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09/20/1990 CITY COMMISSION MEETING September 20, 1990 The City Commission of the City of Clearwater met in regular session at City Hall, Thursday, September 20, 1990 at 6:00 p.m., with the following members present: Rita Garvey Mayor/Commissioner Richard Fitzgerald Vice-Mayor/Commissioner Lee Regulski Commissioner William Nunamaker Commissioner Sue A. Berfield Commissioner Also present: Ron H. Rabun City Manager M.A. Galbraith, Jr. City Attorney William C. Baker Public Works Director James Polatty, Jr. Planning and Development Director Cynthia E. Goudeau City Clerk The Mayor called the meeting to order and led the Pledge of Allegiance. The invocation was offered by Rev. Del Copeland of the First United Methodist Church. In order to provide continuity for research, the items will be listed in agenda order although not necessarily discussed in that order. III - Service Pin Awards. One service pin was awarded to a City employee. IV - Introductions and Awards. Proclamation - Safety Awareness Week, September 24-28, 1990. V - Presentations. Clearwater Neighborhood Housing Services presented a plaque in appreciation of City support. VI - Minutes of the Regular Meeting of September 6, 1990. Commissioner Regulski noted Commissioner Nunamaker's name had been omitted as the maker of the motion for Item #42 on page 16. Commissioner Regulski moved to approve the minutes as amended of the regular meeting of September 6, 1990. The motion was duly seconded and carried unanimously. VII - Citizens to be heard re items not on the Agenda. Jack Marsh, President of the Clearwater Retirees Association, requested the City Commission consider retirees when considering changes to the Pension Plan. He objected to proposed changes which would make the Trustees to the Pension Plan sole governing body for pension decisions. VIII - PUBLIC HEARINGS ITEM #9 - Public Hearing & First Reading Ordinance #5027-90 - Vacating 5' utility easement abutting the south property line, Windsor Woods Subdivision II, Lot 24, less the W 10' thereof (Recchia V90-09)(PW) The applicant is proposing to construct a wooden deck and provide landscaping. According to City atlases, there are no utilities within this easement. The request has been reviewed by various City departments/divisions and the three utility companies and there are no objections. Commissioner Nunamaker moved to approve the vacation request. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5027-90 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5027-90 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #10 - Public Hearing & First Reading Ordinance #5042-90 - Vacating N 30' of 16' alley between Lots 1 & 2 of Revised Map of C.S. Hayden Est. Sub. (Osceola Inn V90-10)(PW) At the present time, the City is collecting refuse with an existing dumpster located at the end of the alley. In redeveloping the property, the applicant will be required to have additional dumpsters. They would like to construct a concrete pad approximately 20 feet by 8 feet on the west 1/2 of the proposed vacated alley to accommodate a trash compactor. The only utility the City has in this alley is a sanitary sewer line which lies within the east 1/2 of the alley. The request has been reviewed by various City departments/divisions and the three utility companies and there are no objections, subject to full width of the alley being retained as a drainage and utility easement. Commissioner Nunamaker moved to approve the vacation request subject to it being retained full width as a drainage and utility easement. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5042-90 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5042-90 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #11 - Public Hearing & First Reading Ordinances #5017-90 & #5018-90 - Land Use Plan Amendment and Zoning Atlas Amendment from Low Density Residential and Multiple-Family Residential (RM-8) to Public/Semi-Public for two parcels (.4 acres) located in Belmont Second Addition, Blk C, Lots 1-4 and 8-10 (Woodlawn Church of God LUP 90-13 Z 90-04)(PLD) Staff's recommendation is to approve the request for Lots 1-4 but deny it for Lots 8-10 because the lots between Lots 4 and 8 will remain residential as they are not owned by the Church. Pastor Randy Morris indicated the Church is negotiating with the intervening properties trying to purchase these lots. Commissioner Nunamaker moved to continue this item to October 4, 1990. The motion was duly seconded and carried unanimously. ITEM #12 - Alcoholic Beverage Minimum Distance Variance for package sales at Winn Dixie located at 1555 S. Highland Ave., Sec.23-29-15, M&B 34.031 (S.L. Jaeb, Northlake/Belle Plaza AB 90-05)(PLD) The variance is requested to permit 2-APS package sales within the Winn-Dixie Store whose rear wall is 48 feet from the rear property line which abuts residential properties. The store, which is under construction, will have doors and loading areas in the rear and requires a 300 foot separation distance from a residential zone. The topography and configuration of the site required storm water detention be located in front of the buildings causing the buildings to be located closer to the rear property line and the residential area. According to Code, the building could be located 25 feet from the residentially zoned area if no openings were within 50 feet of the residential properties. This alternative was impractical because of the traffic impact the loading area would have caused in the front of the building. The Planning & Zoning Board approved a conditional use on September 18, 1990. There are no other alcoholic beverage sales facilities within 300 feet of this facility. The property is presently zoned CC (Commercial Center) but was the subject of settlement agreements which decreed the development to be built under the requirements of the 1983 CG (General Commercial) zoning. The CC zoning requires a fifty foot rear setback while the CG zoning requires a ten foot rear setback, plus 25% of any height over 20 feet. The certified site plan shows a 35 foot maximum building height. Therefore, a rear setback of 13.75 feet would have been required; the site is being developed with a 48 foot rear setback. Donald Bush of Williams Architects submitted a diagram of the building indicating the doors at the back would be open for deliveries only and locked at 6:00 p.m. In response to questions, he indicated the fence stopped 100 feet north of the south property line due to a driveway easement onto the property and that the Winn Dixie store is to be the first occupant of the Center. Concerns were expressed regarding the possibility of additional requests for alcoholic beverages in the center. Commissioner Nunamaker moved to approve a variance of 252 feet to allow package sales of alcoholic beverage sales within 48 feet from a residential zoning district. The motion was duly seconded. Upon the vote being taken, Commissioners Regulski, Nunamaker and Fitzgerald and Mayor Garvey voted "aye," Commissioner Berfield voted "nay." Motion carried. ITEM #13 - Public Hearing & First Reading Ordinance #5019-90 - Rezoning and Master RPD 20.3 Site Plan for Post Harbor with Transfer of Development Rights; a parcel (10.544 acres) located S of SR 60, W side of Thornton Rd; William Brown Sub., Lots 10-12 and Bay Heights Sub., part of Lots 1-8 and vacated streets (Stowell/Post Florida Z 90-06, PSP 90-12)(PLD) The applicants requested this item be continued for 90 days. Commissioner Regulski moved to continue the item for 90 days. The motion was duly seconded and carried unanimously. ITEM #14 - Declare Surplus approximately 57.33 acres in Hillsborough County, Sec.19-27-17 lying adjacent to and within 925' m.o.l. of the E side of Patterson Rd., for purpose of Exchanging it for Island Estates Sub., Unit 5, Blk D, Lot 7 (Windward Reflections Inc./Rex Harper)(CM) In April, 1990, City staff received permission to seek appraisals on a parcel of land located at 205 Windward Passage, which is currently owned by Rex Harper, and for acreage in Hillsborough County owned by the City of Clearwater. The City owns approximately 914 acres of land, located north of Nine Eagles Golf Club on Patterson Road, that is currently being used as a sludge disposal area for the waste water treatment plants. The land can be declared to be surplus at this time without significantly impacting the City's short or long term sludge disposal requirements. The City-owned land in Hillsborough County sought by Mr. Harper is valued at $7,500 per acre. Approximately 57.3 acres of the City-owned land will be required to equal the value of the Windward Passage tract. A parcel of City land that Mr. Harper considered for exchange several months ago was valued at $6,500 per acre. The property at 205 Windward Passage, which is approximately four tenths of an acre, is being sought as a parking lot that could anchor a future planned 80 slip municipal marina. If permitted by the State, it could be built on adjacent City-owned submerged land. It should be noted there is a sliver of State-owned bottom land, located between the City-owned bottom and the upland property, that would have to be leased from the State to allow construction of a marina. Since the land being traded is currently owned by the sewer fund, the land swap will initially be recorded entirely within the sewer fund. The book value of the land being swapped and the value at which the new parcel will be transferred from the sewer fund to the marina fund or parking fund will be determined at a subsequent time. In response to a question, it was indicated that, if the Commission approved this item, staff would proceed to finalize the exchange. Some concern was expressed regarding the appraised values. Commissioner Regulski moved to declare the 57.3 acres of property in Hillsborough County surplus for the purpose of exchanging for Island Estates Unit 5, Blk D, Lot 7, that staff be authorized to consummate the exchange and that the appropriate officials be authorized to execute same. The motion was duly seconded. Upon the vote being taken, Commissioners Regulski, Fitzgerald and Berfield and Mayor Garvey voted "aye;" Commissioner Nunamaker voted "nay." Motion carried. ITEM #15 - 1990/91 Proposed Budget Public Hearing and Second Reading The City Manager reviewed the proposed budget and explained the significant budget increases. Support was encouraged for Amendment #3 which would provide some relief from state and federal mandates. Discussion ensued regarding a shortfall in the state's budget possibly decreasing some of the monies received by the City from sales tax and intergovernmental sources. It was indicated a mandate in the Clean Water Act has resulted in the City proposal providing for a stormwater utility fee that would be added to everyone's utility bill and would generate approximately $1 million in revenues for the City. It was indicated the proposed budget assumes the passage of this utility fee. The City Manager reviewed proposed changes to the recommended 1990/91 budget which include adjustment of police department overtime, reduction of road and drainage millage, reduction of the general fund surplus, reduction in Community Redevelopment Agency funding, deletion of restrooms in Coachman Park and transferring funding for the Emergency Operations Center. Representatives of the International Association of Firefighters, the Fraternal Order of Police and Communication Workers of America indicated the proposed 1 to 1-1/2 percent salary increase was not acceptable and expressed concern regarding raises and bonuses provided for Supervisory, Administrative, Managerial and Professional Employees (SAMP) employees. It was felt that restoration of the 10 percent surplus fund was excessive. It was the opinion of the unions that the City had adequate legal staff to conduct the labor negotiations without having to bear the expense of outside counsel. Several citizens requested the Commission look for more creative revenue sources, to not restore the surplus fund in one lump sum, to reinstate the police patrol in the downtown and to not cut police and fire services or code enforcement. It was felt cuts in beautification projects would be more appropriate than cuts in services provided. Concern was expressed regarding increased tax assessments as it was felt property values had not increased that greatly. It was indicated the Homestead Exemption Act needs to be addressed. There was also concern expressed regarding the possibility of City crews being too numerous for the amount of work to be done. One citizen requested the public information officer position be eliminated and he felt the extra parks and recreation position and code enforcement were not necessary. One citizen stated he enjoyed the services provided by the City and preferred taxes go up to services going down. The Commission expressed concern and discussion ensued in regard to differences in the SAMP and union pay plans. It was indicated this subject will be addressed in the future. A suggestion was made that a 900 line, which would generate revenue, be installed at the Library for some of the reference services provided and that consideration be given to joining the Countywide library system. Discussion ensued in regard to possible reductions in the budget. A suggestion was made that the City Commission set the millage rate at the current FY rate of 5.1000 and the City Manager decide what cuts to make. Concern was expressed that the Commission needed to know what the cuts were to be. Discussion ensued regarding the additional personnel proposed for the Police Department. Consensus was to add the officer for the Countywide Drug Task Force, the foot patrol officer, but that this not be limited to downtown, and the three communication positions; and to delete the addition of nine police officers. This will result in a $396,054 reduction to the proposed budget. Discussion ensued regarding the user fee subsidy to be paid to the Center Foundation. Concern was expressed regarding the fee structure, scheduling and subsidizing recreation for non-residents. It was indicated a commitment had been made and it was felt the Foundation complements the community. It was suggested that a year of operation of the facility is needed in order to evaluate this cost. Consensus was the subsidy to the Center Foundation not be eliminated. Discussion ensued in regard to the need for a code enforcement vehicle allowing all inspectors to have their own car. It was felt this would provide for increased efficiency as the inspectors would be able to spend more time in the field. Consensus was to eliminate the vehicle with direction to try and find a vehicle in the existing fleet. There was discussion regarding possible mechanization of traffic control on the beach and it was indicated this was being addressed by the Blue Ribbon Task Force. A suggestion was made to approach the state legislature regarding an anti-cruising ordinance. Consensus was full funding for the Beach Super Force be left in with the understanding that a sincere effort will be made to eliminate it within six months. Discussion ensued in regard to the library reference service funding. It was felt the same level of service could be provided at less cost through the use of volunteers. Consensus was the library funding be reduced by $40,000 with the understanding that this was to be done through the use of volunteers and possibly a 900 line. Discussion ensued in regard to whether or not to continue with the Memorial Causeway Beautification project and it was indicated the project should be finished by the end of October. It was indicated the funds for this project are in the CIP fund and can be carried over to next fiscal year. Completion of this project will not affect next year's budget. Consensus was funds for this project were not to be eliminated. The possibility of reducing the cost of the Annual Advisory Board Dinner was discussed. Consensus was to leave the funding as is. Discussion ensued regarding the cost of the Annual Phillies Dinner. It was indicated this is a public relations effort on the part of the City. Consensus was funding for the Phillies dinner be cut to $1000. Attendance of conferences by City Commission members was discussed. Concerns were expressed that funding for this year should be left as is because the Florida League of Cities is changing the dates of its conference and there will be two in this fiscal year. It was suggested that although three members are scheduled to attend the National League of Cities in December that a policy be set for future conferences that attendance will be limited to two members. Consensus was to leave the funding as is but to set the policy recommended to limit attendance at any one conference to two City Commission members. Concern was expressed regarding a proposal to eliminate the Beach Task Force and Environmental Advisory Committee. It was stated this was an effort to point out that everything the City does costs money. Discussion ensued regarding the restoration of the 10 percent surplus fund. Concerns were expressed that the fund needs to be restored in order to protect the City from unanticipated expenses. Consensus was to restore the surplus fund to a 9 percent level. The meeting recessed from 10:00 p.m. to 10:15 p.m. The Director of Administrative Services, Elizabeth Deptula, reviewed the reductions to the budget. She indicated these cuts resulted in a total reduction of $810,641. The new proposed millage rate will be 5.2037 which is a 6.7 percent increase over the roll back rate. In response to a question, the City Attorney indicated the downtown foot patrol could not be funded through the Community Redevelopment Agency (CRA) as it would not be related to the downtown plan or exclusive of the downtown. Commissioner Regulski moved to reduce the General Fund expenditures in the 1990/91 budget by $810,641. The motion was duly seconded. It was suggested direction be provided to staff to try to maintain expenditures at the 5.1000 millage rate level. Upon the vote being taken, Commissioners Regulski, Nunamaker, Berfield and Mayor Garvey voted "aye;" Commissioner Fitzgerald voted "nay." Motion carried. A. Ordinance #5024-90 - Millage Rate The City Attorney presented Ordinance #5024-90 for second reading and read it in its entirety. Commissioner Regulski moved to amend Ordinance #5024-90 in the first and second "whereas" clauses by decreasing the estimated revenues from ad valorem taxes from "$21,248,535" to "$20,437,894" and in Sections 1 and 2 decreasing the levy of mills from "5.4101 mills" to "5.2037 mills" and the increase in the roll back rate from "10.9%" to "6.7%." The motion was duly seconded. Upon the vote being taken, Commissioners Regulski, Nunamaker and Berfield and Mayor Garvey voted "aye;" Commissioner Fitzgerald voted "nay." Motion carried. Commissioner Regulski moved to pass and adopt Ordinance #5024-90 as amended on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Nunamaker and Garvey. "Nays": Fitzgerald and Berfield. Motion carried. B. Ordinance #5025-90 - Operating Budget The City Attorney presented Ordinance #5025-90 for second reading and read it by title only. The Budget Officer described the changes to Exhibit A of Ordinance #5025-90 as follows: the property tax budgeted revenues would be decreased by $810,641 decreasing the General Fund total by the same amount; the General Fund expenditures would be decreased: for the Police Department by $396,054 recognizing the deletion of nine positions; code enforcement in the Planning & Development Department by $13,000; the Library Department by $40,000; City Commission budget by $1,150; and the General Fund surplus contribution by $355,437. All changes are in the General Fund; no changes in the other funds. Commissioner Regulski moved to amend Exhibit A of Ordinance #5025-90 as described by the Budget Officer and in accordance with the millage rate in Ordinance #5024-90. The motion was duly seconded, and upon the vote being taken, Commissioners Regulski and Nunamaker and Mayor Garvey voted "aye;" Commissioners Fitzgerald and Berfield voted "nay." Motion carried. Commissioner Regulski moved to pass and adopt Ordinance #5025-90 as amended on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Nunamaker and Garvey. "Nays": Fitzgerald and Berfield. Motion carried. C. Ordinance #5026-90 - Capital Improvement Program (CM) The City Attorney presented Ordinance #5026-90 for second reading and read it by title only. Commissioner Regulski moved to pass and adopt Ordinance #5026-90 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Nunamaker and Garvey. "Nays": Fitzgerald and Berfield. Motion carried. ITEM #16 - Land Development Code Amendments Required by the Comprehensive Plan (PLD) A. First Reading Ordinance #5030-90 - Transfers of Development Rights, guidelines. The proposed ordinance establishes policies of the Comprehensive Plan as additional review criteria for transfers of development rights. The Planning & Zoning Board motion for approval resulted in a tie vote. Those voting against the ordinance were concerned regarding future interpretations of what constitutes "development practices to provide visual relief from urban monotony. The City Attorney presented Ordinance #5030-90 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance #5030-90 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. B. First Reading Ordinance #5031-90 - Vegetative Buffers, AL/I and AL/C zone borders. This ordinance establishes a requirement for creation and maintenance of vegetative buffers along the borders of Aquatic Lands/Interior (AL/I) and Aquatic Lands/Coastal (AL/C) districts to promote improved water quality. The City Attorney presented Ordinance #5031-90 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance #5031-90 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. C. First Reading Ordinance #5032-90 - Barrier Islands, Repair/Reconstruction. This ordinance establishes density rights for non-conforming land uses on barrier islands. The City Attorney presented Ordinance #5032-90 for first reading and read it by title only. A question was raised regarding repair or reconstruction of structures being subject to all land development regulations and it was indicated only the regulations relating to flood protection. The ordinance will be amended before second reading by adding the words "relating to flood protection" after the words "land development regulations" in the next to last line in (h)(1). Commissioner Regulski moved to pass Ordinance #5032-90 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. D. First Reading Ordinance #5033-90 - Conditional Use Standards, "consistent with community character". This ordinance permits the consideration of "community character" in the issuance of conditional use permits. The City Attorney presented Ordinance #5033-90 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5033-90 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. E. First Reading Ordinance #5034-90 - Marinas and marina facilities. This ordinance strengthens specific conditional use permit standards for marinas and marina facilities. The City Attorney presented Ordinance #5034-90 for first reading and read it by title only. Questions were raised regarding whether or not marina facilities were prohibited in grass beds and if the Raddison Hotel would be impacted if this was the case. It was indicated conditional use approval has already been obtained for the Raddison. Commissioner Berfield moved to pass Ordinance #5034-90 on first reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. Concern was expressed regarding the City's land swap for property on Island Estates to allow for the possibility of a marina there and it was indicated there are no grass beds on this site. F. First Reading Ordinance#5035-90 - Public Nuisances--excessive growth, debris. This ordinance declares excessive growth or any accumulation or outdoor storage of certain specified materials to be public nuisances. The City Attorney presented Ordinance #5035-90 for first reading and read it by title only. Prior to second reading, Planning & Development staff is to clarify definitions regarding inoperable vehicles and what to do about certain vegetation which can breed mosquitos. Commissioner Regulski moved to pass Ordinance #5035-90 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. G. First Reading Ordinance #5036-90 - Landscaping Requirements. This ordinance clarifies and consolidates street right-of-way, buffer, perimeter and interior landscaping standards, as well as, provides for the increased use of native vegetation in meeting landscape requirements. Increased landscaping requirements along arterial and collector rights-of-way are established, along with more specific requirements concerning size, spacing and type of plant materials. Increased buffering requirements are provided, including the width of the buffer strip and the height of the buffer. Also, the size of a parking lot requiring interior landscaping has been reduced. The City Attorney presented Ordinance #5036-90 for first reading and read it by title only. The reference made to the "Clearwater area" in subparagraph (8) will be deleted when referring to species of grass. It was requested the last sentence of (f)(3) on page 7 read: "No parking or display of vehicles or outdoor storage or display of merchandise shall be permitted in or over any landscaped area, nor shall vehicles be permitted to overhang any required landscaped area." Discussion ensued regarding pruning restrictions included in (h)(1) on page 7. Concerns were raised regarding the need for Florida Power to trim trees to keep them out of the power lines. Consensus was for staff to provide appropriate language for second reading. Commissioner Regulski moved to pass Ordinance #5036-90 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. H. First Reading Ordinance #5037-90 - Neighborhood/community utility facilities. This ordinance establishes specific conditional use permit requirements for the construction of public utility facilities in virtually all City districts in accordance with Comprehensive Plan policies and State law. The City Attorney presented Ordinance #5037-90 and read it by title only. It was requested the ordinance be clarified, prior to second reading, in regard to electric transmission substations versus transformer stepdown stations. It was also indicated a distinction should be made regarding facilities to serve a neighborhood versus the whole community. Commissioner Fitzgerald moved to pass Ordinance #5037-90 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. I. First Reading Ordinance #5038-90 - Historic Preservation. This ordinance establishes the framework for historic preservation efforts. It does not designate any areas to be covered by the regulations. The City Attorney presented Ordinance #5038-90 for first reading and read it by title only. Commissioner Berfield moved to pass Ordinance #5038-90 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. J. First Reading Ordinance #5039-90 - Post-Disaster Redevelopment. This ordinance prohibits post-disaster variances to dimensional requirements unless other hardships exist. Discussion ensued regarding whether or not storm damage should be considered as a hardship for these variances. The ordinance as written would prohibit any consideration of the storm. Staff is requesting the ordinance be denied and they will bring back another amendment in the future. Commissioner Berfield moved to deny Ordinance #5039-90. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": Regulski. Motion carried. K. First Reading Ordinance #5040-90 - Scenic Corridors (Bayshore Blvd.), development requirements. This ordinance strengthens an earlier Commission resolution that established Bayshore Boulevard as a scenic corridor. The City Attorney presented Ordinance #5040-90 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance #5040-90 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. L. First Reading Ordinance #5041-90 - Deleting the provision for Transfers of Development Rights from the Open Space/Recreation District to Upland property Concerns were expressed regarding using the Coastal Control Construction Line as it can be changed from time to time. In response to a question, it was felt the current constraints should remain in determining the overall densities to be transferred. Staff is requesting this ordinance be continued as there are some concerns that as drafted, enforcement could constitute a taking. One citizen expressed concern regarding continuing this ordinance for any length of time as it might cause a rush of site plan submittals. Commissioner Regulski moved to continue Ordinance #5041-90 to October 18, 1990. The motion was duly seconded and carried unanimously. Public Hearing - Second Reading Ordinances ITEM #17 - Ordinance #5022-90 - Amending Operating Budget for FY 89/90 The City Attorney presented Ordinance #5022-90 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5022-90 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #18 - Ordinance #5023-90 - Amending Capital Improvement Program Report and Budget for FY 89/90 Commissioner Fitzgerald moved to amend Ordinance #5023-90 in the second "whereas" clause, increase "Miscellaneous" from $224,023 to $479,823, an increase of $255,800; in the third "whereas" clause, increase the funds available for capital improvement projects from $3,967,455 to $4,223,255; amend Exhibit A by adding $255,800 to the amounts shown in the third and fourth columns for "General Public Building Miscellaneous." The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5023-90 as amended for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5023-90 as amended on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #19 - Ordinance #4957-90 - Amending Sec. 50.05(d) and (g), To Establish or Change Fees relating to water system connections, water service, water and fire hydrant uses The City Attorney presented Ordinance #4957-90 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #4957-90 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #20 - Ordinance #5008-90 - Amending various sections in Chapters 135, 136 and 137, relating to family, group and congregate care facilities. The City Attorney presented Ordinance #5008-90 for second reading and read it by title only. Commissioner Regulski moved to pass and adopt Ordinance #5008-90 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #21 - Ordinance #5009-90 - Land Use Plan Amendment from Unclassified to Low Density Residential for property on E side of Dora Dr., approximately 100' S of Sharkey Rd., Lot 20, Rolling Heights Sub. (Rimer LUP 90-12) The City Attorney presented Ordinance #5009-90 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5009-90 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #22 - Ordinance #5010-90 - Zoning Atlas Amendment as Single Family Residential (RS-6) for property on E side of Dora Dr., approx. 100' S of Sharkey Rd.; Lot 20, Rolling Heights Sub. (Rimer A 90-10) The City Attorney presented Ordinance #5010-90 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5010-90 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #23 - Ordinance #5011-90 - Annexation of property as zoned in Ordinance #5010-90, for property located on the east side of Dora Dr. approximately 100 ft south of Sharkey Rd; Lot 20, Rolling Hts Sub. (Rimer A 90-10) The City Attorney presented Ordinance #5011-90 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5011-90 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #24 - Ordinance #5016-90 - Vacating part of east-west alley lying S of Blk 46A and N of Blk 46, and the north-south alley lying E of Lots 1-4 and W of Lots 5-8, Blk 46A, Mandalay Sub. (Thornton V 90-08) The City Attorney presented Ordinance #5016-90 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5016-90 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #25 - Ordinance #5020-90 - Amending Ordinance #4996-90 which vacated north-south 5' utility easement lying W of E lot line of Lots 2-6, Mandalay Sub. to include reference to Blk 54 of said subdivision (Taylor V 90-04) The City Attorney presented Ordinance #5020-90 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5020-90 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #26 - Ordinance #5021-90 - Vacating gas line installation and maintenance easements located in Sec. 30-28S-16E (M.B.C. Corp. V 90-11) The City Attorney presented Ordinance #5021-90 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5021-90 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. CITY MANAGER REPORTS IX - CONSENT AGENDA (Items #27-48) - Approved as submitted less Items #32, #33 and #42. Agreements - Approved. ITEM #27 - Agreement with AT&T Credit Corp. for $2.5 million Lease/Purchase Line of Credit Financing for FY 1990/91 (AS) ITEM #28 - Second Amendment to License and Agreement with Clearwater Ferry Service, Inc. re Minimum Routing Schedule deleting Mondays not falling on a national holiday and the four and month evaluations. (MR) Bids & Contracts - Awarded less Items #32 and #33. ITEM #29 - Contract for Laundry/Dry Cleaning/Alteration Services for Police and Fire Departments with North Hercules Cleaners, Clearwater, for the period 10/15/90 to 10/14/91, at an estimated cost of $16,840 (AS) ITEM #30 - Contract for Microfiche Services with Anacomp, Inc., Tampa for FY 90/91, at an estimated cost of $10,918.32 (AS) ITEM #31 - Contract for Purchase of Spare Parts for Maintenance of 800 mHz Trunked Radio System with Ericsson GE Mobile Communications Div., Lynchburg, VA for FY 90/91, at an estimated cost of $55,000 (GS) ITEM #32 - See pages 19 and 20. ITEM #33 - See page 20. ITEM #34 - Contract for Vehicle Lubrication and Inspection with Oil Can Henry's, Clearwater for FY 90/91, at an estimated cost of $23,650.00 (GS) ITEM #35 - Three-year Contract for Purchase of Equipment Repair and Maintenance Parts with Anderson Auto Parts Co., Inc., Clearwater, for the period 10/1/90 to 9/30/93, at estimated cost of $2,400,000 ($800,000 per year) (GS) ITEM #36- Extension of Contract for Clearwater Executive Airpark Mowing Services with Caladesi Landscaping & Maintenance, Palm Harbor, for the period 10/15/90 to 10/14/91 at a cost of $21,794.00 (PW) ITEM #37 - Extension of Contract for Purchase of Ninety (90) Gallon Plastic Refuse Containers with Reuters, Inc., for FY 90/91 at an estimated cost of $150,000 (PW) ITEM #38 - Contract to Purchase Liquid Alum from General Chemical Co., Parsippany, NJ, for FY 90/91, est. $16,020 (PW) ITEM #39 - Extension of Contract to Purchase Water Meters from Schlumberfer Ind., Inc., Tallahassee, AL and Sunstate Meter & Supply, Inc., Gainesville, FL, for the period 9/20/90 to 8/14/91, at an estimated cost of $93,825.00 (PW) ITEM #40 - Ratify and Confirm Purchase Order No. 344-90 for Emergency Insituform Rehabilitation of 21" Storm Line at 1318 Hillcrest Ave. to Insituform Southeast, Inc. at a cost of $15,295.00 (PW) ITEM #41 - Contract for Groundwater Contamination Assessment of Fleet Maintenance Facility with Environmental Science and Engineering, Inc., at an estimated cost of $15,840.00 (PW) Citizens & Staff Requests - Approved. ITEM #42 - See pages 20 and 21. ITEM #43 - Amendments to Community Development Block Grant, 15th Year Final Statement 1989/90 to fund cost overruns of $2,000 for Quest Inn and $1,800 for Religious Community Services (PLD) Change Orders - Approved. ITEM #44 - C.O. #4 to Contract for East Advanced Pollution Control Facility increasing contract amount by $142,282 for a new contract total of $14,096,685 (PW) Plans & Plats - Approved. ITEM #45 - Modification to the Residential Planned Development (RPD Site Plan for Spring Lake, located on the E side of Keene Rd., S of Virginia St. (Jack Russell III PSP 83-28)(PLD) - Authorize referral to the City Manager for final action with the following conditions: 1) prior to certification of modifications to the site plan, plot plans for Lot Type "A" and "B" shall be revised to exclude the six lots listed on the plot plan for Lot Type "C" and 2) signs and fencing/walls are subject to separate review and permitting processes. Receipt & Referral - Received and Referred. ITEM #46 - Petition for Annexation, Land Use Plan Amendment to Industrial and Zoning Amendment to Limited Industrial (IL) for property located on the N side of Range Rd. approximately 600' W of Belcher Rd., Pinellas Groves, portion of Lots 14 & 15, Sec.12-29-15, 1.55 acres (Weaver/Florida Realty Fund Two, Ltd. A 90-12, LUP 90-17)(PLD) CITY ATTORNEY Agreements, Deeds & Easements - Accepted. ITEM #47 - Drainage, Utility and Sidewalk Easement - the N 7' of Lots 1 & 2, South Haven Sub. (Unity-Clearwater Church) ITEM #48 - 130 ' Drainage Easement - part of Lot 12, Blk W, Hibiscus Gardens (Florida VOA Elderly Housing, Inc.) Commissioner Berfield moved to approve the Consent Agenda as submitted less Item #42. The motion was duly seconded and carried unanimously. Individuals in the audience requested discussion on Items #32 and #33. Commissioner Berfield moved to rescind the previous motion. The motion was duly seconded and carried unanimously. Commissioner Berfield moved to approve the Consent Agenda as submitted less Items #32, #33 and #42. The motion was duly seconded and carried unanimously. ITEM #32 - Contract for Purchase of Carpeting for the Main Library with Bob's Carpet Mart, Largo for $42,713.33 including installation (GS) Carpeting in the Main Library has deteriorated to the point where it presents a safety (tripping) hazard. This deterioration is caused by: 1) the carpeting which is glued to asphalt/asbestos tile is coming loose from its wooden or concrete base surface; and 2) the carpeting jute backing is tearing which is causing the carpeting to stretch and to create rolls of excess carpeting. The excess rolls of carpeting have been cut, the excess removed and taped many times by Building and Maintenance personnel. Initial efforts to replace the carpeting revealed several problems. The last addition prior to the Adler addition, tiled the original wooden floor of the second story and the new concrete floor with asphalt/asbestos tile. The first floor carpeting is glued to concrete. The Adler addition included new carpeting for the Main Library. The asphalt/asbestos tile glued over the wooden floor has lost its adhesion to the wood and will be pulled up with the carpeting when the carpeting is removed. Environmental regulations permit the removal of small areas (no fixed amount--approximately 100-150 square feet) of asbestos containing tile. Removal of asbestos containing tiles from larger areas required total contamination containment procedures. The wooden floor area is approximately 4,000 square feet. In order to expedite the carpet replacement process and contain the disruption to the library users, a three step process was developed: 1) removal of carpeting (glued to tile over concrete) from non-book shelf areas and hiring of a consultant to oversee this carpet removal and monitor the air for asbestos; 2) the selection of a consultant to develop the RFP for the asbestos containment and removal (the wooden floor area) and oversee the tile removal; and 3) obtain bids for book shelf moving and carpet replacement. Step 1 has been accomplished and revealed an additional 500 square feet of tile that has been added to the containment and removal. The cost for Step 1 is $7,342.80 (carpet removal - $2,400.00, consultant for oversight - $3,300.00, and tile sealing - $1,642.80). Step 2 has been completed. The contamination containment and tile removal project has been expanded from 4,000 to 4,500 square feet. The cost for Step 2 is $11,400.00 (RFP development and oversight - $3,000.00, contract for tile removal - $8,400.00). Total of unplanned expenses - $18,742.80.) Bids were solicited for the installation of new carpeting and seven responses were received ranging from the recommended low bid of $42,713.33 to the high bid of $54,620.60. Commissioner Regulski moved to award a contract to Bob's Carpet Mart for carpeting for the main library with the stipulation that the moving contract (Item #33) go back out for bid and that the moving bidders be allowed to talk to Bob's Carpet Mart. The motion was duly seconded. Upon the vote being taken, Commissioners Regulski, Fitzgerald, Berfield and Mayor Garvey voted "aye;" Commissioner Nunamaker voted "nay." Motion carried. ITEM #33 - Contract for Moving Services with Library Movers of America to enable recarpeting of the Main Library, $31,968.84 (GS) The Main Library carpet is a hazard to patrons and staff, due to areas with large ripples. Separate bids were solicited for carpet and for moving services to move all book ranges, furniture books and other items, to facilitate recarpeting. Specifications to bidders included a list of calculations of beam loading, a floor plan showing weight limits, a list of items to be moved, and upon request, a videotape of the interior of the Main Library. Bidders were given detailed instructions for scheduling the work and on the movement of the furnishings, to ensure that the Library remain open, and the collection accessible whenever possible during the term of the recarpeting. All books and materials will remain on the shelves in the Library. The book stacks will be moved intact. Access to the books and materials on the floor of current work will be restricted to Library staff who will assist patrons by "running" for requested items, assuring maximum collection use during the recarpeting project. Representatives of Graebel Van Lines objected to the way the bids were specified and the procedure used. They alleged they were unable to get with the carpet installer to coordinate the job and alleged that questions were not answered with staff being uncooperative. Assistant City Manager Kathy Rice indicated the bid protest procedure allows for protests prior to bid opening. Linda Mielke, Library Director, indicated the specifications were specific to allow the library to remain open as much as possible during the project, staff was available to answer questions and a video tape of the inside of the library had been prepared for the prospective bidders to view. Concern was expressed that there was lack of coordination between the mover and the carpet installer. Commissioner Regulski moved to reject all bids. The motion was duly seconded and carried unanimously. ITEM #42 - Town Meetings - Approval of dates and locations for 90/91 (CM) The following schedule is recommended for the four 1990/91 Town Meetings: (1) Morningside Recreation Center on Tuesday, October 23, 1990; Martin Luther King Center on Tuesday, November 27, 1990; Memorial Civic Center on Tuesday, March 26, 1991; and Countryside Library on Tuesday, April 23, 1991. In keeping with past Commission direction, the proposed meetings have been scheduled to begin at 7:30 p.m. A request had been made at the work session of September 17th to reschedule the October 23rd meeting due to a conflict with one of the Commissioners schedules. October 16th has been suggested for the revised date; however, concern was expressed that moving the town meeting to this date would not allow ample time to notify the neighborhood. Commissioner Nunamaker moved to approve the Town Meeting dates and locations keeping the October 23rd date. The motion was duly seconded and carried unanimously. X - OTHER ITEMS ON CITY MANAGER REPORT ITEM #49 - Group Health Insurance renewal for 1991 with implementation of premium conversion plan under Section 125 of the Internal Revenue Code (AS) The City currently offers a choice of three group health insurance programs to its employees. CIGNA, Equicor and American General have been offered by the CIty since 1980. It has been the intent and belief that the best way to hold down the inflationary spiral of group insurance costs for the CIty and its employees would be to reduce the number of insurers offered to City employees. Furthermore, it is the City's belief that the employees would benefit by the institution of a "point-of-service" plan which provides the HMO benefit of a low co-payment with the "safety net" of a major medical plan. In essence, a point of service plan allows the employee a choice of using either an HMO physician and paying a specified co-payment or using a physician of the employee's choice, wherein payment is subject to a deductible and co-insurance. An employee may make this choice EACH time medical treatment is required. After reviewing American General's and CIGNA's capabilities, it was decided our goal would best be met by the CIGNA Healthplan. In March 1990, CIGNA acquired Equicor, Inc. from Equitable Life Assurance Company. As the merger with CIGNA will not be completed in 1991 and Equicor will continue to operate as a separate entity, we propose to continue the current HMO plan with Equicor for 1991. This will better facilitate continuity of care for our employees and give them an added choice in their healthcare benefits. The monthly cost for the plans for 1991 will be as follows: CIGNA Equicor Employee $150.58 $139.02 Dependent $218.46 $197.72 Full Family $369.04 $336.74 The City will continue to pay 100% of the employee health insurance cost; the employee is responsible for 100% of the dependent rate. The rates shown above are increases from the current Equicor/CIGNA rates. They represent a decrease from the rates currently charged by American General. Because it was anticipated the insurance premium would increase, monies are available in the budget to cover these costs. The rates are guaranteed for one year (1/1/91 through 12/31/91). The Section 125 premium conversion program allows employees to reduce their taxes when they pay insurance premiums for their dependents. If an employee pays insurance premiums through payroll deduction and chooses the premium conversion option, the employee will experience a reduction in taxes and an increase in net income. The City, as well, can experience a reduction in related payroll taxes. These recommendations have been discussed and meet the approval of representatives of the four unions. Commissioner Regulski moved to accept the negotiated proposal from CIGNA for the point-of-service plan known as CIGNA Health Access to approve the continuation of Equicor Health Plan as a stand-alone health maintenance organization (HMO), approve the replacement of American General plan with CIGNA Health Access and authorize implementation of the premium conversion plan under Section 125 of the Internal Revenue Code. The motion was duly seconded and carried unanimously. ITEM #50 - Renewal of Property and Casualty Insurance Coverages totalling $430,186.00 to Arthur J. Gallagher & Co. (AS) On July 1, 1985, the City and Arthur J. Gallagher & Co. began a property and casualty insurance program. Under the program, Arthur J. Gallagher & Co. brokers the program to various insurance markets and assists the City in purchasing insurance commensurate with its risk. The policies in this program have been tentatively placed, but if better rates can be obtained from other companies, the coverage will be placed elsewhere at the lower rates. Concern had been expressed at the work session regarding continuing to use Appalachian for Excess Property coverage in light of the fact that they had denied our claim for the Clearwater Pass Bridge and the Commission had requested that alternatives be developed. John Liston of Arthur J. Gallagher reviewed the three options available for excess property coverage. Option 1 would continue to use Appalachian for this coverage. The Appalachian policy would have a $3,000,000 flood limit and would exclude property located on Sand Key or West of U.S. l9A. Option 2 would replace Appalachian with CIGNA. The CIGNA policy would have a $500,000 flood limit but would not exclude any properties. The third option would replace Appalachian with International Insurance Company and would have a $5,000,000 flood limit excluding Clearwater Beach property. In response to questions, Mr. Liston indicated Appalachian did not have a record of not paying claims and they feel they are acting within the language of the policy. He stated Option 3 is more broad than Option l. Commissioner Berfield moved to approve Agenda Item #50 using Option 3 for Excess Property Layers 1 and 2. The motion was duly seconded and carried unanimously. Discussion ensued regarding continuing coverage on the Stamas Police boat which is to be sold. It was indicated that while the cost of the Hull coverage would be reduced the boat would have to be taken out of the water October l, l990. It was stated it would be better to continue coverage and then get a credit once the boat is sold. It was noted there is an option for Boiler and Machinery coverage which would replace Zurich American with Kemper-American Manufacture's Mutual and lower the premium to $7,256. Commissioner Regulski moved to amend Item #50 by amending the coverages: reducing the London Package premium from $175,000 to $165,000 and the London Drop Down premium from $10,000 to $9,000; changing the Boiler and Machinery insurer from Zurich American to Kemper American and reducing the premium from $7,500 to $7,256; and reducing the hull premium from $8,500 to $7,900 for an amended total premium of $418,342. The motion was duly seconded and carried unanimously. Mr. John Liston of Arthur Gallagher & Company indicated a quote for excess liability coverage should be available in approximately two weeks. ITEM #51 - Converting City-Owned Service Station to a 27 space metered parking lot (MR) This is the third attempt to lease the site as a full service station. Two bids were received but neither met the specifications. A late bid was submitted; however, it was also non-conforming. Due to the lack of response, staff now recommends the building be removed and the site converted into 27 metered parking spaces. The Parking Enterprise Fund will pay approximately $33,040 for the building demolition and site improvements including re-paving the area, landscaping by Parks and Recreation Department and installation of parking meters. The Parking Enterprise Fund will reimburse the Marina Enterprise Fund over the next three years for lost revenue estimated at $60,750. Commissioner Regulski moved to approve converting the City-owned service station site into 27 metered parking spaces in the municipal marina parking lot and that the appropriate officials be authorized to execute same. The motion was duly seconded. Upon the vote being taken, Commissioners Regulski, Fitzgerald and Nunamaker and Mayor Garvey voted "aye;" Commissioner Berfield voted "nay." Motion carried. ITEM #52 - Resolution #90-41 - Increasing liability coverage for the City's Liquefied Petroleum License (PW) The State of Florida increased the bond coverage requirement for Liquefied Petroleum dealers from $100,000 to $300,000. The Clearwater Gas Company Bond is carried with the Fidelity and Deposit Company of Maryland. The annual premium for the $100,000 bond previously carried was $1,720. The new premium for $300,000 is $3,000. A question was raised regarding why the City could not issue a letter of credit which would cost no money instead of purchasing a bond at the cost of $3,000. Commissioner Berfield moved to continue Resolution #90-41. The motion was duly seconded and carried unanimously. ITEM #53 - Resolution #90-42 Dissolving the Clearwater Health Facilities Authority (CLK) The Clearwater Health Facilities Authority has been in existence since April, 1979. Its purpose is to assist health facilities in acquisition, construction, financing and refinancing of projects within the city limits. During its existence the Authority has approved one bond issue on behalf of Morton Plant Hospital. This issue was done in 1982 and has been paid off. There are no outstanding issues of the CHFA at this time. Generally, the Authority has met once a year to receive a report from Morton Plant Hospital regarding its projects. An annual financial report has been prepared by the City's Finance Department and filed with the State. The suggestion to dissolve the Authority is in no way a reflection on the Authority. The members have willingly given of their time and have been very conscientious in carrying out the duties of the Authority. However, there has been little activity in the eleven years they have been in operation. In light of the need to cut expenses, the dissolution is being proposed. It should be noted there is a very active County Health Facilities Authority that could be used should a need arise in the City of Clearwater. The City Attorney reported the attorney for Morton Plant Hospital requested this item be continued to allow him to address the Commission. Commissioner Regulski moved to approve the dissolution of the Clearwater Health Facilities Authority. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #90-42 and read it by title only. Commissioner Regulski moved to pass and adopt Resolution #90-42. The motion was duly seconded, upon roll call the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #54 - Ratify and Confirm the Emergency Authorization to reimburse Pinellas County $83,644.00 for C.O.#7 to the County's Construction of McMullen Booth Road Phase I contract for New Gas Mains (PW) The City's Gas Division has a requirement to construct 4,220 feet of 4 inch gas main on McMullen Booth Road from S.R. 590 north to 4th Street North. The new main will serve new customer requests and provide a two-way loop system to better assure continuous delivery of gas to 452 accounts in the City of Safety Harbor, including the second largest interruptible account. The widening of McMullen Booth Road is being constructed by the Overstreet Company by contract with Pinellas County. The City of Clearwater has a utility relocation agreement with Pinellas County under which their contractor will perform gas line relocation. The work proposed under this agreement will be done in the same way. As the City has been planning and negotiating with new customers along this corridor, the County's contractor, Overstreet Paving, has progressed with the development of this roadway project. The project is now at a critical stage where our gas line can be installed if it is done immediately. If the installation were delayed, completed work would have to be destroyed in order to perform the gas line installation. Commissioner Fitzgerald moved to ratify and confirm the emergency authorization to reimburse Pinellas County $83,644.00 for C.O.#7 to the County's construction of McMullen Booth Road Phase I contract and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. A question was raised regarding the rate of return and it was indicated staff would be providing this information. XI - Other Pending Matters - none. CITY ATTORNEY REPORTS XII - First Reading Ordinances ITEM #55 - Ordinance #5029-90 relating to Road Access Management; declaring County Ordinance #90-13 in conflict with City Ordinance The City Attorney presented Ordinance #5029-90 for first reading and read it by title only. Commissioner Berfield moved to pass Ordinance #5029-90 on first reading. The motion was duly seconded. Discussion ensued in regard to the County enforcing access management on County roads within the corporate limits of Clearwater. It was indicated County roads would be under their jurisdiction as they are now. Opting out of the County's Road Access Management leaves City street access under City control. Upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. XIII - Resolutions ITEM #56 - Resolution #90-40 - Assessing property owners costs of having lots mowed or cleared. The City Attorney presented Resolution #90-40 and read it by title only. Commissioner Berfield moved to pass and adopt Resolution #90-40 and authorize the appropriate officials to execute same. The motion was duly seconded, upon roll call the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #57 - Resolution #90-43 - Supporting buffer zone in which gas and oil exploration would be prohibited. The City Attorney presented Resolution #90-43 and read it by title only. Commissioner Fitzgerald moved to pass and adopt Resolution #90-43. The motion was duly seconded, upon roll call the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. XIV - Other City Attorney Items ITEM #58 - Reconsider motion to adopt Ordinance #5014-90 relating to Comprehensive Plan Amendments. On September 6, 1990, the Commission adopted the ordinance on second reading. This ordinance adopted various amendments to the City's Comprehensive plan. The ordinance should not have been scheduled for second reading on September 6, 1990; rather the second reading should be scheduled for a December meeting, after receiving comments from the Florida Department of Community Affairs. Commissioner Regulski moved to reconsider the motion to adopt Ordinance #5014-90. The motion was duly seconded and carried unanimously. Commissioner Berfield moved to refer Ordinance #5014-90 back to the Planning and Development Department for rescheduling following receipt of review comments from the Florida Department of Community Affairs. The motion was duly seconded and carried unanimously. XV - City Manager Verbal Reports The City Manager requested direction regarding which sites the Commission wished the consultant for the Convention Center to consider. Discussion ensued regarding staff's recommendation that the Maas Brothers, Marina, Civic Center and Pier 60 lot, and vacant land on Sand Key sites be studied. The Commission did not feel the marina site should be included. Commissioner Berfield moved to approve the study of the Maas Brothers and Sand Key sites for the possible location of a Conference Center. The motion was duly seconded and carried unanimously. XVI - Other Commission Action Commissioner Fitzgerald reported regarding the tape in support of Amendment #3 and stated he felt it would be ready in about ten days. The Mayor announced Beach Cleanup Day is scheduled for Saturday, September 22nd. She also announced Jazz Holiday will be October 18-22, 1990, and posters and T-shirts are on sale. XVII - Adjournment The meeting adjourned at 1:29 a.m.