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10/18/1990 CITY COMMISSION MEETING October 18, 1990 The City Commission of the City of Clearwater met in regular session at City Hall, Thursday, October 18, 1990 at 6:03 p.m., with the following members present: Rita Garvey Mayor/Commissioner Richard Fitzgerald Vice-Mayor/Commissioner Lee Regulski Commissioner William Nunamaker Commissioner Sue 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. Williston Brewer of Belmont Park United Methodist. 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 - none. IV - Introductions and Awards. Jessee Dawsey of the Sanitation Division/Public Works Department was presented the 1990 Employee of the Year Award. The Mayor introduced two Japanese exchange teachers from sister city, Nagano, Japan, who are visiting the Pinellas school system. V - Presentations Five suggestion awards were presented to City employees. Jon Russell, Chairman, reported on the United Way Campaign program for the City of Clearwater. VI - Minutes of the Regular Meeting of October 4, 1990 Commissioner Regulski moved to approve the minutes of the regular meeting of October 4, 1990, as recorded and submitted in written summation by the City Clerk to each Commissioner. The motion was duly seconded and carried unanimously. VII - Citizens to be heard re items not on the Agenda. Mike Foley requested access to the dynamic flow model of Stevenson's Creek. He indicated he had been denied access as it was part of the City's legal defense in the Stevenson's Creek hearing. The City Manager was requested to respond by memo. Louis Cottone requested that Capri Mobile Home Park be agendaed for discussion at a future work session. Bob Bickerstaffe expressed concern regarding the location of the City's Sanitation Complex creating a safety hazard at the Airpark. The City Manager indicated he had responded to Mr. Bickerstaffe and that the FAA would be notified of the concern. VIII - PUBLIC HEARINGS ITEM #9 - (Cont. from 9/20/90) First Reading Ordinance #5041-90 - Deleting the provision for transfers of development rights from the Open Space/Recreation District to Upland property (PH) This ordinance would prohibit the transfer of densities from properties seaward of the Coastal Construction Control Line (CCCL) to appropriate "upland" properties east of the CCCL. This item was continued from the September 20, 1990 Commission meeting to permit additional staff research. The Planning and Development Department staff has nearly completed its research on the properties affected by this ordinance; however, this research will be obsolete once the resurvey of the CCCL is released next year. Staff is requesting withdrawal of this ordinance until after the effects of the CCCL resurvey can be analyzed. Commissioner Regulski moved to withdrawn this item. The motion was duly seconded and carried unanimously. ITEM #10 - Declare surplus property in Plaza Park Sub., Blk G, Lots 1, 5, 7, 8 and 10 for the purpose of selling for Infill Housing (PLD) Action on this item is directly related to action that might be taken by the Commission regarding the North Greenwood Infill Housing Program, which item will be agendaed for the November 1, 1990 Commission meeting. Commissioner Nunamaker moved to continue this item to the next regularly scheduled Commission meeting of November 1, 1990. The motion was duly seconded and carried unanimously. ITEM #11 - Public Hearing & First Reading Ordinances #5046-90 & #5047-90 - OL Zoning and a Land Use Plan Amendment to Residential/Office for property (.28 acres) located on the E side of S Greenwood Ave. approx. 175' S of Turner St., Maryland Sub., Blk B-1, Lot 1 & N 38' of Lot 2 (Jaquier Z90-07, LUP90-16)(PLD) Staff requested this item be continued as the Planning & Zoning Board at its meeting of October 2, 1990 continued this request until its meeting of October 16, 1990 because the applicant was not present. Commissioner Berfield moved to continue this item to the next regularly scheduled Commission meeting of November 1, 1990. The motion was duly seconded and carried unanimously. ITEM #12 - Public Hearing & First Reading Ordinances #5043-90, #5044-90 & #5045-90 - Annexation, IL Zoning and a Land Use Plan Amendment to Industrial for a parcel (1.3 acres) located on the E side of Calumet St. approx. 1600' W of Hercules Ave., Sec. 1-29-15, M&B 34.26 (Johnson A90-11, LUP90-15)(PLD) The parcel is partially covered with a badly deteriorated parking surface. The parcel is proposed to be redeveloped with parking and retention areas to serve the building additions being proposed for the property to the north and east under the same ownership. Six buildings are existing and three additions to those buildings are proposed. The total site plan will be reviewed at a later date, at which time an Open Space Fee for the "expansion" may be due. The annexation is being sought so that additional sewer will be provided and to bring the total development under one jurisdiction. The Public Works Department recommends the City annex the remaining portion of the Calumet Street right-of-way abutting the applicant's property in conjunction with the annexation of the subject parcel. There are two County drainage easements on the property. The requested IL (Limited Industrial) Zoning and Land Use Plan Designation of Industrial is in compliance with the Pinellas County Land Use Plan and is appropriate for this area. Commissioner Fitzgerald moved to approve the annexation, IL zoning and land use plan amendment to Industrial on the subject property. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5043-90 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5043-90 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. The City Attorney presented Ordinance #5044-90 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5044-90 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. The City Attorney presented Ordinance #5045-90 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5045-90 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 #13 - (Cont. from 9/6/90) Public Hearing & First Reading Ordinances #5012-90 & #5013-90 - Land Use Plan Amendment to Commercial/Tourist Facilities and CG Zoning for a parcel (1.9 acres) located on N side of Sunset Point Rd. adjacent to and between Meadow Dr. and Elliott Dr., Barrett Manor Sub., part of Lots 15 & 16 and all of Lots 16-22 (National Safety Council, Peacock, Campagna LUP90-14, Z90-05)(PLD) There are four buildings located on the site. The property owners are making the request to enable them to rent some of the suites for retail use. A restrictive covenant limiting the use of these parcels to office was signed by the owners on August 9, 1971. The Land Development Code requires that additional parking spaces and/or loading spaces be provided prior to any change of use. The building located at 2348 Sunset Point Road has sufficient spaces to accommodate a change to the retail use but the building located at 2350 Sunset Point Road would be deficient eight regular spaces and one loading space. The building located at 2362 Sunset Point Road would be deficient nine regular parking spaces and one loading space. The building located at 2378 Sunset Point Road would be deficient three regular parking spaces since the extra three spaces there now are illegal because they are spaces which back out into the street (Elliott Dr.). There would be added deficiencies in parking if any of the retail uses required vehicles in the conduct of their business, since one space would be required for each business vehicle. With the exception of the property addressed at 2348 Sunset Point Road none of the properties could meet the parking requirements brought about by the change of use. The requested changes in use could result in as many as 1,345 additional vehicle trips per day on Sunset Point Road. The extension of the Commercial/Tourist facility in this area would destroy the existing buffer to the residential area to the north and could have the effect of promoting the commercial stripping of the rest of Sunset Point Road. William Luten, representing the National Safety Council, said a commercial use was more compatible with the area and that the building is being used sparingly by the Council. A petition from the residents of Barrett Manor Estates was submitted in opposition to the request. Five residents of Barrett Manor Estates spoke in opposition expressing concern that a commercial zoning would result in devaluation of the residential properties, cause an increase in traffic and crime, add to the already inadequate parking situation and create additional drainage and maintenance problems. Carl Myer, Director of the National Safety Council, indicated they have outgrown the building and have been trying to sell it for sometime. He said there is adequate parking for the classes. In response to a question, it was indicated the present owner of the building is the Pinellas County Chapter of the National Safety Council and that Luten Industries is the realtor engaged by the Council to sell the property. A question arose as to the restrictive covenant that was signed in August 1971, and it was indicated it was not known when it expires. Commissioner Regulski moved to deny the request on the basis that an inability to maximize economic gain is no reason to change the land use, that the potential for traffic generation and deficiency in parking is enough not to allow the land use plan amendment and further that the general inconsistencies with proper planning and land use would exist if the zoning were changed. The motion was duly seconded and carried unanimously. CITY MANAGER REPORTS IX - CONSENT AGENDA (Items #14-24) - Approved as submitted less item #23. Bids & Contracts - Awarded. ITEM #14 - Extend contract with Great American Temporary Services for the period 10/1/90-9/30/91 for an estimated cost not to exceed $60,000.00 (PER) ITEM #15 - Contract for copier services to Pitney Bowes Inc., Tampa, FL, for the period 11/1/90-10/31/91 for an estimated cost $84,000.00 (PIO) ITEM #16 - Contract to perform monthly bioassay tests on wastewater treatment plant effluents to Grove Scientific Company, Orlando, FL, for the period 11/1/90-10/30/91 for an estimated cost $12,450.00(PW) ITEM #17 - Contract for the 1990 Gunite Storm Restoration Contract (90-15) to Pressure Concrete Construction Co., Lakeland, FL, for $68,080.00 (PW) ITEM #18 - Contract for the refurbishing of utility hangers at Clearwater Pass Bridge to Coastal Marine Construction, Inc., Venice, FL, for $38,541.00 (PW) ITEM #19 - Contract for parking lot attendant services at parking lots on Clearwater Beach to Republic Parking System, Chattanooga, TN, for the period 11/1/90-10/31/91 for $143,769.00 (PW) ITEM #20 - Contract for one Fork Lift for $26,100.00 and one Skid Loader with power forks and sweeper for $19,390.00 to Brooking Ford Co., Oldsmar, FL, total cost $45,490.00 (PW) ITEM #21 - Ratify and confirm City Manager's award of Purchase Order No. 0535-91 for emergency sanitary manhole replacement at 25910 US 19 N to Suncoast Excavating, Inc., for $10,700.00 (PW) Citizens & Staff Requests - Approved. ITEM #22 - Negotiate a one-year contract for roofing consulting services with Professional Service Industries, Inc., Clearwater, FL, cost to be negotiated (GS) ITEM #23 - See pages 6 and 7. Change Orders - Approved. ITEM #24 - C.O.#5 to the contract with Danis Industries Corp. for the East Advanced Pollution Control Facility, increasing by $10,838.00 for new total of $14,107,523.00 (PW) Commissioner Fitzgerald moved to approve the Consent Agenda as submitted less Item #23 and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #23 - Stormwater Utility Billing Issues (AS) At the June 21, 1990, Commission meeting, conceptual approval was granted to proceed with implementing a stormwater utility billing system and financing plan. The stormwater utility funding proposal was included in the budgets for Public Works and capital improvements leading to the adoption of the 5.2037 millage assessment in the 1990-91 Budget. The final public hearings on this program are planned for November and December in order to implement the enabling ordinances effective January 1, 1991. The plan calls for the funding of all existing stormwater management functions in Public Works Engineering, Infrastructure, and Environmental Divisions and funding for a billing mechanism at minimum costs. In addition, enhancements in Infrastructure and Environmental Management are included in the Utility budget to increase City responsiveness to problems of clogged and overgrown drainage ditches, street sweeping, water quality CIP's, and monitoring required by federal and state mandates. Significant steps must be taken very soon by the Utility Customer Service Division and Data Information Service Division to allow the proposed January 1, 1991 implementation. Accordingly, policy approval is requested on certain technical questions related to the customer billing unit and address the billing of undeveloped property, exemptions and credits. Staff recommendations are as follows: (1) the stormwater fee be collected from the utility customer whether the customer be owner or tenant and that the fee be collected monthly through the existing utility billing; (2) there be no exemptions from stormwater utility fees; (3) the decision on methodology for handling undeveloped parcels (less than 5 percent of total property in Clearwater) be deferred for at least six months after the implementation of the stormwater utility; and (4) no credits be given for claimed improvements until or unless actual experience establishes a need and rationale for allowing such. In response to a question, it was indicated no other governmental or city properties that have a water meter utility would be exempted. Public Works Director Bill Baker indicated every property occupied by either a residential or non-residential function and having a utility account with the City of Clearwater will be responsible for paying a fee. He said, if the property is occupied by a parking lot, the users or operators of the lot, will be charged a fee. Commissioner Regulski moved to accept staff recommendations and direct staff to prepare a stormwater utility ordinance for first reading on November 15, 1990, with an effective date of January 1, 1991. The motion was duly seconded and carried unanimously. X - OTHER ITEMS ON CITY MANAGER REPORT ITEM #25 - Request from UPARC for waiver or payment of fees and charges (CM) As indicated in correspondence received from UPARC Executive Director, James Leach, UPARC has asked the City to either waive or pay the impact and other development fees that are associated with a planned UPARC residential development on Highland Avenue in the estimated amount of $78,301.40. There are no provisions in the County's Transportation Impact Fee Ordinance to allow the City Commission to waive the transportation impact fee. This same issue was addressed recently when the City Commission chose to pay approximately $22,000 on behalf of the Center Foundation when it was determined the Commission could not waive the transportation impact fee. The City's water and sewer impact fee ordinance likewise, does not have a provision to allow the waiver of impact fees. However, neither does it have a provision that specifically prohibits a fee waiver. With regard to any consideration to waiving the building permit, plan review or other administrative charges, the circumstances in which the City has previously taken this action were for specific governmental agencies, such as St. Petersburg Junior College, Pinellas County and Ruth Eckerd Hall, of which the City will be the eventual owner. The City has established a special mechanism to pay impact fees on behalf of the community service organizations that meet certain criteria. The UPARC request does not meet the existing criteria. If the existing eligibility criteria is amended, it will set a precedent for future requests of this sort. The City Manager indicated he recommends denial due to the precedent approval would set. Thomas Buckley, Vice-President of Client Service at UPARC, indicated a commitment has been received from HUD (Housing & Urban Development) for the construction of a residential development. He said UPARC cannot come up with enough dollars to complete the project and indicated, at the present time, the impact fees of $78,000 were "burying" the project. Discussion ensued in regard to this being one of many worthy projects; however, it does not meet the criteria guidelines established for waiver requests. It was also indicated the budget constraints under which the City is operating need to be considered. Discussion ensued in regard to the method used to calculate the traffic impact fee and it was indicated consideration should be given to recalculating this fee. Concern was expressed in regard to these fees should the use change. Consensus was for staff to re-evaluate the traffic generation figures to see if the impact fees could be lessened. Commissioner Regulski moved, regretfully, to deny the request. The motion was duly seconded and carried unanimously. ITEM #26 - Amendment to existing Colony Marina Restaurant Lease Agreement to include beer and wine sales for on-premise consumption (MR) On April 18, 1990, the City consented to the assignment of the Colony Marina Restaurant Lease to Edward M. Metallo and Ursula M. Metallo. Due to the increased demand for beer and wine beverages, the Lessee requests an amendment to the existing Lease Agreement to allow the sale of beer and wine in the restaurant. Contingent upon and subject to the approval by the Planning and Zoning Board of a conditional use application to permit on-premises consumption of beer and wine, Lessee requests an amendment to Paragraph 3, of the existing Lease Agreement, dated July 30, 1986, which states "no beer or alcoholic beverages shall be sold or served for consumption in or about the demised premises". Edward Metallo, owner, stated permitting the sale of beer and wine will allow the establishment to be competitive with restaurants in the area. He said his restaurant has a good reputation and he or his wife are on the premises at all times. In response to a question, it was indicated the hours of operation are from 6:00 a.m. to 7:00 p.m. Discussion ensued in regard to adjacent businesses serving beer and wine. Concern was expressed regarding allowing alcoholic beverage sales in the same building as the Marine Department. Commissioner Nunamaker moved to approve the amendment to the existing Colony Marina Restaurant Lease Agreement to include beer and wine sales for on-premise consumption and that the appropriate officials be authorized to execute same. The motion was duly seconded. Upon the vote being taken, Commissioners Nunamaker, Fitzgerald and Garvey voted "aye;" Commissioners Regulski and Berfield voted "nay." Motion carried. ITEM #27 - Purchase and Installation of playground equipment for Kings Highway Recreation Center and Clearwater Beach Recreation Complex from Miracle Recreation Equipment Co., for $31,684.00 (PR) Several years ago, the City established a Capital Improvement Project to replace old, worn out playground equipment at 22 playgrounds throughout the City. Continuous inspection and maintenance programs are used to determine the safety of various pieces of equipment along with the timing for replacement. Playground equipment at Kings Highway Recreation Center and the Clearwater Beach Recreation Complex is in need of replacement. The new equipment is designed for preschoolers and early primary grade children six to eight years old. It is colorful and offers a variety of play experiences including sliding, climbing and exploring. On June 7, 1990, the City Commission approved the purchase and installation of identical playground equipment from Miracle Recreation Equipment Company for Morningside Recreation Complex at the same cost. The City Manager indicated it will be a couple years before recycled plastic can be used for anything other than curb stops, benches and picnic tables. Staff was challenged to look for ways to use recycled materials and the City Manager indicated staff is presently researching areas where recycled materials can be used. Commissioner Regulski moved to approve the purchase and installation of playground equipment for Kings Highway Recreation Center and Clearwater Beach Recreation Complex from Miracle Recreation Equipment Company for $31,684.00 and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #28 - Organizational/Operational Structure for Gas System (CM) At the City Commission meeting of August 16, 1990, considerable interest was shown in the formation of a separate Gas Utility department headed by a General Manager reporting directly to the City Manager. The intent of this new structure was to streamline operations and make the division more profitable while still returning a dividend and paying administrative charges to the general fund of at least $1.4 million per year. The Commission also felt that a plan should be developed to cause the gas system to repay over time, a 1983 loan of $1,126,540 to the Water and Sewer fund. The Commission also expressed considerable interest in separating gas insurance liability exposure as much as possible from the general fund. After reviewing the various organizational alternatives contained in the R. W. Beck report of August 1990, and after reviewing the organizational arrangements of municipal gas operations in the cities of Tallahassee, Pensacola and Gainesville, it is recommended the system be organized along traditional lines. For the first few years at least, while the new organization is being restructured, the General Manager should report directly to the City Manager in order to enhance decision making, provide for a more rapid response and to maximize the ability of the Gas System to improve its operations more quickly. To assist in this effort, a performance audit will be conducted and a business plan prepared. Once the recommendation is approved, the City will seek competitive internal and external candidates for the General Manager position through a job announcement. Discussion ensued regarding when the Gas Division could be separated from the City and it was indicated it would take some time for it to stand on its own. It was indicated the City would still be liable for the gas system as long as it remains the property of the City. It was felt by reorganizing the gas system, it may be possible to buy separate liability insurance. In response to a question, it was indicated the suggested approach for the organizational and operational structure of the gas system was open to changes and protections in order to keep the system sound and safe. Discussion ensued in regard to whether or not the Commission should be involved in determining the compensation of the General Manager, management structure and operation. It was indicated the General Manager would be hired under the structure of a department head and the Commission would be kept informed. It was indicated, if there is an extraordinary salary arrangement, i.e., percentage of profits, this will be brought to the Commission. Discussion ensued in regard to tying compensation in with profit and performance or setting up an incentive program. The Commission requested they be kept informed of the developments. In response to a question, it was indicated a performance audit would be conducted and a business plan would be prepared; however, would not be completed until a General Manager is selected. Commissioner Regulski moved to approve separation of the Gas Division from the Department of Public Works and create a new department known as the "Clearwater Gas System"; approve creation of the position of General Manager, Clearwater Gas System and approve a management structure with a general manager of the gas system serving as a department head and reporting directly to the City Manager and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Manager indicated he will keep the Commission informed regarding compensation for the General Manager. The Mayor stated Vision Cable would be presenting a tape on Amendment #3 regarding state mandates during the break. The meeting recessed from 7:50 p.m. to 8:09 p.m. ITEM #29 - Resolution #90-45 - Authorizing Florida Department of Transportation (DOT) to execute an agreement with CSX Transportation to provide flashing signals at the railroad crossing on Vine Avenue (PW) The Florida DOT has identified the Vine Avenue railroad crossing in its priority listing as being in need of the installation of flashing signals. This program is financed with federal funds administered by DOT to pay CSX Transportation the installation costs of $62,575.55. The City of Clearwater is required to pay to the railroad an annual maintenance fee of $650.00. To date the City has entered into twenty of these agreements. Tracks have been removed at three locations, leaving seventeen active agreements with an annual cost of $8,825.00. The first annual payment will not be due until one year following installation. Commissioner Regulski moved to approve the agreement with CSX Transportation. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #90-45 and read it by title only. Commissioner Fitzgerald moved to pass and adopt Resolution #90-45. The motion was duly seconded, upon roll call the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #30 - Environmental Advisory Committee - 5 appointments (CLK) Discussion ensued in regard to whether or not there could be a potential for conflict of interest in some issues for some of the individuals on the list due to their occupations, and it was indicated if this is the case, they could declare so. Commissioner Nunamaker moved to appoint Harold Hunt. The motion was duly seconded and carried unanimously. Commissioner Berfield moved to appoint Sue Espey. The motion was duly seconded and carried unanimously. Commissioner Regulski moved to appoint Will Perry. The motion was duly seconded and carried unanimously. Commissioner Fitzgerald moved to appoint Mike Foley. The motion was duly seconded. Upon the vote being taken, Commissioners Nunamaker, Fitzgerald and Berfield voted "aye;" Commissioner Regulski and Mayor Garvey voted "nay." Motion carried. Mayor Garvey moved to appoint George Davis. The motion was duly seconded and carried unanimously. Commissioner Regulski moved to appoint Will Perry, Harold Hunt and George Davis for two-year terms. The motion was duly seconded and carried unanimously. Commissioner Berfield moved to appoint Mike Foley and Sue Espey for one-year terms. The motion was duly seconded. Upon the vote being taken, Commissioners Nunamaker, Fitzgerald and Berfield voted "aye;" Commissioner Regulski and Mayor Garvey voted "nay." Motion carried. XI - Other Pending Matters - None. CITY ATTORNEY REPORTS XII - First Reading Ordinances ITEM #31 - Ordinance #5053-90 - Relating to beaches, waterways, applications for waivers from the restrictions on watercraft and aircraft at Clearwater Beach The City Attorney presented Ordinance #5053-90 for first reading and read it by title only. A citizen indicated the Planning & Zoning Board expressed concern regarding the enforceability of this ordinance. She said parameters need to be established to improve safety for swimmers. She questioned why the Gray/Moussa waiver was being considered before this ordinance had been adopted. The City Attorney indicated the proposed ordinance makes enforcement easier. He said this ordinance makes three basic changes (1) reducing the amount of the required insurance to $500,000; (2) eliminating the propeller guard requirement, which the Coast Guard has found to be ineffective, and (3) eliminating the inference that an activity is a threat of endangering public safety if customers are issued six citations in a year. In response to a question, the City Attorney indicated other businesses with the $1 million insurance requirement could come back asking for a reduction or they may keep their present coverage for business reasons of their own. Concern was expressed regarding the elimination of the six citations from the ordinance. The City Attorney indicated this provision operates to put the business operator in jeopardy of losing the business because renters do not always abide by the rules. Commissioner Nunamaker moved to pass Ordinance #5053-90 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Nunamaker, Fitzgerald and Garvey. "Nays": Regulski and Berfield. Motion carried. This ordinance was reconsidered in conjunction with Item #33, see page 14. XIII - Resolutions ITEM #32 - Resolution #90-46 - Dedication of drainage, utility and roadway easements (Clearwater Country Club and Bonair Hill Subdivision) Public Works Director Bill Baker, stated a Florida Power substation is located east of Highland Avenue on the north side of Union Street and another is located north of the railroad tracks and east of Greenwood Avenue. Florida Power desires to connect them with a transmission line. He said Florida Power needs a route to connect the substations and the City is contemplating a route for their reclaimed water line. Other routes have been investigated; however, this was found to be the best route, away from residences. A small portion of the property, in the middle of the golf course, does not belong to the City; however, Florida Power has obtained an easement from the Country Club for that portion. Nick Karay, District Manager of Florida Power, said the project was started in April of 1988 and he indicated several routes and alternatives had been reviewed before this route had been selected. Mr. Karay said all property owners along the route have been notified and there have been no objections. In response to a question, John Simpson of Florida Power said, typically, the cost of underground transmission lines runs five to seven times more than the cost of overhead lines. Any increase in costs for lines would be passed on to the rate payers. The City Attorney presented Resolution #90-46 and read it by title only. Commissioner Regulski moved to pass and adopt Resolution #90-46. 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 #33 - Waiver agreement - Gray/Moussa The City Attorney presented the waiver application and agreement for approval. This agreement will provide for a limited waiver of the restricted waterway ordinance for the property located at 470 North Gulfview Boulevard. This will allow the continued operation of a watercraft rental business at this location, using a marked corridor through the 300 foot restricted swimming area for launching or retrieving watercraft under the control and operation of the applicant. This agreement will also require the applicant to meet certain conditions in order to use the marked corridor for this rental business. The City Attorney said this agreement has been in negotiation for a long time. He indicated a valid point had been made during the discussion of Ordinance #5053-90 when a question was raised regarding whether this agreement should be considered prior to the adoption of that Ordinance which amends the current restricted waterway provisions. Commissioner Nunamaker moved to approve the agreement contingent upon the adoption of Ordinance #5053-90. The motion died for the lack of a second. Discussion ensued regarding the need to eliminate the six customer citation provision from both this agreement and Ordinance #5053-90. It was stated that the current ordinance provides for revocation of the license if a dangerous condition is found to exist. In response to a question the City Attorney reviewed the history of the settlement of the suit regarding ownership of the beach which led to the filing of the application for this agreement. He stated failure to approve this agreement may result in additional litigation which may result in the applicants not having to meet any of the conditions for use of the restricted waterway. Commissioner Nunamaker moved that the application and agreement be accepted. The motion was duly seconded. Upon the vote being taken, Commissioner Nunamaker and Mayor Garvey voted "aye", Commissioners Regulski, Fitzgerald and Berfield voted "nay." Motion failed. Discussion ensued in regard to the removal of the six customer citation provision. The City Attorney indicated he would not want the Ordinance amended so that this agreement did not meet those provisions. He requested direction from the City Commission as to what would be acceptable. Commissioner Nunamaker moved to reconsider Ordinance #5053-90. The motion was duly seconded. Upon the vote being taken, Commissioners Regulski, Nunamaker, Berfield and Mayor Garvey voted "aye;" Commissioner Fitzgerald voted "nay." Motion carried. Commissioner Regulski moved to amend Ordinance #5053-90 on page 2, Section 114.78(b) deleting the lines that are struck and changing the "six citations" to "nine citations" per year. The motion was duly seconded. Upon the vote being taken, Commissioners Regulski, Nunamaker, Berfield and Mayor Garvey voted "aye;" Commissioner Fitzgerald voted "nay." Motion carried. Commissioner Nunamaker moved to approve Ordinance #5053-90, as amended, be passed on first reading. The motion was duly seconded, upon roll call the vote was: "Ayes": Regulski, Nunamaker, Berfield and Mayor Garvey. "Nays": Fitzgerald. Motion carried. Commissioner Regulski moved to reconsider the Gray/Moussa waiver agreement. The motion was duly seconded. Upon the vote being taken, Commissioners Regulski, Nunamaker, Berfield and Mayor Garvey voted "aye;" Commissioner Fitzgerald voted "nay." Motion carried. Commissioner Regulski moved to amend the Gray/Moussa waiver application and agreement on page 4, paragraph 16, by changing "The provisions of Section 114.78 (Revocation) relating to the six citations issued within a fiscal year of the city shall be applicable to the applicant or their employees only, and shall not apply to the customers of the applicant" to "The provisions of Section 114.78 (Revocation) relating to the six citations issued within a fiscal year of the city shall apply to the applicant and their employees but that nine citations within a fiscal year of the city shall apply to the customers of the applicant. The motion was duly seconded. Upon the vote being taken, Commissioners Regulski, Nunamaker, Berfield and Mayor Garvey voted "aye;" Commissioner Fitzgerald voted "nay." Motion carried. Commissioner Regulski moved to approve the Gray/Moussa waiver application and agreement as amended. The motion was duly seconded. Upon the vote being taken, Commissioners Regulski, Nunamaker, Berfield and Mayor Garvey voted "aye;" Commissioner Fitzgerald voted "nay." Motion carried. ITEM #34 - Countryside Christian Center v. City, Settlement Proposal Countryside Christian Center is willing to dismiss its action with respect to its challenge of the annexation policy for the provision of sewer services to the Center in exchange for the following: (1) the City of Clearwater recognize the existing site plan as approved by Pinellas County as a vested site plan that the City will not require any additional burdens being placed upon such site plan other than those as already imposed and approved by Pinellas County; (2) in as much as there is an existing and approved site plan, the City would not impose parks and recreation impact fees in connection with the additional construction or building of structures on the site or for any other reason; (3) The City would waive the annexation application fee; (4) parties to bear their own costs of suit and attorney's fees ; and (5) the Church would agree to make application for annexation no later than three years from the date of the settlement agreement's execution and the property's eventual zoning would be consistent with existing use. The Planning and Development Department has reviewed the site plan for this property and has compared the site plan with City requirements. The differences are as follows: (1) parking: 1,000 spaces are required and 916 spaces are provided. One loading space is required and none is provided and (2) Open space for the entire site: 25 percent is required and 19.97 percent is provided. The City Attorney recommends approval of the settlement with the following modifications: (1) in paragraph 1 of Mr. Maguire's letter, to say that the City will not require "any additional burdens" on the property is vague and overly broad. In past settlements, we have used language saying, in effect, that the City may impose current life safety codes adopted on a city-wide basis, any requirements which Florida or federal law require us to impose, and any building code adopted by the Pinellas County Construction Licensing Board or by the State of Florida. He recommends that similar language is included in this settlement; (2) in paragraph 2 of Mr. Maquire's letter, the property will be exempt from the recreation impact fee because it is nonresidential. The existing improvements will be exempt from the open space fee under the code. New construction under this site plan ordinarily would be subject to the open space fee because it will amount to more than a 50 percent expansion of the floor area of a nonresidential development. This fee is estimated to be $19,100.34, but this is subject to final calculations. There is the possibility that a conveyance of land to the City could offset this fee, in whole or in part. He recommends that new construction should not be exempt from the open space fee; and (3) in paragraph 5 of Mr. Maguire's letter, an outer time limit in which to apply for a building permit for the last building shown on the site plan should be added. Ten years is suggested. Commissioner Berfield moved to approve in concept the settlement proposal subject to the modifications proposed by the City Attorney. The motion was duly seconded and carried unanimously. XV - City Manager Verbal Reports The City Manager reported that precautions have been taken to protect participants in the Jazz Festival from mosquitos due to the encephalitis situation. XVI - Other Commission Action ITEM #35 - Consideration of salary adjustment for City Manager Commissioner Regulski stated the City Manager's job knowledge and ability to cooperate remain at a high level. He said He has been explicit in carrying out Commission policies, has been cooperative and enthusiastic about Commission suggestions and direction and has had excellent communication with the Commission when administering the City's operation. He said Mr. Rabun has recognized the problem of high wages and compression and should be complimented on his efforts in this area. He said he has continued to earn his respect and support and rated him good to excellent as a city manager. He recommended 5 percent considering the 2 percent already given for 6 months averaged over an 18 month period which would be 4.06 percent annually. Commissioner Regulski moved to increase the City Manager's salary to $82,465 per year effective October 1, 1990. It was felt all members of the Commission should comment before action is taken. Commissioner Fitzgerald stated that overall Mr. Rabun has performed well in following the policy guidance given and has acted in the best interest of the City overall. He said there is a need to achieve cost reduction through volunteer involvement, a need to assure that the ratio of management to worker does not get out of balance and that management at all levels needs to be responsible and accountable. He recommended a zero-based budget technique to review departments before the next budget formulation takes place, involving the budget advisory committee from the beginning, starting with the larger City departments first. He said there is a need to improve communication internally as well as externally, to develop mechanisms to control personnel costs and to make sure the public relations function performs as expected. He recommended adding 3 percent to the 2 percent increase given in April. In response to a question, he said he was not recommending the increase be retroactive. Commissioner Nunamaker complimented Mr. Rabun on having staff members present at all Commission meetings and following the majority of the Commission's policy regarding changes in mid-management. He felt the City Manager had replaced personnel with very efficient people. He said he strongly supports Mr. Rabun and feels he is doing a good overall job. He said his next evaluation will be based strongly on running the City more economically prudent. He recommended a 2 percent increase in pay with six months severance pay. Commissioner Berfield stated that the City Manager has been very helpful and very responsive. She expressed concern regarding public evaluations. She said he has done his job. She said 2 percent has been budgeted for salaries and that what is done tonight will set the temper for the balance of the budget year. She indicated the City is basically built out and other methods to finance the City will have to be found. She said she would go along with a 2 percent increase but not with six months severance pay. The Mayor stated she did not rank Mr. Rabun high or acceptable because she disagrees with the management style and structure. She feels this type of management isolates the City Manager from mid-managers causing morale problems at all levels. She said Mr. Rabun's total compensation package needs to be considered. She indicated he has already received a 2 percent increase and felt six months severance pay was totally inappropriate. Discussion ensued in regard to the former City Manager's and present City Attorney's severance pay. A suggestion was made that thought be given to changing the City Attorney's anniversary date so that consideration of his salary can be done after the budget is passed. Discussion ensued in regard to whether or not there should be public input. Consensus was not to allow. Commissioner Nunamaker moved to increase the City Manager's pay by 2 percent and to give him 4 months severance pay. The motion was seconded and upon the vote being taken, Commissioner Regulski, Nunamaker and Berfield voted "aye;" Commissioner Fitzgerald and Mayor Garvey voted "nay." Motion carried. The Mayor requested the City Commission consider identifying funding for mailing of Amendment 3 support as City funds can not be used. She announced the date of the Jazz Holiday and encouraged everyone to attend. Commissioner Regulski questioned how many long range planning committees there are for the Library and what they are addressing. XVII - Adjournment The meeting adjourned at 9:58 p.m.