Loading...
02/21/1991 CITY COMMISSION MEETING February 21, 1991 The City Commission of the City of Clearwater met in regular session at City Hall, Thursday, February 21, 1991 at 6:01 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 Father Dacian Dee of the St. Cecelia's Catholic 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. The Employee of the Month Award for February was presented to George A. Leslie, WPC/Lift Station Mechanic, Public Service Division, Public Works Department. V - Presentations. Alan Bomstein, representing Morton Plant Hospital, presented a book entitled "Spirit of Morton Plant" to the Commission. This book celebrates the hospital's 75th anniversary. The Commission recognized three boyscouts in the audience who were present to receive credit for participating in a civic duty activity. The Commission recognized Ron Rabun, City Manager, and presented him with several gifts. He was praised for his contribution to the City and the Commission wished him well as he leaves to become County Manager in Seminole County. The City Manager thanked the Commission for their expressions of appreciation. VI - Minutes of the Regular Meeting of February 7, 1991 and Special Meetings of January 23, 1991 & February 11, 1991 Commissioner Regulski moved to approve the minutes of the regular meeting of February 7, 1991, and Special Meetings of January 23, 1991 and February 11, 1991, 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. Commissioner Nunamaker mentioned that Lois Cormeir had been ill and suggested get well cards be sent. VIII - PUBLIC HEARINGS ITEM #9 - Public Hearing for purpose of obtaining public input regarding Route and Schedule Changes on the Jolly Trolley serving Clearwater Beach and Sand Key (PW) The Jolly Trolley operated by Pinellas Suncoast Transit Authority (PSTA) which is routed across Clearwater Pass Bridge to the north end of Sand Key and returns to Clearwater Beach, is officially established by PSTA as a thirty-minute route. The City of Clearwater requests PSTA add an additional stop along that route at the Shoppes of Sand Key, adjacent to the new Radisson Suite Resort. Staff has been informed by PSTA officials that because this route has for some time taken longer than its official thirty-minute designation, a public hearing wherein the route's length and time schedules are discussed is necessary to accomplish the additional stop. It is staff's recommendation that the route's official time designation be either forty or forty-five minutes and the additional stop be accommodated. While the public hearing is required to be held, no action is required by the City Commission other than receiving public input. PSTA will take any comments or questions that are presented into consideration when they take action regarding the schedule change. The Public Works Director explained that the Jolly Trolley is operated by PSTA but the City pays for its operation. In the past, subtle changes were handled by the Traffic Engineer and prominent matters were brought before the Commission. The Traffic Engineer made several changes to stops when no increased costs were incurred. He pointed out the Public Works Department wishes to limit the number of stops. Mike Siebel, representing PSTA, stated several changes have been made over the years and they now result in the trip taking 45 minutes. Federal guidelines require at least one public hearing be held and since the changes effect only an area of the City, PSTA felt it appropriate for the Commission to hear citizens comments. Discussion ensued regarding the desirability of adding additional stops and how important it was to maintain a 30 minute schedule. It was pointed out requests for stops at the north end of the beach, Island Estates and the south end of Sand Key had been received and these had been turned down. The Commission questioned whether there would be an increased cost based on the extended time or addition of stops. Mr. Siebel stated adding stops probably would not cause increased costs as the City is charged by the mile. Since the Trolley is unable to meet the present 30 minute schedule, they are not making all the scheduled runs. Some discussion ensued regarding a minimal charge for the use of the Trolley. Mr. Siebel stated if a fee is charged, reduced fares would have to be provided for the elderly and the handicapped. There was also a suggestion that possibly the businesses benefiting from the service of the Trolley might be willing to subsidize the cost. It was suggested the City Manager talk to the Tourist Development Council and get their feelings on the matter. It was also stated the Beach Task Force recommendations included public transportation items. Commission direction was that PSTA work with staff, taking into consideration recommendations of the Beach Task Force, and report in the future regarding proposed routes and an increased number of Trolleys. PSTA will not have another public hearing until they receive direction from the City Commission. ITEM #10 - (Cont. from 2/7/91) Public Hearing & First Reading Ordinance #5084-91 - Vacating 16' east-west alley lying N of Lot B, Bergens Replat and easterly 1/3 of Lot 2, and the westerly 1/3 of Lot 3, Blk 2, Jones' Sub. of Nicholson's Addn. to Clearwater Harbor (Salvation Army V90-14)(PW) This portion of the Salvation Army's vacation request was continued from the February 7, 1991 Commission Meeting. The vacation of the 15 foot north-south alley lying west of North Fort Harrison Avenue, was approved at the February 1, 1991 Commission Meeting. The applicant is proposing to construct a new parking lot which will include the land now occupied by the alley. This petition has been reviewed by the various City departments and divisions concerned, and except for those of the Public Works Director, there were no objections providing full width drainage and utility easements are retained. Florida Power has no objection providing full width easements are retained. General Telephone has no objections providing a 4" customer owned conduit is provided for their use. Vision Cable has no objections. The Public Works Director has reviewed comments submitted by the reviewing departments and made an on site inspection of the alley. The Director recommends the east-west alley not be vacated because it represents a traffic option which, were it lost to the public, would create a longer route of travel for the citizens adjacent to Osceola Avenue between Jones Street and the alley in question. An acceptable alternate access easement dedicated to the City would eliminate his objections. George Greer, representing the applicant, distributed a site plan and stated the property is needed in order for the development to meet code requirements. He stated the alley has not been maintained by the City. It is their feeling the alley serves little useful public purpose. Discussion ensued regarding the need for the alley. There was concern this would deny people a traffic option they already possess. Jay Myers, architect representing the applicant, stated earlier plans showed a shorter building than what is actually proposed. He pointed out there are too many driveways in a very short distance and the logical location for parking is on the east side of the property. They have not changed the square footage in the building but have changed the scheme from a two story to a one story building. Discussion ensued regarding the required parking and how it could be accommodated. Concern was expressed that there were large areas being reserved for future development that could be used for parking. It was stated the proposed development would be a major improvement to the area. It was suggested they might vacate the alley off Osceola if an easement is granted for public access across the parking lane. The Public Works Director stated the alley has not been maintained according to City standards but if it is not vacated, this will be corrected. He stated the applicant has demonstrated a need for the vacation but still questions whether the request is in the best interests of the public. Mr. Greer stated that because the area on Osceola is zoned residential, they would prefer not to place the parking in that area. The applicant is willing to work with staff with regard to providing an easement. Commissioner Regulski moved to approve the request to vacate the 16' east-west alley lying north of the original boundary of Lot B, Bergens Replat and north of the easterly 1/3 of Lot 2, and the westerly 1/3 of Lot 3, Blk 2, Jones' Subdivision of Nicholsons' Addition to Clearwater Harbor, less and except the west 25' thereof, subject to the alley being retained full width as a drainage and utility easement and subject to the receipt of an ingress egress easement granted to the City and the public through the north side of the parking lot of the corrections facility to Ft. Harrison. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5084-91 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance #5084-91 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 #5073-91, #5074-91 & #5075-91 - Annexation, CN Zoning and a Land Use Plan Amendment to Commercial Tourist Facilities for a parcel (1.70 acres) located on the S side of Sunset Point Rd., approx. 350' W of Hercules Ave., Pinellas Groves Sub., part of Lots 1 & 2, Section 1-29-15 (K. D. Sauder, Trustee, A90-13, LUP90-18)(PLD) The request is for a land use plan amendment from Unclassified to Commercial/Tourist and CN (Neighborhood Commercial) Zoning in conjunction with the annexation. The property is being annexed to obtain sewer services. The City Commission at its meeting of April 19, 1990 approved an Annexation Agreement with the applicant regarding the property. The Development Review Committee approved the site plan with conditions at its meeting of July 26, 1990. After payment of the water and sewer impact fees, a service letter to Pinellas County was written on August 21, 1990. The agreement between the City and the developer conditioned final annexation upon the issuance of a Certificate of Occupancy by Pinellas County. Pursuant to this agreement, this petition is being processed. Commissioner Regulski moved to approve the Annexation, Neighborhood Commercial (CN) Zoning and Land Use Plan designation of Commercial Tourist Facilities on the subject property. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5073-91 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5073-91 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 #5074-91 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5074-91 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 #5075-91 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5075-91 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 #12 - Public Hearing & First Reading Ordinances #5070-91, #5071-91 & #5072-91 - Annexation, OS/R Zoning and a Land Use Plan Amendment to Recreation for a parcel (6.35 acres) located on the NE corner of State St. and Betty Lane, E. A. Marshall's Sub., part of lots 11 & 12, as originally platted and part of Lot 18 (City A90-14, LUP90-20)(PLD) The request is for a land use plan amendment from Unclassified to Recreation and a OS/R (Open Space/Recreation) District Zoning in conjunction with the annexation. The City recently acquired the south half of Lot 11 and north portion of Lot 18 which when added to the south half of Lot 12 (already owned by the City) made the whole parcel substantially contiguous and eligible for annexation. Since the parcel is over three acres the request will have to be approved by the State Department of Community Affairs as well as the County Planning Authority. Future development plans call for the westernmost portion of the property to be developed as an active park with playgrounds and ballfields. The easternmost portion is heavily wooded and will be a passive park with trails and picnic facilities. Commissioner Fitzgerald moved to approve the Annexation, OS/R Zoning and Land Use Plan designation of Recreation on the subject property. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5070-91 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance #5070-91 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 #5071-91 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance #5071-91 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 #5072-91 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance #5072-91 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 - Variances to the Sign Regulations; located at 711 Cleveland St., Gould and Ewing's 2nd Addn., Blk 12, all of lots 3, 7 and 8 and part of lot 4 (Gundlach's Florida Properties, Inc. SV91-03)(PLD) The applicant is requesting two variances to permit the replacement of an existing projecting sign located along Cleveland Street with a new sign which better conforms to the national signage requirements for Travel Lodge motels. The third variance is being requested to permit a sign to be located on the southwest corner of the building in a location not primarily viewable from Park Street; this latter sign will not require any size or other variances for its installation. The City of Clearwater sign regulations do not permit projecting signs in the downtown districts. The applicant also wishes a sign which is 15 square feet larger than would be permitted given the amount of business frontage which is available. The applicant does not indicate anything which is unique about the property which would warrant deviation from City sign standards. The property appears to conform to all dimensional requirements of the Urban Center (Core) district. With regard to the third requested variance, the applicant desires to place the sign on the side of the building away from (or perpendicular to) Park Street. This particular variance request would result in a more visible sign for traffic heading east on Park Street. Given that the property does not even have direct access off Park Street, due to the one way nature of the parking lot travel aisle, there appears to be no rationale for locating the sign as proposed. Consequently, there appears to be nothing unique about this situation under which a variance could be approved. The applicant's representative stated the property has two street frontages. The business has existed for 26 years and the zoning has been changed. They wish to replace the existing sign but feel a sign placed on the wall parallel to the street would not be seen and pointed out there is no wall on the west side. They submitted several photographs of the property. The structure has a larger setback than others in the immediate area. Canopies that extend on Cleveland Street would hide their signage. They will remove 45% more signage than they are requesting. Discussion ensued as to whether the building identification sign could be placed on the stair tower. The applicant's representative stated there was no way to attach a sign to the decorative block and the sign would not be seen from the west. Commissioner Regulski moved to deny the variance to permit a projecting sign in lieu of a wall or canopy sign. The motion was duly seconded and upon the vote being taken; Commissioners Regulski, Fitzgerald and Mayor Garvey voted "Aye", Commissioners Nunamaker and Berfield voted "Nay", motion carried. Commissioner Regulski moved to deny the 15 squre foot variance. The motion was duly seconded and upon the vote being taken; Commissioners Regulski, Fitzgerald and Mayor Garvey voted "Aye", Commissioners Berfield and Nunamaker voted "Nay", motion carried. Commissioner Regulski moved to approve the placement of a business identification sign on Park Street frontage. The motion was duly seconded and carried unanimously. ITEM #14 - Variances to the Sign Regulations; located at 1971 Sunset Point Rd., Pinellas Groves, Section 1-29-15, part of lot 1 (Amoco Oil Company SV91-04)(PLD) To be Cont. to 4/18/91 The applicant has requested this request be continued to April 18, 1991. Commissioner Berfield moved to continue this item to the scheduled meeting of April 18, 1991. The motion was duly seconded and carried unanimously. ITEM #15 - Alcoholic Beverage Distance Separation Variance for property (Stingers) located at 20568 US19N, Section 18-29-16, M&Bs 41.01 & 41.03 (Angel Properties AB91-04)(PLD) The applicant is proposing to establish a new 4-COP alcoholic beverage sales establishment to be known as "Stingers" in the northeast corner of the existing "Jersey Jim Towers Shopping Center" building. A variance is required since the proposed facility is within 40.4 feet of an existing 4-COP establishment known as "Tattletales". The "Stingers" facility was originally proposed to be located in a free standing building to be constructed on the southeast corner of the shopping center. The applicant has revised the proposal and now intends to locate the facility inside the existing shopping center building. A 4,000 square foot balcony addition within the shopping center structure (no change in building footprint or exterior elevation is proposed) is part of the applicant's plans. No concurrency problems are anticipated, due to the "off-peak" nature of the use, as well as the fact that there is an existing development order (certified site plan) remaining current on this site which has a higher trip generation factor than the proposed use. In effect, the proposal will "trade" the traffic capacity reserved under the certified site plan use for the capacity needed for the proposed use. Since the certified site plan contained a new 10,600 square foot structure, and only 4,000 square feet of new development is proposed, the trade-off results in a net capacity "gain". The proposed location for the "Stingers" facility is a good one from the perspective of community impact--the facility is not located near schools, churches, parks or residential areas. No negative impacts are anticipated from the proposed facility due to its location near another similarly licensed alcoholic beverage sales establishment. At its meeting of February 19, 1991, the Planning and Zoning Board approved the conditional use subject to conditions. The board expressed a desire to not impose conditions that would prohibit an upgrading of the shopping center's tenants that could result in improvements to the overall shopping center site. However, the board, in a separate motion, strongly indicated its desire to see no other incremental development efforts for this site without the owner submitting at least a conceptual site plan indicating the full extent of potential future development, as well as providing for a substantial, phased remedial landscaping plan. The staff required landscaping proportional to the required parking for the proposed use and expressed their desire that at least this much landscaping be provided by the applicant as part of the new proposal although they would have no objections to seeing the landscaping relocated from the area of the freestanding structure to areas of the site which are more proximate to the proposed use. Discussion ensued that it was difficult to approve this request when the total plans for renovation of the Center were not known. It was stated that a recommended condition address these concerns. Tim Johnson, representing Stingers, stated it will be an upscale nightclub. The original proposed site on the out parcel was eliminated due to contamination from a gas station previously located there. They decided to do interior remodeling and add a 4800 square foot balcony in the building. The net developed square footage will remain the same as it would have been on the out parcel. He stated the applicant is agreeable to staff's recommendation. Discussion ensued regarding how to handle interior renovations in assuring code and concurrency requirements are met. Staff is to work on an amendment to the code to address rehabilitation/renovati n of shopping centers. Commissioner Regulski moved to approve a variance of 159.6 feet to allow alcoholic beverage sales within 40.4 feet from a similarly licensed establishment, subject to the following conditions: 1) within three months from the date of this public hearing, and before the issuance of any building permit for this project, an amendment to the existing certified site plan shall be submitted for DRC review and recertification; this amended site plan shall show the proposed relocated use; as part of this plan, the freestanding structure in the southeast corner of the site shall be deleted (or scaled down in a manner consistent with currently-approved levels of development for the shopping center site); if the freestanding structure is not completely deleted, no less landscaping than shown on the previously-approved site plan shall be provided, although this landscaping may be relocated subject to the approval of the Director of Planning and Development; 2) Conditional Use Permit #90-05, issued January 30, 1990, is hereby voided and replaced by Conditional Use Permit #91-15, issued February 19, 1991 and 3) the requisite building permit and alcoholic beverage license shall be obtained within six months from the date of this public hearing. The motion was duly seconded and carried unanimously. Public Hearing - Second Reading Ordinances ITEM #16 - Ordinance #5077-91 - Vacating westerly 8' of 25' drainage and utility easement lying along easterly line of Lot 1, Blk J, Brookhill Unit II (Bailey V90-16) The City Attorney presented Ordinance #5077-91 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5077-91 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 #17 - Ordinance #5078-91 - Vacating S 15' of right-of-way known as Driggers Rd./County Road #97E lying in Section 17-28-16 (Velventos, Inc. V90-15) The City Attorney presented Ordinance #5078-91 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5078-91 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 #5079-91 - Vacating a 15' alley lying in Blk 3 and a 20' alley lying E of and adjacent to Blk 3 of plot of Wallace Addn. to Clearwater together with the 34' right-of-way of Indiana Ave. lying W of and adjacent to Lot 12 of Marshall and Brandon's Sub. (City V91-01) The City Attorney presented Ordinance #5079-91 for second reading and read it by title only. Commissioner Nunamaker moved to pass and adopt Ordinance #5079-91 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 #19-39) - Approved as submitted less Item #21. Agreements - Approved less Item #21. ITEM #19 - Agreement with the Clearwater Slow Pitch Softball Association, Inc. (PR) ITEM #20 - Revised Exhibit A & B to the Natural Gas General Service Agreement with Florida Gas Transmission Company to increase the maximum daily contract quantity of gas supply for October from 48,350 to 58,430 therms per day in Phase I and from 49,300 to 74,960 in phase II (PW) ITEM #21 - see page 12 Bids & Contracts - Awarded. ITEM #22 - Contract for the purchase of a natural gas fired radiant non-vented heating system for the Fleet Maintenance shop area to the City's Utilities Gas Division for $18,043.00 (GS) ITEM #23 - Contract for the delivery of approx. 2,700 tons of Dot Coarse Sand to Rinker Materials, Orlando, FL, for an estimated cost of $21,600.00 (PR) ITEM #24 - Contract for the expansion of Ervin's All American Youth Club Building to Shamblin and Franks Construction for $64,815.00 (PW) ITEM #25 - Contract to purchase a crew cab truck for the stormwater utility section of Public Service to Karl Flammer Ford, Tarpon Springs, FL, for $15,186.00 (PW) ITEM #26 - Approve contract to purchase lots 8 and 9 of original Lot 2 of the R. H. Padgett Sub. from the heirs of Arthur Miller for $75,000.00 (PW) ITEM #27 - Contracts to purchase various polyethylene gas pipe and fittings to Phillips Engineering, Clearwater, FL, at an estimated cost of $290,442.45; M. T. Deason Co., Birmingham, AL, at an estimated cost of $15,180.95 and Perfection Corp., Madison, OH, at an estimated cost of $8,100.00 (PW) Citizens & Staff Requests - Approved. (Items #30 & 31 continued) ITEM #28 - Interruptible Transportation Gas Rate of 22.688 cent per therm and Firm Transportation Gas Rate of 41.808 cent per therm for customers on the Clearwater Gas System, effective 2/1/91 (PW) ITEM #29 - Re-appoint William Horton to the Board of Trustees, Clearwater Police Supplementary Pension Plan (PD) ITEM #30 - (Cont. from 1/24/91) Status of The Long Center (formerly the Center Foundation (CM) Cont. to 3/21/91 ITEM #31 - (Cont. from 2/7/91) First Reading Ordinance #5076-91 - Relating to the building code; amending Section 138.07 to revise schedule of permit fees and charges; amending Section 138.071 to revise definition of "combination permit"; amending Section 138.10 regarding filing fees for appeals; amending Secs. 112.1(A) and 2204.2 of Standard Building Code and Section 110(B) of Standard Mechanical Code regarding filing fees for appeals and fee for house moving permit (PLD) Cont. to 3/7/91 Change Orders - Approved. ITEM #32 - C.O.#5 to the contract for the Northeast Advanced Pollution Control Facility, increasing the amount by $37,715.00 for a new total of $19,005,277.00 (PW) Receipt & Referral - Received and Referred. ITEM #33 - Phase II-B LDCTA - Proposed Ordinance H - Canopy Regulations (PLD) ITEM #34 - Phase II-B LDCTA - Proposed Ordinance I - Mixed Use Formulas (PLD) ITEM #35 - Phase II-B LDCTA - Proposed Ordinance J - Board Quorums/Action on Continued Items/Alternates for the Development Code Adjustment Board (PLD) ITEM #36 - Phase II-B LDCTA - Proposed Ordinance K - Impact Assessments (PLD) ITEM #37 - Phase II-B LDCTA - Proposed Ordinance N - Landscaping Regulations (PLD) CITY ATTORNEY Agreements, Deeds & Easements - Accepted. ITEM #38 - Drainage easement - portion of Lots 1 thru 3 and 9 thru 13, Blk 6, Brookwood Terrace Revised (Tzekas) ITEM #39 - Sidewalk easement and subordination agreement - portion of Lots 19 and 20, G. L. Bidwell's Oakwood Addition, Nicholson's and Sloan's Sub.(SKS #5, Inc.) Commissioner Berfield moved to approve the Consent Agenda as submitted less Item #21 and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #21 - Lease with Suncoast Aviation, Inc., to be the Fixed Base Operator at the Clearwater Airpark (CM) The request is to approve a lease with Suncoast Aviation to be the fixed base operator at the Clearwater Airpark. Suncoast Aviation has served as the fixed base operator of the airpark for a number of years. This lease will continue the operation for an additional five years. The fixed base operator is responsible for the normal maintenance of all buildings and structures in their current or upgraded condition. The City plans to upgrade a number of the facilities including the maintenance hanger, operations building and shade hanger. The FBO agrees to provide fuel sales, aircraft rental, airplane maintenance and hanger and tie down space. He may also, at his discretion, provide a number of other aircraft related activities. Rental payments to the City will be $4,050.00 per month plus 3 cents a gallon on all fuel sales. All individuals who retain an airplane at the airpark will be required to sign a sub-lease agreement. A question was raised as to why no clause was included for financial reimbursement to the City for the sales of aircraft. The City Manager responded it would be a financial disincentive. Assistant City Manager, Michael Wright stated this had been discussed but he did not get the impression the leasee would be in favor of this. The Assistant City Manager stated once certain standards have been met at the airpark, the FBO will maintain it. He explained it is a break even operation. Discussion ensued on how the airpark could be brought into a profit making mode in order to place funds in an enterprise fund. One suggestion was to make changes that would attract more commercial business. Commissioner Fitzgerald moved to continue this item to the next regularly scheduled meeting of March 7, 1991. The motion was duly seconded and carried unanimously. X - OTHER ITEMS ON CITY MANAGER REPORT ITEM #40 - First Quarter 1990/91 Budget Review (AS) A. Ordinance #5081-91 - operating budget B. Ordinance #5082-91 - capital improvement budget This report is based on only three months activity (October, November and December, 1990) in this fiscal year, and although in some instances variances have been noted in revenues and expenditures, amendments are not proposed until additional data can be analyzed at mid year. The original budget included a 2% salary adjustment for most employees to be effective October 1, 1990. These adjustments have not yet been made pending the outcome of union negotiations and the question of retroactivity of any wage adjustment. The personal service codes have not been adjusted at this time, with the exception of the amendment to the Planning Department for the Commission approved sign program. The Commission approved the transfer of the full budgeted pension contribution of $3,936,720, exceeding the actuarial required contribution by $865,130. This excess contribution may be used in future years to offset increases in the annual contribution requirement. On December 20, 1990 the City Commission approved the establishment of a Stormwater Management Program consisting of new and enhanced stormwater related activities to be funded by a stormwater utility fee; the establishment of a stormwater utility enterprise fund created to account for the collection of the fee and the program expenditures; and, the billing of the fee through the new Utility billing system. The most significant adjustment in the General Fund is the correction of estimated revenues in the Parks and Recreation Department for the change in accounting treatment for programs conducted by contract professionals (decrease revenues $170,390). Other General Fund amendments include the Commission approved adjustment for the sign amortization program in the Planning and Development Department (an increase of $23,265). All other amendments are administrative in nature or are immaterial in amount. The amendments to the Capital Improvement program total a net decrease of $1,776,437, primarily reflecting the Commission approved changes in the current year funding of "Penny for Pinellas" infrastructure sales tax projects. All new Capital Improvement Projects (CIP), and CIP budget increases/decreases have been previously approved by the Commission. Commissioner Berfield moved to approve the First Quarter Amendments. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5081-91 for first reading and read it by title only. Commissioner Berfield moved to pass Ordinance #5081-91 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 #5082-91 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5082-91 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 #41 - (Cont. from 2/7/91) First Reading Ordinance #5080-91 - Relating to utilities; amending Section 50.05 regarding charges and fees for backflow prevention devices; amending Section 52.015 regarding definitions for detector check valves (PW) On March 1, 1990, the City Commission adopted Ordinance #4945-90 that established customer charges for required backflow prevention devices. When required, the devices are installed and maintained by the Water Division. Since the adoption of this ordinance, it has been enforced primarily to ensure installation of proper devices on new service connections. Now that experience has been gained in installing and maintaining backflow preventers, and similar detector check valves and double detector check valves, it is desirable to begin installing these devices on certain existing water service connections that are considered potential hazards to the public water distribution system. The existing service connections do not have the backflow prevention or detector check valve devices because they were not required at the time of original construction. To provide existing water customers some relief from the established charges, proposed Ordinance #5080-91 establishes separate reduced charges for these installations, when required, on existing service lines. The reduced rates include costs for material only - the city will provide the labor for installation at no charge to the existing customer. The Pinellas County Water System offers similar cost savings for this type of installation to existing customers. This proposed ordinance also modifies two existing rates for backflow prevention device installation to make them more compatible with actual costs and establishes definitions for "detector check valve" and "double detector check valve". It was pointed out that no additional personnel would be required to perform the installation of the backflow prevention devices, detector check valves and double detector check valves for existing customers. The Public Works Director complimented Mr. Hackett on doing additional work with less personnel. Commissioner Regulski moved to approve Item #41 with the stipulation that no additional personnel be required or that approval of this request not be used as the basis for justification for additional personnel. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5080-91 for first reading and read it by title only. Commissioner Berfield moved to pass Ordinance #5080-91 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 #42 - C.O.#1 to the Contract for the East Advanced Pollution Control Facility - South Interceptor Rehabilitation - Phase II, with no change in the contract amount of $1,387,726.05 (PW) The purpose of this Change Order No. 1 is to provide the contractor with a thirty calendar day time extension. During the earlier stages of the project, Westra Construction Corporation encountered delays from "both" the Seville Condominiums (Mr. William Albrecht) and Mr. Alan Stowell, a property owner just west of Thornton Road. The contractor had to provide the Seville Condominiums with written documentation regarding his work procedures, work limits, clean-up operation, excavation, back-fill and work hours in the existing easement crossing the condominium property. The contractor lost fifteen calendar days at the Seville Condominiums. Further, after a considerable time delay, the proposed 30" pipe liner crossing the property of Mr. Alan Stowell was canceled by the Public Works Department. Mr. Stowell would not permit any construction activities across his property. The contractor lost fifteen calendar days at the Stowell property, which accounts for the total requested time extension of thirty calendar days. Concern was expressed that citizens were not cooperating with the City. It was pointed out that rupture of or leakage from this line this could have a serious impact on the bay and the environment in general. Cecil Henderson, Assistant Public Works Director, stated this is a 36" wastewater transmission line and the interior of the pipe is known to have deteroiated. Should the pipe rupture, it would be several days before the flow could be stopped, allowing millions of gallons of raw sewage to leak into the bay and environment. This could cause a serious health hazard. The City Attorney stated the owner would be put on notice that he will be held responsible for any damage as a result of his preventing the City from ensuring the safety of this pipe. The City Manager stated staff will keep the Commission appraised on any further action in this matter. Commissioner Fitzgerald moved to approve C.O.#1 to the contract for the East Advanced Pollution Control Facility - South Interceptor Rehabilitation - Phase II. The motion was duly seconded and carried unanimously. ITEM #43 - Change name of Jack Russell Stadium to Jack Russell Memorial Stadium - Res. #91-4 The Chamber of Commerce has requested the name of the stadium be changed to include the word "memorial". Mr. Russell's family is in favor of this. Assistant City Manager, Michael Wright stated the sign change would be at the City's expense but they feel the cost will be less than $100.00. There will be a bronze plaque placed on the ticket booth. The City Attorney presented Resolution #91-4 and read it by title only. Commissioner Berfield moved to pass and adopt Resolution #91-4 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. XI - Other Pending Matters - none. CITY ATTORNEY REPORTS XII - First Reading Ordinances ITEM #44 - Ordinance #5083-91 - Vacating 15' north-south alley lying along the W 15' of the original boundary of Lots A and B, Bergens Replat (Salvation Army V90-14) The City Attorney presented Ordinance #5083-91 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance #5083-91 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. XIII - Resolutions ITEM #45 - Resolution #91-03 - authorizing City Manager to execute by hand or by facsimile signature any and all checks drawn by the City of Clearwater on City of Clearwater accounts The City Attorney presented Resolution #91-03 and read it by title only. Commissioner Regulski moved to pass and adopt Resolution #91-03 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. XIV - Other City Attorney Items - none. XV - City Manager Verbal Reports - none. XVI - Other Commission Action - none. XVII - Adjournment The meeting adjourned at 9:46 p.m.