Loading...
06/20/1991 CITY COMMISSION MEETING June 20, 1991 The City Commission of the City of Clearwater met in regular session at City Hall, Thursday, June 20, 1991 at 6:00 p.m., with the following members present: Rita Garvey Mayor/Commissioner Sue Berfield Vice-Mayor/Commissioner Lee Regulski Commissioner William Nunamaker Commissioner (Arrived 6:01 p.m.) Richard Fitzgerald Commissioner Also present: Kathy S. Rice Acting City Manager M.A. Galbraith, Jr. City Attorney Cecil Henderson Assistant 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 Pastor David Smith of the Faith United Church of Christ. 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. Three service pins were awarded to City employees. IV - Introductions and Awards. Employee of the Month for May 1991: Janis Przywara, Legal Department. Employee of the Month for June 1991: George Tucker, Parks and Recreation Department. Proclamations. Parks and Recreation Month 7/91. V - Presentations. Steve Fowler, Clearwater Beach Blue Ribbon Task Force member, presented awards to the winners of the Pier 60 Design Contest. Paul Muse and Robert Greg were presented with $1,000 for first place, Fischer and Associates received $300.00 for second place and Wilson Stair, Jr. received $200.00 for third place. The designs will be turned over to the consultants for incorporation into the overall design of the Pier 60 renovation. Cecil Henderson stated that construction should start in November. VI - Minutes of the Regular Meeting of June 6, 1991 and Special Meeting June 6, 1991. Commissioner Fitzgerald moved to approve the minutes of the regular meeting of June 6, 1991, and special meeting of June 6, 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. Ed Hooper, representing International Association Firefighters and the Lieutenants Group, stated there has been a change in management and as a result of the morale survey, steps are being taken to improve the situation. He thanked the Commission, the City Manager, Deputy City Manager and Assistant City Manager for their efforts to improve conditions. Dan Andrisco, of the Chamber of Commerce, stated FDOT has approved funding for beautification of the Courtney Campbell Causeway. He explained the steps taken to bring this funding about. He thanked the individuals who helped process the application and stated the landscaping should be in place by the end of the year. Lois Cormeir announced an anti-drug march to be held in South Clearwater on June 29. She thanked the Commission for their support. Yacub Bilal spoke regarding a St. Petersburg Time editorial concerning an anti-bias issue. He requested the City hold on to basic American values. VIII - PUBLIC HEARINGS ITEM #9 - Resolution #91-17 - authorizing the placement of liens on properties for unpaid utility bills (AS) The property owners on the lien proposal listing have delinquent accounts with the utility system for amounts over $100.00. The Utility Customer Support Division has notified these property owners of their indebtedness and that the City may file a lien on their property for the amount of the delinquent account. The City Clerk has notified them of this Public Hearing. The City Attorney presented Resolution #91-17 and read it by title only. Commissioner Regulski moved to pass and adopt Resolution #91-17 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 #10 - Alcoholic Beverage Distance Separation Variance for property (Marina restaurant) located at 25 Causeway Blvd., Marina Building, City Park Sub., Lots 10-13 (City/Metallo AB91-12)(PLD) The applicant is requesting an alcoholic beverage separation distance variance for a new 2-COP alcoholic beverage license designation which permits the sales of beer and wine for on premises consumption. The establishment is the existing "Marina Restaurant" located at 25 Causeway Boulevard, which has been in business under the current ownership since April 18, 1990. A variance from the separation distance requirements for a similarly-licensed alcoholic beverage establishment is required as Capt. Memos Pirate Cruise (2-COP) is located on adjoining property. The proposed establishment will have 1,200 square feet of interior floor area, with the existing 50 indoor seats and no outdoor seating. There are no additional parking requirements for a 2-COP use beyond that required for Clearwater Marina Station. The proposed hours of operation are 7:00 a.m. to 7:00 p.m. daily. Commissioner Fitzgerald moved to approve a variance of 200 feet to allow alcoholic beverage sales within 0 feet from a similarly licensed establishment. The motion was duly seconded and carried unanimously. ITEM #11 - Variance to the Sign Regulations for property (Jordan Hills Professional Center) located at 1550 S. Highland Ave., Jordan Hills Professional Center Condo (Smith, Gordon, Bauer, Mariani & Petrillo SV91-11)(PLD) This is a request for two variances to the sign regulations to permit replacement of an existing ground sign with a ground sign that is 8 feet, six inches in height. The proposed sign will be in a Limited Office (OL) zoning district in which pole and ground signs are restricted to a height of 6 feet. The proposed sign meets the allowable area requirements (24 square feet). It will not include as many businesses as the existing sign but space will be made available within the sign's advertising space to add another business if necessary to do so in the future. The applicant intends to locate the proposed sign within an existing traffic island at the entrance to the Jordan Hills Professional Center. This location will require the sign be placed on the south property line of the professional center. The staff is recommending approval of the setback variance as the five foot setback does little to improve sign visibility. There was concern expressed that it may not be wise to eliminate the side setback requirement entirely and it was suggested this be researched further. Commissioner Regulski moved to deny a variance of 2 feet six inches to permit ground sign height of 8 feet 6 inches and approve a variance of 5 feet to permit a sign to be located zero feet from a property line. The motion was duly seconded and carried unanimously. ITEM #12 - Variances to the Sign Regulations for property (Farmer Boy restaurant) located at 2129 Drew St., Section 13-29-15, M&B 11.06 (Tzekas SV91-10)(PLD) The applicant requested a continuance. Commissioner Regulski moved to continue this request until the next regularly scheduled meeting of July 18, 1991. The motion was duly seconded and carried unanimously. ITEM #13 - 17th Year Community Development Block Grant Final Statement and Objectives for FY 1991-1992 (PLD) The City of Clearwater will enter the 17th year of the Community Development Block grant (CDBG) program on October 1, 1991. The 17th year entitlement amount is $766,000, augmented by a $7,000 supplemental allocation to create a 17th year entitlement of $773.000. Program income and carry-over from previous years' unexpended revenues bring the total 17th year CDBG budget to $1,000,000. The application has been prepared for submittal to the U.S. Department of Housing and Urban Development. This application allocates funds for Public Facilities (3% of the total budget), Public Services (13%), Homeless Shelters (2%), Homeownership (31%), Housing Rehabilitation (31%), Demolition (3%), Economic Development (9%) and Administration (8%). The funding requests, and the overall CDBG budget, were the subject of three meetings of the Neighborhood Advisory Committee (N.A.C.) on May 12, May 21, and June 4. Their recommendations are included in the Final Statement. In reviewing the requests for funding, staff and the N.A.C. were guided by the federal requirement that no more than 15% of the year's budget (less carry-over) may be applied to public services. This amount of $127,950 is the absolute ceiling; it is prudent to set our budgeted level of expenditures well below the maximum. The N.A.C. has recommended public services expenditures of $126,282. The recommendations for funding are as follows: (* denotes Public Service Expenses subject to the 15% cap) Agency Purpose Recommendation Girls Inc./Operating* Operating $ 8,000 Girls Inc./Tutoring* Tutoring $14,000 Comm. Pride N Facility Range Hood & Sod $ 1,700 Comm. Pride N Services* Toys and Equipment $ 1,600 Comm. Pride S Services* Match, Toys and Equipment $ 6,582 Agency Purpose Recommendation HEP Rehab 2 unit rehab, transition $13,030 Tampa Bay C.D.C. Home rehab & sale $20,000 Boys Club, Condon* Services $14,000 Greenwood Panthers Concession Stand & Press Box $12,600 YWCA/Shelter Tutor* Counselor King's Kids $ 2,400 Quest inn Painting Painting $ 2,000 Latchkey/Creative Care for Kids* Equipment $ 3,500 Housing Authority/Levison Center Levison Parking Lot $ 7,200 Comm. Services Foundation/C.H.A.* Central Housing Asst. $32,000 P.S.S.* Operating $16,000 Ervin's Operating* Operation $15,200 Police Department/L.E.A.P.* Apprentice Program $13,000 N.H.S./Rehab Admin. Admin. of Program $20,000 N.H.S./Econ. Dev. Admin. Admin. of Program $15,000 N.H.S./Infill Housing Admin. of Program $20,000 C.H.A. Condon Recreation Center Air-conditioning replacement $ 7,500 Charlie Mann, Director of the Community Services Foundation, described their program for providing comprehensive housing services, including related services. He pointed out there are no administrative funds for the programs and if this funding is not available, some services will have to be cut. Carrie Pickens, a client of Partners in Self-Sufficiency, stated this program has provided hope and encouragement for her. Arthur Deegan, President of the Board of Partners in Self-Sufficiency, stated this organization has helped over 350 single parents since 1984 and he thanked the City for its assistance. Efrem Ortis, of Creative Care in Condon Gardens, stated the funding requested will provide an opportunity to purchase needed items for a multi-cultural program but there is also a need for multi-cultural books. Martha Skelton, of Community Pride Child Care, thanked the City for the funds it has received. She requested a change be made that would provide funding to her organization for match and/or equipment. Ervin Harris, All American Youth Club, thanked the Commission for past support. He is requesting funds to hire someone to research other grant monies available and to assist in counseling the youth. He stated Chief Klein, who is on their Board of Directors, has given them much support. Howard Groth, Clearwater Housing Authority, stated the influx of social services in Condon Gardens has improved the area. He encouraged continued support of the Girls' and Boys' Clubs. Tom Webster, Pinellas Habitat for Humanity, stated they are requesting funds to purchase three lots for this program. They have completed their first home in Clearwater and he explained how the program works. Linda Baker, Girls Clubs of Pinellas County, thanked the Commission for past support and asked for continued support of their tutorial program for twelve months instead of nine. Isay Gully, Clearwater Neighborhood Housing Services, thanked the City for their support and stated they need funding for the North Greenwood area. She requested the Commission look favorably on her request. Captain Eastridge of the Clearwater Police Department explained the Law Enforcement Apprentice Program (LEAP). He pointed out this program is primarily for college age individuals in the North Greenwood area to give them an overview of police work. The program will be administered by existing police employees. Discussion ensued regarding whether or not confiscated funds could be used to fund the LEAP program. Captain Eastridge stated confiscated funds could be used for this program but there are many other uses for those funds as well. Considerable discussion ensued as to whether the proposed funding to LEAP should be reduced to allow additional funding to organizations which took a cut in funding. It was emphasized the Commission supports the LEAP program but it has other funding sources that other organizations do not have. Commissioner Nunamaker moved that $4,000 of the funds recommended for the LEAP program be transferred to the funding recommended for the Community Services Foundation. The motion was duly seconded and carried unanimously. Commissioner Berfield moved to transfer $2,500 from the LEAP program to the funding recommended for the Girls Club, Inc. The motion was duly seconded and carried unanimously. Commissioner Berfield moved to provide Community Pride South with $6,582.00 for matching funds and/or equipment purchases. The motion was duly seconded and carried unanimously. Commissioner Berfield moved to approve the 17th year Community Development Block Grant Final Statement and Objectives for FY 1991-1992 as amended. The motion was duly seconded and carried unanimously. Public Hearing - Second Reading Ordinances ITEM #14 - Ordinance #5090-91 - Relating to the Land Development Code, amending Section 136.006, Code of Ordinances, regarding setbacks, establishing standards for canopies Commissioner Regulski moved to amend Ordinance 5090-91 on page 1, in Paragraph (1), delete the second sentence and substitute text to read as follows: Within the Beach Commercial, North Greenwood Commercial, and Urban Center districts only, such projections shall be permitted to encroach into required setbacks from street right-of-way without limit, and may encroach into and over street rights-of-way not to exceed ten (10) feet if a clearance over grade of at least nine (9) feet is provided; however, in each case the projection shall be no closer than five (5) feet from the curb line or the shoulder of the roadway. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5090-91 for second reading as amended and read it by title only. Commissioner Regulski moved to pass and adopt Ordinance #5090-91 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 #15 - Ordinance #5101-91 - Relating to the Land Development Code, amending Sections. 135.092, 135.098, 135.1004, 135.123, 135.129, 135.150, 136.022 and 136.025, Code of Ordinances, providing for noncommercial parking as a conditional use in the General Office, Neighborhood Commercial, North Greenwood Commercial, General Commercial, Highway Commercial and Limited Industrial districts Commissioner Regulski moved to amend Ordinance 5101-91 on page 5, Subsection (c)(19)i, to read as follows: i. If the parking is provided on property zoned for multiple-family residential or nonresidential uses, such parking shall be guaranteed to remain available through a long-term lease or other appropriate instrument running with the land for a term equalling or exceeding the projected life of the use which the parking is to serve. The motion was duly seconded and carried unanimously. A citizen questioned whether this would affect parking at Jack Russell Stadium. It was stated it would not apply to that situation. The City Attorney presented Ordinance #5101-91 for second reading as amended and read it by title only. Commissioner Regulski moved to pass and adopt Ordinance #5101-91 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 #16 - Ordinance #5102-91 - Relating to stormwater management utility system, amending Section 50.05, Code of Ordinances, as amended by Ordinance #5058-90, to correct scrivener's error in formula for determining number of equivalent residential units for nonresidential properties The City Attorney presented Ordinance #5102-91 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5102-91 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 #5103-91 - Vacating E 12' of lake-drainage and utility easement lying on Lot 14A, Clearview Lake Estates Sub., less and except the S 5' thereof (Cook V91-03) The City Attorney presented Ordinance #5103-91 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5103-91 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 #5104-91 - Amending Section 125.02, Code of Ordinances, as created by Ordinance #5098-91, revising definitions of "cruising" The City Attorney presented Ordinance #5104-91 for second reading and read it by title only. Commissioner Nunamaker moved to pass and adopt Ordinance #5104-91 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 #19-42) - Approved as submitted. Agreements - Accepted. ITEM #19 - Agreement extending lobbyist service with James C. Massie for $15,205 plus reasonable and necessary out-of-pocket expenses (CM) ITEM #20 - Extension of Gallagher Bassett Services, Inc. to provide claims service and safety consulting services for an additional three month period from 7/1/91 through 10/1/91 for an estimated cost of $22,282 (AS) ITEM #21 - Service Agreement for the sales and service of natural gas with Golf Host resorts, Inc., Tarpon Springs, FL (GAS) ITEM #22 - Joint Project Agreement with Morton Plant Hospital, Inc. for widening of Pinellas Street from Bay Ave. to Ft. Harrison Ave., with the City to pay an amount not to exceed $156,077. (PW) Bids & Contracts - Awarded. ITEM #23 - Contract to install a 2" gas main and 1" service line to Heuer Utility Contractors, Clearwater, FL, at an estimated cost of $62,855 (GAS) ITEM # 24 - Purchase of 1 Ford F-800 Cab and Chassis Truck with sewer cleaner body from Municipal Sales & Leasing, Lakeland, FL, for $64,697 (GS) ITEM # 25 - Purchase of 1 GMC Cab and Chassis Truck with 12' flatbed dump body for $26,733 and 1 GMC Cab and Chassis Truck with 4-cubic yard flatbed dump body for $26,583 from Palm Peterbilt - GMC Trucks, Inc., Ft. Lauderdale, FL, for a total cost of $53,316 (GS) ITEM #26 - Purchase of 1 Ford E-150 (4x2) Utility Cargo Van from Karl Flammer Ford, Tarpon Springs, FL, for $13,738.60 (GS) ITEM #27 - Contract for custodial services for the period 7/15/91 to 7/14/92, to Prime Service of America, Inc., Clearwater, FL, at an estimated annual cost of $190,200 (GS) ITEM #28 - Contract to provide a computer based State and Federal Law training program to The Police Law Institute, Technology Innovation Center, Oakdale, Iowa, for the period 7/1/91 to 6/30/92 for $24,000 (PD) ITEM #29 - Purchase of Lots 8, 9 and 11, less the S 50', Blk 2, Moase and Harrison's Sub. of original Lot 7 of R. H. Padgett's Sub., for the purchase price of $130,000 (Dixon)(PW) ITEM #30 - Purchase of the W 33' of Lot 9, Blk 1, W. F. Hughey's Sub., for the purchase price of $25,775 (Young)(PW) ITEM #31 - Purchase of Lots 8 & 9, Blk 1, Moase and Harrison's Sub. of Lot 7 of R. H. Padgett's Sub., for a total price of $50,900 (Cooper, Houston and Myers)(PW) ITEM #32 - Purchase of Lot 10, Blk 1, W. F. Hughey's Sub., for $35,145 (Truman Sims)(PW) ITEM #33 - Annual contract for the purchase of fire hydrants from Southeastern Municipal Supply, Sarasota, FL, for the period 6/21/91 to 6/20/92 at a total estimated cost of $42,742 (PW) ITEM #34 - Contract for Martin Luther King Multipurpose Room Addition to Par Builders II, Inc., Largo, FL, for $131,512 and approve the transfer of $28,028 from recreation facility impact fees to provide funds for this contract (PW) ITEM #35 - Authorize Kisinger Campo and Associates Corp. to proceed with design and construction management for Clearwater Pass Bridge Additional Repairs, consisting of engineering services not to exceed $130,000 and establishing a total budget of $1,076,000 for this repair project which includes engineering and estimated construction costs (PW) Citizens & Staff Requests - Approved. ITEM #36 - Authorize hiring a contract employee for a term of one year for $28,000 to implement new housing programs and coordinate new and existing programs (PLD) ITEM #37 - Rezoning and Master RPD 20.3 Site Plan for Post Harbour with transfer of development rights for William Brown Sub., Lots 10-12 and Bay Heights Sub., Part of Lots 4-8 (Stowell/Post Florida Z90-06)(PLD) Withdrawn by applicant ITEM #38 - Direct staff not to draft a LDCTA to permit indoor commercial recreation/entertainment as a permitted or conditional use in the Neighborhood Commercial district; and authorize drafting a LDCTA to provide for distinctions between types of uses which are currently classified under the indoor commercial recreation/entertainment use (PLD) Change Orders - Approved. ITEM #39 - C.O.#8 for the Northeast Advanced Pollution Control Facility Project increasing by $979,862, to a total of $20,047,715; and approve the transfer of $280,000 from Project 343-6201 to Project 343-6641 and increase the funding by $3,210,000 for the expected costs of the Class 1 Electrical Generation Facilities and the proposed Sludge Treatment Facilities, from undesignated retained earnings of the Water and Sewer Fund (PW) Receipt & Referral - Received and Referred. ITEM #40 - Land Use Plan Amendment to Industrial and Zoning Amendment to IL for a portion of Phase II and all of Phase III (48.421 acres) of the Park Place Development of Regional Impact (DRI) located between Drew St., Gulf-to-Bay Blvd., US19 and Hampton Rd., (Building Operation Holding Co., LUP91-04, Z91-01)(PLD) CITY ATTORNEY Agreements, Deeds & Easements - Accepted. ITEM #41 - Agreement for Lien (Sanitary Sewer) - Clearwater Manor Sub., Lot 99, 1744 W. Lagoon Cir. (Chamberlain) ITEM #42 - 10" drainage, utility and sidewalk easement - Section 7-29-16 (Vision Cable) Commissioner Fitzgerald moved to approve the Consent Agenda as submitted and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. X - OTHER ITEMS ON CITY MANAGER REPORT ITEM #43 - Resolution #91-13 - finding of conformance for the Housing Reconstruction and Conservation Area to allow Federal CDBG funds to be spent to alleviate identified conditions in certain geographic areas (PLD) The Infill Housing Development Program was approved by the Commission in January, 1991. It was designed with the dual purpose of helping individual families achieve homeownership and upgrading the North Greenwood Neighborhood. This program is a key component in upgrading conditions in the Housing Reconstruction and Conservation Area. The Infill Housing Development Program area is located generally North of Drew Street, East of Fort Harrison Avenue, South of Stevenson's Creek and West of Betty Lane. In a survey taken in 1990, it was found that sixty-seven percent of the housing has one or more housing code violations. There are over 300 vacant lots in the area. Seventy-five percent of the housing was built before 1959. Less than forty percent of the housing is owner-occupied, as opposed to sixty-seven percent owner-occupancy City-wide. Other neighborhood conditions have been noted which contribute to the eligibility of the area for assistance. In order to alleviate these conditions, it is proposed to use CDBG funds in an expanded neighborhood revitalization program. This program as currently proposed includes development of new housing for owner-occupants and expanding eligibility for home rehabilitation loans using guaranteed bank financing. Under the regulations which govern Federal Expenditures in designated areas, other neighborhood public improvements and commercial revitalization programs may be implemented. The resolution and report which is attached to it, document conditions in the Infill Housing Program Area. Two neighborhood meetings were held on May 29 and June 17 to explain the program to the neighborhood. Jim Polatty, Planning and Development Director, stated passage of this resolution will assure that Federal funds can be used for the Infill Housing Program. It will allow loans to be made to individuals who earn 80% to 120% of the median income. Without the resolution, loans would be limited to those who make 80% or less. The North Greenwood Association and NAACP urge support for this program. There is opposition from some of the residents of the Country Club neighborhood. Ten people have already qualified and are waiting for this Resolution to be adopted in order to get their loans. In response to questions regarding the inclusion of the Country Club area, he stated it is a part of the Neighborhood Housing Services target area. A survey of housing in the Country Club area indicated that 45% of the homes have housing code violations of varying degrees. Seven citizens spoke in support of passing the resolution as written as it will encourage improvement of the area. Eight citizens spoke in opposition to the inclusion of Country Club. Two citizens requested further study regarding the program citing concern that there needs to be an actual goal or plan and that the debt that the residents will incur needs to be addressed, possibly through credit counseling. Considerable discussion ensued regarding whether to include Country Club when it appears residents in that area do not feel they need this program. In response to a question it was indicated that the Country Club area does not have to be included in order to implement the program. It was pointed out that Community Services is providing training programs regarding budgets and home ownership for people participating in the program. There are goals and plans as part of the program. It was requested the possibility of providing employment to people in the area through this program be investigated. Commissioner Regulski moved to amend the resolution by eliminating the area east of Greenwood to Betty Lane and north of Drew Street to the railroad tracks. The motion was duly seconded. It was pointed out that people who make above 80% of the median income would not qualify for the Challenge Fund portion of this program. Upon the vote being taken, Commissioners Regulski, Nunamaker and Fitzgerald voted "Aye"; Commissioner Berfield and Mayor Garvey voted "Nay"; motion carried. The City Attorney presented Resolution #91-13 as amended and read it by title only. Commissioner Regulski moved to pass and adopt Resolution #91-13 as amended 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. The meeting recessed from 9:01 p.m. to 9:13 p.m. ITEM #44 - Preliminary Site Plan for Celebration Station, an outdoor commercial recreation/entertainment facility, located at 24536 - 24576 US19N, Blackburn Sub., parts of Lots 8 & 9 (Baker PSP91-05)(PLD) The site is an expansion of the existing Mountasia Fantasy Golf site to the north and west. The expansion includes a go-cart track, batting cage, and an arcade/restaurant with associated parking. This site is the subject of a petition for an annexation and land use amendment heard by the City Commission as a receipt and referral item on June 6. 1991. Portions of the proposed bumper boat pool and the go-cart track are located within the 175-foot building setback from the centerline of U.S. 19. The applicant should clarify the type of the structures to be placed within this setback to ensure compliance with this regulation. The proposed building construction exceeds 50 percent of the existing square footage, therefore, the owner will be required to pay an open space assessment fee. The entrance to the new development is proposed from U.S. 19 at the "approximate centerline median cut". Based upon an aerial photograph of the area, the Traffic Engineer's review indicates the access is not aligned with the existing median cut on U.S. 19. The existing access to the miniature golf course and the miniature golf course site are not shown on the site plan. As a result, the Traffic Engineer questions the status of the existing access to the miniature golf course. If the existing access is being closed, then the driveway apron shall be removed and replaced with a curb and sod parallel with U.S. 19. The applicant should provide more information to the Traffic Engineer to resolve these questions. Another entrance is a proposed 24-foot drive on the west side of the property from Lawson Road which is an existing dirt street. Public Works/Engineering requires the developer to provide a 24-foot-wide paved street with curb and gutter along the adjacent property line of the development. The site shows 205 additional parking spaces to accommodate the new development. The existing parking lot must be shown and is required to be brought into compliance with the current landscape requirements of the Land Development Code. A conditional use will be required in order to operate an outdoor commercial recreation/entertainment facility for the expansion of the bumper boat pool, the go-cart track, and the batting cage. A review of concurrency standards reveals the current level of service of U.S. 19 at or below level F. Concurrency regulations allows for the further degrading of this facility by up to 10 percent of the existing volume. A traffic impact study will be required to provide the necessary information that proves that this proposal is within these parameters. Concern was expressed regarding the high noise level from the proposed activities and its impact on the nearby residential area. Jim Polatty, Planning and Development Director, stated the noise issue will be addressed by the Planning and Zoning Board during the public hearing for the conditional use. Commissioner Fitzgerald moved to authorize review of a final site plan by the Development Review Committee (D.R.C.) subject to the following conditions: 1) A traffic impact study shall be submitted to the Traffic Engineer prior to DRC review; 2) A conditional use for the outdoor commercial recreation/entertainment facility shall be obtained prior to the certification of the final site plan; 3) Signs and fencing/walls are subject to separate review and permitting processes; 4) A Unity of Title with the Mountasia Site shall be recorded prior to certification of the final site plan and 5) The location of the driveway relative to the median cut shall be coordinated with Traffic Engineering prior to DRC review of the site plan with the final site plan being referred to the City Commission for final action. The motion was duly seconded and carried unanimously. ITEM #45 - 1990/91 Mid-year Budget Review (AS) a. Ordinance #5099-91 - Operating b. Ordinance #5100-91 - Capital Improvement All departments and divisions were requested by the City Manager to find a 1% savings in their budgets at mid-year due to anticipated decreases in projected revenues. With the exception of a few smaller divisions at 100% staffing levels, almost all general fund divisions were able to meet this goal resulting in a net 1% decrease in the general fund budget at mid-year and an approximate 1.3% decrease over the original 1990-91 budget. Significant adjustments in the utility system include decreases in water and sewer operating revenues, totaling $717,830.00; increases and other operating expenditures for water distribution reflecting the pass through of the Pinellas County rate increase and an additional allocation of prior year retained earnings from the water and sewer fund of $1,548,609.00 to fund expenditure increases and revenue decreases. The amendments to the capital improvement budget totaled a net increase of $5,794,299.00 primarily reflecting the Commission approved transfer of undesignated retained earnings of the special development fund to a project for land acquisition and the internal loan from the central insurance fund for the construction of Countryside Boulevard. Commissioner Regulski moved to approve the mid-year budget amendments. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5099-91 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5099-91 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 #5100-91 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance #5100-91 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 #46 - First Reading Ordinance #5106-91 amending the Interlocal Agreement and authorizing the City of Hialeah to issue revenue bonds for the purpose of purchasing two nursing homes, including Drew Village Nursing Center in Clearwater (AS) In 1990, the now defunct Health Facilities Authority and the City of Clearwater both approved agreements to allow the City of Hialeah to issue tax-free revenue bonds to allow National Healthplex, Inc. to purchase three Florida Nursing homes, including the Drew Village Nursing Center in Clearwater. National Healthplex later decided to downsize the issue from $12 million to a maximum of $8 million to finance the purchase of two nursing homes, one in Hialeah and Drew Village. Recently, due to market conditions, it has been determined necessary to issue $10 million, but not more than $11 million, to finance these purchases. Robert Olive, the City's bond counsel, has reviewed and approved the legal documents. Allowing the City of Hialeah to issue the tax free bonds will have no impact on the City of Clearwater's ability to issue future bonds or on its credit rating if the bonds go into default. The City also has no liability for payment of the bonds. A required Tax Equity and Fiscal Responsibility Act (TEFRA) public hearing will be held on July 18, 1991. All costs for the issuance of the bonds will be paid by National Healthplex, Inc. Mr. Richard Blinderman, representing National Healthplex, Inc., stated the City of Hialeah has already fulfilled their requirement for a TEFRA hearing. In response to a question, he stated that the money saved by the facility being not for profit can be placed back into the facility itself and will assist them in holding prices down. The new bond will allow the original bond issued by the City of Clearwater to be closed out and the ordinance and interlocal agreement will allow the City of Hialeah to issue bonds for the purchase of a facility out of their area. Discussion ensued with regard to the removal of the property from the tax rolls. There was concern that the savings realized by National Healthplex will not be passed on to the tenants. Concern was expressed as to whether the City would be responsible for payment if National Healthplex defaulted. It was stated approval of this will not result in any liability for the City. In response to a question the City Attorney stated he had concern regarding the possible consequences if the item is not approved as related requests have been approved twice in the past. In response to a question, he stated the City's financial responsibility would be further removed by the new bond issue as it would close out the bond issued by the City. Mr. Blinderman stated the purchasers may be willing to make payments in lieu of the taxes to compensate the City for lost revenue. It was requested this be explored. Commissioner Fitzgerald moved to approve the revised interlocal agreement. The motion was duly seconded and upon the vote being taken: Commissioners Nunamaker, Fitzgerald, Berfield and Mayor Garvey voted "Aye"; Commissioner Regulski voted "Nay", motion carried. The City Attorney presented Ordinance #5106-91 for first reading and read it by title only. Commissioner Berfield moved to pass Ordinance #5106-91 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": Regulski. Motion carried. ITEM #47 - Planning and Zoning Board - 1 appointment (CLK) Commissioner Regulski moved to appoint Dr. Kemper Merriam. The motion was duly seconded and carried unanimously. ITEM #48 - Municipal Code Enforcement Board - 1 appointment (CLK) Commissioner Regulski moved to appoint Edwin Lewis Choate. The motion was duly seconded and carried unanimously. XI - Other Pending Matters - None. CITY ATTORNEY REPORTS XII - Resolutions ITEM #49 - Resolution #91-24 - Dedicating utility easements in Section 10-29-15 The City Attorney presented Resolution #91-24 and read it by title only. Commissioner Fitzgerald moved to pass and adopt Resolution #91-24 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 #50 - Resolution #91-25 - Assessing property owners the costs of mowing or clearing owners' lots The City Attorney presented Resolution #91-25 and read it by title only. Commissioner Nunamaker moved to pass and adopt Resolution #91-25 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 - Resolution #91-27 - Supporting the appointment of recognized tourism leaders from the Tampa Bay area to the Florida Tourism Committee to equitably represent all geographical areas of Florida on the Committee. The City Attorney presented Resolution #91-27 and read it by title only. Commissioner Fitzgerald moved to pass and adopt Resolution #91-27 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. XIII - Other City Attorney Items - None. XIV - City Manager Verbal Reports - None. XV - Other Commission Action Mayor Garvey congratulated the Clearwater Phillies for winning the first half of the Western Division Championship in the Florida State League. She congratulated Nagano, Japan, our sister city, for winning the 1998 Winter Olympics. She requested direction from the Commission regarding a response to SWFWMD's proposal to lift water restrictions but not for Clearwater and three other cities. Staff was directed to send a letter to SWFWMD requesting all municipalities be treated the same. Commissioner Berfield requested a status report regarding the Beach Blue Ribbon Task Force recommendations. It was indicated this would be discussed at the next meeting. She requested an investigation into the possibility that the City may be able to regulate cable TV rates. Commissioner Fitzgerald reported on an article in the Tampa Tribune Business Digest regarding Columbia Gas System, Inc. possibly being forced into bankruptcy because of long term contracts regarding the purchase of natural gas. He stated this illustrates the types of problems the City needs to be aware of in planning for the gas division. XVI - Adjournment The meeting adjourned at 9:51 p.m.