Loading...
02/06/1992 CITY COMMISSION MEETING February 6, 1992 The City Commission of the City of Clearwater met in regular session at City Hall, Thursday, February 6, 1992 at 6:02 p.m., with the following members present: Rita Garvey Mayor/Commissioner Sue Berfield Vice-Mayor/Commissioner Lee Regulski Commissioner William Nunamaker Commissioner Richard Fitzgerald Commissioner Also present: Michael J. Wright 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 Pastor Darwin Dovemuehle of St. Paul's Luthern Church. In order to provide continuity for research, the items will be listed in agenda order although not necessarily discussed in that order. ITEM #3 - Service Pin Awards. Three service pins were awarded to City employees. ITEM #4 - Introductions and Awards. A Citation of Appreciation was presented to Reverend Walter Campbell for his service on the Community Relations Board. ITEM #5 - Presentations Ed Mazur, representing the National Forget-Me-Not Association, reported on the progress in having the POW/MIA issue addressed. He presented a POW/MIA flag and requested it be flown in Coachman Park. Jane Davis and Walter O'Reily spoke in support of continuing efforts. Resolution #92-19 - urging United States Congress to pass House Resolution 4066 to request from certain countries information concerning American servicemen missing in Southeast Asia during the Vietnam conflict and to require the heads of Federal Departments and Agencies to disclose to congress information concerning such servicemen and civilians The City Attorney presented Resolution #92-19 and read it by title only. Commissioner Fitzgerald moved to pass and adopt Resolution #92-19 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 #6 - Minutes of the Regular Meeting of January 16, 1992 Commissioner Berfield moved to approve the minutes of the regular meeting of January 16, 1992, as recorded and submitted in written summation by the City Clerk to each Commissioner. The motion was duly seconded and carried unanimously. ITEM #7 - Citizens to be heard re items not on the Agenda - None. PUBLIC HEARINGS ITEM #8 - Public Hearing & First Reading Ordinances #5164-92, #5165-92 & 5166-92 - Annexation, Land Use Plan Amendment to Medium Density Residential and RM-12 Zoning for property located at 205 Elizabeth Ave., Sec. 17-29-16, M&B 13.18, 0.24 acres m.o.l. (Janey A91-13, Z91-14)(PLD) An Agreement to Annex for the subject property was executed April 16, 1978 by Earl G. and Georgie Lee Blanton, the former owners of this parcel. The Agreement was recorded on April 18, 1978, and should have shown up on any title search when the property was sold to its present owner, Rush Janey. A letter was sent to Mr. Janey by Certified Mail, Return Receipt Requested, on November 30, 1990, informing him of the city's intent to annex this parcel. Mr. Janey was requested to execute the city's standard Petition for Annexation in order to facilitate the annexation of his property. He has chosen not to submit these forms, and the Planning and Development Department is therefore submitting the Agreement to Annex in lieu of such petition in accordance with the Agreement. Mr. Janey was notified in the city's letter dated November 26, 1990, that his property would be zoned RM-12 upon annexation. The city presently provides sanitary sewerage and potable water services to the property. The Planning and Zoning Board conducted a public hearing on this annexation at its January 14, 1992 meeting. Nobody appeared in support or opposition of the proposed annexation. The board unanimously approved the proposed annexation. Based upon staff review and analysis, the requests are in conformance with the City's Land Development Code. Commissioner Regulski moved to approve the annexation, land use plan amendment to medium density residential and RM-12 zoning for the subject property. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5164-92 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5164-92 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 #5165-92 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5165-92 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 #5166-92 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5166-92 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 #9 - (Cont. from 1/16/92) Alcoholic Beverage Distance Separation Variance for property located at 850 Bayway Blvd., Bayside Sub. No. 6, Unit A, Blk D, Lot 12 and Unit C, Blk D, Lots 13-15 (Resolution Trust Corp./Hollywood Federal Bank AB91-23)(PLD) This item has been continued several times at the request of the applicant. Due to the number of continuances, City code requires some Commission action at this meeting or the application is automatically voided. This request is required because the proposed alcoholic beverage sales use is in a CR-28 zoning district, which is considered to be a residential district for the purposes of alcoholic beverage sales. There is no proposed use for the restaurant. This is a speculative request. The subject property is located at 850 Bayway Boulevard and fronts on Clearwater Harbor. City zoning requires a 51% food and non-alcoholic beverage sales with a 4-COP-SRX license designation in the CR-28 zoning district. On October 5, 1991, the Planning and Zoning Board approved the conditional use permit associated with this request subject to the ten conditions. The subject property is located in the vicinity of several condominiums to the south and east. These condominiums are located in the RM-28 zoning district. While numerous residents turned out to oppose the conditional use application, the Planning and Zoning Board and City staff feel that the aforementioned conditions will keep a "Dock of the Bay" situation from occurring at this property; in particular, the 11:00 p.m. closing time will limit the operation of the establishment to that of a restaurant. The Planning and Zoning Board members noted that most of the objections concerning the use involved parking and the closing time, however, parking is not an issue that the Planning and Zoning Board considers and the board felt comfortable that the closing time issue had been resolved through the conditions. The Development Code Adjustment Board (DCAB) denied the parking variance associated with this request, but approved other variances regarding stair towers and motel room size. Denial of the parking variance will doubtless cause some modification to the applicant's overall plans for the property, but staff is not currently aware of any precise plans beyond the restaurant use associated with this request. Staff recommended approval of the conditional use and variance requests to the Planning and Zoning Board and DCAB because of the deteriorating nature of the structure and the control over any operation provided by the conditional use approval conditions. However, upon further reflection, staff feels uncomfortable recommending approval of a speculative request. Consequently, staff's recommendation is to deny this item unless the applicant can have the proposed operator of the establishment appear before the Commission to discuss operational details. Gary Welch, representing the applicant, stated that it is correct they do not have an operator of the restaurant facility. However, he stated they are back on course with a potential purchaser of the property. He feels there are enough restrictions on the conditional use that the operator will not be able to be detrimental to the neighborhood. Audrey Thomas, representing a number of the residences close to the proposed facility, submitted copies of a petition to the Planning and Zoning Board which contained 200 signatures in opposition to the conditional use. She requested unconditional denial of the application. She provided a history of the property stating the original liquor licenses were issued prior to the condominiums being constructed. She reiterated concerns of the neighbors, particularly in regard to safety and not being disturbed in their homes. Two citizens spoke in opposition to the request stating when the facility is in operation, it is a nuisance to the residents. It was reiterated that staff's recommendation to deny was based on the fact that there is no proposed operator of the facility. Commissioner Nunamaker moved to deny a variance of 250 feet to allow alcoholic beverage sales within 0 feet from a residential zoning district. The motion was duly seconded and carried unanimously. ITEM #10 - Alcoholic Beverage Separation Distance Variance for property (Chuck E Cheese Restaurant) located at 25801 US19N at Cypress Point Shopping Center, Lot 1 (Oxford/Concord Investments #1, AB92-03)(PLD) This is an application for a variance of 197 feet from the 300 feet minimum distance separation from a residential zone to allow the new Chuck E. Cheese Restaurant to sell beer and wine for consumption on premise at the Cypress Point Shopping Center. On November 14, 1991, the restaurant received approval for a minor site plan amendment to expand the building to the rear (east) of the shopping center making the minimum distance from a RS-2 residential zone 103 feet. At its January 14, 1992 meeting, the Planning and Zoning Board granted the conditional use subject to: 1) Prior to the issuance of any building permits, a revised site plan shall be submitted to staff addressing the conditions of approval from the November 14, 1991 DRC meeting; and 2) An alcoholic beverage distance variance shall be obtained from the City Commission. A revised site plan has not yet been submitted addressing these conditions. All parking, ingress and egress is existing and is in compliance with the Land Development Code. No additional light, noise, and traffic will be generated that will negatively impact the residential area to the east. The Chuck E. Cheese Restaurants are family oriented and the granting of this variance will not adversely affect the residents in the area. Frank Stanonis, representing the applicant, stated the reason for the variance is a door at the back of the facility which is only for employee access. He stated they have been looking for a location in Clearwater for a year and a half and this is a large use comprising one quarter to one third of an acre. He stated alcoholic beverages will be 6% or less of their overall sales. Commissioner Fitzgerald moved to approve a variance of 197 feet to allow alcoholic beverage sales within 103 feet from a residential zone. The motion was duly seconded and carried unanimously. ITEM #11 - Alcoholic Beverage Separation Distance Variances for property located at 150 Island Way, Island Village Shopping Center, Sec. 8-29-15, M&B 13.01 (Rite Aid AB92-04)(PLD) The applicant is requesting approval of two minimum distance separation variances for a new 2-APS alcoholic beverage license designation which permits package sales of beer and wine. The establishment is an existing retail pharmacy store known as "Rite Aid Discount Pharmacy #2671" located at 150 Island Way in the Island Village Shopping Center, which has been in business under the current ownership since November 8, 1991. The applicant wants to introduce a wide variety of retail goods including beer and wine to the store to promote the company's retail policy. Two separation variances are required due the subject property being less than 300 feet of the church of St. Brendan and less than 200 feet of another similarly licensed alcoholic beverage establishment, Publix. The applicant's request for a conditional use permit was approved by the Planning and Zoning Board at its January 14, 1992 meeting subject to: 1) The requisite occupational license be obtained within six months from the date of the public hearing; 2) The applicant shall obtain approval from the Commission for the following variances: a) 245'7" to permit alcoholic beverage sales 54'3" from a church zone and b) 200' to permit alcoholic beverage sales zero feet from another 2-APS package sales establishment. Enola Brown, attorney representing the applicant, stated the facility is in a shopping center and is an existing location. She stated the alcoholic beverage sales will be an incidental use to other products, only comprising 4 to 5% of their total sales. She stated Rite Aid feels it is important to provide the same products at all stores. She wished to make the Commission aware that the people who are opposed to the granting of the variance and the conditional use have been spearheaded by the owner of the liquor store in the shopping center. Rosemary Zaleski, Island Estates Liquors owner, stated the liquor store is her livelihood and if the variance is granted, there would be wall to wall alcoholic beverage sales which would dilute the sales between the Publix and the liquor store. One citizen spoke in opposition to the variance stating there were plenty of places on Island Estates at which beer and wine are available. Discussion ensued regarding whether or not there was a basis to deny this variance due to the number of alcoholic beverage establishments in the area. A question was raised regarding whether or not a comment had been received from St. Brendan's Church and Ms. Brown indicated she has been in contact with them and they have no problem with the request. Commissioner Regulski moved to approve a variance of 200 feet to allow alcoholic beverage sales within 0 feet from a similarly licensed establishment and a variance of 245.7 feet to allow alcoholic beverage sales within 54.3 feet from a church zone. The motion was duly seconded. Further discussion ensued regarding opposition to the request due to the number of alcoholic beverage facilities in the area. It was stated the economics of the number of facilities was not part of the consideration by the Commission. Concerns were expressed that there are enough alcoholic beverage establishments in the area. Upon the vote being taken; Commissioners Regulski, Fitzgerald and Mayor Garvey voted "Aye", Commissioners Berfield and Nunamaker voted "Nay". Motion carried. (See pages 24 and 25 for action to reconsider and schedule a new public hearing.) Public Hearing - Second Reading Ordinances ITEM #12 - Ordinance #5157-92 - code amendment adopting the 1991 Standard Housing Code; applying the provisions of Sec. 308 to hotels, motels, dormitories and lodging houses The City Attorney presented Ordinance #5157-92 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5157-92 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 #13 - Ordinance #5163-92 - Vacating the westerly 1.5' of the easterly 10' utility easement lying along the east side of Lot 90, Willow Ridge Replat less the southerly 10' and northerly 5'(Iams V91-14) The City Attorney presented Ordinance #5163-92 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5163-92 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 #14 - Ordinance #5167-92 - Amending Sec. 76.21 to increase the application fee for solicitors' permits The City Attorney presented Ordinance #5167-92 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5167-92 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 #5168-92 - Amending Sec. 61.41 to set an application fee for taxicab operators' permits John Haggitt, attorney for CAM-JO/Clearwater Yellow Cab, stated they felt the proposed fee is in line with the cost to process the operator permit applications. He requested Item #28 be pulled from the Consent Agenda. The City Attorney presented Ordinance #5168-92 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5168-92 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 CONSENT AGENDA (Items #16-31) - Approved as submitted less Item #28. Agreements - Approved. ITEM #16 - Agreements with The Golden Cougar Band Boosters, Inc. and The Clearwater High School Band Boosters, Inc. for the parking of automobiles at this year's spring training season of the Philadelphia Phillies (PR) ITEM #17 - Agreement with Clearwater Festivals Inc. regarding the Fun n' Sun Festival and the Fourth of July Celebration to be held in calendar year 1992, $39,340 (PR) ITEM #18 - Agreement with The Pepsi Cola Bottling Co., Tampa, FL, to provide six baseball/softball scoreboards for placement at the Eddie C. Moore Complex and Ross Norton Park for a period of eight years (PR) ITEM #19 - Long Term Agreement for Palmetto Street Sediment Trap with FDER (PW) Bids & Contracts - Awarded. ITEM #20 - Purchase of claim services (Run-Off Claims) from Gallagher Bassett Services, Inc., for the period 10/1/91-9/30/92, at an est. cost of $36,649 (AS) ITEM #21 - Contract for construction of a new gas main to replace existing subaqueous crossing on the western bridge on Dunedin Causeway to Boyce, Co., Clearwater, FL, at an est. cost of $14,825 (GAS) ITEM #22 - Contract for roof replacement at the Shuffleboard Club located at 1020 Calumet St. to Allstate Roofing, Pinellas Park, FL, for $26,900 (GS) ITEM #23 - 1991 Gunite Restoration Contract - Phase 2 to General Gunite & Construction Company, Inc., Florence, AL, for $117,347.03 (PW) ITEM #24 - Contract for Magnolia Drive - Druid Road West to Clearwater Harbor Drainage Improvements to MTM Contractors, Inc., St. Petersburg, FL, for $62,094.70 (PW) ITEM #25 - Approval of Marketing Campaign, developed by Pearson, Thomas/LKW, and Marketing Budget for the Recycling Pilot Program with an est. cost of $25,589 (PW) Citizens & Staff Requests - Approved. ITEM #26 - Revised Infrastructure Sales Tax (Penny for Pinellas)(AS), Drew Street Widening, Missouri Avenue Widening and Intersection Improvements change in funding year only; Maas Brothers purchase added as new project ITEM #27 - Disbursement of $35,391 to PSTA for the City's share of the purchase of two new beach trolleys (PW) ITEM #28 - See Page 9 ITEM #29 - Settlement of Claim - Meeter v. City, settle all claims for $80,000 Change Order- Approved. ITEM #30 - C.O.#1 for the Clearwater Executive Airpark Shade Hangar Refurbishment Contract to P.J. Callaghan Co., Inc., increasing the amount by $12,000 for a new total of $153,900 (PW) Receipt & Referral - Received and Referred. ITEM #31 - Annexation, Land Use Plan Amendment to Low Density Residential and RS-8 Zoning for property located at 1919 Ashland Dr., Citrus Heights Manor, First Addition, Lot 50 (Hilpl, A91-12, LUP91-13)(PLD) Commissioner Berfield moved to approve the Consent Agenda as submitted less Item #28 and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #28 - Issuance of a registration for an occupational license for "Suncoast Yellow Cab, Inc." (CLK) Suncoast Yellow Cab, Incorporated is contracting to supplement the service of an airport limousine company which services Clearwater. Pursuant to City code Section 71.01(c), registration of a current occupational license from another jurisdiction must be obtained. Suncoast Yellow Cab is currently licensed by Pinellas County. The vehicles which will be used for the airport limo service are also being used to supplement the Dart Van service at the Pinellas Suncoast Transit Authority with insurance as required by code. Section 61.07 of the code requires each taxicab company to use a distinctive color scheme for all its cabs. The required proof of insurance has been provided. Jim Polatty, Planning and Development Director, stated the issue which needs to be addressed is the distinctive color scheme. Ed Armstrong, representing Suncoast Yellow Cab, stated if the only issue is color, they feel their yellow cabs with white tops do present a distinctive color scheme. John Haggitt, attorney representing Clearwater Yellow Cab, stated they have no objection to approval as long as Suncoast Yellow Cab complies with all provisions of the ordinance. He stated they do not feel the color as proposed is distinctive as Clearwater Yellow Cab has cabs with white tops. He is also concerned regarding Suncoast Yellow Cab meeting the insurance requirement as they have only insured five vehicles to the limit provided in Clearwater's ordinance. Mr. Armstrong indicated the applicant has worked with staff to make sure they comply with code. He stated all cabs which operate in Clearwater now or in the future, will meet the insurance requirements. He reiterated the proposed color scheme is distinctive. Discussion ensued regarding how cabs are identified in general and a concern was expressed that individuals should be able to tell that a vehicle is a cab, not necessarily distinguish among the cab companies. It was indicated each cab has to have the license visible in the car. In response to a question, it was indicated insurance requirements vary from jurisdiction to jurisdiction. Discussion returned to how to clearly identify taxicabs. Mr. Armstrong indicated they are within their rights for the license as they believe they meet the distinctive color scheme. If the Commission does not feel it is distinctive, he requested they tell him what they desire. Mr. Haggitt reiterated Clearwater Yellow Cab has cars that are yellow with white tops. The Planning and Development Director indicated pictures had been provided to him of all the color schemes that Clearwater Yellow Cab uses and none show vehicles with white tops. A question was raised regarding what the State requires for financial responsibility and Mr. Plecis, owner of Suncoast Yellow Cab, stated they have the State Financial Responsibility Certificate and have in addition, deposited a $100,000 C.D. with the Division of Motor Vehicles. Commissioner Regulski moved to approve the issuance of a registration of license for Suncoast Yellow Cab. The motion was duly seconded. Upon the vote being taken; Commissioners Regulski, Fitzgerald, Nunamaker and Mayor Garvey voted "Aye", Commissioner Berfield voted "Nay". Motion carried. The meeting recessed from 7:50 p.m. to 8:04 p.m. OTHER ITEMS ON CITY MANAGER REPORT ITEM #32 - First Reading Ordinance #5178-92 - amending existing lease agreement with the Chi Chi Rodriguez Youth Foundation to provide for City guarantee of the first $1 million of their outstanding debt (AS) The 1985 lease agreement with Chi Chi Rodriguez Youth Foundation provides the City with the right of first refusal to assume up to $2,000,000 in outstanding debt which the foundation has obtained to construct the golf course located on McMullen-Booth Road. With the balloon payment on the loan coming due in March, the foundation contacted the City and requested the City's guarantee be strengthened to include a firm guarantee in lieu of a right of first refusal, as well as an increase in the maximum guarantee to $2.5 million. The City's guarantee will apparently allow the foundation to refinance at more favorable interest rates, and the additional $500,000 to be borrowed will be used to purchase additional machinery, carts, and to complete construction of golf course facilities. Upon investigating this request, staff in conjunction with City bond counsel determined the requested guarantee modifies the arrangement enough to produce new City debt (actually contingent debt) which requires compliance with state law and City Charter provisions. Further, such a guarantee cannot be made from ad valorem tax revenues, and cannot exceed $1.0 million unless it is first approved by the voters at referendum. With these restrictions in mind, City bond counsel has drafted a lease amendment and ordinance, which provides for a $1.0 million guarantee and a right of first refusal on the remaining debt (not to exceed an additional $1.5 million). An ordinance is required for all City debt under Section 41.11(a) of the code. The golf course is currently operational and reporting operating profits. In the event of foundation default on their debt, it is likely the City would exercise its existing right of first refusal and assume operation of the course itself. The language modification to guarantee the first million may therefore only formalize a commitment which already exists. Staff has reviewed the foundation's request and the lease amendment as drafted by the bond counsel. The foundation has agreed to reimburse the City for bond counsel fees and to pay off the remaining balance of $27,264 on a 1989 City loan used for transportation impact fees, out of the refinancing proceeds. Staff endorses the request of the foundation and recommends approval of the lease amendment as proposed. Bill Hayes, representing the Foundation, provided a history of the project stating the land was vacant when the City first approved its option for first refusal. He stated the golf course is now in place with 57,000 rounds of golf being played each year. He is asking for this guarantee in order to be able to finish the project as the banks are asking for a firmer commitment from the City. He is requesting a 15 year guarantee to allow him the greatest flexibility to negotiate the refinancing loan. In response to questions, he indicated with the City's guarantee, he is hoping to lengthen the loan from 8 to 15 years and that the interest rate charged would be 2 1/2 to 3 points over the T-bill rate. He stated he is currently paying 11% interest and the length of time is the key issue. It was requested a report be given regarding the educational aspects of the Foundation. Polly Bateman, with the Foundation, stated they have three programs currently in place: the afternoon school; the community service; and the special kids program. She stated a fourth program will be a full public school on the golf course geared toward middle school students of high risk. In response to questions, it was indicated this is sanctioned by the public schools and the plan is to serve 400 to 500 students per year. Eight citizens spoke in support of the amendment praising the program and how it helps children who have experienced traumatic and detrimental situations in their lives. Discussion ensued regarding the Commission's support of the program but with concerns being expressed regarding an unrestricted guarantee for a million dollars. A concern was expressed that it is not included in the documents that the principal amount of the loan would be reduced on an amortization schedule. Mr. Hayes indicated this is what is planned. Discussion ensued regarding whether or not to reduce the amount of guarantee as the amount of principal of the loan decreases. Mr. Hayes indicated it would be difficult for him if the guarantee is attached to the amortization schedule and he asked them to consider guaranteeing the million dollars for ten years and then reducing it by equal amounts for the remainder of the loan period. Concerns were expressed that there were no specific details regarding the loan. It was requested these specifics be available before second reading. Mr. Hayes indicated the banks are waiting to give him specifics until they know what the City will agree to do. Discussion ensued regarding whether or not a letter of intent would be sufficient to provide to the bank at this time rather than a straight guarantee. In response to a question regarding why an ordinance was needed, the City Attorney indicated bond counsel has indicated one is necessary to make this amendment to the agreement. Commissioner Nunamaker moved to authorize the issuance of a letter of intent that Clearwater will guarantee, in the case of default, a maximum of 1 million dollars with the guarantee to last for nine years and from that point on, the guarantee will be amortized out to zero over the remainder of the loan providing the loan principal itself is amortized over a 15 year period and this guarantee in no way pledges ad valorem tax revenues. The motion was duly seconded. In response to a question regarding from where the funds would be obtained, the City Manager indicated that first he would review the budget to see if there were monies that could be assigned and if not, it would come from non-appropriated accounts from the General Fund balance. It was suggested the Foundation include a Clearwater representative on its board. Mr. Hayes indicated he would pursue this idea. A question was raised regarding a requirement in paragraphs 28 and 29 of the original agreement that an inspection be done before the CO is issued. It was indicated the permanent CO has not been issued at this time and the Public Works Department is aware of the need for the inspection. Upon the vote being taken on the motion, it carried unanimously. The City Attorney presented Ordinance #5178-92 for first reading and read it by title only. The City Attorney indicated in Section 2, the reference to changes being able to be made by the Mayor or Vice-Mayor and City Clerk or Deputy City Clerk needs to be deleted. Commissioner Fitzgerald moved to pass Ordinance #5178-92 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. ITEM #33 - Clearwater Pass Bridge - authorization to begin design of construction plans to David Volkert & Associates, Inc. (DVA) and supplemental agreement to the existing contract with DVA increasing the amount by $140,390.84 for a new total of $1,042,209.84 (PW) In February, 1989, the City entered into a contract with Volkert & Associates to furnish consulting engineering services consisting of a federally-required PD&E study and Construction Plan design services. That original contract was for a total of $812,660. During the course of the PD&E study phase various regulatory agencies requested specialized oceanographic data beyond that originally envisioned by the contract's scope of services. Consequently, the contract with Volkert was amended on three subsequent occasions (12/7/89; 5/29/90 & 9/12/91) to accommodate these extra costs and the total contract amount presently stands at $901,819. The Federal Highway Administration (FHWA) has recently signed the PD&E environmental document which constitutes their Location/Design Approval (LDA) and confirms that the FHWA will participate in the funding of the construction costs. The receipt of the LDA is the point at which construction drawings usually commence. In line with the fact that the beginning of design activities was originally estimated to begin in September of 1990, Volkert now informs the City that due to inflation, project refinements and changes in FDOT practices since the 1989 original agreement, it will be necessary to effect another Supplementary Agreement allowing payment for additional services and increased costs. This agreement is for $84,225.34 for sub-consulting work consisting of surveying, geo-technical, marine science, etc.; and $56,165.00 for work associated with design plans; for a total contract increase of $140,390.34. While it is the City's understanding that the FHWA has, through the PD&E process, found the project to be worthy of funding and, as the federal lead agency, has approved the project for future funding participation, individual construction permits based upon the actual construction design are still necessary from several agencies, including the US Coast Guard. It also appears that the US Coast Guard continues to express a reluctance to endorse this project, even at the increased 74 foot bridge height. The extent to which the immediate authorization for Volkert to begin final plans and specifications might be at risk in that design changes might still be necessary, appears to be minimal when compared to the possibility of failing to meet the time frames associated with the FDOT work funding schedule. It is the recommendation of staff to proceed with the diligence necessary to meet the FDOT time frame for beginning construction in 1993 rather than delay the project design out of fear that the Coast Guard or others might cause the City some extra expenses due to a redesign, and thereby miss the FDOT time schedule. There is $15,532.84 available in project 315-1-3468, Clearwater Pass (Sand Key) Bridge Replacement. The remaining $124,857.50 is available in project 315-1-3469, Sand Key Bridge R&R and a first quarter budget amendment will provide for the transfer of these funds to the Clearwater Pass Bridge Replacement project. Discussion ensued regarding the percentage of increase proposed for the amendment. It was indicated Volkert was agreeing to a 5% increase over a 2 year period for an effective 10% increase at the end of the agreement. Concerns were raised in that the inflation rate has only been 3 1/2 to 4% and the delay in the contract is only 18 months. In response to a question, it was indicated the actual delay is 23 1/2 months. Commissioner Berfield moved to authorize David Volkert & Associates, Inc. to commence the preparation of plans, specifications and permit applications for the construction of a new Clearwater Pass Bridge and approve the supplemental agreement to the existing contract with Volkert & Associates increasing the existing contract amount of $901,819 by an additional $140,390.34 for a new total of $1,042,209.34 and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #34 - Replat of Lots 196 & 197, Clubhouse Estates of Countryside Unit Four, a previously platted subdivision located on the SE corner of Countryside Blvd. and Concord Court (Wolfe)(PLD) The applicants are requesting approval to replat Lots #196 and #197 of the Clubhouse Estates of Countryside Unit Four to relocate the common lot line between the lots. Both lots were originally purchased together and a single family residence was erected over the common property line. Under the Land Development Code, this replat may be approved as an administrative lot division, but since the Commission has previously considered the replat, staff is seeking authority for this action. The owners of the property now wish to move the property line to the west to make Lot #196 a buildable lot. The proposed Lots #196 and #197 meet all area requirements of the Land Development Code without the need for any variances. This same request was heard by the Commission on May 19, 1988 and was denied due to questions regarding adequate lot area, adequate buildable area for the structure and a pool, and compatibility with the surrounding existing residential area. The applicant was not present to address these concerns at that time. This request provides a sketch by the applicant's surveyor which attempts to address the questions regarding the setbacks, pool area, and other concerns. As noted above, the replat would result in two conforming lots. The member departments of the Development Review Committee have reviewed this proposal and have no objections. The Planning and Development Director indicated the same request was heard in May of 1988 and denied by the Commission. Rick Gresinger, attorney representing the applicants, stated that due to no one being present at the hearing in 1988, some confusion was created. He indicated the lot subdivision as proposed can meet code and subdivision restrictions. Discussion ensued regarding a ten foot easement. Gordon Killion, surveyor who drew the hypothetical building on the property, stated it was not an easement but rather depicts setbacks. Norman Roffey stated his back yard abuts this property. He stated the property has been vacant for a long time but has lawn sprinklers and trees. He stated the house has been for sale for over a year. He feels the intention is to subdivide the land making it easier to sell the existing house and sell off the existing land as a separate entity. He stated development on this lot, which he believes would have to be two stories in order to meet the square footage requirement, would devalue his property. Discussion ensued regarding whether or not this request should be approved when there are objections by individuals who bought into a subdivision with lots platted as they currently exist. In response to a question, Mr. Killion indicated the hypothetical home which he has sketched on the lot is a one story building. Mr. Gresinger also indicated a pool has been factored in which is not required and that a larger than average garage is shown which does not necessarily have to be there. A concern was expressed that approval of this would result in a change in the layout of the subdivision contrary to what someone bought in good faith. Discussion ensued regarding whether or not other properties would be adversely impacted and it was stated a building could be built on the proposed lot and meet code. Concerns were expressed the code requires that in order to replat property, the new size and shape must be appropriate for the intended use with the side lot line perpendicular to the right-of-way and there are no foreseeable difficulties in obtaining the permit. Mr. Gresinger indicated there would be no hardship in getting the permit and they do conform to the subdivision regulations and city code. An opinion was expressed that the replat does not meet the standards as the lot line is not perpendicular to the street and the shape of the lot would be odd. Further discussion ensued regarding what would be needed in order to develop on this lot. Mr. Roffey stated he was concerned about the aesthetics and he would be injured if this replat is approved. Commissioner Nunamaker moved to deny the requested replat. The motion was duly seconded. Upon the vote being taken; Commissioners Regulski, Nunamaker and Fitzgerald voted "Aye", Commissioner Berfield and Mayor Garvey voted "Nay". Motion carried. ITEM #35 - First Reading Ordinance #5177-92 - authorizing the City Manager to approve and execute on behalf of the city, leases of space in the Clearwater Marina building (MR) Current city policy is that the Commission must approve all marina building lease agreements. For several years the City has used a standard lease agreement form with all marina building lessees. The marina building space was advertized for rent and all proposals reviewed with the Marine Advisory Board for a recommendation. The City Attorney, Risk Manager, Assistant City Manager and City Manager then reviewed the Agenda Item prior to it being submitted to the City Commission for approval. On January 21, 1992, General Services Administration, which controls the lease of building space for US Customs, advised that eight of the nine rooms currently rented on the second floor will be returned to the City on February 29, 1992. The City has several requests on file for the renting of building space. Approval of building lease agreements by the City Manager will help ensure the City is not losing revenue with empty building space. This ordinance will authorize the City Manager to approve and execute leases of space in the marina building, with the exception of space leased to the US Postal Service, which will require Commission approval. The maximum term of any building lease approved by the City Manager shall be three years and rental rates will be kept consistent with the rates for commercial space on Clearwater Beach. Rental rates of less than 100% of prior lessee shall require approval of the Commission. The use of the premises shall only be for the purposes specified in the lease agreement and the lessee shall not sublease without prior written consent of the City Manager. The Marine Advisory Board recommends approval of this ordinance. Concerns were expressed that the City Commission should still make the final determination regarding what businesses lease in the marina. Bill Held, Harbormaster, indicated the Marine Advisory Board had recommended this change when they questioned why they were reviewing proposed leases. He explained the current process. A concern was expressed that there had been problems in the past and the Commission would prefer to remain in control of the leases. It was recommended staff look for ways to streamline the procedures internally. Commissioner Berfield moved to deny the requested amendment. The motion was duly seconded and carried unanimously. ITEM #36 - First Reading Ordinance #5176-92 - implementing twice weekly irrigation restrictions; providing for enforcement of more stringent water restrictions that may be declared by SWFWMD (PW) On September 19, 1991, the Commission adopted Ordinance #5133-91 relating to a Water Shortage Plan and local enforcement of Southwest Florida Water Management District (SWFWMD) water shortage restrictions. On September 1, 1991, the District relaxed its district-wide water shortage restrictions because of improving hydrologic conditions. However, at the same time, the District strongly recommended to the four coastal communities (Clearwater, Dunedin, Tarpon Springs, Belleair) that withdraw water from the local aquifer that they implement local ordinances to further restrict water use. This recommendation was due to concerns over the chloride or salt content of water in the coastal wells. Clearwater is the only city of the four that has yet to pass a local ordinance or resolution to restrict water use. Proposed Ordinance #5176-92 restricts most lawn and landscaping irrigation to twice weekly and establishes criteria for golf course irrigation. The ordinance also provides for automatic enforcement of more stringent water restrictions that may be declared by the governing board or executive director of SWFWMD from time to time. Clearwater's Consumptive Use Permit (CUP), when granted by SWFWMD on July 25, 1989, included conditions that set limits and target levels for maintaining or reducing chloride levels in the City's wells. The CUP allows the City to withdraw water from the aquifer. As of December, 1991, eight of eleven operating wells were above the chloride levels established by the District. Because of concerns for hydrologic conditions in June, 1989, SWFWMD designated Clearwater and all of Pinellas County as part of the Northern Tampa Bay Water Use Caution Area. In January, 1991, the District added several conditions to all CUP's within the Water Use Caution Area (WUCA) that focused on expanded water conservation programs and data gathering requirements by all water users. Since January, 1989, areas within the SWFWMD have experienced a water shortage. During this period, several levels of water shortage restrictions have been implemented by the District and enforced by the City. When the District relaxed its water restrictions in September, 1991, water consumption in Clearwater began rising. During the first eight months of 1991, water consumption averaged 13.88 million gallons per day (MGD). This includes the historic periods of heaviest consumption. Since September, when SWFWMD restrictions were relaxed, consumption has increased by almost 0.7 MGD. Because of increasing consumption and in an attempt to control chlorides per CUP conditions, adoption of Ordinance #5176-92 is recommended. It was indicated a letter should be sent to the County requesting they also restrict water use. Tom Hackett, Water Supervisor, indicated the ordinance allows two days per week to water lawns. He stated this does not include restrictions on hose bibs, car washing and other miscellaneous uses of water, this is strictly for irrigation. Watering is prohibited between 10:00 a.m. and 4:00 p.m. each day. In response to a question regarding setting a maximum amount of time an individual could water, it was indicated this would be very difficult to enforce. Commissioner Berfield moved to approve staff's recommendation. The motion was duly seconded and carried unanimously. One citizen spoke in opposition to the ordinance stating that SWFWMD had violated his civil rights. The Commission indicated this was not the appropriate forum for his complaints. A citizen spoke requesting car washing be allowed and it was indicated the ordinance does not restrict car washing. The City Attorney presented Ordinance #5176-92 for first reading and read it by title only. Commissioner Berfield moved to pass Ordinance #5176-92 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 #37 - Resolution #92-5 - Demolition lien on properties located at 901-903 Beckett Street (PLD) Properties located at 901-903 Beckett Street were inspected by the Building Division and found to be structurally unsafe. The owners were notified by Certified Mail of this finding and signed a waiver allowing the City to demolish the structure and assess the cost against the property. The City Attorney presented Resolution #92-5 and read it by title only. Commissioner Berfield moved to pass and adopt Resolution #92-5 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 #38 - Resolution #92-6 - Emergency repair lien on property located at 300 North Vine Avenue (PLD) Property located at 300 North Vine Avenue was inspected by the Building Division and found to be structurally unsafe. The owner of the property is deceased and the known heirs are minor children. The Building Official ordered the structure temporarily repaired to prevent total collapse of it and possible harm to neighboring properties, both public and private. The work has been completed. The attorney representing the heirs requested a continuance of this item. Commissioner Nunamaker moved to continue this item until the next regularly scheduled meeting of February 20, 1992. The motion was duly seconded and carried unanimously. ITEM #39 - Resolution #92-7 - Demolition lien on property located at 1015 LaSalle Street (PLD) Property located at 1015 LaSalle Street was inspected by the Building Division and found to be unsafe. The owners were notified by Certified Mail of this finding and the Court-appointed guardian of the owner, with the approval of the Court, signed a waiver allowing the City to demolish the structure and assess the cost against the property. The City Attorney presented Resolution #92-7 and read it by title only. Commissioner Fitzgerald moved to pass and adopt Resolution #92-7 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 #40 - Resolution #92-8 - Demolition lien on property located at 1200 North Fort Harrison Avenue (PLD) Property located at 1200 North Fort Harrison Avenue was inspected by the Building Division and found to be unsafe and unfit. The owners were notified by Certified Mail of this finding and signed a waiver allowing the City to demolish the structure and assess the cost against the property. The City Attorney presented Resolution #92-8 and read it by title only. Commissioner Berfield moved to pass and adopt Resolution #92-8 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 #41 - Resolution #92-9 - Demolition liens on properties located at located at 901, 901 1/2 & 903 Drew Street and 136 & 138 North Prospect Avenue (PLD) Properties located at 901, 901 1/2 and 903 Drew Street and 136 and 138 North Prospect Avenue were inspected by the Building Division and found to be structurally unsafe. The owners were notified by Certified Mail of this finding and signed a waiver allowing the City to demolish the structures and assess the cost against the property. The City Attorney presented Resolution #92-9 and read it by title only. Commissioner Berfield moved to pass and adopt Resolution #92-9 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 #42 - Resolution #92-17 - Supporting Countywide Sign Ordinance for unincorporated areas (PLD) While it appears that the "Countywide" Sign Regulations will not become effective on a countywide level due to the sunset clause established in those regulations, the County Commission should still be encouraged to apply the "Countywide" regulations to the unincorporated portions of Pinellas County. The proposed resolution expresses such a desire on the part of the Clearwater City Commission. It was indicated Clearwater conforms to the Countywide Sign Ordinance with a few minor exceptions. It was indicated it was understood Clearwater could still adjust its code to be in conformance. It was reported the County Commission will consider the sign ordinance at their meeting at 6:00 p.m. on February 18, 1992. The City Attorney presented Resolution #92-17 and read it by title only. Commissioner Berfield moved to pass and adopt Resolution #92-17 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 #43 - Resolution #92-14 - authorizing CSX Transportation, Inc. to make improvements to the railroad crossing signals at Vine Ave. (PW) As finances permit, the railroad companies and Florida Department of Transportation (FDOT) coordinate improvements to the railroad crossings throughout the state. Annual evaluations of these crossings by FDOT Safety Office prioritize crossing improvements based upon street and railroad traffic, school bus usage, crossing sight distance, train speed, and numerous other safety-related factors. The Vine Avenue crossing has been identified by the FDOT as a priority location for the installation of grade crossing signals. Currently controlled by only a crossbuck sign, the crossing is on a skew and has a significant hump, both of which complicate a crossing maneuver. CSX Transportation, Inc. will install flashing signals at the crossing at an estimated cost of $62,575.55, which will be paid by the FDOT. The annual maintenance cost, based upon the currently accepted cost of grade crossing control devices, is $1,404, of which the City would be responsible for 50%, or $702.00. A similar agreement for the Vine Avenue Crossing was approved by the Commission in late 1990, but was never executed by CSX Transportation, apparently because of a pending increase in maintenance fees. The updated fees exceed the fee originally approved by the Commission. CSX has requested a revision of the Resolution to reflect the new maintenance fees. Commissioner Nunamaker moved to approve the agreement with CSX Transportation, Inc. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #92-14 and read it by title only. Commissioner Fitzgerald moved to pass and adopt Resolution #92-14 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 #44 - Community Relations Board - 2 appointments (CLK) Commissioner Regulski moved to reappoint Heather Foderingham. The motion was duly seconded and carried unanimously. Commissioner Fitzgerald moved to appoint Jonathan Wade. The motion was duly seconded and carried unanimously. ITEM #45 - Historic Preservation Board - 1 appointment (CLK) Commissioner Fitzgerald moved to reappoint Janet MacNutt. The motion was duly seconded and carried unanimously. ITEM #46 - Parks & Recreation Board - 1 appointment (CLK) Commissioner Regulski moved to appoint Gary Giordano. The motion was duly seconded and carried unanimously. ITEM #47 - Other Pending Matters - None. CITY ATTORNEY REPORTS Resolutions ITEM #48 - Resolution #92-4 - Requesting Pinellas County abate taxes and discharge liens on property acquired for municipal purposes The City Attorney presented Resolution #92-4 and read it by title only. Commissioner Fitzgerald moved to pass and adopt Resolution #92-4 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. ITEM #49 - Resolution #92-10 - Dedication of easement and approval of temporary construction easement for Pinellas County's widening of Gulf Blvd. The City Attorney presented Resolution #92-10 and read it by title only. Commissioner Berfield moved to pass and adopt Resolution #92-10 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 #92-13 - Dedication of utility easements for Florida Power facilities at City's Northeast Wastewater Pollution Control Facility on S.R.580 The City Attorney presented Resolution #92-13 and read it by title only. Commissioner Fitzgerald moved to pass and adopt Resolution #92-13 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 #51 - Resolution #92-15 - Assessing property owners the costs of mowing or clearing owners' lots The City Attorney presented Resolution #92-15 and read it by title only. Commissioner Nunamaker moved to pass and adopt Resolution #92-15 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 #52 - Resolution #92-16 - Supporting Surface Water Improvement and Management Program ("SWIM") The City Attorney presented Resolution #92-16 and read it by title only. Commissioner Nunamaker moved to pass and adopt Resolution #92-16 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 #53 - Other City Attorney Items The City Attorney indicated he has distributed Resolution #92-20 urging the Florida Legislature and the Governor to enact House Bill 101 or its companion Senate Bill 1080 relating to coastal building zone construction. The City Attorney indicated the bill had already passed the House and Senate. It was questioned whether or not the resolution should be changed and he indicated this was not necessary. The City Attorney presented Resolution #92-20 and read it by title only. Commissioner Fitzgerald moved to pass and adopt Resolution #92-20 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 #54 - City Manager Verbal Reports The City Manager reported the Sun'n'Fun Festival will be held from April 18 to May 3 with the parade being on May 1, 1992. He reported a proposed settlement with Barnett Bank regarding the embezzlement of the parking facility funds. The bank will give to the City $100,000 plus over $7,700 in interest in settlement of the funds embezzled by Barnett Bank employees. In response to a question, it was indicated this settlement relates only to this one event and would not prevent pursuit of any additional embezzlement cases. Commissioner Nunamaker moved to approve the settlement with Barnett Bank. The motion was duly seconded and carried unanimously. ITEM #55 - Other Commission Action Commissioner Berfield questioned the status of the reply to the Clearwater Beach Association and it was reported that a response should be sent out in approximately a week. Commissioner Fitzgerald expressed concerns regarding Item #11, the alcoholic beverage variance for the Rite Aid grocery store. He stated at the time of his vote he was unaware of a petition opposing the action. It was indicated the petition was submitted to the Planning and Zoning Board in opposition to the conditional use which they granted. Commissioner Fitzgerald moved to reconsider Item #11 and to continue it until such time as a new public hearing can be advertised. The motion was duly seconded. Upon the vote being taken; Commissioners Fitzgerald, Berfield and Nunamaker voted "Aye", Commissioner Regulski and Mayor Garvey voted "Nay". Motion carried. Discussion ensued regarding policy in the future to notify the Commission of such submissions. The Planning and Development Director indicated that historically staff does not copy petitions and letters to other boards to the Commission. It was stated that in the future any such petitions and correspondence will be referenced in the background of the agenda item to the City Commission. It was also suggested it be announced at the other boards regarding issues that would still have to come to the Commission so that people in attendance would be aware of that. Mayor Garvey notified the public regarding the upcoming "Paint Your Heart Out" program. She stated they are looking for corporate sponsors and volunteers. Hopes are to paint 20 homes of elderly, low income individuals and 6 UPARC group homes have been included in this effort. She stated anyone wishing to volunteer should call 462-6147. ITEM #56 - Adjournment The meeting adjourned at 10:56 p.m.