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02/18/1993 CITY COMMISSION MEETING February 18, 1993 The City Commission of the City of Clearwater met in regular session at City Hall, Thursday, February 18, 1993 at 6:01 p.m., with the following members present: Rita Garvey Mayor/Commissioner Richard Fitzgerald Vice-Mayor/Commissioner Sue Berfield Commissioner Arthur X. Deegan, II Commissioner Mayme W. Hodges 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 Mary K. Diana Assistant 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. ITEM #3 - Service Awards One service award was presented to a City employee. ITEM #4 - Introductions and Awards - none. ITEM #5 - Presentations - none. ITEM #6 - Minutes of the Regular Meeting of February 4, 1993 and Special Meetings of January 15, 1993, December 10, 1992 and December 28, 1992 A question was raised if wording addressing an agreement between Dimmitt and Dr. Leonard should be added to the February 4, 1993 minutes, Item #13 - Ordinance #5326-93 (Dimmitt vacation). The City Attorney felt it should be noted. The following sentence will be added "The City Attorney reported a copy of an agreement between Dr. Leonard and Dimmitt providing Dr. Leonard access to his medical waste disposal area has been received." A request was made to change the word "announced" to "noted" under Other Commission Action regarding Commissioner Deegan's reference to the postponement of the meeting to receive input regarding Dunedin Pass. Commissioner Berfield moved to approve the minutes of the regular meeting of February 4, 1993, as amended, and the special meetings of January 15, 1993, December 10, 1992 and December 28, 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 Syd Snair expressed confusion over staff response regarding the size of political signs under the current code. He expressed concern signs can be twice as large as previously allowed. It was noted that deletion of the word "cumulative" has caused the confusion. Staff will address this issue after the current election. Bob Wright, president of the Clearwater Coalition of Homeowners, requested remedying the Harbor Oaks traffic situation be made a high priority. He suggested widening Myrtle Avenue and the relocation of Alternate 19 in order to alleviate traffic on South Fort Harrison. It was noted the Harbor Oaks' traffic plan has been agendaed for March 4, 1993. (This was later rescheduled to March 18) Paul Polgar requested the Commission to authorize the County to consider additional routes for Pinellas Trail. He requested Bay Avenue and Prospect Street be studied and submitted a map showing these routes. Staff noted to study all three routes would cost approximately $50,000. To study the Harbor Oaks' route around the Bayfront would cost $6,000. Discussion ensued regarding the status of the Trail with it being indicated the City had been waiting to receive information from the County. The City Manager indicated he would contact the County and provide the Commission with a report. Robert Clarke expressed concern regarding the impact of attorneys on government and society. Steve Saliga requested the Commission consider televising their work sessions. PUBLIC HEARINGS ITEM #8 - Public Hearing - Declare property located at 600 Franklin St., Gould & Ewing's 2nd Addition to Clwr Harbor, Blk 7, part of Lot 1, as surplus for purpose of leasing to the IAFF for the period 3/1/93-2/28/98 (AS) The International Association of Firefighters (IAFF) has requested to lease the City-owned building at 600 Franklin Street. That building was deeded to the City by a gift deed in December, 1992. It is now vacant and is in need of a tenant to provide security and up-keep through use. The IAFF does not presently have a separate facility for their headquarters that is adequate to their needs. They will provide the caretaking and occupancy that will benefit the property. A nominal lease is being offered similar to the lease of the Haven House to the Pinellas County Arts Council approved last year by the Commission. The building at 600 Franklin had been offered to other City-related activities, including all departments. The only agency to request use of it was the IAFF. If granted use of the building, the IAFF will assume responsibility for compliance with the Americans With Disabilities Act (ADA). Bringing the building fully into ADA compliance could cost in excess of $10,000. Even though a non-profit organization, the IAFF has agreed to a monthly rental of $275 or a total of $16,500 for the renewable five year lease term. In exchange, the City will pay such taxes and fees on the property that may be due and perform exterior and roof repairs on the building. Costs for taxes and fees are expected to be approximately $3,100 per year. Cosmetic exterior repairs are expected to cost around $1,200 and should be performed this year. Roof repairs, expected to cost about $5,500, can be scheduled for the Fiscal Year 1993/94 budget year. Major provisions in the lease agreement are: 1) the term is for five years renewable for an additional five years for a negotiated rental fee to be determined at renewal; 2) the City will perform all exterior structural maintenance including roof repairs; 3) the IAFF will perform all interior maintenance; 4) the IAFF will act as necessary to bring the building into compliance with the ADA; 5) the IAFF will pay a monthly rental of $275 for the first five year term; 6) the City will pay all taxes and fees on the property which are anticipated to be about $3,100 per year; and 7) the IAFF will indemnify and hold harmless the City from all risks attendant to the use of the building. The mid-year budget review for FY 1992/93 will establish the revenue budget of $3,300 ($275 monthly) in the General Fund Operating Budget and the offsetting expenditure of $3,100 to provide funds to pay fees and taxes on the property. The General Services Building and Maintenance General Fund Operating Code 565-06531-550800/590 will pay for the external structural repair expenses. The available balance in the division's current year operating budget is sufficient to provide funds for this purpose. Commissioner Berfield moved to declare property described as Gould & Ewing's 2nd Addition to Clearwater Harbor, Block 7, part of Lot 1, as surplus for the purpose of leasing the property to the IAFF and to approve the lease of the property to the IAFF for the period 3/1/93-2/28/98. The motion was duly seconded and carried unanimously. ITEM #9 - Public Hearing & First Reading Ords. #5341-93, #5342-93 & #5343-93 - Annexation, Land Use Plan Amendment to Residential/Office and OL Zoning for property located at 308 N. Belcher Rd., Mosell Acres, part of Lots 7 & 8, approx. 0.20 acres (Maguire A92-13, LUP92-24)(PLD) The applicants wish to annex to obtain City sewer service. The existing building on the property is being remodeled under a County building permit. The property is contiguous to the City along its north, west and south property lines, and these adjacent properties have a Future Land Use Classification of Residential/Office and are zoned OL. The right-of-way of Belcher Road on the east is in the County, and the Department of Public Works recommends it not be annexed at this time. The property to the east, across Belcher Road, is in the County and has been developed as single family residential. The lot conforms to the dimensional requirements for an OL district but the building will be nonconforming. The building setback from the south property line is only 5.88 feet, while the required distance is 10 feet. The County and Countywide Future Land Use Plan Classifications for the applicants' property is Residential/Office, the same as the proposed City's Future Land Use Classification. There is no change in the County or Countwide Future Land Use Classifications, so this application will not be subject to Pinellas Planning Council review. At their meeting of February 16, 1993, the Planning and Zoning Board recommended approval. Commissioner Fitzgerald moved to approve annexation, a land use plan amendment to Residential/Office and OL zoning for the subject property. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5341-93 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5341-93 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Hodges and Garvey. "Nays": None. The City Attorney presented Ordinance #5342-93 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5342-93 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Hodges and Garvey. "Nays": None. The City Attorney presented Ordinance #5343-93 for first reading and read it by title only. Commissioner Hodges moved to pass Ordinance #5343-93 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Hodges and Garvey. "Nays": None. ITEM #10 - Public Hearing & First Reading Ords. #5335-93, #5336-93 & #5337-93 - Annexation, Land Use Plan Amendment to Low Density Residential and RS-8 Zoning for property located at 1601 Gentry St., Highland Pines 1st Addition, Blk 8, Lot 1, approx. 0.16 acres (Wexler A92-14, LUP92-25)(PLD) The applicants have requested annexation to obtain City sewer service. Their property is developed as a single family residence in a developed residential district. The property is contiguous to the City on all sides. The adjacent property has a City Future Land Use Classification of Low Density Residential and RS-8 Zoning, the same as proposed for the applicants' property. The street in front of the property is already in the City. The County Future Land Use Classification for the applicants' property is Low Density Residential (5.0 u.p.a. max.), which is less dense than the proposed City Classification. Pinellas Planning Council approval will be required. At their meeting of February 16, 1993, the Planning and Zoning Board recommended approval. Commissioner Fitzgerald moved to approve annexation, a land use plan amendment to Low Density Residential and RS-8 zoning for the subject property. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5335-93 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5335-93 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Hodges and Garvey. "Nays": None. The City Attorney presented Ordinance #5336-93 for first reading and read it by title only. Commissioner Hodges moved to pass Ordinance #5336-93 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Hodges and Garvey. "Nays": None. The City Attorney presented Ordinance #5337-93 for first reading and read it by title only. Commissioner Deegan moved to pass Ordinance #5337-93 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Hodges and Garvey. "Nays": None. ITEM #11 - Public Hearing & First Reading Ords. #5338-93, #5339-93 & #5340-93 - Annexation, Land Use Plan Amendment to Industrial and IL Zoning for property located at 1351 Arcturus Ave., Hercules Industrial Park, part of Tract A, approx. 1.5 acres (Loulourgas A92-15, LUP92-26)(PLD) The applicant is requesting annexation to obtain City sewer service. The property is a developed industrial site and is contiguous to the City along its south and west property lines. The property to the north and east is developed industrial property in the County and has a County Future Land Use Classification of Heavy Industrial and M-2 zoning, the same as the applicant's property. The property to the south is in the City and has a Future Land Use Classification of Industrial and IL zoning. The property to the west is in the City and has a Future Land Use Classification and zoning of P/SP (city owned). The City owned property is used by the Infrastructure Division for storage of heavy equipment and construction materials. The applicant is not modifying his facilities. The street in front of the property is in the City. The proposed Future Land Use Classification of Industrial has the same Plan Classification but is less intense than the County and Countywide Plan Category of Heavy Industrial therefore, Pinellas Planning Council review will not be required. At their meeting of February 2, 1993, the Planning and Zoning Board recommended approval of this request. Commissioner Berfield declared a conflict of interest in regard to this item. See form attached as Exhibit A and made a part of these minutes. Commissioner Fitzgerald moved to approve annexation, a land use plan amendment to Industrial and IL zoning for the subject property. The motion was duly seconded and upon the vote being taken, Commissioners Fitzgerald, Deegan and Hodges and Mayor Garvey voted "aye." Commissioner Berfield abstained. Motion carried. The City Attorney presented Ordinance #5338-93 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5338-93 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Deegan, Hodges and Garvey. "Nays": None. Abstained: Berfield. The City Attorney presented Ordinance #5339-93 for first reading and read it by title only. Commissioner Hodges moved to pass Ordinance #5339-93 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Deegan, Hodges and Garvey. "Nays": None. Abstained: Berfield. The City Attorney presented Ordinance #5340-93 for first reading and read it by title only. Commissioner Deegan moved to pass Ordinance #5340-93 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Deegan, Hodges and Garvey. "Nays": None. Abstained: Berfield. ITEM #12 - Alcoholic Beverage Separation Distance Variance for property (F&S Food Services, Inc. d/b/a Houston's Steakhouse, Inc.) located at 1250 S. Missouri Ave., Sunshine Mall, Sec. 15-29-15, M&B 34.01 and Sec. 22-29-15, M&B 21.01, 21.02 & 21.12 (Taylor/Fusco Corp. AB93-04)(PLD) The applicant is requesting a variance of 108 feet to permit a 4-COP-SRX alcoholic beverage establishment to locate 142 feet from a school zone. The subject property is a restaurant known as "Houston's Steakhouse, Inc." and is located at 1250 South Missouri Avenue in the Sunshine Mall. The distance separation variance is required because the restaurant is closer than 250 feet to Belleair Elementary School. The subject property is under new ownership and has a new alcoholic beverage license. The property is within the area now zoned Commercial Center (CC) district. No additional parking is needed as there are 2,700 spaces at the Mall and the applicant intends to share with other tenants in this location. The comments from the Police Department show no reason to deny this request. At their meeting of February 2, 1993, the Planning and Zoning Board approved the applicant's request for a conditional use permit subject to: 1) the requisite occupational license shall be obtained within 6 months; 2) The operation is limited to consumption on premises only with no package sales; 3) the applicant shall obtain the necessary separation distance variance from the Commission; and 4) there shall be no outdoor entertainment and no outdoor speakers. In response to questions, it was noted this location is a separate building on the mall property. Commissioner Fitzgerald moved to approve a variance of 108 feet to permit alcoholic beverage sales within 142 feet of a school property. The motion was duly seconded and carried unanimously. Concerns were raised regarding these type applications meeting the variance standards and/or whether these standards are appropriate in considering these type requests. It was indicated this will be addressed as part of the comprehensive review of the alcoholic beverage code. ITEM #13 - Amend the FY 1991-92 CDBG Final Statement to reflect funds expended for HUD defined activities (PLD) Staff has reviewed the CDBG expenditures for FY 1991/92 in preparation of the Grantee Performance Report. Several areas of expenditures should be reclassified to conform to the requirements of the US Department of Housing and Urban Development (HUD). These revisions are detailed in the amended Final Statement. In the most recent (FY91/92) Final Statement several projects were listed under activities that HUD does not recognize. The section entitled Homeless Facilities should be deleted and the projects listed in that section (Quest Inn and Homeless Emergency Project) be moved to the public facilities section. The section entitled Homeownership should also be deleted. The projects listed in that section should be moved to a new section entitled Special Activities by a Subrecipient. In order to bring budgeted amounts in line with actual expenditures, the following budget amendments are recommended: 1) increase Disposition by $6,000 (Disposition includes the "soft" costs such as surveys, appraisals, etc., for the Infill Program. These costs were higher because more units than originally planned were accomplished); 2) increase CNHS Infill by $50,000 (In periods of less activity, this project had been amended to reduce funding; however, due to increased activity in the last few months, supplementary funds are required for these additional homes. New requirements for environmental assessments and testing also increased costs in this project); and 3) they increase Demolition by $500 (The cost for demolition of the Jones' home was higher than projected). It is recommended the funds for the increases be transferred from the HOME Rental Rehabilitation Project which has been delayed to the current fiscal year. A new project entitled Temporary Relocation is being added to the Relocation section. A budget of $10,000 is projected for this project. It is recommended these funds be transferred from the HOME Rental Rehabilitation Project. Commissioner Berfield moved to amend the FY 1991/92 CDBG Final Statement to reflect funds expended to HUD defined activities. The motion was duly seconded and carried unanimously. ITEM #14 - Receive public comment re: CDBG Grantee Performance Report for 1991-92 (PLD) The Grantee Performance Report is the principal administrative report documenting the City's expenditures of CDBG funds to HUD. It serves as the basis for program monitoring for compliance and for financial audits. HUD also complies statistics regarding the effectiveness and benefits of the program from information contained in these reports. The City received a grant award of $773,000 for fiscal year 1991/92 under the CDBG Program. A total of $473,661 was unexpended from fiscal year 1990/91 and a total of $239,504 was received as program income from fiscal year 1991/92. Total funds available for fiscal year 1991/92 was $1,486,826. Total expenditures for fiscal year 1991/92 were $788,463. All expenditures met HUD criteria for program beneficiaries. Amounts listed in the Grantee Performance Report are unaudited by the City's independent auditor and may be subject to change; the Commission will be notified of any change(s) to these figures, as will the public and HUD. At the suggestion of HUD staff, a draft of the document was submitted to HUD on December 28, 1992 in order to comply with federal regulations. The Neighborhood Advisory Committee held a public hearing on February 9, 1993. Planning & Development Director James Polatty stated all public comments received will be included in the grantee report. Two participants in the rehabilitation program spoke regarding the problems they had with this program, asking that their comments be included in the grantee report. A letter was submitted by one of the participants. A question was raised if there is any deadline in submitting the report and it was indicated there was none. Direction was given the report not be sent to HUD until staff responds regarding what has been done to resolve the problems in the rehabilitation program and what is being done to assure this does not happen again. Concern was expressed regarding notification of CDBG public hearings reaching the targeted areas. It was indicated steps, in addition to advertising in the newspaper, are being taken to notify these areas. A request was made the report include the extra steps taken regarding notification of public hearings. ITEM #15 - (Cont. from 1/21/93) Public Hearing - Consider upholding decision of Building Official and Res. #92-66 authorizing demolition of property located at 905-907 Hart Street (a/k/a Plaza Park Sub., Blk C, Lots 15 & 16) if owner fails to repair or demolish structures within 30 days (PLD) This property was acquired by Aztec Insurance Company through foreclosure in March of 1991. On May 9, 1991, they were issued a Notice of Unsafe Buildings. Julio Aldecocea, Aztec Real Estate Consultant, stated they intended to rehabilitate the four buildings. Building permits were issued and work commenced in June, 1991. The structures were reroofed and stucco applied to approximately 85% of the exterior. The work was abandoned and a Municipal Code Enforcement Board (MCEB) hearing was requested. On March 25, 1992, the MCEB ordered the four buildings be brought into compliance by July 3, 1992. New permits were issued on June 4, 1992, and work again commenced. However, after approximately two weeks the contractor abandoned the job. Presently the 6 foot security fence is not being maintained. The structures are open, easily accessible and are being frequented by vagrants. The MCEB's March 25th order has been violated for more than 30 days. The Building Official confirms the inspector's report on this property. No correspondence of appeal has been made by the property owner. Therefore, as per Section 138.02(a)(9), City Code of Ordinances, pre-August 15, 1991 revisions, it is in order for the Commission to proceed with the public hearing. The public hearing before the Commission shall be de novo. These structures were cited under the pre-August, 1991 revision, therefore staff is following procedures of the older ordinance. This item was continued from the January 21, 1993 Commission meeting. The understanding was that Aztec Insurance Company would sign a waiver allowing the City to proceed with the demolition process. Also, that Aztec would give the property to the City. Victor Chodora, Building Official, faxed and sent Mr. Julio Aldecocea a letter confirming the interest of the City with a standard waiver for signature. Mr. Chodora called Mr. Aldecocea's office approximately five times between January 29 and February 1, 1993. Mr. Aldecocea indicated he would have the signed waiver to the City within a short time. On February 3rd and 4th, 1993, Mr. Chodora had additional conversations with Mr. Aldecocea concerning the waiver and the City's position. He faxed a handwritten letter to Mr. Chodora with questions regarding the waiver and the conditions. Mr. Chodora faxed a reply to Mr. Aldecocea's questions on February 5, 1993. The answers were based on conversation with James Polatty, Planning and Development Director. Mr. Chodora waited for a response, then on February 9, 1993, called Mr. Aldecocea to determine if his questions were satisfactorily answered. Mr. Aldecocea said he did not receive the reply. The reply was refaxed to Mr. Aldecocea. He called saying he had received the reply and would get back with Mr. Chodora on February 10, 1993. Mr. Polatty stated the agents of the owner of the subject property contacted him today indicating the owner would still like to donate the property to the City. He said there are MCEB fines on the property amounting to approximately $60,200. He said demolition of the building will cost approximately $10,000 to $12,000 and there are asbestos concerns. There is no guarantee that the MCEB will waive these liens. Mr. Polatty said if the Commission choses to accept the owner's request, that the City accept the property with the conditions the owners be cleared of all responsibility to pay the liens by stipulating (1) the property be transferred to the City free and clear of all liens and encumbrances; (2) the property be conveyed only upon agreement all City liens shall be considered satisfied which would be upon the approval of the MCEB; (3) the property be transferred to the City with no environmental liability, including asbestos; (4) the owner sell the property to the Neighborhood Housing Service for $1.00; and (5) an agreement be signed to enforce all conditions subject to the approval by the City Attorney's office. In response to a question, Building Official Vic Chodora indicated the buildings are structurally unsound and not worth saving. Mr. Julio Aldecocea, Aztec Real Estate Consultant, stated he is in agreement with the stipulations presented by Mr. Polatty. A question was raised, what if the MCEB does not waive the fines, and it was indicated the lien would go against any real or personal property owned by Aztec. Mr. Aldecocea said being an absentee owner has been difficult and approximately $40-45,000 has been spent to rehabilitate the property. He said they would pay for the asbestos removal. An opinion was expressed this was considered to be a fair proposal; however, only the MCEB could waive the lien. Concerns were raised that the City would be "paying" approximately $6,000 per lot and also not collect on any portion of the MCEB lien. Concerns were also expressed that Aztec had owned the property since 1991 and was just now coming forward with the proposal to resolve. Commissioner Deegan moved to deny staff recommendation and accept the owner's request the City accept the property with the condition the owners be cleared of all responsibility to pay the liens by stipulating (1) the property be transferred to the City free and clear of all liens and encumbrances; (2) the property be conveyed only upon agreement all City liens shall be considered satisfied which would be upon approval of the MCEB; (3) the property be transferred to the City with no environmental liability, including asbestos; and (5) an agreement be signed to enforce all conditions subject to the approval by the City Attorney's office. Motion died for lack of a second. Commissioner Berfield moved to uphold the decision of the Building Official to demolish buildings on the subject property if the owner fails to repair or demolish the structures within 30 days. The motion was duly seconded and upon the vote being taken, Commissioners Berfield, Fitzgerald and Hodges and Mayor Garvey voted "aye;" Commissioner Deegan voted "nay." Motion carried. Direction was given for staff to try and obtain the property for infill housing. The City Attorney presented Resolution #92-66 and read it by title only. Commissioner Hodges moved to pass and adopt Resolution #92-66 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Hodges and Garvey. "Nays": Deegan Motion carried. ITEM #16 - Alcoholic Beverage Separation Distance Variance for property (The Rack Shack) located at 25000 US19N, Sec. 31-28-16, M&B 44.03 (PPS Interest AB93-03)(PLD) This application was withdrawn by staff, pursuant to a letter from the City Attorney that the separation distance variance should be regarded as "running with the land". Records indicate this property was previously granted a separation distance variance in 1986 and in 1990. The previous business names were "The Hard Times Cafe" and "Melons". Public Hearing - Second Reading Ordinances ITEM #17 - (Cont. from 1/21/93) Ord. #5287-92 - CPD Zoning for property located at 2201 Sunset Point Rd., Sec. 6-29-16, M&B 32.01 and portion of vacated Pinellas Groves easement in Sec. 1-29-15 (Sun Bank of Tampa Bay Z92-08) The applicant's representative requested this be continued to March 18, 1993 to give the applicant and staff adequate time to process the revised site plan prior to the public hearing date. Commissioner Fitzgerald moved to continue this item to the scheduled Commission meeting of March 18, 1993. The motion was duly seconded and carried unanimously. ITEM #18 - Ord. #5324-93 - Establishing City's Reclaimed Water System The City Attorney presented Ordinance #5324-93 for second reading and read it by title only. Commissioner Deegan moved to amend Ordinance #5324-93 on page 6, in Section 32.374: add "or golf courses and other open space recreational facilities" after "customers" in subsection (1), and delete "golf courses and other open space recreational facilities, and for" from subsection (2). The motion was duly seconded and carried unanimously. Commissioner Deegan moved to pass and adopt Ordinance #5324-93 as amended on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Hodges and Garvey. "Nays": None. ITEM #19 - Ord. #5329-93 - Annexation for property located at 2200 Manor Blvd. N., Clearwater Manor, Lot 17 (Wickman, Jr. A92-12) The City Attorney presented Ordinance #5329-93 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5329-93 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Hodges and Garvey. "Nays": None. ITEM #20 - Ord. #5330-93 - Land Use Plan Amendment to Low Density Residential for property located at 2200 Manor Blvd. N., Clearwater Manor, Lot 17 (Wickman, Jr. LUP92-23) The City Attorney presented Ordinance #5330-93 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5330-93 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Hodges and Garvey. "Nays": None. ITEM #21 - Ord. #5331-93 - RS-8 Zoning for property located at 2200 Manor Blvd. N., Clearwater Manor, Lot 17 (Wickman, Jr. A92-12) The City Attorney presented Ordinance #5331-93 for second reading and read it by title only. Commissioner Hodges moved to pass and adopt Ordinance #5331-93 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Hodges and Garvey. "Nays": None. ITEM #22 - Ord. #5344-93 - Amending schedule of fees, rates and charges re: gas service to authorize provision of gas service at discounted rate upon approval of service agreement by City Manager The City Attorney presented Ordinance #5344-93 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5344-93 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Hodges and Garvey. "Nays": None. The meeting recessed from 8:30 p.m. to 8:45 p.m. CITY MANAGER REPORTS ITEM #23 - Public Input re: Dunedin Pass The Mayor apologized to Commissioner Deegan regarding the conflict in policy on continuing items and indicated a need for review. Two members of the Pinellas Suncoast Sierra Club, spoke in opposition expressing concern regarding the cost of opening the Pass. They felt regular extensive dredging would be required to keep it open. They did not see a security problem in the Pass being closed as vehicular traffic to Caladesi is limited. Ten citizens spoke in opposition expressing concern the opening would cause substantial boat traffic in Clearwater Harbor; continued redredging would be required and would be a futile destructive endeavor; only a few would benefit; opening a new inlet could create erosion; and marine life, fisheries and green beds would be disturbed. The Pass was considered to be rich in environmental diversity and it was felt the area should be kept in a natural state. It was suggested sailboats be restricted regarding right-of-way. Five members of the Audobon Society spoke in opposition citing water quality concerns, increased boat traffic, quality of marine life and loss of wildlife habitat, the cost to open and maintain the Pass. It was stated the present problems with the Clearwater Pass Bridge are due to its design. A representative from the League of Women Voters spoke in opposition citing cost and maintenance concerns. The president of the Clearwater Coalition of Homeowners spoke in support of opening the Pass citing safety and traffic concerns. He felt, if the Pass is open, there would be less bridge openings and improved water quality in Clearwater Harbor. Seven citizens spoke in support indicating a need to flush out the pollutants to improve water quality to support marine life. Concern was expressed the closed Pass creates dangerous currents deteriorating the beaches and undermining the Clearwater Pass Bridge. There was also concern regarding a safe way out of the Gulf in inclement weather. A suggestion was made to impose a user's fee for the Pass once open. It was pointed out no money has ever been spent to maintain the Pass. CONSENT AGENDA (Items #24-33) - Approved as submitted less item #28. Agreements - Approved. ITEM #24 - Agreements with The Golden Cougar Band Boosters, Inc. and The Clearwater High School Band Boosters, Inc. for parking of automobiles at this year's spring training season of the Philadelphia Phillies (PR) ITEM #25 - Agreement with Municipal Code Corporation re: Sale & Distribution of Code (CLK) Bids & Contracts - Awarded. ITEM #26 - Purchase of 14 EDACS Rangr Mobile Radios for newly purchased patrol cars from Ericsson GE Mobile Communications, Inc., Lynchburg, VA, for $37,744 (PD) ITEM #27 - Purchase of misc. sizes of water meters from Sunstate Meter and Supply, Inc., Gainesville, FL, thru a Pinellas County Cooperative Bid Contract, for an est. total $73,880 (PW) ITEM #28 - See page 15 Citizens & Staff Requests - Approved. ITEM #29 - Authorization to bid at foreclosure sale up to $27,700 (1012 N. Madison Ave.) (CA) ITEM #30 - Authorization to bid at foreclosure sale up to est. fair market value (1905 2nd Ave. N., St. Petersburg) for liens at 1310 A & B and 1312 N. Garden Ave. (CA) ITEM #31 - Authorization to settle claim re: gas line explosion - Claimants: Michael & Linda Ritter (CA) Change Orders - Approved. ITEM #32 - C.O.#2 & Final to CenTech Utility Corp., Tampa, FL, for the Potable Water Well Restoration Project, increasing the amount by $10,485 for a new total of $370,558 and increases the contract time to 300 days (PW) Agreements, Deeds & Easements - Accepted. ITEM #33 - Sanitary Sewer Lien Agreement - 1505 Winchester Road (Corkery) 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 - Contract for Structural Demolition (Kravas Building & East End buildings) to Caladesi Construction, Largo, FL, for 27,090 (PW) The Community Redevelopment Agency (CRA) owns property located at 616-626 Cleveland Street (S.R.60) commonly known as the "Kravas Building". This property contains approximately 5,900 sq.ft. of building area consisting of a large retail store structure (6 contiguous storefronts) constructed of timber, masonry and steel. It is intended this structure be demolished and the site be leveled and seeded to expedite the site development of a proposed new vehicle parking area. This includes both clean fill material for $600 and demolishing the building for $11,800 for a total of $12,400. The CRA has authorized the City to act as its agent for this contract. The City also owns various properties located north of Court Street, south of Pierce Street, west of Missouri Avenue and east of Greenwood Avenue. This area is commonly known as the "East End". These properties contain 11, approximate 1,000 sq.ft. wood frame house structures. It is intended these structures be demolished and the sites be leveled and seeded to facilitate development of the East End project. This includes both an Asbestos Survey with associated sample lab analysis for $940 and demolishing the 11 house structures for $13,750 for a total of $14,690. The available balance in CRA code #188-07000-560600-552-000 is sufficient to provide the $12,400 needed for the property located at 616-626 Cleveland Street. In addition, the available balance in the Land Acquisition-Phase II code #315-94413-560600-519-000 is sufficient to provide the $14,690 needed for the properties located at the East End project site. Housing Inspectors inspected the eleven house structures near the City Hall Annex. They reported two of the structures could be rehabilitated. The cost of rehabing these two units is estimated at $15,000 to $20,000 each. The other nine structures are damaged to the point where rehabilitation is not economically feasible. Two citizens spoke in opposition to razing the Kravas building due to its historical value. It was felt there was not enough traffic on Cleveland Street to warrant using this land for parking. It was pointed out the property was bought by the City to have visible parking on Cleveland Street to aid in revitalization of downtown. Commissioner Fitzgerald moved to award a contract for structural demolition of the Kravas Building and East End Buildings to Caladesi Construction of Largo for the sum of $27,090. The motion was duly seconded and upon the vote being taken, Commissioners Fitzgerald, Berifeld and Deegan and Mayor Garvey voted "aye;" Commissioner Hodges voted "nay." Motion carried. OTHER ITEMS ON CITY MANAGER REPORT ITEM #34 - Revised "Penny for Pinellas" 1% Optional Infrastructure Sales Tax project list (AS) The original "Penny for Pinellas" infrastructure project list was approved by the Commission in 1989, and revised in January of 1991 and February of 1992, along with minor revisions in infrastructure projects which were incorporated in the adoption of the Capital Improvement Budget for fiscal years 1991/92 and 1992/93. There has been no change to the projected revenue estimates at this time. Projected revenues reflect approximately a 2% growth rate, and remain the same as last year's estimates. All proposed changes are included in the amendments to the Capital Improvement Program in the 1992/93 first quarter budget review. A number of new projects are proposed such as: a) ADA Intersection Improvements - Funding in the amount of $1,000,000 has been proposed to fund the improvements which must be performed at various intersections throughout the City; b) East-West Bike Trail - Funding in the amount of $250,000 has been proposed to fund the planningn and construction of a recreation path to connect the Pinellas Trail with the City's existing east/west recreational trail; c) Community Center - Funding in the amount of $1,230,000 is proposed in FY93/94 and 94/95 for the purpose of constructing an Adult Recreation Center to replace the City Hall Annex auditorium; d) Mandalay Sidewalks - Funding in the amount of $125,000 is proposed to continue existing sidewalk improvments on both sides of the street between Marianne Street and Baymont Street; e) Coopers Bayou Park - Funding is proposed in the amount of $100,000 in FY97/98 to develop a passive park consisting of a parking lot and picnic area at Cooper's Bayou; f) McMullen Tennis Complex - Proposed funding in the amount of $150,000 in FY97/98 for the construction of handball courts at the McMullen Tennis Complex; g) Sand Key City Park - Proposed funding of $70,000 in the current fiscal year to remove concrete pilings existing on the property and $300,000 in FY95/96 for the development of a neighborhood park; and h) Bridge Utility Relocation - Funding in the amount of $2,000,000 is proposed in FY96/97 to provide for the relocation of all utilities for the new Clearwater Pass Bridge. Major Changes in Priorities are: 1) The Highland Avenue Widening project has been rescheduled as a first priority. First quarter budget amendments will reflect the transfer of other funding to this project to provide funds for initial planning and right-of-way acquisitions; 2) It is proposed the Drew Street Widening project be scheduled in FY95/96 instead of FY93/94, in accordance with the timing for the need for the funds. This will allow the Highland Avenue project to be expedited by a shift in funds; 3) The inifrastructure funding for the Landmark Drive project has been reduced from $3,500,000 to $2,000,000 and postponed until FY1999/2000. The purpose of this project had been to provide access to a proposed school, which has now been postponed; 4) It is proposed the widening of Missouri Avenue be postponed until FY96/97 and funded with $1,000,000 of infrastructure tax; and 5) Proposed funding for a community recreation center building with parking for the Countryside area has been increased from $500,000 to $1,200,000 and the funding of this facility has been rescheduled to FY93/94 and 94/95 rather than FY95/96 as is currently scheduled. Tina Wilson, Budget Director, reviewed the new projects proposed, the major changes in priorities of projects already approved and proposed changes to infrastructure projects. Referring to the increase in funding for the Countryside Community Center, a question was raised if any norm or typical plan is used in making a determination regarding what a community center should include. It was pointed out the original funding for this center was $1 million; however, the project was cut back to $500,000 two years ago due to a request for funds for Clearwater Beach. Discussion ensued in regard to there being no norm to follow as every community has different needs and the $1.2 million figure is an estimate for setting the budget. It was noted there has been citizen proposals on what to include in the center. In response to a question, it was indicated there are no definite plans for the center at this time; however, these should be ready in late spring or early summer. Commissioner Hodges moved to approve the revised "Penny for Pinellas" 1% Optional Infrastructure Sales Tax project list. The motion was duly seconded. Two citizens expressed concern regarding increasing the funding for the Countryside community center before preparing plans for the center. A representative of the North Clearwater Chamber of Commerce said it is unrealistic to consider building a center for $500,000 and indicated a formal presentation on this center will be forthcoming. A citizen spoke regarding a need for a multi-purpose civic center indicating a preference for the Maas Brothers site. He referred to a survey citing a desire for public use. Questions were raised regarding what was included in the Countryside lights project. Upon the vote being taken, Commissioners Berfield, Fitzgerald and Hodges and Mayor Garvey voted "aye;" Commissioner Deegan voted "nay." Motion carried. ITEM #35 - 1st Quarter Budget Review (AS) This budget review is based on three months activity (October, 1992 through December, 1992) in this fiscal year, and although in some instances variances have been noted in revenues and expenditures, some amendments are not proposed until additional data can be analyzed. General Fund expenditures reflect a net increase of $593,035 in the Non-Departmental division representing transfers to the Capital Improvement Fund to provide funding in the amount of $454,135 for the ADA Transition Plan and the reappropriation of $20,000 for outdoor canopies for the Shuffleboard Club roof, which was approved in the FY 1991/92 Parks and Recreation operating budget, but charged to a capital project in error; to provide a transfer of $34,900 to the Special Program Fund for emergency repairs to the Maas Brothers building which was previously approved by the Commission; and $84,000 for the provision of trolley service from the beach to downtown, which was previously approved by the Commission. This increase in General Fund expenditures is made possible by the use of the Unappropriated Retained Earnings of the General Fund. No amendments to the Utility fund revenues or expenditures are proposed at this time. The mid-year budget review will include an amendment to account for the utility deposit legal settlement. The Bridge fund reflects the transfer of $45,249 to the Capital Improvement Fund to provide funding for the supplemental agreement to the David Volkert contract for additional geotechnical engineering testing for the bridge construction project as approved by the Commission on January 21, 1993, and $10,566 to the capital project for the ADA Transition Plan as approved by the Commission on December 17, 1992. The Marina fund reflects the transfer of $96,895 to the capital project for the ADA Transition Plan to provide funding for ADA improvements at the marina as approved by the Commission on December 17, 1992. The Parking fund reflects the transfer of $32,378 to the capital project for the ADA Transition Plan to provide funding for ADA improvements at the parking garages and the life guard station approved by the Commission on December 17, 1992. The approved 1992/93 operating budget for the Pier 60 Fund reflected only revenues and expenditures for three months of operation anticipating the closing of the Pier for construction in January 1993. It is now anticipated construction will be delayed until at least April 1993, and the first quarter budget amendments reflect the continued operation of the Pier through March of 1993. The budget amendments of the Administrative Services and General Services funds reflect the reappropriation of funding which was approved by the Commission during the latter part of FY 1991/92, but was not spent in the prior year. The Garage fund reflects the transfer of $5,226 to the capital project for the ADA Transition Plan to provide funding for ADA improvements at Fleet Maintenance as approved by the Commission on December 17, 1992. A budget increase of $9,170 in the Employee Relations division of the Central Insurance Fund reflects the provision of communications material and additional consulting fees related to the employees health insurance contract renewal. These expenditures have also been previously approved the Commission. The amendments to the Capital Improvement program total a net increase of $2,389,798. The revisions to the "Penny for Pinellas" project listing have been incorporated in the first quarter review of the Capital Improvement Program. All other capital project increases have been previously approved by the Commission. The mid-year budget review will update any additional financial changes whether acted upon or proposed. Budget Director Tina Wilson reviewed the first quarter amendments indicating all were previously approved in the operating budget. She said that construction of Pier 60 has been delayed until April and reviewed the summary of new projects which were included in the "Penny for Pinellas" listing approved on February 18, 1993. Commissioner Fitzgerald moved to approve the First Quarter Budget Review - Amended City Manager's Annual Budget Report. The motion was duly seconded and upon the vote being taken, Commissioners Berfield, Fitzgerald and Hodges and Mayor Garvey voted "aye;" Commissioner Deegan voted "nay." Motion carried. First Reading Ord. #5345-93 - Operating The City Attorney presented Ordinance #5345-93 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5345-93 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Hodges and Garvey. "Nays": None. First Reading Ord. #5346-93 - Capital Improvement Projects The City Attorney presented Ordinance #5346-93 for first reading and read it by title only. Commissioner Hodges moved to pass Ordinance #5346-93 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Hodges and Garvey. "Nays": None. ITEM #36 - Declare as surplus for subordination to the FDOT the City's easement rights and interest in 1 parcel of land (118.05) lying along S.R.580, between Countryside Blvd. and McMullen Booth Rd.; Res. #93-9 authorizing City officials to execute subordination of utility interests documents with FDOT (PW) The FDOT is proposing to widen S.R.580 between Countryside Boulevard and Kendale Drive. They propose to start construction in fiscal year 1993/94. Inasmuch as they propose to widen the road to six lanes, they will need to obtain additional right-of-way from several property owners along S.R.580. The City has various easements on part of the parcels of land needed by the FDOT. In order to facilitate this project, the FDOT is requesting the City subordinate its easement rights and interest in these parcels. The Commission has previously approved city subordinations of easements on 34 other parcels to the FDOT for this road improvement project since April 2, 1992. The subordinations contain provisions for the FDOT to pay to have the City's facilities relocated if necessary to prevent construction conflicts. Commissioner Berfield moved to declare as surplus for subordination to the FDOT, the City's easement rights and interest in 1 parcel of land (118.05) lying along S.R.580, between Countryside Boulevard and McMullen Booth Road and to authorize City officials to execute subordination of utility interests documents with FDOT. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #93-9 and read it by title only. Commissioner Fitgerald moved to pass and adopt Resolution #93-9 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Hodges and Garvey. "Nays": None. ITEM #37 - Municipal Code Enforcement Board - 1 appointment (CLK) Commissioner Hodges moved to appoint Peg Rogers. The motion was duly seconded and carried unanimously. ITEM #38 - Other Pending Matters - None. CITY ATTORNEY REPORTS First Reading Ordinances ITEM #39 - Ord. #5347-93 - Relating to the Clearwater Downtown Development Board; amending Secs. 2.147 and 2.148 Concerns were expressed regarding eliminating the requirement for two nominees per vacancy, allowing the board to appoint to fill a vacancy caused by other than term expiration and the Chair being able to cancel meetings without the consent of others. The City Clerk said the Downtown Development Board will address these concerns at their meeting of February 22nd. The City Attorney indicated the immediate concern regards the filling of vacancies. The proposed amendment regarding votes allowed can be addressed in a separate ordinance. The City Attorney presented Ordinance #5347-93 for first reading and read it by title only. Commissioner Berfield moved to pass Ordinance #5347-93 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Hodges and Garvey. "Nays": Deegan. Motion carried. Resolutions ITEM #40 - Res. #93-10 - urging the Florida Legislature to support establishing a trust fund for modernization of municipal records management The City Attorney presented Resolution #93-10 and read it by title only. Commissioner Berfield moved to pass and adopt Resolution #93-10 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Hodges and Garvey. "Nays": None. ITEM #41 - Other City Attorney Items - none. ITEM #42 - City Manager Verbal Reports - none. ITEM #43 - Other Commission Action Commissioner Berfield questioned if the Commission wanted to discuss the Pinellas Trail. There was concern no report from the County has been provided. A suggestion was made the City Manager notify the County of the Commission's desire to explore alternate routes. The City Manager is to obtain a report from the County. Commissioner Deegan requested information regarding the denial of some of the variances requested by Tom Sehlhorst. Concern was expressed those requests were based on staff recommendations to Sehlhorst and that staff recommended denial to the Development Code Adjustment Board. James Polatty reported options were presented to Mr. Sehlhorst with no guarantees of approval; Mr. Sehlhorst may have misinterpreted options as recommendations. ITEM #44 - Adjournment The meeting adjourned at 9:50 p.m.