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02/04/1993 CITY COMMISSION MEETING February 4, 1993 The City Commission of the City of Clearwater met in regular session at City Hall, Thursday, February 4, 1993 at 6:00 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 Reverend Bob Anderson of the Calvary Baptist 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 Awards - None. ITEM #4 - Introductions and Awards The Commissioner's Award for a City of Clearwater employee's service to the community was presented to Madra Matthews, Human Resources Department. The Mayor's Award for a Citizen Volunteer to the City of Clearwater was presented to Shirley Hunt. Proclamations: African-American History Month - February 1993. Pinellas Community Involvement in Education Week - February 8-14, 1993. Burn Awareness Week - February 7-13, 1993. ITEM #5 - Presentations A. Howard Groth of the Clearwater Housing Authority presented a check to the City of Clearwater as the City's portion of the rent from the Fulton Street Apartments. ITEM #6 - Minutes of the Regular Meeting of January 21, 1993 A question was raised regarding whether or not the requirement for a written agreement between Dr. Leonard and the Dimmitts was a part of the motion for approval of the Dimmitt vacation request. The Clerk reported the tape had been reviewed and it had not been made a part of the motion. A question was also raised regarding the wording regarding the vote to hire an outside attorney for defense of the sign code. It was stated the wording was correct. It was noted the Clerk had amended Lois Cormier's remarks under Citizens to be Heard. Commissioner Fitzgerald moved to approve the minutes of the regular meeting of January 21, 1993, as amended 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 Bob Clarke stated he was disturbed by what he is reading in the newspapers. Lee Regulski spoke in opposition to the East End proposal. He stated the people do not understand the complexities of the financing and requested the Commission listen to the intelligent, informed public. Anne Garris requested clarification regarding direction for the Kravas lot and it was indicated this will come before the Commission for site plan approval. Robert Wright, president of the Clearwater Coalition of Homeowners, spoke in opposition to the East End project. He questioned from where the Community Redevelopment Agency (CRA) would borrow $2.5 million to purchase property. Joe Evich expressed concern regarding the amount to be paid in attorney's fees for the Pope settlement. He also expressed concern regarding the process of hiring an outside attorney for the sign case. He questioned how many units in the East End proposal would be above/below the $600 average rental rate. Steve Saliga spoke in opposition to the East End project. He requested consideration of a goal to be a "Zero Crime City." PUBLIC HEARINGS ITEM # 8 - Public Hearing & First Reading Ords. #5329-93, #5330-93 & #5331-93 - Annexation, Land Use Plan Amendment to Low Density Residential and RS-8 Zoning for property located at 2200 Manor Blvd. N., Clearwater Manor, Lot 17 (Wickman, Jr. A92-12, LUP92-23)(PLD) The applicant has requested annexation in order to obtain City sewer service. The property is contiguous to the City along its north and south property lines. The area to the east and south of the applicant's property is developed as single family residential. The lot to the east is vacant, is in the County and has a County Land Use Classification of Low Density Residential. The property east of the vacant lot is in the City. The lot to the south is in the City. The office complex to the north is in the City and zoned OPD. The property across Belcher is in the County and is zoned M-1. The section of Belcher between the applicant's property and the M-1 zoned property is the only portion of Belcher in this area which is still in the County. The Public Works Department recommends all of this segment of Belcher be annexed in conjunction with the applicant's property. The proposed land use classification and zoning for the applicant's property are Low Density Residential and RS-8 respectively, the same as the other properties which are in the City. The existing County and Countywide Land Use Classifications of Low Density Residential (5 u.p.a.max.) and Residential low (5.0 u.p.a. max.) are less intense than the proposed City classification of Low Density Residential (8 u.p.a. max.) therefore PPC review will be required. It was noted a letter in opposition has been received from a neighbor. Commissioner Deegan 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 #5329-93 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5329-93 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 #5330-93 for first reading and read it by title only. Commissioner Deegan moved to pass Ordinance #5330-93 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 #5331-93 for first reading and read it by title only. Commissioner Berfield moved to pass Ordinance #5331-93 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 #9 - (Cont. from 1/21/93) Revised Downtown Development Plan - First Reading Ords. #5297-92, #5298-92, #5299-92, #5300-92 & #5302-92 to expand Downtown Development District Land Use Plan classification; First Reading Ords. #5301-92, #5303-92, #5304-92, #5305-92 establishing Urban Center (Eastern Corridor, Core or Bayfront) zoning; First Reading Ord. #5235-92 revising Urban Center zoning district requirements and Res. #92-73 - Accepting Downtown Development Plan and expanding the CRA area (PLD) This item was continued from the December 17, 1992 Commission meeting. Staff has held numerous public hearings and meetings on the proposed Downtown Development Plan. The Commission has held several worksessions to provide staff with direction concerning the plan. As a result of this input, staff has revised the original draft of the Plan to: revise the purpose statement and establish measures of success; restrict expansion of the CRA to two areas in the north and south portions of the Urban Center (Eastern Corridor) district, including deletion of CRA expansion south of Court Street; establish Downtown Development District land use plan classification for areas external to the existing Downtown Development District, including two areas formally referred to as the North/South Core Expansion Areas where zoning will not immediately be changed; and revise the allowable uses for the Downtown in order to minimize nonconformities, while expanding the City's ability to control the more intense allowable uses through the conditional use process. On November 17, 1992, the Planning and Zoning Board unanimously recommended approval of the revised plan subject to the adoption of a Code amendment that would allow nonconforming single family residences to be replaced if damaged or destroyed in excess of 50% of their value. On November 30, 1992, the CRA recommended Commission approval of the CRA expansion by a vote of 3-1. At the February 1st work session, a request was made to delete the proposed amendment of allowing alcoholic beverage sales as a permitted use in the downtown plan. Scott Shuford, Planning Manager, gave a brief presentation on the plan stating the last time the 1977 plan was updated was in 1983. He said the old plan limits flexibility in redevelopment efforts and due to changing market conditions and other factors, the plan is being revisited. The new plan focuses on the strengths of the unique waterfront area and proposes to bring people into the downtown. In response to questions, Mr. Shuford indicated the southern corridor expansion district is being included in the CRA in order to square off the downtown boundaries and to allow for improvements with CRA funds. This area is a support area for the urban core and consists of a mixture of zoning and land uses. Discussion ensued in regard to accommodating the changes proposed and a question was raised if the uses can be expanded without adding this area to the CRA. Mr. Shuford reviewed the accomplishments of the CRA and explained tax increment financing. A citizen, with property in the southern area proposed for land use plan amendment, questioned how he would be affected by the proposed land use change. Mr. Shuford indicated it would not have any immediate affect on this property and the citizens would be notified of future proposed changes. Discussion ensued in regard to advantages and/or disadvantages of the proposed land use change. It was indicated there would be no immediate change, the permitted uses would remain the same, it would be a commitment by the Commission to direct staff to look at expanding the zoning which would allow a wider range of uses in the area and could spur redevelopment. A representative of the Clearwater Clinic Laboratory raised a question regarding the Pinellas Planning Council (PPC) proposing to change the land use plan for the clinic at the corner of Druid and Ft. Harrison to residential urban. Mr. Shuford stated he could not explain this and would get with the County regarding this. A citizen requested the amendment allowing alcoholic beverage sales as a permitted use be deleted and expressed opposition to the extension of Coachman Park to Drew Street. A citizen expressed concern regarding the economic impact on the City's tax base by including the expansion areas into the CRA and questioned what would be accomplished by adopting this plan. He also questioned the current value of the property to be included in the CRA expansion and asked to have this information presented at a public hearing. A citizen asked if the land use is not changed on Jones Street, could the zoning be changed. Mr. Shuford indicated under the consistency plan the zoning could not be changed to allow industrial without a land use plan change. A citizen questioned the advantages of the CRA expansion indicating general fund money could be used for improvements to this area. She opposed allowing alcoholic beverage sales as a permitted use in the downtown and requested the south corridor not be expanded into the CRA. A question was raised regarding page 1 of the plan which said "the plan must indicate land acquisition, demolition, or removal of structures...". It was also questioned whether landscaping should be mentioned. It was indicated the City Attorney has rendered an opinion that this is not needed in the plan and the sentence will be deleted. A question was raised regarding page 29, first paragraph of the plan and it was indicated the added language was to retain the ability to have City Hall in the East End area and ensure the opportunity for several potential uses. It was recommended it be amended to read "could be possible alternatives." A representative of the Calvary Baptist Church spoke in opposition to allowing alcoholic beverages as a permitted use in the downtown expressing concern regarding proliferation of these type of establishments. A citizen questioned whether properties purchased at the East End and listed as accomplishments of the CRA were purchased with general funds. It was indicated all property at the East End had been purchased by the General Fund. He commended elimination of the "wet zone" from the plan indicating the City's control mechanisms, such as the cruising ordinance, have worked well. He indicated the CRA is troubling to the citizens and the proposed expansion looks as though the CRA will continue to exist forever not accomplishing what it was intended to do. A representative of Peace Memorial Church favored withdrawal of allowing alcoholic beverages as a permitted use in the downtown. Discussion ensued in regard to the Commission addressing the overall alcoholic beverage issue in the future and, if the issue of allowing alcoholic beverages in the downtown as a permitted use is reconsidered, there will be an opportunity for public input. A representative of the Suncoast Baptist Association spoke in opposition of alcoholic beverages as a permitted use in the downtown and expressed disappointment that this issue may be reconsidered at a future date. A representative of the Clearwater Coalition of Homeowners said some of the members would like to see the CRA abolished as there have been no visible improvements in Clearwater in the past several years. A citizen said the CRA plan was not accomplishing what had been intended. A citizen indicated the strict codes and ordinances of the City restrict development. He spoke in opposition to the expansion of the CRA, allowing alcoholic beverage sales as a permitted use in the downtown and the East End project. Commissioner Deegan moved to amend the downtown plan by deletion of CRA expansion in the south district. The motion was duly seconded and carried unanimously. The City Manager recommended removal of the northern expansion area. Commissioner Deegan moved to amend the downtown plan by deletion of CRA expansion in the northern district. The motion was duly seconded and carried unanimously. The City Manager requested these two areas also have the Downtown Development District land use plan classification applied to them as had been done for two other proposed areas that have already been excluded from CRA expansion. Commissioner Berfield moved to include the north and south expansion areas in the land use plan of the Downtown Plan. The motion was duly seconded and carried unanimously. The City Attorney reviewed the pages to be revised to amend the Downtown Plan: on page 21, delete fourth sentence beginning with the word "Serving" and ending with the word "site;" on page 22, second paragraph under Zoning Issues, delete third sentence beginning with the word "Deletion" and ending with the word "recommended;" delete first word, fourth sentence, "Also"; change "R" to "r"; on page 23, second paragraph under Linkages, delete the second word, "proposed", in the second sentence; on page 25, first paragraph under Zoning Issues, delete the third sentence beginning with the word "It" and ending with the word "regulations."; on page 28, first paragraph, last sentence under Zoning Issues, add the word "conditional" before the word "uses." and in the second paragraph delete the first sentence beginning with the word "In" and ending with the word "deleted."; on page 29, first paragraph, delete third sentence beginning with the word "Off" and ending with the word "development."; add the sentence "Residential development or government offices would be possible alternative uses to support these retail/entertainment uses."; on page 1, third paragraph under Introduction, delete the third sentence beginning with the word "The" and ending with the word "district."; and correct scrivener's error in figures 11 and 14. Commissioner Berfield moved to accept the revised pages. The motion was duly seconded and carried unanimously. Commissioner Berfield moved to adopt the revised plan as amended. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5297-92 for first reading and read it by title only. Commissioner Berfield moved to pass Ordinance #5297-92 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 #5298-92 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5298-92 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 #5299-92 for first reading and read it by title only. Commissioner Berfield moved to pass Ordinance #5299-92 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 #5300-92 for first reading and read the corrected title only and presented corrected Exhibit A. Commissioner Deegan moved to pass Ordinance #5300-92 as newly submitted 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 #5302-92 for first reading and read it by corrected title only and presented corrected Exhibit A. Commissioner Berfield moved to pass Ordinance #5302-92 as newly submitted 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 #5301-92 for first reading and read it by corrected title only and presented corrected Exhibit A. Commissioner Fitzgerald moved to pass Ordinance #5301-92 as newly submitted 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 #5303-92 for first reading and read it by corrected title only and presented corrected Exhibit A. Commissioner Berfield moved to pass Ordinance #5303-92 as newly submitted 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 #5304-92 for first reading and read it by title only. Commissioner Berfield moved to pass Ordinance #5304-92 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 #5305-92 for first reading and read it by title only. Commissioner Hodges moved to pass Ordinance #5305-92 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Hodges and Garvey. "Nays": None. Commissioner Deegan moved to amend Ordinance #5235-92 on page 2, delete Paragraph (14) from Subsection 135.141(b); on page 4, delete Paragraph (28) from Subsection 135.141(c); on page 4, in Section 135.142(a), reinsert Paragraph (3); and on page 5, in Section 135.142(b), insert the following: (1) Alcoholic beverage sales (consumption on premises). Also for each amendment, renumber subsequent paragraphs. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5235-92 as amended for first reading and read it by title only. Commissioner Deegan moved to pass Ordinance #5235-92 as amended on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Hodges and Garvey. "Nays": None. As a point of clarification, it was noted extending Coachman Park to Drew Street is in the plan as an option; however, no decision has been made. Resolution #92-73 - Accepting the Downtown Development Plan and Expanding the Downtown Community Redevelopment Agency (CRA) Area. Resolution #92-73 was withdrawn. ITEM #10 - (Cont. from 1/21/93) Variances to Sign Regulations for property (Dayton Andrews, Inc.) located at 2388 Gulf-to-Bay, Sec. 18-29-16, M&B 24.05 & 24.06, and Gulf to Bay Estates, Unit 3, Lots 594-597 (Massey Motors, Inc. SV92-26)(PLD) AND ITEM #11 - (Cont. from 1/21/93) Variances to Sign Regulations for property (Lokey Oldsmobile, Inc.) located at 2339 Gulf-to-Bay, Sec. 18-29-16, M&B 31.05, and Lokey F.B.C., Lot 2 (Lokey, McFarland, Flaws & Barnett Banks Trust Co. SV92-44)(PLD) These items were continued from the December 3, 1992 Commission meeting due to 2-2 tie vote. At the December 17, 1992 meeting, they were continued to this meeting at the request of the applicants' attorney. A letter has been received from the applicants' representative requesting a continuance in order to obtain additional data from the Chrysler and Oldsmobile dealerships regarding sign sizes. Commissioner Berfield moved to continue Items #10 and #11 to the regularly scheduled meeting of March 4, 1993. The motion was duly seconded and carried unanimously. ITEM #12 - Alcoholic Beverage Separation Distance Variance for property (Frank & Stein Dogs and Drafts) located at 20505 US19N, Clearwater Mall, Suite 148, Sec. 17-29-16, M&B 32.01 & 32.02 (Trizec Western, Inc/Trizec Properties, Inc AB93-02)(PLD) This item was withdrawn. Public Hearing - Second Reading Ordinances ITEM #13 - Ord. #5326-93 - Vacating 18' north/south alley lying W of Lots 1-5 & E of Lots 6 and 17, Blk 25 of Map of Belleair Sub. (Larry Dimmitt Cadillac V92-23) The City Attorney reported a copy of an agreement between Dr. Leonard and the Dimmitts providing Dr. Leonard access to his medical waste disposal area has been received. The City Attorney presented Ordinance #5326-93 for second reading and read it by title only. Commissioner Deegan moved to pass and adopt Ordinance #5326-93 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 #14 - Ord. #5333-93 - Relating to security alarms, amending Sec. 94.08(2) to delete requirement to renew permits annually The City Attorney presented Ordinance #5333-93 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5333-93 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. It was noted alarm permit holders will be notified annual renewal will no longer be required. ITEM #15 - Ord. #5334-93 - Relating to the City Code of Ordinances; adopting and enacting a new code; providing for repeal of certain ordinances not included therein The City Attorney presented Ordinance #5334-93 for second reading and read it by title only. Commissioner Deegan moved to pass and adopt Ordinance #5334-93 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. A note was made of the Code Company's thanks to staff for their assistance in this republication. CITY MANAGER REPORTS CONSENT AGENDA (Items #16-28) - Approved as submitted less Item #17. Bids & Contracts - Awarded. ITEM #16 - Contract to remove & replace concrete basketball courts at Morningside Recreation Complex & Marymont Park to Oakhurst Construction Co., Inc., Seminole, FL, for $47,085 (PR) ITEM #17 - See page 12 ITEM #18 - Professional Engineering Services Work Order with Camp, Dresser & McKee, Inc. for the completion of Marshall Street South Interceptor Replacement Project - Phase II, for $172,900 (PW) ITEM #19 - Purchase of 2 additional channels for a Traacs 800 Random Access Automated Chemical System for WPC Laboratories from Bran & Luebbe Inc., Buffalo Grove, IL, for $30,309 (PW) ITEM #20 - Professional Construction Engineering Services Work Order with Briley, Wild and Associates, Inc., for the Northeast Wastewater Residuals Handling Facility, for $274,000 (PW) Citizens & Staff Requests - Approved. ITEM #21 - Appoint Commissioner Deegan to represent the Commission as the Canvassing Board re: 3/9/93 Municipal Election (CLK) ITEM #22 - McIntyre v. Whitacre, et al. (Hire outside counsel - Paul Meissner)(CA) ITEM #23 - Authorization to bring third-party action against David Argaman re: Painter v. City (CA) Plans & Plats - Approved. ITEM #24 - Preliminary Site Plan for Mt. Olive AME Church located on Hart Street between Railroad Avenue & North Garden Avenue, Jones' Sub. of Nicholson's Addition to Clearwater Harbor, Blk 4, Lots 2 & 5 (Mt. Olive AME Church)(PLD) Authorize the DRC to approve the final site plan subject to: 1) The applicant shall provide a Landscape Plan to the Public Works/Environmental Management Division for final approval prior to certification; 2) The applicant shall request four variances: a variance to allow 43 parking spaces where 72 are required; a variance to the front and rear setbacks; and a variance to the eastern perimeter landscaping requirement; and 3) The applicant shall request a conditional use to permit non-commercial parking in a general commercial (CG) zoning district. Receipt & Referral - Received & Referred. ITEM #25 - Land Use Plan Amendment to Public/Semi-Public and P/SP Zoning for property located at 2965 C.R.193, part of SE 1/4 of Sec. 5-29-16, M&B 41.06 & 41.08 and review of extension of Landmark Drive (Oak Leaf Ltd. LUP93-01, Z93-01)(PLD) ITEM #26 - IL Zoning for property located at 2144 Calumet Street, Clearwater Industrial Park, Lot 10 less W 430' thereof (City Z93-02)(PLD) Agreements, Deeds & Easements - Accepted. ITEM #27 - Sanitary Sewer Lien Agreement - 2310 Anna Ave. (Knott) ITEM #28 - Sanitary Sewer Lien Agreement - 1906 Ashland Dr. (Foderingham) Commissioner Fitzgerald moved to approve the Consent Agenda as submitted less Item #17 and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #17 - Contract to renovate bathhouse at Morningside Recreation Complex to Par Builders II, Inc., Largo, FL, for $185,000 (PR) This contract will provide interior and exterior renovations to the Morningside Pool Bathhouse Building which was constructed over 20 years ago and does not meet current standards for public pools. Specifically, it does not meet ADA requirements for the physically disabled, the traffic pattern does not allow for participants to pass through the showers prior to entering the swimming pool, and, because of age, the plumbing fixtures, etc. require constant repair. Also, as reported through complaints by residents, a clean and sparkling appearance can not be accomplished through routine maintenance. According to this contract, the entire interior of the building with the exception of the pump room will be gutted to accommodate the new design. A CIP budget of $125,000 for the "Morningside Pool Bathhouse" (3264) was approved by the Commission for 1992/93 which included professional fees as well as the estimated cost of renovation. The estimated budget was provided by Myers, Plisko, and Ott Architects, Inc. who were contracted to design the renovations and to prepare the construction drawings. Four bids were received on this project with PAR Builders II, Inc. being the lowest and most responsive bidder at $185,000. While this bid is considerably over budget, it is staff's recommendation the project go forward. According to the architect, several factors not originally anticipated probably contributed to the project exceeding the original budget. These include new ramps, exterior walkways, steps, handrails, and a concrete paved area with brickpavers which connects the pool and the renovated bathhouse. When completed, the project will be attractive, of good quality, serviceable, vandal resistant, and it will provide convenient disabled patron access. It will be inviting to use and will add value to the property and surrounding area. Of the $125,000 budget, approximately $7,077 has been expended or encumbered for architectural fees, advertisements, etc. leaving a balance of $117,923. This balance, when applied to the contract cost of $185,000, leaves a shortfall of $67,077. Staff recommends this shortfall plus a contingency of $2,000 be funded as follows: Transfer of Recreation Facility Impact Fees $ 10,681.00 Transfer of Recreation Facility Interest $ 10,301.42 Transfer of Moccasin Lake Park balance (3252) $ 1,357.71 Transfer of Norton Pool renovation balance (3265) $ 12,000.00 Transfer tennis court/parking lot resurfacing (3229) $ 34,736.87 $ 69,077.00 The mid year budget review will include an amendment to transfer these funds from their existing codes into the Morningside Pool Bathhouse code (3264). Concern was expressed at the work session regarding the bid being considerably over budget. Discussion ensued in regard to reducing the cost and direction was given for an administrative change order to reduce the cost by using acoustical tile in the storage room and classroom and by reducing the size of the letters for the directional sign to 1 inch. Commissioner Fitzgerald moved to approve awarding the contract to Par Builders II, Inc. to renovate the bathhouse at the Morningside Recreation Complex for $185,000. The motion was duly seconded and carried unanimously. OTHER ITEMS ON CITY MANAGER REPORT ITEM #29 - First Reading Ord. #5324-93 - Establishing City's Reclaimed Water System utility (PW) The City supplies reclaimed water for irrigation of four existing properties in the Northeast area. Irrigation of these four sites was accomplished in conjunction with other wastewater system improvements as part of the City's efforts to reduce groundwater consumption and to reduce the amount of treated wastewater discharged into Tampa Bay. The City is constructing a new reclaimed water pipeline and pumping facilities to supply reclaimed water in the western parts of the city, with initial service to be provided to the Clearwater Country Club. Operation of the new reclaimed water pipeline and pumping facilities requires the City obtain a new permit from the Florida Department of Environmental Regulation (FDER). Prior to issuing the required permit, FDER requires the City adopt a Reclaimed Water Ordinance, similar to that proposed. The Reclaimed Water Ordinance is intended to ensure continued city compliance with other federal and state regulations and requirements, and with good reclaimed water system management methods. Staff has prepared the proposed ordinance based on ordinances previously approved by FDER and effectively implemented by other communities in Florida. Adoption of the proposed ordinance will formally establish the existing reclaimed water system operations as a codified city activity and provide a reasonable management basis for serving existing and future reclaimed water customers. A point of discussion at the work session on Monday was the prohibition against installing new irrigation wells or "rehabilitating existing irrigation wells" where reclaimed water distribution facilities are available. Staff has agreed that monitoring the repair of existing wells would be difficult to the point of impossibility because repair work is done often and easily and for less than the minimum value above which building permits are required. It has been recommended the City simply preclude the installation of new wells, for which SWFWMD permits are required, and not attempt to limit repair work to existing systems. Commissioner Fitzgerald moved to approve the establishment of the City's reclaimed water system utility in compliance with federal and state regulations and requirements. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5324-93 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5324-93 on first reading. The motion was duly seconded. Concern was expressed some of the language was strong and indicated use of reclaimed water was mandatory. Commissioner Deegan moved to amend Ordinance 5324-93 on page 1, Sec. 32.351, first sentence, change the word "maximize" to "establish"; on page 3, Sec. 32.354, first sentence, change the word "provided" to "available"; on page 6, Sec. 32.370, delete subsection (2) and renumber (3) to (2). The motion was duly seconded and carried unanimously. Commissioner Berfield moved to pass Ordinance 5324-93 as amended 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 #30 - Airport Authority - 1 appointment (CLK) Commissioner Hodges moved to appoint Charles Silcox. The motion was duly seconded and carried unanimously. ITEM #31 - Development Code Adjustment Board - 2 appointments (CLK) Commissioner Hodges moved to reappoint Alex Plisko. The motion was duly seconded and carried unanimously. Commissioner Hodges moved to appoint Joyce Martin. The motion was duly seconded and carried unanimously. ITEM #32 - Other Pending Matters - None. CITY ATTORNEY REPORTS First Reading Ordinances ITEM #33 - First Reading Ord. #5344-93 - relating to utilities; amending the schedule of fees, rates and charges relating to gas service; authorizing provision of gas service at a discounted rate upon approval of a service agreement by the City Manager The City Attorney presented Ordinance #5344-93 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5344-93 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Hodges and Garvey. "Nays": None. Periodic reports on usefulness were requested. ITEM #34 - Other City Attorney Items - None. ITEM #35 - City Manager Verbal Reports - None. ITEM #36 - Other Commission Action Commissioner Fitzgerald advised the St. Petersburg Times will be submitting information regarding a municipal advertising rate of $13/inch to Pinellas County Mayors When provided, a report will be prepared comparing these rates with the Tampa Tribune. Commissioner Hodges expressed appreciation for quick response regarding the Moonlight Program at Martin Luther King Center. Commissioner Berfield requested the status of obtaining an attorney to assist in the East End agreement. It was reported names are being considered. Commissioner Deegan noted the postponement of Dunedin Pass input. He requested a report regarding the Stevenson's Creek project. It was reported the City Manager has requested a hold on consideration of the permits until information regarding alternatives can be evaluated and presented to the Commission. Mayor Garvey questioned if anyone would be interested in serving on the Bullet Train Regional Committee. Additional information was requested. ITEM #37 - Adjournment The meeting adjourned at 9:55 p.m.