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03/21/1996 (2) , ' , ..... 1-' , . ','" '," . '.' ~ '.' , " .....",.............-9".4,.">.:;;. ~.. r "."t. . >_ ,,' ' . ,~.~ . ...L' "'" .rl...." , ,,--...., ! Ie COMMISSION City Commission Minutes . , Date , (:::J , -1- / / CfS- '0 . . , . ~ < I ',. .' '." . '.'.. t ... f 1.. ,'!':' .:,. ""'\ CITY COMMISSION MEETING CITY OF CLEARWATER March 21, 1996 Present: Rita Garvey Sue A. Berfield Fred A. Thomas J. B. Johnson Robert Clark Elizabeth M. Deptula William C. Baker Pamela K. Akin Scott Shuford Rich Baier Cynthia E. Goudeau Patricia O. Sullivan Mayor ICommissioner Vice-Mayor ICommissioner Commissioner Commissioner Commissioner City Manager Assistant City Manager City Attorney Central Permitting Director Engineering Director City Clerk Board Reporter The Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation was offered by Pastor David Smith of Faith United Church of Christ. The Mayor led the Pledge of Allegiance. To provide continuity for research, items are 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 Barbara Green and Shirley Moran presented Clearwater a Lifetime Achievement Award in appreciation for the City allocating CDBG funds to establish a dormitory to shelter the homeless at EverYbody's Tabernacle Homeless Emergency Project. ITEM # 5- Presentations a) Marine Advisory Board ~ Annual Report Bill Stephan, Chair of the MAS (Marine Advisory Soard) presented the annual report. During the past year, the board addressed issues such as changing swim marker buoys to pilings, proper wake zone signs, etc. The MAS was asked to serve as the Coastal Management Task Force. Their special report is ready to be presented. The MAS opposed spending tax funds for beach renourishment. The board unanimously supports retaining the floating dock at the Sailing Center to provide access for the disabled. The board encourages the Sailing Center to continue doing an excellent job meeting special needs. Mr. Stephen thanked Harbormaster Bill Held far his support and assistance. \,J mcc03b.96 1 03/21/96 ......., b) Results of Citizen Survey of Parks & Recreation Department by USF Interns Crystalyn Rosene reported the project began two years ago to determine ways to increase resident usage of Parks & Recreation facilities. The group spent a year familiarizing themselves with the facilities and several months developing the survey. By the end of Summer 1995, the Parks & Recreation Board, City Manager, and the interns' USF professor approved the survey. Of 37,000 surveys mailed in December's utility bill, 1,650 were returned, a return rate of 4.46%. Each five question survey was hand coded and loaded into a computer program: 1) %s of the respondents indicated they use Parks & Recreation facilities; 2} 44% recommended more advertising regarding the facilities: 31 25% had partiCipant cards and most without cards did not know about them; 4) leisure activities are most popular, followed by cultural activities, educational activities, water sports and games; and 5) 63% would request a favorite activity be offered. A misprint on question #5 confused respondents. Jennifer Biondi said each survey provided space for comments which are listed in the report. Many residents do not use Parks & Recreation facilities because they are not aware the facilities exist. Some expressed concern regarding safety issues in the parks including locked bathrooms and transients. Some questioned the fees' purpose. Suggestions were made for the facilities to offer activities outside working hours. Many like the facilities and programs the way they are and recommended no changes. A number of people commented the City is doing a wonderful job. ,1., r:'4.nf1) Heather Rayder said the report's main recommendation is to increase advertising of Parks & Recreation facility schedules to provide residents with information regarding what is available. The report also recommends making participant cards easier to obtain. Currently, the cards are available in only two locations during weekends. The Mayor thanked the interns and noted the survey will be helpful to staff. She recommended including the date parks were visited in the section describing park conditions. Ms. Rosene said that is possible. The City Manager thanked the students for their hard work. ITEM #6 - Aooroval of Minutes Commissioner Berfield moved to approve the minutes of the regular meeting of March 7, 1996, and the special meeting of February 26, 1996, a5 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 Albert Sakev reported the final PST A agreement with the Jolley Trolley includes all the items requested. He thanked the Commissioners for their unanimous support. Jeralne Burt requested assistance in obtaining an occupational license that had been denied her. She planned to open a teen club on North Greenwood Avenue. The City Manager will review the situation. ; .....;; mcc03b.96 2 03/21/96 '. ' . . " .. j , 4 . . .' ;. ,. . . . -...., Anne Garris thanked the Commission for its accomplishments during the last three to six years. Sheila Cole requested restoring Memorial Causeway with more tropical plants and flowers in the same way it was previously landscaped. She said the causeway affects economic development and tourism. John Doran invited everyone to support the Downtown Marketplace. PUBLIC HEARINGS ITEM #8 - Public Hearina & First Readina Ords. #5989-96 & #5990-96 - Land Use Plan Amendment to Commercial General & CG Zoning for property located at 401 S. Belcher Rd., Sec. 18-29-16, M&B 23.11 (Gorry Staring I Natalie Moyles, Trustee, LUP96-01, 296- 02) The City Manager reported the March 8, 1996, letter from Thomas C. Nash, II, attorney for the applicant. requested continuing this item to April 18, 1996. Commissioner Thomas moved to continue this item until April 18, 1996. The motion was duly seconded and carried unanimously. ITEM #9 - (Cont'd from 03/07/96) Variance(s) to Sign Requlations for property located at 715 S. Gulfview Blvd., Bayside Shores, Blk 0, Lots 1 & 2 together with accreted land to L:(~ south (Lane Clearwater limited Partnership / Holiday Inn Sunspree Resort, SV96-04) The property, on the southwest corner of South Gulfview Boulevard and Gulf Boulevard, is zoned Resort Commercial 28. The applicant is requesting: 1) an area variance of 151 square feet tram the permitted 37.5 square feet to allow an auxiliary sign structure with an area of 188.5 square feet and 2} a setback variance of five feet to allow an auxiliary sign zero feet from the South Gulfview Boulevard rightMof-way. The variances are requested to allow the existing sign structure at the East entrance to remain. The City did not issue a permit for the structure. The requested variance is five times the code allowance and a substantial deviation from code. Variances of this size are not considered minimum and normally are not recommended for approval by staff. Staff feels special circumstances exist to support the requested area variance for the auxiliary sign structure: 1) the sign is low to the ground. Dense landscaping adjacent to the right-of-way softens the sign's appearance and diminishes its visibility from the right-at-way; 2) the area of the sign structure and absence of a setback do not divert attention from properties with conforming signs and do not adversely affect the appearance of Clearwater beach or the City; 3) the area of the sign structure affects traffic safety and aesthetics little different than fences or walls built in proximity to the right-at-way, in many locations in the City; and 4) strict enforcement of the code would cause a hardship for the applicant that would be great in comparison to the benefit for the public. I~ mcc03b.96 3 03/21/96 :. _ ~. .. . ' '.' .' ' 4-, . ' . . ..' , . . . .r:~ <, . ...., Dan Benda, representative for Holiday Inn Sunspree, verified photographs of the property presented him by Mr. Shuford. Mr. Benda said the Holiday Inn replaced 520 square feet of signage with 136 square feet. In answer to a question, he indicated he was not counting the Olympus Gym sign. Commissioner Berfield moved to approve the following variances: 1) an area variance of 151 square feet from the permitted 37.5 square feet to allow an auxiliary sign structure with an area of 188.5 square feet, and 2) a setback variance of five feet to allow an auxiliary sign zero feet from the street right-of-way, on property identified as Bayside Shores, Block 0, Lots 1 and 2 together with accreted land, for meeting Sec. 45.24 Standards for Approval, items (1) - (4), subject to the following conditions: 1) The existing temporary signs shall be removed; 2) a sign permit shall be procured within 30 days; 3) the applicant shall pay a triple fee for the sign permit; and 4) that by maintaining a sign within the street setback pursuant to this variance, the owner and applicant agree that no governmental agency shall be liable for the cost of relocating or removing the sign in the event the property is acquired by eminent domain for road widening or any other public purpose. The motion was duly seconded. Commissioners Berfield, Johnson, Clark and Mayor Garvey voted "Aye"; Commissioner Thomas voted "Nay.1t Motion carried. Commissioner Thomas voted against the request because he believes signs should not be built without permits. ITEM #10 - Variance(s) to Sian Regulations for property located at 2770 Regency Oaks Blvd., Sec. 5-29-16, M&B 21.00, 21.01 & 21.02 (Regency Land Partnership c/o Johnson I.~~ Ezell Corp. I Regency Oaks, SV96-07) This property, on the West side of Soule Road North of Sunset Point Roadf is zoned Residential Planned Development. The applicant requests a 9.3 square foot area variance to allow a 13.3 square foot directional sign. The variance is requested to permit the existing directional sign at the entry drive to remain. Staff feels special circumstances support approval. The sign's visibility from the public street is diminished because it is approximately 160 feet back from the right-of-way. The sign is positioned for primary viewing from the private entry drive, not the public right-of-way. The sign functions as a directory sign. In nonresidential zoning districts, 20 square foot directory signs are permitted. The multifaceted use of this property makes this directory sign appropriate despite the zoning. Strict enforcement of the code in this case would not provide any specific public benefit. This sign does not detract from properties and conforming signs and does not adversely affect the City's appearance. Kelly Johnson, representative for the applicant, verified photographs of the property presented him by Mr. Shuford. Mr. Johnson said the sign directs motorists on the property's interior loop road. Commissioner Thomas moved to approve a variance of 9.3 square feet to allow a 13.3 square foot directional sign on property identified as Sec. 5-29-16, M&B 21.00, \~ mcc03b.96 4 03/21/96 , ',J' , . ' I. .' " . .~ :.. ~ 21.01, and 21.02 for meeting Sec. 45.24 Standards for Approval. items (1) - (4). The motion was duly seconded and carried unanimously. ITEM #11 - Variance{s) to Sign Reaulations for property located at 1871 Gulf to Bay Blvd.. Brookside Sub., Lot 34 (J. C. Weaver I Clearwater Bagel. SV96-08) The applicant has requested a variance of one freestanding sign to permit two such signs and a variance of 396 square feet to permit replacement of a 60 square foot freestanding sign where a maximum of 64 square feet of freestanding sign area is allowed. This property, on the South side of Gulf-ta-Bay Boulevard, West of Clearwater High School, is zoned General Commercial (CG). The variance is requested to replace a sign erected in May 1993, pursuant to SV 93-11. City code interpretation allowed the sign to be erected without considering the billboard. This provision was in effect untll January 19. 1996, the end of the amortization period for billboard-sized signs on Gulf-topBay Boulevard. A car destroyed the subject sign after January 19. Staff feels special circumstances support approval. The sign was legally erected consistent with code interpretations. The sign. destroyed by an errant vehicle, cannot be replaced under the same code interpretation. Had it been destroyed weeks earlier. replacement would be permitted. \ ~.,~) Mr. Shuford said staff recommends approval of the variance as long as 3M has made a commitment to remove the billboard within a reasonable time. The property owner was contacted and is not willing to obtain a bond. estimated at $100. for the billbaard1s removal. Brian Morris. the a pplicant and representative for the property owner. verified photographs of the property presented him by Mr. Shuford. Mr. Morris distributed pictures of the sign shortly after the accident destroyed it. He said when the original sign was erected, the businesses observed the condition requiring them to remove box signs. He said the whole issue revolves around the amortization of the billboard. He noted he has little control over the actions of 3M or the property owner. In answer to a question, the City Attorney said staff anticipates a draft agreement with 3M shortly. She did not think Mr. Morris could take out a bond for the billboardls removal because he does not control the billboard. Commissioner Thomas said Mr. Morris had a permitted sign before the vehicle destroyed it. He felt the billboard company should be held responsible. He recommended allowing the small business owner to replace his sign. In answer to a question, Mr. Morris said he is paying for the sign. Other tenants can advertise on the sign if they contribute to its cost. Commissioner Thomas moved to approve: 1) a variance of one freestanding sign to permit two such signs; and 2~ a variance of 396 square feet to permit replacement of a 60 square foot freestanding sign where a maximum of 64 square feet of freestanding sign area is allowed on property identified as Lot 34 Brookside Sub. for compliance with Sec. 45.24 Standards for Approval. items (1) - (4), subject to the following condition: The y mcc03b.96 5 03/21/96 , . -I' '. . '~" . I,' I, T(.' .- .\ other freestanding sign on the property shall be removed by March 1, 1999. The motion was duly seconded. Commissioner Johnson questioned why staff had recommended Mr. Morris require a bond. Mr. Shuford said staff wanted assurances the billboard sign will be removed by 1999. The City Attorney said 3M has indicated they are willing to take down certain signs prior to 1999. Staff has requested this be one of those signs. The Mayor expressed concern regarding the billboard and noted the City can legally pursue its removal. Upon the vote being taken, the motion carried unanimously. ITEM #12 - Variance(s) to Sign ReQulations for property located at 400 Mandalay Ave., Sec. 8-29-15, M&B 23.01 (John S. Taylor 1111 Double Tree Resort Surfside, SV96~06) This property, on the West side of Mandalay Avenue, North of Marianne Street, is zoned Resort Commercial 28. The applicant is requesting a 201.5 area variance from the permitted 56 square feet to allow attached signs with an area of 257.5 square feet. The variance is requested to place large signs near the building's roof-line oriented to motorists on the Memorial Causeway, northbound motorists on S. Gulfview Boulevard, and those on the public beach South of the property. The proposal is for 1 61 .5 square feet of attached signs on the South building face and 96 square feet on the East building face. .~.~. t~,.".,.,) Staff recommends approval of a variance of 145.6 square feet to allow 201.6 square feet of attached signs consisting of 126 square feet on the South building face and 75.6 square feet on the East face. Special circumstances concerning this recommendation include: 1) the DoubleTree Resort Surfside is the largest hotel on Clearwater beach; 2) the property is at the intersection of two major thoroughfares; 31 the property does not qualify for a permitted 125 % increase because Marianne Street is not a major thoroughfare West of Mandalay Avenue; and 4) the property does not qualify for a 50% increase for signs located 100 feet above grade because the proposed sign will only be approximately 70 feet above grade. Mr. Shuford said the applicants are willing to comply with staff recommendations and modified their request to drop "Resort" and "Surfside" from the sign. They feel they need the DoubleTree symbol which is 20 square feet larger than staff supports. Harry Cline, representative for the applicant, verified photographs of the property presented him by Mr. Shuford. He introduced the property's general manager, Gordon Cooper, and sign contractor, Thomas A. pauletti. Jr. He said staff has recommended 201 square feet but his client is requesting 211 square feet. He said the property is a destination resort for tourists. The hotel firm has a long name. He said the size letters requested are no larger than most and are important for legibility. He said staff's recommendation would result in smaller letters. DoubfeTree headquarters in Phoenix approved removing "resort" and IISurfsidell from the signage. He noted the building sits at the end of SR 60 near the'causeway. It is important for approaching motorists to identify the building before reaching the property so they can maneuver into the correct lane. He said letters on Barnett Bank are four feet high. The applicant is proposing three foot \..) mcc03b.96 6 03/21/96 ~' , .' '. .,) . I' .' " ... : ," .......... letters. He said the request is consistent with the community and meets code requirements, Commissioner Thomas moved to approve a variance of 155.6 square feet from the permitted 56 square feet to allow attached signage with an area of 211 .6 square feet on property identified as Sec. 8.29~25, M&B 23.01, for meeting Sec. 45.24 Standards for Approval, items (1) - (4), subject to the following condition: no additional signage will be erected on the property. The motion was duly seconded and carried unanimously. ITEM #13 - Public Hearina - Vacating various allevs in Pine Crest Sub., subject to all the vacated alleys being retained full width as drainage & utility easements (City, V96-03A) This City-initiated, neighborhood-wide, alley vacation request is for an area bounded by Drew Street, Myrtle Avenue, Greenwood Avenue and Palmetto Street based on Commission direction. Engineering Services recently received several alley vacation requests in this area. Staff feels grouping the vacation requests together would save considerable time and money. Area residents believe fencing in their part of the vacated alleys would help eliminate pedestrian traffic and illegal activities along the rear of their properties. This vacation wlll further restrict vehicular and pedestrian access through this neighborhood. The City has existing utility services within the alleys. , \ ......ri Local utilities have no objections provided utility easements are retained full width over the vacated alleys. Engineering Services has no objections to vacating a portion of the alleys and the City Engineer recommends approval subject to retaining the alleys full width as drainage & utility easements. Other appropriate City departments/divisions have no objections. Commissioner Thomas moved to approve the City's request to vacate the following alleys in Pine Crest Subdivision: all of the North/South alleys in Blocks 1, 6, 9, & 10; all of the East/West alleys in Blocks 1, 2, 5, 6, & 11; that portion of the North/South alley lying West of Lots 1 , 2, & 3 and East of Lot 8 and that portion of the North/South alley lying West of Lot 14, and East of Lots 15, 16, & 17, all being in Block 2; that portion of the North/South alley lying West of Lots 3 & 4, and East of Lot 5, in Block 11; and the following alleys in Plaza Park Addition Subdivision, the East/West alley and that portion of the North/South alley lying East of Lots 3. 4, 5, & 6 and West of the South 45 feet of Lot 7 and West of Lot 11, all being in Block D, subject to all the vacated alleys being retained full width as drainage & utility easements. The motion was duly seconded and carried unanimously. ITEM 1114 - Public Hearina . Recommended denial of City's request to vacate north/south alley in Blk 3, Pine Crest Sub. (City, V96.03Bl This City.initiated, neighborhood-wide, alley vacation request is for an area bounded by Drew Street, Myrtle Avenue, Greenwood Avenue and Palmetto Street based on Commission direction. v mcc03b. 9 6 7 03/21/96 , . ..., . . " .' " II"" > I , '. . . ... ',' -', Engineering Services recently received several alley vacation requests in this area. Staff feels grouping the vacation requests together would save considerable time and money. Area residents bell eve fencing in their part of the vacated alleys would help eliminate pedestrian traffic and illegal activities along the rear of their properties. This vacation will further restrict vehicular and pedestrian access through this neighborhood. Ann Capshaw I owner of four lots abutting the alley, wrote a letter expressing concern regarding activities in and about the alley. Engineering Services objects to vacating this alley because it is used for vehicular traffic. Due to the alley's narrow condition, it appears the business owner to Ms. Capshaw's North accesses the alley from Palmetto Street and exits on Nicholson Street. Local utilities have no objections provided utility easements are retained full width over the vacated alleys. The City Engineer concurs with Engineering Services' recommendation to not include this alley with those suggested for approval within the North Greenwood area. Ms. Capshaw said she owns Deacon's corner. She read from a letter she wrote concerning her desire to have the alley closed. She said drug traffickers use the alley and the problem is increasing. She is unable to patrol the alley. She recommended erecting poles to limit traffic from entering the alley. She noted the alley is constructed of shell and dirt. i '\ , -..I The Mayor referred to a letter from Arthonia Godwin, President of Godwin Interiors, Inc., who requested the alley remain open to retain access to the business' warehouse entrance. The Mayor suggested the City may be able to vacate a portion of the alley. She requested staff obtain additional information regarding Godwin Interiorts needs. Ms. Capshaw indicated her business comprises three of the four lots she owns. She said she , would be willing to not have the alley vacated behind one of her lots. Staff will review the situation and report back to the City Commission. Commissioner Clark moved to continue this item until April 4. 1996. The motion was duly seconded and carried unanimously. ITEM #15 - Public Hearing & First Reading Ord. #6008-96 - Vacating W 5' of 10' Drainage & Utility Easement lying along E side of Lot 90, Woodgate of Countryside Unit Two (Hawley, V96-04) The applicant is requesting to vacate the West 5 feet of the 10 foot drainage and utility easement lying along the East side of Lot 90, Woodgate of Countryside - Unit Two. The applicant proposes to construct a swimming pool and concrete deck that will encroach 5 feet into the existing 10 foot easement. The City has no existing utilities within the alley. All City departments/divisions concerned with this request have reviewed the petition and have no objections. Local utilities have no objections. The City Engineer recommends approving the applicant's request. Commissioner Johnson moved to approve the applicant1s request to vacate the West 5 feet of the 10 foot Drainage and Utility Easement lying along the East side of Lot }~ mcc03b.96 8 03/21/96 , ~ .l~ ".' . 90, Wood gate of Countryside - Unit Two. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance 1/6008-96 for first reading and read it by title only. Commissioner Berfield moved to pass Ordinance #6008-96 on first reading. The motion was duly seconded and upon roll call, the vota was: "Ayes": Berfield, Thomas, Johnson, Clark and Garvey. "Nays": None. ITEM #16 - (Cont'd from 03/07/96) Public Hearing & First Readina Ords. #5983-96 8r. #5984-96 - Annexation & IL Zonina for property located at 2050 Sunnydale Blvd., Clearwater Industrial Park, part of Lot 2 (Tuthill Corp. / Hansen Plastics Division, A96-03) - It was indicated this item is to be withdrawn as annexing this property will create an enclave. Commissioner Thomas moved to withdraw this item. The motion was duly seconded and carried unanimously. ITEM 1/17 - Public Hearina & First ReadinQ Ords. #5993-96 & #5994-96 - Annexation & OL Zoning for property located at 19,20 Soule Rd., Sec. 5-29-16, M&B 24.05 & Robinwood Sub., Blk B, Lots 2 & 3 (dePeul School for Dyslexia, Inc., A96-04) ~,'.~) The applicant requested annexation and proposed zoning of Limited Office (OL) for 1920 Soule Road to obtain sewer service. The applicant wishes to construct a one-story professional office building on this vacant land. On February 20, 1996, the PPC {Pinellas Planning Council} recommended approval to the Countywide Planning Authority to assign this Land Use Plan Category to the applicant's property. The present Land Use Plan Classification is Residential Low. On March 5, 1996, the Planning & Zoning Board unanimously endorsed the request. Jim Graham, representative for the applicant, said the property ~riginallv was purchased to build a small school for 50 students. A 5/000 square foot professional office building now is planned. Commissioner Berfield moved to approve the Petition for Annexation and Zoning Atlas Amendment to Limited Office "Ol" for M&B 24~05 in Section 5-29S-16E and Lots 2 & 3, Block B, Robinwood Subdivision. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5993-96 for first reading and read it by title only. Commissioner Johnson moved to pass Ordinance #5993-96 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson, Clark and Garvey. i-wl mcc03b.96 9 03/21/96 ".~. " . <"" . - '\ tlNays": None. The City Attorney presented Ordinance #5994-96 for first reading and read it by title only. Commissioner Thomas moved to pass Ordinance #5994-96 on first reading. The motion was duty seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson, Clark and Garvey. "Nays": None. ITeM #18 - Public Hearina & First Readina Ords. #5995-96 & #5996-96 - Annexation & RS-8 Zoning for property located at 1933 Summit Dr., Skyline Groves Sub., Lot 93 (Richard K. & Wanda J. Graham, AS6-06) The applicant requested annexation and proposed zoning of Single-Family Residential "Eight" for 1933 Summit Drive to obtain sewer service. On March 5, 1996. the Planning ,& Zoning Board unanimously endorsed the request. Commissioner Clark moved to approve the Petition for Annexation and Zoning Atlas Amendment to Single-Family Residential "Eight" (RS-8) for Lot 93, Skyline Groves Subdivision. The motion was duly seconded and carried unanimously. ~........~ I \ ,,--,,' The City Attorney presented Ordinance 1f5995~96 for first reading and read it by title only. Commissioner Berfield moved to pass Ordinance #5995-96 on first reading. The motion was duly seconded and upon roll call, the vote was: tlAyesll: Berfield, Thomas, Johnson, Clark and Garvey. "Nays": None. The City Attorney presented Ordinance #5996-96 for first reading and read it by title only. Commissioner Johnson moved to pass Ordinance #5996-96 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson, Clark and Garvey. "Nays": None. ITEM #19 ~ Public Hearing & First ReadinCl Ords. #5997-96 & #5998-96 - Annexation & OL Zoning (Parcel #1). IL Zoning (Parcel 1121 for property located on the N & S corridor of Landmark Dr., Parcel #1 - Dellwood Heights Sub., Blk A, Lots 1 & 2 together with abutting r~o-w to W of Lot 1, Parcel #2 - Sec. 9-29-16, M&B 23.021 (City, A9S-07) The applicant requested annexation and proposed zoning of Limited Office (OL) for Parcel #1 and Limited Industrial (IL) for Parcel #2 for property located on the North and South corridor of Landmark Drive to bring City owned property located in the v mcc03b.96 10 03/21/96 , " '. '" ," i' , . Iii > . > ,-" ' , " " '" . ";:"\ ,- ' ",- unincorporated County inside City limits. On March 5, 1996, the Planning & Zoning Board unanimously endorsed the request. Commissioner Thomas moved to approve the Petition for Annexation and Zoning Atlas Amendment to Limited Office (OL) for Parcel #1 for Lots 1 & 2. Block A, Oellwood Heights Subdivision together with the abutting right-af-way to the West of Lot 1, and Zoning Atlas Amendment to Limited Industrial for M&B 23-021 in Section 9-29S-16E for Parcel #2. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5997-96 for first reading and read it by title only. Commissioner Thomas moved to pass Ordinance #5997~96 on first reading. The motion was duly seconded and upon roll call, the vots was: nAyes": Barfield, Thomas, Johnson, Clark and Garvey. "Nays": None. The City Attorney presented Ordinance #5998-96 far first reading and read it by title only. Commissioner Clark moved to pass Ordinance 115998-96 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson, Clark and Garvey. "Nays": None. . "~) ( ~_"~t~ ITEM #20 - Public HearinQ & First Readino Ords. #5999-96 & #6000-96 - Annexation & IL Zoning for property located at 1701 N. Hercules Ave., Sec. 12-29~15, part of M&B 12.0 11 (City. AS6-09) The applicant requests annexation and proposed zoning of Limited Industrial (ILl for 1701 North Hercules Avenue to bring City owned property located in the unincorporated' County inside the City limit. On March 5, 1996. the Planning & Zoning Board unanimously endorsed the request. Commissioner Berfield moved to approve the Petition for Annexation and Zoning Atlas Amendment to Limited Industrial (IL) for Portion of M&B 12-011 in Section 12-295- 15E. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5999-96 for first reading and read it by title only. Commissioner Berfield moved to pass Ordinance #5999-96 on first reading. The motion was duly seconded and upon roll call. the vote was: "Ayes": Berfield, Thomas, Johnson, Clark and Garvey. "Nays": None. y mcc03b.96 1 1 03/21/96 , I. , '. . _ '~ ,\. . . . I' . r. w. The City Attorney presented Ordinance 116000-96 for first reading and read it by title only. Commissioner Johnson moved to pass Ordinance 116000-96 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson,.Clark and Garvey. "Nays": None. Commissioner Thamas question if other City-owned property needs to be brought into City limits. The City Manager said staff will review City-owned properties regarding this issue. ITEM #21 - (Cont'd from 03/07/96) Public Hearinq & First Reading Ord. #5970-96 ~ Amending Sec. 42.21, to provide for improved clarity concerning the application of landscaping and parking standards for nonconformities (LDCA95-241 Staff identified the need to clarify the Land Development Code's nonconformity section to ensure misunderstandings do not occur regarding changes of use of properties. Staff wants to ensure that parking and landscaping standards are upgraded in conformance with the applicable code sections, regardless of whether or not existing nonconformities exist on the property. t:''''"} ".,..,,Io~~ Additionally, during discussion of Downtown Plan amendments, it was noted height is a nonconformity that potentially affects the intensity of a land use. Since other existing intensity levels (FAR and density) are "grandfathered,t' it is logical to extend that same privilege to height nonconformities. This was added to the ordinance. The Planning & Zoning Board and Development Code Adjustment Board unanimously recommended approval. The Planning & Zoning Board recommended a further clarification to change "appraised value of the property" to "appraised value of improvements to the property." Staff originally agreed with this recommendation but has reconsidered the impact and no longer supports the change. The ordinance, as presented tonight. does not incorporate this language. Commissioner Johnson moved to approve the Land Development code amendment clarifying the nonconformity section. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5970.96 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance 115970-96 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Barfield, Thomas, Johnson, Clark and Garvey. "Nays": None. v mcc03b.96 12 03/21/96 .. ' '~. . ~ .., , . .... ' t . ',' -... ITEM #22 - Public Hearina & First Readina Ord. #5908-95 ~ Amending/Creating Sees. 42.26(6) to allow fences enclosing swimming pools up to 4' high within waterfront sEJtback areas and street r-Q-W setbac k areas (LDCA9 5-1 61 Fences, enclosing swimming pools in waterfront or street right-of-way setback areas, are allowed a maximum height of 42 inches. Insurance industry standards require fences around swimming pools to be four feet high. The Development Code Adjustment Board recommended amending the code to allow the additional six inches of height as a matter of right. Last Fall, the Planning & Zoning Board and Development Code Adjustment Board approved the proposed ordinance. Commissioner Thomas moved to approve the land Development Code amendment increasing the allowable height for fences which enclose swimming pools and are located in waterfront or street right-of-way setback areas. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5908-95 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance #5908-95 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson, Clark and Garvey. ;'. ItNays": None. "~) Public Hearing - Second Reading Ordinances ITEM #23 - Ord. #5963-96 - Amending Sec. 42.06, to provide for revised requirement for transfers of development rights (LDCA95-23) The City Attorney presented Ordinance #5963-96 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5963-96 on second and final reading. The motion was duly seconded and upon roll call. the vote was: "Ayes": Berfield, Thomas, Johnson, Clark and Garvey "Nays": None. ITEM #24 - Ord. #5970-96 - See ITEM 1121 ITEM #25 - Ord. #5971-96 - Amending Sees. 35.11, 41.053 & 41.171 - LDCA establishing zoning standards for police substations lLDCA96.01) Community-based policing is an increasing trend in law enforcement and often requires establishing temporary or longer-term police substations in various neighborhoods. This ordinance provides a mechanism to establish temporary or permanent police substations in any zoning district in the City. The ordinance adds police substations to the definiti on of OJ utility facility/' esta blishes conditional use permit standards for police v mcc03b.96 13 03/21/96 ..... <. . d I II . . , . . x"-- '-", substations, and provides for approval of temporary police substations as temporary uses. The Planning & Zoning Board and Development Code adjustment Board unanimously recommended approval of this ordinance. The City Attorney presented Ordinance 1/5971-96 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #5971-96 on second and final reading. The motion was duly seconded. Commissioner Berfiold questioned the actions of the PPC. Mr. Shuford said the PPC is comfortable with the City covering PPC concerns in a subsequent amendment. The PPC has been advised of City intent. He will provide a letter addressing that issue. Upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson, Clark and Garvey "Naysl1: None. ITEM #26 - Ord. #5972.96 - Amending Secs. 35.11, 40.424, 40.434, 40.444, 40.464, 40.474, 40.593, 40.523 & 41.053 - lDCA establishing "Research and Technology Production Uses" (lOCA96-02) ~ :"il'.~,\ I,.,.,..,) Mr. Shuford recommended continuing this item until April 18, 1996, after the PPC considers rule changes. He estimated this issue will not be ready for City Commission discussion until Mayor June 1996. He said there seems to be general agreement that the County wishes to recognize this type of facility. The City of PineJlas Park has expressed interest in broadening land uses. He said PPC Executive Director David Healey has a clear idea of the' Phase Two type of high tech development the City is proposing. This item on April 18, 1996, will be for information only. Commissioner Clark moved to continue this item until April 18, 1996. The motion was duly seconded and carried unanimously. ITEM #27 - Ord. #5974-96 - Annexation for property located on the east side of Landmark Dr., Sec. 33~28~16. M&B 22.0111 (City I Richard Baier, A95-29) The City Attorney presented Ordinance #5974~96 for second reading and read it by title only. Commissioner Thomas moved to pass and adopt Ordinance 1/5974-96 on second and final reading. The motion was duly seconded and upon roll call, the vote was: II Ayes": Berfield, Thomas. Johnson. Clark and Garvey "Nays": None. ITEM #28 - Ord. #5975~96 - RS-6 Zoning for property located on the east side of landmark Dr.. Sec. 33.28~16, M&B 22.0111 (City I Richard Baier. A95-291 \~ mcc03b. 9 6 14 03/21/96 " """ Tha City Attorney presented Ordinance 115975-96 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5975-96 on second and final reading. The motion was duly seconded and upon roll call. the vote was: "Ayes": Berfield. Thomas. Johnson. Clark and Garvey "Nays": None. ITEM #29 - Ord. #5985-96 - Annexation for property located at 1501 Stevenson Dr., Stevenson's Heights. elk D. Lot 5 (James L. Waters. TRE & Zonald E. Waters. A9S-0S) The City Attorney presented Ordinance 115985-96 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #5985-96 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Barfield, Thomas. Johnson. Clark and Garvey "Nays": None. ITEM #30 - Ord. #5986-96 - RS~8 Zoning for property located at 1501 Stevenson Dr.. Stevenson's Heights, Blk D. Lot 5 (James L. Waters, TRE & Zonald E. Waters, A96-05) .",...~..~ The City Attorney presented Ordinance 115986,-96 for second reading and read it by title only. Commissioner Clark moved to pass and adopt Ordinance 115986-96 on second and final reading. The motion was duly seconded and upon roll call. the vote was: \ .,--,,' "Ayes"; Berfield, Thomas, Johnson, Clark and Garvey "Nays": None. iTEM #31 - Ord. #5987-96 - Annexation for property located at 1301 Woodbine St., Pine Ridge Sub., Blk C, Lot 9 (James L. Waters, TRE. A96-0S) The City Attorney presented Ordinance #5987-96 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5987-96 'on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson, Clark and Garvey "Nays": None. ITEM 1132 . Ord. #5988-96 - RS-B Zoning for property located at 1301 Woodbine St., Pine Ridge Sub., Blk C. Lot 9 (James L. Waters, TRE, A96-0B) The City Attorney presented Ordinance #5988-96 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #5988-96 on second and final reading. The motion was duly seconded and upon roll call, the vote was: y mcc03b.96 15 03/21/96 .. . . .' .. I . t . / ... ;J;,~:' ,oJ., . ',," "Ayes": Berfield. Thomas. Johnson. Clark and Garvey "Nays": None. IIEM #3;3 - Ord. #5991-96 - Amending Sec. 35.11. to establish a definition for convention center (LDCA96-03) The City Attorney presented Ordinance 115991-96 for second reading and read it by title only. Commissioner Thomas moved to pass and adopt Ordinance #5991-96 on second and final reading. The motion was duly seconded and upon roll call. the vote was: "Ayes"; Berfield, Thomas, Johnson, Clark and Garvey "Nays": None. ITEM #34 - Ord. #6002-96 - requiring lobbyists to register and providing for annual reporting of expendit':.lres The City Attorney presented Ordinance #6002.96 for second reading and read it by title only. Commissioner Thomas moved to pass and adopt Ordinance #6002-96 on second and final reading. The motion was duly seconded and upon roll call. the vote was: "Ayes": Berfield, Thomas, Johnson, Clark and Garvey I,::' "Nays": None. ITEM 1135 - Ord. #6003-96 - Amendiny the Operating Budget for Fiscal Year ending 9/30/96 The City Attorney presented Ordinance #6003-96 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #6003-96 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson. Clark and Garvey "Nays": None. ITEM #36 - Ord. #6004-96 - Amending the Capital Improvement Program Report and Budget for Fiscal Year ending 09/30/96 The City Attorney presented Ordinance #6004w96 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #6004-96 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson, Clark and Garvey ~~ mcc03b.96 16 03/21/96 \ . .~. ,','. \ ,. ."" "Nays": None. ITEM #37 - Ord. #6006-96 - Amending franchise agreement with Time Warner Entertainment-Advance/Newhouse Partnership to extend the term of the franchise for a period of 3 months, ending 05/01/96 The City Attorney presented Ordinance 1/6006-96 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #6006-96 on second and final reading. The motion was duly seconded and upon roll call, the vote was~ "Ayesll: Berfield, Thomas, Johnson, Clark and Garvey "Naysll: None. ITEM #38 - Soecial Items of widesoread Dublic interest a) Memorial Causeway Bridge - Res. #96-28 - stating the City's intent concerning the replacement of the Memorial Causeway Bridge; requesting the FOOT to reduce the scope of the scheduled repair project The City Attorney presented Resolution #96-28 and read it by title only. Commissioner Thomas moved to pass and adopt Resolution 1196-28 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: " 'A) t, 1(~ "Ayes": Berfield, Thomas, Johnson, Clark and Garvey IINaysll: None. The Commission recessed from 8:02 to 8:21 p.m. Commissioner-elect Karen Seel expressed concerns the City may commit to funding the new bridge. Sheila. Cole said the Clearwater Beach Chamber of Commerce applauds this action. She noted small businesses would have been most severely affected had the bridge repairs lasted almost a year as originally planned. She recommended the City Commission explore all avenues for funding. Fred Becum, president of the Island Estates Civic Association, referred to a letter to the City Commission formally stating their concerns regarding the impact of extended bridge closures. He felt this proposal greatly allays members' fears. He said constructing a high-rise bridge on Memorial Causeway should be the City's top priority. The Mayor indicated the resolution states Commission intent to build a new bridge in four to five years. The City is requesting FOOT (Florida Department of Transportation) to reduce repairs to a minimum. ''''''; mcc03b.96 17 03/21/96 " ' .. . "'.. . ' ~ ., . ~ "'f'" '" CITY MANAGER REPORTS CONSE~T AGENDA (Items 1/39-48) - Approved as submitted ITEM #39 - Declare oersonal orocerty surolus to City needs; authorize disposal through Tampa Machinery Auction, Tampa, FL (FN) ITEM 1140 - Purchase of various aalvanlzed fittings & pipe from Peerless Suooly Comoany, Clearwater, FL, for the period 03/22/96 -03/21/97, at an estimated $73,351.32 (GAS) ITEM #41 - Purchase of television studio equipment & installation from Encore Broadcast Equipment,Sales, Tampa, FL, for $147,655 (1M) ITEM #42 - Confirm aooointment of James H. Moore to the Board of Trustees, Clearwater Police Supplementary Pension Plan (PO) ITEM 1143 - Contract for Pier 60 Park Plavaround Equipment to Park Structures. Inc., Pompano Beach, FL, for $75,000 (PR) , I '....... ITEM #44 - Continue with existing CIP budaet of $30.000 to construct a picnic shelter at the Martin Luther Kina Recreation Complex: direct staff to submit a CIP Project Budaet for consideration In 1996/97 tQ construct an expansion to the City's buildino at Phillip Jones .E'.iu:k in accordance with a request received from The Greenwood Panthers Culture and Sports Organization, Inc. (PR) ITEM #45 - Sub-Lease Agreement with Charlie Cole Auto Mall. Inc., to sub-lease a portion of Blk 4, Sarah McMullen's Sub., providing for 27 parking spaces, for the period 04/01196- 01/31/97, for total rent of $ 2,700 (EN) ITEM #46 - The 1996 Sidewalk Contract to MTM Contractors. Inc., St. Petersburg, FL, for $549,986.30 (EN) ITEM 1147 . Approve 3 additional full time equivalent (FTE) Police Service Technician positions to provide security at City Hall and the Municipal Services Building, for $41,434 (eM) ITEM #48 - Sanitary sewer lien aqreement - 1330 Parkwood St., Pine Ridge, Blk A, Lot 18 (LabusHCA) , Regarding Item 1144, Parks & Recreation Director Ream Wilson saId the picnic shelters will be built behind Erwin's Youth Club. Commissioner Thomas moved to approve the Consent Agenda as submitted and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. I......,) mcc03b.96 18 03/21/96 .. .' . . . '. . . . . . .. . . I' ~ . I + " ...., OTHER ITEMS ON CITY MANAGER REPORT ITEM 1149 - First Readina Ord. 116007-96 - Amending Sec. 2.528 to impose a service fee of $ 20 or 5 % of the face amount, whichever is greater, for the collection of a dishonored check, draft or money order (FN) Ordinance 114944-90 set the current dishonored check service fee at $15. Florida Statute 827.07 provides for a $20 dishonored check service fee or an amount up to 5% of the face of the check, whichever is greater. Staff expends more than $15 in time and expense trying to collect dishonored checks. Commissioner Johnson moved to approve the recommended changes to Section 2.528 dishonored check, service fee of the City Code. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6007-96 for first reading and read it by title only. Commissioner Berfield moved to pass Ordinance #6007-96 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas. Johnson, Clark and Garvey. "Nays": None. I,..~) ITEM 1150 - Res. #96.19 & Res. #96-20 - approving Sovereign Submerged lands Use Agreements (UA-52-164 & UA-51-174) with the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida (GAS) CGS (Clearwater Gas System) has completed installing subaqueous natural gas main within the FOOT right-ot-way tor SR 688 (Walsingham) crossing the Intracoastal Waterway from Largo to Indian Rocks Beach under Sovereign Submerged Lands Use Agreement No. UA-52-164. The project was completed in December 1995. The system improvement provides CGS with a two-way feed from Clearwater to Indian Rocks Beach. Sovereign Submerged land Use Agreement No. UA-51-1 74 is tor the installation of a subaqueous 6-inch natural gas main within the FDOT right-at-way for US19 (SR 55) crossing the Pithlachascotee River in Pasco County to serve the City at Port Richey. Commissioner Thomas moved to approve Sovereign Submerged Lands Use Agreements UA-52-164 and UA-51-174 with the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida for two waterway crossings for the Clearwater Gas System and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #96-19 and read it by title only. Commissioner Thomas moved to pass and adopt Resolution #96-19 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: \.,) mcc03b.96 19 03/21/96 ".'f~" ",q' " -... lOAyes": Berfield, Thomas, Johnson, Clark and Garvey UNays": None. The City Attorney presented Resolution #96-20 and read it by title only. Commissioner Berfield moved to pass and adopt Resolution #96-20 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Barfield, Thomas, Johnson, Clark and Garvey "Nays": None. ITEM 1151 - Mutual Aid Aoreement between City of Clearwater Police Department and The Division of Alcoholic Beverages and Tobacco of the State of Florida Department of Business and Professional Regulation to increase law enforcement effectiveness of each agency during "Spring Break" in Clearwater, for the period 03/01/96 -04/30/96 and every year thereafter during the same time period until the year 2000; Res. #96-23 - authorizing execution of the mutual aid agreement (POI 1,"'-) ~, During prior "Spring Breaks, lO local ABT (Division of Alcoholic Beverages and Tobacco of the Florida Department of Business and Professional Regulation) agents assisted Clearwater Police with violations to alcoholic beverage laws. The legislature recently repealed the statue conferring broad arrest powers on ABT agents. The Mutual Aid Agreement will restore to ABT agents the power to arrest for many misdemeanors for which the agents would otherwise lack authority. The City Manager, City Attorney, and Chief of Police recommAnrt i'lrlnrtion of thij:; i'lQrAAmpnt Commissioner Berfield moved to approve a Mutual Aid Agreement between the City of Clearwater Police Department and the Division of Alcoholic Beverages and Tobacco of the State of Florida Department of Business and Professional Regulation and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #96-23 and read it by title only. Commissioner Johnson moved to pass and adopt Resolution #96-23 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Barfield, Thomas, Johnson, Clark and Garvey "Nays": None. ITEM #52 - Welcome Center at Memorial Civic Center - clarification of direction (eM) v mcc03b.96 20 03/21/96 "\ The City Manager requested clarification on direction provided at the March 18, 1996 Work Session. The Mayor said the City Commission had agreed to continue discussion until the next Work Session to provide newly elected Commissioners the opportunity to be part of the decision. Commissioner Thomas said the Commission needs to consider the BTC (Beach Tourism Council) (now the Clearwater Beach Chamber of Commerce) had offered to run the Welcome Centor and pay the City $1,000. Consensus was to discuss this with the new Commission. ITEM #53 - (Cont'd from 03/07/961 Develooment Code Adiustment Board - 1 appointment (eLK) Commissioner Thomas moved to appoint William Kirbas. The motion was duly seconded. Mayor Garvey recommended appointing someone who had not served on boards previously. Upon the vote being taken, Commissioners Berfield and Thomas voted "Aye"; Commissioners Johnson and Clark and Mayor Garvey voted "Nay." Motion failed. Commissioner Johnson moved to appoint Roberte Pratt. The motion was duly seconded. Commissioners Berfield, Johnson, and Clark and Mayor Garvey voted" Aye"; Commissioner Thomas voted "Nay." Motion carried. <:) ITEM #54 - Other PendinQ Matters - None. CITY ATTORNEY REPORTS ITEM #55 - First Reading Ordinances a) Ord. #6001-96 - Vacating north/south alley lying between Lots 11, 12, 13, the S 1/2 of Lot 14 and Lots 2, 3, 4, and S 1/2 Lot 1, E. A. Marshall's Sub. (Discount Auto, V96.021 The City Attorney presented Ordinance # 600 1-96 for first reading and read it by title only. Commissioner Berfield moved to pass Ordinance 1/6001-96 on first reading. The motion was duly seconded and upon roll call, the vote was: t1Ayestl: Berfield, Thomas, Johnson, Clark and Garvey. "Nays": None. ITEM #56 - Resolutions a) Res. #96-18 - Requesting Florida Division of Alcoholic Beverages and Tobacco to issue a special license for alcohol consumption on-premises only to the Harborview Center v mcc03b.96 21 03/21/96 . ~ ..' . ~ . . . ., . f , I ........., .' ''\ The City Attorney presented Resolution #96-18 and read it by title only. Commissioner Thomas moved to pass and adopt Resolution #96-18 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: IIAyesll: Berfield, Thomas, Johnson, Clark and Garvey IINayst.: None. b} Res. #96-22 - Assessing property owners the costs of having mowed or cleared owners' lots The City Attorney presented Resolution 1196-22 and read it by title only. Commissioner Berfield moved to pass and adopt Resolution #96-22 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: IIAyestt; Berfield, Thomas, Johnson, Clark and Garvey "Nays": None. ITEM 1/57 - Other City Attornev Items (~) a) Consideration of policy re proclamations Ed Dorhman commended Commissioner Thomas' proposal to amend policy. He did not feel favoring any sector of society should be prohibited. He expressed concern regarding overt discrimination against those with European heritage and noted history's proof of the accomplishments of those of European ancestry. Commissioner Thomas said his request was not to recognize European heritage but to state proclamations are open to everyone. Commissioner Johnson questioned if this action is necessary. The Mayor reviewed proclamations issued during the past year and noted the list's diversity. The only proclamations that are refused are those sent by the Federal government with a return request. Commissioner Thomas felt this Policy Statement establishes guidelines the Mayor and City Manager must follow. Commissioner Thomas moved to amend Policy Statement CC--1 0 regarding Proclamations by adding liThe City of Clearwater will consider issuing proclamations from all segments of the community without regard to gender, race, ethnicity or handicap. II The motion was duly seconded. Commissioner Berfield said only one sentence was added, clarifying the City will consider issuing proclamations from all segments of the community. This change establishes current practice in writing. She said the press has blown this issue out of proportion. t....) mcc03b.96 22 03/21/96 I , " ' " Upon the vote being taken, Commissioners Barfield, Thomas, Johnson, and Clark voted "Aye"; Mayor Garvey voted JtNay." Motion carried. Robert Mouzon Survivor Benefits The City Attorney said according to the Charter, the City Attorney needs to come forward to the Pension Trustees regarding the PAC.s (Pension Advisory Committee) decision to have the courts resolve conflicting claims regarding Survivor Benefits from the estate of Robert Mouzon, deceased. The City will 'act as an inter-pleader. Commissioner Berfield moved to approve the City's inter-pleader action when the court resolves conflicting claims regarding Survivor Benefits from the estate of Robert Mouzon, deceased. The motion was duly seconded and carried unanimously. Gilfovle vs. Clearwater \ The City Attorney noted the City Commission had previously approved outside counsel for the case, Gilfoyla vs. Clearwater. She reported she had selected outside counsel, Bavol, Bush and Cisco. Commissioner Berfield moved to approve hiring outside counsel, Bavol, Bush and Cisco for the case, GiUoyle vs. Clearwater. The motion was duly seconded and carried unanimously. () ITEM #58 - City ManaQer Verbal Reoorts Passover The City Manager reported a resident has requested the April 4, 1996, City Commission be canceled as it coincides with Jewish Passover. The Charter requires new Commissioners be sworn in on the first Thursday in April. The Mayor noted the Commission schedule could be seriously disrupted if every religion.s holy days were observed. Commissioner Thomas recommended the April 4, 1996, meeting be held as scheduled. No action taken. ITEM #59 - Other Commission Action Commissioner Johnson noted the City's agreement with GFS (Globe Facility Services, Inc.) and Questioned why the City Commission needs to approve the caterer contract. He suggested GFS should be responsible for those negotiations. The City Attorney said the Commission must approve the caterer's contract because the term of the caterer.s contract extends beyond the end of GFS's agreement. Commissioner Thomas said the GFS contract stated the City Commission would approve the catering contract. Commissioner Barfield Questioned if minutes, reported missing in a letter from Mr. Stowell, have been located. The City Clerk indicated they have not, but staff is continuing v mcc03b. 9 6 23 03/21/96 ,~; . 11~k.l ..,.. ~.. ~ ~r', :.:,)!.~:'<,;(,:: '.":',~~"'~ m'~~~: ~ ,1:\'<',,"~. _ '. "" ~ < . \.0 + '.: I;.; ," . , .', .... '. ..:.\ :,,"{:'<":;'-', .':~Y;,~)r o to look for them. Commissioner Thomas questioned the legal ramification if the minutes are not found. The City Attorney felt that issue has no bearing on possible litigation regarding Mr. StoweWs billboard. Mavor Garvev announced Saturday's Downtown Marketplace from 8:00 a.m. to noon. ITEM #60 . Adjournment The meeting adjourned at 9:03 p.m. AT1'EST: (1, A. ~ 2. fL- ,.J}L<lo , ~ City Clerk ~' "~' :t1 " " '\,.) mcc03b.96 24 03/21/96 \:.'