10/03/1996 (2)
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COMMISSION
City Commission Minutes
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ACTION AGENDA - CLEARWATER CITY COMMISSION MEETING
Thursday, October 3, 1996 - 6:00 P.M. - Chambers
1. Invocation
2. Pledge of Allegiance
3. Service Awards
4. Introductions and Awards
5. Presentations:
a) Historic Preservation Board - Annual
Report
6. Approval of Minutes - Regular Meeting
9/19/96 & Special Meeting 9/10/96
(Downtown Projectsl
7. Citizens to be heard re items not on the Agenda
1. None.
2. Mayor.
3. None.
4. Proclamation:
Fire Prevention Week - 1 0/6-1 2/96
2 city workers from Clearwater's Sister City,
Nagano, Japan, introduced themselves and
thanked the Mayor, Clearwater & its citizens.
5. a) Report received.
6. Approved as submitted.
Harry Silcox apoligized for "losing his cool" at the last meeting. Expressed concerns improvements at
the airpark have been delayed.
John Doran, representing the Clearwater Beach Association, invited people to attend the 10/23/96
Association Town Meeting at which the commuter rail proposal will be discussed. Announced the
Association's Octoberfest on 10/26/96 from 4 to 8 p.m.
t\(~~oe Evich requested an answer to his concerns regarding the relocation of water meters being a taking
, . of his property.
PUBLIC HEARINGS
8. Public Hearing & First Reading Ord. #6083-
96 - Vacating N 25' & S 25' of the W 75' of
Saber Drive r-o-w between Lot 20, Blk D, and
Lot 1, Blk G, on plat of Countrypark Sub.,
subject to it being retained as a drainage,
utility easement (City, V96-09HEN)
9. Variance{s) to Sign Regulations for property
(Pinellas County Teachers Credit Union)
located at 2571 Drew St., Campus Walk, Lot
2A (Alpaugh, TRE & Sitton d/b/a ABS
Properties, SV96-18)
10. Variance(s) to Sign Regulations for property
(Harborview Center) located at 300 Cleveland
St., Rompon's and Baskin's Corrected Map of
Causeway Business District. Blk 1 & 3-5;
Edward Mill's Sub., Lots 3 less street, 4 & 5
(City, SV96-19)
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8. Approved. Ord. #6083-96 passed 1 st
reading.
9. Approved 15.62 sq.ft. area variance to allow
26.12 sq. ft. of attached sign area. and ratio
variance of 0.37 sq~ft. to allow 1.87 sq.ft. of
sign area per foot of building width.
10. Approved variance to allow a freestanding
sign 128 sq.ft. in area, 20' high and set back
5' from street rwo-w, and variance to allow 3
message changes per hour on an electronic
reader board sign subject to the condition the
sign faces shall be positioned at an angle no
greater than 90 degrees to each other.
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Public Hearing - Second Reading Ordinances
11. Ord. #6071 -96 - Amending Comprehensive 11. Ord. #6071-96 adopted.
Plan including amendments to future land use
element as required by F.S.163, related to
the Public Education Facility Siting Act - SEE
#41 a also
12. Ord. #6075-96 - revising appointment 12. Ord. #6075-96 adopted.
standards for Planning and Zoning &
Development Code Adjustment Boards
(LDCA96-16)
13. Ord. #6076-96 - Amending Secs. 40.034, 13. Ord. 116076-96 adopted.
40.043, 40.064, 40.084, 40.104 & 41.053 !
to allow noncommercial parking 8S a
conditional use in single family residential
districts (LDCA96-12)
14. Ord. #6080-96 - Annexation for property 14. Ord. #6080-96 adopted.
located at 1751 Ragland Ave., Clearwater
Manor, Lot 73 (Kenneth Schilling I Terence
A. & Kelli J. Suiters, A96-251
15. Ord. #6081 -96 - RS-8 Zoning for property 15. Ord. #6081-96 adopted.
located at 1751 Ragland Ave., Clearwater
Manor, Lot 73 (Kenneth Schilling / Terence
t:;~ A. & KeUi J. Suiters, A96-25)
'" 16. Ord. #6082-96 - Vacating existing 10' 16. Ord. #6082-96 adopted.
drainage & utility easement lying along SE
side of Lot 12, Forest Wood Estates (David
O. & Kathleen Clausen, V96-11)
17. Ord. #6085-96 - to amend Sec. 33.028 to 17. Ord. #6085-96 adopted.
authorize City Manager to approve vessel slip
rent increases up to 10% annually
CITY MANAGER REPORTS
CONSENT AGENDA (Items #18~34) . Approved as submitted less #26.
The following items require no formal public hearing and are subject to being approved in a single
motion. However, any City Commissioner or the City Manager may remove an item from the Consent
Agenda to allow discussion and voting on the item individually.
18. Agreement with Ernst & Young LLP for auditing services for 5 fiscal years ending 9/30/96 through
2000, for a total not to exceed $426,000 (FN)
19. Purchase of various steel gas materials to: The Avanti Company, Avon Park, FL, est.
$27,065.60; ATS Industries, Inc., Safety Harbor, FL, est. $45,763.88; Equipment Control
Company, Norcross, GA, est. $12,088.25; Empire Pipe & Supply Company, Tampa, FL, est.
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i~ $15,795; Ferguson Enterprises, Inc., Pinellas Park, FL, est. $1,845.54; Florida Industrial Products,
Tampa, FL, est. $3,133.21; Hughes Supply, Inc., Clearwater, FL, est. $13,815.76; M.T. Deason
Company, Birmingham, AL, est. $57,053.89; Stuart Steel Protection Corp., Somerset, NJ, est.
$1,638.40; Utilities Supply, Loganville, GA, est. $2,052; for a total est. $180,251.53 (GAS)
20. Contract for instanation of polyethylene gas mains on Darlington Road, from US19 West to
Mitchell Blvd., Marine Parkway from US19 West to Madison Rd., & Grand Blvd. from Madison Rd.
North to the Pithlachascotee River to Heuer Utility Contractors, Inc., Clearwater, FL, at an est.
$337,760 (Pasco County Gas Expansion - Phase IVI (GAS)
21. (Cont. from 9/19/96) Approve recommendations of Technical Review Committee for allocation of
$38,000 in additional city social service funds which were approved by the Commission during
budget hearings (HM)
22. Contract for long term disability insurance for employees not covered by City's Pension Plan to
Provident Life and Accident Insurance Company, Chattanooga, TN, for the period 11/1/96-
10/30/97, at an est. $30,984 (HR)
23. C.O.#4 for Countryside Recreation Center to Bollenback Builders, Inc., for $4,100.53, for new
total $1,453, 1 26.53 (PR)
24. C.O.Us 1, 2 & 3 for Carpenter Field Clubhouse Renovations to Oakhurst Construction Co., Inc.,
Seminole, FL, for $25,570 (PRI
25. Approve 6 month trial period (10/1/96-3/31/97) of opening 5 recreational complexes including the
recreation centers at Clearwater Beach, Ross Norton Park, Martin Luther King, Morningside &
Countryside on Sunday afternoons from 1 p.m. until 5 p.m., at an est. $17,945 (PR)
26. Citywide Streetlight Banner Program based on recommended locations at a cost not to exceed
$20,000 (TR) - APPROVED.
27. Non-Exclusive License Agreement for vehicular parking upon portion of City r-o-w easement for
t<;.'~ Clearwater Pass Bridge with Lane Clearwater, an Illinois Limited Partnership d/b/a Holiday Inn
;, Sunspree Resort, having primary 5 year ter~, with initial year license fee of $3,200 payable $800
quarterly in advance, then $3,600 annually thereafter for remaining 4 years, payable $900
quarterly in advance, with option to extend agreement for 4 additional terms of 5 years each,
providing for annual iee adjustment of not less than 3 % or more than 5 % based on annual CPI
(EN)
28. Award of Marshall Street WWTP Odor Control & Piping Modifications to Westra Construction
Corp., Palmetto, FL, for $1,263,000 (EN)
29. Contract for test installation of reclaimed water main using horizontal directional drilling on
Windward Passage to Kimmins Contracting Corp., Tampa, FL, for $60,360 (EN)
30. Pinellas Planning Council - Reappoint Commission Seel for term 12/30/96-12/30/98 (ClK)
31. Modification of water easement - Sun Watch, Inc. (CA)
32. Water main easement - Sec. 16-29-16 (Daniel & Virginia Milton) (eA)
33. Ingress, Egress and Utility Easement - Sunset Oaks, Lot 1 (McDonald's) (CA)
34. Rescind appointment of Commissioner Johnson as alternate voting delegate to National League of
Cities conference; appoint Commissioner Hooper as alternate voting delegate
OTHER ITEMS ON CITY MANAGER REPORT
35. Confirm co-sponsorship and waiver of City 35. Confirmed. Authorized.
fees for special events: Jazz Ho.liday, Fun 'n
Sun, Fourth of July, Family Holiday Traditions
and Parade, Turkey Trot, North Greenwood
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Street Festival, Martin Luther King Parade,
and 3 new events: Saturdays in the City,
Memorial Day & Clear'water Pass Bridge Run,
at an est. $134,222 ($49,720 cash
contributions & $84,502 in-kindl; authorize
event sponsors to approve vendors (PR)
a) Saturday in the City
b~ Jazz Holiday funding request
36. (Cont. from 9/19/96) Approve ranking of
prospective Fixed Base Operators to furnish
aviation services at Clearwater Airpark (EN)
37. First Reading Ord. #6099-96 - amending Sec.
2.561 (7) authorizing City Manager to approve
change orders up to $25,000 (FN)
38. Municipal Code Enforcement Board - 3
appointments (CLK)
39. Planning and Zoning Board - 1 appointment
(CLK)
""",40. Other Pending Matters
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a) Approved $5,000 cash contribution.
b) Approved additional $20,000 for a total of
$25,000.
36. Remanded to Engineering to establish
standards 0'1 performance, review of financial
planning and rate of return and research other
airpark's operations and finances; not to
exceed 9 months.
37. Approved. Ord. #6099.96 passed 1 st
reading.
38. Appointed Lawrence Tieman to complete an
unexpired term. Appointed Arthur Walsh to
begin a term 11/1/96 & Reappointed Dennis
Henegar.
39. Appointed Douglas Hilkert.
40. None.
CITY ATTORNEY REPORTS
41. Resolutions
a) Res. #96-54 - authorizing transmittal to a) Res. #96-54 adopted.
appropriate agencies of a proposed ordinance
COrd. #6071.96) amending the goals, objectives,
and policies of the Comprehensive Plan's Future
Land Use Element as required by F.S. 163, and
establishing an alternative review process for the
coordination and siting of Public School Facilities
42. Other City Attorney Items
a) Approve Order for Jamminz Appeal a) Approved. '
43. City Manager Verbal Reports
City Manager announced opening of City's world wide web site.
She requested Commissioners wanting to be considered for National League of Cities (NLC)
steering committees let her know.
She reported a letter will be going to Florida Power re the % of street lights that are out and the
need to address City's payment for same.
She reminded the Commission of the Dumpster Screening contest on 10/4/96 at 9:00 a.m.
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, ",,44. Other Commission Action
sew questioned ,a fax received re Harborview Center. The City Manager indicated the City has
been told by Rowe there may be a problem with the budget. , Staff is not sure their numbers are
correct and will be meeting with them. She stated she will not be back to the Commission for
more money.
. Hoope( indicated he had toured the North Greenwood area and found the street lights in that
neighborhood to be "less than brilliant". Deputy City M~nager Rice indicated this will be
addressed.
Hooper questioned the status of the gas system audit. It was indicated work is progressing and
the report should come to the Commission in January.
45. . Adjournment - 9:01 p.m.
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CITY COMMISSION MEETING
CITY OF CLEARWATER
October 3, 1996
Present:
Rita Garvey
J. B. Johnson
Robert Clark
Ed Hooper
Karen Seel
Elizabeth M. Deptula
Kathy S. Rice
Pamela K. Akin
Scott Shuford
Rich Baier
Cynthia E. Goudeau
Patricia O. Sullivan
Mayor/Commissioner
Vice-Mayor /Commissioner
Commissioner
Commissioner
Commissioner
City Manager
Deputy 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 Mayor led the
Pledge of Allegiance.
To provide continuity for research, items are in agenda order although not necessarily
discussed in that order.
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ITEM #3 - Service Awards - None.
ITEM #4 - Introductions and Awards
Proclamation: Fire Prevention Week - October 6. - 12, 1996
ITEM #5 - Presentations
Nagano City Representatives
The Mayor introduced visiting city workers from Clearwater's Sister City in Japan.
Tomiko Harayama thanked the Mayor and host families for their hospitality. She said the
Mayor of Nagano had requested Clearwater be their Sister City in 1959. Both cities
welcome tourism. Nagano will host the 1998 Winter Olympics. She invited residents to
visit. Mariko Kume thanked the Mayor and residents of Clearwater. She said the area
around Nagano is mountainous. She reviewed the events and ceremonies planned for the
Olympics, indicating many buildings are under construction. The Mayor thanked Ms.
Harayama, Ms. Kume, and their host families. She reported a Clearwater hospitality center
is planned for the Olympics in Nagano during two weeks in February 199B.
a} Historic Preservation Board - Annual Report
David Berry, Chair of the Historic Preservation Board, said the historic identification
marker program to identify and memorialize significant historic places within the City is one
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"' of the boardts primary objectives. The boardts letter writing campaign encouraged
preservation of the City heritage. The board will continue the historic preservation
identification marker program, assist the City with its State Historic Grant Application,
encourage historic preservation awareness, and research historic items for City boards.
ITEM #6 - Aooroval of Minutes
Commissioner Clark moved to approve the minutes of the regular meeting of
September 19, 1996, and the special meeting of September 10, 1996, as recorded and
submitted in written summation by the City Clerk to each Commissioner. The motion was
duly seconded and carried unanimously.
ITEM #7 - Citizens to be heard re items not on the Aoenda
Harrv Silcox apologized for "losing his cool" at the September 19, 1996, City
Commission meeting. He said minutes of the June 8, 1993, Airport Authority meeting
stated construction of projects in the Airpark's master plan would begin that year. He
expressed concern continuing the decision regarding the FBD (Fixed Base Operator) would
continue to delay implementation of the Master Plan.
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John Doran. Clearwater Beach Association President, invited people to attend the
October 23, 1996, meeting at the Memorial Civic Center regarding modern transit and
commuter rail. The Mayor said Hillsborough County Commissioner Ed Turanchik will be
invited to bring the proposed train to Clearwater in March. Mr. Doran reported the
Clearwater Beach Association is sponsoring an Octoberfest on October 26, 1996, at the
Clearwater Beach Recreation Center. The event is open to the public. A nominal fea will
be charged. He expressed interest in the City's plans for a hospitality center at the
Nagano Olympics.
Joe Evich felt the City is taking property without just compensation when it moves
water meters onto private property. He expressed concern regarding the liability issue and
requested an indemnification. He requested proof of right-at-way obstruction problems.
He requested the City stop installing water meters on private property. The City Attorney
indicated her opinion remains the same. She said moving water meters onto private
property is not a taking of property.
PUBLIC HEARINGS
ITEM #8 ~ Public HearinQ & First Reading Ord. #6083-96 - Vacating N 25' & S 25' of the
W 75' of Saber Drive r-o-w between Lot 20, Blk 0, and Lot 1, Blk G, on plat of
Countrypark Sub., subject to it being retained as a drainage and utility easement (City,
V96-09)(EN)
The City is extending Landmark Drive South from Enterprise Road to Lake
Chautauqua Park. Countrypark property owners do not want a paved connection between
Landmark and Saber Drives. The best way to eliminate a future paved connection is to
vacate a portion of the Saber Drive right-of-way. As part of the Landmark Drive project,
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. '- the City will remove the eastern 75 feet of Saber Drive pavement and install a 6-100t wide
sidewalk in the center. The City has a 6-inch water line in the right-at-way. Public utilities
have reviewed the proposed vacation request and have no objections. No objections were
received trom departments concerned with vacations. The City Engineer recommends
approval of this vacation request.
The second and final reading and adoption of Ordinance 116083-96 will be held until
Mr. Vogel conveys the right-of-way for Landmark Drive.
Commissioner Hooper moved to approve the City's request to vacate the North 25
feet and the South 25 feet of the East 75 feet of Saber Drive between Lot 20, Block D,
and Lot 1, Block G, as shown on the Plat of Countrypark Subdivision as recorded in Plat
Book 74, Pages 69 through 71 of the Public Records of Pinellas County, Florida, subject to
it being retained as a drainage and utility easement. The motion was duly seconded and
carried unanimously.
The City Attorney presented Ordinance #6083-96for first reading and read it by title
only. Commissioner Clark moved to pass Ordinance #6083-96 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel and Garvey.
"Nays": None.
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ITEM tl9 - Variance(s) to Skm Requlations for property (Pinellas County Teachers Credit
Union) located at 2571 Drew St., Campus Walk, Lot 2A (Alpaugh, TRE & Sitton d/b/a ABS
Properties, SV96-18)
This property, West of US 19N on the South side of Drew Street, is zoned Highway
Commercial. The applicant is requesting the following variances: 1) an area variance of
15.62 square feet from the permitted 10.5 square feet to allow 26.12 square feet of
attached sign area on the ATM (automatic teller machine) building, and 2) a ratio variance
of 0.37 square feet of sign area per foot of building width to allow a ratio of 1.87 square
feet of sign area per foot of building width on the ATM building. The applicant proposes to
construct a small A TM building near the shopping center entrance with signs on the
building's North, South, and West sides. Only signs on the North and West sides are
regulated by the City as they will be viewable from off property. Signs proposed for the
North and West sides exceed the code's area and ratio allowances.
Staff feels conditions support approval because proposed signs are relatively
modest in size, the requested variances are minimal to identify this use, and the proposed
signs will not degrade the appearance of the shopping center or City.
In answer to a question, Central Permitting Director Scott Shuford said staff wHl
propose language to address anticipated future signage requests for independent
businesses sharing existing retail space. The City Manager noted this A TM building will be
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..... in the parking lot. Gene Maxon. representative, verified photographs of the property
presented him by Mr. Shuford.
Commissioner Johnson moved to approve the following variances: 1} an area
variance of 15.62 square feet from the permitted 10.5 square feet to allow 26.12 square
feet of attached sign area, and 2) a ratio variance of 0.37 square feet of sign area per foot
of building width to allow a ratio of 1.87 square feet of sign area per foot of building width
on property identified as Lot 2-A, Campus Walk Subdivision. for meeting Sec. 45.24
Standards for Approval. items (1) - (4). The motion was duly seconded and carried
unanimously.
ITEM #1 0 - Variance(s) to Sign Regulations for property (Harborview Center) located at
300 Cleveland St.. Rompon's and Baskin's Corrected Map of Causeway Business District,
Blk 1 & 3-5; Edward Mill's Sub., Lots 3 less street, 4 & 5 (City, SV96-19)
.:)
This property, on the Northwest corner of Cleveland Street and N. Osceola Avenue,
is zoned Urban Center (Bayfront). The City requests the following variances: 1) a variance
to allow a freestanding sign 128 square feet in area, 20 feet high, and set back 5 feet
from the street right-of-way, in a zoning district where freestanding signs are not
permitted. and 2) a variance to allow 3 message changes per hour on an electronic reader
board sign in lieu of the permitted one change per 24 hours. The property is developed
with a mixed use building, including a convention center. The City proposes to construct
an electronic reader board sign at the intersection of Pierce Boulevard. Cleveland Street,
and Memorial Causeway to promote upcoming events at this facility and other public
events. Sign faces will touch along one end and will be positioned at an angle of
approximately 90 degrees to each other.
Mr. Shuford said the sign can replace the banners that are displayed at the East end
of the Memorial Causeway. The ORB (Design Review Board) approved the sign's design.
He said the conditions of approval have been met. The Mayor noted the City Commission
previously had approved 10 freestanding signs in areas where they are not allowed. In
response to a question, Mr. Shuford said the proposed size ;s similar to other permitted
signs but cannot be mounted back to back. The size of the property is large.
Commissioner Seel moved to approve the following variances: 1) a variance to
allow a freestanding sign 128 square feet in area, 20 feet high, and set back 5 feet from
the street right-of-way I in a zoning district where freestanding signs are not permitted, and
2) a variance to allow 3 message changes per hour on an electronic reader board sign in
lieu of the permitted one change per 24 hours. on property identified as Romponts and
Baskints Corrected Map of Causeway Business District, Blocks 1,3,4, and 5, together with
Edward MilPs Sub., Lots 3,4, and 5, for meeting Sec. 45.24 Standards for Approval, items
(1) - (4), subject to the following condition: The sign faces shall be positioned at an angle
no greater than 90 degrees to each other and that the appropriate officials be authorized to
execute same. The motion was duly seconded and carried unanimously.
Public Hearinq - Second Readinq Ordinances
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. '''''' ITEM #11 ~ Ord. #607'~96 - Amending Comprehensive Plan including amendments to
future land use element as required by F.S.163,' related to the Public Education Facility
Siting Act
The City Attorney presented Ordinance #6071-96 for second reading and read it by
title only. Commissioner Clark moved to pass and adopt Ordinance 1/6071-96 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson. Clark, Hooper. See I and Garvey
"Nays": None.
)TEM #12 - Ord. #6075-96 - revising appointment standards for Planning and Zoning &
Development Code Adjustment Boards (LDCA96-16)
The City Attorney presented Ordinance #6075-96 for second reading and read it by
title only. Commissioner Hooper moved to pass and adopt Ordinance #6075-96 on second
and final reading. The motion was du)y seconded and upon roll calL the vote was:
"Ayes": Johnson. Clark, Hooper. Seel and Garvey
ttNays": None.
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ITEM #13 - Ord. #6076-96 - Amending Sees. 40.034, 40.043, 40.064, 40.084, 40.104
& 41.053 to anow noncommercial parking as a conditional use in single family residential
districts (LDCA96-12)
The City Attorney presented Ordinance #6076-96 for second reading and read it by
title only. Commissioner Johnson moved to pass and adopt Ordinance #6076-96 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson. Clark. Hooper. Seel and Garvey
"Nays": None.
ITEM #14 ~ Ord. #6080~96 - Annexation for property located at 1751 Ragland Ave.,
Clearwater Manor. Lot 73 (Kenneth Schilling I Terence A. & Kelll J. Suiters, A96-25)
The City Attorney presented Ordinance 116080-96 for second reading and read it by
title only. Commissioner Clark moved to pass and adopt Ordinance #6080-96 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson. Clark, Hooper. Seel and Garvey
"Nays": None.
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'.\ ITEM 1/15 ~ Ord. #6081-96 - RS-8 Zoning for property located at 1751 Ragland Ave.,
Clearwater Manor, Lot 73 (Kenneth Schilling I Terence A. & Kelli J. Suiters, A96-25)
The City Attorney presented Ordinance 1/6081-96 for second reading and read it by
title only. Commissioner Hooper moved to pass and adopt Ordinance #6081-96 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel and Garvey
"Nays": None.
ITEM 1/16 - Ord. #6082-96 - Vacating existing 10' drainage & utility easement lying along
SE side of Lot 12, Forest Wood Estates (David D. & Kathleen Clausen, V96-11)
The City Attorney presented Ordinance #6082-96 for second reading and read it by
title only. Commissioner Johnson moved to pass and adopt Ordinance #6082-96 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
rtAyes": Johnson, Clark, Hooper, Seel and Garvey
"Nays": None.
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ITEM #17 - Ord. #6085-96 - to amend Sec. 33.028 to authorize City Manager to approve
vessel slip rent increases up to 10% annually
The City Attorney presented Ordinance #6085-96 for second reading and read it by
title only. Commissioner Hooper moved to pass and adopt Ordinance #6085-96 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Hooper and Garvey
"Nays": Clark and Seel.
Motion carried.
CITY MANAGER REPORTS
CONSENT AGENDA (Items # 18~34) - Approved as submitted less #26.
ITEM #18 - Aareement with Ernst & Youna LLP for auditing services for 5 fiscal years
ending 09/30/96 through 2000, for a total not to exceed $426,000 (FN)
ITEM #19 - Purchase of various steel 9as materials to: The Avanti Company, Avon Park,
FL, estimated $27,065.60; ATS Industries, Inc., Safety Harbor. FL, estimated
$45,763.88; Equipment Control Company, Norcross, GA, estimated $12,088.25; Empire
Pipe & Supply Company, Tampa, FL, estimated $15,795; Ferguson Enterprises, Inc.,
PineJlas Park, FL, estimated $1,845.54; Florida Industrial Products, Tampa. FL, estimated
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"'. $3,133.21; Hughes Supply, Inc., Clearwater, FL, estimated $13,815.76; M.T. Deason
Company, Birmingham, AL, estimated $57,053.89; Stuart Steel Protection Corp.,
Somerset, NJ, estimated $1,638.40; Utilities Supply, Loganville, GA, estimated $2,052;
for a total estimated $180,251.53 (GAS)
ITEM #20 - Contract for Installation of polyethvlene gas mains on Darlington Road, from
US 19 West to Mitchell Blvd., Marine Parkway from US 19 West to Madison Rd., & Grand
Blvd. from Madison Rd. North to the Pithlachascotee River to Heuer Utility Contractors,
Inc., Clearwater, FL, at an estimated $ 337,760 (Pasco County Gas Expansion. Phase IV)
(GAS)
ITEM #21 - (Cont'd from 09/19/961 Aoorove recommendations of Technical Review
kommittee for allocation of $38.000 in additional City soci~1 service funds which were
approved by the Commission during budget hearings (HM)
ITEM #22 - Contract for long term disabilitv insurance for employees not covered by City's
Pension Plan to Provident Life and Accident Insurance Company, Chattanooga, TN, for the
period 11/01/96 -10/30/97, at an estimated $30,984 (HR)
ITEM #23 - C.O.#4 for Countryside Recreation Center to Bollenback Builders, Inc., for
$4,100.53, for new total $1,453,126.53 (PR)
ITEM #24 - C.O.#s 1. 2 & 3 for Carpenter Field Clubhouse Renovations to Oakhurst
Construction Co., Inc., Seminole, FL, for $25,570 (PR)
i '..:)
ITEM #25 - Acorove 6 month trial ceriod ( 10/01/96 -03/31/97) of opening 5 recreational
complexes including the recreation centers at Clearwater Beach, Ross Norton Park, Martin
Luther King, Morningside & Countryside on Sunday afternoons from 1 p.m. until 5 p.m., at
an estimated $17,945 (PR)
ITEM #26 - See oage 8.
ITEMI/27-Non-Exclusive License AQreement for vehicular parking upon portion of City r-o-w
easement for Clearwater Pass Bridge with Lane Clearwater, an Illinois Limited Partnership
d/b/a Holiday Inn Sunspree Resort, having primary 5 year term, with initial year license fee
of $3,200 payable $800 quarterly in advance, then $3,600 annually thereafter for
remaining 4 years, payable $900 quarterly in advance, with option to extend agreement
for 4 additional terms of 5 years each, providing for annual fee adjustment of not less than
3% or more than 5% based on annual CPI (EN)
ITEM #28 - Award of Marshall Street WWTP Odor Control & Pioimt Modifications to
Westra Construction Corp., Palmetto, FL, for $1,263,000 (EN)
ITEM #29 - Contract for test installation of reclaimed water main using horizontal
directional drillino on Windward Passage to Kimmins Contracting Corp., Tampa, FL, for
$60,360 (EN)
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'...... ITEM 1/30 . Pinetlas Planning Council - Reappoint Commission Seel for term 12/30/96-
12/30/98 (eLK)
ITEM #31 . Modification of water easement. Sun Watch. Inc. teA)
ITEM 1132 - Water main easement - Sec. 16-29.16 (Daniel & Virginia Milton) (GA)
ITEM 1133 - Inaress. Earess and Utilitv Easement - Sunset Oaks. Lot 1 (McDonald's) (eA)
ITEM #34 - Rescind aDDointmen~ of Commissioner Johnson as alternate voting delegate to
National League of Cities conference; appoint Commissioner Hooper as alternate voting
delegate
Commissioner Clark moved to approve the Consent Agenda as submitted less Item
#26 and that the appropriate officials be authorized to execute same. The motion was
duly seconded and carried unanimously.
ITEM #26 - Citywide Streetlight Banner Program based on recommended locations at a
cost not to exceed $20,000 (TR)
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The City-wide Streetlight Banner Program's goal is to expand existing downtown
banners to other well-traveled commercial areas in response to citizen group
recommendations to showcase major City activities to residents and visitors. The
proposed 62 new streetlight pole locations will be clustered: 1) Memorial Causeway; 2)
Clearwater beach; 3) North Greenwood; 4) SR 60; and 5) Countryside. The program
initially will duplicate subjects currently displayed downtown; 1) Clearwater Jazz Holiday;
2) Fun N' Sun Festival; 3) Welcome Winter Visitors; and 4) Welcome Phillies. Subjects
may undergo redesign to accommodate restrictions imposed by FOOT (Florida Department
of Transportation) and/or for greater visual impact. The banners' cost is based on 248
banners with two color printing on 2 sides with a white background. Final costs may vary
depending on final design. Hardware will be reused for each subject. The Greater
Clearwater Chamber of Commerce, Clearwater Beach Chamber of Commerce, North
Greenwood Association, Beautification Committee, and Clearwater Beach Association
support the project.
Bill Zinzow expressed concern the banner program will have future consequences.
He expressed concern merchants would install banners as signage. He distributed
photographs of a business with American flags printed on banners. He felt that practice is
abusive and warned they will proliferate without appropriate safeguards. In response to
questions, the City Attorney indicated national highway legislation has designated Gulf-to-
Bay Boulevard East of US 19N as part of the Federal highway system and part of Alt US19
as a Federal aided highway. The City currently is in discussion with FOOT (Florida
Department of Transportation) regarding billboards on Gulf-to~Bay Boulevard East of US
19N. Concern was expressed businesses not be allowed to hang banners. too. Mr.
Shuford said the City's banners are treated as a public service message. Restrictions apply
to private property. He felt the City can address potential problems. The City Attorney
said the City can clarify distinctions. In response to a question. Tourism Director Jean
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" "'\ Sherry said the City can impose restrictions regarding the maximum time a banner can be
displayed. The Mayor said a cluttered appearance should be avoided.
Commissioner Clark moved to approve the City-wide Streetlight Banner Program
based on the recommended locations at a co~t not to exceed $20,000. The motion was
duly seconded and carried unanimously.
OTHER ITEMS ON CITY MANAGER REPORT
ITEM #35 w Confirm co-soonsorshio and waiver of City fees for sDecial events: Jazz
Holiday, Fun 'n Sun, Fourth of July, Family Holiday Traditions and Parade, Turkey Trot,
North Greenwood Street Festival, Martin Luther King Parade, and 3 new events:
Saturdays in the City, Memorial Day & Clearwater Pass Bridge Run, at an estimated
$134,222 ($49,720 cash contributions & $84,502 in-kind); authorize event sponsors to
approve vendors CPR)
City Commission policy regarding special events states all fees and related charges
will be waived for City-sponsored or co-sponsored events; i.e., Fun ~n Sun, Jazz Holiday,
July Fourth, Turkey Trot, and Martin Luther King Parade. The City-sponsored and co~
sponsored events are reviewed annually during the budget process. At the beginning of
each fiscal year, an agenda item confirming co-sponsorship and waiver of fees for special
events approved in the budget is brought for Commission approval. Should additional
money be requested beyond what is included in the approved budget, City Commission
approval will be needed before said additional funds are disbursed.
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This agenda item is provided in response to the policy. In-kind contributions are
estimates. Specific costs are not known until after events are conducted. The total cash
contribution of $49,720 is included in the City1s 1996/97 operating budget under "non-
departmental expenses." In-kind contributions are included in the operating budgets of
affected departments.
It was noted City policy is that only these events will be funded. The City Manager
said other events would have to be approved by the City Commission as approval is not
within the City Manager's authority.
Commissioner Clark moved to confirm co-sponsorship and waiver of City fees for
special events: Jazz Holiday, Fun 'n Sun, Fourth of July, Family Holiday Traditions and
Parade, Turkey Trot, North Greenwood Street Festival, Martin Luther King Parade,
Saturdays in the City, Memorial Day, & Clearwater Pass Bridge Run and to authorize event
sponsors to approve vendors. The motion was duly seconded. Commissioners Johnson,
Clark, and Seel and Mayor Garvey voted HAye"; Commissioner Hooper voted "Nay."
Motion carried.
a) Saturday in the City
Saturdays in the City consist of periodic concerts and weekly Farmers Markets at
Station Square Park. These activities will begin October 12. 1996, and run through April
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"'\ 17, 1997. Bob Henion, representing Saturday in the City, said the event is requesting
$5,000 this year in addition to in-kind services and waiving insurance requirements. The
contribution will be used for advertising, entertainmentl and other related expenses. A free
booth has been extended to the DCA (Downtown Clearwater Association) to promote local
business as determined by their board of directors. The event attracts people downtown
and tries to unify downtown. Commissioner Johnson said the group did a good job last
year. Mr. Henion said the hours were altered to make the Farmers Market and concert one
event.
Commissioner Johnson moved to approve a $5,000 contribution to Saturdays in the
City in addition to inwkind services and waiving insurance requirements. The motion was
duly seconded. Commissioners Johnsonl Clark, and Seel and Mayor Garvey voted "Aye":
Commissioner Hooper voted "Nay." Motion carried.
~) Jazz Holiday funding request
Deborah Vincent. Chair of the Clearwater Jazz Holiday Foundation, asked the City
Commission consider their request. The Mayor noted a miscommunication had occurred.
Although only $5,000 was budgeted, Jazz Holiday had requested $25,000. The additional
funds can be provided by savings in the City Manager and City Commission 1995/96
budgets. Commissioner Clark reported a minor conflict as his business supports the Jazz
Holiday.
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Commissioner Johnson moved to approve an additional $20,000 for the Clearwater
Jazz Holiday. The motion was duly seconded. Commissioners Johnson. Clark, and See I
and Mayor Garvey voted "Aye"; Commissioner Hooper voted "Nay. t1 Motion carried.
Commissioner Hooper said he supported funding special events but opposed the
way the added requests were presented.
ITEM #36 - (Cont'd from 09/19/96) Aoorove ranking of orosoective Fixed Base Operators
to furnish aviation services at Clearwater Airpark (EN)
On April 221 1996, the City solicited RFPs (Requests for Proposals) for a 5-year
lease agreement for a FBa (Fixed Base Operator) to provide aviation services at the
Airpark. The City received 4 bid proposals. The staff selection committee included: 1)
Engineering Director Rich Baier; 2) Finance Director Margaret Simmons; 3) Internal Audit
Director Dan Katsiyannis; 4) Solid Waste Director Bob Brumback; and 5) Engineering Staff
Liaison for the Airport Authority, Glen Bahnick. On July 18. 1996. the selection
committee determined all candidates met the RFP's minimum qualifications. On August 6,
1996, the candidates made presentations to the selection committee. Each candidate was
evaluated: 1) experience; 2) fullness of resources; 3) economic return to the City: and 4)
safety.
On August 12, 1996, the selection committee finalized rankings: 1) Clearwater
Aircraft, Inc.; ,2) Clearwater Flying Corporation; 3) D/B/A Armament Systems Company;
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"'-, and 4) Homecare Industries. Staff recommends the Commission approve the selection
committee's ranking and authorize negotiations for contractual services in ranking order.
The City Manager reviewed the process and noted Homecere Industries had
withdrawn their bid.
Harry Silcox, Chair of the Airport Authority, requested the Legal Department review
the City's lease with Clearwater Aircraft, Inc. regarding a 5-year option, He said the
Airport Authority had expressed concerns in March 1996 that the lease with Clearwater
Aircraft, Inc. may not be renewed due to a lawsuit between Clearwater Aircraft, Inc. and
Tampa Airport. He reported the Airport Authority had approved the selection committee's
ranking.
Dan Hood felt the Airpark was going downhill and needed a fresh start. He said the
rentals offered by the flight school are not in good condition.
Mason Cox, Arnold Allen, Bob Gibson, John Landin, Wayne Garner, Mark Marconi,
and Buzz Heuchen supported renewal of the FBO contract with Clearwater Aircraft, Inc. It
was stated Rick Emshoff is cooperative, dedicated, safety conscious, and is supported by
Airpark patrons, whose position should be considered. Airpark improvements were
saluted. It was felt other bidders had not addressed neighbor concerns. It was noted the
Airpark is a community service and its purpose is not to make a profit.
Wallace Mo/uf, representing Mr. Emshoff in the Tampa EPA lawsuit, said a fuel
I:.:;:) truck had tried to pump fuel into a full tank at Mr. Emshoff's operation at, Tampa Airport.
Mr. Emshoff has spent a great deal of money and effort on the issue. The case was
dismissed but has been held in abeyance. He said Mr. Emshoff's integrity is very good, his
safety record is excellent, and he treats people well.
Gilbert Janelli said ClearwRt~r Flying CvipufdiiulI is inteTA~tEld in running u fiist class
operation. He said the Airpark needs a change. He fait the evaluation process used by the
selection committee was unfair as the process was not disclosed when the RFPs (Request
for PfOposal) were distributed.
,.
Ken Love of D/B/A Armament Systems Company recommended the City
Commission reach a decision tonight as uncertainty and further delay will harm many
businesses.
Rick Emshoff said 6 years ago, the City had asked him to bid on a 5-year lease.
The FBG opening was advertised throughout the country. His 5-year lease had a 5-yaar
option. He had advised the City when he declared bankruptcy. He said bids would be
difficult to attract unless the runway is extended and runway lights are installed.
The Mayor referred to previous battles between the Airpark and surrounding
neighborhood. She noted those problems have been addressed. She expressed concern
regarding Clearwater Flying Corporation's proposal to expand operations and felt neighbors
would not support it. She said the proposal submitted by Clearwater Aircraft is not well
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written but supported it. She thanked the Airport Authority for their oversight. She said
the City must commit to improvements if it expects enhancements. She recommended a
5~year lease with two 5-year renewals.
Commissioner Johnson said he had requested this item be continued at the last
meeting to receive additional information. He is satisfied with the information he received,
noting the operator had paid more than $360,000 to keep the Airpark going. He said past
problems have been explained. He expressed concern the City had not strongly supported
the FaO in the past.
Commissioner Johnson moved to approve the ranking of prospective Fixed Base
Operators to furnish aviation services at Clearwater Airpark: 1) Clearwater Aircraft, Inc.; 2)
Clearwater Flying Corporation; 3) D/B/A Armament Systems Company; and 4) Homecare
Industries. The motion was duly seconded.
Commissioner Seel said she always has supported the Airpark but noted it needs
upgrades and improvements. She expressed concern the operator not walk away and
leave the City "holding the bag" should a contamination occur. She recommended
delaying approval for 4 months to review business plans. proposed property improvements,
etc. She said the standards and returns expected by the City should be clarified at the
beginning. She recommended continuing Mr. Emshoff's contract on a month to month
basis in the meantime. She expressed concern the RFP had not stated the process to be
used to determine ranking.
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Commissioner Hooper said at the last meeting, the City Commission had been
asked to vote on this without being provided adequate information. He said this is an
important choice. He did not think Mr. Emshoff had submitted a professional proposal. He
said he could never agree with some items listed in the proposal submitted by Clearwater
F:yinw Curporation. He also felt the process used to determine ranking should have been
explained in the RFP to provide all bidders a "level playing field." He said more information
is being provided and indicated he currently is not ready to accept the proposed rankings.
Commissioner Clark said he wanted the Airpark to remain open and improve. He
indicated he once had lived in the Airpark's flight path and congratulated Mr. Emshoff for
addressing neighborhood concerns. He shared Commissioner Hooper's concerns regarding
the RFP process. He requested staff recommend an RFP process that included input from
the advisory board regarding the ranking. Engineering Director Rich. Baier indicated City
Commission concerns can be addressed through strong contract language. Commissioner
5eel felt the standards for performance should be listed in the RFP. The Mayor
recommended approving a one-year contract with Mr. Emshoff to provide adequate time
for the City Commission to approve a process. Commissioner Hooper felt a year contract
was no more fair than month to month extensions. He felt a number of items, such as
requiring the FBD to be responsible for mowing, should be stated in the RFP. He
expressed concern criteria listed in the RFP are not clear.
If the City Commission votes against the proposed rankings, the City Manager
recommended addressing the issues at the first executive session. The City's RFP process
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Mr. Baier suggested the process may take 9 months to complete if staff is to do a
quality job and address all issues.
. ....., conforms to law which does not require the City to furnish the weighting process up front.
She said the current process took 6 months to complete and estimated it would take a
similar length of time to repeat the process. She suggested the FRC (Finance Review
Committee) also be involved in the ranking. Commissioner Seel recommended scheduling
a joint meeting of the City Commission and Airport Authority.
Commissioner Johnson recommended the City Commission reach a decision
regarding this issue. The Mayor noted a runway extension will not be built. The runway
ends will be paved to extend the safety zone although the landing surface will not change.
Upon the vote being taken, Commissioner Johnson and Mayor Garvey voted "Aye";
Commissioners Clark, Hooper and Seel voted "Nay." Motion failed.
Commissioner Seel moved to refer the issue to the Engineering staff to establish
standards of approval, review financial issues, and research the operations of other
airparks, the time frame not to exceed 6 months. The motion was duly seconded.
Mr. Emshoff said he was giving his 30 day notice to discontinue his operation of the
Clearwater Airpark. Chuck Wilbur saiq he, too, was giving his 30 day notice to
discontinue running the flying school. He said he would not run the Airpark for the City.
\'''') Commissioner Seel amended her motion to not exceed 9 months. The seconder
....., ~,
approved the amendment.
Upon the vote being taken. Commissioners Clark, Hooper and Seel voted "Aye";
Commissioner Johnson and Mayor Garvey voted "Nay." Motion carried.
The Commission recessed from 8:22 to 8:39 p.m.
ITEM #37 - First ReadinQ Ord. #6099.96 - amending Sec. 2.561 (7) authorizing City
Manager to approve change orders up to $25.000 (FN)
Based upon passage of a charter referendum, Charter Section 2.01 (d)(4) was
changed to increase the limit on purchases requiring Commission approval from $10,000
to $25,000. The Code or Ordinances, Section2.54(2) also was changed to increase the
limit on purchases requiring Commission approval from those in excess of $10,000 to
those in excess of $25,000. The current rule only allows the City Manager to approve
change orders less than $10,000. This difference in limits has caused some confusion,
i.e., while the City Manager can approve an original purchase order for $22,000, an
$11,000 change order to an $11,000 purchase order would require Commission approval.
Ordinance #6099-96 corrects this inconsistency. The ordinance will allow the City
Manager to approve purchase orders, including all change orders, if the cumulative total
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, ", does not exceed $25,000. The City Manager may approve change orders for purchase
orders previously approved by the Commission up to $25.000 cumulative.
In response to concerns, the City Manager said the change would allow tho City
Manager to add $25,000 to a project only if money has been budgeted. She also
explained if an original expenditure of $23,000 had a change order that resulted in a total
of more than $25,000, that change order would require Commission approval.
Commissioner Hooper moved to amend Section 2.561 (7) of the Code of Ordinances
authorizing the City Manager to approve change orders up to $25,000 and that the
appropriate officials be authorized to execute same. The motion was duly seconded.
Commissioners Johnson, Clark and Hooper and Mayor Garvey voted "Aye"; Commissioner
Seel voted UNay. U Motion carried.
The City Attorney presented Ordinance #6099-96 for first reading and read it by
title only. Commissioner Johnson moved to pass Ordinance #6099-96 on first reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper and Garvey.
"Nays": Seel.
Motion carried.
':.)
ITEM 1138 - Municioal Code Enforcement Board - 3 aooointments (eLK)
Commissioner Clark moved to reappoint Dennis Heneger. The motion was duly
seconded.
Mayor Garvey indicated she would vote against reappointment due to Mr.
Henegar's attitude at the last Municipal Code Enforcement Board meeting.
Upon the vote being taken, Commissioners Johnson, Clark and Seel voted" Aye";
Commissioner Hooper and Mayor Garvey voted "Nay. It Motion carried.
Commissioner Hooper moved to appoint Arthur Walsh. The motion was duly
seconded and carried unanimously.
Commissioner Clark moved to appoint Lawrence A. Tieman A/K/A L. Duke Tieman.
The motion was duly seconded and carried unanimously.
ITEM 1139 . Planning and Zoninq Board - 1 aooointment (eLK)
Commissioner Clark indicated the board needed a member with a law background.
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- ....., Commissioner Clark moved to appoint Douglas Hilkert. The motion was duly
seconded. Commissioners Johnson. Clark. Hooper and Seel voted "Aye"; Mayor Garvey
voted "Nay." Motion carried.
Mayor Garvey indicated her vote was due to there being no reason not to reappoint
Jay Keyes.
ITEM #40 ~ Other Pendina Matters - None.
CITY ATTORNEY REPORTS
ITEM #41 - Resolutions
a) Res. #96-54 ~ authorizing transmittal to appropriate agencies of a proposed ordinance
(Ord. #6071~96) amending the goals, objectives, and policies of the Comprehensive Plan's
Future Land Use Element as required by F.S. 163, and establishing an alternative review
process for the coordination and siting of Public School Facilities
The City Attorney presented Resolution #96-54 and read it by title only.
Commissioner Hooper moved to pass and adopt Resolution #96-54 and authorize the
appropriate officials to execute sarna. The motion was duly seconded and upon roll call,
the vote was:
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"+W"",...
"Ayes": Johnson, Clark, Hooper, Seel and Garvey
"Nays": None.
ITEM #42 - Other Citv Attornev Items
a) Approve Order for Jamminz Appeal
The City Commission held a Special Hearing on September 30, 1996. At that time,
they heard the appeal of the Planning & Zoning Board's denial of a change in business
ownership for Jamminz's conditional use for alcoholic beverage sales. At the hearing, the
City Commission voted to overturn the Planning & Zoning Board's denial, subject to
conditions. The Code requires a written order be issued.
Commissioner Hooper moved to approve the Order for the Jamminz' Appeal heard
at the City Commission September 30, 1996, Special Meeting to overturn the Planning &
Zoning Board's August 20, 1996, denial of a Conditional Use request, subject to
conditions. The motion was duly seconded and carried unanimously.
ITEM #43 - City Manager Verbal Reoorts
The City Manager announced the City's world wide web site is open, providing
many City services over the Internet.
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The City Manager said several positions are available on the National League of
Cities' steering committees. She requested Commission members indicate if they are
interested in participating.
The City Manager said the City's Marina appears on the cover of Dock Age
magazine.
The City Manager reported the Central Permitting Department has been invited to
participate in this year's National League of Cities' program regarding reengineering
government.
The City Manager referred to complaints regarding unlit street lights. An August
22, 1996, survey taken by City crews indicated approximately 8% of City streetlights are
unlit. Florida Power charges the City to power a system that is 100% operational. A
letter is being sent to Florida Power requesting the company increase their surveillance of
City streetlights or credit the City for overcharges. Commissioner Clark suggested
establishing standards of performance.
The City Manager reminded the City Commission of the Dumpster Screening
Contest, scheduled for October 4, 1996, at 9:00 a.m.
ITEM #44 - Other Commission Action
,.J~.)
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Commissioner Seel questioned a fax received today regarding the Harborview
Center. The City Manager indicated Dean Rowe had advised the City a problem may exist
with the budget. Staff is not sure Dean Rowe's numbers are correct and will meet with
him. She stated she will not request more money from the Commission for Harborview
Center construction costs.
Commissioner Hooeer referred to his recent tour of the North Greenwood area and
indicated neighborhood street lights are "Iess than brilliant." De puty City Manager Rice
said staff will address that issue.
Commissioner HooDer questioned the status of the gas system audit. It was
indicated work on the audit is progressing. The report should be ready for Commission
review in January 1997.
ITEM 1/45 . Adiournment
The meeting adjourned at 9:01 p.m.
ATTEST: \n~b~
~tfj-Clerk
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