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06/05/1997 (2) " I' " . ,... _ _ _..._._..... _..~. ' . , ." :' .' .. . ,., e:.;.".... ". t .i< , I' ~ " " , ' c , . .' '" , , . ' 1" \ < I ,,' ',' < ~ . "..'.~::. . I"":" .. ."-'~ ,'f, ,I....... " '...1....... ' .'~H~;:::..,-r,:,,,.-:~.........."{<...M'>.:~~>ll....;....-\........,__. ." .,~ '.~.. \.15< 'l:j';':"';~~." I.. .:,. . ,,' :, ',: J' ' .. ~!, .... .' '. " , ' , , COMMISSION " . City Commission Minutes , 'c t,< . c, ',3, " Date 3u fle.. S-, 1 CJ g 1 '. ... J " . , / ~ \ I . " ' 1 ~~3 ,+1, " . ;, . , '. :' \ . " , '. " I.. . , , .: I '", e ,..' . , , . ~ , :"'. '.'.,'" , . ~ . , , "., . : '.' >e' . , ~, , . Ie' . t:.. ',', . . ' , . :;' ,J: c I :,. ~ > . . p' . ' ' , . , 'I, II' l: :. ~ " . , > <. ~ " " ,cl 'r. , " , .~'., ' . : I " ,e ,! ", /. .. . :. L; ," , , < '. < e ;' . I ~ , , ,< " . . + l " t r,' ;. . ,> .), . , .,', h ~> ~: '-t ',' .. :,' e" . . "". '}" '..' ' '.'. < ...' :' " . 'e ~ < . . ,. .' .': . ! . ~ . .., ,,' :' T .' , <, . " '. ,J ....:..-. '. ...... '.' ......',:..~ . '.';',',', ,.... , .', ./,' . .~'I, II ,=-, '..' , " ' , I '.' ____ U . .,' . < '.' ", .;. 0' " " .. . .' .- ". ACTION AGENDA ~ CLEARWATER CITY COMMISSION MEETING Thursday, June 5, 1997 ~ 6:00 P.M. - Commission Chambers 1. Invocation 2. Pledge of Allegiance 3. Service Awards 4. Introductions and Awards 1. Commissioner Johnson. 2. Mayor. 3. None. 4. Proclamations: Code Enforcement Officers' Appreciation Week ~ 6/16-20/97 Flay Day - 6/14/97 5. a) Report received. b) Senator Latvala commented on past legislative session and presented a check for the quarterly payment for the Downtown Planning Grant from Secretary of State Mortham. c) Program explained. Approved. 5. Presentations: a) Legislative Summary Report ~ Pete Dunbar & Martha Edenfield i b} Welcome & recognize Senator Jack Latvala c) Expenditure of $16,358 from Police Department's operating budget to implement a Volunteer Handicapped Parking Enforcement Program (PO) Howard Groth, Clearwater Housing Authority, presented the Annual Report, presented check in lieu of taxes. t") "{ t~. . Jeff Harper recounted the accomplishments of <;:ity Manager Betty Deptula's tenure and presented her a picture of Clearwater City Hall signed by many of the city employees. On behalf of the Commission, the Mayor presented a dish garden and Commissioner Clark presented a framed copy of the Vision Statement to Ms. Deptula 6. Approval of Minutes - Regular Meeting 5/15/97 6. Approved as submitted. Intent of conditions re reporting from Hospitality Center non-profit clarified. 7. Citizens to be heard Te items not on the Agenda Sarah Brown Caudell requested consideration of allowing banners and sandwich board signs, in particular for events at Harborview. Pat Wilson requested the rewrite of the Land Development Code include requiring a public hearing before approval of the location of soup kitchens. Ervin Uiamaa Babalola presented information to update the Commission on what his organization is "doing. Acknowledged City's support and requested continued cooperation. Joe Evich stated there are times micro management is needed to keep the taxpayers informed regarding to where money is going. 06/5/97 1 13. Approved. Ord. #6146-97 passed 1 st reading. .' ,.,. ,v 8. (Cont. from 5/15/97) Public Hearing - Land Use Plan Amendment to Commercial Neighborhood & CPO Zoning for property located on N side of SR590, approx. 700' W of McMullen Booth Rd., SaWs Lake Park, Unit B, Tract B (Terepko, LUP97~02, 297.03) ~ Applicant request to continue to 6/19/97 9. Variance(s) to Sign Regulations for property (Eckerd Drugs) located at 505 S. Belcher Rd., Sec. 18-29-16, M&B 32.05 (Ellis & Co., Ltd., SV97-04) 10. Public Hearing & First Reading Ord. #6147- 97 - Vacating 3' drainage easement lying along west side of Lot 40 and City's request to vacate 3' drainage easement lying along east side of Lot 39, Brentwood Estates, less southerly' 10' (Chandler, V97-04) 11. Public Hearing - Res. #97-34 - relating to community redevelopment; finding existence of blight conditions in an area of the City known as Clearwater Beach; making certain ,(;~ findings and determinations; authorizing f'..~1 appropriate officials to request delegation of redevelopment powers from Pinellas County 12. Public Hearing & First Reading Ord. #6145- 97 - amending Sec. 47.083 relating to fees and issuance of permits, including certain temporary permits by facsimile 13. Public Hearing & First Reading Ord. #6146- 97 - amending Appendix A Schedule of Fees, Rates and Charges relating to Sec. 47.083(4) PUBLIC HEARINGS 8. Continued to 6/19/97. 9. Continued to 6/19/97. 10. Approved. Ord. #6147-97 passed 1 st reading. 11. Tabled. 12. Approved. Ord. #6145-97 passed 1st reading. CITY MANAGER REPORTS CONSENT AGENDA (Items #14-16) . Approved as submitted. 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. 14. Aporoval of Purchases oer 5/27/97 memorandum: Financial System Software Support & Maintenance, Ross Systems, 7/1/97-6/30/98, est. $48,888 (1M) Irrigation Supplies, Century Rain Aid, 6/5/97-6/30/98, est. $34,308.43 IPR) 06/5/97 2 ., ~...,..." ,,'A .,', ".;,' ';..'. ,c \', ,,' ".'..1.. <! I'';'.;:';..i.~ ':, ;}.~'J,v'c:.j,:~~:~;{i~'i:',~c;.:;; '(.:: i' "c< Extension (1 st of 2 renewal options), generator maintenance, Diesel Energy Systems, Inc., 6/6/97-9/30/98, $44,400 (GS) Three 1997 Dodge Ram passenger vans (additional units), Regency Dodge, Inc., $59,337 (GS) Saf Dek playground safety surfacing, No Fault Industries, $31,171.20 (SW) Two Digital Equipment Corporation LG08S-AA printers, Southern Office Equipment, net cost $13,981.64; additionally, declare surplus & authorize trade-In, two Digital Equipment Corporation LG02-A2 printers (1M) Extension (1 st of 2 renewal options), Fire Hydrants, U.S. Pipe and Foundry, 6/6/97-5/31/98, est. $48,197 (PS) Contract for Clearwater Beach Elevated Tank Removal to Kimmins Contracting Corp., $41,754 (EN) Revised Commission policy regarding permit and application fee waivers (ep) .. .' I,.' , ". . " . . ~ ' " . j '. i -- . ~- 15. 16. 1 7. Approved. OTHER ITEMS ON CITY MANAGER REPORT 17. Approve additional $55,000 construction funds for Clearwater Homeless Intervention Project, Inc. (CHIP) 18. Payment of $28,500 to David Ford for complete settlement of workers' compensation claims (FN) 19. Ratify/Confirm C.O.#5 (Close-Out) for Carpenter Field Clubhouse Renovations to .:r~ Oakhurst Construction Co., Inc., $8/049.86, "d for total $680,206.86 (PR) -" 20. Agreement with CSX Transportation, Inc., re Highland Avenue Widening Project, railway crossing replacement, est. $287,791.14; Res. #97-36- authorizing city officials to execute the agreement (EN) 21. Res. #97-37 - supporting all efforts to extend and advance use of all intermodal transportation opportunities within Pinellas County (EN) 22. Approve transfer of $241,000 from General Fund to Municipal Services Complex (Project 94602) for funding of other non-construction expenditures; approve transfer of $241,000 in interest earnings on bond proceeds from the Improvement Revenue Bonds ,Construction Fund to the Improvement Revenue Bonds Debt Service Fund for the payment of principal and interest on the bonds, previously budgeted to be funded from General Fund revenues (eM) 23. Beautification Committee - 1 appointment (eLK) U6/5/97 . .' < . ,.~ r 18. Approved. 19. Ratifed & Confirmed. 20. Approved. Res. #97-36 adopted. 21. Approved. Res. #97-37 adopted. 22. Approved. 23. Appointed David Stitt. 3 _24. Other Pending Matters 24. None. " " l,';' CITY ATTORNEY REPORTS 25. Resolutions - Adopted a) Res. #97.33 M Assessing property owners the costs of having mowed or cleared owners' lots 26. Other City Attorney Items a) Settlement of attorney fees - Abdullaj vs. City - DENIED b) Planet Bubba . Order re appeal of Planning & Zoning Board's decision (CU96-1 6) - APPROVED 27. City Manager Verbal Reports City Manager reminded Commission and public of Neighbors' Day at the Airpark, Saturday at Noon. She noted the difficulty in scheduling site visits to agencies applying for funding through the consolidated plan. Noted alternative of scheduling individual visits or attending the agencies presentations on 6/9/97. She reported there is a conference on Emergency Management for Public Officials at the County Courthouse 7/29/97, 1-3 p.m. Several Commissioners indicated they would attend. She indicated there would be a week between her departure and Mr. Roberto's arrival, therefore the Commission needed to appoint an interim City Manager. Kathy Rice appointed as Acting City Manager. '~~ ,,,.,, t,,~ 8. Other Commission Action Seel questioned the date of the Phillies trip. It is not known at this time. Seel questioned plans for the CRA .owned property at 11 80 Cleveland Street. Assistant City Manager Keller reported there are no definite plans but would recommend no long term lease as requested by the AIDS Coalition. The Mayor to send letter indicating consensus of Commission not to enter long term lease. Seel provided an update on issues before DOB: 1) plans for murals along Pinellas Trail, 2) Festival of Trees and Lights along with other holiday activities will be at Harborview. Mr. Keller indicated a report re City actions to clean up city property along the trail will be given at the next CRA meeting. Johnson agreed with Mayor re spending $37,000 to collect $148,000 thru GIS grant. HooDer questioned follow up on recent FAST alert from FLC. A letter re City's position on ISTEA to be sent to federal legislators. HooDer stated that as a former employee and current Commissioner he thinks highly of Ms. Deptula. Wished her and her family well as she retires. Clark apologized that he would be unable to attend events at airpark this weekend. He noted the irony that Santa Claus would be at the Harborview Center which used to be a Maas Brothers to which many parents brought their children to see Santa. Garvev requested citizens report malfunctioning street lights. 29. Adjournment ~ 10:17 p.m. IQ/5/97 4 f<~,:~;".~,:;t;)' ,;.. ':I:.;t?.::,~'~?~ .:..' .::\:. , '.. .' . . c/. . " ... -"-_. -~ . ~.-.:..... " ' '. , I I, r ~ . " ' ' ". . , . . " . :c' ',' <:.. ~ ';::;;,',;...':- ',; :'" , '1 < '. ~..:. 1 ~ ~ ' ;',' >~. '.: .' ", I. " ,., CITY COMMISSION MEETING CITY OF CLEARWATER June 6, 1997 Present: Rita Garvey J. B. Johnson Robert Clark Ed Hooper Karen See I Elizabeth M. Deptula . Kathy S. Rice Bob Keller Pamela K. Akin Scott Shuford Rich Baier Cynthia E. Goudeau Gwen Legters Mayor/Commissioner Vice-Mayor/Commissioner Commissioner Commissioner Commissioner City Manager Deputy 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 Commissioner Johnson. The Mayor led the Pledge of Allegiance. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. o ITEM #3 - Service Awards - None. ITEM #4 - Introductions and Awards Proclamations: Code Enforcement Officers' Appreciation Week - June 16-20, 1997 National Flag Day - June 14, 1997 ITEM #5 - Presentations Howard Groth, Chair of the Clearwater Housing Authority (CHA), presented its annual report. He said the performance evaluation has been submitted to the Department of Housing and Urban Development. A big undertaking this year has been obtaining credit through Barnett Bank to expand the housing stock. He said CHA Executive Director Deborah Vincent has been assisting the Sarasota Housing Authority. While affordable housing has not been as successful as had been hoped, 14 units have been sold and he was confident the program will be successful. The police department has done a great deal with youth programs to stabilize the Condon Gardens and Homer Villas communities. He said the CHA is still waiting for the retention pond to be cleaned. In response to a question, Mr. Groth explained in order to purchase units in Willowbrook, buyers must be in the low to moderate income category and do not have to be in public or subsidized housing to qualify. o mcc06a97 1 06/05/97 f,_'" '" ',~.., ',,' ,:';:,:' ':';,"'::',;':j',:':,:~,',,:',j' '. ',",,:',,'i , ,., . " ,. . . . .\" . '., ". ." .=J .' ';'" '\ cO .., ' .. '. . , ., I . J .' 1 . ", ~ >' I' . ." ~' > _____ :' ". 1:=1 '. ;, ,,' I ~ L ' 'I I" '.' t~ He presented a check to the City for $23,732.44 as an annual contribution in lieu of taxes. He listed the members of the authority, stating they have a first class team. Special Presentation to the City Mana!:1er On behalf of the more than 1600 City employees, Jeff Harper, Director of Information Management, made a special presentation recognizing City Manager Betty Deptula who retires June 13, 1997. He said people are proud to work in a City with a reputation for being an innovator in government services. Betty Deptula has been a manager in that long tradition. He listed some of the accomplishments which have occurred under Betty's le'adership: improving and expanding community policing; the best Parks and Recreation and Library Departments in the State, and the best public sector television station; modeling a recycling program, creating a tourism office, and promoting aggressive and progressive economic development. Strategic planning and a City Vision have been identified through her supervision. Betty has demanded quality. and instilled in the departments the need to provide excellent customer service. The most impressive achievement was uniting 25 City departments as a team where the members know each others' concerns and are willing to help each other. He said Betty has been a teacher, coach, leader, task master, and friend to the employees, who love her. He presented a framed photograph of City Hall signed by Ms. Deptula's coworkers. Mayor Garvey and Commissioner Clark presented gifts from the City Commission: a dish garden, and a framed vision statement. The Mayor thanked Ms. Deptula for leading the Commission through the decision making process to create the City Vision. c~ .,:<1,11 Ms. Deptula said she could not have asked for a more supportive staff. She thanked the current and former City Commissioners, noting how people with different visions can all have the City's best interests at heart. She said it has been a privilege to work for the City for 20 years. The meeting recessed from 6:28 to 6:37 p.m. a) Legislative Summary Report - Pete Dunbar & Martha Edenfield Mr. Dunbar explained how the lobbyists worked and what they were able to accomplish in the last session toward meeting the City's goals and expectations. Working with key City staff members and key legislators, they stepped out on three proactive issues: the Memorial Causeway Bridge Joint Project Agreement; Brownfields; and the 1998 Winter Olympics Hospitality Center in Nagano, Japan. He recognized the Pinellas County Legislative Delegation's help, particularly from Senators Latvala and Sullivan. He also noted assistance from W.O. Childers from Pensacola, and President of the Senate Jennings. He acknowledged help from Representative Safley, Commissioner of Agriculture Crawford, and Secretary of State Mortham. He said is has been a very successful year for Clearwater. He has started meeting with Ms. Goudeau in preparation for the next cycle. They will anticipate what is on the legislative agenda and gather a list of interim projects to circulate through the City, as a starting place for building the next program. o mcc06a97 2 06/05/97 ~ ' '. .' r~ The City Commission thanked Mr. Dunbar, Ms. Edenfield, and the Delegation for their remarkable accomplishments to make things happen for the City of Clearwater. b) Welcome and Recognize Senator Jack Latvala Senator Latvala said Clearwater had one of its best years in Tallahassee, in terms of funding and passed legislation. He said Brownfields has received accolades from the media, business and environmental communities, and will have a dramatic effect statewide. He hoped to present the $500,000 grant check personally. He said the City is a model for implementing Brownfields and a pioneer in interesting the State in the idea. The guidance he received from the lobbyists is a testament to the City's leadership. He presented a grant check for the quarterly payment of the downtown planning grant from Secretary of State Mortham. He acknowledged Senator Sullivan for playing a big role in the appropriations effort, and looks forward to a good year next year. Appreciation for the Senator's hard work was expressed. Representative Sandy Safley was recognized and welcomed to the meeting. c) Expenditure of $16.358 from Police Department's operating budget to implement a Volunteer Handicapped Parking Enforcement Program (PO) tlZl.,\ .,,''!t' Handicapped space and fire lane parking violations have been the subject of frequent complaints, but are difficult to enforce due to the volume of higher priority calls and their wide-scattered locations throughout the City. At the suggestion of the City Commission, the Police Department explored the development of a volunteer program similar to those instituted by the St. Petersburg Police Department and the Hillsborough and Palm Beach County Sheriff's offices. Clearwater's program will provide more consistent enforcement by supplementing the current personnel deployment with specially trained citizen volunteers. The program will be open to all citizens, including the disabled. These volunteers will be trained and State certified as parking enforcement specialists who will have the ability to write and issue parking citations. These radio-equipped volunteers will act as supplemental "eyes and ears" for the Police Department, reporting suspicious activity, much like a "roving neighborhood watch." The program will consist of 20 volunteers who will attend a 40.hour training class. The volunteers will be utilized only during daylight hours. Chief Klein presented information to the public. The program to issue citations for fire lane and handicapped space parking violations will operate within the existing budget for the remainder of the current fiscal year, at a cost of $16,358. Future annual costs are estimated at $22,500 and will be included in the Police Department's operating budget. He anticipated the program will generate revenue exceeding $78,000 per year. The program will be advertised on C-View TV. Informational flyers and application forms will be available at City buildings and other public locations. He briefly reviewed the qualifications for citizens interested in volunteering. o mcc06a97 3 06/05/97 \" " " , ',' I..... '. , .' ,J ,~ . 'J Commissioner Clark moved to approve expenditure of $16,358 from the Police Department's operating budget to implement a Volunteer Handicapped Parking Enforcement Program. The motion was duly seconded and carried unanimously. ITEM #6 - Accroval of Minutes Commissioner Johnson moved to approve the minutes of the regular meeting of May 15, 1997, as recorded and submitted in written summation by the City Clerk to each Commissioner. The motion was duly seconded. Mayor Garvey expressed concern with language on page 8 regarding the transfer of funds to the Nagano program non-profit group. She questioned if a separate accounting system is being required for use of those funds. Ms. Deptula responded the requirement would be the same as for most non-profit agencies who receive' funding. The Mayor acknowledged accountability is important, but felt it was possible to satisfy reporting requirements without a separate accounting system. She desired clarification of the Commission's intent for the record. It was indicated clarifying the issue would not change the minutes as submitted. Upon the vote being taken, the motion carried unanimously. .:) Further discussion ensued regarding accounting for the Nagano project funding. Staff is to provide the Commission with an accounting of to-date expenditures. Ms. Deptula compared the reporting requirement to that of the Jolley Trolley, in which a CPA monitors the system to ensure reasonable expenditures and typical controls are in place. They are not required to give a separate accounting specifically of the City funds. Commissioner Clark moved to make the monies given by the City to the Nagano project subject to the same accounting and reporting required of anyone else who receives City money. The motion was duly seconded and carried unanimously. ITEM #7 - Citizens to be heard reQardinQ items not on the AQenda Sarah Brown Caudell said she is pro busine~s, and noted the Harborview Center must be allowed to advertise its events to be successful. She expressed concern with the sign restrictions and asked for repealing or revamping the sign code to allow banners and sandwich signs in major areas to promote events. Mayor Garvey responded this suggestion and other possibilities are under investigation. Pat Wilson referred to a letter addressing the areas where soup kitchens are allowed to operate. Because of the unique impact on their surroundings, she said soup kitchens should be required to undergo public hearings and impact studies, perhaps as conditional uses prior to approval. Central Permitting Director Scott Shuford responded staff is pursuing the issue and will bring it to the attention of the City Commission in conjunction , "'~ o mcc06a97 4 06/05/97 " "> .. c, ..'. : ~'. ' " ' .... 'I .,: . " ,~ ~ with the Land Development Code re-write. Commissioners agreed care is needed in locating homeless shelters to minimize impacts on the surroundings, and to ensure they are not converted to apartments. Ervin Ajamu Babalola submitted information updating the Commission on his activities. He referred to a March 14 letter acknowledging the City's support and cooperation, but expressed concern his program is not getting real support from the City. He felt it is important to work in concert with City. Joe Evich indicated he regretted Ms. Deptula's retirement. He said elected officials have to be accountable for circumstances, and micro-management is needed at certain levels. He said taxpayers need to be informed on a more timely basis when cost overruns are occurring and where the money is going. PUBLIC HEARINGS ITEM #8 - (Cont. from 5/15/97) Public HearinQ - Land Use Plan Amendment to Commercial NeiQhborhood & CPD Zonina for property located on N side of State Road 590, approx. 700' W of McMullen Booth Rd., Sail's Lake Park, Unit B, Tract B (Terepka, LUP97-02, 297- 03) (..:.::.r, ~"'l:rI!f The applicant currently operates a professional dry cleaning business (Spirit Cleaners) at 1590 McMullen Booth Road, by State Road 590. The rezoning and land use plan amendment are being requested to construct a dry cleaning business office with ancillary services on a vacant lot directly across State Road 590, opposite the current business. The proposed business is categorized as a "personal service," which is neither a permitted nor conditional use in the RM-8 zoning district. The applicant was not present, having requested continuance of this item to June 19, 1997. Glen Dunnington spoke in opposition to the proposed zoning change. He built his duplex in 1 973 with the understanding the subject property would not be developed. He said his wife and daughter suffer from allergies and were concerned they would be bothered by chemicals used in the dry cleaning process. He complained of noise from the nearby animal shelter. He submitted a petition in opposition signed by neighbors who could not attend the public hearing, but wanted to express their feelings. It was indicated staff's recommendation had been to deny the rezoning request. Mr. Shuford clarified the applicant has requested a continuance to modify the site plan to be more sensitive to the neighbors' concerns. He said staff's recommendation for denial may change when the site plan changes. He will meet with Mr. Dunnington. Commissioner Hooper moved to continue Item #8 to the meeting of June 19, 1997. The motion was duly seconded and carried unanimously. '0 mcc06a97 5 06/05/97 Todd Pressman, representing the applicant, verified photographs of the subject property. He said the drugstores of old are being replaced by hybrid stores with more than one type of retail sales. He noted drive-through pharmacies are becoming more popular, and indicated site details on an elevation drawing of the proposal. Responding to staff comments, he said the one~hour photo window sign in the center and a long strip of window signs will be removed. He noted the building is located 340 feet from Belcher Road, and the provisions of the sign code could allow more square footage signage. He felt the five proposed wall signs were in scale and would not distract traffic. ........ ITEM #9 - Variance{s) to Si!:1n ReQulations for prooertv (Eckard Druas) located at 505 S. , 1 t Belcher Rd., Sec. 18-29-16, M&B 32.05 (Ellis & Co., Ltd., SV 97.04) Mr. Shuford presented background information and written staff recommendations, stating the applicant is requesting (1) an area variance for attached signs of 73.9 square feet from the permitted 64 square feet, to allow 137.9 square feet; (2) a variance of 1 attached sign to allow 6 attached signs; and (3) a variance of 2 wall signs to allow 5 wall signs. Staff recommends denying variance #2 for failure to meet Standards for Approval 1 through 4. The 10 square foot "1-HR PHOTO" window sign is repetitious of a wall sign with the same text. Staff recommends approval of (1) an area variance for attached signs of 63.9 square feet from the permitted 64 square feet to allow 127.9 square feet, and (3) < a variance of 2 wall signs to allow 5 wall signs, as the variances meet Standards for Approval numbers 1 through 4. The business is set back approximately 340 feet from Belcher Road, and needs the larger signage area for business identification. Application of a 125% attached sign area bonus for businesses located more than 300 feet from the roadway is precluded due to the area of the proposed secondary attached signs. If the 125 % bonus was allowed, it would provide 80 additional square feet of attached sign area. The proposed number of signs will help identify this business and its services. The placement of five wall signs with an area of 127.9 square feet will be in scale with the relatively wide storefront, and will not detract from the appearance of the City. t~'"\ }'/f~rl In response to a question, Mr. Shuford said the signage can be seen from Gulf-to- Bay Boulevard, but is oriented to Belcher Road. The sign bonus does not apply because it is restricted to the primary attached sign. In response to a question, Mr. Pressman said the proposed drive-through from Gulf- to-Bay Boulevard would replace unit #501, the current location of a Morton Plant site. Concerns were expressed with approving a sign variance when Eckerd has a large sign oriented to Gulf To Bay Boulevard. It was indicated additional signs are needed for the one-hour photo and grocery store businesses. The meeting recessed from 7:34 to 7:43 p.m. Concerns were expressed with continuing to grant variances to the established sign code. Questions were raised how this request compares to denial of sign variances requested by Albertson's and Smart & Final. o mcc06a97 6 06/05/97 ,. . , ' ,~ J Mr. Pressman stressed the variance request is to allow aesthetic, symmetrical placement of signs on the building. He noted Eckerd made two concessions before coming forward with the current plan. Discussion ensued regarding the proposal and the trend toward hybrid retail. Mr. Shuford said the applicants could use the sign bonus to put up a single large building sign with all the desired information on it. The applicant is not allowed to have a freestanding sign. Discussion ensued regarding sign bonus provisions and distance of the proposal from the roadway. Mr. Pressman responded to a request to identify the five wall signs on the elevation drawing, reiterating the applicant has already removed long strips of window signs from the proposal. Mr. Pressman noted the requested square footage is less than the maximum allowed by code. A continuance to obtain comparative information on similar variance requests was suggested. Commissioner Clark moved to continue Item #9 to the meeting of June 19, 1997. The motion was duly seconded. Discussion ensued regarding reasons for the continuance. It was indicated the issue is not sign age area, but whether the Commission will allow two additional wall signs. More information was desired regarding signage in the Gulf-to.Bay Boulevard corridor. (.4:~ ~~~iI Upon the vote being taken, Commissioners Johnson, Clark, and Seel, and Mayor Garvey voted "Aye"; Commissioner Hooper voted "Nay. II Motion carried. ITEM #10- Public HearinQ & First Readinq Ordinance #6147-97 - Vacating 3' drainage easement lying along west side of Lot 40 and City's request to vacate 3' drainage easement lying along east side of Lot 39, Brentwood Estates, less southerly 10' (Chandler, V97-04) Commissioner Hooper moved to approve the request to vacate a three-foot drainage easement lying along west side of Lot 40 and the City's request to vacate a three-foot drainage easement lying along the east side of Lot 39, Brentwood Estates, less southerly ten feet. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6147-97 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance #6147-97 on first reading. The motion was duly seconded and upon roll call, the vote was; "Ayes": Johnson, Clark, Hooper, Seel and Garvey. "Nays": None. ITEM #11 - Public HearinQ - Res. #97-34 - relating to community redevelopment; finding existence of blight conditions in an area of the City known as Clearwater Beach; making certain findings and determinations; authorizing appropriate officials to request delegation of redevelopment powers from Pinellas County o mcc06a97 7 06/05/97 :~ I~ o , " I.' , Ms. Deptula said after hearing discussion and an educational presentation by Mr. Shuford, it is recommended to table this item to a later date. Staff needs time to prepare a communication plan regarding how to better interact with the County and the community. She recommended hearing the presentation and taking public input, but taking no formal action at this time. , Mr. Shuford provided information regarding the proposed Clearwater beach CRA area. A time line from 1991 to the present highlighted redevelopment history on the beach. He stressed it is 'not public or private property that is blighted on Clearwater beach, but infrastructure in need of improvement that would meet the criteria and qualify the beach under the Redevelopment Act of 1969. Mr. Shuford listed the advantages of a CRA as follows: 1) Provides a facilitated public input process; 2) Creates a redevelopment plan; 3) Allows acquisition of land for redevelopment; 4) Tax dollars raised on the beach will stay on the beach; and 5) Provides for Tax Increment Financing (TIF.) Mr. Shuford listed public concerns and responded to each, stating: 1) A CRA will not cause taxes to increase because no new taxes are being created. 2) Use of the term "blight" or "blighted" is unfortunate, but required by State law in order for the beach infrastructure to qualify for a CRA. He stressed private property is not blighted; 3) The Downtown CRA was not as successful as the City had liked, but different circumstances exist because the private redevelopment being encouraged downtown is not the driving force of the Clearwater beach plan; 4) The beach CRA will NOT become a part of the Downtown CRAi (although the City Commission will administer both,) because TIF funds must stay where they are colll;!cted; 5) CRA beach redevelopment will not take a long time, because a number of public projects with an emphasis on City and Penny for Pinellas funding will improve property values. The City would not be counting on CRA funds to help with those projects; and 6) What is included in the CRA plan will depend on public input and City Commission action. He expects to address the issues raised in the consultant's report earlier this year, concentrating on the public realm. Mr. Shuford said a Clearwater beach CRA will work because the City will concentrate on tourism, economic development and public safety, as directed in the City Vision. Also, a better economic base will result in growing property values; a court settlement agreement will spur short term redevelopment; and a limited focus will be concentrated on public projects. He reviewed the typical steps in creating a CRA: 1) Adopting a resolution; 2) Creating a CRA Plan; 3) CRA Plan adoption; 4) County approval; and 5) Implementation. He reiterated the City Commission will manage the Clearwater beach CRA. The City Commission is being asked to table the issue tonight. On June 19, staff will bring forward a Communications Plan, to layout the steps involved and explain how the consultants will facilitate the process. Progress reports will follow. He also noted there is flexibility in the state statute of which staff was previously unaware. , Discussion ensued regarding the issue. The Commission emphasized Clearwater beach is not blighted. State law requires use of that term to address the inadequate public mcc06a97 8 06/05/97 :d,~:r'I";.~ '~,:":r/~:~' < " J ',..~: ,.' c.1 ". . I I~ infrastructure. In response to questions, Mr. Shuford said a Master Plan is not in place for Clearwater beach, although one is needed. Staff will try to identify the issues during implementation of the communications plan, for inclusion in a Master Plan. The City will need to get answers on several large pending issues as quickly as possible. He said the timetable for intersection and roadway improvements to the Mandalay Streetscape directed by the City Commission may be delayed by CRA plan preparation. In response to a question, Ms. Deptula said beautification of the Mandalay Streetscape does not depend on a CRA, or TIF dollars. While concerns had been expressed regarding parking and traffic flow, it is not possible to look at Mandalay improvements before making decisions regarding the larger issues such as the new bridge and the Civic Center. All these issues are part of a Master Plan. She suggested for the City Commission to give direction at City Manager Roberto's first meeting, to start the Master Plan process by identifying the values and the issues wanted in the plan. She said the Mandalay Streetscape has missed the window of opportunity for completion in 1998 and cannot be finished until mid 1999. Suzanne Boschen, Joe Evich, Jay Keyes, Paul Jellup, Sarah Caudell, Henry Haddick, Anne Garris and Jim Hellinger, Jr. (representing Frank and Benny Brinson) spoke in opposition to a CRA for Clearwater beach, stating concerns regarding: increased taxes, there being better ways to encourage redevelopment, that the negative impact on being declared a blighted area would be detrimental, that a plan needs to be in place first, and that condemnation would be used to take private property. tfJ.;t\ ")l~ Bill Kirbas, representing the Clearwater beach Association, and Joseph Baker suggested if a CRA is approved that an advisory board be established and there is a sunset provision. Jim Wood stated there is a need to update the City's Master Plan. He felt a CRA will bring more money to the City and improve property. Mr. Shuford said tonight's comments have proven staff needs to do a better job of communicating with the public. Commissioner Johnson moved to table Item #11. The motion was duly seconded and carried unanimously. ITEM #12 - Public HearinQ & First ReadinQ Ordinance #6145-97 - amending Sec.47.083 relating to fees and issuance of permits, including certain temporary permits by facsimile An internal audit of the Central Permitting Department recommended the current policy allowing certain permits to be issued by FAX be placed in the code. Permit by fax service will be allowed for projects that do not require plan review. This will allow the contractor to obtain a temporary permit to start the job, then mail in payment for the permit. Central Permitting is currently handling about 120 permits a month in this fashion. o mcc06a97 9 06/05/97 . I ,'" ;', ~ " '. + .~ ~.......~_. __-';"" .........- _' . : . ., . ':' ',' ..' . : " ,'" ,',.,.. I .; , " " .. /} Commissioner Seelmoved to approve amending Sec. 47.083 relating to fees and issuance of permits, including certain temporary permits by facsimile. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6145-97 for first reading and read it by title only. Commissioner Seel moved to pass Ordinance #6145-97 on first reading. The motion was duly seconded and upon roll call, the vote was; "Ayes": Johnson, Clark, Hooper, Seel and Garvey. "Nays": None. ITEM #13 - Public HearinQ & First Readinq Ordinance #6146-97 - amending Appendix A Schedule of Fees, Rates and Charges relating to Sec. 47.083(4) An internal audit of the Central Permitting Department recommended the current policy of charging a fee for permit extensions be placed in the code. The fee allows the recovery of some of the costs to extend those permits for which construction has not commenced within the required six month period. Commissioner Seel moved to approvl:I amending Appendix A Schedule of Fees, Rates and Charges relating to Sec. 47.083(4). The motion was duly seconded and carried unanimously. .~:> t", title on~~e C~Z~:~~~~:~ ~~eos;;rt~0~~~i~~n;:s:~r:~-::c:0~~i~~t6~~;d~; f~~~ ;::~i~~~y The motion was duly seconded and upon roll call, the vote was; "Ayes": Johnson, Clark, Hooper, Seel and Garvey. "Nays": None. CITY MANAGER REPORTS CONSENT AGENDA (Items #14-16) - Approved as submitted. ITEM #14 ~ Approval of Purchases per 5/27/97 memorandum: Financial System Software Support & Maintenance, Ross Systems, 7/1/97-6/30/98, est. $48,888 (1M) . Irrigation Supplies, Century Rain Aid, 6/5/97-6/30/98, est. $34,308.43 (PR) Extension (1 st of 2 renewal options), generator maintenance, Diesel Energy Systems, Inc., 6/6/97-9/30/98, $44,400 (GS) ".nlL..... ) 'J mcc06a97 10 06/05/97 . . .'c.: ::,r , ., ,.,. :", ~' "',' ..., ~ _, :_..I__.~:~..:....:.........'..........:......,:",.:."".,",.l ',,'J, "L '. " '. ,,' ',' r' ',' . ," ') Three 1997 Dodge Ram passenger vans (additional units), Regency Dodge, Inc., $59,337 (GS) Saf Oek playground safety surfacing, No Fault Industries, $31,171.20 (SW) Two Digital Equipment Corporation LG08S-AA printers, Southern Office Equipment, net cost $13,981.64; additionally, declare surplus & authorize trade-in, two Digital Equipment Corporation LG02-A2 printers (1M) Extension (1 st of 2 renewal options), Fire Hydrants, US Pipe and Foundry, 6/6/97-5/31/98, est. $48,197 (PS) ITEM #15 - Contract for Clearwater Beach Elevated Tank Removal to Kimmins Contracting Corp., $41,754 (EN) , ITEM #16 - Revised Commission Dolicv reqardinQ permit and application fee waivers (CP) Commissioner Hooper 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. OTHER ITEMS ON CITY MANAGER REPORT ITEM #17 - Aoprove additional $55,000 construction funds for Clearwater Homeless r~d Intervention Proiect. Inc. (CHIP) Ms. Deptula said this item does not commit to $300,000 for future operation cost. Those funds will come forward with the budget. Police Chief Sid Klein said the project's $316,600 Fiscal Year 1997-98 operating budget was reviewed at Monday's worksession. The low construction bid was $636,000. An additional $55,000 in construction funds is being requested from the City to match the County's $100,000 contribution. Commissioner Hooper moved to approve an additional $55,000 for construction funds for Clearwater Homeless Intervention Project, Inc. The motion was duly seconded and carried unanimously. ITEM #18 - Pavment of $28.500 to David Ford for complete settlement of workers' compensation claims (FN) The claimant alleged he sustained a work-related heart and lung injury as a result of multiple chemical exposures while employed as a City spray technician. He resigned on November 17, 1995, upon being diagnosed with end-stage congestive heart failure, which caused total disability. He applied for a work related disability pension. A non-work related disability pension was awarded, with the right to present additional evidence to establish entitlement to a work related disability pension at a future date. The City of Clearwater has denied Mr. Ford's entitlement to workers' compensation benefits as Risk Management does not believe credible evidence exists to link Mr. Ford's condition with his chemical 0','. '. mcc06a97 1 1 06/05/97 " l,'~ o exposures at work. Risk Management believes Mr. Ford's condition relates to pre-existing hypertension, family history, and medical non-compliance. The City is actively defending the claim, at an ultimate cost to the City in excess of $35,000. If the City is ordered to' provide worker's compensation benefits to Mr. Ford, the ultimate cost to the City is expected to exceed $300,000. Concerns were expressed Risk Management does not believe credible evidence exists to indicate the disability is job connected. Ms. Deptula noted the item is not an agreement, but a legal settlement. Commissioners wished to send a strong message that . the Commission gives no credence to the implication this disability was in any way job connected. It was felt $300,000 for ultimate compensation was excessive. Commissioner Seel moved to approve payment of $28,500 to David Ford for complete settlement of workers' compensation claims. The motion was duly seconded. While it was agreed the cost of settlement is less than the cost of proceeding with the case, one Commissioner philosophically opposed the item. It was indicated the Pension Advisory Committee denied Mr. Ford's job related disability claim 2.5 years ago, before the current pension ordinance was adopted. Upon the vote being taken, Commissioners Johnson, Clark, and Seel, and Mayor Garvey voted "Aye"; Commissioner Hooper voted "Nay." Motion carried. ITEM #19 - Ratifv/Confirm C.0.#5 (Close-Out) for Camenter Field Clubhouse Renovations to Oakhurst Construction Co., Inc., $8,049.86, for total $680,206.86 (PR) The City Commission awarded a $621,647 renovation contract to Oakhurst Construction Co., Inc., on June 20, 1996. Three change orders totaling $25,570 were approved on October 3, 1996, for concrete slab removal and replacement; a roofing system; and cast iron sewer line replacement. The City Manager administratively approved a $24,940 change order for drive, sidewalk and elevation improvements west of the clubhouse building, and to complete locker refurbishment. Work was completed in time for the Phillies to occupy the building for 1997 Spring Training. The final close-out change order for $8,049.86 will take care of several minor items that needed adjustment in order to complete the project. . While the renovation was beautiful, well done, on time, and within budget, one Commissioner felt it is time for the City to require architects and contractors to pick up their cost overruns, unless City requested changes cause the overruns. Commissioner Johnson moved to ratify and confirm C.0.#5 (Close-Out) for Carpenter Field Clubhouse Renovations to Oakhurst Construction Co., Inc., for $8,049.86, for a total of $680,206.86 and that the appropriate officials be authorized to execute same. The motion was duly seconded. Upon the vote being taken, Commissioners Johnson, Clark, and Hooper, and Mayor Garvey voted II Aye"; Commissioner Seel voted "Nay. II Motion carried. mcc06a97 12 06/05/97 !'~ /..(\t,~:-{t' t~:..1/c'" y... . c ...' 'J " ' ': I.....:: I \, , ' (::;, .r " ~ ~ ~ ',: l'~'. : ". :,..' /,",: , ':( ,l., ";:1. ';1\. ,c'< ' :1, ":;\: 1.1,\ ~ .~. I: .,' ,'.. ,) " , " , o '; !"il '\ ' '\' i' /" f. '. ~"'. , . I' c., I ", ,"'l Pjo ITEM #20 - AQreement with CSX Transportation, Inc., re Highland Avenue Widening Project, railway crossIng replacement, est. $287,791.14; Res. #97-36- authorizing city officials to execute the agreement (EN) The original item in June 1996, stated a new railway crossing would be constructed just north of Flagler Drive. In March 1997, Change Order #1 stated staff was processing an agreement for a new crossing system to be brought forward when completed by CSX Transportation, Inc. A new railway crossing is required due to roadway widening and changes to the approach grades at Highland Avenue. The proposed crossing will include new traffic signalization and rubberized panels adjacent to the rails to accommodate both vehicular and pedestrian traffic. Public safety will be improved for pedestrian, bicycle and motorcycle traffic because the normal gap between the pavement and rail will be eliminated by placement of rubberized crossing pads adjacent the rail. This feature is important at this location due to the shallow angle of the railway crossing in relation to vehicular movement on Highland Avenue. Commissioner Clark moved to approve an agreement with CSX Transportation, Inc., regarding the Highland Avenue Widening Project, railway crossing replacement, at an estimated cost of $287,791.14 and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #97-36 and read it by title only. Commissioner Hooper moved to adopt Resolution #97-36 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was; "Ayes": Johnson, Clark, Hooper, Seel and Garvey. "Nays": None. ITEM #21 - Res. #97-37 - supporting all efforts to extend and advance use of all intermodal transportation opportunities within PineUas County IEN) Commissioner Hooper moved to approve supporting all efforts to extend and advance use of all intermodal transportation opportunities within Pinellas County. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #97-37 and read it by title only. Commissioner Johnson moved to adopt Resolution #97-37 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was; "Ayes": Johnson, Clark, Hooper, Seel and Garvey. ,"Nays": None. The meeting recessed from 9:11 to 9:21 p.m. mcc06a97 13 06/05/97 " " " " " , ..,t' I I \:, \ ! " .., .' , , , '3 rl , ., " :'Y" \ \, t' , . ' \ "\.' ,,' I" ~;, . " " " ''I''. .' 'I.f, ',' ./' .\':'; " , '; , ,"'(l'; {'''Ii\. I,d The Improvement Revenue Bonds, Series 1995, were issued in an amount of $10,720,000, equal to the expected cost of the Police portion of the Municipal Services Complex less the costs of issuance. From the time of the bond issuance in February 1995 through May 1997, the unspent bond proceeds earned $690,538.60 interest which was deposited in the Bond construction Fund. A total of $100,000 in interest earnings was previously allocated to fund the hiring of High~Point Rendel for project consulting services. A balance of $590,538.60 was unallocated. Principal and interest payments on the Improvement Revenue Bonds are approximately $560,000 per year. The interest earning on the bond proceeds are legally restricted to be used only for construction costs on the Police portion of the complex, or to pay principal and/or interest on the bonds. Non- construction expenditures relate to the project as a whole, but only a portion of these costs (Police) could be directly funded from interest earnings on the bonds. Transferring $241,000 of interest earning to the Debt Service Fund to pay principal and interest on the bonds will allow for a $241,000 reduction in transfers of General Fund money to the Debt Service Fund. A third quarter budget amendment will be made to reduce General Fund debt service transfers by $241,000 and increase transfers to the Capital Improvement Fund by $241,000. The Design Construction Team originally planned to incorporate $241,000 of non-construction items in the project budget, but it has become necessary to fund those expenditures from another source. This agenda item proposes to increase the total project budget by $241,000. ~ ITEM #22 - Aoorove transfer of $241 .000 from General Fund to MuniciDal Services Complex (Proiect 94602) for fundin!:1 of other non-construction expenditures; approve transfer of $241,000 in interest earnings on bond proceeds from the Improvement Revenue Bonds Construction Fund to the Improvement Revenue Bonds Debt Service Fund for the payment of principal and interest on the bonds, previously budgeted to be funded from General Fund revenues (eM) Ms. Deptula discussed background of the ongoing project to the Municipal Service building, Police Headquarters and Parking garage. Two change orders were approved by the City Commission. One was to fund cabling and fiber optics; the second was a decrease to allow staff to renovate City Hall. While the public has the perception this project is over budget, the project is still under budget. After the High Point report it is expected some of the remaining funds will be needed. Additional costs were directed by the City for a TV studio and housing for the Traffic Engineering computer. The City agreed with some of over $1 million in changes outlined by the architectural construction company in December 1996. That was one reason the City Commission approved hiring High Point, to determine the reasons for the additional funds. She said some distinct things were never anticipated, such as $100,000 to rent space for City employee parking. While not part of the construction cost, parking is a cost of doing business in the City, and would not have been needed if the City had stayed in the Annex. She felt it is a stretch to say the costs for site analysis were for the Municipal Services Complex, but she included them to be honest with all the costs. She noted parking fees and leases were approved individually by the City Commission. Ms. Deptula responded to an earlier question regarding why utility costs appear to have decreased. She said the original item in November contained four months of electric <J mcc06a97 14 06/05/97 '] '~:J~ f ':'lJ:'" v , " , T . . ,~ <, bills for February through May, when air conditioning was turned on in the Municipal Services Building so computer equipment and furniture could be moved in. There was an error in assuming the electric bills would go through the project. As every other City building's electric costs are allocated among the departments in the building, this cost was backed out of the project and billed to the individual departments. She said former Assistant City Manager Baker and architect Dean Rowe had agreed the project would pay the bills for other utility cost. Savings elsewhere may still cover these costs, however, in order to assume coverage she has included these costs in this requested increase. She noted her accounting also includes the cost for transfer of the property from the CRA. Ms. Deptula said staff's recommendation is reasonable. Since she is more familiar with the details, she felt the City might be able to close this chapter before the new City Manager comes in. She understood there may be some desire to continue the item until the report is completed. She noted it may take another year to settle all the issues. Concern was expressed with still having two City Halls. Ms. Deptula responded interconnecting computer technology has proven to be a real blessing. In response to a question, she said $182,959.32 of the requested $241,000 has been paid. The remainder will pay for projected additional parking lot rentals and maintenance through 1998. It was indicated this accounting is similar to the complete accounting records the Commission had requested regarding Harborview Center. Concern was expressed with the City not having known about, and planned ahead for parking and impact fees. A question was raised whether, by approving this item, the Commission is releasing other monies in the project that would pay for other line items in the budget. Ms. Deptula responded the project budget contains very specific items. Taking monies out of other line item budgets could probably pay the costs for which this money is being requested, but would tie the City's hands in trying to negotiate closing out the project. Approval of the agenda item will allow the City to balance the budget within the established parameters. A suggestion was made to take the needed funds out of other line items and come back with changes after completion of the report. Ms. Deptula said the Commission will know the ultimate price tag. Concern was expressed the contract is silent regarding who pays the utilities. It was questioned whether the agreement between Mr. Baker and Mr. Rowe was in writing. Ms. Akin responded it was not; however, there is no debate regarding that agreement. It was indicated the Commission could choose to approve only $182,959.32, but additional monies would be needed to pay for parking through the end of the year. It was noted rentals fall due on the first of the month. Ms. Deptula's explanation provided a better sense of comfort to one Commissioner, who noted going in another direction might result in more problems. Commissioner Clark moved to approve the transfer of $241,000 from the General Fund to the Municipal Services Complex (Project 94602) for funding of other non- construction expenditures; to transfer $241,000 in interest earnings on bond proceeds from the Improvement Revenue Bonds Construction Fund to the Improvement Revenue mcc06a97 15 06/05/97 : ~ ; '~ , , \ :. ':.' . .' j' ~ '., ;:. , ., . ' "II~ l.,'r....,J '.' '.,.,' 'j"': :.J , ,. " '.' ~ . I "',', " ," . 'I,. , ; ..',~ .\.':; , ~' : I::) " ' "I'; I. "{': :,;,': : ~ ;~:: :.... >':i'\.\,::-,"~:"" '.', "\',' ',' ,',t':,' . . .:-; . ;: :".:' l,'~' .. . . .. '.: '." ~~ ..~ , ,.". " Bonds Debt Service Fund for the payment of principal and interest on the bonds, previously budgeted to be funded from General Fund revenues. The motion was duly seconded. It was noted most of these costs do not apply to construction of the buildings. , Ms. Deptula agreed, but indicated many businesses would treat them as the cost of doing business. In response to a question, she said it was not likely the monies could be recaptured elsewhere. Most of the departments previously had free parking for employees. Concern was expressed this item is one more in a litany of additional requests. Overlooking the issue of impact fees was felt to be inexcusable. In response to a question, Ms. Akin said it has not been determined whether High Point Rendel will make a presentation. Ms. Akin said the report will not address this money; the consultants are looking at the actual construction project and the contract. While the possibility exists for more claims from architects and contractors, there is also the possibility the City may have claims in return. Upon the vote being taken, Commissioners Johnson, Clark, and Hooper and Mayor Garvey voted "Aye"; Commissioner Seel voted "Nay." Motion carried. ITEM #23 - Beautification Committee - 1 appointment (CLK) Commissioner Johnson moved to appoint David Stitt to the Beautification Committee. The motion was duly seconded and carried unanimously. ITEM #24 - Other Pendintl Matters - None CITY ATTORNEY REPORTS ITEM #25 - Resolutions a} Res. #97-33 - Assessing property owners the costs of having mowed or cleared owners' lots The City Attorney presented Resolution #97-33 and read it by title only. Commissioner Clark moved to adopt Resolution #97-33 and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #26 - Other Citv Attornev Items a) Settlement of attorney fees - AbduUaj vs: City The City prevailed in this lawsuit alleging false arrest and civil rights violations and is entitled to attorney's fees and costs by the plaintiff. City Attorney Akin recommended accepting the plaintiff's offer of a $10,000 settlement, as the City could expend several thousand dollars trying to collect the $40,000 due. In response to questions, she said many of Mr. Abdullaj's assets are in the name of mcc06a97 16 06/05/97 ...',.. .". .' ,; ,. \" ,\.'.. ,:" ',r.:' ',/ , I . . ~ ' .'. (lIIj ',to I' \" ;. I..:. '.; ,," j< , . ,',':,: ~ !". " , \L," ,.. '. " , " ~ : ,. , , .' I ' ,',.'. , ': : .. ..',:'. ~ ' :, :'. ' " (I'" , " .. , ,." :,~: '" :',:, )"',:'. :_!l" ':''':'\:,.':':'':;' . ~ I. " :, ',; , I. \ "1 . ~ : :. :', . , 0,.. ~.' ,,' ;. 'J .,' l l I . ~ , " "',.- j' '..'.' I".t. . ;'. ; ~ '. ~" . , ' "" . ,,:' ~ ,w.. . \ . , , . : C' .'{ , ~,: ' " , 1 ~., .'". " , I,' ", .'. " " :';:/..=::;(. ;.. 'I. \ ::", ~ .:~: .: 1, .,1," " ! " :.t,' .'f" , '1 ..". , . ,.. . ' :,'~ ,::J ,:" . ..:'.:,:. J'~ 'I'~,I~.,., . ' : '~I; . ,'" 'f' '~ his family members and could prove difficult to collect. Ms. Akin felt the $10,000 offer was attractive because pursuing more would have a cost. She did not object to attempting collection if that is the Commission's direction. Commissioner Hooper moved to deny the settlement offer. The motion was duly seconded. It was questioned what will be accomplished by denying the settlement. Ms. Akin responded the City will go to court to collect its fees and costs. The decision will probably be appealed, and the final judgment will probably take about a year. She expected to be able to collect more than the $10,000 being offered. She noted, once reduced to a judgment, the amount will be subject to interest. One Commissioner indicated a desire to take a stand to pursue full collection of the City's rights. Upon the vote bein9 taken, the motion carried unanimously. bt Planet Bubba . Order ro appeal of Planning & Zoning Board's decision (CU 96~16) ,'...., i ~"',.t Ms. Akin submitted the final order for City Commission approval. She has been informed the business has the ri9ht~of-way agreement for parking on Florida Power property. She also reported City Police visited the establishment last night during an all male review, and issued citations for violations of the City ordinance prohibiting lap dancing in alcoholic beverage establishments. She felt it best to complete tho transfer, then following the procedure to revoke the occupational license and conditional use. In response to a question; she said the establishment did not violate the public nudity ordinance, but violated the alcoholic beverage code prohibiting lap dancing. She said it Is not possible to change the order without reopening the public hearing. Commissioner Clark moved to approve the final order overturning the Planning and Zoning Board's decision to deny CU 96~16. The motion was duly seconded and carrIed unanimously. ITEM #27 - City ManaCler Verbal Reoorts Ms. Deptula reminded Commissioners of Neighbors Day at Clearwater Airpark, Saturday June 7,10:00 a.m. to 2:00 p.m. The ribbon cutting is at noon. Ms. Deptula said it will be difficult for Commissioners to visit all the sites applying for COSG funding as was requested at Monday's worksession. She suggested attending a meeting of NAHAS on June 9th at 7:00 p.m. at which the agencies applying for funding will be making presentations. Also, if there are particular sites a Commissioner wishes to visit, that could be arranged. It was suggested not to visit one site without visiting all of them. Ms. Deptula reported a Public Official's Conference on Emergency Management will be held in the Pinellas County Courthouse on July 29, from 1 :00 to 3:00 p.m. She will \) mcc06a97 17 06/05/97 , , , I: , ! >. '. :.:. I' ~ ~,~:: . , ~ obtain more Information for anyone wishing to attend. Commissioners Hooper, Johnson " .' and Seel expressed Interest in attending. Ms. Deptula said her retirement starts at the end of next week (June 1 3). She recommended appointing Kathy S. Rice as interim or acting City Manager until Mr. Roberto arrives on June 23rd to assume his duties. A signature plate will be obtained for the check signing machine and Ms. Rice will be authorized to sign checks. Commissioner Johnson moved to appoint Kathy S. Rice as Acting City Manager. The motIon was duly seconded and corried unanimously. ITEM #28 - Other Commission Action Commissioner Seel questioned if the date of the Phillies trip had been determined. The date was not known. .~ "J Commissioner Seel questioned plans for 1180 Cleveland Street. Mr. Keller responded he has told Interested citizens there are no plans for that site at this time. Staff is not prepared to recommend a new long term lease, but would be happy to work with the existing tenants on a transitional basis. The current tenants asked for the right of first refusal if the City decides to sell the property, but Mr. Keller found no basis for doing that. He was prepared to recommend demolition if it would make the property more marketable and put it back on the tax rolls. Discussion ensued regarding tenancy and the possibility of rehabilitating the building with CDBG funds. Mr. Keller said the building has serious problems and he could not recommend a long term lease in good conscience. He will prepare a letter for the Mayor's signature indicating consensus was not to enter a long term lease for that property. Commissioner Seel provided an update from last night's Downtown Development Board meeting, where several different priorities were established. The DDB proposed beautification of the Pinellas Trail with murals. The Festival of Trees was renamed the Festival of Trees and Lights at Harborview. A black tie event is planned for this year. The Junior Women's Club will hold a Breakfast with Santa. She said Stein Mart has reported a 1 5 % increase in sales. Mayor Garvey suggested a Winter Olympics theme for the City holiday tree. Commissioner Seel requested a list of city sites along Pine lias Trail in need of improvement. Mr. Keller said he will submit a detailed report of the actions taken by the City to clean up its properties along the Trail. He expressed appreciation to Diane Smith, Ream Wilson and Gardner Smith for their efforts in this regard. Commissioner Johnson agreed with Mayor Garvey regarding spending $37,000 to collect a $148,000 grant for GIS (Geographic Information System) equipment for use by the Police Department. o mcc06a97 18 06/05/97 ~~. ;~l'i:ll~ -...\. ~;.,'(~~l:.~" ~~. c " f\" ~.; ,.,: ~ . .: < . . > ..' -" " . " . . ':";'>" :.:i~:';::;~"i:<~:,',;::\~~:r~~:;:(:'I:::/.'.:!';~': /~","(i..:.' ':.' ,'j Commissioner Hoooer questioned if anything of importance is on the FAST Report. Commissioner Seel responded the ISTEA issues will be addressed. She will draft a letter for the Commission's review and comments. It was indicated ISTEA is very critical. Commissioner Hooper acknowledged tonight is Ms. Deptula's last City Commission meeting as City Manager. As a former City employee and current City Commissioner, he said he thinks highly of her. He wished success to her and her family. Commissioner Clark said he will be out of town this weekend and will not be able to attend the Airpark ribbon cutting on Saturday. He found it ironic the Maas Brothers tradition of Breakfast with Santa has continued at the Harborview Center. Mavor Garvev announced the telephone number for citizens to report burned out street lights is 562-5654. ITEM #29 - Adiournment The meeting adjourned at 10:17 p.m. ~:) , I ATrEST:~1.\L 1:. fL .~r., ~ City Clerk . ':J . . ':'~.ft'-: mcc06a97 19 ' 06/05/97 . L . . ~. , ,~~,,: . . '.' c ~ 'I.' T I. 'J ~ .