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10/05/1989 CITY COMMISSION MEETING October 5, 1989 The City Commission of the City of Clearwater met in regular session at City Hall, Thursday, October 5, 1989 at 6:00 P.M., with the following members present: Rita Garvey Mayor/Commissioner Don Winner Vice-Mayor/Commissioner Lee Regulski Commissioner William Nunamaker Commissioner Richard Fitzgerald Commissioner Also present: Ron H. Rabun City Manager M.A. Galbraith, Jr. City Attorney William C. Baker Public Works Director James Polatty, Jr. Planning and Development Director Cynthia E. Goudeau City Clerk The Mayor called the meeting to order and led the Pledge of Allegiance. The invocation was offered by Rev. Randy Hehr of the Episcopal Church of the Ascension. In order to provide continuity for research, the items will be listed in agenda order although not necessarily discussed in that order. III - Service Pin Awards. One (1) service pin was awarded to a City employee. IV - Introductions and Awards. Proclamations A. Job Skills Week - October 8-14, 1989. B. Fire Prevention Week - October 8-14, 1989. C. Energy Awareness Month - October, 1989. V - Presentations - none. VI - Minutes of the Regular Meeting of September 21, 1989. Commissioner Winner moved to approve the minutes of the regular meeting of September 21, 1989, as recorded and submitted in written summation by the City Clerk to each Commissioner. The motion was duly seconded and carried unanimously. VII - Citizens to be heard re items not on the Agenda. A. Melvia Price stated that issues raised over the past year regarding Condon Gardens have been evaded. She requested these issues be addressed. She felt it was inappropriate for Deborah Vincent, Executive Director of the Clearwater Housing Authority (CHA), to recommend an appointee to fill the vacancy on the CHA. The Mayor said the CHA is not under Commission control. B. C. J. Ziccardi spoke in opposition to the false alarm ordinance. He stated the Police Department encourages the installation of alarms as a deterrent to crime. He feels some incidents are erroneously reported and citizens have the basic right to be secure in their homes. Suggestion was made that he meet with staff and provide input. C. Mary Sarnoff complained that residents of Condon Gardens are being looked down upon and that the Mayor has not responded to Condon Gardens regarding a police report. It was noted the City Manager has prepared a report which is available for review by the public. VIII - PUBLIC HEARINGS ITEM #9 - Public Hearing & First Reading - Ordinance #4893-89 - Vacating a portion of east-west alley lying S of Lots 1 through 5 and N of Lots 12 through 16, Blk 7, Pine Crest Subdivision. (George/Harris) V 89-14 (PW) The alley is not open to vehicular traffic and is used as a drainage swale connecting a pipe under the alley and a storm line running toward Greenwood Avenue. The applicants propose to fence in their respective portion of the alley to help keep the property clear of garbage, trash and unauthorized persons. The request has been reviewed by various City departments/divisions and the three utility companies and there are no objections. The Planning and Development Department expressed concern that a policing problem may exist; the Police Department reviewed the request and had no objections. Commissioner Nunamaker moved to approve the vacation request. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #4893-89 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance #4893-89 on first reading. Motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. ITEM #10 - Public Hearing & First Reading Ordinances #4877-89 and #4878-89 - Petition for Annexation and RS-8 District Zoning for property located at the SW corner of the intersection of Highland Ave. and Grove Circle, Grove Circle Sub., Lot 16 (South, Aguiar & Bishara). A 89-16 (PLD) The property is presently developed with a single family residence which is being used as an adult family care facility housing five (5) residents. The property owners are requesting annexation to obtain sewer services. The property is contiguous to the existing City limits and will reduce the size of the existing enclave. Commissioner Winner moved to approve the annexation and zoning on the subject property. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #4877-89 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance #4877-89 on first reading. Motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. The City Attorney presented Ordinance #4878-89 for first reading and read it by title only. Commissioner Nunamaker moved to pass Ordinance #4878-89 on first reading. Motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. ITEM #11 - Public Hearing & First Reading Ordinances #4879-89 and #4880-89 - Petition for Annexation and RS-8 Zoning for property located on the W side of K St., South of Bay Lane, Crystal Heights, Unit 1, Lot 25, (Harding). A 89-17 (PLD) There is an existing single family residence located on the property. The property owner is requesting annexation to obtain sewer services. The right-of-way for K Street is 60 feet but the street is not paved. Commissioner Winner moved to approve the annexation and RS-8 zoning on the subject property. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #4879-89 for first reading and read it by title only. Commissioner Regulski moved to pass and adopt Ordinance #4879-89 on first reading. Motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. The City Attorney presented Ordinance #4880-89 for first reading and read it by title only. Commissioner Nunamaker moved to pass Ordinance #4880-89 on first reading. Motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. ITEM #12 - Public Hearing & First Reading Ordinances #4881-89 and #4882-89 - Petition for Annexation and RS-8 Zoning for property located on the W side of K St., South of Bay Lane, Crystal Heights, Unit 1, Lot 26 (Walker). A 89-18 (PLD) The property is developed with an existing single family residence. The property owner is requesting annexation to obtain sewer services. Commissioner Winner moved to approve the annexation and RS-8 zoning on the subject property. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #4881-89 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #4881-89 on first reading. Motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. The City Attorney presented Ordinance #4882-89 for first reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance #4882-89 on first reading. Motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. ITEM #13 - Public Hearing & First Reading Ordinances #4875-89 and #4876-89 - Land Use Plan Amendment to Residential/Office and OL Zoning for property located at the SE corner of N. Myrtle Ave. and Marshall St., Norwood Subdivision, Blk B, Lots 5-7 (Zayyad/Okubuye). Z 89-12 LUP 89-10 (PLD) The property owner made the request to permit the conversion of an existing residence on Lot 5 to a medical office use with the adjacent vacant lots (Lots 6 & 7) to be developed with parking to serve the office use. Previous requests for a land use plan amendment to (CT) Commercial/Tourist and a rezoning to CN (Neighborhood Commercial) on this property were approved by the City Commission but denied by the Pinellas Planning Council. Section 134.084 of the Land Development Code requires that two acres or more be provided to establish a new Limited Office zoning district unless the City Commission determines the requested area is in the public interest. The creation of this undersized district proposes to serve the public interest by creating a buffer between the more intensive commercial uses to the south and the residential area to the north. Concern was expressed in regard to "spot zoning" this property. It was stated that in order to allow the applicant to develop the property as proposed, which is an improvement to the area, this zoning is needed as the PPC denied the previously requested CN zone. Commissioner Regulski moved to approve the Land Use Plan Amendment and Zoning Amendment on the subject property. Motion was duly seconded. Upon the vote being taken, Commissioners Regulski, Winner, Nunamaker, and Fitzgerald voted "aye." Mayor Garvey voted "nay." Motion carried. The City Attorney presented Ordinance #4875-89 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance #4875-89 on first reading. Motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Winner, Nunamaker, and Fitzgerald. "Nays": Garvey. Motion carried. The City Attorney presented Ordinance #4876-89 for first reading and read it by title only. Commissioner Winner moved to pass Ordinance #4876-89 on first reading. Motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Winner, Nunamaker, and Fitzgerald. "Nays": Garvey. Motion carried. ITEM #14 - Variance to the Separation Requirements for Sale of Alcoholic Beverages at 490 Mandalay Ave., Units 1-3, Clearwater Beach Park, Lots 57-63 and part of Lot 64 (Mary G. Realty, Inc/Fritz's Market) AB 89-12 (PLD) The applicant is requesting authorization to permit the package sale of beer and wine in a 1,500 square foot grocery store, The applicant currently operates Fritz's Market located on the west side of Mandalay Avenue on Clearwater Beach and proposes to relocate and change the address of Fritz's to 490 Mandalay Avenue. The proposed use area is 5 feet from a residential (CR-28) zoning district which causes the need for a variance of 295 feet to the separation requirement. The only exterior access to the proposed use area is through an entryway fronting on Mandalay Avenue. Although the CR-28 zoning district is treated as a residential zone, the actual use of the adjacent CR-28 zoned property is commercial. The Planning and Zoning Board approved a conditional use on October 3, 1989. Commissioner Winner moved to approve a variance of 295 feet to allow alcoholic beverage sales five (5) feet from a residential zone. The motion was duly seconded and carried unanimously. ITEM #15 - Variance to the Separation Requirements for Sale of Alcoholic Beverages at 490 Mandalay Ave., Suite #5 & 6, Clearwater Beach Park, Lots 57-63 and part of Lot 64 (Mary G. Realty, Inc./Chubby's Cafe). AB 89-13 CU 89-74 (PLD) The Planning and Zoning Board denied the conditional use application on October 3, 1989; therefore, this application was withdrawn. Public Hearing - Second Reading Ordinances ITEM #16 - Ordinance #4835-89 Amending the Land Use Element of the Comprehensive Plan to change the Land Use designation from Residential/Office to Commercial/Tourist Facilities for property (1.42 acres) located at the SW corner of the intersection of Sunset Pt. Rd. and Hercules Ave., Pinellas Groves Sub., part of Lot 1 (Florida National Bank) LUP 89-7 The City Attorney presented Ordinance #4835-89 for second reading and read it by title only. Patricia Muscarella, attorney representing the applicant, indicated most of the traffic for the convenience store would be "drive-by" and there would be fewer "new" trips than for the former bank. She distributed a report by Greenhorne and O'Mara showing that the assessed value of the property will increase according to the County Property Appraiser's office. In response to a question, it was indicated the building has been vacant for a couple of years. Discussion ensued regarding the traffic impact that would be generated and whether or not the assessed value would increase. Commissioner Winner moved to pass and adopt Ordinance #4835-89 on second and final reading. Motion was duly seconded. Upon roll call, the vote was: "Ayes": Winner, Nunamaker, and Fitzgerald. "Nays": Regulski and Garvey. Motion carried. ITEM #17 - Ordinance #4836-89 Amending the Zoning Atlas by rezoning from Limited Office (OL) to Neighborhood Commercial (CN) property, (1.42 acres) located at the SW corner of intersection of Sunset Pt. Rd. and Hercules Ave., Pinellas Groves Sub., part of Lot 1 (Florida National Bank) Z 89-8 The City Attorney presented Ordinance #4836-89 for second reading and read it by title only. Commissioner Nunamaker moved to pass and adopt Ordinance #4836-89 on second and final reading. Motion was duly seconded. Upon roll call, the vote was: "Ayes": Winner, Nunamaker, and Fitzgerald. "Nays": Regulski and Garvey. Motion carried. ITEM #18 - Ordinance #4888-89 - Relating to the Land Development Code; amending Section 135.099, Code of Ordinances, relating to sale of gasoline at convenience foodstores in Neighborhood Commercial (CN) District. The City Attorney presented Ordinance #4888-89 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance #4888-89 on second and final reading. Motion was duly seconded. Upon roll call, the vote was: "Ayes:" Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays:" None. ITEM #19 - Ordinance #4895-89 - Creating Section 150.15 of Code prohibiting certain conduct in any public place in such manner as to demonstrate the specific purpose of inviting, enticing or soliciting another to engage, agree to engage or offer to engage in prostitution or other sexual activity in violation of Florida law. The City Attorney presented Ordinance #4895-89 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #4895-89 on second and final reading. Motion was duly seconded. Upon roll call, the vote was: "Ayes:" Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays:" None. ITEM #20 - Ordinance #4896-89 - Relating to use and development of land within the City of Clearwater providing that Pinellas County's Ordinance establishing a moratorium on land development within Pinellas County shall not be enforced by the City within the corporate limits of the City, declaring County's ordinance to be in conflict with this ordinance. The City Attorney presented Ordinance #4896-89 for second reading and read it by title only. Commissioner Fitzgerald moved to amend Ordinance #4896-89 by changing "Ordinance No. ______" to "Ordinance #89-49" in the first "whereas" clause and by changing "Ordinance #____" to "Ordinance #89-49" in the first sentence of Section 1. Motion was duly seconded. Upon the vote being taken Commissioners Winner, Nunamaker, Fitzgerald and Mayor Garvey voted "aye." Commissioner Regulski voted "nay." Motion carried. Discussion ensued regarding whether or not Clearwater should "opt out" of the County's moratorium. It was indicated all plans for development or redevelopment on level of service "F" roads could be brought to the Commission for approval. Commissioner Nunamaker moved to pass and adopt Ordinance #4896-89 as amended on second and final reading. Motion was duly seconded. Upon roll call, the vote was: "Ayes": Nunamaker, Fitzgerald and Garvey. "Nays": Regulski and Winner. Motion carried. ITEM #21 - Ordinance #4889-89 - Land Development Code Amendment to Sections 134.008, 134.010, 134.012, 134.013 relating to exempt signs, additional identification signs based on public street frontage, pole signs and window signs. LDCA 89-10 The City Attorney presented Ordinance #4889-89 for second reading and read it by title only. Commissioner Regulski moved to pass and adopt Ordinance #4889-89 on second and final reading. Motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. CITY MANAGER REPORTS IX - CONSENT AGENDA (Items 22 - 38) - Approved as submitted less Items #29 and #34. Agreements - Approved. ITEM #22 - Approve Indemnity Agreement by and between the City and Barnett Bank of Pinellas County and The Times Publishing Company, relative to the 1989 Good Life Celebration and Games. (P&R) Bids & Contracts - Awarded less Item #29. ITEM #23 - Approve 1989/1991 Fire Protection Services Contract with the Pinellas County Fire Protection Authority. (FR) ITEM #24 - Award Contract for replacement Cab and Chassis Truck with Tree Spade to Vermeer Southeast Sales & Services, Inc., Orlando for $29,541.00 (GS). ITEM #25 - Award Purchase and installation of Playground Equipment for Coachman Ridge Park from Hunter-Knepshield Company of Louisville, Kentucky for the sum of $15,739.89. (P&R) ITEM #26 - Award Contract to Purchase Unisys Computer Hardware from Whitman Computer Systems at a cost of $21,228.85 and Applications software from Software Spectrum at a cost of $1,895.00 (P&R) ITEM #27 - Award Contract for purchase of Police Department Uniforms to Harrison Uniform Company of St. Petersburg in an amount not to exceed $60,000.00. (PD) ITEM #28 - Award Contract for Aluminum Retaining Walls at Kapok Forest Subdivision and Live Oak Estates (89-17) to C.P. Ward, Inc. of Clearwater for the sum of $38,451.00. (PW) ITEM #29 - See page 8. ITEM #30 - Amend P.O. #1933-88 in the amount of $62,926.86 for Sludge Hauling Services provided by Davis Water and Waste Industries, Inc., Tallevast, FL which is an overage on existing contract. (PW) Citizen & Staff Requests - Approved. ITEM #31 - Consent Order for City of Clearwater East and Northeast Wastewater Treatment Plants with the State of Florida Department of Environmental Regulation. (PW) ITEM #32 - Housing Rehabilitation Loan of $23,313.00 at 0% interest due 12 months after check issue date to Clearwater Neighborhood Housing Services. (PLD) Plans & Plats - Approved. ITEM #33 - Final Site Plan for Clearwater Tower (1.49 acres) located at the SE Corner of Garden Ave. and Hendricks St., M&B's 11.04, 11.021, a portion of M&B 11.03, Gould and Ewing's 1st and 2nd Addn. of Clearwater Harbor, Blk 8, Lot 1- 8, portions of city owned property and vacate ROW as per Ordinance 4804-89, Section 16-29-15 (MAS One Ltd.) (PSP 89-13). (PLD) Authorize review of a final site plan with final action by the Development Review Committee (D.R.C.) subject to the following conditions: 1) a Fire Department connection north of the hydrant shall be provided as required by the Fire Marshal and shown as such on the site plan prior to certification; 2) the note "by the City of Clearwater" for the landscaped plaza shall be removed from the site plan prior to certification; 3) the existing gas service and meter must be relocated by the City's Gas Division; 4) signs and fencing/walls shall be subject to separate review and permitting processes; 5) curbing and pavement of existing driveways to be deleted shall be removed and landscaping, sidewalks and curbing parallel along the streets shall be installed in accordance with City standards; and 6) the requisite initial building permits must be procured within six (6) months from the date of certification of the final site plan and all requisite certificates of occupancy must be obtained within three (3) years of date of certification of the final plan. Receipt & Referral - Less Item #34. ITEM #34 - See page 9. CITY ATTORNEY Agreements, Deeds & Easements - Approved. ITEM #35 - Sanitary sewer lien agreement - Sunny Park Groves Subdivision, Lot 18 and W 50' of Lot 17, Blk C, (Smyth) ITEM #36 - 1.15' drainage and utilities easement- Glenwood Subdivision, Lots 143 and 144, (Reardon) ITEM #37 - Drainage and Utilities Easement - South Oaks Fashion Square, portion of Lot 1, (Booth Marketplace, Inc.) ITEM #38 - 60' Drainage and Utilities Easement - Turner Street Groves Subdivision, portion of vacated Madison Ave. lying between Lots 20 and 21, (Orlandi, Inc.) Commissioner Nunamaker moved to approve the Consent Agenda as submitted less Items #29 and #34 and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #29 - Award Contract for Parking Lot Attendant Services at Parking Lots on Clearwater Beach for the period of 11-1-89/10-31-90 to Republic Parking Systems, Chattanooga, TN, at an estimated cost of $52,346.00. (PW) This is the first contract extension authorized by the initial specifications for bid. The current vendor has agreed to extend the contract with no price increase even though costs have risen. The specifications relating to costs consisted of two parts. Part 1 is an Administrative Cost which includes uniforms, insurance, workers' compensation, supervisory and all other overhead costs incurred. This will be a fixed amount for the period of the contract and is not subject to adjustment if hours of operation are increased or decreased. Part 1 fixed costs are expected to be approximately $27,500.00. Part 2 is the Manhour Cost which is the rate applied to the cost of salaries and other expenses related directed to the number of hours an attendant is on duty. If the hours of operation of the lot are increased or decreased, the manhour cost will be the basis for adjusting the compensation. Part 2 labor costs are expected to be approximately $27,846.00 dependent upon the hours worked over or below the estimated manhours at the onset of this contract extension. Discussion ensued in regard to the amount of revenue received during the time the parking attendant is present. It was indicated that having a parking attendant present helps to prevent problems. Commissioner Nunamaker moved to continue this item to the next regular meeting of October 19, 1989. Motion was duly seconded and carried unanimously. ITEM #34 - Land Development Code Text Amendment to Section 136.022 to Establish Standards for Off-Street Parking on Residentially Zoned Property. LDCA 89-09 (PLD) This code amendment will provide for noncommercial parking lots in single family zones. The ordinance proposes to allow noncommercial parking lots within single family zones as a conditional use upon approval of the Planning and Zoning Board. The use will be limited to overflow parking lots. A concern was expressed that the ordinance allows required parking to be provided through a long term lease on adjoining property but does not address what happens if the lease is broken. Commissioner Regulski moved to receive the request and refer it to the City Clerk to be advertised for public hearing. The motion was duly seconded and carried unanimously. X - OTHER ITEMS ON CITY MANAGER REPORT ITEM #39 - Award Contract to Enviropact, Inc. to remove old underground fuel tanks and install new tanks at the City-owned service station located at 49 Causeway Boulevard for the sum of $50,000.00. (MR) There are three tanks for fuel dispensing at the Clearwater Beach City-owned service station which were put into service at least twenty years ago. Due to State regulations, the existing underground fuel tanks must be replaced prior to December 31, 1989. The Marine Department has budgeted $40,000 for this project under CIP #3467. To make up the estimated $10,000 funding shortfall, staff recommends raising the minimum monthly lease payment for the proposed service station/mini-mart facility by $200 per month to $2,200 per month. This will recover the added cost in five years without unduly affecting the marketability of the lease, which is currently out for bid. Discussion ensued in regard to whether or not a service station is the kind of activity wanted and the best use for this property. It was indicated an interest has been expressed in running a full service station on this property and staff feels it will be profitable. Discussion ensued regarding the December 31, 1989 deadline imposed by the Department of Environmental Regulation (DER) for removing the tanks. It was indicated that, if the deadline is not met, the City would be subject to fines, and, should any contamination be found in the ground around the tanks, would not be eligible for funding to assist in the clean-up. Concerns were expressed regarding receiving viable bids for a service station. It was reported that interest has been expressed if the tanks have been replaced. The bids for the station lease are scheduled to be open October 30, 1989. It was also stated if the City Commission decided not to go forward with the service station and to fill the tanks with inert material, leaving them in place; if contamination is found at a later date, the City will have to remove the tanks and clean up the pollution at that time. It was indicated in order to meet the DER deadline the tanks have to be out of the ground, not replaced, by December 31, 1989. Charles Hunsicker, Assistant City Manager, indicated the bids were opened September 11, 1989, and are valid for sixty (60) days beyond that date. He also indicated the deadline for submission of the bids for the service station lease could be shortened. Commissioner Nunamaker moved to continue this item to the next regular meeting of October 19, 1989. The motion was duly seconded. Upon the vote being taken, Commissioners Regulski, Winner, Nunamaker, and Fitzgerald voted "aye." Mayor Garvey voted "nay." Motion carried. The meeting recessed from 8:29 P.M. to 8:42 P.M. ITEM #40 - Marina Slip Charges - maintain 1989-90 rate structures and continue the 5% per annum increase in small vessel slip accommodation rates until all slip rates reach 100% of full value for the slip footage. (MR) Staff presented a series of options at the work session of October 2, 1989, to reconcile approved FY 89-90 budgets for the Clearwater City Marina with proposed Commission policy under discussion for Marina slip rental rates and administrative policy to increase slip rates. The recommendation is to ratify the presented rate increases across all classes of customers. This recommendation is made in support of the long-standing policy of conducting an annual survey of other marinas and adjusting rates to meet operating capital improvement costs while remaining competitive. The City Manager stated staff is recommending to continue this item. Charles Hunsicker, Assistant City Manager, indicated the proposed increase will keep Clearwater's rates fair and competitive with marina rates in the area. He said the increase is necessary to meet capital improvements and allow for maintenance and a contingency fund. Five commercial boat owners spoke in opposition to the proposed rate increase and complained that they received no notice of the meeting. The boat owners stated the charter boats benefit the Marina and Clearwater as a whole. They suggested private boat owners pay more than commercial boat owners and that consideration should be given to the amount of fuel purchased by commercial boats from the Marina. It was suggested that Commissioners Regulski and Nunamaker abstain from voting as Commissioner Regulski has a slip at the Marina and Commissioner Nunamaker operates a commercial vessel from another location. It was noted that notices of the proposed marina rate increase were mailed to slip owners on September 20, 1989. Commissioner Nunamaker objected to the allegation of a conflict of interest. Commissioner Regulski moved to continue the item to the next regular meeting of October 19, 1989. The motion was duly seconded and carried unanimously. ITEM #41 - Resolution No. 89-50 Official Signatures, City of Clearwater Bank Accounts. (CM) The resolution updates the authorized signatures for City checks by adding the three Assistant City Managers, any of whom may sign in lieu of the City Manager, and the Director of Administrative Services, who may sign in lieu of the Finance Director or Assistant Finance Director. Manual checks will require one signature from the four authorized in the City Manager's office and one from the group of three from Administrative Services. Only the Assistant City Manager designated as Acting City Manager at any given time will be authorized to sign. Other than expanding the list of authorized signatures, this resolution is consistent with past City policy, and is necessary to provide signature authority for the individuals shown. Commissioner Regulski moved to pass and adopt Resolution #89-50 and authorize the appropriate officials to execute same. Motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. ITEM #42 - Resolution No. 89-53 State Funding for Airpark (City cost $227,500.00). (PW) The Florida Department of Transportation (FDOT) has requested a resolution from the City Commission stating that the City intends to fund the Airpark Improvement Projects set forth in the FDOT Work Program. The City FY 89-90 budget identifies a $458,000 Airpark improvement program for FY 89-90 to be funded through the 50/50 FDOT cost sharing grant with the local match of $227,500 to be funded by a loan to the Airpark Enterprise Fund. The resolution states the City's intention to fund the projects identified for the Clearwater Executive Airpark in the FDOT Work Program for FY 89-90. By State action to accept this resolution, both City and State governments are committing funds in FY 89-90 with the mutual understanding the funds can be spent in phases over a time period up to three years. Commissioner Regulski moved to pass and adopt Resolution #89-53 and authorize the appropriate officials to execute same. Motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. ITEM #43 - First Reading Ordinance #4897-89 Florida Power Franchise, amending Section 8 of Ordinance No. 1091. (CM) After discussion with the City Commission, the City requested Florida Power to extend the rate of franchise payment similar to other cities. Specifically, the City wished to obtain the concessions given to the City of St. Petersburg in July which included a franchise fee equal to 6% and 6% of grantee's revenue from grantor for public street lighting. After meeting with Florida Power, they agreed to provide this to the City of Clearwater under the payment terms and conditions without changing the terms and conditions of the rest of the franchise. If this ordinance is adopted in October, the City should begin receiving the additional income by December 1, 1989, and the estimated revenue for 10 months will increase by approximately $350,000. It was noted the thirty-year franchise agreement with Florida Power will expire on July 6, 1996. The City Attorney presented Ordinance #4897-89 for first reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance #4897-89 on first reading. Motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. ITEM #44 - 1989/90 Town Meetings Dates and Locations. (CM) Commission direction is to schedule four 1989-90 meetings. The following dates and locations are recommended: 1. Memorial Civic Center Tuesday, October 24, 1989 2. Martin Luther King Center Tuesday, November 21, 1989 3. Morningside Recreation Center Tuesday, March 27, 1990 4. Countryside Library Tuesday, April 24, 1990 In keeping with past Commission direction, the proposed Town Meetings have been scheduled to begin at 7:30 P.M. Until the availability of the Memorial Civic Center has been checked, a tentative date of October 23, 1989, has been scheduled. This date has since been confirmed. Commissioner Winner moved to approve the 1989/90 Town Meetings' schedule, with the change from October 24, 1989 to October 23, 1989 if the facility is available. The motion was duly seconded and carried unanimously. ITEM #45 - Appointment to the Beautification Committee (1 member) (CLK) Commissioner Fitzgerald moved to appoint Marie Wyatt to the Beautification Committee. The motion was duly seconded and carried unanimously. ITEM #46 - Appointment to the Parks & Recreation Board (1 member) (CLK) Commissioner Winner moved to appoint Paula Boulton to the Parks & Recreation Board. The motion was duly seconded and carried unanimously. ITEM #47 - Appointments to the Clearwater Housing Authority (2 members) (CLK) The State Legislature establishing Housing Authorities provides that the Mayor will recommend appointees to the Authority to be confirmed by the City Commission. Mayor Garvey recommended the reappointment of Robert Levinson and the appointment of Lucille Clemons. Ms. Clemons is being recommended to serve as the public housing tenant representative. Seven citizens, five of which are residents of Condon Gardens, expressed concern regarding the selection procedure and asked that this item be continued stating that insufficient notice had been given to the public housing tenants. They felt a resident should be selected; however, the residents would like to get to know that person first and tenants should be able to make a recommendation. Concerns were expressed that Deborah Vincent, Executive Director of the Clearwater Housing Authority, recommended individuals to be considered, as she works for the Authority. One citizen also indicated the CHA has tremendous power and more time should be taken to fill the vacancies and possibly the terms of members should be limited. The Mayor indicated she felt the Authority to be vital and much time had been spent in interviewing the applicants and it was felt that Ms. Clemons was the best choice. It was stated the Commission can only approve or disapprove the Mayor's nominations. Concerns were expressed regarding the length of time individuals serve on the Authority and it was requested the Mayor reconsider her reappointment of Mr. Levinson who has been on the Authority for twenty years. Discussion ensued in regard to limiting the number of terms of the members and possibly expanding the Authority to seven members. It was indicated the Special Legislative Act provides for only five members and states, when a vacancy occurs, it has to be filled by a tenant. Mayor Garvey is not recommending reappointment of Mr. Rick Hall due to his health. It was suggested that Mr. Hall be appointed as an honorary ex-officio member. Howard Groth, Chairman of the Clearwater Housing Authority, indicated it was not unusual for members to serve long terms on the Housing Authorities as on the job training is needed to understand HUD requirements. He stated Mr. Levinson is an asset to the Authority and to lose him and Mr. Hall at the same time would be detrimental. He recommended acceptance of the Mayor's nominees. Concerns were expressed that no one is being trained to replace board members and that various areas of expertise are important. It was stated that tenants in public housing also have backgrounds in these areas and should be considered for appointment. Commissioner Winner moved to approve the Mayor's recommendation to reappoint Robert Levinson and appoint Lucille Clemons to the Clearwater Housing Authority. The motion was duly seconded. Upon the vote being taken, Commissioners Regulski, Winner, Fitzgerald and Mayor Garvey voted "aye." Commissioner Nunamaker voted "nay." Motion carried. XI - Other Pending Matters - none. CITY ATTORNEY REPORTS XII - Other City Attorney Items ITEM #48 - Authorization for Settlement - Bowers v. City On February 4, 1986, John P. Bowers injured himself while working for the City. He applied for and was granted workers' compensation benefits. He has agreed to accept the sum of $25,000.00 in a lump sum settlement for lost wages. Future medical expenses are not subject to lump sum settlements. On October 20, 1986, Mr. Bowers was considered to have resigned from his employ with the City because of an unauthorized absence of three days pursuant to the Civil Service Rules and Regulations. A suit was commenced against the City by Mr. Bowers who claimed that he was discharged for making a workers' compensation claim. The suit is still pending. According to medical reports, Mr. Bowers has sustained a persistent injury to his back. The claims committee of the Workers' Compensation Board met on August 10, 1989, and recommended to Gallagher Bassett that a settlement of $25,000.00 be authorized. If the settlement is authorized, Mr. Bowers will drop every conceivable claim against the City including his suit for wrongful discharge. Commissioner Regulski moved to authorize a $25,000.00 settlement in this suit. The motion was duly seconded and carried unanimously. ITEM #49 - Authorization to file lawsuit - Rowland/Coronet Insurance Co. On May 8, 1989, a Clearwater police officer was driving down U.S. 19 in the inside median lane with lights and siren operable to assist in the apprehensive of a fleeing criminal. At the intersection of U.S. 19 and Blackburn Street, Clearwater, a motor vehicle driven by Jason Rowland failed to yield the right-of-way and pulled in front of the police officer's cruiser. To avoid a rear end collision, the police officer took evasive action and attempted to go between Mr. Rowland's vehicle and a truck located in the center lane. The right front fender of the officer's vehicle hit the right rear tire of the truck, resulting in $950.61 in damage to the cruiser. Mr. Rowland's insurance company, Coronet Insurance Company, denied the City's claim. Commissioner Regulski moved to authorize the City to file the lawsuit. The motion was duly seconded and carried unanimously. The City Attorney reported the quarterly litigation update will be released October 6, 1989. XIII - City Manager Verbal Reports The City Manager reported the October 6th Downtown Clearwater Association (DCA) meeting has been canceled. He reported the City has received $29,378.00 worth of video equipment from Vision Cable for inhouse programming. He requested designation of voting and alternate delegates to the National Leagues of Cities Convention. Commissioner Winner moved to appoint Commissioner Fitzgerald as the voting delegate and the City Manager as the alternate delegate. The motion was duly seconded and carried unanimously. XIV - Other Commission Action Commissioner Nunamaker reported tonight is opening night of the Sertoma Octoberfest at the Sunshine Mall and that all benefits will go to charity. Commissioner Winner reported the new street lights on the 400 block of Cleveland Street give more illumination than the lights on other streets. He said he is looking forward to the completion of the streetscape project. Commissioner Regulski stated there needs to be an area designated for the launching of personalized watercraft. XV - Adjournment The meeting adjourned at 10:39 P.M.