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11/02/1989 CITY COMMISSION MEETING November 2, 1989 The City Commission of the City of Clearwater met in regular session at City Hall, Thursday, November 2, 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. Norman Howard of the Good Samaritan Episcopal Church. In order to provide continuity for research, the items will be listed in agenda order although not necessarily discussed in that order. IV - Introductions and Awards - none. V - Presentations A. Suggestion Awards. Six suggestion awards were presented to City employees. VI - Minutes of the Special Meetings of September 5, 1989, October 23, 1989, and Regular Meeting of October 19, 1989. Commissioner Regulski moved to approve the minutes of the Special Meetings of September 5, 1989, and October 23, 1989, and the regular meeting of October 19, 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. Ernie Barger requested something be done regarding the commercial fish boxes and freezer on the dock at the Marina as it blocks his exposure. VIII - Public Hearings ITEM #9 - Public Hearing and First Reading Ordinance #4899-89 - Vacating southerly 5 feet of 10 foot drainage and utility easement, along northerly side of Lot 13, Oak Forest of Countryside less the westerly 5 feet (McMurtry V 89-15)(PW) The applicant proposes to build a pool and screened enclosure which will extend 5 feet into the existing 10 foot drainage and utility easement. The Florida Power service line to the applicant's home will have to be relocated if and when the swimming pool is installed. The request has been reviewed by various City departments/divisions and the three utility companies and there are no objections. Commissioner Regulski moved to approve the vacation request. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #4899-89 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance #4899-89 on first reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. ITEM #10 - Variance to the Separation Requirements for Sale of Alcoholic Beverages for Gondolier Pizza, Inc. at 672-4 S Gulfview Blvd., Bayside Sub #5, Blk B, Lots 7, 8, 16-20 (AB 89-15) (PLD) The conditional use for this establishment was continued to 11/14/89 by the Planning and Zoning Board. Commissioner Regulski moved to continue the variance request to the next regular meeting of November 16, 1989. The motion was duly seconded and carried unanimously. ITEM #11 - Public Hearing and First Reading #Ordinance 4900-89 - Comprehensive Plan Update - 1989 (PLD) Clearwater transmitted its Comprehensive Plan for review by the State, County, and Regional Planning Council on May 29, 1989. Objections, recommendations, and comments have been received and have been made a part of the permanent record. The required elements for Clearwater's Comprehensive Plan include Future Land Use, Traffic Circulation, Mass Transit, Aviation, Housing, Sanitary Sewer, Solid Waste, Drainage, Potable Water, Natural Groundwater Aquifer Recharge, Coastal Zone Management, Conservation, Recreation & Open Space, Intergovernmental Coordination and Capital Improvements. The portions of the complete plan document requiring approval by the Commission include the goals, objectives and policies; requirements for capital improvements implementation, procedures for monitoring and evaluation and maps showing future conditions. The Comprehensive Plan which was approved for transmittal on May 18, 1989, has been revised to reflect the comments from the State. The Planning & Zoning Board as the Local Planning Agency held a public hearing on October 31, 1989, and recommended several changes. The recommended changes of the Planning & Zoning Board are attached hereto as Exhibit A, and as such, made a part of the minutes. James Polatty, Planning & Development Director, reviewed the history of the Comprehensive Plan for 1989. He acknowledged Chris Papandreas, Planner III; Jeffrey Pruitt, Planner II; and Louis Hilton, Planner I for their assistance in putting this plan together. Referring to Policy 21.6.3, it was pointed out the parentheses were omitted when revising this policy and should be added before the word "repairs" and after the word "structure." Referring to the Schedule of Capital Improvements on the revised pages under Traffic Circulation Objective 6.3, Item 2, Group 1, it should read "Widen between Belcher Road and Countryside Mall." A citizen expressed concern regarding the protection of the natural waters of Stevenson Creek. He indicated a study he had conducted on Stevenson Creek showed evidence of several sources of pollution. He said, when dealing with pollution, stronger language needed to be used and requested the Commission consider the following: 16.2.8 By 1990 the City of Clearwater shall begin the implementation of a restoration, clean up and water quality improvement program of Stevenson Creek. 16.3 Objective To protect natural water systems and to remove oils, greases, plastics, hazardous chemicals and substances, trash and sediments from storm water runoff. To minimize high water levels during storm events. To restore natural drainage systems to lessen housing flooding or improve water quality. To curtail further development, residential or commercial in low lying, flood prone areas. 16.3.1 Provide a routine program overseen by a water quality inspector to protect natural waters by January 1990. To remove blockages and trash from natural and artificial drainage systems to lower high water dug storm events. To inspect bridges and overpasses in flood prone area to identify flow restrictions and engineer solutions to this cause of flooding. By June 1990 identify outflows that contain the highest pollution concentrations and/or the largest volume flows and correct them. 16.3.2 Natural drainage systems may be considered as a means to provide storm water drainage after oils, greases, plastics, hazardous chemicals and substances, trash and sediments have been removed. 16.3.2.1 Pesticide dealers, auto paint or repair shops, auto salvage yards, and companies using, producing, selling or storing hazardous chemicals shall not locate in creek flood plains, shall not drain said materials into natural waters, shall have containment/separation traps of adequate size to prevent escape of any discharge in case of a spill or accident. 16.3.2.2 Properties in natural drainage systems that have septic fields will be hooked to the sanitary sewer system by 1992. The City Manager indicated staff will review the suggested language before second reading of the ordinance. Commissioner Regulski moved to approve the 1989 Comprehensive Plan as amended. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #4900-89 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance #4900-89 on first reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. Public Hearing - Second Reading Ordinances ITEM #12 - (Removed from table 9/21/89) - Ordinance #4644-88 - Annexing property located at the eastern terminus of Seville Blvd, Section 17-29-16, M&B 34.01 & part of M&B 34.02, AND Section 20-29-16, M&B 21.01, (Clearwater Seville, Ltd. and A.E.L. Partnership) A 88-20 AND ITEM #13 - (Removed from table 9/21/89) - Ordinance 4646-88 - Zoning property annexed in Ordinance 4644-88 as Multiple-Family Residential "Sixteen" (RM-16) for Section 17-29-16, M&B 34.01 & part of M&B 34.02 (Parcel 1) and Aquatic Land/Coastal (AL/C) for Section 20-29-16, M&B 21.01 (Parcel 2) (Clearwater Seville, Ltd. and A.E.L. Partnership) A 88-20 A lawsuit exists that challenges the City's down zoning which occurred some years ago on the Seville parcels. There was an earlier annexation agreement that brought these properties into the City and designated the zoning and density that would be permitted. If the plaintiff prevails, some parcels would be restored to commercial zoning and the others to a high density residential zoning. At the City Commission meeting of January 19, 1989, numerous residents spoke against a proposed settlement and the ordinances were tabled. At the Commission meeting of September 21, 1989, the attorney for Clearwater Seville Ltd. indicated a new settlement offer had been drawn up. She also indicated there are structural problems with building #12 and there is a time frame to close on pending contracts on the property with monies from the sale going first towards the repair of this building. She requested the Commission remove the ordinances from the table in order to move forward. The City Attorney indicated the lawsuit regarding the residential development of Clearwater Seville is difficult to summarize as it goes back several years. Elizabeth Daniels, attorney representing Clearwater Seville Ltd., reviewed the events that led to the lawsuit. She said approval of the settlement is necessary in order to go forward with the annexation, noting the five parcels involved in the litigation are already in the City. She indicated residents from the buildings that had intervened in the lawsuit have since withdrawn. She reviewed the terms of the settlement offer. Seville residents expressed concerns regarding increased densities. They indicated the agenda only listed the annexation and zoning issues and the settlement should not be part of the decision. It was also indicated the residents from the buildings that intervened in the lawsuit had not retracted their feelings but were no longer able to finance legal services. Concern was expressed regarding additional traffic and its impact on Seville Blvd and U.S.19. It was noted this is a voluntary annexation and can be withdrawn. It was also indicated a zoning that would require a Land Use Plan amendment would not be effective unless the County approved the Land Use Plan amendment. A real estate appraiser spoke in favor of settling the lawsuit as there are potential purchasers for portions of the property. He stated it would not be economically feasible to develop the property at a density higher than 12.5 units an acre. Discussion ensued regarding density levels and it was noted the County zoning on the property allows 10 units per gross acre. The City's RM-12 zoning district uses net acreage and is generally considered equivalent to the County's 10 units an acre. Ms. Daniels indicated the proposed settlement was the basis for removing the ordinances from the table and she would like to go ahead with all the issues. Discussion continued in regard to density levels and it was felt due to the County's moratorium for development on U.S. 19 a density greater than the current one would not be approved. The City Attorney presented Ordinance #4646-88 for second reading and read it by title only. Commissioner Regulski moved to amend Ordinance #4646-88 by changing all references to RM-16 to RM-12. The motion was duly seconded and carried unanimously. Commissioner Winner moved to amend Ordinance #4646-88, Section 4, after "adoption" add "subject to the approval of the land use designation by the Pinellas County Board of County Commissioners." The motion was duly seconded and carried unanimously. Commissioner Regulski moved to pass and adopt Ordinance #4646-88 as amended on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald, and Garvey. "Nays": None. The meeting recessed from 7:55 p.m. to 8:10 p.m. in order for Ms. Daniels to consult with her client regarding the zoning. Ms. Daniels indicated RM-12 zoning would be acceptable to her client provided the proposed settlement offer is approved. Concern was expressed regarding concessions being made in order to settle the lawsuit and a spokesperson for Seville indicated the residents feel very strongly against changing the RM-12 zoning to RM-16 and the OL to CH and do not want to accept the settlement offer. Discussion ensued in regard to the conditions of the settlement and it was suggested the settlement and annexation be postponed. Commissioner Nunamaker moved to continue Ordinance #4644-88 to December 7, 1989. The motion was duly seconded. Upon the vote being taken, Commissioners Winner and Nunamaker and Mayor Garvey voted "Aye." Commissioners Fitzgerald and Regulski voted "Nay." Motion carried. The Seville settlement was agendaed for discussion at the work session of November 13, 1989. ITEM #14 - Ordinance #4890-89 - Amending land use element of comprehensive plan to change land use designation from Public/Semi-Public to Low Density Residential for property on N side of Howard St. between Scranton and Tilley Avenues, consisting of Lots 25 - 28, Blk B, Belmont 2nd Addition (Belmont Park Methodist Church) LUP 89-11 The City Attorney presented Ordinance #4890-89 for second reading and read it by title only. Commissioner Regulski moved to pass and adopt Ordinance #4890-89 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. ITEM #15 - Ordinance #4891-89 - Rezoning above property from Public/Semi-Public (P/SP) to Multiple-Family Residential (RM-8) (Belmont Park Methodist Church) Z 89-13 The City Attorney presented Ordinance #4891-89 for second reading and read it by title only. Commissioner Regulski moved to pass and adopt Ordinance #4891-89 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. ITEM #16 - Ordinance #4898-89 - Vacating portion of right-of-way of Cleveland St. at the NE corner of intersection of Cleveland St. and Garden Ave., and a portion of the right-of-way of Hendricks/Laura Street at the SW corner of intersection of Hendricks St. and Laura St. (Mas One, Ltd) V 89-16 The City Attorney presented Ordinance #4898-89 for second reading and read it by title only. Commissioner Winner moved to pass and adopt Ordinance #4898-89 on second and final reading. The 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 # 17 - 27) - Approved as submitted. Agreements - Approved. ITEM #17 - Renewal of Lease Agreement for Room 8 to Mr. John Guiddy d/b/a/ Fast Hurry Photos, Inc. from Dec. 1, 1989, to Nov. 30, 1994, for the total sum of $36,000.00 (MR) Change Orders - Approved. ITEM #18 - Change Order No. 1 to Contract for the Northeast Advanced Pollution Control Project, increasing the contract amount by $131,108.00 (PW) Bids & Contracts - Awarded. ITEM #19 - Contract to Purchase Three Fire Engines to Quality Manufacturing, Inc., Talladega, AL, at a cost of $555,513.00 and Authorize Direct Purchase of One Engine and Lease Purchase of Two Engines, the Lease Purchase to be financed by AT&T Credit Corp. (FD) ITEM #20 - Contract for 3 Prefab Concrete Buildings to Smith-Midland Corp. of Midland, VA, $26,991.00 (PW) Citizen & Staff Requests - Approved. ITEM #21 - Waive Pier 60 General Admission Fees from 12:00 noon until 2:00 p.m. on Saturday, November 11, 1989, to permit spectators to view the start of the thirteenth annual Kahlua Cup Race (MR) ITEM #22 - Authorizing City Clerk to prepare for and conduct the forthcoming Municipal Election to be held March 13, 1990, and granting authorization to hire the necessary election boards and compensate the pollworkers in a manner commensurate with Pinellas County Supervisor of Elections. (CLK) ITEM #23 - Approve agreement for a loan of $4,932.00 to the Homeless Emergency Project, Inc. to pay transportation impact fees (CM) Plans & Plats - Approved. ITEM #24 - Preliminary Site Plan for Lokey Saturn Dealership located at 2336 Gulf-to-Bay Blvd, Section 18-29-16, M&B 24.03 & 24.04 (Lokey Oldsmobile) PSP 89-29 (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) the parking calculations should be stated in accordance with the code formula on the final site plan for D.R.C. review; 2) the required 2 handicapped spaces must be shown on the final site plan for D.R.C. review; and 3) signs and fencing/walls are subject to separate review and permitting processes. ITEM #25 - Preliminary Site Plan for Vision Cable Additions located at 2534 Drew St, Section 8-29-16, M&B 44.02 and Florida Power easement (Vision Cable Communication) PSP 89-31 (PLD) - Authorize review of a final site plan by the Development Review Committee (D.R.C.) with final action by the City Commission subject to the following conditions: 1) detention for stormwater must comply with City's Drainage Policy - parking structures over detention area are not normally permitted. SWFWMD permit application is required prior to D.R.C. review of the final site plan; 2) the applicant shall obtain approval of the setback variance and parking variance or the site plan must be revised accordingly prior to D.R.C. review of the site plan; 3) a copy of the lease authorizing parking of F.P.C. easement shall be provided to the City; 4) effort should be made to screen the discs from Drew Street (e.g. with landscaping at bottom); 5) a copy of the access agreement with the owner(s) of Clearwater Collection/Florida Power Corporation and the applicant to allow the proposed truck drive and internal drive at the northeast corner of the site shall be provided to the City; and 6) signs and fencing/walls shall be subject to separate review and permitting processes. ITEM #26 - Preliminary Site Plan for Lokey Used Cars located at 2355 Gulf-to-Bay Blvd., Section 18-29-16, M&B 31.04 (Lokey Oldsmobile) PSP 89-32 (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) the size, location, orientation and shielding of the dumpster must be shown on the final site plan for D.R.C. review; 2) the existing and proposed water system must be indicated on the site plan for D.R.C. review; the requisite subdivision plat and supplementary drawing shall be submitted for City Commission review prior to submittal of the proposed plat to be reviewed in concert with the site plan by D.R.C; and 4) signs and fencing/walls are subject to separate review and permitting processes. ITEM #27 - Preliminary Site Plan for Lokey Oldsmobile located at 2389 Gulf-to-Bay Blvd., Section 18-29-16, M&B 31.05 & 31.06 (Lokey Oldsmobile) PSP 89-33 (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) the location, size, orientation and shielding of the trash containers shall be provided on the final site plan for D.R.C. and 2) signs and fencing/walls are subject to separate review and permitting. Commissioner Regulski 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. X - Other Items on City Manager Reports ITEM #28 - Preliminary Site Plan for Maximo Motors Maintenance Facility located at 1001-1051 U.S. 19 South, Section 17-29-16, M&B 33.03 & 33.04 (Gateway Marine & Gateway Investment) PSP 89-30 (PLD) On May 3, 1989 and June 14, 1989, the Planning & Zoning Board approved a conditional use for outdoor vehicle/boat sales and service subject to conditions. On June 30, 1988, the Development Code Adjustment Board approved a variance to permit vehicle and boat parking on grass surfaces subject to conditions. The applicant has since chosen to concentrate on the service, sales, display and/or storage of automobile vehicles. In connection with this primary use, the applicant is proposing to construct a 4,000 square foot metal building for light auto maintenance and cleaning at the northeast corner of the site. The site is located at a signalized intersection on U.S. 19 which functions at level of service "F". The proposed site plan adds 3,475 square feet of auto maintenance area. This cleaning and maintenance facility is an accessory use to the vehicle sales lot. With no trips coming to the site to use this building, no traffic impact is created. There are no proposed changes to the existing three points of access to U.S. 19 and two points to Seville Boulevard. The Planning & Development Director indicated a problem exists with parcel B exceeding the parking variance granted. It was indicated, if not resolved, the violation will come before the Code Enforcement Board. Concern was expressed regarding wrestling on the site and it was indicated staff is investigating. It was noted that code enforcement will be occurring on the weekends. Discussion ensued regarding traffic generated as a result of having three access points to U.S. 19 and two points to Seville Boulevard and it was indicated the increase in traffic would be negligible due to the type of use for this property. Concern was expressed in regard to the display area not being delineated. Harry Cline, attorney representing applicant, stated he will work with staff to address concerns. In response to a question, it was indicated the site plan will come back for final approval. Commissioner Regulski moved to authorize review of a final site plan by the Development Review Committee (D.R.C.) with final action by the City Commission subject to the following conditions: 1) a Unity of Title shall be recorded by the owner(s), in order to tie the property together as one development and satisfy parking requirements; 2) the site calculations and legal descriptions shall be combined as this proposal is now considered one development; 3) the grass parking/display area(s) shall be dimensioned with setbacks from property lines on the site plan as these are not clearly evident on the site; 4) the applicant shall obtain conditional use approval for the proposed vehicle service structure from the Planning and Zoning Board prior to review of the final site plan by D.R.C.; 5) as the required setback is 175 feet from the centerline of U.S. 19, the front yard open space figure(s) and percent(s) shall be recalculated accordingly prior to review of the final site plan by D.R.C.; 6) the interior landscaping as required by Code shall be addressed on the site plan prior to review by D.R.C.; 7) the 51 required parking spaces shall be designated on the site plan prior to review by D.R.C; 8) the site plan must be revised to show existing trees by size, species, and location, that will be impacted by construction. Three specimen live oak trees are located in proximity of proposed retention pond, therefore, construction of this pond will impact the existing trees. It is recommended the pond be relocated or redesigned to accompany subject trees. (The develop should contact Environmental Management Division, at 462-6747, to discuss this matter prior to submittal of the site plan for review by D.R.C.); and 9) signs and fencing/walls are subject to separate review processes. The motion was duly seconded and carried unanimously. ITEM #29 - (Continued from 10/19/89) - Waiver Application for West Coast Sailing Center, Inc. and Penguin Palace Restaurant regarding operation of rental watercraft within a 40 foot wide corridor through the restricted area westward of the Penguin Palace Restaurant at 7 Rockaway St. (MR) Ordinance #3259-89, adopted by the Commission on November 3, 1983, established a restricted area excluding all watercraft and aircraft within 300 feet of the shoreline from the north jetty at the south end of Clearwater Beach Island northward to the center line of Somerset Street end; however, there are procedures for applying for a waiver. Mark Robinson, d/b/a West Coast Sailing Center, and the owners of Penguin Palace Restaurant, have applied for a waiver to permit establishment of a marked corridor for rental sail boards, aqua bikes, catamarans and a sunfish sailboat. The Harbormaster recommends approval. Mark Robinson, applicant, stated he has had other waiver agreements with the City for the operation of non-motorized watercraft for fifteen years and has always made every effort to comply with City regulations. He indicated he will move the building to the north property line as far as possible from the Clearwater Beach Hotel; and if a permit cannot be obtained from the Department of Natural Resources (DNR), the building will be removed. The Harbormaster noted the waiver does not address the building. Harry Cline, attorney representing Clearwater Beach Hotel, objected to the building being on the beach until it was permitted by DNR. He said the zoning is inappropriate and questions whether the authority to grant this waiver exists. Discussion ensued regarding whether or not the waiver could be approved without also approving the building. It was indicated the waiver application is for a corridor through the restricted swimming area and does not address the buildings. It was reported that enforcement of the citation on the building will be held in abeyance until Mr. Robinson has had an opportunity to complete the permitting processes which should be approximately 21 days. Commissioner Nunamaker moved to approve the requested waiver agreement and that the appropriate officials be authorized to execute same. The motion was duly seconded. Upon the vote being taken, Commissioners Regulski, Winner, Nunamaker and Mayor Garvey voted "aye." Commissioner Fitzgerald voted "nay." Motion carried. It was recommended that the building be moved to the north property line. ITEM #30 - CDBG Funded Housing Rehabilitation Loan Program - recommended that the maximum loan amount for 0% Deferred Payment Loans (DPL) be increased to $25,000.00 equal to the maximum loan amount for 6% Interest Bearing Loans (IBC) and establish the policy that no DPL or IBC loan will be made in an amount more than 50% of the after-rehabilitation cost basis value. (PLD) The Community Development Office currently offers two types of CDBG funded Housing Rehabilitation Loans. Both loan types are secured by a mortgage on the property being rehabilitated, which must be the principal residence. While staff recognizes the fact that there have been substantial cost increases in the construction industry since 1983, it is not recommended that there be an overall increase in the loan limit as it would appear to be more feasible to consider demolition and new construction if rehab costs exceed the established $25,000.00. As currently structured, those most in need of assistance, the very low income persons, are either forced to forego rehab or to borrow additional dollars on an IBL basis thus incurring an obligation that creates a housing cost in excess of 30% of income, which is the benchmark for Affordable Housing. Commissioner Winner moved to approve the request and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #31 - North Greenwood Design Review Committee Appointments - 7 Members (CLK) Commissioner Fitzgerald moved to continue this item to the next regular meeting of November 16, 1989. The motion was duly seconded and carried unanimously. ITEM #32 - Municipal Code Enforcement Board Appointments - 2 Members (CLK) Commissioner Regulski moved to reappoint Bruce Cardinal. The motion was duly seconded and carried unanimously. Commissioner Regulski moved to appoint John J. McKinney. The motion was duly seconded and carried unanimously. XI - Other Pending Matters ITEM - Phillies Spring Training Agreement - Third Amendment to Lease Agreements relating to Jack Russell Stadium and Carpenter Complex. Discussion ensued in regard to the proposed amendments. A question arose in regard to how the payments would be handled in the event of a lock-out and it was indicated the interest would continue to be paid with the lease being extended to cover that period. In response to a question, it was indicated that the monies received from the gross sales and the rent payments are taxable. The City Attorney requested adding at the end of Item No. 5 of the agreement "Such rental payments shall be subject to Florida Sales Tax, which shall be paid by the Phillies." Commissioner Regulski moved to approve the Third Amendment to Lease Agreements relating to Jack Russell Stadium and Carpenter Complex as amended and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. XII - Resolutions ITEM #33 - Resolution #89-55 - Assessing property owners the costs of having mowed or cleared owners' lots. Commissioner Winner moved to pass and adopt Resolution #89-55 and authorize the appropriate officials to execute same. The motion was duly seconded. Upon roll call the vote was: "Ayes": Regulski, Winner, Nunamaker, Fitzgerald and Garvey. "Nays": None. XIII - Other City Attorney Items - none. XIV - City Manager Verbal Reports The City Manager reminded the Commission of the upcoming Community Redevelopment Agency (CRA) meeting on November 6, 1989 at 1:00 p.m. XV - Other Commission Action Commissioner Fitzgerald requested staff expedite, as much as possible, streamlining the condemnation process. ITEM #34 - City Manager Evaluation Commissioner Regulski stated his summary evaluation of the City Manager was good. He discussed staff development indicating he felt the City Manager could have used more kindness in making recent personnel changes. He indicated there was a need to develop a following in existing forces. He stated the City Manager has done well in the areas of Budget/Finance; however, he expressed concern regarding using utility taxes and other funds to balance the budget. He found the organizational structure and maintaining the current tax rate to be positive. He expressed concern regarding maintaining a sense of the history of Clearwater. The City Manager indicated he felt he had handled staff changes in a compassionate manner. He said he has been conservative in regard to the budget. Commissioner Fitzgerald stated he felt overall Mr. Rabun is an excellent City Manager and found the City Manager to be very knowledgeable in the area of operations. He indicated he listens, takes constructive criticism, controls stressful situations well and has a sense of political awareness. He indicated the need to maintain accessibility to staff and citizens. He stated the City Manager must carefully avoid the perception of a bias toward developers. He indicated the need to strengthen relations with governmental agencies and requested the development of a master plan. Mayor Garvey stated she felt the City Manager relies too heavily on staff to present items to the Commission and at other times he provides too much background. She found the organizational structure to be complex. She expressed concern regarding employee moral and suggested conducting a climate study. She indicated she has received complaints regarding inaccessibility and communication. She cautioned that by operating at such a high level of activity, priorities sometimes can get confused. The City Manager indicated he always tries to emphasize the need for accessibility. He said he is more involved at the work session with the items coming before the Commission. He indicated the need to use staff in a city the size of Clearwater. He stated the "chain of command" which has been developed was in response to what he sensed as a need for more supervision. He indicated he is always looking for ways to streamline. He reported he has taken action to address concerns, he has held goal setting sessions with departments and is going out to the departments to meet with employees. He felt the morale issue was overblown. Commissioner Winner stated he found the City Manager has excellent job knowledge and technical skills. He indicated a need for a balance in the workforce and urged that staff be developed from within. In regard to the Budget, he indicated one needs to go through a budget year in order to evaluate. He rated the City Manager between good and excellent. He felt the City Manager's rating would improve as he becomes more familiar with the City of Clearwater. The City Manager stated the organizational chart shows overall many veteran employees. Commissioner Nunamaker stated he felt the City Manager has excellent job knowledge. He indicated the City Manager has responded to the Commission's concerns regarding mid management and the need for changes. He said he was satisfied with his financial management to live within the budget. He stated he finds the City Manager to be more accessible than others he has worked with in the past. He finds him to be cooperative and adaptable and is pleased with the organizational structure. He stated he rates the Manager, overall, as Good. The City Manager thanked the Commission and said he found working for the City enjoyable and challenging. He suggested the Commission consider combining the salary review and evaluation in the future. XVI - Adjournment The meeting adjourned at 10:05 p.m.