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10/01/1992 CITY COMMISSION MEETING October 1, 1992 The City Commission of the City of Clearwater met in regular session at City Hall, Thursday, October 1, 1992 at 6:00 p.m., with the following members present: Rita Garvey Mayor/Commissioner Richard Fitzgerald Vice-Mayor/Commissioner Lee Regulski Commissioner Sue Berfield Commissioner Arthur X. Deegan, II Commissioner Also present: Michael J. Wright 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 Mary K. Diana Assistant City Clerk The Mayor called the meeting to order and led the Pledge of Allegiance. In order to provide continuity for research, the items will be listed in agenda order although not necessarily discussed in that order. ITEM #3 - Service Awards - none. ITEM #4 - Introductions and Awards Proclamations: A. Fire Prevention Week - October 4-10, 1992. B. Spinal Health Month - October 1992. ITEM #5 - Presentations - none. ITEM #6 - Minutes of the Regular Meeting of September 17, 1992 Commissioner Regulski moved to approve the minutes of the regular meeting of September 17, 1992, as recorded and submitted in written summation by the City Clerk to each Commissioner. The motion was duly seconded and carried unanimously. ITEM #7 - Citizens to be heard re items not on the Agenda John Wiser reported on Countryside Day and requested the Commission consider their forthcoming recommendations for the Countryside Community Center. He stated, if the City built the center, they would furnish it. He said a cooperative effort is being sought and that Florida Power has donated adjacent land for parking. Clark Weaver requested discussion regarding curbing on west side of Glenwood Avenue be agendaed. He provided letters regarding the Southwest Florida Water Management District (SWFWMD) having no problems with the curb. He felt this project should not be done through an assessment program. He reported Clearwater has been selected for the International Beach Volley Ball Hall of Fame. He requested the Commission support MIA/POW efforts. John Meek, Jr. complained the Commission is not listening to the community. He stated all concerns had not been taken into consideration in passage of the City of Clearwater sign code. The Commission indicated alot of input had been received from the community when the sign ordinance was adopted in 1985 and the community has had seven years to comply. They also stated not agreeing does not mean they are not listening. Fred Thomas requested Item #22 be removed from the Consent Agenda. Ken Hessler requested consideration of allowing skating on Clearwater Beach and requested a meeting with staff. The City Manager recommended approaching the Clearwater Beach Association as the first step. A primary concern expressed was the skater's safety. Steve Saliga and Bob Bickerstaffe requested consideration of appointing Commissioner Regulski to fill the remainder of his term. PUBLIC HEARINGS ITEM #8 - Public Hearing & First Reading Ords. #5269-92, #5270-92 & #5271-92 - Annexation, Land Use Plan Amendment to Low Density Residential and RS-4 Zoning for property located at 1836 Brentwood Dr., Lake Lela First Add., Lot 5, 0.25 acres (Johnston A92-09, LUP92-16)(PLD) The applicant is requesting annexation in order to obtain City sewer service. The area is developed as single family residential. The applicant's lot is contiguous to the City on its east and south (street) sides. The lots to the east, northeast and southwest have a City Future Land Use Classification of Low Density Residential and RS-4 Zoning. The remaining lots surrounding the applicant's lot are in the County and have a County Land Use Classification of Low Density Residential and County R-4 Zoning, minimum lot size of 7,500 sq.ft. It is proposed the applicant's property be given the same Land Use Classification as the lots in the immediate area that are in the City. The applicant's lot meets the dimensional requirements of the RS-4 district. At their September 15, 1992 meeting, the Planning and Zoning Board recommended approval for this request. The Countywide Land Use Classification of Low Density Residential (5 u.p.a. max.) for this lot has a less intense maximum density than the least intense City classification, Low Density Residential (8 u.p.a. max.). Pinellas County Planning Council review of the City's proposed Land Use Classification will be required. Commissioner Regulski moved to approve annexation, a land use plan amendment to low density residential and RS-4 zoning for the subject property. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5269-92 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance #5269-92 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. The City Attorney presented Ordinance #5270-92 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5270-92 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. The City Attorney presented Ordinance #5271-92 for first reading and read it by title only. Commissioner Berfield moved to pass Ordinance #5271-92 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. ITEM #9 - Public Hearing & First Reading Ords. #5272-92, #5273-92 & #5274-92 - Annexation, Land Use Plan Amendment to Low Density Residential and RS-6 Zoning for property located at 1216 Duncan Ave. S., Oak Acres Add., Blk E, Lot 6, 0.35 acres (Bacun A92-08, LUP92-15)(PLD) The applicant is requesting annexation in order to obtain City sewer service. The area is developed as a single family residential community. The applicant's lot is contiguous to the City along its north, east and south property lines, and the adjacent properties in these directions all have a City Land Use Classification of Low Density Residential and RS-6 Zoning. The property to the west of the applicant's lot is in the County and has a County Future Land Use Classification of Low Density Residential (5.0 upa max) and County R-3 Zoning, minimum lot size of 6,000 square feet. It is proposed that the applicant's property be given the same Low Density Residential Classification and RS-6 Zoning as the other properties in the immediate vicinity which are in the City. At their September 15, 1992 meeting, the Planning and Zoning Board recommended approval for this request. The Countywide Land Use Classification of Low Density Residential (5 u.p.a. max.) for this lot has a less intense maximum density than the least intense City classification, Low Density Residential (8 u.p.a. max.). Pinellas County Planning Council review of the City's proposed Land Use Classification will be required. Commissioner Fitzgerald moved to approve annexation, a land use plan amendment to low density residential and RS-6 zoning for the subject property. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5272-92 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5272-92 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. The City Attorney presented Ordinance #5273-92 for first reading and read it by title only. Commissioner Berfield moved to pass Ordinance #5273-92 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. The City Attorney presented Ordinance #5274-92 for first reading and read it by title only. Commissioner Berfield moved to pass Ordinance #5274-92 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. ITEM #10 - Public Hearing & First Reading Ords. #5275-92, #5276-92 & #5277-92 - Annexation, Land Use Plan Amendment to Public/Semi-Public and P/SP Zoning for property located at 2989 Union St., Sec. 5-29-16, M&B 11.08, 2.5 acres (Sylvan Abbey Memorial Park A92-10, LUP92-17)(PLD) Prior to this request, this property was the subject of an Agreement to Annex dated June 9, 1986, which was executed to enable the applicant to obtain City water service. The lot is immediately south of Elysium Subdivision across Union Street. The portion of Union Street between the applicant's property and Elysium Subdivision is to be annexed together with the applicant's property, making the property to be annexed contiguous to the City. The Sylvan Abbey Cemetery is to the west of the parcel to be annexed and has a County Land Use Classification of Open Space. The land to the south and east is also in the County and has a Land Use Classification of Suburban Low Density Residential. At present, the properties to the immediate east and immediate south are vacant. Elysium Subdivision to the north is in the City and has a City Land Use Plan Classification of Low Density Residential and RS-6 zoning. The lot just to the north of the applicant's is vacant. The applicant has purchased this parcel which lies adjacent to the cemetery for use as an administrative center for the cemetery and has received permission from the County to expand the cemetery to include the parcel proposed for annexation. The applicant wants to modify the existing structure on the site. In order to do so, the County is requiring that the applicant connect the structure to the available City sewer which is in Union Street in front of the property. It is proposed to give the property to be annexed a Future Land Use Classification of Public/Semi-Public and P/SP zoning. The minimum area for the establishment of a P/SP district is one acre. The applicant's property is 166.8 feet wide by 635.5 deep and contains approximately 2.5 acres. Cemeteries, columbariums and mausoleums are permitted uses within a P/SP district. The present address for this property is out of sequence and should be changed to 2901 Union Street upon annexation. The Countywide Future Land Use Plan Classification will change from Residential to Public/Semi-Public and will require Pinellas County Planning Council approval. Commissioner Deegan moved to approve annexation, a land use plan amendment to Public/Semi-Public and P/SP zoning for the subject property. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5275-92 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance #5275-92 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. The City Attorney presented Ordinance #5276-92 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5276-92 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. The City Attorney presented Ordinance #5277-92 for first reading and read it by title only. Commissioner Deegan moved to pass Ordinance #5277-92 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. ITEM #11 - (Cont. from 9/17/92) Variances to Sign Regulations for property located at 1500 Belleair Rd., Sec. 23-29-15, M&B 34.04 (Fortune Fed'l S&L Assn/Fortune Bank SV92-14)(PLD) The applicant is requesting variances to permit an existing pole sign 15 feet in height and to permit an addition to the pole sign to advertize an Automatic Teller Machine (ATM) at this location. Concerning the first request, in December 1991, the City issued a sign permit to allow a face change and relocation of this 24 square foot pole sign. The owners were responding to notification that their pole sign was less than the required five foot minimum setback from their property line. The sign survey did not make note that the pole sign was over the allowable height, and, consequently, the owners were not notified of this violation. The applicant's property on the northwest corner of Highland and Belleair is zoned OL, while the surrounding property to the north, east and west is commercially zoned; to the south there is a condominium development under the jurisdiction of the City of Largo. The maximum sign height in an OL district is six feet under the current sign regulations; this height is proposed to be eight feet in the revised regulations. The commercially zoned property around the bank is permitted pole signs up to 20 feet in height. Staff feels the requested height variance is warranted because the sign height is less than other nonresidential signs at this intersection; the area of the sign is less than that allowed for surrounding commercially zoned properties; and notification of the sign being over height was not provided to the applicant so that it could be corrected when the sign was moved back from the property line. Regarding the request for an addition of a sign panel of six square feet to advertise the ATM, the existing pole sign has the maximum surface area permitted for an OL district, 24 square feet, and the added service of the ATM is not considered justification for a variance for additional surface area for freestanding signage. It should be noted that if this property was commercially zoned like the surrounding nonresidential development, the bank would be allowed a freestanding sign of 64 square feet or larger, depending on the applicable commercial zoning classification. Catherine Nixon, representing the applicant, stated the ATM sign will identify the bank provides this service. Discussion ensued regarding the surrounding area and concern was expressed the request for the 6 square foot ATM sign was not minimal. It was felt ATMs are universal at banking facilities and did not need to be advertized: Ms. Nixon indicated this service is not available at all Fortune Bank locations. Discussion ensued in regard to the history of this property and it also being surrounded by commercially zoned property which allows larger signs. There was also discussion regarding whether the ATM sign would be illuminated. Commissioner Regulski moved to approve the request for six square feet for a non-illuminated property identification sign to permit a sign area of 30 square feet and a variance of 7 feet to permit a property identification sign 15 feet in height subject to: 1) No additional freestanding signs shall be erected on the property; and 2) the requisite sign permit shall be obtained within 30 days of the date of this public hearing. The motion was duly seconded and upon the vote being taken, Commissioners Regulski, Berfield and Deegan voted "aye;" Commissioner Fitzgerald and Mayor Garvey voted "nay." Motion carried. ITEM #12 - Amendment of 1992-93 CDBG Final Statement to increase administrative funding for CNHS and approval of 1992-93 subrecipient contract (PLD) Clearwater Neighborhood Housing Services (CNHS) conducts housing rehabilitation, new construction and economic development services in the North Greenwood neighborhood using CDBG funds provided through the City. CNHS operating funds for 1992-93 have been reduced due to reductions in a grant from the State of Florida and a reduction in the number of contributing lenders. The City approved administrative funds for CNHS for 1992-93 on July 2nd in the following amounts: 1) Owner rehabilitation - $18,000; 2) Infill Housing - $20,000; 3) Economic Development - $10,000; and 4) HOME administration - $7,000 for a total of $55,000. City staff and CNHS have reviewed the contracts for 1990-91 and 1991-92 and noted that $40,100 in administrative funds previously awarded have not been collected by CNHS due to the establishment of a fee schedule which set goals that proved to be overly ambitious. Payments were based on the number of loans closed for rehabilitation, economic development and infill housing. Delays in initiating the "Challenge 2000" loan program resulted in fewer loans being closed than projected. The payment schedule was based on 24 infill housing loan closings in 1991-92 and as of August, only 8 closings have taken place. Staff has prepared a contract for 1992-93 which increases administrative funding for CNHS in the following amounts: $3,750, $20,950 and $10,100 for owner rehabilitation, infill housing and economic development respectively for proposed totals of $21,750, $40,950 and $20,100 respectively with the HOME Administration activity having no increase thereby remaining at the proposed $7,000. The 1992-93 CNHS contract also reflects funds for activity implementation. Funds for these activities have been made available through CNHS acting as the City's agent. Mortgages in favor of the City will continue to be issued as security for these funds, consistent with the applicable program policies. Proposed funding for owner rehab is $134,000; for land acquisition $165,000 and for economic development $40,000. The total amount of the contract with CNHS is $428,800. Amendments to the 1992-93 CDBG Final Statement are requested for the purpose of: a) Adding a funding resource to provide for increased activity delivery funds: "Carry over of prior years unexpended balance, $34,800"; b) Increasing administrative funding for CNHS to the amounts shown in the proposed funding; c) Adding one new activity, "Land acquisition" - purchase of lots by CNHS and/or the City for new home construction, $165,000; and d) Reducing "City/Infill Housing Development Program" by $165,000. Funding of $218,650 was allocated on July 2, 1992. Funds remaining in the amount of $53,650 will be used by the City to pay for appraisals, surveys, administration and other eligible expenses. On September 29, 1992 the Clearwater Neighborhood Advisory Committee met and considered the amendments to the 1992-93 CDBG Final Statement. The committee unanimously recommended approval of these amendments. The Committee also considered the proposed subrecipient agreement and proposed some amendments. Jim Polatty, Planning and Development Director, reviewed the amendments to the contract indicating the changes are minor. Discussion ensued in regard to the amendment "This Agreement may be terminated with cause, by either party hereto..." and a question was raised as to whether this change was considered to be a minor change. The City Attorney felt although not minor, it was not unreasonable. Commissioner Deegan moved to amend the 1992-93 CDBG Final Statement to increase activity delivery funding for CNHS from $55,000 to $89,800, add direct activity funding to the CNHS contract and approve the 1992-93 subrecipient agreement between the City and CNHS. The motion was duly seconded and carried unanimously. Commissioner Regulski moved to amend the 1992-93 CNHS contract as follows: 1) on page 1, paragraph 1, line 5: delete INC.,; add INCORPORATED; 2) on page 4 subsection H: Add as sentence to read: "However, as the Provider is considering contracting with an employee leasing company, it is agreed that if the Provider contracts with and subsequently terminates its contract with the employee leasing company and rehires its existing staff, the Provider will not be in breach of this provision."; 3) on page 5 subsection M: Delete paragraph which begins "In written materials..."; 4) on page 6, Section IV A, line 1 revised to read: "This Agreement may be terminated with cause by either party hereto..."; 5) on page 13: delete INC., add INCORPORATED; correct signature lines; and 6) on Appendix 1, page 8 of 12 TOTAL should be $60,100. The motion was duly seconded and carried unanimously. There was discussion regarding the North Greenwood Merchants Association having concerns in regard to the Economic Development Loan Program to be discussed at a meeting with CNHS. Staff is to attend and report. ITEM #13 - (Cont. from 9/17/92) Public Hearing - Declare property located at 401 S. Prospect Ave., Coachman's Heights Revised, Blk C, westerly 110' of Lots 4-6, as surplus to City needs for the purpose of leasing to the IAFF (AS) Lease of property on Prospect Avenue has been withdrawn. A new item will be coming forward for property at the corner of Franklin Street and East Avenue. ITEM #14 - (Cont. from 9/3/92) Alcoholic Beverage Distance Separation Variances for property (Ocean Garden Restaurant) located at 470 Mandalay Ave., Clearwater Beach Park, Lots 43-48 and part of Lot 64 & Lots 65-71 (Pelican Two, Inc. AB92-12)(PLD) Commissioner Regulski moved to continue this item to the regularly scheduled meeting of November 5, 1992. The motion was duly seconded and carried unanimously. Public Hearing - Second Reading Ordinances ITEM #15 - Ord. #5264-92 - relating to height limitations, amending Sec.136.004 & 137.005 (LDCA92-12) The City Attorney presented Ordinance #5264-92 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5264-92 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. ITEM #16 - Ord. #5278-92 - Third Quarter operating budget amendments The City Attorney presented Ordinance #5278-92 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5278-92 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. ITEM #17 - Ord. #5279-92 - Third Quarter CIP budget amendments The City Attorney presented Ordinance #5279-92 for second reading and read it by title only. Commissioner Deegan moved to pass and adopt Ordinance #5279-92 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. ITEM #18 - Ord. #5284-92 - Relating to utilities; amending Secs. 50.05(e)(1) and (3), 50.05(f)(1) and 50.05(g)(1) to decrease domestic water and wastewater rates The City Attorney presented Ordinance #5284-92 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5284-92 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. CITY MANAGER REPORTS CONSENT AGENDA (Items #19-28) - Approved as submitted less Item #22. Bids & Contracts - Awarded. ITEM #19 - Renew contract with Wittner & Company for the period 1/1/93-12/31/93, at the rate of $800 per month and an additional $3,000 for design, implementation and management of the insurance open-transfer period (HR) ITEM #20 - Renew medical insurance contract with CIGNA and mental health/substance abuse coverage with Professional Psychological Services (PPS) for the period 1/1/93-12/31/93; extend PPS contract for the Employee Assistance Program (EAP) for the period 10/1/92-12/31/92, est. $3,078,540 (HR) ITEM #21 - Purchase parcel of land on McMullen-Booth Road (.87 acre), Sec. 21-28-16, M&B 23.12 less the E 50' for $92,000 and related property survey and closing costs of $2,000 for a total of $94,000 (PR) ITEM #22 - See page 12 Citizens & Staff Requests - Approved. ITEM #23 - Continued participation with Florida Municipal Natural Gas Association (FMNGA) in the joint municipal representation of issues thru FMNGA's Washington, D.C. based attorney, Miller, Balis & O'Neil; the FMNGA's Rate Consultant, Ratemaster; and incur other related FMNGA fees; not to exceed a total of $45,000 for FY92/93 (GAS) ITEM #24 - Transfer of $13,700 from Recreational Facility Impact Fees into a CIP program to allow for purchase of necessary items for the Clearwater Community Sailing Center (MR) ITEM #25 - City Clerk Directed to prepare for and conduct the forthcoming municipal election to be held 3/9/93; authorization to hire necessary election boards and compensate pollworkers in a manner commensurate with Pinellas County SOE (CLK) ITEM #26 - Approval of Town Meetings - 10/27/92 at Martin Luther King Center; 11/24/92 at Morningside Recreation Center; 3/30/93 at Memorial Civic Center & 4/27/93 at Countryside Library, all to begin at 7:30 p.m. (CLK) Receipt and Referral - Received and Referred. ITEM #27 - Proposed LDCA to amend Sec. 134.015 relating to nonconforming signs and the criteria to be considered in granting variances from the provisions thereof (CA) Agreements, Deeds & Easements - Accepted. ITEM #28 - 10' Sidewalk Easement - Bayview Ave. (Our Lady of Divine Providence House of Prayer)(CA) Commissioner Fitzgerald moved to approve the Consent Agenda as submitted less Item #22 and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #22 - Contract for 16MM micrographic services to tmc Micrographic Services, Inc., Tampa, FL, for the period 10/1/92-9/30/97, at an est. $35,000 for 92/93 budget year (CLK) The present vendor, Anacomp, has been performing this service since January 1991 but declined to renew their contract. Bids were received from six vendors with the following being the lowest: 1) tmc Micrographic Services, Inc.; 2) Micro Image, Inc.; and 3) UPARC. Site visits were made to the three lowest bidders and references were checked. The low bid was determined by projecting costs based on likely volumes of use of each item. In both scenarios used, tmc Micrographics Services, Inc. was the lowest overall bidder. In addition to the line items listed in the Bid, there is one alternate item to provide a charge for sorting jackets and fiche into order (alpha, numeric, etc.) It is wished to issue the purchase order to include all line items and the alternate per the bid specifications. Subsequent annual renewals will be based on funds appropriated by the Commission in the annual budget. A citizen spoke in behalf of the third lowest bidder, UPARC, requesting the micrographics contract be renegotiated. Jim Boyer, Marketing Manager for UPARC, stated it is a challenge to find work for the handicapped and asked support for their organization. He indicated their organization is the only one in Pinellas County to bid on this service. He questioned the ability of the bidder selected to provide this service at the price quoted. He also alleged that UPARC, as a "respect" bidder, should be awarded the contract. Discussion ensued in regard to the City having supported UPARC in the past. The City Clerk stated no formal protest has been filed. In response to a question, she provided scenarios based on unit prices indicating the difficulty in determining exact cost differences between bids. Concerns were expressed regarding special consideration being given to bidders, deviating from the charter as to the lowest and most responsive bidder and the possibility of a lawsuit being filed by the low bidder. In response to a question, it was indicated "respect bid" is an established price for municipalities by the state for agencies that serve the handicapped. A question was raised if municipalities are obligated to do business with these agencies. The citizen speaking in UPARC'S behalf offered to make up the difference between the lowest bidder and UPARC. Commissioner Berfield moved to continue this item to the next regularly scheduled meeting of October 15, 1992 to clarify the state law in regard to a "respect bid." The motion was duly seconded and carried unanimously. The meeting recessed from 7:50 p.m. to 8:00 p.m. OTHER ITEMS ON CITY MANAGER REPORT ITEM #29 - (Cont. from 9/17/92) Staff update on the Annexation Committee and Annexation Incentive Program and receive direction regarding recommendations (PLD) In Florida, an annexation must be voluntary in accordance with State Statutes. The principal reason property owners annex into the City is to obtain City sanitary sewer service. Owners of unincorporated property within the City's planning area who are not in need of sewer service should therefore be persuaded in some way to annex. The first step is to provide information to these property owners on the differences in City and County services, fees and code requirements which would affect their properties. Implementation of an incentive program will be necessary to convince many currently uninterested parties to annex into the City. Annexation of the enclaves will benefit the City by increasing the tax base, simplifying the delineation of the boundaries of the City limits thereby providing a more efficient use of City services, planned infrastructure improvements and the application and enforcement of code requirements. An Annexation Committee was organized in September 1991 consisting of representatives from City departments, including Planning and Development, Public Works, Public Information, Utilities, Parks and Recreation, Gas and Police. The committee has had six meetings. As the County has not yet adopted a stormwater management charge, and this charge in the City will impact owners of non-residential properties the most, the committee decided residential neighborhoods should be approached as the initial target areas in the annexation incentive program. In discussions with owners of unincorporated single family properties, staff has found most of the individuals would like to annex to get on City sewer, to be able to use the City's library system and to receive City solid waste disposal services, however, felt disincentives to annexation were the sewer assessment and connection costs. The recommended incentives are: 1) Waive the annexation application fee for all applicants who submit a petition prior to August 1993; 2) Provide a City library card to applicants immediately following Commission receipt and referral of an annexation petition; 3) Change the City code to allow waiver of the $200 City recreation facility impact fee for all applicants who submit an annexation petition prior to August 1993; 4) Provide residential solid waste services immediately following Commission receipt and referral of an annexation petition; and 5) Change the policy to not require City sewer connection at the time of annexation unless there is a current public health problem or it is requested by the property owner; there will be no charge for sewer on the city utility bill until it is connected. Jim Polatty reviewed the annexation incentive program noting the advantages and disadvantages and gave current services/fees for both county and City. He emphasized that it costs more to live in the County with equivalent services. A question was raised why go forward with this program when staff feels the incentives will probably not appreciably change the number of annexations. Mr. Polatty said it is worth the effort to try and change the perception it is more expensive to live in the City than in the county. In response to a question, it was indicated there would be no time limit for sewer hook-up after annexation. There was discussion regarding providing a City recreation card as an incentive. Discussion ensued in regard to both septic and sewer systems serving the enclave areas. A question was raised if it would take a year to see how the program is going, and a recommendation was made to review the program after six months. A citizen spoke to the issue and recommended a large incentive needed to be offered such as no taxes for the enclaves for two years amortized over a period of 30 years. Concern was expressed it would not be fair for the taxpayer to subsidize these properties. The City Attorney pointed out state law will not allow a tax credit and this could delay the date of annexation. Suggestions were made to consider paying property owners to annex, allowing development in the county first, as it is less stringent, and discussing annexation with owners who are ready to sell their property. Direction was given by the Commission to proceed with the incentive program recommended but to brainstorm to identify additional incentives. ITEM #30 - Res. #92-55 - authorizing execution of the General Fund Social Service Action Grant and Funding Agreements with certain nonprofit agencies; approving agreement form to be used (AS) On September 17, 1992 the Commission adopted the FY93 Budget. Included in that budget were authorizations for Social Service Action Grants and funding from General Fund sources for the following agencies, in the amounts and for the purposes shown as follows: 1) Girls Inc. of Pinellas - $10,450 - Operational expenses for Condon Gardens Girls Club; 2) Coordinated Child Care of Pinellas, Inc. - $23,645 - Local Match for Title XX Federal Grant to provide Contracted Child Care; 3) Religious Community Services, Inc. - $7,000 - Furnish funding for utilities to Emergency Housing; 4) Neighborly Senior Services - $11,600 - Local Matching Funds for Elderly Group Dining Program; and 5) Quest Inn, Inc. - $2,915 - Provides funding for emergency housing utilities. The agreements for these grants all have similar provisions and are presented for Commission approval by Resolution #92-55 which sets forth the basic agreement form and summarizes the agreements to be executed for an October 1st activation date. A direct contract agreement will be executed with each of the Agencies. Funding for these agreements will be from the Non-Departmental General Fund account which has an approved balance for FY93 of $62,000. Commissioner Regulski moved to authorize the execution of the General Fund Social Service Action Grant and Funding Agreements with certain nonprofit agencies and approve the agreement form to be used for such purposes. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #92-55 and read it by title only. Commissioner Regulski moved to pass and adopt Resolution #92-55 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. ITEM #31 - Res. #92-58 - authorizing execution of CDBG subrecipient agreements with certain nonprofit corporations and approving agreement form to be used (PLD) On July 3, 1992, the Commission approved the 18th year CDBG Final Statement and Objectives for FY1992-93. Agreements with the approved subrecipients have been developed. These agreements all have similar provisions and are presented for Commission approval by Resolution #92-58 which sets forth the basic agreement form and summarizes the agreements to be executed for an October 1 activation date. A direct agreement will be executed with each of the agencies. The Community Service Foundation will be funded with Pinellas County serving as the lead agency. This will be accomplished through an Interagency Memorandum of Agreement. CNHS has requested their agreement be revised from the proposal which was approved on July 2. That request was the subject of Item #12 on tonight's meeting. Total funding for these contracts will come from CDBG revenues. Commissioner Regulski moved to authorize the execution of CDBG subrecipient agreements with certain nonprofit corporations and approve the agreement form to be used for such purposes. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #92-58 and read it by title only. Commissioner Fitzgerald moved to pass and adopt Resolution #92-58 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. ITEM #32 - Municipal Code Enforcement Board - 2 appointments (CLK) Commissioner Regulski moved to appoint Thomasine Fontana-Smith. The motion was duly seconded and carried unanimously. Commissioner Berfield moved to appoint E. J. Robinson. The motion was duly seconded and carried unanimously. ITEM #33 - Environmental Advisory Committee - 3 appointments (CLK) Commissioner Berfield to reappoint Harold Hunt and George Davis. The motion was duly seconded and carried unanimously. In response to a question, the City Clerk indicated policy allows members of the EAC to serve on another board until such time the EAC is formalized by ordinance. Commissioner Regulski moved to appoint Dale Green. The motion was duly seconded and carried unanimously. ITEM #34 - Library Board - 1 appointment (CLK) Commissioner Regulski moved to appoint William Donovan. The motion was duly seconded and carried unanimously. ITEM #35 - CNHS B.O.D. - 1 appointment (CLK) Commissioner Regulski moved to continue this item for names to be submitted. The motion was duly seconded and carried unanimously. ITEM #36 - Other Pending Matters - None. ITEM #37 - Other City Attorney Items The City Attorney distributed the quarterly litigation update. ITEM #38 - City Manager Verbal Reports A. Request for closure of Cleveland Street and waiver of fees for the 11/14/92 Street Festival proposed by Brenda Nixon Ms. Brenda Nixon, on behalf of the Downtown Development Board, is asking the City to co-sponsor a "Clearwater Arts Colony Grand Opening" to be held on Saturday, November 14, 1992 from 7:30 p.m. until 10 p.m. This event will be held on Cleveland Street which will be closed from East Avenue to Fort Harrison pending approval from the Florida Department of Transportation. According to her Special Event Application, Ms. Nixon indicates that 5,000 people are expected to attend the event and visit art colony shops which will be opened as a part of downtown revitalization. In addition to the art colony shops, a band will be present to add to the festive atmosphere. In the event the City co-sponsors the activity, estimated costs for City services would be as follows: 1) Police Department - to patrol the event and intersections so that traffic could be re-routed - $4,000; 2) Traffic Engineering/Barricades - In order to close appropriate intersections, labor and barricades will be needed - $1,500; and 3) Port-o-Lets - Ten will be ordered and placed along the route at a cost of $400. The total estimated City cost associated with this event is $5,900. Also, if the insurance requirements are waived, the City will assume liability. This is a new Special Event and monies were not budgeted by those departments providing services. The first quarter budget review will include an amendment to provide the necessary funds for this project if approved. Commissioner Fitzgerald moved to approve cosponsoring with the Downtown Development Board a "Clearwater Arts Colony Grand Opening" and the closing of Cleveland Street on November 14, 1992 and to waive the liability insurance requirements and all City fees associated with the event. The motion was duly seconded. Brenda Nixon reported on the Clearwater Arts Colony project which will locate artists and art groups in vacant storefronts in the downtown. She said the shops will be open starting October 14th from 10:00 a.m. to 6:00 p.m. on weekdays and from 10:00 a.m. to 8:00 p.m. on weekends. The open air festival will be part of the grand opening in November. Free parking will be available in the downtown from October 15th through January 1, 1993. She thanked the Commission and Downtown Development Board for their support. Upon the vote being taken, the motion carried unanimously. B. Florida League of Cities (FLC) - Legislative Conference The City Manager reported there is a conflict with the November 19, 1992 City Commission meeting due to the legislative conference being held in Tallahassee and suggested canceling this meeting. November 23, 1992 could be a make-up date if needed. Commissioner Berfield moved to cancel the November 19, 1992 City Commission meeting. The motion was duly seconded and carried unanimously. C. Clearwater Beach Trolley Alternatives for enhanced Trolley Service were discussed at the September 28, 1992 Worksession. PSTA and staff were requested to consider expanding the Beach Trolley North to Mandalay and South to the Cabana Club and to add an express service for the Beach to Downtown and to come back to the Commission with specific costs and recommendations. The City Manager reported the Pinellas Suncoast Transit Authority (PSTA) is recommending to not expand the current trolley route. Several alternatives to the new express service between downtown and the central beach area with possibly a stop in Islands Estates have been discussed. With or without a stop in Island Estates, PSTA is predicting a 30-minute turn around for the mainland to beach route. Because of revenue and ridership conflicts with Route 80, PSTA is recommending the trolley not stop at Island Estates. Funding for the trolley experiment will cost approximately $10,700 per month and is recommended to come from the General Fund surplus. The City Manager agreed with the recommendation of not expanding the route. He would like to discuss further with PSTA the beach/downtown run with a stop at Island Estates. Discussion ensued in regard to potential problems from expanding the Beach route. The reasons PSTA does not recommend the expansion include long waits, standing room only, and the possibility of passengers not being able to get on the trolley even after the long wait. A recommendation was made to go with a Clearwater Harbor Express Trolley, 10:00 a.m. to 6:00 p.m., seven days a week with Route #80 remaining unchanged, for approximately a three-month period and to negotiate for a stop at Island Estates. Commissioner Berfield moved to authorize on a trial basis to begin as soon as possible until December 31, 1992 an express trolley service from the beach (Pier 60 area) to the downtown from 10:00 a.m. to 6:00 p.m., seven days a week. The motion was duly seconded and carried unanimously. Commissioner Deegan moved to authorize the City Manager to discuss with PSTA the possibility and cost for adding a stop at Island Estates to the Express Trolley Route. The motion was duly seconded and carried unanimously. A suggestion was made to investigate a double decker bus. ITEM #39 - Other Commission Action A. City Attorney Salary Review Commissioner Regulski recommended a $5,000 increase to bring the City Attorney's salary to $80,400. He indicated this would provide a 4% general increase and a 3% merit. A question was raised regarding the average increase for the unions and the City Manager said this amount varies significantly due to contracts but averages out to 5.2% Discussion ensued in regard to various percentage increases. Commissioner Regulski moved to increase the City Attorney's salary to $80,000. The motion was duly seconded and carried unanimously. B. City Manager Salary Review It was suggested a 4% general increase and a 2% merit be considered. This would result in an approximate salary of $88,000. Commissioner Regulski moved to approve a salary adjustment to $88,000 for the City Manager. The motion was duly seconded. Concerns were expressed regarding the increases in salary Mr. Wright has received during his employment with Clearwater and that the evaluation he received did not warrant this amount of increase. Opinions were expressed that the increase provided Mr. Wright when he was promoted to City Manager should not be considered and the proposed increase is appropriate for an average City Manager. A request was made to include a report on other City Managers' salaries in the future. Upon the vote being taken, Commissioners Regulski, Fitzgerald and Mayor Garvey voted "aye;" Commissioners Berfield and Deegan voted "nay." Motion carried. Commissioner Berfield requested unsightly City owned property be cleaned up. ITEM #40 - Adjournment The meeting adjourned at 9:37 p.m.