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06/17/1993 CITY COMMISSION MEETING June 17, 1993 The City Commission of the City of Clearwater met in regular session at City Hall, Thursday, June 17, 1993 at 6:00 p.m., with the following members present: Rita Garvey Mayor/Commissioner Arthur X. Deegan, II Vice-Mayor/Commissioner Richard Fitzgerald Commissioner Sue A. Berfield Commissioner Fred A. Thomas 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. The invocation was offered by Pastor Louis Haseley of St. Paul's Lutheran Church. 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 Seven service awards were presented to City employees. The June Employee of the Month Award was presented to Gregory Hoover of the Fire Department. ITEM #4 - Introductions and Awards Proclamation: Parks & Recreation Month - July 1993. ITEM #5 - Presentations - none. ITEM #6 - Minutes of the Regular Meeting of June 3, 1993 Commissioner Fitzgerald moved to approve the minutes of the regular meeting of June 3, 1993, 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 Doran complained about the treatment and procedures followed by the Police Department regarding his son, a former police officer. He requested investigation of the Police Chief. Muhammad Abdur-Rahim, Cherry Harris, Deborah Hodovan, Bernice Davis and Don Fisher spoke in support of renaming Plaza Park in the North Greenwood area for Lamar Ford who was killed during a drug deal to reflect on this tragedy and to help the community. A written proposal is to be submitted. Robert Mercado and Diane Terry spoke regarding the removal of the fence around the pond in Tropic Hills citing safety concerns. They requested the fence be replaced. Mr. Mercado expressed concern the City would no longer maintain the property. He said the perimeter roads of the subdivision have been paved and asked if there was any intent to pave the interior streets. Scot Nugent requested a commitment from the City to bring volley ball tournaments to Clearwater Beach. He requested he be hired to organize and direct the tournaments. The Mayor suggested a written proposal be submitted to the Convention and Visitors' Bureau. Peter Mangana referred to a "white paper" regarding "sick building" syndrome. He requested considering more than just replacing the air conditioning unit at the Utilities Building. The Mayor indicated a final decision regarding the Utilities Building would not be made until a decision is made regarding the City Hall project. Robert Clarke expressed concern regarding the number of Americans victimized by felonious crime indicating he has been wrongfully evicted from his apartment to keep him from exposing those responsible. He complained regarding manipulation of young women at adult entertainment clubs. Frank Ott expressed concern about the traffic problems to Clearwater Beach and suggested use of a monorail. Claude Kennedy, Deborah Hodovan and Brenda Harris Nixon spoke in support of the downtown Arts Colony. They felt it has not received the necessary support to become successful. It was requested the Downtown Development Board continue funding, hire a coordinator and establish a budget and a long range plan. Ms. Nixon spoke in support of parking on Cleveland Street and indicated too much focus is being placed on the Maas site for revitalization of downtown. John Badeau questioned the location of the proposed handicapped ramp and it was indicated this issue would be discussed later as part of the agenda. PUBLIC HEARINGS Public Hearing - Second Reading Ordinances ITEM #8 - Ord. #5391-93 - CG Zoning for property located at 1505 S. Ft. Harrison Ave., part of Sec. 21-29-15, M&B 44.07, approx. 2.42 acres (Stout Investments Inc. Z93-05) The City Attorney presented Ordinance #5391-93 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5391-93 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey. "Nays": None. ITEM #9 - Ord. #5392-93 - Annexation for property located at 2365 Dora Dr., Rolling Heights Sub., Lot 10, approx. 0.48 acres (Barmore A93-07) The City Attorney presented Ordinance #5392-93 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5392-93 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey. "Nays": None. ITEM #10 - Ord. #5393-93 - Land Use Plan Amendment to Low Density Residential for property located at 2365 Dora Dr., Rolling Heights Sub., Lot 10, approx. 0.48 acres (Barmore LUP93-09) The City Attorney presented Ordinance #5393-93 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5393-93 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey. "Nays": None. ITEM #11 - Ord. #5394-93 - RS-6 Zoning for property located at 2365 Dora Dr., Rolling Heights Sub., Lot 10, approx. 0.48 acres (Barmore A93-07) The City Attorney presented Ordinance #5394-93 for second reading and read it by title only. Commissioner Thomas moved to pass and adopt Ordinance #5394-93 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey. "Nays": None. ITEM #12 - Ord. #5395-93 - Annexation for property located at 2371 Dora Dr., Rolling Heights Sub., Lot 11, approx. 0.48 acres (Bruynell A93-07) The City Attorney presented Ordinance #5395-93 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5395-93 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey. "Nays": None. ITEM #13 - Ord. #5396-93 - Land Use Plan Amendment to Low Density Residential for property located at 2371 Dora Dr., Rolling Heights Sub., Lot 11, approx. 0.48 acres (Bruynell LUP93-09) The City Attorney presented Ordinance #5396-93 for second reading and read it by title only. Commissioner Thomas moved to pass and adopt Ordinance #5396-93 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey. "Nays": None. ITEM #14 - Ord. #5397-93 - RS-6 Zoning for property located at 2371 Dora Dr., Rolling Heights Sub., Lot 11, approx. 0.48 acres (Bruynell A93-07) The City Attorney presented Ordinance #5397-93 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5397-93 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey. "Nays": None. ITEM #15 - Ord. #5399-93 - amending Sec. 42.24; to allow elevated air conditioning equipment, pool equipment and like mechanical equipment and associated decking and structural components to be located in setback areas when required to be elevated for flood protection purposes; prohibiting such equipment and components within the clear space required for waterfront properties (LDCA 93-07) Commissioner Deegan moved to amend Ordinance #5399-93 in the last sentence of Subsection (12), insert "by Section 41.131(6)" after "required," insert a period after "single-family dwellings," and delete the remainder of the sentence. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5399-93 as amended for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5399-93 as amended on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey. "Nays": None. ITEM #16 - Ord. #5402-93 - Mid-year operating budget amendments The City Attorney presented Ordinance #5402-93 for second reading and read it by title only. Commissioner Thomas moved to pass and adopt Ordinance #5402-93 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey. "Nays": None. ITEM #17 - Ord. #5403-93 - Mid-year capital improvement program budget amendments The City Attorney presented Ordinance #5403-93 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5403-93 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey. "Nays": None. CITY MANAGER REPORTS CONSENT AGENDA (Items #18-33) - Approved as submitted less item #22. Agreements - Approved. ITEM #18 - Agreement with James C. Massie extending lobbyist services for the period 6/26/93-6/25/94, for $16,179 plus reasonable and necessary out-of-pocket expenses (CM) Bids & Contracts - Awarded less item #22. ITEM #19 - Contract for software support to Ross Systems, Inc., Redwood, CA, for the period 7/1/93-6/30/94, for $43,950 re: General Ledger, Accounts Payable, Encumbrance, Crossview, Purchasing, Inventory & Fixed Assets Systems (AS) ITEM #20 - Contract for support of the VAX hardware and associated operating system located in the Finance Division to Digital Equipment Corp, Tampa, FL, for the period 7/1/93-6/30/94, for $18,286 and authorize execution of multi-year service addendum effective 7/1/93 thru 6/30/96 to provide special pricing for hardware and software maintenance service (AS) ITEM #21 - Purchase of a Bacharach Combustion Analyzer with printer from Tempaco of Pinellas, Inc., Clearwater, FL, for $3,198 (GAS) ITEM #22 - See page 7 ITEM #23 - Purchase a Split Case Pump for the Water Division from The Bernd Group, Inc., Dunedin, FL, for $12,912 (PW) ITEM #24 - Purchase 10 dissolved oxygen meters for the WPC Division from Hile Controls of Florida, Longwood, FL, for $17,550 (PW) ITEM #25 - Purchase offer from James E. Seymour, Sr. for city surplus property located at 1002 N. Garden Ave., Joseph J. Eldridge Sub., Blk C, Lot 31, for $17,005, with an est. city closing cost of $480 (PW) Citizens & Staff Requests - Approved. ITEM #26 - Declaration of surplus personal property and disposal authorization thru Tampa Machinery Auction, Tampa, FL, in accordance with Sec. 2.622, Surplus Sales over $5,000 (AS) Change Orders - Approved. ITEM #27 - C.O.#2 to the 1992 Sidewalk Contract to MTM Contractors, Inc., Pinellas Park, FL, increasing the amount by $9,069.13 for a new contract total of $206,942.83 and approval of an extension of 100 days to the contract time (PW) Plans & Plats ITEM #28 - Preliminary Site Plan and Plat for Prestige Professional Park - Phase II located 500' E of US19N, on the S side of McCormick Drive (Kendo Development)(PLD) - Authorize the DRC to approve a final plat and a final site plan subject to: 1) the requisite building permits must be procured within one year from the date of certification of the final site plan and all requisite certificates of occupancy must be obtained within three years of the time of certification of the final site plan; and 2) signs, fencing/walls are subject to separate review and permitting processes. Receipt & Referral - Received and Referred. ITEM #29 - Annexation, Land Use Plan Amendment to Industrial and IL Zoning for property located in Sec. 1-29-15, M&B 34.311, 0.32 acre m.o.l. (Instrument Transformers, Inc. A93-16, LUP93-22)(Consent R&R) ITEM #30 - Annexation, Land Use Plan Amendment to Low Density Residential and RS-8 Zoning for property located at 2720 S.R.590, Virginia Grove Terrace, Third Add, Blk 6, Lot 1, 0.25 acre m.o.l. (Higiueros A93-15, LUP93-21)(PLD) ITEM #31 - Preliminary Site Plan and Plat and application to amend the City Zoning Atlas for the Moorings of Sand Key (a/k/a the Estates at Sand Key) located E of Gulf Blvd., S of Marina Del Rey and E of Isle of Sand Key (Marden Enterprises)(PLD) Agreements, Deeds & Easements ITEM #32 - Water main easement (Sylvan Abbey Memorial Park, Inc.) ITEM #33 - Request approval to bid at foreclosure, up to $35,000 on property at 1008 Hollywood Avenue re: Associates Financial Services of America, Inc. v. Jane Lanie, et al. Commissioner Berfield 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 hauling approx. 135 loads of recycling glass in 30 yard open top containers from the Clearwater Solid Waste complex to a buyer in Lakeland, FL, to Solar Sanitation, Clearwater, FL, for the period 7/1/93-6/30/94, for an estimated total of $20,500 (PW) The Solid Waste Division has been testing and improving methods for profitably marketing collected recyclables. It was determined that by dealing directly with the end user of glass, Owens Brockway, the revenues received by the City could be increased. The middleman was eliminated in January 1993. The middleman price for collected glass was $15.00 per ton for all three colors collected. By dealing directly with Owens Brockway and contracting the hauling, the Solid Waste Division has been able to improve prices to $50.00 per ton for clear glass, $25.00 per ton for brown glass and $15.00 per ton for green glass. With the majority of glass collected being clear and brown and with average loads of 11 tons, the Solid Waste Division has been able to cover hauling charges, improve accountability for weights, improve delivery time and increase net revenues for glass. Because of the success of the program the Solid Waste Division recommends the awarding of an annual hauling contract. This contract is cancelable by the City upon 30 days written notice. Solar Sanitation was the lowest bidder. They have been providing this service during a test program and their service has been good. Commissioner Thomas pointed out at the Monday's work session a request had been made the contract be amended to include a 10-ton minimum load. Commissioner Thomas moved to amend the contract to include a minimum load of 10 tons. The motion was duly seconded and carried unanimously. Commissioner Thomas moved to award the contract as amended. The motion was duly seconded and carried unanimously. OTHER ITEMS ON CITY MANAGER REPORT ITEM #34 - Staff Report on PPC's action on the City's Consistency Program submittals; authorization to accept PPC's alternative recommendations and to withdraw the cases recommended for denial and direction to proceed with staff recommendation re: PPC's denial of 41 proposed Future Land Use Classification changes; and Res. 93-40 - authorizing City Manager to execute & transmit official response to PPC's alternate recommendations and to withdraw cases which were recommended for denial by the PPC (PLD) On May 19, 1993 the PPC approved 231 proposed amendments to the countywide future land use plan, made an alternative recommendation on 11 proposed amendments, and denied 41 proposed amendments. Given the fact that it requires an extraordinary majority of four out of five votes of the County Commission to override the PPC recommendation, it is not likely for an appeal of the PPC's decision to succeed. As with the Siple's case (Morton Plant), the City has 45 days to respond to the PPC's action for alternative recommendations or denials. Consequently, staff recommends the following: Accept the alternative recommendations for several proposed land use plan amendments, primarily involving a Commercial Limited designation for a number of properties on US19, rather than the Commercial General classification proposed by the City. Although some potential density problems will be created for hotel and residential uses within the City's Highway Commercial Zoning district along US19, the Commercial Limited designation is certainly preferable to the current Residential/Office/Retail plan designation which does not allow such existing land uses on the US19 corridor as commercial recreation (e.g. Celebration Station). The City could accomplish the density limitations for the affected sub-areas of the Highway Commercial Zoning district through a text amendment to the Land Development Code. Withdraw the cases recommended for denial. These proposed amendments primarily deal with single family subdivisions which were zoned at a higher density than actually constructed, but there is one mobile home park (Kapok Tree Mobile Home Park) which will have to be placed in a different land use plan classification than any of the City's other mobile home parks. The City can resolve this mobile home park issue by making a text amendment to the Mobile Home Park zoning district which would restrict the density allowed in mobile home parks of a particular land use plan classification to the maximum allowed in the applicable land use category. The more significant issue involves 40 subdivisions within the City. Staff would recommend placing these subdivisions into to-be-developed "standard" Residential Planned Development (RPD) zoning districts. These new RPD zones would be utilized for platted subdivisions only, and would be useful in the City's annexation program as they would allow annexations without amendments to the countywide land use plan. This approach would resolve neighborhood and PPC staff concerns of possible higher density replatting of lots listed under a higher zoning and/or land use plan classification. The "standard" RPD approach would work as follows. First, specific RPD classifications would be set up in the Land Development Code, with their purpose clearly defined. As mentioned above, they would only be used to classify all or portions of existing platted, single family residential subdivisions. (The regular RPD process would be followed for unplatted property being developed.) The standard RPD districts would be: RPD-A: Maximum density 1.0 unit per acre; lot sizes as platted on date of application; setbacks as per the RS-2 zoning district. RPD-B: Maximum density 2.5 unit per acre; lot sizes as platted on date of application; setbacks as per the RS-4 zoning district. RPD-C: Maximum density 2.5 unit per acre; lot sizes as platted on date of application; setbacks as per the RS-6 zoning district. RPD-D: Maximum density 5.0 unit per acre; lot sizes as platted on date of application; setbacks as per the RS-6 zoning district. RPD-E: Maximum density 5.0 unit per acre; lot sizes as platted on date of application; setbacks as per the RS-8 zoning district. Since the approach is proposed only for existing platted subdivisions and lots, the submittal requirements for these standard RPD's should be relaxed to reflect the reduced level of detail needed to evaluate the zoning and land use classification. This approach would require amendments to the LDC text and the zoning atlas. There are alternatives to the RPD approach proposed above, but they have significant problems in terms of creating nonconformities regarding setbacks. For example, the City would "downzone" a number of these subdivisions to a lower zoning classification. However, this would result in different setback requirements for affected lots. As a result, new additions or new construction would have to meet a different standard of setbacks than previous development, affecting the appearance of the neighborhood. That is, if the setbacks were changed to require a 30 foot front yard setback, when 25 feet was the standard when the neighborhood was developed, new additions to the fronts of existing structures or new development on a vacant lot would require variances if the standard neighborhood front setback was to be observed. Alternately, the City could follow the suggestion by the PPC Executive Director and revise all city zoning districts to precisely match up with the countywide plan densities, but this would not resolve the setback problems nor would it be in keeping with the Commission's initial and continuing direction that the implementation of the Consistency Program minimize the creation of zoning nonconformities. Another alternative would be to create special exemptions for setbacks in previously platted subdivisions with different zoning classifications. For example, an RS-4 subdivision might allow RS-6 setback requirements if the subdivision was originally developed at RS-6 standards. The problem with this approach is the difficulty of administration; it would require relatively complicated record keeping. Regardless of which approach is taken, staff recommends all affected property owners be notified. Essentially any of the alternatives will result in an effective rezoning of the subject properties. Planning and Development Director James Polatty explained the PPC Consistency Program stating the purpose of the program is to bring the countywide and citywide plans into agreement. He said the recommended rezoning for the subject properties reflects the zonings and land use designations that were originally approved for these properties. This rezoning will minimize nonconformities and insure that no new lots are created. The Mayor pointed out the intent is to maintain the integrity of the neighborhood. She indicated if the PPC disagrees, the City has the option to go to the County Planning Agency. Commissioner Berfield moved to authorize staff to accept the PPC's alternative recommendations and to withdraw the cases recommended for denial; and provide direction to staff to proceed with its recommendation concerning Pinellas Planning Council's denial of 41 proposed future land use classification changes. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #93-40 and read it by title only. Commissioner Thomas moved to pass and adopt Resolution #93-40 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey. "Nays": None. ITEM #35 - Continuation of the Downtown to Beach Trolley Service (CM) On March 18, 1993 the Commission approved the three month (April-June) continuation of the beach to downtown trolley service and directed staff to propose alternative funding sources. The Commission has expressed the intention to continue the service for an additional three months (July-September) to allow time for the formation of a private non-profit corporation to oversee the trolley services. The Commission has requested the Community Redevelopment Agency (CRA) provide the estimated $32,100 funding for this period. It is recommended a budget amendment be approved and funding be provided from the current year revenues of the CRA. Financial statements as of April 30, 1993 indicate approximately $310,000 is available in the fund for appropriation to specific projects. Commissioner Thomas said he would like to see the stop at Publix shopping center on Island Estates as part of the route again. Mayor Garvey said she would first like to see what direction the PSTA will go with the requested trolley service continuance. She felt the intent of the service was to get people downtown not to Publix. She indicated the PSTA was losing money as beach residents are using this free service. She felt the purpose of this service was to promote tourism. Commissioner Fitzgerald said he had received word the PSTA would object to the route change to include a stop at Publix until a permanent solution has been reached. Commissioner Thomas said the route would be modified in the future anyway. Commissioner Thomas moved to approve a three month continuation of the beach to downtown trolley service and to request a route change to include a stop at Publix shopping center on Island Estates with funding of $32,100 to be provided from the Community Redevelopment fund. The motion was duly seconded. Commissioner Deegan said many tourists, in addition to the residents, are taking advantage of the route. He said he has received some complaints regarding vagrants who stay on the trolley for an extended period of time. He felt the advantages outweigh the disadvantages. Mayor Garvey said she has received reports from the PSTA the majority of riders are not tourists. She expressed concern the addition of a stop at Publix may bring additional costs. The City Manager stated a PSTA complaint has been lost ridership on Route 80. Upon the vote being taken, Commissioners Berfield, Deegan and Thomas voted "aye;" Commissioner Fitzgerald and Mayor Garvey voted "nay." Motion carried. ITEM #36 - First Reading Ord. #5410-93 - providing for a local housing assistance partnership program, its required advisory committee and a trust fund (Clwr State Housing Initiatives Partnership (SHIP) Program)(PLD) The State Housing Initiative Partnership (SHIP) Program transfers documentary stamp revenues to the Florida Housing Finance Agency and local governments for use in implementing local housing partnership programs for the provision of affordable housing. In order for the City of Clearwater to participate in this program, it must adopt an ordinance that creates an Affordable Housing Trust Fund, establish a local Housing Incentive Program, designate responsibility for implementation of that program, and create an affordable housing advisory committee. The plan must also be approved by a review committee of the Florida Housing Finance Agency (HFA) and the Department of Community Affairs (DCA). SHIP funds can be used to implement a Local Housing Assistance Program, supplement Florida HFA programs (with the SHIP monies directed to uses within the city), provide local match to obtain federal housing grants or programs (e.g., HOME), and to fund emergency repairs by existing service providers under a weatherization program. SHIP funds may not be used as a pledge of the debt service on bonds or as rent subsidies. Both homeownership and rental housing may be included in the program, but at least 65% of the funds given to the city must be used for homeownership. Some of the other guidelines for use of SHIP funds by a local government include: 1) 75% of its funds are used for construction, rehabilitation or emergency repairs; 2) homes sold have a sales price less than 90% of the area average; 3) loan terms to not exceed 30 years; 4) rental housing sets aside the units for income-eligible tenants for at least 15 years; 5) the total amount of monthly mortgage payments or the amount of monthly rent charged is affordable to the income groups served by the program; 6) rental units are monitored annually for income and affordability compliance; 7) maximum unit costs and maximum SHIP assistance available per unit are established for ownership and rental housing by local government resolution; 8) ownership units are subject to subsidy recapture provisions identical to Mortgage Revenue Bonds; and 9) if a rental unit receives assistance from both SHIP and the Low-Income Rental Housing Tax Credit (LIHTC) programs, the income, affordability and other LIHTC requirements take precedence over SHIP requirements. Carole Greiner gave an overview of the SHIP Program indicating the revenue source for SHIP funds is a percentage of the documentary stamp fee charged on deeds. She said the SHIP Program will create a dedicated source of state revenue for housing; create public and private partnerships in sharing of resources; increase the cost savings through public/private cooperation; increase interlocal cooperation; provide a local match for federal housing programs; and improve new and existing housing for very low, low and moderate income persons. Commissioner Deegan moved to amend Ordinance 5410-93 on page 7 by revising the 4 bedroom new house maximum amount to $91,850 and deleting $100,000 in the table shown as part of Section VIII. Price of housing. The motion was duly seconded and carried unanimously. Commissioner Deegan said at the worksession on Monday, he had recommended rather than assigning the SHIP Program to the Community Development Division of the Planning & Development Department, that other agencies in the City be considered, specifically, the Clearwater Housing Authority (CHA). He said he has since talked to the Executive Director of the CHA and have been advised there is a precedent for having SHIP monies and the entire SHIP Program administered by a housing authority. He expressed concern the ordinance may be written in such a way it limits the use of SHIP funds to be the match for the HOME funds. He said he would object to the ordinance if it were written in such a way. He asked if anyone was in agreement that the administration and implementation of the SHIP Program be assigned to the CHA. He said according to the Executive Director, the CHA wishes to be involved in this program and is willing to take on this administration. Mayor Garvey suggested the ordinance reflect the responsibility with "either" the Community Development Division of the Planning & Development Department "or" with the Clearwater Housing Authority. Commissioner Deegan indicated what is being proposed is leaving it with the Planning & Development Department and subcontracting to another agency. The City Manager asked what the CHA would do with the money and Commissioner Deegan responded they would be the implementers and administrators and if match funds for the HOME program can not be found, then some could be used for that purpose. He felt there would be approximately $200,000 in the first two years of the program. He said the CHA Executive Director told him the $200,000 could be leveraged through other programs to benefit additional people in the City. He said he had hoped the SHIP Program would benefit others in addition to those being helped by the HOME Program. In response to questions, Commissioner Deegan responded, the proposal, as he understood it, would use most of the money, at least initially, as matching funds for the HOME program. He said he wanted to go beyond this by finding other sources of matching funds for the HOME program and use this money and leverage it through banks and other kinds of loans to help additional people. Mayor Garvey said she wanted maximum flexibility to try to help as many people as possible. Commissioner Deegan said he would rather the CHA be empowered to administer and implement the SHIP Program than the Planning & Development Department and felt there would be flexibility in the sense of match funds or other programs. The City Attorney suggested not amending the ordinance delegating authority to them. He said the CHA is an independent agency and certain things are done by agreement. Commissioner Deegan expressed concern not amending the ordinance would allow implementation of the program by the Planning & Development Department. The City Attorney said the ordinance describes the use of the funds received from the state where no more than 10% of the funds will be allocated annually to the administrative cost and the remainder will be allocated to meet various purposes listed in the ordinance and these funds are not limited to matching. Commissioner Deegan asked who should be responsible for administering and implementing the program and the City Attorney responded the City Manager who in turn could delegate it to the Planning & Development Department. Commissioner Deegan said he preferred it be delegated to the CHA. The City Attorney said the CHA may refuse and Commissioner Deegan said he had spoken with them and they are interested. The City Attorney questioned whether the City wanted to designate someone else to carry out their program. Carole Greiner, indicated the City has the ultimate responsibility to monitor the funds since they come directly to the City; however, could go through the City to another agency. In response to a question, Ms. Greiner said she did not know whether the funds could flow directly to the CHA and bypass the City. Mayor Garvey felt the agency receiving the funds should take responsibility for them. Commissioner Deegan said he is trying to avoid overburdening the Community Development Division of the Planning & Development Department as there have been difficulties in the past of that department administering their current housing programs and he did not want an additional program delegated to them. The City Manager questioned whether the City should withdraw their application to the state or let the CHA apply directly. Commissioner Deegan felt state law dictated that counties and municipalities receive the funds. The City Attorney responded this is true and the City needs to assume responsibility; however, can contract with another agency and felt this is what is being brought to the Commission tonight. Commissioner Thomas suggested the ordinance be implemented and a resolution be adopted directing the Planning & Development Department to request the CHA implement the program. The City Attorney said this could be handled by a motion rather than a resolution. Mayor Garvey expressed concern the Executive Director of the CHA was not in attendance and action would need to be taken by her board before this program could be assigned. She felt language in the motion to amend the ordinance provides an avenue for other organizations, including the CHA, to implement or be part of the program. She felt the City Manager should decide how to implement the program and bring it back to the Commission. Commissioner Deegan said if the City has to assign itself the responsibility of administering the program, he suggested directing the City Manager to delegate the implementation and administration to CHA. He said if they refuse, we would have to find someone else. The City Manager said he did not disagree but wondered if the Commission might want to know first how the money would be spent. He said the Commission goes through a great deal of explanation when CDBG money is awarded and he felt there might be some other equally competitive organization, that could administer this money. Commissioner Deegan said his intent is to get the CHA to implement the local housing assistance plan which spells out what the SHIP budget is to be used for. The City Manager felt this would be a duplication of a department that was already in place and suggested combining the money and contracting it out so as not to have two competing programs doing the same thing. In response to a question, he indicated he was referring to combining the Challenge 2000 program money. Commissioner Deegan said the Challenge 2000 program should stay as it is and the SHIP Program should be dealt with as a new venture. The City Manager said he was only pointing out these were similar programs serving similar people being run by two different agencies. Commissioner Deegan said the SHIP Program is to have its own advisory board and can be a self-sustained program. Commissioner Berfield said it is her understanding there is a time frame on this program and suggested directing the City Manager to be responsible for assigning its administration and implementation. She felt any questions regarding this program could be addressed before second reading of the ordinance. Commissioner Thomas moved to amend page 5, Section V. Designation of Responsibility for Administration and Implementation of the Local Housing Assistance Program, A., to replace the "Community Development Division of the Planning & Development Department" with the "City Manager." The motion was duly seconded and carried unanimously. Discussion ensued in regard to the Planning & Development Department being referenced in the plan and a question was raised if an amendment to the plan is required to change the designation to the City Manager. Commissioner Berfield moved to amend the plan by replacing "Community Development Division of the Planning & Development Department" with "City Manager" wherever it appeared in the plan. The motion was duly seconded and carried unanimously. Discussion ensued as to whether the proposed amendments to page 10, Section XII C. Partnerships, were still necessary and Ms. Greiner felt reference to the Clearwater Housing Authority or other private nonprofits should be made as the state has many requirements on this program and plan. Commissioner Thomas questioned whether the addition of the language on page 10, section XII C. would prevent the City from granting the total issue to the CHA at a later date. The City Attorney responded it might help because this added language would give more flexibility in dealing with agencies such as the CHA. Commissioner Deegan moved to amend the Local Housing Assistance Plan on page 10, section XII C. Partnerships, insert the following language: "In addition," before "the Community Service Foundation" and insert the following sentence at the end of same paragraph "CSF can be authorized to implement both the home ownership and home rehabilitation programs, in a fashion similar to the role described for both CNHS and the City in Sections I, IV, and VI above." Add the following paragraphs: "Further, the Clearwater Housing Authority is a local governmental agency that can implement either the "gap" financing or home rehabilitation programs in a fashion similar to the role described for both CNHS and the City in Section I, IV, and VI above." and "Other private nonprofits will be contacted and may be designated by the City Commission to also implement these programs in a similar role as described for both CNHS and the City in Sections, I, IV, and VI above. These private nonprofits could include such agencies as Pinellas County Habitat for Humanity, Boley, Inc., Religious Community Services (RSC), and the Homeless Emergency Project." The motion was duly seconded and carried unanimously. Commissioner Deegan moved to amend Ordinance 5410-93 on page 7, Section VI, in paragraph D insert the phrase "six month terms initially" and delete the phrase "two year terms" and then insert the phrase "and may be appointed for subsequent terms for a time period to be designated by the City Commission" at the end of the sentence. The motion was duly seconded. Mayor Garvey said concern had been expressed at Monday's work session that the Commission did not have an opportunity to review the list of individuals recommended by staff and felt interim appointments were appropriate at this time. Upon the vote being taken, the motion carried unanimously. The City Attorney presented Ordinance #5410-93 for first reading as amended and read it by title only. Commissioner Thomas moved to pass Ordinance #5410-93 on first reading as amended. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey. "Nays": None. ITEM #37 - Res. #93-37 - establishing membership of the Clearwater Affordable Housing Advisory Committee, defining term "affordable housing" and providing for expected average and maximum costs per housing unit assisted with State Housing Initiatives Partnership (SHIP) funds (PLD) The appointment of an Affordable Housing Advisory Committee (AHAC) is a requirement of the State Housing Initiatives Partnership Act (SHIP) to receive entitlement funding which is funded from the increase in the documentary surtax passed during the 1992 legislative session. The SHIP regulations also require that six of the members have expertise in a particular field. The resolution sets forth the definition of affordable housing which supports Objective 13.2 of the Comprehensive Plan, "Objective for Affordable Housing". The advisory committee will consider the affordable housing definition among other policies, procedures and plan provisions in making its recommendations to the Commission for affordable housing incentives. The City Attorney presented Resolution #93-37 and read it by title only. Commissioner Berfield moved to amend Resolution 93-37 on page 1, insert the phrase "Provider of affordable housing" and delete the phrase "Provider for low income persons" in the table shown on that page. On page 2, insert the number "120%" and delete the number "100%" in the definition of affordable housing as shown in line 3 of the first paragraph on that page. The motion was duly seconded and carried unanimously. Commissioner Deegan made the following nominations: Peter Wright to the residential building industry category; Mary Myhill to the banking/mortgage industry category; William Turner to the labor engaged in home building category; Joe McFate to the advocate for low income persons category; Isay Gulley to the provider for low income persons category; and Bertha Kelly to the real estate profession category. Ms. Greiner pointed out that Mary Myhill has contacted staff indicating she does not live in the City of Clearwater and her name will need to be removed from the list. Commissioner Deegan nominated Pearl Johnson in her place and Judy Mitchell, Cynthia Weller and Annette Patterson to the at-large category. In case one or more of the at-large candidates are unable to serve, he submitted the names of Tom Brooks, Darrell Collins and Milly Joplin as alternates in the order of preference. Commissioner Deegan moved to pass and adopt Resolution #93-37 as amended and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey. "Nays": None. The City Manager requested direction from the Commission regarding their desires in contacting the CHA. Commissioner Deegan requested the City Manager immediately ask the CHA if they would be interested in accepting the delegation to implement and administer the program; and to ask them immediately, even as the application is being prepared to go forward, so that if their board approves, they would be party to all of the work being done even submitting the application. The City Manager asked who he should approach from the CHA and Commissioner Deegan indicated he had already spoken to Ms. Vincent. The Mayor thought Ms. Vincent would be familiar with the SHIP Program. Commissioner Thomas moved that the Clearwater Housing Authority be the first group that is contacted through the City Manager to administer and implement the SHIP Program. The motion was duly seconded. Commissioner Berfield questioned if the CHA is requested to implement and administer the program, would it be appropriate to ask them to work under the City's direction. The City Attorney said an agreement could be negotiated. Commissioner Thomas said he wanted the City Manager to have full control over the program. The City Manager asked that the Commission be specific in their motion so that there is no misunderstanding of the Commission's intent. Commissioner Thomas withdrew his motion and the seconder withdrew his second. Commissioner Deegan moved that the City Manager ask the Clearwater Housing Authority if they would be agreeable to being responsible for implementing and administering the City of Clearwater's SHIP Program by specifically following the Local Housing Assistance Plan as contained in agenda item #36 which was approved by the Commission this evening. The motion was duly seconded and carried unanimously. ITEM #38 - First Reading Ord. #5400-93 - Relating to cemetery; Amending Sec. 11.03, to amend provision re: payment of staking fee (CLK) The above request is being made to provide better customer service. In evaluating procedures, it was felt that eliminating the requirement to pay the staking fee prior to the issuance of the burial permit and authorization to stake the grave site would be more convenient for funeral directors. Under the ordinance as it now exists, a funeral director must pay for the staking fee prior to City Clerk Department employees notifying the Parks and Recreation Department of a need to stake a site. This often means someone from the funeral home must hand deliver the fee to the Clerk Department as they cannot rely on the mail to deliver it in time. A billing process will be instituted. We do not anticipate any problem with collection as we deal only with funeral directors. Should a problem arise the procedures will allow the City Clerk to require payment prior to issuance of burial permits to funeral homes with delinquent accounts. Commissioner Berfield moved to approve an amendment to Section 11.03 of the code to amend the Rules for Interment to provide for issuance of the burial permit and authorization to stake the grave site prior to receiving payment of the staking fee. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5400-93 for first reading and read it by title only. Commissioner Deegan moved to pass Ordinance #5400-93 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey. "Nays": None. ITEM #39 - Ramp at City Hall (CM) The Commission directed staff to install a new ramp at the south entrance of City Hall to improve access for disabled persons in compliance with the Americans with Disabilities Act (ADA). After examining several ramp and chair lift options, it is recommended the Commission approve the construction of a ramp on the south side of the City Hall building. The ramp, which will be designed and installed by City staff, is estimated to cost $8,700 including aluminum handrails. Sufficient funding for this construction was approved in the overall City Hall accessibility project approved by the Commission on May 6, 1993. Installation will take approximately four weeks from the start date. John Badeau expressed safety concern regarding cars coming into the parking lot and requested a speed bump be installed. The City Manager said he did not favor a speed bump due to liability concerns. In response to a question, it was indicated access will be at the front of the building. There was discussion regarding lighting concerns and Public Works Director Bill Baker suggested reflective stripping. Commissioner Berfield moved to rescind previous action regarding the investigation of a handicap lift and approve the construction of a handicap access ramp on the south side of City Hall at an estimated cost of $8,700. The motion was duly seconded and carried unanimously. The meeting recessed from 8:35 p.m. to 8:46 p.m. ITEM #40 - Other Pending Matters - None. CITY ATTORNEY REPORTS Resolutions ITEM #41 - Res. #93-35 - Demolition lien (Boswell - 905 Vine Ave.) The City Attorney presented Resolution #93-35 and read it by title only. Commissioner Berfield moved to pass and adopt Resolution #93-35 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey. "Nays": None. ITEM #42 - Res. #93-41 - Designating the Hibiscus as the City Flower and the Live Oak as the City Tree The City Attorney presented Resolution #93-41 and read it by title only. Commissioner Thomas moved to pass and adopt Resolution #93-41 and authorize the appropriate officials to execute same. The motion was duly seconded. Mayor Garvey spoke in opposition to the hibiscus as the City flower indicating direction to staff has been that plantings be drought and freeze tolerant, native to Florida and low maintenance. She said the hibiscus did not meet these criteria. Commissioner Thomas pointed out the recommendation for the hibiscus came from the Beautification Committee. Barbara Brooks, representing the Beautification Committee, said various species had been investigated and it was felt use of the hibiscus, which blooms many times through the year, would allow all residents to become personally involved by using this flower as a theme throughout the City. She said the City Forester had recommended using the live oak as the City Tree as it is native, drought, decay and disease tolerant and provides a massive canopy. Commissioner Thomas extended his appreciation to the Beautification Committee for all their hard work. Mayor Garvey said she appreciated all the time spent by the committee; however, felt the hibiscus did not meet the criteria established. Upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan and Thomas. "Nays": Garvey. Motion carried. ITEM #43 - Other City Attorney Items - None. ITEM #44 - City Manager Verbal Reports The City Manager reported regular Community Redevelopment Agency meetings will be held on the Monday of the City Commission business meeting immediately following the Pension Trustee meeting which begins at 9:00 a.m. The business meeting will replace work sessions. A. Scheduling Sign Variance Meeting No meetings were scheduled at this time. B. Scheduling Budget Meeting (Millage to be set by 7/14) A budget meeting was scheduled for July 8, 1993, at 9:00 a.m., location to be determined. The millage rate is to be set on July 13, 1993, at the conclusion of the Dunedin Pass presentation which begins at 8:30 a.m., location to be determined. Commissioner Thomas complimented the City Manager for beginning the budget process by considering no increase in the millage rate. C. Schedule Special Meeting to Discuss Lawsuits (after 6/30/93) The City Manager reported state law now allows for an exemption from the Sunshine Law for attorney-client discussions between an attorney and his or her governmental agency. He said there were a few cases to be discussed. A meeting was scheduled for July 2, 1993 at 9:00 a.m., location to be determined. ITEM #45 - Other Commission Action Commissioner Berfield questioned who would follow up on the renaming of Plaza Park. The City Manager said follow up meetings are held after Commission meetings and this issue would be directed to the Parks & Recreation Department. She requested thought be given to placing "Citizens to be Heard" after the public hearings on the agenda. The City Clerk pointed out review of the Commission's rules has been agendaed for June 28, 1993. Commissioner Berfield invited the public to attend a presentation on ideas for the downtown tomorrow at the Main Library. She referred to a memo from the City Attorney regarding Advisory Board residency requirements and it was indicated this is agendaed for July 1, 1993. She asked the status of the RFPs for Dunedin Pass. City Manager said the backgrounds of the firms responding will be sent to the Commission tomorrow; however, a list has not been finalized. Commissioner Deegan requested a status report regarding code enforcement on vending machines and newspaper racks. The City Attorney responded he is working on an ordinance. Commissioner Deegan expressed concern regarding the number of police motor vehicle accidents and questioned what is being done. The City Manager said this is being addressed by the Accident Review Board and defensive driving training. The frequency of accidents will be tracked. He questioned whether Vision Cable will be able to telecast or tape the new routine of Monday Commission business meetings. Vision will be asked. Mayor Garvey said letters have been received regarding Allen's Creek and it was indicated there is a need to respond this is a County project and what the City is doing. She mentioned Ross Norton Park and the City Manager said staff is recommending closing and a memo will be forthcoming explaining why. Commissioner Fitzgerald commented on a letter from Cypress Bend regarding roadwork. It was indicated a response is being prepared. Commissioner Thomas submitted a draft of a letter regarding the FEMA legislation and requested the Commission consider sending it to the Florida League of Cities, National League of Cities and the Neighborhood Advisory Committee. He stated his concern is that this is becoming an erosion insurance program. Only 3% of the erosion area is included in the legislation because it only includes coastal areas and not riverene areas. He indicated he has hired a lobbyist on behalf of the Clearwater Beach Association to fight the legislation. He indicated Florida pays $1.9 billion of the $5.7 billion premium and only has $156 million of the $3.7 billion in claims. The other Commission members are to review the letter and decide if they wish to send it by June 28, 1993. Commissioner Thomas brought up the package regarding an RFP for analysis of the City Hall annex. He questioned possible interest in the purchase of the Annex site and the City Manager said there was none. Commissioner Thomas said the RFP for renovating the City Hall Annex building as written went beyond the Commission's direction and did not feel it would save the City money. The City Manager said direction regarding the Annex was to meet code and indicated the RFP could be changed. Commissioner Deegan indicated the atrium included in the RFP added a new dimension and was beyond bringing the building to code. Commissioner Thomas said his intent was to remodel and make the building sound, meeting ADA requirements and not changing the structure of the building at an estimated cost of $1.8 million and felt meeting wind load requirements of 103 m.p.h. would add additional costs. He stated he was only interested in refurbishing the Annex if it saved the City money. He said he would like to get two separate prices; with and without a structure change. Public Works Director Bill Baker said the atrium could be made smaller and he thought direction had been given for a 103 m.p.h. wind load. Commissioner Thomas said he did not see a need to meet the 103 m.p.h. wind requirement; however, the other Commissioners wanted this standard met. Commissioner Thomas stated it was time for the Commission to take a strong stand on what they wanted to accomplish and asked each member how much they would consider spending for a City Hall and where it should be located. There was discussion regarding a new building on the Annex parking lot site costing approximately $4 million. Commissioner Deegan said if rehabing the Annex is not feasible, he preferred the current City Hall site for a new City Hall. He felt a new City Hall could be built for approximately $7 million. Commissioner Berfield said she has not changed her mind about the current City Hall site. She felt the previous cost figures were out of proportion. She felt the current City Hall could be expanded for $7-8 million. Commissioner Fitzgerald said he was committed to the Sun Bank Building for a consolidated City Hall indicating it was purchased for a reasonable fee. He did not feel a consolidated City Hall could be built for $4 million on the City Hall Annex site. He said he was not in favor of the current City Hall site. In response to a question from Commissioner Thomas, he indicated he preferred the Annex property over the current City Hall site. He felt a new City Hall could be built there for at least a figure comparable to the Sun Bank purchase price. Mayor Garvey said if we are truly going to accomplish our mission of a consolidated City Hall at a reasonable cost, it would have to be built on the Annex property and felt this could be accomplished for $5-7 million. Commissioner Thomas withdrew his desire to rehab the Annex. Commissioner Thomas moved to rescind his motion to rehab the City Hall Annex and withdrew the RFP regarding renovation of the City Hall Annex. The motion was duly seconded and carried unanimously. Commissioner Thomas moved to authorize the City Manager to contact Rowe Rados to investigate constructing a consolidated City Hall of approximately 80,000 square feet incorporating the existing City Hall for a cost not to exceed $7 million including parking and impact fees, excluding furniture, landscaping and renovation of existing City Hall, with the information back in two weeks if possible, and to meet all codes. The motion was duly seconded. Commissioner Deegan said he always considered the possibility of shared parking with the Church and also mentioned the possibility of using property on Pierce Street for parking. The City Manager pointed out there is a 60 foot height cap on the current City Hall site and to build on the west side of the building below the bluff would require a referendum. The City Clerk restated the motion. The City Manager pointed out impact fees are required to be paid to build on this site. Commissioner Berfield questioned if there was any preference on the location of the entrance and it was indicated there should be no constraints. Upon the vote being taken, the motion carried unanimously. Commissioner Thomas requested the list of attorneys for the City Attorney audit be sent out in advance. The Mayor said if possible she would provide a list of the attorneys and their credentials and proposals a week prior to June 28, 1993. Commissioner Thomas said the RFP for the Maas site should be split using an update of a '90 report and doing the entertainment center separately. A decision is to be made by June 28, 1993. He complimented staff responsible for redoing the street sign program and staff responsible for the report on bond financing. ITEM #46 - Adjournment The meeting adjourned at 11:04 p.m.