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05/18/1995 CITY COMMISSION MEETING May 18, 1995 The City Commission of the City of Clearwater met in regular session at City Hall, Thursday, May 18, 1995 at 6:01 p.m., with the following members present: Rita Garvey Mayor/Commissioner Sue A. Berfield Vice-Mayor/Commissioner Fred A. Thomas Commissioner J. B. Johnson Commissioner Commissioner Michael R. Dallmann resigned effective May 15, 1995. Also present: Elizabeth M. Deptula City Manager Kathy S. Rice Deputy City Manager William C. Baker Assistant City Manager Pamela K. Akin City Attorney Scott Shuford Central Permitting Director Mary K. Diana Assistant City Clerk Patricia Sullivan Board Reporter The Mayor called the meeting to order. The invocation was offered by Pastor David Smith of Faith United Church of Christ. The Mayor 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: Safe Boating Week - May 20 - 26, 1995. ITEM #5 - Presentations a) Development Code Adjustment Board - Annual Report Alex Plisko, DCAB (Development Code Adjustment Board) Chair, reported DCAB convened for 20 meetings and acted on 118 variance requests in 1994. Additionally, the Board reviewed and offered comments and recommendations on 23 ordinances amending the Land Development Code. The five DCAB members are dedicated to providing a quality service to the City and its citizens. Before each meeting, board members thoroughly review variance applications and staff reports and routinely visit all subject properties, traveling approximately 500 miles yearly. The Board strives to fairly and judiciously apply the standards for approval to each variance request. Of 118 variance requests, 83 were approved and 35 were denied. The three cases appealed to Hearing Officers were dismissed or upheld. Board members have two recommendations for the City Commission: 1) Board appeals should continue to be heard by State-appointed Hearing Officers, and 2) Board membership should be maintained at five members. The DCAB members appreciate the support and confidence given by the City Commission and appreciate the opportunity to service the citizens of Clearwater. The Mayor thanked the Development Code Adjustment Board for their report, continued service and enthusiasm. ITEM #6 - Approval of Minutes Commissioner Berfield moved to approve the minutes of the regular meeting of May 4, 1995, as recorded and submitted in written summation by the City Clerk to each Commissioner. The motion was duly seconded and carried unanimously. Commissioner Johnson referred to the Commissioners listed in attendance at the May 1, 1995 meeting and requested the names of Commissioners Richard Fitzgerald and Arthur X. Deegan, II be replaced by Commissioners Michael R. Dallmann and J. B. Johnson. Commissioner Johnson moved to approve the minutes of the special meeting of May 1, 1995, as corrected. The motion was duly seconded and carried unanimously. ITEM #7 - Citizens to be heard re items not on the Agenda Bob Merkle expressed concern regarding the second consecutive tabling of an agenda item important to the Chi Chi Rodriguez Youth Foundation. He requested an opportunity to speak with the Commission regarding this issue. Mr. Merkle expressed concern Commissioner Thomas has publicly repudiated a contract the City has observed for more than 10 years and has threatened private legal action. He said the Foundation is grateful to Clearwater for maintaining a partnership that reaps tremendous benefits for the City. Dale D’Azevedo, owner of commercial property adjacent to the St. Vincent de Paul Soup Kitchen on Park Street, said the area’s depressed condition is a direct result of the soup kitchen’s permanent location. Her property has been on the market for sale or lease for more than two years. She said all potential interest is repelled because of its location next to the soup kitchen. She presented a Police readout of calls to the soup kitchen. Ms. D’Azevedo said she has been unable to conduct business in her building due to constant trespassing by vagrants. Ms. D’Azevedo questioned: 1) how the City could improve the situation; 2) if plans to build a downtown lake will affect her area; and 3) whether the City would consider her property for a Police substation. Ms. D’Azevedo submitted copies of letters from concerned area property owners. The Mayor indicated this situation would be addressed at a future Work Session. Tom Parker, realtor, said the Association of the Board of Realtors is close to the soup kitchen location and noted homeless persons sleep in the nearby ravine. He expressed concern regarding the difficult situation of homelessness and requested Commission assistance to address this problem. David Grice, President of the Drew and Plaza Park Homeowners Association, referred to a letter from the City Attorney’s office regarding the seizure of drug houses. He said all of the case law quoted referred to first time offenders. He noted that five to 50 arrests have occurred on the properties that are of concern to his association. The City Attorney indicated the properties in question are homestead properties and cannot be seized. Commissioner Thomas questioned if people who illegally sell drugs out of their home can lose their home. The City Attorney said the home cannot be forfeited under forfeiture statutes on homeowner occupied property. Mr. Grice questioned if any homes have been forfeited. The City Attorney said she was unaware of any homestead properties being forfeited. Mr. Grice referred to the May 15, 1995 Work Session and noted a recommendation had been made to allow the development of substandard lots in North Greenwood. He did not think this will help the area. He said mortgage companies will not lend money for substandard lots. He recommended the substandard lots be incorporated by neighboring properties. Joe Evich referred to the vacancy on the City Commission. He said the Charter Review had addressed this matter and recommended the Commission appoint a replacement within 30 days and guaranteed the vacancy would last no more than four months because of election requirements. Mr. Evich submitted a copy of the Charter Review’s unanimous proposal regarding vacancies. He recommended scheduling a special election as soon as possible if this issue is not resolved within 30 days. Mr. Evich referred to staff’s “white paper” asking that this issue be addressed. John Doran requested Sunsets at Pier 60 be expanded south of the pier. He recommended annual seafood and street festivals be held. He suggested the water tower be decorated in a Tropical Seascape motif, widening the sidewalk and providing landscaping and pedestrian amenities on the east side of S. Gulfview, having a modest water attraction and a “Celebration Station” style attraction. Mr. Doran suggested motel rooms removed by redevelopment be combined with rooms from other old properties to new, state-of-the-art tourist facilities along East Shore and on South Beach. He recommended allowing a height bonus for redeveloping motels that provide off-street parking, green space and view corridors. Bob Wright complained regarding the reception on C-View 35 and requested this situation be improved. PUBLIC HEARINGS ITEM #8 - Variance(s) to Sign Regulations for property located at 2539 Countryside Blvd., Countryside Village Square, Lots 5, 7 & 8 (HRE Properties/Blockbuster Video, SV95-24) The applicant requests a variance to permit placement of a new sign that will extend above the building’s roof line. The subject property, east of US 19N, is on the south side of Countryside Boulevard and zoned Commercial Center. Blockbuster Music, in Countryside Village Square, is allowed 150 square feet of signage attached to the storefront. The three proposed signs have a cumulative area of 144 square feet. The sign on the facade over the main entry is proposed to rise two feet, four inches above the roof. Staff feels the variance is not necessary to make reasonable use of this property. The wall area is ample to place signs, including the facade over the main entry and the parapet wall behind the main entry. No special circumstances or conditions unique to this property warrant approval of this variance. Other property owners have removed signs extending above roof lines to comply with the code. Signs placed flush against the wall in accordance with code will be plainly visible. Todd Pressman, representative for the applicant, verified photographs of the property presented him by Central Permitting Director Scott Shuford. Mr. Pressman said the subject sign meets size requirements; however, it sneaks a few feet above the wall. He presented a map of the area and noted the Blockbuster store is located in a corner unit on a pivotal site in the shopping center. He presented pictures of the building and noted the unusual circumstances of the site as another wall rises behind the proposed sign’s location to a graduated roof line. He felt the proposed sign is not really a roof sign as it cannot be seen from the sides or back of the building. He noted the rest of the center has a jumble of roof lines and signs at different heights. Commissioner Thomas questioned the placement of new signs on the beach Eckerd store. Mr. Shuford stated drawings of proposed improvements to Eckerds do not show signs above the roof line. Commissioner Thomas requested additional information on the Eckerd signs. Commissioner Thomas felt the proposed signage for Blockbusters is reasonable considering the wall rising to the higher roof line is close behind the proposed sign. He questioned which roof line is the main one and suggested the lower roof line could be considered an awning type structure. Commissioner Berfield questioned if staff considered the lower roof line when they reviewed the application. Mr. Shuford said they did. He indicated staff is preparing amendments to the sign ordinance and will look for Commission direction based on tonight’s decision. He said staff has consistently recommended denial of signs located above roof lines. He reiterated that the sign could be located below the roof line. Commissioner Thomas moved to approve a variance to allow a sign extending above the roof line of the building, on property identified as Countryside Village Square, Lots 5, 7 and 8, for meeting Sec. 45.24 Standards for Approval, items (1)-(4). The motion was duly seconded. Mayor Garvey said she saw no reason for a variance. Commissioner Johnson questioned the lower roof’s size. Mr. Shuford estimated the lower roof is less than 20 square feet. Commissioner Johnson felt that was too small to be considered as a roof line. Mr. Shuford noted the rear of the business has a higher ceiling line. Assistant City Manager William Baker said the lower elevation at the front could be considered an off set front. Mr. Pressman said the store’s structure is one unit and the lower roof covers the first few feet of the front of the store. Mr. Shuford agreed both roofs cover the store. Mr. Pressman estimated 2% of the store is covered by the lower level roof. The Mayor questioned if staff was considering a code amendment regarding signs and multiple roof levels. Mr. Shuford said consideration is being given for sign placement to be based on the tallest line of a building with multiple roofs. Commissioner Thomas suggested if less than 10% of the building’s roof is at the lower level, the higher roof line can be considered. Mr. Pressman said the store’s location provides difficult visibility from other areas of the shopping center. Upon the vote being taken, the motion carried unanimously. ITEM #9 - Variance(s) to Sign Regulations for property located at 1625 N. Belcher Rd., Sec. 7-29-16, M&B 22.012 (The Salvation Army/The Salvation Army Community Worship Center, SV95-25) The applicant requests an area variance of 24 square feet from the permitted 48 square feet to allow a freestanding sign with an area of 72 square feet. The subject property, one-half mile south of Sunset Point Road, is on the east side of Belcher Road and is zoned Public/Semipublic. The variance is requested to permit enlargement of the existing freestanding sign. The Salvation Army Community Worship Center is allowed two freestanding signs: a 48 square foot sign for property identification, and a 24 square foot changeable message sign to announce services, events and functions. The Salvation Army has one 48 square foot sign to identify the property and provide changeable messages. According to the application, the existing sign is not large enough to convey all desired information. Two freestanding signs with a total area of 72 square feet are permitted. Instead, the Salvation Army wishes to increase this sign’s size to 72 square feet. Belcher Road is lined with a diverse mix of land uses, lot sizes, zoning districts, sign sizes and heights. Many nearby properties, zoned for industrial use, are allowed 20 foot high, 64 square foot signs. The proposed sign will not be taller or substantially larger than other area signs. The industrially-zoned Espana Business Center across Belcher Road was granted a 36 square foot variance to allow a 100 square foot sign. Given the unusual and varied development pattern along the Belcher Road corridor, staff feels the aesthetic effect of a single 72 square foot sign will be no different than two signs with a combined area of 72 square feet. The applicant has proposed inclusion of the property address in the 72 square foot area. Staff recommends that be a condition of variance approval. Mr. Shuford indicated the sign would be similar to the Long Center sign that received a variance. Mayor Garvey questioned if clutter would be eliminated. Mr. Shuford said it would be. David Williams, representative for the applicant, verified photographs of the property presented him by Mr. Shuford. Commissioner Thomas questioned if the sign will be as large as the Long Center’s sign. Mr. Shuford indicated the Long Center sign is substantially larger. Commissioner Thomas moved to approve an area variance of 24 square feet from the permitted 48 square feet to allow a freestanding sign with an area of 72 square feet, on property identified as Sec. 7-29-16, M&B 22/012, for meeting Sec. 45.24 Standards for Approval, items (1)-(4), subject to the following conditions: a) No additional freestanding signs shall be permitted and b) The property address shall be displayed within the 72 square foot sign area. The motion was duly seconded and carried unanimously. ITEM #10 - Public Hearing - Declare surplus Lot 34, Blk. E, First Addition to Sunset Point, a/k/a 1872 Springtime Ave., for purpose of offering for sale at minimum bid amount of $15,300 (EN) On April 20, 1995, the City Commission accepted title to the subject lot by Quit-Claim Deed from Henry G. Cisneros, Secretary of Housing and Urban Development, in lieu of payment of a $6,016 structure demolition lien. In the same motion, it was recommended to declare the property surplus at a future date for selling. Following its declaration as surplus property, the lot will be offered for sale through the Purchasing Department’s bid procedures at its March 20, 1995 appraise value of $15,300. Commissioner Berfield moved to declare as surplus a vacant single-family residential lot legally described as Lot 34, Block E, FIRST ADDITION TO SUNSET POINT, a/k/a 1872 Springtime Avenue, for the purpose of offering for sale at minimum bid amount of $15,300 and that the appropriate officials be authorized to proceed. The motion was duly seconded and carried unanimously. ITEM #11 - Public Hearing & First Reading Ords. #5836-95 & #5837-95 - LDCA's revising receipt and referral and other related code requirements (LDCA95-05) Staff has advised the Commission and advisory boards of the time intensive and complex code requirements involving “Receipt and Referral.” Pursuant to Commission direction, board comments, and recommendations of the CERTaF (Code Enforcement Review Task Force) and the AHAC (Affordable Housing Advisory Committee), ordinances were prepared for consideration. Ordinance #5836-95: 1) Eliminates the receipt and referral of certain sized properties for site plan and subdivision plat review; 2) Eliminates receipt and referral of land use plan, annexation, and rezoning requests. These requests would go immediately to public hearings before the P&Z (Planning & Zoning Board) and City Commission; 3) Requires additional public notice for site plans and plats; 4) Eliminates the preliminary and final site plan concept as all technical information is required to be shown on site plans at the initial submittal stage; 5) Clarifies and revises submittal requirements for land development concept plans, conditional use permits’ site plans and variance site plans; It also specifies when a change to a conditional use permit site plan would require reconsideration of the conditional use permit by the P&Z; 6) Clarifies the Development Review Committee’s role as a City staff board; 7) Allows site plan certification by the Central Permitting Department instead of the City Clerk, saving time in the certification process; The City Clerk still would keep a copy of the certified site plan as an official City record; and 8) Authorizes the City Manager to determine the land or cash issue for the Parks & Recreation Impact Fee for sites not reviewed by the City Commission. Mr. Shuford said the proposed ordinances were the culmination of work directed by the Commission to streamline City processes. Central Permitting wishes to promote economic development. He said the Design Review Board will protect design integrity downtown, on the beach and in North Greenwood. Mr. Shuford noted the Receipt and Referral process added 30 to 60 days to the development of property. After the proposed change, the Commission will not review site plans and plats that are now subject to receipt and referral. After the proposed change, the Commission will continue to review annexations, rezonings and public hearings. Mr. Shuford said the public notification process incorporated in the new ordinance will require proposed developments to be posted with information regarding what is being proposed along with Central Permitting’s phone number for questions, comments and concerns. Currently, interested parties often learn about a development after construction already had begun. He said the new legislation will shorten the development review process. Commissioner Thomas noted after the ZOM development went through the system, the Commission learned of the ecological consequences. He said the development’s attorney had indicated because the City Commission had accepted the proposal as a Receipt and Referral item, the City was legally bound to allow the development to proceed even though staff and Commission members had expressed concerns. He expressed concern regarding liability that may result if the City Commission is removed from the process and staff wishes to halt a development. Mr. Shuford said the current process does not require developers to go through the expense of developing a detailed site plan. The City Attorney said accepting plans for review does not vest any rights. Commissioner Thomas expressed concern regarding the City’s liability if this ordinance is adopted. The City Attorney said she would review the background of the ZOM development. She felt the City would not assume any liability by eliminating the Receipt and Referral process. She indicated State environmental laws offer protection. Commissioner Thomas requested the status of the environment survey of sensitive areas in the City. City Engineer Rich Baier said the Environmental Advisory Board is developing the list. Commissioner Thomas questioned if an appeal process to the City Commission has been established. Mr. Shuford said staff will stop any development that is not in conformance with regulations. Developers may request an interpretation of the code. Appeals can be made to the City Manager and City Engineer. Commissioner Thomas questioned how a request like the one by Empress Cruise Line would be handled. Mr. Shuford indicated conditions imposed on the cruise line were established by the boards. Mr. Baker referred to the ZOM development and noted language in the Land Development Code regarding the environment was broad. He indicated ZOM moved buildings to minimize tree removal. He said if staff discovers problems or concerns, they point them out to the developer. Commissioner Thomas questioned if the appeal process was being changed. Mr. Shuford indicated the process would remain the same. Commissioner Berfield questioned how the minimum acreage of 25 acres requiring Commission review was established. Mr. Shuford indicated CERTaF had recommended that minimum. Undeveloped portions of Park Place include approximately 25 acres. Commissioner Berfield questioned if the limit was recommended so the Commission would not have to review many site plans. Mr. Shuford responded this was the case. He noted most sites involve land use plans, zoning changes and require City Commission review. He said larger areas usually require some variances, especially in sensitive areas. Commissioner Berfield questioned if the Commission would review Commercial Planned Development. It was indicated they would continue to do so. Commissioner Berfield questioned if the City Commission would have the right to review developments that involve many citizen complaints. Mr. Shuford cautioned the Commission may be in an awkward position if a site plan comes back for final approval with all conditions met and citizens still objecting. Commissioner Berfield questioned if the Commission could pick certain developments for review. The City Attorney indicated this was not advisable. Mr. Shuford said the ordinance will do away with problems that result from the present procedure. Information from the developer will be provided up front. Commissioner Berfield questioned what recourse objecting citizens would have after staff review of the site plan and public notice. Mr. Shuford said staff would help the developer and neighbors meet early in the process to reach compromise. Commissioner Berfield questioned if citizens’ concerns will be heard. Mr. Shuford said the City will address valid concerns. The Mayor questioned if the City Commission would receive and refer developments larger than 25 acres. Mr. Shuford said the Commission needs to decide if they want to continue that procedure. The Mayor questioned if the Commission will see completed site plans for developments greater than 25 acres. Mr. Shuford indicated it will be. Bob Wright said he had addressed this matter previously. He noted several errors were made in the approval of the site plan for the development adjacent to Clipper Cove. He said citizens need protection. He expressed concern the Commission addresses annexations of small lots by reading three ordinances twice, yet will not be approving site plans for developments smaller than 25 acres. Mr. Wright expressed concern if staff errs, the citizens will have no recourse. He felt if this ordinance is approved, the Commission will be abdicating its duty to Clearwater’s citizens. Commissioner Thomas spoke against the ordinance. He did not feel the slower procedure was unsatisfactory. He supported a public forum where citizens could address their concerns. He agreed passage of the ordinance would be an abdication of City Commission responsibilities. Commissioner Johnson moved to pass Ordinance #5836-95 on first reading. The motion was duly seconded. Commissioner Berfield questioned if this ordinance would result in an abdication of the Commission’s responsibilities. The City Attorney indicated the current process is unusual. She was not familiar with similar processes used elsewhere. She did not believe the Commission would be abdicating any responsibility. She noted other communities use the method proposed in the ordinance. Mayor Garvey suggested trying the new method. Commissioner Thomas expressed concerns that public forums are not permitted under the proposed process. Commissioner Berfield questioned if developments that cause public concern can be brought to the City Commission. The Mayor felt that procedure would result in selective enforcement. The City Attorney noted approval of developments must be based on standards within the code and not public opinion. Commissioner Berfield questioned how the public would get satisfaction or recourse. Mr. Shuford said posting a property will inform citizens of a developer’s plans and permit citizens to voice their concerns to staff. Commissioner Berfield suggested a requirement to post property could be added to the present procedure. Mr. Shuford cautioned that more citizens may pressure the City Commission to deny a development that meets all requirements. If such developments are denied, other applicants would be discouraged. The City Attorney presented Ordinance #5836-95 for first reading and read it by title only. Upon roll call, the vote was: "Ayes": Berfield, Johnson and Garvey. "Nays": Thomas. Motion carried. Ordinance #5837-95 transfers review of sign variances from the City Commission to the DCAB (Development Code Adjustment Board). Commissioner Thomas opposed the ordinance. He felt the appellate process should come to the City Commission. The Mayor did not have strong feelings for or against this ordinance. She noted DCAB’s request during tonight’s presentation that board decisions continue to be heard by State-appointed Hearing Officers. Commissioner Johnson said DCAB handles variances well and the Hearing Officer process works. He did not feel having sign variances reviewed by DCAB would cause the board a great deal of extra work. Commissioner Berfield agreed the DCAB system is working well but felt the expense and time involved with scheduling Hearing Officers was the reason the City is looking at an alternate method. Commissioner Berfield said she would rather have sign variance review stay with the City Commission. The majority agreed to leave the review of variances with the City Commission. The City Manager withdrew Ordinance #5837-95. ITEM #12 - Second Reading Ord. #5817-95 - LDCA re DRB (Design Review Board) (LDCA 95-01); Res. #95-44 - Dissolving North Greenwood Design Review Committee; appointments to DRB On May 4, 1995, the City Commission approved on first reading an ordinance establishing a DRB (Design Review Board) for design reviews in downtown, the commercial areas of Clearwater beach, and the North Greenwood commercial district. The DRB will replace the North Greenwood Design Review Committee, in addition to performing other functions. Consequently, it is also necessary to pass a resolution dissolving the North Greenwood Design Review Committee. Regarding the appointment of the DRB membership, staff recommends giving priority to those who have served on the following groups: 1) North Greenwood Design Review Committee; 2) Downtown Partnership Design Group; 3) Clearwater Beach Association/Chamber of Commerce Tropical Seascape Design Committee; 4) City Beautification Committee; and 5) City Historic Preservation Board. The ordinance lists the membership makeup for the DRB. One member must own property or operate a business in each of the regulated areas (for a total of three members). Two members must be design professionals. The final two members are to be selected at large. The City Attorney presented Resolution #95-44 and read it by title only. Commissioner Berfield moved to pass and adopt Resolution #95-44 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson and Garvey. "Nays": None. The City Attorney presented Ordinance #5817-95 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5817-95 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson and Garvey. "Nays": None. The Mayor questioned if some property owners and merchants could be appointed at large. Mr. Shuford indicated they could. He noted some applicants qualify for more than one category. Commissioner Thomas noted the requirements for design professionals include architects, landscaping architects, urban planners and engineers. He said he wanted to make sure the categories for members were covered. Mr. Shuford noted not many merchants responded and staff took a broader view when filling this category. Commissioner Thomas questioned if John Doran had applied for appointment. Mr. Shuford noted this appointment would conflict with Mr. Doran’s service on the Civil Service Board. Mr. Shuford recommended continuing the appointments so staff could redo the list. Commissioner Thomas moved to appoint Robert Frederick Herberich to the design professional category. The motion was duly seconded and carried unanimously. Commissioner Berfield moved to appoint Arthur C. Shand to the design professional category. The motion was duly seconded and carried unanimously. Commissioner Berfield moved to appoint Kate McCullough to the downtown property owner or merchant category. The motion was duly seconded and carried unanimously. The City Attorney questioned the terms of appointment. A recommendation was made to delay assigning terms until the remainder of appointments were made. Commissioner Thomas requested delaying appointments from North Greenwood and Clearwater Beach until a broader group of applicants is presented. Consensus was to continue the remainder of the appointments and terms. ITEM #13 - To Be Cont’d - Public Hearing & First Reading Ord. #5818-95 - Vacating 60' north/south r-o-w of Carolyn Lane, lying N of Sandy Lane, and the 3' utility easement lying along the W side of Lot 1, Blk. F, Highland Estates of Clearwater 1st Addition, subject to applicant providing replacement easements for existing utilities (Maxwell, V94-15) Commissioner Thomas moved to continue this item to a date uncertain. The motion was duly seconded and carried unanimously. Public Hearing - Second Reading Ordinances ITEM #14 - Ord. #5769-95 - LDCA prohibiting parking on front lawns of single family, duplex and triplex uses, including any unpaved portion of street r-o-w adjacent thereto (LDCA 94-15) This item was denied on first reading on May 4, 1995. The Commission recessed from 8:21 to 8:38 p.m. ITEM #15 - Ord. #5803-95 - Annexation for property located at 511 Dora Dr., Rolling Heights, Lot 19 (Haglund, A95-02) The City Attorney presented Ordinance #5803-95 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5803-95 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson and Garvey. "Nays": None. ITEM #16 - Ord. #5804-95 - Land Use Plan Amendment to Residential Low for property located at 511 Dora Dr., Rolling Heights, Lot 19 (Haglund, LUP95-02) The City Attorney presented Ordinance #5804-95 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #5804-95 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson and Garvey. "Nays": None. ITEM #17 - Ord. #5805-95 - RS-6 Zoning for property located at 511 Dora Dr., Rolling Heights, Lot 19 (Haglund, A95-02) The City Attorney presented Ordinance #5805-95 for second reading and read it by title only. Commissioner Thomas moved to pass and adopt Ordinance #5805-95 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson and Garvey. "Nays": None. ITEM #18 - Ord. #5806-95 - LDCA re adult day care (LDCA 95-07) The City Attorney presented Ordinance #5806-95 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5806-95 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson and Garvey. "Nays": None. ITEM #19 - Ord. #5807-95 - LDCA clarifying conditional use approval standards (LDCA 95-06) The City Attorney presented Ordinance #5807-95 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #5807-95 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson and Garvey. "Nays": None. ITEM #20 - Ord. #5808-95 - Annexation for property located at 2020 Calumet St., Clearwater Industrial Park, parts of Lot 9 (Kent, A95-03) The City Attorney presented Ordinance #5808-95 for second reading and read it by title only. Commissioner Thomas moved to pass and adopt Ordinance #5808-95 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson and Garvey. "Nays": None. ITEM #21 - Ord. #5809-95 - Land Use Plan Amendment to Industrial Limited for property located at 2020 Calumet St., Clearwater Industrial Park, parts of Lot 9 (Kent, LUP95-03) The City Attorney presented Ordinance #5809-95 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5809-95 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson and Garvey. "Nays": None. ITEM #22 - Ord. #5810-95 - IL Zoning for property located at 2020 Calumet St., Clearwater Industrial Park, parts of Lot 9 (Kent, A95-03) The City Attorney presented Ordinance #5810-95 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #5810-95 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson and Garvey. "Nays": None. ITEM #23 - Ord. #5811-95 - Annexation for property located at 1513 Laurel Dr., Nob Hill Sub., Lot 3 (Lugo, A95-04) The City Attorney presented Ordinance #5811-95 for second reading and read it by title only. Commissioner Thomas moved to pass and adopt Ordinance #5811-95 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson and Garvey. "Nays": None. ITEM #24 - Ord. #5812-95 - Land Use Plan Amendment to Residential Low for property located at 1513 Laurel Dr., Nob Hill Sub., Lot 3 (Lugo, LUP95-04) The City Attorney presented Ordinance #5812-95 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5812-95 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson and Garvey. "Nays": None. ITEM #25 - Ord. #5813-95 - RS-8 Zoning for property located at 1513 Laurel Dr., Nob Hill Sub., Lot 3 (Lugo, A95-04) The City Attorney presented Ordinance #5813-95 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #5813-95 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson and Garvey. "Nays": None. ITEM #26 - Ord. #5822-95 - Amending Secs. 2.160 & 2.161 to reduce number of members for Environmental Advisory Board from 10 to 7 The City Attorney presented Ordinance #5822-95 for second reading and read it by title only. Commissioner Thomas moved to pass and adopt Ordinance #5822-95 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson and Garvey. "Nays": None. ITEM #27 - Ord. #5835-95 - Amending Ch. 29, relating to occupational licenses, to amend procedures for denying the issuance, transfer or renewal of them; amending procedures for imposing delinquent penalties; clarifying procedures & grounds for revoking or denying them; amending procedures for issuing a provisional license; clarifying procedures for an appeal The City Attorney presented Ordinance #5835-95 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5835-95 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson and Garvey. "Nays": None. ITEM #28 - Special Items of widespread public interest - None. ITEM #29 - Citizens to be heard re items not on the Agenda Tom Sehlhorst said C-View 35 is working well. He recommended increasing citizen input by providing a fax number during live broadcasts of City Commission meetings so interested citizens can comment on the proceedings. The Mayor said electronic communication at meetings would be cumbersome. Commissioner Thomas noted most citizens do not have fax machines. He felt taking calls during a meeting would be disruptive. He supported advertising the City’s fax number for citizen comment. CITY MANAGER REPORTS CONSENT AGENDA (Items #30-33) - Approved as submitted. ITEM #30 - Promotional License Agreement with Clearwater Mall Company allowing the City to conduct an EXPO and Parks and Recreation Mall Show for Florida City Government Week of 10/14/95 at Clearwater Mall (IM) ITEM #31 - Receipt/Referral - Land Use Plan Amendment to Institutional & MPD Zoning for property located at 1221 & 1256 Bay Ave., 323 & 325 Pinellas St., and 1225 Reynolds Ave., C. Perry Snell's Bluff View Court, Lots 22-24, Westover Sub., Blk. B, Lots 1,2 & 17, and S. J. Reynolds Sub., Lot 8; and Amended Master Site Plan to go to the DRC for review with final approval by the Commission (Morton Plant Hospital Association, Inc. & Kralis)(CP) ITEM #32 - Contract for new Beach Guard Building to Triple B. Builders, Inc., for $108,301; approve transfer of $55,255 from Parking Fund unappropriated retained earnings into CIP 93486 Beach Guard Building Renovation (MR) ITEM #33 - Approve a grant program whereby the City will contribute $1 to the Clearwater Bombers for every $10 in cash or in specific in-kind services the Bombers receive as donations from the private sector up to a maximum City contribution of $10,000 during FY 1994/95 (PR) Commissioner Thomas moved to approve the Consent Agenda as submitted and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. OTHER ITEMS ON CITY MANAGER REPORT ITEM #34 - Contract for a police computer system & system integration services to PSI International, Inc., Fairfax, VA, at an amount not to exceed $3,335,000; authorize a 5-year lease purchase through Barnett Bank (PD) In accordance with the City’s Information Services Strategic Plan and its predecessor document, the Computerization Long Range Plan, the Police Department has spent two years identifying their computerization needs for a new integrated police information system. In March 1994, the City contracted with John Dorsey and Associates for a computerization needs study and strategic plan for the Police Department, with particular emphasis on the computer-aided dispatch system and existing laptop computers. The Dorsey study identified a number of deficiencies in existing systems and recommended the City correct those problems through acquisition of a new integrated police computer system. On July 18, 1994 and July 20, 1994, the strategic plan was presented to the City Commission which unanimously approved continuing the project and Mr. Dorsey’s contract to include system selection and implementation management for the complete, integrated package of computer-aided dispatch, records management system and mobile computers/ field reporting. With staff assistance, Dorsey and Associates prepared an RFP released in August 1994 and sent to 137 vendors. The six vendor responses were evaluated by an RFP Evaluation Committee which selected a short list of three vendors. After the vendors made formal presentations in Clearwater, the committee ranked them and visited installation sites of the highest ranked vendor. References and other identified clients were contacted and checked and the Finance Department reviewed the bidders’ financial records. It was determined that the proposal from PSI International of Fairfax, Virginia was the lowest and most responsive bid. Components of the system include: 1) Computer Aided Dispatch with integrated mapping; 2) Records management systems including: a) Case management; b) Crime analysis; c) Management reporting; d) Personnel tracking; and e) Traffic Management; 3) Field reporting on pen-based computers; 4) City-standard office automation; 5) Local and wide area networking; 6) Document imaging; 7) Automatic parking tickets; 8) Interfaces to 911, NCIC/FCIC, Pinellas County Sheriff’s Office, Pinellas County Justice Information System, and all City Departments; and 9) AVL (Automatic Vehicle Location) System. The proposed system will: 1) provide the Police Department with systematic, real time retrieval capability for information necessary for efficient and effective operation; 2) eliminate redundance of data elements, data files, data entry and paper reports; 3) improve coordinated efforts of units within the Police Department including satellite offices; 4) satisfy electronically the State-mandated automated reporting requirements of the Uniform Crime Reports; and 5) provide for long term growth, development and maintenance as department needs dictate. PSI’s proposal includes: 1) on-site training courses for Police Department staff for the computer-aided dispatch system, records management system, field accident and incident reporting, automated parking ticket system, case management and crime analysis systems. The proposal also includes training for computer systems support staff and network managers. The dramatic reduction in the department’s dependence on paper reports is expected to result in a consolidation of duties and potentially a reduction in assigned staff. After system implementation, the Human Resources Department will conduct a job audit to identify needed changes. The contract with PSI will include hardware and software maintenance agreements at an annual cost of $262,134. Maintenance costs are contractually fixed for a five year period. The contract does not include internal cabling and related hardware in the new Police Headquarters building which will be part of the building project. Otherwise, this is a complete, turn-key system with nothing remaining to be purchased or supplied by the City. Cost of the Hardware and Software and Services totals $3,335,000. The Fiscal Year 1994/95 budget impact is estimated at $49,720. Future years budget impact, estimated at $1,066,860, includes maintenance. The mid year review will provide an amendment to the project budget to an estimated cost of $3,335,000 for the cost of both hardware and software. Funding for the debt service costs in FY 1994/95 of $49,720 is available through the Police Department’s current operating budget. Funding for future debt service costs and maintenance contracts will be included in the FY 1995/96 through FY 1999/00 proposed annual operating budgets. Deputy Chief Williams said benefits of the new police computer system include: 1) improved utilization of personnel resources; 2) more efficient response to Police calls for service; 3) improved customer service to the public and other City officials; 4) reduced dependence on paper reports; 5) elimination of duplicate data entry and duplicate data storage; 6) improved officer safety; 7) faster and more efficient information sharing with other law enforcement agencies, City departments and substations; 8) integrated mapping; 9) faster and more reliable management reporting information; 10) more efficient handling of parking tickets with increase revenues; 11) increase efficiency of Police Officers in the field; 12) improved follow-up to criminal cases by detectives; 13) moves the department from obsolete and failing systems to open architecture systems that will grow with the City; and 14) automate areas that have never been automated: a) UCR (Uniform Crime Reports); b) case cost recovery; c) parking enforcement; d) department personnel database; e) property management and inventory; and f) traffic management. Commissioner Thomas said the number one rated issue in the community consensus report was public safety. He said the proposed system represents a quantum leap for the department. Once the new Police Department building is completed, he said Clearwater will have the best tools in the country. He liked the system’s ability to constantly track all police vehicles. Commissioner Thomas was impressed with the system’s safety features and how it will dramatically reduce paperwork. He said he was proud of all City staff involved. Commissioner Johnson said he was impressed with all he has read and heard about the system. He noted Clearwater’s Police Department will be in the forefront in the State. He strongly recommended moving forward. Mayor Garvey questioned how the new system will be interfaced. Deputy Chief Williams said the timing of the system is on target with moving into the new building. Setting up the system in the new building will save costs in the end. Commissioner Berfield questioned when accident reports would be available to the public. Deputy Chief Williams said the reports will be available as soon as they are completed and downloaded at a substation. Commissioner Berfield questioned if the equipment will be obsolete at the end of the five-year lease purchase. Deputy Chief Williams said it would not be obsolete. He indicated the system has the flexibility to be enhanced, despite which vendor is used. He noted the maintenance agreement includes all necessary upgrades. Commissioner Thomas moved to award a contract to PSI International, Inc. of Fairfax, Virginia for a police computer system and system integration services at a not-to-exceed cost of $3,335,000 being the lowest and most responsive bid in accordance with specifications of RFP #210-94 and authorize a five-year lease purchase through Barnett Banks and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #35 - Appointment of members to NAHAB (Neighborhood and Affordable Housing Advisory Board) (ED) The SHIP (State Housing Initiatives Partnership) Program requires the City to establish an Affordable Housing Advisory Committee to review and monitor the annual Local Housing Assistance Plan and the Affordable Housing Incentive Plan. HUD (Department of Housing and Urban Development) further requires the City to adopt a Citizen Participation Plan as part of the Consolidated Plan to address local housing, community and economic development needs. The proposed membership of this new NAHAB (Neighborhood and Affordable Housing Advisory Board) meets the requirement of both federal and state mandates. The NAHAB will be an integral part of the City’s effort to inform citizens and to solicit their participation in these programs. On April 20, 1995, the City Commission adopted Ordinance #5770-95 to dissolve the Affordable Housing Committee and Neighborhood Advisory Committee and create the NAHAB. Commissioner Berfield moved to appoint Shirley Hill Moran to a four-year term as provider of affordable housing. The motion was duly seconded Commissioner Thomas questioned if names from another group could be substituted for this position. Economic Development Director Alan Ferri said, according to State legislation, the appointee’s should be an advocate of the category they represent. Commissioner Thomas moved to appoint Reverend William C. Graham to a four-year term as advocate for low income persons. The motion was duly seconded and carried unanimously. Commissioner Johnson moved to appoint Darrell Collins for a two-year term as representative of the South Greenwood area. There was no second. Commissioner Berfield moved to appoint Milly Joplin for a two-year term as representative of the South Greenwood area. The motion was duly seconded. Commissioners Berfield and Thomas voted “Aye”; Commissioner Johnson and Mayor Garvey voted “Nay.” Motion failed. Commissioner Johnson moved to appoint Darrell Collins for a two-year term as representative of the South Greenwood area. There was no second. Commissioner Berfield moved to appoint George Konstantinidis for a three-year term as representative of the residential building industry. The motion was duly seconded and carried unanimously. Commissioner Berfield moved to appoint Mayme W. Hodges for a two-year term as representative of the North Greenwood area. The motion was duly seconded and carried unanimously. Commissioner Berfield moved to appoint Ruth Hunter for a four-year term as representative of the banking or mortgage industry. The motion was duly seconded and carried unanimously. Commissioner Berfield moved to appoint Howard G. Groth for a two-year term as representative of the East Clearwater area. The motion was duly seconded and carried unanimously. Commissioner Berfield moved to appoint William Turner, Sr. for a three-year term as a representative for labor in home building. The motion was duly seconded and carried unanimously. Commissioner Thomas moved to appoint Bertha M. Kelley for a three-year term as representative of the real estate profession. The motion was duly seconded and carried unanimously. Commissioner Thomas moved to appoint Milly Joplin for a two-year term as representative of the South Greenwood area. The motion was duly seconded. Commissioners Berfield, Thomas and Johnson voted “Aye”; Mayor Garvey voted “Nay.” Motion carried. ITEM #36 - Approve Union Contract - FOP Supervisors (CM) The most recent collective bargaining agreement between the City and the FOP (Fraternal Order of Police) Supervisors’ Unit expired on September 30, 1994. That agreement was a three-year agreement. Since May 20, 1994, City management staff and representatives of the FOP Supervisors’ Unit have been meeting to negotiate a new contract. As the parties were unable to negotiate a new contract prior to October 1, 1994, provisions of the expired contract were continued as the parties proceeded to negotiate. The negotiating process was completed when the parties came to a tentative agreement for a new three-year contract on Friday, April 28, 1995. That proposed contract will cover Fiscal Years 1994/95, 1995/96 and 1996/97. The FOP Supervisors’ Unit submitted the proposed agreement to its membership who ratified the agreement by majority vote. Major provisions of the contract proposal for the FOP Supervisors’ Unit include: 1) a 4% one-time payment for current active full-time or permanent part-time employees as of the date of approval of the agreement. (This payment will not increase base salary.) The 4% one-time payment does not apply to full-time and part-time seasonal, emergency, temporary, or contractual employees nor does it apply to inactive employees, such as those using vacation or sick times toward retirement; 3) a 3% economic base pay adjustment effective October 1, 1995; 3) a 3% economic base pay adjustment effective October 1, 1996; 4) reduction in sick leave accrual rates for all bargaining unit members, specifically to 14 days accrual for FY 1994/95; 13 days' accrual for FY 1995/96; and 12 days' accrual for FY 1996/97. (Current accrual rate is 15 days.); 5) establishment of sick leave cap for new hires between date of approval of this agreement and September 30, 1994 of 1,560 hours and for all new hires as of October 1, 1995 of 1,214 hours. (The maximum accrual for employees hired prior to October 1, 1990 is 2,400 hours and for employees hired between October 1, 1990 and October 1, 1994 is 2,080 hours.); 6) creation of a sick leave pool available to bargaining unit members who exhaust their own sick leave and are faced with a catastrophic illness or injury (pool to be funded by donations of vacation leave by bargaining unit members); 7) elimination of restriction of sick leave hours available to immediate family members; 8) extension of residency area for bargaining unit members to Pasco County (previously restricted to Pinellas County); and 9) an additional 2.5% step in step progression plan for both Sergeants and Lieutenants (changing from one, four-year longevity step to two, two-year longevity steps). The City and Union have agreed to take changes to the Pension Plan to referendum. Funding of approximately $350,000 is available in the General Fund non-departmental program to fund a portion of the General Fund increase. The balance of funding will be provided by third-quarter budget amendments appropriating funding from the unappropriated reserves of the General Fund and related Enterprise and Internal Service Funds. Commissioner Thomas said he had no problem with the pay increase and thought changes to the disability issue were good. He expressed concern that the number of permitted sick days is not in line with the rest of City staff. He said the accrual rate was to be limited to six months. Commissioner Thomas felt the leave pool should not permit staff to trade vacation time for sick leave. Deputy City Manager Kathy Rice said the CWA contract is the same. She indicated the number of sick leave days was limited for department and division heads. Ms. Rice noted staff only can accrue vacation leave during the five years prior to retirement. The use of vacation pay for the leave pool benefits the City. The Mayor noted the Commission allowed these negotiations to be brought to the table. Commissioner Johnson moved to approve the collective bargaining agreement as negotiated with the Fraternal Order of Police Supervisors’ Unit for Fiscal Years 1994/95, 1995/96 and 1996/97. The motion was duly seconded. Commissioner Thomas said he opposed the contract due to the sick leave policy not being in line with other City staff but would vote in favor to provide a unanimous vote on this issue. Upon the vote being taken, the motion carried unanimously. ITEM #37 - Approve Union Contract - FOP #10 (CM) The most recent collective bargaining agreement between the City and the Fraternal Order of Police, Lodge 10 (FOP 10) expired September 30, 1994. That agreement was a three-year agreement. Since April 28, 1994, City management staff and representatives of the FOP 10 have been meeting to negotiate a new contract. As the parties were unable to negotiate a new contract prior to October 1, 1994, provisions of the expired contract were continued as the parties proceeded to negotiate. The negotiating process was completed when the parties came to a tentative agreement for a new three-year contract on Friday, April 28, 1995. That proposed contract will cover Fiscal Years 1994/95, 1995/96 and 1996/97. The FOP 10 submitted the proposed agreement to its membership who ratified the agreement by majority vote. Major provisions of the contract proposal for the FOP 10 include: 1) a 4% one-time payment for current active full-time or permanent part-time employees as of the date of approval of the agreement. (Payment will not increase base salary.) The 4% one-time payment does not apply to full-time and part-time seasonal, emergency, temporary, or contractual employees nor does it apply to inactive employees, such as those using vacation or sick times toward retirement; 3) a 3% economic base pay adjustment effective October 1, 1995; 3) a 3% economic base pay adjustment effective October 1, 1996; 4) reduction in sick leave accrual rates for all bargaining unit members, specifically to 14 days accrual for FY 1994/95; 13 days' accrual for FY 1995/96; and 12 days' accrual for FY 1996/97. (Current accrual rate is 15 days.); 5) establishment of a sick leave cap for new hires between date of approval of this agreement and September 30, 1994 of 1,560 hours and for all new hires as of October 1, 1995 of 1,214 hours. (The maximum accrual for employees hired prior to October 1, 1990 is 2,400 hours and for employees hired between October 1, 1990 and October 1, 1994 is 2,080 hours.); 6) creation of a sick leave pool available to bargaining unit members who exhaust their own sick leave and are faced with a catastrophic illness or injury (pool to be funded by donations of vacation leave by bargaining unit members); 7) elimination of restriction of sick leave hours available to immediate family members; 8) extension of residency area for bargaining unit members to Pasco County (previously restricted to Pinellas County); and 9) an additional 2.5% step in the step progression plan placed at the equivalent of the thirteenth year of the normal step progression. The City and Union have agreed to take changes to the Pension Plan to referendum. Funding of approximately $350,000 is available in the General Fund non-departmental program to fund a portion of the General Fund increase. The balance of funding will be provided by third-quarter budget amendments appropriating funding from the unappropriated reserves of the General Fund and related Enterprise and Internal Service Funds. Commissioner Thomas said he had the same arguments about this contract as he voiced under Item #36. Commissioner Johnson moved to approve the collective bargaining agreement as negotiated with the Fraternal Order of Police, Lodge 10 for Fiscal Years 1994/95, 1995/96 and 1996/97. The motion was duly seconded and carried unanimously. ITEM #38 - Approve Union Contract - IAFF (CM) The most recent collective bargaining agreement between the City and the IAFF (International Association of Firefighters) expired on September 30, 1994. That agreement was a three-year agreement. Since April 25, 1994, City management staff and representatives of the IAFF have been meeting to negotiate a new contract. As the parties were unable to negotiate a new contract prior to October 1, 1994, provisions of the expired contract were continued as the parties proceeded to negotiate. The negotiating process was completed when the parties came to a tentative agreement for a new three-year contract on Friday, April 28, 1995. That proposed contract will cover Fiscal Years 1994/95, 1995/96 and 1996/97. The IAFF submitted the proposed agreement to its membership who ratified the agreement by majority vote. Major provisions of the contract proposal for the IAFF include: 1) a 4% one-time payment for current active full-time or permanent part-time employees as of date of approval of the agreement. (Payment will not increase base salary.) The 4% one-time payment does not apply to full-time and part-time seasonal, emergency, temporary, or contractual employees nor does it apply to inactive employees, such as those using vacation or sick times toward retirement; 3) a 3% economic base pay adjustment effective October 1, 1995; 3) a 3% economic base pay adjustment effective October 1, 1996; 4) reduction in sick leave accrual rates for all bargaining unit members, specifically to 14 days accrual for FY 1994/95; 13 days' accrual for FY 1995/96; and 12 days' accrual for FY 1996/97. (Current accrual rate is 15 days.); 5) establishment of sick leave cap for new hires between date of approval of this agreement and September 30, 1994 of 1,560 hours and for all new hires as of October 1, 1995 of 1,214 hours. (Maximum accrual for employees hired prior to October 1, 1990 is 2,400 hours and for employees hired between October 1, 1990 and October 1, 1994 is 2,080 hours.); 6) creation of sick leave pool available to bargaining unit members who exhaust their own sick leave and are faced with a catastrophic illness or injury (pool to be funded by donations of vacation leave by bargaining unit members); 7) elimination of restriction of sick leave hours available to immediate family members; 8) increase in laundry stipend to $475 for FY 1995/96 and to $550 for FY 1996/97 (an increase of $75 each in the second and third years of the contract); 9) an additional 2.5% step in the step progression plan placed at the equivalent of the thirteenth year of the normal step progression; and 10) employee may choose to cash in unused floating holidays and be paid at rate of 16.8 hours for each day (an increase from current rate of 11.2 hours per day). The City and Union have agreed to take changes to the Pension Plan to referendum. Funding of approximately $350,000 is available in the General Fund non-departmental program to fund a portion of the General Fund increase. The balance of funding will be provided by third-quarter budget amendments appropriating funding from the unappropriated reserves of the General Fund and related Enterprise and Internal Service Funds. Ms. Rice noted differences between the Police and Firefighters contracts, include an increased laundry stipend and a change in cashing in unused floating holidays. Commissioner Berfield moved to approve the collective bargaining agreement as negotiated with the International Association of Firefighters for Fiscal Years 1994/95, 1995/96 and 1996/97. The motion was duly seconded. Commissioner Thomas said he had the same arguments about this contract as he voiced under Items #36 and #37. Upon the vote being taken, the motion carried unanimously. ITEM #39 - Other Pending Matters a) Chamber of Commerce Property The Chamber of Commerce has requested the Commission again consider purchasing the Chamber property. Commencement of their building’s renovation is being delayed to determine the newly-constituted Commission’s thoughts regarding the purchase. In his May 9, 1995 memorandum, Assistant City Manager William Baker noted all property appraisals qualify the values as valid only if no reverter clause is associated with the property. The current reverter clause is a significant consideration and renders the property valueless. The property may not be sold to anyone without City consent to remove the encumbrance. Staff recommends taking advantage of this opportunity to regain ownership and offer the Chamber $250,000 for the property. In her May 17, 1995 memorandum, Chamber of Commerce Chair Ann Wilkins indicated a recent appraisal valued the property at $445,000. She noted the Chamber has paid taxes on the property for more than 30 years and spent significant amounts of the business community’s money to help improve the City. Currently, she said the Chamber spends more than $1-million per year on Clearwater. She indicated a $250,000 offer would be unacceptable because the Chamber could not afford to move for that amount. She said if the City Commission cannot reach a number significantly closer to $425,000, the Chamber will move forward with the building’s remodeling. Commissioner Thomas noted the City originally gave the land and money to construct the building to the Chamber and expressed concern the Chamber now wants to sell it to the City for approximately $425,000. Commissioner Thomas moved to offer the Chamber of Commerce $250,000 for the property and building at 128 S. Osceola Avenue with an acceptance or rejection of the offer within 30 days. The motion was duly seconded. Commissioner Johnson noted the Chamber had already turned down a similar City offer. Commissioner Thomas noted this was an offer for “cash on the table.” Upon the vote being taken, the motion carried unanimously. CITY ATTORNEY REPORTS ITEM #40 - First Reading Ordinances a) Ord. #5840-95 - amending Ord. #5815-95, Sec. 2, powers of the Agency and City Commission (re Enterprise Zone Development Agency - EZDA) The City Attorney presented Ordinance #5840-95 for first reading and read it by title only. Commissioner Berfield moved to pass Ordinance #5840-95 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson and Garvey. "Nays": None. ITEM #41 - Resolutions a) Res. #95-40 - Demolition lien - 402 Railroad Ave., Hart's Addition to Clearwater, Blk. 2, part of Lot 9 (Bryant Estate) The City Attorney presented Resolution #95-40 and read it by title only. Commissioner Berfield moved to pass and adopt Resolution #95-40 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson and Garvey. "Nays": None. b) Res. #95-41 - Demolition lien - 610 McLennan St., Belleview Ct., Blk. B, Lot 10 (MLA, Inc.) The City Attorney presented Resolution #95-41 and read it by title only. Commissioner Johnson moved to pass and adopt Resolution #95-41 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson and Garvey. "Nays": None. c) Res. #95-43 - Demolition lien - 506 Cedar St., J.J. Eldridge Sub., Blk. C, part of Lot 32 (McLeod) The City Attorney presented Resolution #95-43 and read it by title only. Commissioner Thomas moved to pass and adopt Resolution #95-43 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson and Garvey. "Nays": None. d) Res. #95-46 - Demolition lien - 1910 Overbrook Ave., Sunset Point 2nd Addition, Blk. G, Lot 63 (Cadwell, Trustee) The City Attorney presented Resolution #95-46 and read it by title only. Commissioner Berfield moved to pass and adopt Resolution #95-46 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson and Garvey. "Nays": None. e) Res. #95-47 - Assessing property owners the costs of mowing or clearing owners' lots The City Attorney presented Resolution #95-47 and read it by title only. Commissioner Berfield moved to pass and adopt Resolution #95-47 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas, Johnson and Garvey. "Nays": None. ITEM #42 - Other City Attorney Items Attorney/Client Session The City Attorney requested an attorney/client session regarding Church of Scientology Flag Service Organizations, Inc. versus the City be scheduled for May 30, 1995 at 9:00 a.m. Consensus was to so schedule. Legal Department Staffing Plan The City Attorney said she will discuss her staffing plan at the May 30, 1995 Work Session. ITEM #43 - City Manager Verbal Reports FOP Memorial Service The City Manager announced the 14th Annual Fraternal Order of Police and Clearwater Police Department memorial service will be held on May 19, 1995, at 10:00 a.m. in Coachman Park. Commission members were invited to attend the ceremony. Proposal regarding downtown music venue City Manager Elizabeth Deptula reported she met with Sal Belloise who discussed establishing a music venue and restaurant downtown. He wanted to arrange a long term lease agreement for eight or nine spaces in the small parking lot on Watterson, north of Cleveland Street. Ms. Deptula noted the parking lot is not heavily used and averages only $648 in annual revenues. The parking lot property is appraised at $227,000. Commissioner Thomas requested additional detail and asked that a discussion of this issue be scheduled during a Work Session. Staff support of Downtown Development Board The City Manager reported that Elise Winters of the DDB (Downtown Development Board) had indicated the DDB was unable to arrange for volunteer help to provide their own bookkeeping services. Ms. Deptula noted the Commission had directed City staff to no longer support the DDB after June 1, 1995. She had recommended the DDB approach the Chamber of Commerce for help. Ms. Winters requested the City reconsider their direction and offered to pay for the service. Ms. Deptula said DDB’s account requires approximately two hours of staff time a month and noted the City charges the CRA for similar services. Commissioner Thomas said the Commission wanted the DDB to become independent. Commissioner Johnson noted the DDB was originally approved by the Commission and recommended the City provide support. He agreed the DDB should be charged for staff time. The Mayor said it would be reasonable for the DDB to pay for this service if staff can handle the request. Commissioner Berfield questioned why the DDB was unable to find volunteer help. The City Manager said the DDB handles taxpayers’ money and wanted to be responsive to that issue. They felt the City offers accountability. Ms. Deptula said special checks could be printed that indicate the DDB is an agency separate from the City. Commissioner Berfield said the City has gone overboard in working with the DDB. She pointed out that the Commission had given them a month to get their affairs in order. She noted the DDB has a banker on their board and felt the board can handle this responsibility. She recommended extending the present arrangement for one month. Commissioner Thomas agreed the DDB should become independent of the City. The majority agreed staff should provide the DDB with 30 more days of support after which time the DDB is to become independent of the City. City Manager absence The City Manager announced she would be attending a seminar in Canada regarding tourist destinations next week. ITEM #44 - Commission Discussion Items City Attorney Pam Akin reported no City Commission rules address the replacement of Commissioner Dallman, who resigned. According to the City Charter, the City Commission should appoint a new Commissioner within 30 days. If one is not appointed within 60 days, a special election needs to be held. Ms. Akin reported a special election is already scheduled for October. She recommended the following based on Robert’s Rules of Order: The Commission should establish the date at which the nominations will be taken and the vote held and establish any requirements it has of the nominees. At the time established: 1) The Chair will open nominations; 2) No second is required for nominations; the Chair may also nominate; 3) No person may submit a second nomination until each person desiring to nominate has done so; 4) Nominations will be closed by the Chair when the Commissioners have concluded the nominations; 5) Each nominee will be voted on in the order nominated; and 6) Voting will cease when a nominee receives at least three positive votes. No tie breaking mechanism presently exists, Ms. Akin indicated the Commission could adopt one before establishing a process. Commissioner Berfield questioned if the City Commission is obligated to attempt to appoint a replacement. The City Attorney said according to the Charter, they are. The Mayor felt it would be a disservice to Clearwater’s citizens if the Commission opts out of the process. Commissioner Johnson agreed the Commission has the responsibility to appoint a qualified individual and indicated he was ready to make that appointment tonight. Commissioner Berfield said she was not ready to make a decision tonight. Commissioner Fitzgerald nominated former Commissioner Richard Fitzgerald to provide the Commission with continuity. Commissioner Thomas nominated his mother-in-law. Commissioner Berfield reiterated that she was not prepared to make a decision now. The City Attorney said, according to the recommended procedure, the Mayor is responsible for closing the nominations. According to Commission rules, the Mayor cannot actively nominate nor second a nomination. Commissioner Berfield recommended agreeing on a procedure and deciding minimum qualifications before accepting nominations. The Mayor questioned if she had to close nominations tonight. The City Attorney indicated that action can be postponed. Commissioner Thomas moved to accept the City Attorney’s proposed procedures and to schedule nominations and a vote for June 15, 1995. The motion was duly seconded. The Mayor disagreed and said the nominations should be made before that date. Upon the vote being taken, Commissioners Berfield and Thomas voted “Aye”; Commissioner Johnson and Mayor Garvey voted “Nay.” Motion failed. Commissioner Johnson questioned if his nomination of former Commissioner Fitzgerald was out of order. The City Attorney recommended the Commission establish a specific time to accept nominations. The Mayor expressed concerns regarding voting on the same day nominations are accepted and felt it would be better to review nominations before the day of the vote. The City Attorney said the Commission can establish the procedure and schedule separate dates for the two actions. Commissioner Johnson suggested a quick decision should be made for the sake of the City and the voters. The Mayor noted if an agreement is not reached on June 15, 1995, a special meeting will need to be scheduled. Commissioner Johnson said he was disappointed the Commission could not reach a decision on this matter tonight. Commissioner Thomas proposed nominating a candidate by motion, having it seconded and then voting on the motion. Commissioner Johnson questioned if the nomination must be seconded. The City Attorney said what Commissioner Thomas is proposing has been the procedure previously used by the Commission. She indicated she could draft a rule and bring it back to the Commission for approval. Commissioner Johnson questioned if a vote could be taken tonight. The City Attorney said the Commission needs to agree on a procedure. Commissioner Johnson moved to appoint Richard Fitzgerald to the Commission seat vacated by Michael R. Dallmann, until an election for the seat is held at the special election in October. There was no second. The Mayor recommended each Commissioner submit a list of names. Commissioner Thomas suggested adopting the rules recommended by the City Attorney, setting the vote for June 15, 1995. The Mayor recommended scheduling a meeting before June 15, 1995. A special meeting to address the nomination and election of a replacement for Commissioner Dallmann was scheduled for June 13, 1995 at 6:00 p.m. in Chambers. Commissioner Berfield questioned if closure is not reached at the June 13, 1995 meeting, can the process be continued to the June 15, 1995 meeting. The City Attorney indicated the discussion could be postponed. Commissioner Thomas questioned if new candidates could be nominated if the matter is postponed. The City Attorney said the process could be reopened. Commissioner Thomas felt the public should choose the replacement and said he preferred going to special election. Commissioner Berfield questioned if the special election in October could be rescheduled for an earlier date. Ms. Rice indicated the Supervisor of Election requires 16 weeks’ notice. The City Attorney indicated staff cannot move sooner on ballot questions scheduled for that election. The City Attorney said a notice of the special rule of order was needed for filling the vacancy. She indicated she would fax Commissioners a copy of the rule when it is drafted. The Mayor questioned if she would be allowed to make nominations. Commissioner Thomas suggested she can submit names. Commissioner Johnson questioned if the Mayor can step down to make a motion. The City Attorney said she could if the rule is suspended at the meeting by a two-thirds vote. In response to a question, the City Attorney said the nomination will be voted on in the order they are presented. ITEM #45 - Other Commission Action Commissioner Thomas reported he will be unable to attend the June 1, 1995 meeting. Commissioner Berfield referred to the Seminole boat ramp and questioned if the “no wake” zone had been extended. Staff will address. Commissioner Berfield referred to a letter she received at home from former staff member Mike Roy regarding C-View 35. The City Manager indicated a response is being prepared. Mayor Garvey requested staff input regarding the St. Vincent de Paul Soup Kitchen scheduled for discussion at the May 30, 1995 Work Session. A special meeting was scheduled for June 5, 1995 at 7:00 p.m. in Chambers to address the beach and tourism issues. ITEM #46 - Adjournment The meeting adjourned at 11:03 p.m.