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06/01/1995 CITY COMMISSION MEETING June 1, 1995 The City Commission of the City of Clearwater met in regular session at City Hall, Thursday, June 1, 1995 at 6:00 p.m., with the following members present: Rita Garvey Mayor/Commissioner Sue A. Berfield Vice-Mayor/Commissioner J. B. Johnson Commissioner Absent: Fred A. Thomas Commissioner 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 Rich Baier City Engineer Cynthia E. Goudeau City Clerk Patricia Sullivan Board Reporter The Mayor called the meeting to order. The invocation was offered by Reverend Dennis MacAleer of Trinity Presbyterian Church. 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 Proclamation: Safety Awareness Week - June 04- 10, 1995 ITEM #5 - Presentations a) Community Relations Board - Annual Report Reverend Herbert Freitag, chair of the Community Relations Board, reported the board met four times last year. The board’s purpose is to help the City’s professional staff resolve discrimination. The number of cases has decreased. He said the excellent, efficient staff was able to handle most of the 300 cases filed. Reverend Freitag said the board has taken a pro-active approach in community involvement to discourage discrimination. They are trying to become more involved in other groups working to prevent discrimination and bigotry. He hoped their increased liaison efforts will reduce redundancy and prevent problems before they arise. Reverend Freitag was convinced fewer cases of discrimination occur in Clearwater than in other communities because the Community Relations Board exists and board members take a pro-active role. He said he is consistently impressed by the staff’s professionalism. b) Res. #95-54 - declaring June 1995 as Hurricane Awareness Month The City Manager recognized Fire Marshal Jim Goodloe, Coordinator of Emergency Services. The City Attorney presented Resolution #95-54 and read it by title only. Commissioner Berfield moved to pass and adopt Resolution #95-54 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Johnson and Garvey. "Nays": None. Absent: Thomas ITEM #6 - Approval of Minutes Commissioner Johnson moved to approve the minutes of the regular meeting of May 18, 1995, as corrected by the City Clerk and the special meeting of May 18, 1995, 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 requested Sunsets at Pier 60 be allowed to provide concessions until a new Pier 60 park concession stand is constructed. He proposed to have concessions offered between 9:00 a.m. and 9:00 p.m., seven days a week. He said the number and types of articles sold will be limited and a process can be developed with the Harbormaster. He said the concessions will not compete with beach restaurants. Consensus was to handle this request administratively. PUBLIC HEARINGS ITEM #8 - (Cont. from 5/18/95) 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: City retaining a 17' drainage & utility easement over westerly side of the vacated r-o-w; a 15' drainage & utility easement along the north side of vacated r-o-w; and applicant providing an easement for relocated water line (Maxwell, V94-15) The applicant requests the City to vacate the Carolyn Lane right-of-way to build a single family home by combining the vacated right-of-way with part of the applicant’s adjacent property. When vacated, the west half of the right-of-way initially would revert to the property owner to the west and the applicant would obtain that land to make a buildable lot. The property owner to the west provided a letter stating no objection to the construction of a home on the lot. The City has a six-inch water main and eight inch sanitary sewer main within the right-of-way. The request was reviewed by various City departments/divisions concerned with vacations. The applicant has placed $9,888.27 in escrow to address Engineering Services’ requirement to relocate the existing six-inch water main at applicant’s expense. Engineering also requires that the west 17 feet and the north 15 feet be retained as a drainage and utility easement and a 18-foot drainage and utility easement be granted to the City over the relocated water main. The Central Permitting Director has no objections provided the applicant submits an application for an administrative lot division and the concerns of Engineering Services are met. No other departments had objections. Florida Power and General Telephone have no objections provided a 10-foot easement is granted over the north end of Carolyn Lane. Vision Cable does not object to the proposed vacation. The City Attorney stated, according to her preliminary research in response to questions raised at Monday’s Work Session, the City cannot sell rights-of-way. She will further research how the County handles similar requests. Central Permitting Director Scott Shuford said, based on tax receipts, the subject property would yield $400 annually to the City in property taxes if developed as a single family residence. Commissioner Berfield moved to approve the vacation of the 60-foot north/south right-of-way of Carolyn Lane, lying north of Sandy Lane as shown on the plat Highland Estates of Clearwater first Addition together with the vacation of the three-foot utility easement lying along the west side of Lot 1, Blk. “F,” Highland Estates of Clearwater first Addition, subject to the City retaining a 17-foot drainage & utility easement over the westerly side of the vacated right-of-way, a 15-foot drainage & utility easement along the north side of vacated right-of-way, and the applicant providing an easement for the relocated water line. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5818-95 for first reading and read it by title only. Commissioner Berfield moved to pass Ordinance #5818-95 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Johnson and Garvey. "Nays": None. Absent: Thomas Commissioner Berfield requested the City Attorney review County procedures for possible City application. ITEM #9 - Public Hearing & First Reading Ords. #5826-95, #5827-95 & #5828-95 - Annexation, Land Use Plan Amendment to Residential Low & RS-4 Zoning for property located at 1812 Brentwood Dr., Lake Lela Manor First Addition, Lot 8, 0.36 acres m.o.l. (Jeffrey & Kolleen Elliott, A95-05, LUP95-06) The subject property, one block north of Lakeview Road, is on the north side of Brentwood Drive approximately 370 feet east of Keene Road. The applicants wish to annex to obtain City sewer service. The street in front of the property is in the City. The Countywide Future Land Use Plan Classification for the property and others in the area in the County, is Residential Low. Nearby properties in the City have a Countywide Future Land Use Plan Classification of Residential Urban. It is proposed to assign the applicants’ property a Future Land Use Plan Classification of Residential Low and a zoning of Single-Family Residential “Four,” the same zoning assigned to lots in the block already in the City. On May 16, 1995, the Planning & Zoning Board unanimously endorsed the proposed annexation. Commissioner Johnson moved to approve the petition for Annexation, Future Land Use Plan Amendment to Residential Low, and Zoning Atlas Amendment to Single-Family Residential “Four” for Lot 8, Lake Lela Manor, First Addition. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5826-95 for first reading and read it by title only. Commissioner Johnson moved to pass Ordinance #5826-95 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Johnson and Garvey. "Nays": None. Absent: Thomas The City Attorney presented Ordinance #5827-95 for first reading and read it by title only. Commissioner Berfield moved to pass Ordinance #5827-95 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Johnson and Garvey. "Nays": None. Absent: Thomas The City Attorney presented Ordinance #5828-95 for first reading and read it by title only. Commissioner Johnson moved to pass Ordinance #5828-95 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Johnson and Garvey. "Nays": None. Absent: Thomas ITEM #10 - Public Hearing & First Reading Ords. #5829-95, #5830-95 & #5831-95 - Annexation, Land Use Plan Amendment to Residential Urban & RS-8 Zoning for property located at 3016 Carolina Ave., Bay View City Sub., Blk. 5, Lot 8 & abutting alley to N & abutting r-o-w of Carolina Ave., 0.15 acres m.o.l. (Jeffrey & Billie Wilkerson, A95-06, LUP95-07) The subject property, on the north side of Carolina Avenue, is one street north of Gulf-to-Bay Boulevard between Bayview Avenue and Meadow Lark Lane. The applicants wish to annex to obtain City sewer service. The properties to the north, south and east are in the City. The property on the north side of Carolina Avenue has a Countywide Future Land Use Plan Classification of Residential Urban. Residential property north of Carolina Avenue in the City is zoned Single-Family Residential “Eight.” It is proposed to assign these classifications to the applicants’ property. The north half of Carolina Avenue in front of the property and the abutting alley north of the property are in the County. It is proposed to annex these rights-of-way with the property. On May 16, 1995, the Planning & Zoning Board unanimously endorsed the proposed annexation. Commissioner Berfield moved to approve the petition for Annexation, Future Land Use Plan Amendment to Residential Urban, and Zoning Atlas Amendment to Single-Family Residential “Eight” for Lot 8, Block 5, Bay View City Subdivision together with the abutting right-of-way of Carolina Avenue and the abutting alley to the north. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5829-95 for first reading and read it by title only. Commissioner Berfield moved to pass Ordinance #5829-95 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Johnson and Garvey. "Nays": None. Absent: Thomas The City Attorney presented Ordinance #5830-95 for first reading and read it by title only. Commissioner Johnson moved to pass Ordinance #5830-95 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Johnson and Garvey. "Nays": None. Absent: Thomas The City Attorney presented Ordinance #5831-95 for first reading and read it by title only. Commissioner Berfield moved to pass Ordinance #5831-95 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Johnson and Garvey. "Nays": None. Absent: Thomas ITEM #11 - Public Hearing & First Reading Ords. #5832-95, #5833-95 & #5834-95 - Annexation, Land Use Plan Amendment to Residential Low & RS-6 Zoning for property located at 2965 Sunset Point Rd., Sec. 5-29-16, M&B 14.17, 1.02 acres m.o.l. (Allen, Jr. & Ann McMullen, A95-07, LUP95-08) The subject property on the south side of Sunset Point Road is just west of its intersection with Abbey Lake Road. The applicants wish to annex to obtain City sewer service. The property to the south (Castle Woods) is in the City and is zoned Single-Family Residential “Six.” The applicants’ property has a Countywide Future Land Use Plan Classification of Residential Low and is zoned Single-Family Residential “Six.” It is proposed to assign the property a City Future Land Use Classification of Residential Low and zoning of Single-Family Residential “Six.” On May 16, 1995, the Planning & Zoning Board unanimously endorsed the proposed annexation. Commissioner Johnson moved to approve the Petition for Annexation, future Land Use Plan Amendment to Residential Low, and Zoning Atlas Amendment to Single-Family Residential “Six” for Part of Sec. 5-29-16; M&B 14/17. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5832-95 for first reading and read it by title only. Commissioner Johnson moved to pass Ordinance #5832-95 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Johnson and Garvey. "Nays": None. Absent: Thomas The City Attorney presented Ordinance #5833-95 for first reading and read it by title only. Commissioner Berfield moved to pass Ordinance #5833-95 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Johnson and Garvey. "Nays": None. Absent: Thomas The City Attorney presented Ordinance #5834-95 for first reading and read it by title only. Commissioner Johnson moved to pass Ordinance #5834-95 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Johnson and Garvey. "Nays": None. Absent: Thomas ITEM #12 - Public Hearing & First Reading Ord. #5821-95 - LDCA re Outdoor cafes and sidewalk vendors (LDCA94-13) The City Commission has reviewed this ordinance several times. The Commission previously directed staff to include pedestrian areas of shopping centers and to exclude public sidewalks. This ordinance allows as an accessory use to restaurants, outdoor cafes that could be located on private property immediately adjacent to the street on Clearwater beach in the Beach Commercial and Resort Commercial districts, in the North Greenwood Commercial district, the Commercial Center district and the Urban Center district and in the pedestrian areas of shopping centers and pedestrian malls in each of the above districts as wells as the General Commercial and Highway Commercial districts. Outdoor cafes will be located adjacent to public sidewalks on private property. This proximity will allow additional business opportunities while promoting pedestrian-level interest. Sidewalk vendors would be allowed only in public park areas or immediately adjacent to public parks in the Urban Center district (downtown). Requirements, similar to those for outdoor cafes, are provided for sidewalk vendors to ensure safety and adequate pedestrian access, besides protecting surrounding property owners and the public from litter, noise and other potential problems. The “marketing plan” for sidewalk vendors has been distributed and includes guidelines used by the Community Redevelopment Director to allow the establishment of vendors in a way that meets City goals. The Clearwater Beach Association has recommended allowing vendors in limited circumstances on Clearwater beach. Considering past resistance to vendors outside specific public downtown parks, staff did not include that provision in the ordinance. Mr. Shuford said restaurants that open outdoor cafes according to established policies and restrictions will be granted parking incentives. Sidewalk vendors will be restricted to public parks downtown. Vendors currently are allowed as a permitted use. New language is more specific and requires an agreement with each vendor. An outdoor cafe would be permitted at the Harborview Center where it might be a nice amenity. Commissioner Johnson questioned if businesses can request variances to sell alcohol or food on sidewalks. Mr. Shuford said sidewalk cafes can be approved through the conditional use process. Seating on public sidewalks will not be permitted and proximity to residential uses will require a variance. He pointed out the City Commission controls the Harborview Center and must approve all uses on that public property. Kim Cooper, owner of the espresso vending cart in Station Square Park, supported the proposed ordinance. He expressed pride in being part of the revitalization of downtown. He noted a discrepancy regarding the hours of operation permitted in the rules versus the ordinance. He recommended the ordinance’s language permit vendor operations between 6:00 a.m. and 10:00 p.m. He also suggested establishing rules limiting set up times as that action can be unsightly. Mr. Shuford indicated the agreement standards could be modified to address this concern. Bob Tankle, representative for Surf West, Inc. which operates the Ritz cafe, said he supported the proposed ordinance. He referred to section 41.221 regarding the prohibition of outdoor cafe seating in parking areas. He stated the code does not contain a definition of a parking area. He noted the cafe he represents is located in a nonconforming structure with backout parking in front. He suggested those parking spaces could be used for an outdoor cafe. He said on Saturday evenings, the restaurant is full while many parking spaces remain empty. Mr. Shuford suggested this issue be addressed through a parking variance rather than changing the ordinance. Commissioner Berfield expressed concern that servers not wait on patrons from a public sidewalk. Mr. Shuford said the ordinance does not address that matter. The City Attorney did not know if that change would be considered substantial. She recommended continuing the item. Commissioner Johnson agreed the City wants to avoid additional liability. Mayor Garvey stated all restrictions need to be specified in the ordinance. Commissioner Berfield moved to continue this item until June 15, 1995. The motion was duly seconded and carried unanimously. ITEM #13 - Public Hearing & First Reading Ords. #5823-95, #5824-95 & #5825-95 - LDCA's re Neon signs & lighting, illuminated area of sign structures, and size of sign structures (LDCA95-13, 95-14, & 95-15) Ordinance #5823-95 regulates neon lighting. The ordinance is directed at neon lighting not related to the architectural features of a building, such as neon “palm trees.” Staff did not previously recommend this type of regulation and the Commission agreed, as long as no proliferation of this type of lighting occurred. The majority of the Commission now feels proliferation is occurring. Commissioner Johnson requested clarification of neon signage. Mr. Shuford explained this ordinance would limit the use of neon to defining a building’s architectural features. Current signage would be exempt and no new nonconforming uses would be permitted. Commissioner Johnson questioned if merchants can request a variance for non-permitted uses of neon. Mr. Shuford said they could apply. Commissioner Berfield questioned if current neon signage that does not conform to the new regulations can be replaced when needed. Mr. Shuford said the replacement would need to conform to regulations or the merchant could seek a variance. The City Attorney presented Ordinance #5823-95 for first reading and read it by title only. Commissioner Berfield moved to pass Ordinance #5823-95 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Johnson and Garvey. "Nays": None. Absent: Thomas Ordinance #5824-95 is directed at the illuminated area of sign structures other than the sign “face.” The ordinance is intended to regulate signs such as the Church’s sign on Gulf-to-Bay Boulevard, the Century 21 sign on Court Street, and the McDonald’s signs on Gulf-to-Bay and Missouri Avenue. Staff has supported this regulation in the past. The City Attorney presented Ordinance #5824-95 for first reading and read it by title only. Commissioner Johnson moved to pass Ordinance #5824-95 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Johnson and Garvey. "Nays": None. Absent: Thomas Ordinance #5825-95 is intended to regulate the size of sign structures and address signage such as the Second Chance Auto sign on Gulf-to-Bay and the Cypress Point shopping center on US 19N. Staff previously recommended against restricting the size of sign structures since desirable signs such as the Cypress Point shopping center and the Clearwater beach Ramada Inn would not be allowed, except thought the variance process. The City Attorney presented Ordinance #5825-95 for first reading and read it by title only. Commissioner Berfield moved to pass Ordinance #5825-95 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Johnson and Garvey. "Nays": None. Absent: Thomas ITEM #14 - Public Hearing & First Reading Ord. #5819-95 - Amending Sec. 35.11, to revise the definition for congregate care (LDCA95-09) Staff has identified a “quirk” in the code regarding congregate care facilities. The current definition seems to imply that a congregate care facility can only be a single building. Some congregate care facilities in the City contain multiple buildings. Under State law, congregate care facilities may have multiple buildings. This ordinance would correct this inconsistency. The Planning & Zoning board reviewed this ordinance and has recommended approval. Commissioner Berfield moved to approve the Land Development Code amendment concerning revisions to the congregate care definition. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5819-95 for first reading and read it by title only. Commissioner Berfield moved to pass Ordinance #5819-95 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Johnson and Garvey. "Nays": None. Absent: Thomas ITEM #15 - (Cont’d from 04/06 & 05/04/95) Public Hearing - Vacating section of Wood Drive right-of-way, from Smallwood Circle to Rosemere Road (LeConche, V95-05) Staff still is working with the applicants to obtain appropriate easement. Commissioner Berfield moved to continue this item until June 15, 1995. The motion was duly seconded and carried unanimously. Public Hearing - Second Reading Ordinances ITEM #16 - Ord. #5836-95 - Relating to the Land Development Code; amending various sections; to provide a definition of "Development Review Committee" (DRC); to delete formal ordinance requirements relating to the composition & powers of the DRC; to delete requirement for receipt and referral of annexations, subdivision plats, site plans, zoning atlas amendments and comprehensive land use plan amendment, except for subdivision plats & site plans above a specified area; to require the posting of properties which are the subject of proposed site plans & subdivision plats; to establish revised submission requirements for planned development concept plans, and for conditional use permit and variance site plans; to authorize the Development Code Administrator to certify site plans & subdivision plats; to authorize the City Manager to determine whether to require the conveyance of land, payment of cash, or a combination thereof to satisfy the recreation land impact fee and open space impact fee Commissioner Johnson referred to Sec. 37.21(1) and questioned the procedure should the Planning & Zoning Board turn down the request. Mr. Shuford said the process will start with Planning & Zoning Board review and will continue to the City Commission for approval even if the Planning & Zoning Board recommended denial. Commissioner Berfield expressed concern the City may be held liable if the Commission requests changes after a plan has gone through the process. Mr. Shuford said, under current procedures, many preliminary site plans require detailed changes prior to final approval which cause complications. The new procedure requires all details up front. If a planned development is changed following review by the Planning & Zoning Board, the development must return to the Planning & Zoning Board for another review. The City Attorney said under the proposed changes, the City would have no more liability than it does currently. The City Attorney presented Ordinance #5836-95 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #5836-95 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Johnson and Garvey. "Nays": None. Absent: Thomas ITEM #17 - Ord. #5837-95 - Amending Sec. 36.035, to clarify duties of the Development Code Adjustment Board (DCAB), amending Secs. 45.02, 45.21, 45.23 & 45.25, to provide for consideration of sign variances by the DCAB Item was withdrawn on first reading on May 18, 1995. ITEM #18 - Ord. #5840-95 - amending Ord. #5815-95 , Sec. 2, powers of the Agency and City Commission (re Enterprise Zone Development Agency - EZDA) Commissioner Johnson requested clarification of the ordinance. The City Attorney explained the powers were divided into two sections with administrative powers granted to the Enterprise Zone Development Agency (EZDA) and financial powers granted to the City Commission. She said this division of powers addressed concerns expressed by the City Commission. 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, Johnson and Garvey. "Nays": None. Absent: Thomas ITEM #19 - Special Items of widespread public interest - None. ITEM #20 - Citizens to be heard re items not on the Agenda Bob Bickerstaffe questioned why the opening of the Harborview Center has been delayed. Assistant City Manager William Baker indicated the Center has always been and is on schedule to open January 1, 1996. He stated staff at one time had hoped to open in December, but that cannot be done. John Doran complimented the international flags flying downtown. For beach redevelopment, he requested consideration of neighborhood indicators such as signs or banners as recommended by Scott Shuford. CITY MANAGER REPORTS CONSENT AGENDA (Items #21-37) - Approved as submitted ITEM #21 - Contract for lot mowing and debris removal to Interbay Landscape Services, Clearwater, FL, for the period 06/02/95 -06/01/96, for $49,000 (CRT) ITEM #22 - Contract for remodeling of Gas Administration and Operations Center Buildings, located at 400 N. Myrtle Ave., to Design Wise Building, Clearwater, FL, at an estimated $162,550; contract for a TECO Chill air cooled gas driven engine condensing unit chiller to G. L. Spies, for an estimated $54,500, for a total estimated $217,050 (GAS) ITEM #23 - Purchase of estimated requirements for yellow 2306 polyethylene gas pipe & fittings to: M. T. Deason Co., Inc., Birmingham, AL, at an estimated $266,454.75; Equipment Controls Co., Norcross, GA, at an estimated $205,003.86; and Perfection Corp., Madison, OH, at an estimated $31,070, for the period 06/15/95 -06/14/96, for a total estimated $502,528.61 (GAS) ITEM #24 - Agreement with the School Board of Pinellas County for the City to utilize Pinellas County School Buses, for the period 06/01/95- 05/31/96, for $0.90 per mile plus $12.50 per hour, for a total estimated $8,800 (PR) ITEM #25 - Agreement with Southgate Mobile Home Park, Inc., authorizing installation of emergency standby water service connection (PW) ITEM #26 - Contract for Marina Fishing Pier to Inter-Bay Marine Construction Co., Largo, FL, for $122,422.45 (EN) ITEM #27 - Approve Letter of Understanding with FDOT to define responsibilities & funding for project design of Drew Street Widening, from Highland Ave. to NE Coachman Rd. (EN) ITEM #28 - Accept Quit-Claim deed, dated 03/22/95, from Joanne C. Episcopo conveying all her right, title & interest in Lot 9, Blk. A, Norwood Sub., a/k/a 600 Marshall St., to the City for $10 & other consideration including City forgiveness of Certificates of Indebtedness in the estimated amount $933 as of 05/31/95, City payment of 1994 & current year ad valorem taxes in the approximate amount $102 as of 05/31/95, and City payment of State documentary stamps & recording fees of $30.50, for a total estimated $2,170 (EN) ITEM #29 - Accept Contract for Purchase of Real Property from Lois Y. Hamlin, Bassadena Sub., Blk. D, Lots 1-3 & 52 and N 10.6' of Lot 51, for purchase price $59,000; approve forgiving accrued interest not to exceed $800 due from 11/04/94 through 07/31/95 on City demolition liens against said real property; pay 1995 ad valorem taxes due to day of closing, estimated $690 through 07/31/95; pay environmental audit & testing expenses maximally estimated $3,500; and boundary survey & closing costs, estimated $600 - for a total estimated $63,790 (EN) ITEM #30 - Purchase a 100-ton stationary truck scale for the Solid Waste Department from Dickey Scales, Inc., Tampa, FL, for $43,747 (SW) ITEM #31 - Receipt/Referral - LDCA re North Greenwood Commercial District (LDCA95-11) (CP) ITEM #32 - Receipt/Referral - Annexation, Land Use Plan Amendment to Residential Low & RS-8 Zoning for property located at 1528 Stevensons Dr., Stevenson's Heights, Blk. A, Lot 20 (Rowe, A95-12, LUP95-14) (CP) ITEM #33 - Receipt/Referral - Annexation, Land Use Plan Amendment to Residential Low & RS-8 Zoning for property located at 1317 Woodbine St., Pine Ridge Sub., Blk. C, Lot 5 (New Zion Missionary Baptist Church, A95-13 LUP95-15) (CP) ITEM #34 - Agreement with James C. Massie, extending lobbyist services for the period 06/26/95- 06/25/96, for $17,064 plus reasonable and necessary out-of-pocket expenses (CM) ITEM #35 - Sanitary Sewer Lien Agreement - 1737 Evans Dr., Virginia Grove Terrace 4th Add., Lot 21 and N 15' of Lot 22 (Purdue) (CA) ITEM #36 - Easement to clear title for property commonly known as the "Sludge Farm" (CA) ITEM #37 - Approve City Attorney Staffing Plan to add 1 full-time attorney, 1 part-time attorney, 1 paralegal and 1 receptionist (CA) Commissioner Berfield 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 #38 - Res. #95-48 - providing for the defeasance and redemption of a portion of the Public Service Tax and Bridge Revenue Bonds, Series 1985 (FN) When the Public Service Tax and Bridge Revenue Bonds, Series 1985 were issued, proceeds benefitted the Bridge (40.54%), Parking (26.39%), Gas (2.28%), and General (30.79%) Funds. Payment of principal and interest is made from each fund in the same proportion. The bond issue requires the City to redeem (pay the bonds early) or defease the bridge portion of the bonds before disposing of the bridge and related toll revenues. Defeasance can be accomplished by placing sufficient cash and/or federal securities in an irrevocable escrow to pay all principal and interest payments until maturity or to an early redemption date. It is estimated the bridge will close in August 1995. Since the bonds are not redeemable until December 1, 1995 (at a 2% premium), defeasance is the only alternative. On the earliest call date, December 1, 1995, the City will direct the Paying Agent to redeem the allowable portion of these bonds which pay 8.3% - 9.125%. The City may need to hold some of the bonds to maturity, along with prior purchased investments, due to legal constraints because issue proceeds refunded prior bond issues. In 1988, a seven-year plan was developed to provide adequate funds to defease $1,714,882.23, the outstanding bridge portion of this debt. Following this transaction, approximately $1-million, accumulated in the Bridge Fund, will remain. Because only 40.54% of each maturity is attributed to the bridge, some parking bonds will also be defeased/redeemed to defease/redeem bonds in whole denominations or as parking funds are determined available. The City Manager indicated the bonds will be called in December if the bridge is not closed before that date. She anticipates the bridge will be closed in August 1995. Commissioner Berfield moved to provide for the defeasance and redemption of a portion of the Public Service Tax and Bridge Revenue Bonds, Series 1985 and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #95-48 and read it by title only. Commissioner Berfield moved to pass and adopt Resolution #95-48 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Johnson and Garvey. "Nays": None. Absent: Thomas ITEM #39 - Res. #95-31 - increasing current fees for rental of certain public buildings, recreation buildings, the Bandshell, swimming pools and athletic fields; Rescind Res. #90-49, 91-47 & 93-71, on the same subject; authorize City Manager or her designee to establish and adjust rental fees in the future (PR) Fees are charged for rental of certain public facilities including: 1) public buildings: a) the City Hall Annex community room; b) Memorial Civic Center; and c) Sailing Center; 2) recreation buildings - Martin Luther King Center; 3) the Bandshell; 4) athletic fields; and 5) swimming pools. Under Resolution #95-31, some rental fees are increased to recover escalating direct costs for personnel salaries, utilities and capital replacements. If the rates are approved, the Parks & Recreation Department annual rental revenue will increase from $30,875 to approximately $42,900. The resolution also establishes rental charges for Clearwater Beach Recreation Center social hall, the Countryside gymnasium currently under construction, Moccasin Lake Nature Park classroom, and individual recreation center rooms. A revised base fee for swimming pools was established to meet user requests to rent part of a pool for a limited time. This resolution includes a base fee of $5 per lane, plus hourly costs, for partial use of swimming pools. It is recommended that the City Manager or designee have the authority to establish and adjust rental fees in the future. This flexibility will permit the adjustment of rental fees to respond to additional revenue opportunities. Staff may be able to increase revenue through creative programming efforts to rent usable space. Currently, the City Commission must approve a resolution to adjust rental rates. Mayor Garvey expressed concern that the Commission remain apprised of all fee increases initiated by the City Manager. The City Manager said the City Commission is advised by memorandum and budget memorandum when a fee is increased. She said a more formal notification could be arranged. Commissioner Berfield agreed she would like advance notice. Consensus was to update the policy book to provide the Commission with advance notice of fee increases. Commissioner Johnson moved to increase the current fees for the rental of certain public buildings, recreation buildings, the bandshell, swimming pools and athletic fields and rescind resolutions 90-49, 91-47 and 93-71, on the same subject and authorize the city Manager or her designee to establish and adjust rental fees in the future and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #95-31 and read it by title only. Commissioner Johnson moved to pass and adopt Resolution #95-31 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Johnson and Garvey. "Nays": None. Absent: Thomas ITEM #40 - Assignment of Lease from the PGA Tour Associates-I, Ltd. (PGA) to MJM Golf Enterprises, Inc., for the PGA's interest as "Lessee" under Lease dated 11/12/85, between the Chi Chi Rodriguez Youth Foundation (Lessor) and the PGA (Lessee) (PR) The City Manager announced this item was pulled from the agenda at the request of the Foundation’s attorney due to a conflict. ITEM #41 - Authorize proceeding with acquiring cooperative funding to support continued development of environmental planning studies & projects; approve Environmental Management Group Five Year Capital Watershed Plan and Water Resource Project Summary Document for FY 1995/96 (EN) Since its creation in 1990, the Environmental Management Group has developed a program to implement environmental measures consistent with the City Comprehensive Plan and State and federal programs. The plan’s studies and projects focus on water quality and habitat restoration to improve the urban environment. The five-year plan is updated annually for Commission review and approval. Early each fiscal year, State agencies accept cooperative funding requests for planned environmental projects. With approval of this program, staff can continue seeking project approvals and funding from State and federal sources. Other program elements anticipate City funding via accumulated Stormwater Utility Fees. Fourteen major Capital Improvement Program (CIP) projects and studies are being developed by Environmental Management. New projects include: 1) Clearwater Harbor Water Quality Improvement Feasibility Project; 2) Clearwater Water Quality Research and Monitoring Program; 3) Clearwater Mall Stormwater Treatment Retrofit Project; 4) Downtown Clearwater Regional Treatment Lake Project; 5) Gabion Water Quality Demonstration Projects; and 6) Mullet and Bishop Creeks Drainage Improvement Project. Total planned expenditures through FY 2000 approximate $3-million, representing a 2% increase over last year’s five-year plan. Many planned water quality improvement projects and watershed management planning are expected to be completed by FY 1997. During the current fiscal year, staff has applied to the State for cooperative funding for Cooper’s Point, Edgewater Drive and the Del Oro Project. Nearly $600,000 of cooperative funding was requested for these projects with a combined cost of $1.2-million. Of $3-million in planned expenditures, staff has obtained a degree of commitment from the State for $2.34-million for watershed planning and project implementation. For every dollar in planned project expenditures, staff has obtained a State funding commitment of $0.75. Approval of this five-year Environmental Planning Summary Document will identify the Commission’s priorities for planned project improvements and does not require commitment of funding. Those approvals are obtained through the FY 1995 Mid-Year budget review process and the FY 1996 Capital Improvement Program (CIP) budget review process. The purpose of this plan is to inform the Commission about current environmental work related to the Stormwater Utility CIP and related alternate funding efforts. Water quality studies and watershed management planning projects include: 1) Allen’s Creek Watershed Management Plan; 2) Alligator Creek Watershed Management Plan; 3) Clearwater Harbor Water Quality Improvement Feasibility Project; and 4) Clearwater Water Quality Research and Monitoring Program. Water quality improvement projects include: 1) Allen’s Creek Experimental Water Quality Treatment Project; 2) Allen’s Creek Maple Swamp Restoration Project; 3) Clearwater Mall Stormwater Treatment Retrofit Project; 4) Del Oro Stormwater Treatment Project; 5) Downtown Clearwater Regional Treatment Lake; 6) Gabion Water Quality Demonstration Projects; and 7) Mullet and Bishop Creeks Drainage Improvement Project. Habitat restoration and improvement projects include: 1) Coopers Point Habitat Restoration and Management Project; 2) Edgewater Drive Habitat Restoration and Water Quality Improvement Project; and 3) Unspecified, Minor Habitat Restoration Projects. The City Manager reported the Environmental Advisory Board will have an opportunity to address this plan prior to CIP decisions. Commissioner Berfield moved to authorize staff to proceed to acquire cooperative funding to support continued development of environmental planning studies and projects, and approve the Environmental Management Group Five-Year Capital Watershed Plan and Water Resource Project Summary Document for FY 1995/96. The motion was duly seconded and carried unanimously. ITEM #42 - Remaining 4 appointments to be made to Design Review Board (DRB) (CP) Commissioner Berfield moved to appoint Mary Mavronicolas as a Clearwater beach property owner or merchant. The motion was duly seconded and carried unanimously. Commissioner Johnson moved to appoint Arthonia Godwin as a North Greenwood property owner or merchant. The motion was duly seconded and carried unanimously. Commissioner Berfield moved to appoint Kathy Milam as an at-large member. The motion was duly seconded and carried unanimously. Commissioner Johnson moved to appoint William J. McCann as an at-large member. The motion was duly seconded and carried unanimously. Commissioner Berfield moved to appoint Kate McCullough to a four-year term. The motion was duly seconded and carried unanimously. Commissioner Johnson moved to appoint Arthonia Godwin to a four-year term. The motion was duly seconded and carried unanimously. Commissioner Berfield moved to appoint Mary Mavronicolas to a three-year term. The motion was duly seconded and carried unanimously. Commissioner Berfield moved to appoint Robert Frederick Herberich to a four-year term. The motion was duly seconded and carried unanimously. Commissioner Berfield moved to appoint Arthur C. Shand to a three-year term. The motion was duly seconded and carried unanimously. Commissioner Berfield moved to appoint Kathy Milam to a four-year term. The motion was duly seconded and carried unanimously. Commissioner Berfield moved to appoint William J. McCann to a three-year term. The motion was duly seconded and carried unanimously. ITEM #43 - Mid-Year Budget (CM) The Mid-Year Budget Review report includes comments on major variances and explanations of proposed amendments. Besides budgetary information required by City Ordinances, special detail includes: a summary of administratively approved change orders; the detailed expenditures budget for the Special Law Enforcement Trust Funds; and Risk Management/Central Insurance Fund settlements. Enterprise Fund mid-year pro-forma statements are included The report is based on six months' activity from October 1994 through March 1995. Some amendments are not proposed until additional data can be analyzed. All Fund operating budgets have been adjusted for employee step and SAMP increases at mid-year. Lump sum increases under the new union contracts will be addressed during the third quarter budget review. At mid-year, anticipated General Fund expenditures exceed anticipated General Fund revenues for the current year by $390,000, and that amount is transferred from General Fund unappropriated retained earnings. General Fund revenues reflect numerous budget amendments. The most significant is a decrease of $356,000 in court fine revenues. Significant budget amendments to General Fund expenditures not already approved by the City Commission include: appropriation of $100,000 to the Capital Improvement Fund to establish a project for microfilming documents; $60,000 to establish a project for the construction of a parking lot for the joint use by the North Greenwood Branch Library and Discovery and Curtis Fundamental schools; and $92,000 to continue the Sign Amortization program through September 1996. The above amendments are provided by savings within the General Fund operating budget. The appropriation of $390,000 from retained earnings is provided for projects previously approved by the Commission, including: funding for a Rehabilitation and Strength facility for the Phillies; the library security system; and furniture and equipment for the Harborview Center. Water and Sewer Fund operating revenues and expenditures are reduced at mid-year due to a decrease in demand. Gas Fund revenues are decreased at mid-year by $449,000 primarily reflecting the mild winter season. Gas Fund expenditures reflect budget decreases of gas inventory purchases due to the mild winter and budget increases for employee step and SAMP adjustments, inventory purchases of line for gas installations, and an increase of $214,388 to fund the Pasco expansion through the end of the fiscal year, which will be reimbursed with the issue of the 1995B Gas Bonds. The increase of Solid Waste revenues by $70,600 at mid-year primarily reflects an increase in anticipated interest earnings based upon actual earnings for the first six months of the year. Stormwater revenues are increased by $81,500 at mid-year primarily to reflect an increase in anticipated interest earnings based upon actual earnings for the first six months of the year. Stormwater expenditures are increased by $55,410 primarily for employee step and SAMP adjustments. Recycling Fund revenues and expenditures are increased at mid-year to reflect increases in the sale of recyclables, partially due to the City’s agreement to market recyclables for the City of Dunedin. Bridge Fund revenues and expenditures are approximately as anticipated at mid-year, with only minor budget adjustments. Marina Fund revenue and expenditures reflect budget increases due to increased gas and oil sales approximately 10% above estimates and related gas inventory purchases. Parking Fund revenues reflect a budget decrease of $87,100 at mid-year due to an anticipated decrease in interest earnings based upon actual earnings for the first six months of the year. Revenues and expenditures reflect the appropriation of Parking Fund retained earnings for the completion of the new Beach Guard Building as approved by the City Commission on May 18, 1995. Program revenues and expenditures are approximately as budgeted for Pier 60 and the Harborview Center. No budget amendments are proposed at mid-year. Significant Internal Service Fund amendments include the appropriation of the Administrative Service Fund’s prior year retained earnings for computer purchases outlined during the recent Technology review. The Garage Fund reflects the appropriation of funding due to employment turnover, capital projects, and unanticipated lease purchase costs. Commissioner Berfield moved to approve the mid year review of the amended City Manager’s Annual Budget Report. The motion was duly seconded and carried unanimously. a) First Reading Ord. #5854-95 - operating budget The City Attorney presented Ordinance #5854-95 for first reading and read it by title only. Commissioner Berfield moved to pass Ordinance #5854-95 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Johnson and Garvey. "Nays": None. Absent: Thomas b) First Reading Ord. #5855-95 - Capital Improvement Program Budget The City Attorney presented Ordinance #5855-95 for first reading and read it by title only. Commissioner Johnson moved to pass Ordinance #5855-95 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Johnson and Garvey. "Nays": None. Absent: Thomas ITEM #44 - Approve Union Contract - CWA (CM) The most recent collective bargaining agreement between the City and the Communications Workers of America (CWA) expired on September 30, 1994. That agreement was a three-year agreement. Since June 24, 1994, City management staff and representatives of the CWA 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 CWA submitted the proposed agreement to its membership who ratified the agreement by majority vote. Major provisions of the contract proposal for the CWA 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; 2) 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 for 40 hour per week employees and 1,463 hours for 37.5 hour per week employees and for all new hires as of October 1, 1995 of 1,214 hours for 40 hour per week employees and 1,138 hours for 37.5 hour per week employees . (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 for 40 hour per week employees and 1,950 hours for 37.5 hour per week employees .); 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) an additional 2.5% step in step progression plan placed at the equivalent of the thirteenth year of the normal step progression retroactive to October 1, 1994; 9) elimination of counting holidays within the employee’s work week as hours worked for overtime purposes; and 10) adoption of “open” certification for promotional exams (eliminates the “rule of five” certification process). The City and Union have agreed to take changes to the Pension Plan to referendum. Those items were discussed with the Pension Trustees on May 18, 1995, in a separate Pension Trustees’ agenda item titled Pension Plan Administrative Budget. Funding of approximately $350,000 is available in the General Fund non-departmental program to fund a portion of the General Fund increases. 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 Johnson moved to approve the collective bargaining agreement as negotiated with the CWA for Fiscal years 1994/95, 1995/96 and 1996/97 and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #45 - Marine Advisory Board - 1 appointment (CLK) Commissioner Berfield moved to appoint David Martens. The motion was duly seconded and carried unanimously. ITEM #46 - Development Code Adjustment Board - 1 appointment (CLK) Commissioner Johnson moved to appoint William L. Johnson. The motion was duly seconded and carried unanimously. ITEM #47 - CNHS (city rep) - 1 appointment (CLK) Commissioner Johnson moved to appoint Howard Groth. The motion was duly seconded and carried unanimously. Commissioner Berfield requested a discussion regarding setting term limits for representatives of the City on non-City boards. ITEM #48 - Other Pending Matters a) Chamber of Commerce Counter Offer Commissioner Johnson questioned what the City intended to do with the Chamber of Commerce building. The City Manager indicated the City has no use for the building which needs a great deal of work. The property may become important for bridge alignment or future development of the bluff. She stated the Chamber of Commerce does not want to invest a great deal of money in the structure if the City may come forward in a couple of years and indicate a need for the property. Mayor Garvey agreed this could be a crucial piece of property needed in the future. She said it would be more expensive to acquire after the Chamber has invested money in renovations. She suggested the Commission make another counter offer. Commissioner Johnson suggested an offer of $300,000. Mr. Baker noted some say the property is worthless because of the reverter clause but felt the City is obligated to pay the Chamber of Commerce something. Commissioner Berfield indicated she would support the suggestion due to the uncertainty regarding the bridge if it is specified as a final offer. Commissioner Johnson moved to offer a maximum of $300,000 as a final offer for the Chamber of Commerce building and property at 128 S. Osceola Avenue. The motion was duly seconded and carried unanimously. CITY ATTORNEY REPORTS ITEM #49 - Resolutions a) Res. #95-55 - Amending the Commission Rules by adopting a special rule of order concerning appointment of a City Commissioner It was noted that all nominations are to be submitted to the City Clerk. Addresses and other information are not required. A list of nominations will be developed by the Clerk and distributed to the City Commission. The City Attorney presented Resolution #95-55 and read it by title only. Commissioner Berfield moved to pass and adopt Resolution #95-55 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Johnson and Garvey. "Nays": None. Absent: Thomas ITEM #50 - Other City Attorney Items a) Settlement Agreement in Church of Scientology Flag Service Organization, Inc. vs. City; consolidated with Americans United for Separation of Church and State, et al. The City Attorney reported a settlement agreement for $635,000 has been reached with the Church of Scientology Flag Service Organization, Inc. and a settlement agreement for $80,000 has been reached with Americans United for Separation of Church and State. The City has agreed to repeal the charitable solicitation ordinance. Commissioner Johnson moved to approve the settlement agreements with the Church of Scientology Flag Service Organization, Inc. and Americans United for Separation of Church and State. The motion was duly seconded and carried unanimously. ITEM #51 - City Manager Verbal Reports - None. ITEM #52 - Other Commission Action Commissioner Berfield requested the status of City franchise agreement negotiations. The City Manager indicated staff will send an update to the City Commission. Commissioner Johnson thanked Lois Cormier for her letters regarding historical actions in Clearwater. He said she is doing a fine job and he appreciated her input to the Commission. ITEM #53 - Adjournment The meeting adjourned at 7:49 p.m.