Loading...
10/19/1995 CITY COMMISSION MEETING October 19, 1995 The City Commission of the City of Clearwater met in regular session at City Hall, Thursday, October 19, 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 William Justice 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 O. Sullivan Board Reporter The Mayor called the meeting to order. The invocation was offered by Father James Rousakis of Greek Orthodox Church of the Holy Trinity. 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 One service award was presented to a City employee. Charles McAbee, Public Works Department, was presented the 1995 Employee of the Year award. ITEM #4 - Introductions and Awards - None. ITEM #5 - Presentations a) Municipal Code Enforcement Board - Annual Report Municipal Code Enforcement Board (MCEB) Member Louise Riley complimented Lt. Jeff Kronschnabl, Special Assistant to the City Manager / Community Response Team (CRT). Because of the CRT's due diligence, fewer cases are brought before the MCEB. She attended a CRT orientation and reported the CRT educates the community regarding codes and works with residents. She said of the 19 MCEB meetings scheduled this year, only 11 were held. Ms. Riley reported Assistant City Attorney Leslie Dougall-Sides is doing a good job and recommended she handle the Hearing Officer duties. Ms. Riley suggested scheduling meetings every other month and noted most meetings only last between 10 and 15 minutes. She again thanked Lt. Kronschnabl and the CRT for doing an excellent job. The Mayor thanked Ms. Riley and the Board for their service. The City Attorney indicated staff is looking at hiring a Special Master for code enforcement. She reported that position cannot be held by staff. b) Marketing/Communications Plan, City of Clearwater, Economic Development Jean Sherry of Pearson, Thomas/LKW presented the plan. She reported her agency had been requested to update a plan from a few years ago. The plan addresses Economic Development, the Community Redevelopment Agency (CRA), Information Management, and Tourism. She said the objectives were to: 1) develop an overall operational structure for the City's marketing programs to be managed through the Department of Information Management (IM); 2) consolidate marketing efforts, as much as is feasible, for the City's Economic Development programs; 3) create a unified identify for all City use, both business and leisure promotion; and 4) aggressively promote, under the City's Economic Development umbrella, to attract new businesses and tourists and to maintain and expand existing businesses. Ms. Sherry suggested a strategy of establishing a theme for the City and architectural standards. She recommended marketing the themeline, CLEARWATER, Florida AND ITS BEACHES. LIKE NO PLACE ELSE IN THE WORLD. She suggested a customized literature package could be developed that allows the inclusion of information pertinent to a request. She said the proposed video, Internet, hyperlinking and public relations are key in all parts of marketing. She said the plan addresses each area in detail with timelines. Ms. Sherry noted the CRA primarily deals with a 20-year plan. The City is concentrating on retaining and expanding existing businesses. C-View-TV needs to be promoted. Ms. Sherry said the City could fill a lucrative tourism niche and attract summer traffic from Florida residents living in Lakeland, Orlando and the 904 area code. She suggested developing a directory brochure with a map that includes all properties, their phone numbers and brief descriptions. She said an 800 number for reservations could be established and published. Ms. Sherry said the advertising plan lists recommended publications and a suggested schedule. She noted IM will direct the marketing program and needs to develop a written protocol manual to include: 1) directory of personnel; 2) directory of services; 3) marketing plans; 4) graphics standards; 5) program administration; and 6) outsourcing. The suggested budget on pages 47-49 is for guideline purposes only. The City Manager indicated enough money is in the budget to fund the plan's first year. She said staff already has started implementing parts of the plan and will take other steps as next year's budget is prepared. Commissioner Johnson moved to receive the Marketing / Communications Plan for the City of Clearwater, Economic Development. The motion was duly seconded and carried unanimously. c) Celebrate Downtown Phillippe Bauer said he opened Panache two weeks ago and soon will open a new restaurant and club on Ft. Harrison Avenue. He said more activity is needed downtown. He reported a new organization, Confetti Company, has been established with the goal of promoting downtown by attracting 5,000 people to Clearwater on Sunday afternoons. Activities are planned for Cleveland Street between Coachman Park and Station Square Park. A country & western band will play in Coachman Park from 2:00 to 4:00 p.m. Four to seven bands will play on Cleveland Street and another will entertain in Station Square Park. To help attract families and children, hot dogs and hamburgers will be sold for $0.25 each. All downtown organizations have been asked to help. Each event will cost $10,000. Mr. Bauer said Confetti Company will match a City contribution dollar for dollar. The first celebrations are scheduled for November 12 and November 26, 1995. Co-sponsors and volunteers who can cook burgers are needed. The City Manager recommended contributing $10,000 as long as private support also comes forward. She reported in-kind service will be needed for printing and police officers. Commissioner Johnson requested additional information regarding Confetti Company. Les Spitz stated five people formed Confetti Company to bring people and activities downtown. The downtown core is deserted on weekends. Commissioner Johnson questioned what Clearwater taxpayers will get for their $10,000 contribution. Mr. Spitz said more life and business will be attracted downtown, making it a more vibrant city core. The Mayor said the organization is similar to the one that runs Sun 'N Fun. The money will not go to Confetti Company but to an endowment fund administered by Downtown Development Board (DDB) member Elise Winter. Commissioner Johnson questioned if Confetti Company will compete with the CRA or DDB. Mr. Spitz said that was not the intention. He reported he is also a member of the Downtown Clearwater Association. Confetti Company is receiving cooperation from other downtown organizations. Commissioner Justice questioned if Confetti Company will return to the City for additional contributions. Mr. Spitz said the organization's goal is to be self perpetuating. Commissioner Berfield suggested the $10,000 contribution be seed money. Commissioner Berfield moved to provide Confetti Company with $10,000 as seed money based on matching funds for Celebrate Downtown events scheduled for November 12, 1995, and November 26, 1995, and to provide in-kind services as required. The motion was duly seconded. Commissioners Berfield and Justice and Mayor Garvey voted "Aye"; Commissioner Johnson voted "Nay." Motion carried. ITEM #6 - Approval of Minutes Mayor Garvey referred to paragraph two on page 21 of the October 5, 1995, meeting and noted she had made those comments, not the City Manager. The Mayor referred to page 22 and indicated the ranking in the motion should read: 1) Pier 60 Concessions; 2) the Hamilton Family and 3) Engineering. Commissioner Berfield moved to approve the minutes of the regular meeting of October 5, 1995, as amended and the special meeting of October 5, 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 Carol Alexander announced the Shepherd Chorale will perform in Austria's 1995 International Advent Sing in Vienna. She invited the City Commission and public to a fund-raiser on October 29, 1995, at 2:00 p.m. at Schiller International University Tom Sehlhorst suggested taxpayers would save money if County and City services were combined. The Mayor noted that subject was studied and most services appropriate for combining have been addressed. She suggested money could be saved if the County would grant permission for the City to annex enclaves. John Doran questioned if the City would support a consortium similar to Confetti Company organized on the beach. The Commission indicated requests would be considered if the same conditions are met. Bob Wright questioned union support of pension changes and the effective date of increased benefits. Deputy City Manager Kathy Rice said the unions have indicated full support of the plan. She reported meeting with the editorial boards of local newspapers and stated full page advertisements will be published on Sunday, October 22, and Monday, October 23, 1995. She said only those who retire after January 1, 1996, will qualify for increased benefits. Dr. Ken Rosenow said the production of the video is one of the most important promotional activities the City has accomplished. He recently returned from a promotion tour and stated the video is now in the hands of 123 more travel agencies. He reported package tours have been arranged. Dr. Rosenow questioned why the City's video is not playing at State Welcome Centers. The City Manager said the Marketing/Communications Plan Ms. Sherry presented had recommended a delay of that project as it would use up a large percentage of the first year's tourism budget. Dr. Rosenow said his property is featured at the Center. The Mayor suggested expanding advertising funds with contributions from benefiting businesses. The City Manager indicated money could be "fronted" for the project. Commissioner Berfield referred to the report's observance that videos at the Welcome Centers are above eye level and difficult to hear. Dr. Rosenow said he is six feet tall and had no problem seeing or hearing them. Charles Pollick commended Commissioner Johnson for recommending Clearwater appear before St. Petersburg in Convention and Visitors' Bureau advertising. He reported the Clearwater and Beaches Tourism Council negotiated a 50% discount for advertisers in the Discover Florida section of the Toronto Sun. PUBLIC HEARINGS ITEM #8 - Variance(s) to Sign Regulations for property located at 202 Windward Passage, Island Estates of Clearwater, Unit 5, Blk. D, Lots 10-13, part of Lot 9 & vacated street on N & E (High and Dry Marina, Inc., SV95-15) The applicant is requesting an area variance of 272 square feet from the permitted 64 square feet to allow 336 square feet of attached signs. The subject property is west of Larboard Way on the northerly side of Windward Passage and is zoned General Commercial. The variance is requested to permit the attached signs facing Windward Passage to remain. The High and Dry Marina is identified with large lettering on the south face of the building. The "High and Dry Marina" sign is 252 square feet and "Marine Sales" is 84 square feet for a combined 336 square feet which is more than five times the 64 square feet permitted by code. The applicant contends the building width constitutes grounds for variance approval because the existing signs are proportionate to the development's scale. The applicant also contends the multifaceted business operations of the marina are grounds for variance approval. Staff does not think these reasons support variance approval as conforming signs would identify this property from the street right-of-way. The signs are large enough to be plainly visible 700 feet away, on the Memorial Causeway. The sign code was designed to allow identification of properties and business from the adjoining right-of-way. The existence of different business operations is a moot point as the variance request is for existing nonconforming signs that do not identify the various business operations. Staff feels no special circumstances support approval of the requested variance. While it may be advantageous for the applicant to advertise to Memorial Causeway motorists, it is not necessary for reasonable use of this property. It is not in the public interest to place signs designed for viewing across Clearwater Harbor on a property that can be suitably identified from the adjoining public right-of-way. The Mayor noted a letter had been received in opposition to the request. Charles Barbour, attorney representing the applicant, verified photographs of the property presented him by Mr. Shuford. Mr. Barbour said the subject sign is more than 25 years old. He said a repair, sales, and storage business operate on the property and each has a license. He said each business' entitlement of 64 square feet of attached and 64 square feet of unattached signage totals 384 square feet. Mr. Barbour agreed to eliminate the "Marine Sales" sign and decrease the request to a total of 252 square feet of signage. He said the name is synonymous with the site. He suggested the request was similar to Clearwater Marina where each business has its own sign. He noted anyone who drives to the property at the end of its cul-de-sac is heading to the business or is lost. The sign on the building is designed to be seen from the Memorial Causeway or waterway. Mr. Barbour indicated the sign is not lighted and cannot be seen at night. He said it does not impact any residential neighborhood. He requested the words "High and Dry Marina" be permitted to remain on the building's side that faces the causeway. In answer to a question, Mr. Shuford said the applicant is permitted attached signage on the two small buildings behind the large one but noted the signs would do little good because they could not be seen. He suggested the modified request is comparable to one granted to the Marine Science Center. He did not think a 64 square foot sign could be seen from the Causeway. The Mayor noted businesses located on US 19N also want to be seen by vehicles traveling on that highway but the City enforces its sign laws there. Commissioner Johnson questioned if the Marine Science Center was given a variance so their sign could be seen from the Causeway. Mr. Shuford said the Marine Science Center has no street frontage. He noted the marina's sign could not be seen from the causeway if the empty property to the south side of Windward Passage is developed. To follow code, a 64 square foot sign can face Windward Passage. Commissioner Berfield moved to approve an area variance of 188 square feet from the permitted 64 square feet to allow 252 square feet of attached signs, on property identified as Island Estates of Clearwater, Unit 5, block D, Lots 10 through 13, part of Lot 9, and vacated street on the north and east, for meeting Sec. 45.24 Standards for Approval, items (1) - (4), subject to the following conditions: 1) no additional freestanding or attached signage be allowed; 2) the sign be brought in compliance in the event it is blocked by construction on the lot on the south side of Windward Passage and 3) no illumination be permitted. The motion was duly seconded. Commissioners Berfield, Johnson and Justice voted "Aye"; Mayor Garvey voted "Nay." Motion carried. ITEM #9 - Variance(s) to Sign Regulations for property located at 2530 McMullen Booth Rd., Sec. 28-28-16, M&B 33.02 (John Hancock Mutual Life Insurance Co. / Northwood Plaza and Republic Bank, SV95-42) The applicant is requesting the following variances: 1) a variance of one freestanding sign to permit an additional freestanding sign, 52.9 square feet in area and 16.2 feet high, along Enterprise Road; 2) a separation variance of 195 feet from the required 300 feet to allow freestanding signs 105 feet apart along Enterprise Road; 3) an area variance of 12.5 square feet from the permitted 24 square feet to allow attached signs with a total area of 36.5 square feet; and 4) a separation variance of 135 feet from the required 300 feet to allow freestanding signs 165 feet apart along Eastland Boulevard. The subject property, Northwood Plaza, is on the west side of McMullen-Booth Road bounded by Eastland Boulevard on the North, Landmark Drive on the West and Enterprise Road on the South. The development includes a shopping center zoned Commercial Center and office park, where Republic Bank is located, zoned Limited Office. The first three requested variances are to allow Republic Bank's freestanding and attached signs to remain. The fourth variance is to place new auxiliary signs for Northwood Plaza along Eastland Boulevard. The applicant proposes to erect two freestanding signs along Eastland Boulevard for Northwood Plaza. The signs conform to area and height allowances but will not be separated by 300 feet, as required by code. The primary sign, between the east and next driveway to the West, will be located 165 feet from the auxiliary sign at the east driveway. Staff feels special circumstances favor approval of this separation variance. The primary and auxiliary signs will not be crowded. The auxiliary sign's size is modest and the spatial relationship with the primary sign will be comfortable to the eye. No adverse effect will be produced by spacing these signs 165 feet apart. Todd Pressman, representative for the applicant, said the proposed sign is significantly less than what is allowed by code. He requested the variances be considered a modification of the entire site. He said Northwood Plaza has high commercial impact and noted the line separating the shopping center from limited office just "clips" the Republic Bank Property. Commissioner Berfield moved to approve a separation variance of 135 feet from the required 300 feet to allow freestanding signs 165 feet apart along Eastland Boulevard, on property identified as Sec. 28-28-16, M&B 33.02, for meeting Sec. 45.24 Standards for Approval, items (1) - (4). The motion was duly seconded and carried unanimously. Northwood Plaza is allowed two signs along Enterprise Road: 1) 150 square feet and 20 feet high and 2) 75 square feet and 16 feet high. Along Enterprise Road; a 52.9 square foot, 16.2 foot high freestanding sign identifies Republic Bank. The applicant has scheduled to replace the Northwood Plaza sign with two new signs: 1) 73.5 square feet, , 14.2 feet high at the east driveway near the Sun Bank and 2) 31.9 square feet, 7.9 feet high at the west driveway near Republic Bank. These signs will exhaust the freestanding sign allowance along Enterprise Road and render the existing Republic Banks sign nonconforming. The applicant has requested two variances to allow the Republic Bank sign to remain: 1) a request for a third freestanding sign along Enterprise Road and 2) a request to allow a 105 foot separation between Northwood Plaza's auxiliary sign and Republic Bank's sign. Staff feels special circumstances support variances for an additional freestanding sign and separation distance. Circumstances do not support the Republic Bank sign which is more than double the area and height allowed. Freestanding signs in Limited Office zones can be 24 square feet and 8 feet high. If the sign remains, the bank will have an advantage over the Barnett Bank next door on adjoining property that is likewise zoned Limited Office. Barnett Bank's 20.8 square foot, 7.8 foot high sign conforms to code. Staff feels a separation of 105 feet between a 24 square foot, 8 foot high Republic Bank sign and a 31.9 square foot, 7.9 foot high Northwood Plaza auxiliary sign will not create an adverse spatial relationship. Mr. Pressman verified photographs of the property presented him by Mr. Shuford. He noted staff had recommended approval of a third freestanding sign along Enterprise Road but noted Republic Bank needs a larger sign. He noted the bank barely skirts the Limited Office zoning line. He said Republic Bank is part of the Northwood Plaza Shopping Center and cannot be distinguished from buildings zoned Commercial Center. He said the Barnett Bank next door is constructed with a different design and is completely separate from the shopping center. He noted the shopping center faces Safety Harbor which has a more liberal sign code and banks with larger signs. John Fisher of Republic Bank said his organization is community based and this branch is part of a multi office unit. He said Republic Bank, which located their branch in Northwood Plaza in 1980, competes with five large regional banks with large advertising budgets. He said his office has tracked their referral sources and found 45% of new business is due to their current sign and message board. He did not think a large sign would unfairly compete with Barnett because that bank is so well known. Mr. Pressman noted Republic's new business accounts for $4-million in deposits. In answer to a question, Mr. Shuford said if the Sun Bank at the corner or Enterprise and McMullen-Booth Road is on an outparcel, it is permitted a 150 square foot freestanding sign. Commissioner Johnson moved to deny a variance of one freestanding sign to permit an additional freestanding sign, 52.9 square feet in area and 16.2 feet high, along Enterprise Road on property identified as Sec. 28-28-16, M&B 33.02, for failure to meet Sec. 45.24 Standards for Approval, items (1) - (4). The motion was duly seconded and carried unanimously. Republic Bank has two attached signs. The sign on the building's east face is 18.5 square feet and the one on the south face is 18 square feet for a combined area of 36.5 square feet. The maximum allowed is 24 square feet. The applicant contends the attached signs must be oriented in two directions to be effective. Staff does not concur. Code provides additional sign area for buildings oriented to two or more major thoroughfares. Republic Bank is not. Many businesses in the City are similarly situated and have effective signs that conform to code. The variance requested is a 52% deviation from code and is not minimal. Staff feels no special circumstances support approval of this request. Mr. Pressman said the attached signage was needed for drivers on Enterprise. He said the bank is only visible to traffic flowing eastward. He said drivers traveling to the West also need to see the bank. He felt the request was minimal. Mr. Pressman noted the bank occupies two suites and the two signs would be legal if separate businesses occupied each suite. Commissioner Berfield moved to approve an area variance of 12.5 square feet from the permitted 24 square feet to allow attached signs with a total area of 36.5 square feet, on property identified as Sec. 28-28-16, M&B 33.02, for meeting Sec. 45.24 Standards for Approval, items (1) - (4). The motion was duly seconded and carried unanimously. Mr. Shuford referred to the request to permit a third freestanding sign on Enterprise Boulevard. The Commission recessed from 8:00 to 8:04 p.m. Commissioner Berfield moved to approve a variance of one freestanding sign to permit an additional freestanding sign, 24 square feet in area and 8 feet high along Enterprise Road and a separation variance of 195 feet from the required 300 feet to allow freestanding signs 105 feet apart along Enterprise Road on property identified as Sec. 28-28-16, M&B 33.02, for meeting Sec. 45.24 Standards for Approval, items (1) - (4). The motion was duly seconded and carried unanimously. Public Hearing - Second Reading Ordinances ITEM #10 - Ord. #5875-95 - Annexation for property located at 1531 Stevenson Dr., Stevenson's Heights Sub., Blk. B, Lot 7 (Booth, A95-15) The City Attorney presented Ordinance #5875-95 for second reading and read it by title only. Commissioner Justice moved to pass and adopt Ordinance #5875-95 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Johnson, Justice and Garvey "Nays": None. Absent: Thomas ITEM #11 - Ord. #5876-95 - Land Use Plan Amendment to Residential Low for property located at 1531 Stevenson Dr., Stevenson's Heights Sub., Blk. B, Lot 7 (Booth, LUP95-17) The City Attorney presented Ordinance #5876-95 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5876-95 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Johnson, Justice and Garvey "Nays": None. Absent: Thomas ITEM #12 - Ord. #5877-95 - RS-8 Zoning for property located at 1531 Stevenson Dr., Stevenson's Heights Sub., Blk. B, Lot 7 (Booth, A95-15) The City Attorney presented Ordinance #5877-95 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #5877-95 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Johnson, Justice and Garvey "Nays": None. Absent: Thomas ITEM #13 - Ord. #5916-95 - Vacating W 4’ of 10’ drainage & utility easement lying along E side of Lot 6, Blk. C, Northwood Estates Tract F less N 5’ (McLaughlin, V95-12) The City Attorney presented Ordinance #5916-95 for second reading and read it by title only. Commissioner Justice moved to pass and adopt Ordinance #5916-95 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Johnson, Justice and Garvey "Nays": None. Absent: Thomas ITEM #14 - Ord. #5917-95 - Vacating 50’ E/W r-o-w of an unnamed street lying between Lots 3 & 4 of Blk. 3 and Lots 1 & 2 of Blk. 6, Revised Map, Town of Bay View subject to Pinellas County vacating W portion and it being retained full width as a drainage & utility easement (McMullen, V95-07) The City Attorney presented Ordinance #5917-95 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5917-95 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Johnson, Justice and Garvey "Nays": None. Absent: Thomas ITEM #15 - Ord. #5918-95 - Land Use Plan Amendment to Commercial General for property located at 1984 Sunset Point Rd., Sunset Oaks Sub., Lot 2 less road on S and part of Lot 1 (L. J. Parham / Cope, Trustee, LUP95-27) Commissioner Johnson moved to continue this item to November 2, 1995. The motion was duly seconded and carried unanimously. ITEM #16 - Ord. #5919-95 - CN Zoning for property located at 1984 Sunset Point Rd., Sunset Oaks Sub., Lot 2 less road on S and part of Lot 1 (L. J. Parham / Cope, Trustee, Z95-08) Commissioner Justice moved to continue this item to November 2, 1995. The motion was duly seconded and carried unanimously. ITEM #17 - Ord. #5925-95 - Submitting to the City Electors a proposed amendment to the City Charter, amending Sec. 2.01(d)(4)(v) to delete the referendum requirement for lease of city property with the Land Use Designation of Recreation / Open Space, providing for a referendum election The City Attorney presented Ordinance #5925-95 for second reading and read it by title only. Commissioner Justice moved to pass and adopt Ordinance #5925-95 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Johnson, Justice and Garvey "Nays": None. Absent: Thomas CITY MANAGER REPORTS CONSENT AGENDA (Items #18-34) - Approved as submitted less #34 ITEM #18 - Approve settlement with Arthur Carpentieri, Claimant, for $115,318.40 as full, final, & complete settlement of all indemnity, medical, & attorney fees arising out of Claimant’s pending workers’ compensation claim and releases City from any and all future workers’ compensation exposure to Claimant together with waiver of any future pension arising as a result of a job-connected disability (FN) ITEM #19 - Contract for installation of polyethylene gas mains & service lines to Heuer Utility Contractors, Inc., Clearwater, FL, for the period 10/19/95-10/18/96, at an estimated $867,750 (GAS) ITEM #20 - Contract for purchase of towing services to Jimmie’s Wrecker Service, Inc., Clearwater, FL, for the period 11/01/95-10/31/98, with option to renew for an additional year upon mutual consent, at an annual estimated $38,124 for a total estimated $114,372 (GS) ITEM #21 - Temporary contract extension on a month to month basis for tire service, repair & replacement with Don Olson Tire Service, approximately for the period 10/01/95-12/31/95, at an estimated $68,750 (GS) ITEM #22 - Contract for publishing a special regional spotlight advertorial report on Clearwater / Clearwater Beach & Sand Key to Florida Trend Magazine, including a 16 page supplement, special advertising rates in the supplement for Clearwater businesses, extra copies & follow up advertising, for $35,000 (IM) ITEM #23 - Confirm co-sponsorship & waiver of City fees for Special Events approved in FY 1995/96 Operating Budget (Jazz Holiday, Fun ‘N Sun, 4th of July, Family Holiday Traditions & Parade, Turkey Trot, N. Greenwood Street Festival, & Martin Luther King Parade), an estimated $141,980 ($69,720 cash contributions & $72,260 in-kind contributions); authorize event sponsors to approve vendors (PR) ITEM #24 - C.O.#2 to 1995 Sidewalk Contract to MTM Contractors, Inc., Pinellas Park, FL, increasing the amount by $80,810 for a new total of $321,487.50, and approve a time extension of 60 days (EN) ITEM #25 - Increase contract award by $51,090 to Van Waters & Rogers, Inc., Tampa, FL, for purchase of additional chlorine in 1 ton cylinders for the remaining portion of contract period 04/04/95 -02/28/96, for a new total estimated $141,480 (EN) ITEM #26 - C.O.#1 to 1995 Gunite Restoration Contract to Infrastructure Services, Inc. / ISI Operating Corp., Franklin, TN, increasing the amount by $32,480 for a new total of $356,191, and approve a time extension of 20 days (EN) ITEM #27 - Accept Contract for Purchase of Real Property from John J. Chiafolo, Jr., located in Sec. 16-29-16, for Cleveland Street Extension & Widening, for the purchase price of $24,900, and pay environmental audit & testing expenses maximally estimated at $2,500, with a boundary survey & closing costs estimated at $750, for a total estimated $28,150 (EN) ITEM #28 - Accept Contract for Sale of Real Property, First Addition to Sunset Point, Blk. E, Lot 34, 1872 Springtime Ave., to Clearwater Neighborhood Housing Services, Inc. for $12,000 cash, subject to terms & conditions contained in contract (EN) ITEM #29 - Receipt/Referral - Alcoholic Beverage Ordinance Revisions (CP) ITEM #30 - Purchase of pipe and drape for Harborview Convention Center from Crown Industries, East Orange, NJ, for $29,180 (CM) ITEM #31 - Purchase of riser stages and accessories for the Harborview Convention Center from Sico North America, Inc., Minneapolis, MN, for $31,687.09 (CM) ITEM #32 - Amendment to Jolley Trolley Lease to include the premises at 311 S. Madison Ave. (CM) ITEM #33 - Appoint Commissioner Johnson to be National League of Cities voting delegate ITEM #34 - See page 13. Commissioner Johnson moved to approve the Consent Agenda as submitted less Item #34 and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #34 - Continue duplicate legal advertising in Clearwater Gazette / Beach Views until 12/01/95 Commissioner Berfield moved to continue advertising in the Clearwater Gazette / Beach Views until December 1, 1995. The motion was duly seconded. Commissioners Berfield, Johnson and Justice voted "Aye"; Mayor Garvey voted "Nay." Motion carried. The City Manager reported a question had been raised regarding payment for legal advertisements not submitted to the Clearwater Gazette / Beach Views for publication between October 1, 1995 and today. She indicated the City cannot pay for services not received. The Commission recessed from 8:13 to 8:25 p.m. OTHER ITEMS ON CITY MANAGER REPORT ITEM #35 - Declare as surplus for subordination to FDOT the City’s easement rights & interest in 3 parcels of land (117.07CD, 129.04CD & 804.07CD) lying along SR 55, between SR 60 & the CSX Transportation right-of-way, N of Drew St., and void previously approved subordinations (O.R. Book 8698, pages 1142, 1190 & 1161); Res. #95-60 - authorizing City Manager to execute documents with FDOT (EN) The Florida Department of Transportation (FDOT) is proposing to make improvements to US 19 N from SR 60 to the CSX Railroad to include a six-lane overpass at Drew Street, frontage roads and intersection improvements. The City has various easements on several parcels the FDOT will obtain as right-of-way requisite to the project. To facilitate this project, the City previously granted FDOT requests that the City subordinate its easement rights and interests in three parcels identified as parcels 117.07, 129.04 and 804.07, Section 15150-2566, to the FDOT. After the subordination agreements were executed by the City and recorded by FDOT, FDOT found it necessary to amend descriptions of the three parcels. Most of the adjustments are so slight they are difficult to depict visually. The FDOT now requests City approval of the subordinations of its easement rights and interests in the corrective parcels identified as parcels 117.07CD, 129.04CD, and 804.07CD. Upon granting the FDOT request to subordinate the City's interests in the corrective parcels, it is in the City's interest to void the subordination of its rights and interests previously granted to the FDOT prior to the corrections. The subordinations contain provisions for the FDOT to pay to have the City's facilities relocated, if necessary, to prevent construction conflicts. Commissioner Johnson moved to declare as surplus for subordination to the Florida Department of Transportation (FDOT) the City's easement rights and interest in three parcels of land (parcels 117,07CD, 129.04CD, and 804.07CD) lying along SR 55 (US 19N), Section 15150-2566 between SR 60 (Gulf-to-Bay Boulevard) and the CSX Transportation right-of-way north of Drew Street, and void previously approved subordinations granted to the FDOT as recorded in the official records of Pinellas County, Florida, in O.R. Book 8698, pages 1142, 1190, and 1161 and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #95-60 and read it by title only. Commissioner Justice moved to pass and adopt Resolution #95-60 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Johnson, Justice and Garvey "Nays": None. Absent: Thomas ITEM #36 - (Cont'd. from 10/05/95) Municipal Code Enforcement Board - 1 appointment (CLK) Commissioner Berfield moved to appoint Faustino Dolores. The motion was duly seconded and carried unanimously. ITEM #37 - Other Pending Matters Scientology request for temporary closure of Cleveland Street A request was received from the Scientologists to close Cleveland Street between Garden Avenue and Ft. Harrison Avenue on November 5, 1995, from 5:30 to 9:00 p.m. for a street party to celebrate the restoration of the old Bank of Clearwater Building. A Special Event application has been filed with the Parks & Recreation Department . Mary Story, Scientology Public Affairs Director, said the event was scheduled on the least busy day at the least busy time. For safety concerns, City Engineer Rich Baier recommended a full closure of the block instead of a partial one. Mayor Garvey expressed concern regarding how businesses in that block would be affected. Mr. Baier said only one shop would be open. The City Manager stated this event will occur before the Celebrate Downtown events. She indicated the street had been closed on previous occasions for parades and other downtown events. Commissioner Berfield moved to approve a full closure of Cleveland Street between Garden Avenue and Ft. Harrison Avenue on November 5, 1995, from 5:30 p.m. to 9:00 p.m. The motion was duly seconded and carried unanimously. CITY ATTORNEY REPORTS ITEM #38 - Resolutions a) Res. #95-76 - Demolition Lien - 405 1/2 Garden Ave., Hart’s Addition to Clearwater, Blk. 2, Lot 12 (Proben & Ester C. Hunt) The City Attorney presented Resolution #95-76 and read it by title only. Commissioner Berfield moved to pass and adopt Resolution #95-76 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Johnson, Justice and Garvey "Nays": None. Absent: Thomas ITEM #39 - Other City Attorney Items - None. ITEM #40 - City Manager Verbal Reports Airpark Agreement The City Manager referred to the October 16, 1995, City Commission discussion regarding the Airpark lease. She indicated staff will begin negotiations with the current fixed base operator. If an agreement cannot be reached, a Request for Proposals (RFP) will be released. Consensus of the City Commission was to concur with her proposal. Canvassing Board Meeting The City Clerk requested confirmation of a time for the mandatory October 25, 1995, Canvassing Board Meeting. The meeting was scheduled for 12:00 noon. ITEM #41 - Other Commission Action Commissioner Berfield referred to plans to hire a Hearing Officer for code enforcement cases. She questioned if this would be done by contract and if the City would defend the Hearing Officer in a suit. The City Attorney said all details have not been resolved but indicated contracts probably will be used. She said the City would defend the individual acting on the City’s behalf. Commissioner Berfield questioned if the City can address the black trash barrels some residents leave at the curb. City Manager stated notes currently are left requesting the barrels be removed from the street. Staff may ask an ordinance be considered. She noted this is a particular problem in some neighborhoods. Commissioner Berfield expressed concern Solid Waste deposits some barrels in the street which can cause traffic problems. The Mayor expressed concern regarding how such an ordinance would be enforced. Commissioner Johnson felt it was imperative the City cooperate with others in the area. Commissioner Johnson moved to approve Economic Development Director Alan Ferri’s recommendation to join the Tampa Bay Partnership. The motion was duly seconded. The City Manager indicated staff is investigating if the City and Chamber of Commerce could participate in a joint membership. Upon the vote being taken, Commissioners Johnson and Justice and Mayor Garvey voted "Aye"; Commissioner Berfield voted "Nay." Motion carried. Commissioner Johnson referred to a recent letter Mayor Garvey had written on behalf of the City Commission protesting legislation requiring unfunded mandates. Commissioner Johnson moved to give the Mayor the authority to respond regarding the City Commission’s stand on unfunded mandates. There was no second. Commissioner Justice felt the Mayor should make sure the Commission agrees before speaking for them in a letter. Commissioner Johnson withdrew his motion. Mayor Garvey referred to an article supplied by John Doran that indicated a city has the right to regulate the appearance of newsracks. She questioned if direction should be given, particularly in targeted areas. The City Manager recommended the Design Review Board address this issue. The City Commission concurred. Mayor Garvey reminded the Commission of the Florida League of Cities 35th Legislative Conference November 16 - 17, 1995, in Tampa and urged Commissioners to attend. Mayor Garvey reminded the public of Jazz Holiday from October 19 to 22, 1995. Mayor Garvey noted October 24, 1995, is election day for one City Commission seat and a vote on the Pension Plan. She urged residents to vote. Commissioner Johnson indicated several awards will be presented to City of Clearwater departments at the Tampa Bay Regional Planning Council Award Dinner scheduled on the night of a City Commission meeting. As he will be unable to attend the dinner, he wished to congratulate the recipients at this time. ITEM #42 - Adjournment The meeting adjourned at 8:49 p.m.