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04/04/1996 CITY COMMISSION MEETING CITY OF CLEARWATER April 4, 1996 Present: Rita Garvey Mayor/Commissioner Sue A. Berfield Vice-Mayor/Commissioner Fred A. Thomas Commissioner J. B. Johnson Commissioner Robert Clark Commissioner Ed Hooper Commissioner Karen Seel Commissioner 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 Engineering Director Cynthia E. Goudeau City Clerk Patricia O. Sullivan Board Reporter The Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation was offered by Deacon Albert Tibbetts of St. Cecelia's Catholic Church. The Mayor led the Pledge of Allegiance. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. Farewell Commissioners Berfield & Thomas Commission members, the City Manager and City Attorney presented farewell gifts and made parting remarks to Commissioners Berfield and Thomas. Former Commissioner Justice played the harmonica in farewell to Commissioner Thomas. Commissioner Thomas said when he took office, his main objectives were to protect public safety, serve the citizens, and keep costs low. He listed accomplishments achieved without a tax increase and said most decisions were unanimous. He credited former Commissioner Deegan and Commissioner Berfield for their support. He recommended ridding the City of apathy by giving citizens a greater voice. He thanked and complimented staff, fellow Commissioners, his administrative aide, his son, and wife, Joy. He said serving the City was an honor. Commissioner Berfield said she was sorry to be leaving but grateful for extra time she will have. She listed and thanked the Commissioners with whom she has worked. She thanked and complimented City staff, especially the City Manager's office. She thanked her daughters, son-in-law, and husband, Jim, for their help, unswerving support, and encouragement. Commissioner Berfield urged citizens to become involved in their City's government and encouraged the Commission to keep moving forward and prepare for the 21st Century. Mayor Garvey thanked both Commissioners for their service to the citizens of Clearwater. The Commission recessed from 6:52 to 7:09 p.m. Commissioners Berfield and Thomas left the meeting. Oath of Office Administered The City Clerk administered the Oath of Office to Mayor Garvey and Commissioners Seel and Hooper. The Mayor introduced family members of the new Commissioners who were present at the meeting. The Commission recessed from 7:12 to 7:19 p.m. ITEM #3- Service Awards - None. ITEM #4 - Introductions and Awards Proclamation: Arbor Day - April 27, 1996 ITEM # 5- Presentations a) Sailing Center Business Plan Harbormaster Bill Held presented a video of the Sailing Center's business plan that reviewed the center's objectives: 1) take full advantage of the facility and continue campaign promoting the center; 2) double membership and fleet used for instruction by FY (fiscal year) 1999/00; 3) increase number of contract instructors; 4) increase staff by one part-time employee to support growth and increase room rental and class revenues; 5) increase revenues; and 6) develop plans for a floating dock including permits. The Sailing Center's goals for FY 1995/96 are to improve customer satisfaction and revenues. The number of boats, members, regattas, and students in water painting and yoga classes has increased. The five-year program has been updated. Mr. Held said staff is working toward getting permanent approval for a floating dock. Significant accomplishments include: 1) revenues higher than projected; 2) expenditures lower than projected; 3) floating dock constructed in August 1995; 4) assisted presentation of Silver Medalist Jim Brady; 5) hosted 10 regattas; 6) donation of 11 boats valued at $11,500; 7) assisted Suncoast campaign with Olympic training; 8) hired part-time employee in December 1995; and 9) facility used by U. S. Sailing Association Conference. The Sailing Center asked City Commission approval of: 1) changing objective #5 to ". . .increasing Sailing Center revenue from $36,216 in FY 1994/95 to $62,000 in FY 1999/00 and increasing donations from $4,902 in FY 1994/95 to $11,000 in FY 1990/00, which will "Close the Gap" from 47.2% to 47.4%; 2) updating 5-year Program Statement; 3) adding Resolution #95-31 to increase Sailing Center rental charges to the Business Plan; and 4) supporting a permanent floating dock. Mr. Held thanked all those involved in the Sailing Center's success and introduced Sailing Center Coordinator Laurie Schultz and Recreation Leader Tim Geary. He reported the Sailing Center facility is recognized throughout the nation. He noted competition from the Harborview Center and newly refurbished Clearwater Beach Recreation Center is having an impact on Sailing Center room rentals. He thanked the City Commission for their support. ITEM #6 - Approval of Minutes Commissioner Johnson moved to approve the minutes of the regular meeting of March 21, 1996, 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 Nathaniel Golden expressed concern regarding problems associated with small-sized lots in South Clearwater. Difficulties include selling the lots, littering, and difficulty in obtaining building permits. Staff will review this issue. Nicholas Fritch, of the Sand Key Civic Association, welcomed new Commissioners, congratulated the Mayor's reelection, and thanked outgoing Commissioners. He complimented Sailing Center staff and acknowledged Parks & Recreation efforts to beautify Clearwater Pass Bridge. PUBLIC HEARINGS ITEM #8 - Public Hearing - Res. #96-26 - authorizing the placement of liens on properties for unpaid utility bills (FN) The Director of Finance and Utility Customer Service Manager recommend filing of liens for delinquent utility accounts over $100 and utility accounts delinquent 90 days or more after owners are notified of their indebtedness by Utility Customer Service and by City Clerk of Public Hearing pursuant to Chapter 32, Section 32.072 of City Code. Commissioner Clark moved to authorize the placement of liens on properties for unpaid utility bills and the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #96-26 and read it by title only. Commissioner Clark moved to pass and adopt Resolution #96-26 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey "Nays": None. ITEM #9 - (Cont'd from 03/21/96) Public Hearing - Approve City’s request to vacate that portion of the north/south alley lying West of Lots 3-6 and East of Lots 7-10 in Blk 3, Pine Crest Sub., and deny request to vacate the alley West of Lots 1 & 2 and East of Lots 11 & 12 (City, V96-03B) (EN) This item was continued to accommodate concerns expressed by adjoining property owners. This City-initiated, neighborhood-wide, alley vacation request is for an area bounded by Drew Street, Myrtle Avenue, Greenwood Avenue and Palmetto Street based on Commission direction. Area residents believe fencing in their part of the vacated alleys would help eliminate pedestrian traffic and illegal activities along the rear of their properties. This vacation will further restrict vehicular and pedestrian access. Ann Capshaw, owner of four lots abutting the subject alley, had written a letter expressing concern regarding activities in and about the alley. She has agreed to a partial vacation to control traffic. Engineering Services reviewed the condition of this alley and agreed the Southerly portion could be vacated. Because the business owner on the West side of the North end of the alley also owns a lot on the East side, he will have room to maneuver a truck to his loading dock. Local utilities have no objections provided utility easements are retained full width over the vacated alleys. The City has existing utility services within the alleys. The City Engineer concurs with Engineering Services' recommendation to vacate the Southerly portion of the alley. Ms. Capshaw owns Deacon's Corner next to the subject alley. She said the alley is a hot bed for drug dealers and users and the public telephone at her business is used for this activity. She said the alley is strewn with debris and attracts transients who sleep there. She requested the City vacate the alley by her four lots and erect barriers to obstruct through traffic. She said Arthonia Godwin, who owns the business next door, feels he needs space in the alley for loading, etc. She felt sufficient room would remain to meet his needs. She circulated photographs of the subject alley. Arthonia Godwin, owner of Godwin Interiors, Inc., said closing the alley would create some hardship in accessing his three warehouse doors. It is convenient for delivery vehicles that service his business to drive straight through the alley. He agreed the drug situation needs to be addressed and suggested leaving the alley open would provide Police easy access and the ability to deal with vehicles that stop there. In answer to a question, Mr. Godwin said he accesses his workrooms daily. Use of his warehouse varies but averages two or three times per week. The City Manager said the subject alley is publicly owned and reported, in the past, the City has been very reluctant to vacate an alley if an objection is raised. Mr. Godwin said he could not access his warehouse if the alley behind lot 2 is vacated. He expressed concern large trucks unloading at his warehouse would have to back up if a portion of the alley is vacated. The Mayor noted the alley is not wide enough for vehicles to pass side by side. Mr. Godwin said it is more convenient for him to have the alley remain as it is. The Mayor questioned how to deal with Ms. Capshaw's problem. Commissioner Hooper expressed concern both sides had been in agreement at Monday's Work Session. In answer to a question, Mr. Godwin said drug trafficking has not caused his business any problems. He indicated his business is closed at night. The Mayor noted Ms. Capshaw's business is open at night. Ms. Capshaw felt the drug problem should take priority over the difficulties a truck may have backing out of the alley. She said she was willing to permit Mr. Godwin to use part of her property. She did not care where the barriers were erected. Engineering Director Rich Baier suggested bollards could be installed in an L-shape to stop use of a shift road through lot 10 that accesses the alley. He said the City is responsible for erecting barriers at the termination of alleyways due to liability issues. He suggested a fence could be erected to block the shift road if lot 10 is vacated. Ms. Capshaw expressed concern vacations of only a portion of the alley abutting her property may affect the future sale of the property. Commissioner Seel questioned if Mr. Godwin could move a temporary barrier for his trucks. Mr. Baier suggested staff meet with the interested parties to address this issue further. Commissioner Hooper moved to continue this item until April 18, 1996. The motion was duly seconded and carried unanimously. ITEM #10 - Public Hearing - Declare surplus for the purpose of granting a Distribution Easement (DE) to Florida Power Corp., Sec. 29-28-16, M&B 22.04, a/k/a Countryside Community Park, and thereupon approve grant of DE to Florida Power (EN) Countryside Recreation Center is being constructed in Countryside Community Park. Construction features include site work, parking, and building. Completion is scheduled for August 15, 1996. Florida Power Corporation has requested a blanket Distribution Easement over the park property for the purposes of providing electrical services to the facility. Staff recommends granting the Distribution Easement to allow installation of electrical services to the new facility, and provide for future services as may be required. Mr. Baier referred to his April 4, 1996, memorandum regarding questions posed at Work Session. The Parks & Recreation Department had scaled back efforts to annex this Florida Power parcel after Pinellas County provided a special exception to allow construction of the parking facility within the Florida Power right-of-way. This item does not encourage or address the possibility of Florida Power placing additional power related appurtenances within their property. In answer to a question, Assistant City Manager Bill Baker said Florida Power has requested a blanket easement to install power to the park complex. The City will approve how the wiring extends to the recreation center. The City Attorney said the City is granting Florida Power a 10-foot easement on either side of that wiring. The City Manager reported staff is back on track working to annex the property. Commissioner Clark moved to declare as surplus for the purpose of granting a Distribution Easement to Florida Power Corporation a portion of the Northwest quarter of Section 29, Township 28 South, Range 16 East identified as Pinellas County Tax I.D. parcel #29-28-26-00000-220-0400, a/k/a Countryside Community Park, and thereupon approve the grant of Distribution Easement to Florida Power Corporation, and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #11 - Public Hearing - Declare surplus for the purpose of selling city-owned property, Island Estates of Clearwater, Unit 5, Blk D, Lot 7; authorize it be offered by advertised bid for the price of not less than $213,500 (EN) At the April 1, 1996 Work Session concerns were expressed regarding the current low value of the property. It was suggested sale of the property be put on hold for now. Commissioner Hooper moved to deny the request to declare as surplus for the purpose of selling City-owned property legally described as Lot 7, Block D, Island Estates of Clearwater, Unit 5, for the price of not less than $213,500. The motion was duly seconded. It was suggested the item be withdrawn. Commissioner Hooper withdrew his motion. The seconder withdrew the second. Commissioner Hooper moved to withdraw Item #11. The motion was duly seconded and carried unanimously. ITEM #12 - Public Hearing & First Reading Ords. #6009-96 & #6010-96 - Annexation & RS-8 Zoning for property located at 1330 Parkwood St., Pine Ridge Sub., Blk A, Lot 18 (Andrew J. & Sherry L. Labus, A96-10) The applicant has requested annexation and proposed zoning of Single-Family Residential "Eight" for 1330 Parkwood Street to obtain sewer service. On March 19, 1996, the Planning & Zoning Board unanimously endorsed the request. Commissioner Clark moved to approve the Petition for Annexation and Zoning Atlas Amendment to Single-Family Residential "Eight" (RS-8) for Lot 18, Block A, Pine Ridge Subdivision. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6009-96 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance #6009-96 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey "Nays": None. The City Attorney presented Ordinance #6010-96 for first reading and read it by title only. Commissioner Johnson moved to pass Ordinance #6010-96 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey "Nays": None. ITEM #13 - Public Hearing & First Reading Ords. #6011-96 & #6012-96 - Annexation & IL Zoning for property located at 1231 N. Hercules Ave., Sec. 12-29-15, M&B 13.06 (Daniel M. & Annette Macre, A96-11) The applicant has requested annexation and proposed zoning of Limited Industrial (IL) for 11231 North Hercules Avenue to obtain sewer service. On March 19, 1996, the Planning & Zoning Board unanimously endorsed the request. Commissioner Clark moved to approve the Petition for Annexation and Zoning Atlas Amendment to Limited Industrial (IL) for M&B 13-06 in Section 12-29S-15E. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6011-96 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance #6011-96 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey "Nays": None. The City Attorney presented Ordinance #6012-96 for first reading and read it by title only. Commissioner Johnson moved to pass Ordinance #6012-96 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey "Nays": None. Public Hearing - Second Reading Ordinances ITEM #14 - Ord. #5908-95 - Amending/Creating Secs. 42.26(6) to allow fences enclosing swimming pools up to 4’ high within waterfront setback areas and street r-o-w setback areas (LDCA95-16) The City Attorney presented Ordinance #5908-95 for second reading and read it by title only. Commissioner Clark moved to pass and adopt Ordinance #5908-95 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey "Nays": None. ITEM #15 - Ord. #5970-96 - Amending Sec. 42.21, to provide for improved clarity concerning the application of landscaping and parking standards for nonconformities (LDCA95-24) The City Attorney presented Ordinance #5978-96 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #5978-96 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey "Nays": None. ITEM #16 - Ord. #5993-96 - Annexation for property located at 1920 Soule Rd., Sec. 5-29-16, M&B 24.05 & Robinwood Sub., Blk B, Lots 2 & 3 (dePaul School for Dyslexia, Inc., A96-04) The City Attorney presented Ordinance #5993-96 for second reading and read it by title only. Commissioner Clark moved to pass and adopt Ordinance #5993-96 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey "Nays": None. ITEM #17 - Ord. #5994-96 - OL Zoning for property located at 1920 Soule Rd., Sec. 5-29-16, M&B 24.05 & Robinwood Sub., Blk B, Lots 2 & 3 (dePaul School for Dyslexia, Inc., A96-04) The City Attorney presented Ordinance #5994-96 for second reading and read it by title only. Commissioner Seel moved to pass and adopt Ordinance #5994-96 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey "Nays": None. ITEM #18 - Ord. #5995-96 - Annexation for property located at 1933 Summit Dr., Skyline Groves Sub., Lot 93 (Richard K. & Wanda J. Graham, A96-06) The City Attorney presented Ordinance #5995-96 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #5995-96 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey "Nays": None. ITEM #19 - Ord. #5996-96 - RS-8 Zoning for property located at 1933 Summit Dr., Skyline Groves Sub., Lot 93 (Richard K. & Wanda J. Graham, A96-06) The City Attorney presented Ordinance #5996-96 for second reading and read it by title only. Commissioner Hooper moved to pass and adopt Ordinance #5996-96 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey "Nays": None. ITEM #20 - Ord. #5997-96 - Annexation for property located on the N & S corridor of Landmark Dr., Parcel #1 - Dellwood Heights Sub., Blk A, Lots 1 & 2 together with abutting r-o-w to W of Lot 1, Parcel #2 - Sec. 9-29-16, M&B 23.021 (City, A96-07) The City Attorney presented Ordinance #5997-96 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #5997-96 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey "Nays": None. ITEM #21 - Ord. #5998-96 - OL Zoning (Parcel #1), IL Zoning (Parcel #2) for property located on the N & S corridor of Landmark Dr., Parcel #1 - Dellwood Heights Sub., Blk A, Lots 1 & 2 together with abutting r-o-w to W of Lot 1, Parcel #2 - Sec. 9-29-16, M&B 23.021 (City, A96-07) The City Attorney presented Ordinance #5998-96 for second reading and read it by title only. Commissioner Clark moved to pass and adopt Ordinance #5998-96 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey "Nays": None. ITEM #22 - Ord. #5999-96 - Annexation for property located at 1701 N. Hercules Ave., Sec. 12-29-15, part of M&B 12.011 (City, A96-09) The City Attorney presented Ordinance #5999-96 for second reading and read it by title only. Commissioner Hooper moved to pass and adopt Ordinance #5999-96 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey "Nays": None. ITEM #23 - Ord. #6000-96 - IL Zoning for property located at 1701 N. Hercules Ave., Sec. 12-29-15, part of M&B 12.011 (City, A96-09) The City Attorney presented Ordinance #6000-96 for second reading and read it by title only. Commissioner Seel moved to pass and adopt Ordinance #6000-96 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey "Nays": None. ITEM #24 - Ord. #6001-96 - Vacating north/south alley lying between Lots 11, 12, 13, the S 1/2 of Lot 14 and Lots 2, 3, 4, and S 1/2 Lot 1, E. A. Marshall’s Sub. (Discount Auto, V96-02) Commissioner Clark moved to continue this item until April 18, 1996. The motion was duly seconded and carried unanimously. ITEM #25 - Ord. #6007-96 - Amending Sec. 2.528 to impose a service fee of $20 or 5% of the face amount, whichever is greater, for the collection of a dishonored check, draft or money order The City Attorney presented Ordinance #6007-96 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #6007-96 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey "Nays": None. ITEM #26 - Ord. #6008-96 - Vacating W 5’ of 10’ Drainage & Utility Easement lying along E side of Lot 90, Woodgate of Countryside Unit Two (Hawley, V96-04) The City Attorney presented Ordinance #6008-96 for second reading and read it by title only. Commissioner Clark moved to pass and adopt Ordinance #6008-96 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey "Nays": None. CITY MANAGER REPORTS CONSENT AGENDA (Items #27-37) - Approved as submitted ITEM #27 - Agreement with Pinellas County to govern termination of water services for non-payment of sewer service charge (FN) ITEM #28 - Confirm a 20 year Interruptible Transportation Service Agreement with Florida Gas Transmission, Houston, TX, providing for transportation of natural gas on an interruptible basis to the gate stations (GAS) ITEM #29 - Approve Clearwater Gas System’s continued participation with the Florida Municipal Natural Gas Association (FMNGA) in the joint municipal representation of Federal and State regulatory issues through use of legal counsels based in Washington, D. C. and Tallahassee, FL, and pay related annual FMNGA shared expenses (04/05/96 -04/04/97), at an estimated $60,000 (GAS) ITEM #30 - Authorize addition of one Tradesworker I position for the Building & Maintenance Division to assume tasks & duties of the outsourced heating, ventilating & air conditioning filter replacement program which is no longer cost effective to privatize (GS) ITEM #31 - Contract for Finance System software support & maintenance to Ross Systems, Redwood City, CA, for the period 07/01/96 -06/30/97, for $45,731.58 (IM) ITEM #32 - Conditional Assignment of Lease for the Marina Restaurant from Edward M. Metallo & Ursula M. Metallo, d/b/a Marina Restaurant to Thomas C. Wolkowsky & Patricia A. Wolkowsky, d/b/a Marina Restaurant (MR) ITEM #33 - Purchase of polymer from Leahchem Industries, Inc., Titusville, FL, for the period 04/18/96 -04/17/99, for an estimated $339,000 (EN) ITEM #34 - License Agreement with PCS PrimeCo, L.P., a Delaware Limited Partnership, licensing to its non-exclusive use City communications towers at 3290 SR 580 and 1400 Young Street, and the North Water Tank at 1751 Kings Highway, for the purpose of installing & operating Personal Communications Systems (PCS) equipment for an initial 5 year term, with option to automatically extend for 4 additional terms of 5 years each, unless the City is timely notified to the contrary, providing for initial year lump sum annual rent payment of $37,800 payable upon the License commencement date, increasing 4% annually thereafter, due & payable in single annual installments upon each anniversary of the commencement date (EN) ITEM #35 - Ratify & Confirm C.O.#3 & Final to 1995 Gunite Restoration Contract to Infrastructure Services, Inc. / ISI Operating Corp., Franklin, TN, increasing the amount by $36,354 for a new total of $440,425 (EN) ITEM #36 - Appointment of Commissioners to various regional & miscellaneous boards (CLK) Garvey to: Florida League of Cities Board of Directors; Emergency Medical Services Advisory Council; Mayor’s Council of Pinellas County; ex-officio to DDB; Chi Chi Youth Foundation Trustees; Pension Advisory Committee; and St. Petersburg/Clearwater Economic Development Council; Johnson to: Tampa Bay Regional Planning Council; Pension Advisory Committee; and Pinellas Sports Authority; Clark to: Pension Advisory Committee; Pinellas Suncoast Transit Authority; and Metropolitan Planning Organization; Seel to: Performing Arts Center & Theater Board of Directors and Pinellas Planning Council; Hooper to: Jolley Trolley Transportation of Clearwater, Inc., Board of Directors and Homeless Task Force. Also, Commission members to rotate attending Suncoast League of Municipalities Board of Directors meetings and when CRA Vice-Chair is appointed, that person shall be 2nd DDB ex-officio member. ITEM #37 - Approve 2nd extension of six months to requirement of City Attorney contract to move into Clearwater to enable selling of house before relocation (CA) Commissioner Clark 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 - First Reading Ord. #6005-96 - providing for notice by certified mail, return receipt requested, or by personal service within 5 days after real property is posted (re Lot Clearing) (CRT) Current code requires staff give a property owner a copy of the notice of violation on or before the date a property is posted for a lot clearing violation. Mailing the notice after the property is posted would be more efficient and less time-consuming. All research on real property and/or vehicle ownership must be completed before notice can be mailed. Currently, the inspector must make one extra visit to the property. Under the proposed amendment, the property owner will still have a minimum of 10 days to comply. Commissioner Clark moved to approve providing notice by certified mail, return receipt requested, or by personal service within 5 days after real property is posted relating to lot clearing. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6005-96 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance #6005-96 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey "Nays": None. ITEM #39 - Res. #96-24 - providing for redemption of Parking System Revenue Bonds, Series 1983 on 07/01/96 (FN) The Parking Revenue Bonds, Series 1983, have the following maturities outstanding at 9.5% interest: 1) $100,000 maturing on January 1, 1997 and 2) $110,000 maturing on January 1, 1998. These bonds currently are subject to optional early redemption at 100% of par (no premium). The interest rate is high as compared with today's market. By redeeming these bonds with cash on hand earning less than 6%, the Parking Fund will save approximately $7,500. The Parking Fund has sufficient funds available to redeem these bonds. Commissioner Seel moved to provide for the redemption of the Parking System Revenue Bonds, Series 1983, on July 1, 1996, and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #96-24 and read it by title only. Commissioner Johnson moved to pass and adopt Resolution #96-24 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey "Nays": None. ITEM #40 - Contract for Traffic Engineering Services Field Operations Complex to Hennessy Construction Services, Corp., for $406,668.15; approve related expenditures of $19,700, for a total of $426,368.15 (EN) The City Manager stated staff has withdrawn this item and will bring it back in two weeks. ITEM #41 - Harborview Caterer Contract (CM) The City Manager requested setting a Special Meeting to discuss this issue at 1:00 p.m. before the Special Work Session scheduled for April 8, 1996. Commissioner Johnson moved to schedule a Special Meeting to address the Harborview Center caterer contract on April 8, 1996, at 1:00 p.m. The motion was duly seconded. Commissioners Johnson, Hooper, Seel and Mayor Garvey voted "Aye"; Commissioner Clark voted "Nay." Motion carried. Commissioner Clark expressed concern the meeting time provided little opportunity for input from concerned citizens and recommended the Commission reconsider their vote. In answer to a question, Ms. Rice indicated the City Commission had discussed the agreement previously. She said 50 contracts have not been finalized because a caterer has not been contracted. Commissioner Hooper questioned if the public can speak at Monday's meeting. It was indicated they could. Commissioner Clark said the meeting's time is not convenient for most citizens to attend. ITEM #42 - Other Pending Matters - None. CITY ATTORNEY REPORTS ITEM #43 - Other City Attorney Items a) Res. #96-31 - Requesting Florida Division of Alcoholic Beverages and Tobacco to issue a special license for alcohol consumption on-premises only to the Harborview Center, and requesting transfer of said license to the Facilities Caterer; rescinding Res. #96-18 The City Attorney recommended delaying action on this item until a decision is reached regarding the Harborview Center caterer. The Resolution will be placed on the April 8, 1996 agenda. ITEM #44 - City Manager Verbal Reports a) Legislative Update City Clerk Cyndie Goudeau reported the legislature is in session. Staff has contacted the City's lobbyist, Mr. Massie, regarding the City's priority issue, the Memorial Causeway Bridge. The Pinellas County Legislative Delegation lobbyist indicated the Delegation is aware of and supports the City's efforts. A bill introduced on behalf of Leon County would allow an agency to move forward with a project that should have been in the FDOT (Florida Department of Transportation) work plan. When the project's classification is corrected, the agency will be reimbursed. The shortcomings of Senator Latvala's last mangrove trimming bill are being corrected. Representative Morroni's bill is still in committee to address child pornography and the problem of unwelcome videotaping on the beach and in the bathrooms. In answer to a question, the City Manager said funding for Sand Key beach renourishment is in the Governor's budget. Mr. Massie is confident it is a priority issue in the House of Representatives. She expressed concern the Senate has not rated it as an important issue. Mr. Massie is working with the Senate and will contact the City if a telephone campaign is needed. The City Manager stated Legislative Action Day is scheduled for April 10, 1996, and would provide a good opportunity for City Commissioners to meet legislators, thank them for their support, and express their concern regarding this issue. ITEM #45 - Other Commission Action Commissioner Johnson questioned Commissioner Clark's concerns regarding the April 8, 1996, Special Meeting to award the Harborview catering contract. He noted the issue has been discussed a number of times. Commissioner Clark encouraged public input as the contract is of substantial size. He expressed concern regarding the provision granting the caterer 8% off the top. Commissioner Seel recommended a town meeting to address proposed Landmark Drive extension. She did not think people understand the ramifications of a decision. Commissioner Seel moved to delay the discussion of the Landmark Drive extension until May 2, 1996. There was no second. Mr. Shuford said staff will post signs in affected neighborhoods indicating the issue will be addressed at the April 18, 1996, Commission meeting at a specific time. Consensus was to schedule the Landmark Drive discussion for 7:30 p.m. on April 18, 1996. Commissioner Hooper thanked, on behalf of all candidates, the City Manager and staff for their quick response to candidate requests. Commissioner Clark thanked staff for the Harborview activity schedule. He recommended installing a Harborview sign in the near future. Commissioner Clark questioned if variance conditions were met for the Scientologists' sign on the old Clearwater Bank building. Ms. Rice reported the sign was replaced. Commissioner Clark requested the CRA address the DDB/CRA interlocal agreement at the next CRA meeting. He expressed concern monies are being transferred between the organizations for no good reason. Mayor Garvey announced the Downtown Market Place is held Saturday mornings. The next Saturday in the City event is scheduled for April 20, 1996. ITEM #46 - Adjournment The meeting adjourned at 8:48 p.m.