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10/17/1996 CITY COMMISSION MEETING CITY OF CLEARWATER October 17, 1996 Present: Rita Garvey Mayor/Commissioner J. B. Johnson Vice-Mayor/Commissioner Robert Clark Commissioner Ed Hooper Commissioner Karen Seel Commissioner Elizabeth M. Deptula City Manager Kathy S. Rice Deputy City Manager Bob Keller 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. Invocations were offered by Commissioner Johnson and Father Ignatios Achlioptas of Greek Orthodox Church of the Holy Trinity. The Mayor led the Pledge of Allegiance. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. ITEM #3 - Service Awards Two service awards were presented to City employees. James Albright, Police Department, was presented the October 1996 Employee of the Month award. Melvin Acton, Fire Department, was presented the 1996 Employee of the Year award. ITEM #4 - Introductions and Awards Proclamations: Manufactured/Mobile Home Owners Month - November 1996 Nurse Practitioner Week - November 3 - 9, 1996 Shriners Hospital Benefit Days - November 1 & 2, 1996 Florida City Government Week - October 20 - 26, 1996 ITEM #5 - Presentations Senior Recreation Supervisor Terry Schmidt congratulated and introduced members of the Colt 45s, Men's Over 45 Fastpitch National Champions, and Tampa Bay Smokers, 1996 International Softball Congress World Champions. a) Planning and Zoning Board - Annual Report Jay Keyes, past Chair of the Planning & Zoning Board, presented the Annual Report. The board serves as the local planning agency and reviews zonings, conditional use requests, etc. He reviewed the board's work during the past year and next year's objectives. The board is interested in redevelopment plans for Clearwater beach. Mr. Keyes thanked the Planning & Zoning Board for their service and the Commission for appointing him. He complimented Central Permitting staff, stating they are knowledgeable and helpful. b) Hillsborough Property - Bob Smith The City and E. Palomino Dairy, Inc. have a May 1982 agreement regarding custodianship of the City's Hillsborough County property. A 1987 Letter of Agreement also addresses this property. In his October 8, 1996, memorandum, Real Estate Services Manager Earl Barrett said a recent real estate appraisal of the property valued the land at $2,600 per acre. Hillsborough County Property Appraiser Ron Alderman currently assesses the property at an average value of $4,945 per acre. Four parties have inquired about the City's interest in selling or leasing the property since the September 4, 1994, publication of a St. Petersburg Times' article headlined, "Clearwater May Offer Sludge Site for Lease." The City Manager said Clearwater no longer uses the City-owned 400 acre Hillsborough County property as a sludge farm and its future use is under consideration. Bob Smith said he began farming the property in 1977. He grazed milk cows there after the City purchased it in 1982 for sludge disposal. Since the City sold a portion of its property, he has cared for the remaining 400 acres, running a few cows and operating a hay farm. He questioned future plans for the property, requesting advance notice if he cannot continue to use the property. He offered Commission members a guided tour. In response to a question, he said when he first entered into the agreement with the City, he was to pay the City a percentage of earnings. He said earnings are limited and indicated he would pay whatever is workable for the City. He said the City had not contacted him since 1987. He is phasing out his dairy business and plans to construct houses on his nearby property. The City Manager stated the City had tried to sell the entire property to Hillsborough County. She recommended issuing a RFP (Request for Proposal) regarding its future use. She said the City Commission recently had directed staff not to sell the property due to its low appraisal value but to market a lease. Mr. Smith said he earns between $2,000 and $4,000 annually farming the land. He said the property currently is only good for farming. The City Manager said interest was expressed for non-agricultural uses such as model airplane and shooting clubs. Mr. Smith said his maintenance of the property could coincide with other uses. In response to a question, the City Manager said zoning allows one residence per 5 acres. No infrastructure currently serves that area. Commissioner Hooper suggested contacting the National Golf Foundation regarding marketing the property as a golf course development. The City Manager said staff will explore alternatives and return to the City Commission with information. Direction was given to staff to sell the property at the highest possible value or come back to the City Commission with alternatives. The City will contact Mr. Smith regarding its decision. ITEM #6 - Approval of Minutes Commissioner Hooper moved to approve the minutes of the regular meeting of October 3, 1996, and the special meetings of September 30, 1996, and October 4, 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 Jay Keyes said the non-profit organization, Tampa Bay Harvest, feeds the hungry without cash donations. Volunteers at the Jazz Holiday are collecting non-perishable items. He requested concert patrons donate canned/dry foods. The organization also works with hotels, restaurants, and grocery stores. Sheila Cole said a great deal of tax money will be wasted if the Memorial Causeway Bridge is repaired instead of being replaced. She supported a well located and well-designed replacement and requested staff research every possible funding source. Gene Worobec invited the Mayor to the Polish Center's celebration of Polish International Day on November 9, 1996. Pam Wyatt suggested the Library adopt the movie rating guidelines for its video policy. She said New York City, Phoenix, and other cities allow parents to restrict their children's access to materials. One library card application states parents are responsible for monitoring their children. She recommended implementing a policy that allows parents to choose. PUBLIC HEARINGS ITEM #8 - Public Hearing & First Reading Ords. #6096-96 & #6097-96 - Annexation & P/SP Zoning for property located adjacent to Countryside Community Recreation Center, Sec. 29-28-16, part of M&B 22.02 (Florida Power Corp., A96-26) The City has requested annexation and proposed zoning of Public/Semi-Public (P/SP) for a portion of land adjacent to the City Countryside Recreation Center owned by Florida Power to allow the City to utilize this portion of the parcel corridor as a parking lot for the new Countryside Recreation Park. On October 1, 1996, the Planning & Zoning Board unanimously endorsed the request. Commissioner Hooper moved to approve the Petition for Annexation and Zoning Atlas Amendment to Public/Semi-Public (P/SP) for a portion of M&B 22-02, lying in Section 29-28-16 and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6096-96 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance #6096-96 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 #6097-96 for first reading and read it by title only. Commissioner Hooper moved to pass Ordinance #6097-96 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 #9 - Public Hearing - Res. #96-69 - adopting the Evaluation and Appraisal Report (EAR) of the Clearwater Comprehensive Plan Central Permitting staff has completed the State mandated EAR (Evaluation & Appraisal Report) of the City's Comprehensive Plan which was adopted November 16, 1989. Florida law requires all local governments to evaluate their respective Comprehensive Plans periodically and submit their findings to the DCA (Department of Community Affairs) for a Sufficiency Review. Essentially, the EAR process measures the effectiveness of the Plan by measuring the strengths and weaknesses of the City's Comprehensive Plan. The City's EAR was prepared with extensive citizen participation, primarily from Commission appointed Citizen Task Force groups established June 15, 1995. The DCA requires the final EAR to be adopted within 90 days of July 22, 1996, the date of receipt by the DCA. Staff has responded to DCA comments and concerns. On July 16, 1996, the Local Planning Agency endorsed the City Commission's adoption of the EAR document. Commissioner Hooper moved to approved the Evaluation and Appraisal Report and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #96-69 and read it by title only. Commissioner Johnson moved to pass and adopt Resolution #96-69 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 #10 - Variance(s) to Sign Regulations for property (Smart & Final) located at 1661 Gulf to Bay Blvd., Gulf to Bay Shopping Center, Lots 3 & 4 (Arthur & Mary Bruno, SV96-20) This property, on the South side of Gulf-to-Bay Boulevard between S. Keystone Avenue and S. Duncan Avenue, is zoned Commercial Center. The applicant is requesting the following variances: 1) a variance of one wall sign to allow 4 wall signs; 2) an area variance of 22 square feet from the permitted 205.5 square feet to allow a total of 227.5 square feet of attached sign area; and 3) a ratio variance of 0.4 square feet of sign area per foot of building width to allow a ratio of 1.9 square feet of sign area per foot of building width. The applicant proposes four wall signs on the building's front: 1) Smart & Final - 122 square feet; 2) Food - Supplies - Business - Home - 57.5 square feet; 3) Restaurant Supplies, Catering Supplies, Party Supplies - 24 square feet; and 4) No Membership - 24 square feet. The Mayor questioned why another sign was needed when the 57.5 square foot sign already states the company's business. Central Permitting Director Scott Shuford said the two, 24-square foot signs are planned for the pedestrian level. Tom Ferguson, representative, verified photographs of the signs on the property presented him by Mr. Shuford. Mr. Ferguson said the Smart & Final chain is new to the area and the other signage would help to identify an unknown business. It was noted the photographs presented do not reflect the smaller graphics on the sign. M. Shuford said the photographs were taken prior to the signs' installation. The store's name is listed on the shopping center's free-standing sign. Mr. Ferguson said the sign listing restaurant, catering, and party supplies clarifies that the store does not sell office supplies. "Business" is listed on the large sign because the store caters to small restaurants in addition to retailing to homeowners. Commissioner Clark felt the two eye-level signs could be combined into one. In answer to a question, Mr. Shuford said the store was credited with a signage bonus because of its distance from SR 60. The Mayor noted pictures of Smart & Final Stores in other communities show less signage than requested by this variance. Commissioner Seel suggested finding a creative way to accommodate a business that is new to the community. Commissioner Hooper moved to approve the following variances: 1) a variance of one wall sign to allow 4 wall signs; 2) an area variance of 22 square feet from the permitted 205.5 square feet to allow a total of 227.5 square feet of attached sign area; and 3) a ratio variance of 0.4 square feet of sign area per foot of building width to allow a ratio of 1.9 square feet of sign area per foot of building width, on property identified as Lots 3 and 4, Gulf-to-Bay Shopping Center, for meeting Sec. 45.24 Standards for Approval, items (1) - (4) and that the appropriate officials be authorized to execute same. The motion was duly seconded. Commissioners Hooper and Seel voted "Aye"; Commissioners Johnson and Clark and Mayor Garvey voted "Nay." Motion failed. The City Manager said staff will work with Smart & Final and come back to the City Commission if a variance is required without any additional fee. ITEM #11 - Public Hearing & First Reading Ord. #6094-96 - CG Zoning for property located at Hercules Ave. at Sunset Point Rd., Sunset Oaks, Lot 2 & S 160’ of Lot 1; Pinellas Groves SW, part of Lot 1; Sec. 1-29-15, M&B 13.02 (City initiated / Markos & Maria Poniros / Amoco Oil Co. / McDonald's Corp., Z96-11) This City rezoning would provide flexibility to property owners and developers by minimizing some zoning restrictions experienced by developers in these areas while protecting surrounding properties. The subject lots are located at the intersection of Sunset Point Road and N. Hercules Avenue. These properties involve multiple owners and are zoned Neighborhood Commercial (CN). It is proposed to rezone these properties General Commercial (CG) which is less restrictive than CN zoning. Current zoning does not permit the expansion of existing uses or likely future uses of the property. The proposed CG zoning district would provide the range of uses necessary for this nonresidential area to thrive. A CG district would have the highest number of permitted and conditional uses, highest density and floor area ratio, and minimum lot and front yard open space requirements. The current land use plan classification for these properties is Commercial General (CG) and will not be changed. The area is characterized by limited commercial uses. Current uses include the Amoco Gas Station on the South side of Sunset Point Road and Stingway's, Aum Discount Beverage, Pet Net, and Chubby Deli in a small strip center on the East side of N. Hercules Avenue. A new McDonald's restaurant is on the West side of N. Hercules Avenue and North side of Sunset Point Road. The Mobil Oil Gasoline Station next to McDonald's is in the County and is not included in this rezoning. Discussion and negotiations are underway to bring this property into the City. A similar CG zoning will be assigned to this property once it is annexed into the City. The proposed General Commercial zoning designation would be appropriate and consistent with the surrounding land use pattern including the existing depth of the Time Plaza Center which is zoned CG. The Time Plaza Center, on the South side of Sunset Point Road, is immediately opposite the Harborside Healthcare Nursing Home Center. The proposed amendment would be consistent with the need and relationship to adjoining uses and will provide for the full spectrum of commercial uses in the area. On October 1, 1996, the Planning & Zoning Board unanimously endorsed the request. Mr. Shuford said staff is planning for future needs and noted the importance of maintaining a buffer. John McGuire, representing his mother, said McDonald's was built next door to her house without her knowledge. He expressed concern regarding further expansion toward her property. Mr. McGuire distributed photographs taken from her back yard showing that McDonald's driveway crosses the lot between the properties and provides restaurant egress/ingress to Hercules Avenue adjacent to her fence. It was noted numerous public meetings had addressed the McDonald's project. In response to a question, Mr. Shuford said McDonald's had met the City's buffering requirement. Engineering Director Rich Baier said the driveway was designed to serve the parcel north of McDonald's which is zoned for office development. The City had worked with McDonald's engineer to provide the best access. Mr. McGuire said a retention pond is located 5 feet from his mother's property. Mr. Shuford said the proposed change would result in a consistent zoning pattern and provide the ground work for annexing the gas station. In response to a question, Mr. Shuford said the maximum permitted building height is 50 feet and no properties in the subject area have sufficient open space to qualify for an 80-foot building. A motel of this height would be unable to meet parking requirements. Mr. Shuford said all property owners within a 500-foot radius of McDonald's were notified of public hearings regarding its development. Commissioner Hooper moved to approve the Petition for Zoning Atlas Amendment from Neighborhood Commercial (CN) to General Commercial (CG) for Lot 2 and the South 160 feet of Lot 1, Sunset Oaks; together with a portion of Lot 1 Pinellas Groves SW; together with M&B 13-02 lying in Section 1-29S-15E and that the appropriate officials be authorized to execute same. The motion was duly seconded. Commissioner Seel expressed concern regarding intense uses and buffering. Mr. Shuford said vehicle service, which would be required to undergo the conditional use process, would be the most intense use for the property and would require buffering. Upon the vote being taken, the motion carried unanimously. The City Attorney presented Ordinance #6094-96 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance #6094-96 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 #12 - (Cont. from 9/19/96) Public Hearing & First Reading Ords. #6078-96 & #6079-96 - Land Use Plan Amendment to Institutional & P/SP Zoning for property located at 1331 Cleveland St., Brookwood Terrace Revised, Blk 6, Lots 3-8, part of Lots 1 & 2, Lots 9-13 and N½ vacated street (Jami Al Salam Inc., LUP96-05, Z96-10) The City Manager requested continuing the item. Commissioner Johnson moved to continue Item #12 to a date uncertain. The motion was duly seconded and carried unanimously. Public Hearing - Second Reading Ordinances ITEM #13 - Ord. #6099-96 - amending Sec. 2.561(7) authorizing City Manager to approve change orders up to $25,000 The City Attorney presented Ordinance #6099-96 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #6099-96 on second and final reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Clark, Hooper and Garvey. “Nays”: Seel. Motion carried. CITY MANAGER REPORTS CONSENT AGENDA (Items #14-27) - Approved as submitted less #23 and #27 ITEM #14 - Authorize a loan from Consolidated Cash Pool to Sand Key Power Line Project in an amount not to exceed $318,000 to be paid back over 10 years with 6% interest; approve $11,050 payment to Raymond James, City’s financial advisor, and $10,000 (plus out-of-pocket expenses of $2,089.66) to Bryant, Miller & Olive, City’s Bond Council, which are amounts equal to contracted amounts as if the projected bonds of $1.4 million had been issued; authorize transfer of $25,000 to General Fund from project to compensate the City for upgraded light poles; authorize transfer of $30,000 to General Fund from project to reimburse General Fund for administrative time spent by City Manager, Legal & Finance staff to implement project (FN) ITEM #15 - Amendment to existing contract with legal firm of Akerman, Senterfitt & Eidson, P.A., Orlando, FL, increasing legal counsel fees for Manufactured Gas Plant Site by $32,000 for a new total of $102,000 (GAS) ITEM #16 - Contract for advertising agency services to City departments on a project basis to Peak Barr Petralia Biety, Inc., within each user department's approved budget, for the period 10/01/96 -09/30/99 (IM) ITEM #17 - Cooperative Geographic Information System (GIS) services with Pinellas County - Agreement for 3 years, plus 2 optional 1 year extensions; approve purchase of hardware & computer licenses at an estimated $315,806.84; authorize creation of 4 additional GIS positions at an estimated $150,000/year for staff & benefits for year one and an estimated maximum cost of $318,240 for years 2 & 3; accept grant from Substance Abuse Advisory Board for $173,105.13 with City match of $46,311.71 (contraband forfeiture funds); recognize County match of $11,390 and accept grant from US Dept. of Justice, Weed and Seed Program for $35,000 (IM) ITEM #18 - Approve ranking of: 1) HDR Engineering, Inc., 2) Delta Seven / Peacock & Associates / Armstrong & Associates, and 3) IBIS / PBS&J re preparation of Management Plan for Camp Soule (Boy Scout Camp); authorize staff to proceed to negotiate a contract in order of ranking (PR) ITEM #19 - First Amendment to License Agreement dated 04/08/96 with PCS PRIMECO, L.P., providing for termination of all effects of said license in regard to premises at 1400 Young Street & 1700 Kings Highway, and ratifying certain other provisions described in said amendment, and approve Memorandum of License Agreement to be recorded in Public Records of Pinellas County (EN) ITEM #20 - Assignment and Assumption of Lease with Peerless Supply, Inc. to Noland Properties, Inc. dated 09/26/96, re city-owned property, A.H. Duncan’s ReSub, part of Lot 7, Sec. 22-29-15 (Consent) ITEM #21 - Cooperative Easement Agreement with Pinellas County School Board for construction of Allen’s Creek demonstration stormwater treatment project at Clearwater High School (EN) ITEM #22 - Contract for new airplane hangars at Clearwater Airpark to Hennessy Construction Services, Corp., St. Petersburg, FL, for $485,124.48 (EN) ITEM #23 - See below. ITEM #24 - Receipt/Referral - LDCA regulating public education facilities (CP) ITEM #25 - Accepting Brownfields Economic Redevelopment Initiative Cooperative Agreement (CM) ITEM #26 - Modification of Declaration of Unity of Title and Easement modification (Clearwater Christian College Private School) (CA) ITEM #27 - See page 10. In reference to Item #17, Commissioner Seel said she supported investment in GIS (Geographic Information System) technology and requested the administration consider ways to reduce staff levels through the resulting increase in technological abilities. In reference to Item #20, she thought the 2.5% rate of return on the Peerless Supply Lease was low. Commissioner Johnson moved to approve the Consent Agenda as submitted less Items #23 and #27 and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #23 - Contract for Determination of Need for Clearwater Beach Community Redevelopment Agency to O’Neil Planning and Design Services, Inc., for $20,000 (CP) The City received one response to the RFP (Request for Proposal) to determine the need for a CRA (Community Redevelopment Agency) district for portions of Clearwater beach. Staff attributes the low response to the requirement that the selected firm will not be considered for preparation of a CRA plan, if warranted, as well as the contract fee's complexity. A RFQ (Request for Qualifications) approach will be used for future consulting service work of this type to elicit a wider range of responses. The RFP review committee judged the respondent, O'Neil Planning and Design Services, Inc., to be highly qualified. Staff has negotiated a contract. Work will be completed by January 1997. The $20,000 cost is higher than anticipated. The scope of work proposed, however, includes a structure-by-structure analysis that will be useful for other purposes, such as unsafe structures, code enforcement, and design guideline programs. Staff feels this scope provides the City with good value. Mr. Shuford distributed an amendment to the contract for 10.0 (Warranty and Liability), paragraph 2. The paragraph now reads, "OP&DS's liability for injury or loss arising from professional error or omissions shall not exceed the amount of this contract OP&DS's liability for all other conditions for which it may be liable under this Agreement shall not exceed $250,000." Commissioner Clark moved to award a contract as amended to O'Neil Planning and Design Services, Inc. for Determination of Need for Clearwater Beach Community Redevelopment designation in the amount of $20,000 and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #27 - Lobbyist Contract - Legislative Consultant Services Agreement with law firm of Pennington, Culpepper, Moore, Wilkinson, Dunbar & Dunlap, P.A. (CA) On September 19, 1996, the City Commission approved a ranking for legislative consultant services of: 1) Pennington, Culpepper, Moore, Wilkinson, Dunbar and Dunlap; and 2) Smith, Bryan and Myers; and 3) Holland and Knight and directed staff to negotiate a contract with the top ranked firm. The City Attorney presented a Services Agreement contract for Legislative Consultant Services with Pennington, Culpepper, Moore, Wilkinson, Dunbar and Dunlap for City Commission approval. Commissioner Hooper complimented Pennington, Culpepper, Moore, Wilkinson, Dunbar and Dunlap for their lobbying efforts on behalf of the City regarding State funding to proceed with the Memorial Causeway Bridge replacement project. Mayor Garvey thanked Senator Latvala and Representative Safely on behalf of the City and City Commission for their efforts in helping to replace the bridge. Commissioner Hooper moved to approve the Lobbyist Contract for Legislative Consultant Services Agreement with the law firm of Pennington, Culpepper, Moore, Wilkinson, Dunbar & Dunlap, P.A. The motion was duly seconded and carried unanimously. OTHER ITEMS ON CITY MANAGER REPORT ITEM #28 - Res. #96-63 - Designating certain library employees as code inspectors and enforcement officers for purposes of enforcing Pinellas County Ordinance #96-52 for recovery of overdue library materials (LIB) Effective October 1, 1996, Florida public libraries can recover long overdue library materials through the State and County legal systems. Pinellas County Ord. #96-52 provides that failure to return library materials is a misdemeanor punishable by a $400 fine or up to 60 days imprisonment. The Pinellas County Sheriff's Department and State's Attorney's offices will prosecute violations of this County ordinance. Florida Statutes 162.21 and 162.22 require authorizing code enforcement officers to issue citations for ordinance violations. Staff recommends designating Library Division Manager - Technical Services and Librarian III - Circulation Manager as code inspectors and enforcement officers solely to issue citations for violations of County Ord. #96-52. Commissioner Seel moved to designate certain library employees as code inspectors and enforcement officers for the purposes of enforcing Pinellas County Ordinance #96-52 for the recovery of overdue library materials and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #96-63 and read it by title only. Commissioner Johnson moved to pass and adopt Resolution #96-63 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 #29 - Res. #96-64 - naming the Clearwater Community Sailing Center 2nd floor room the “Carlisle Room” (MR) The City wants to recognize Steve Carlisle for his contributions to the Clearwater Community Sailing Center. Over the years, he has contributed to the education of sailing students and the overall success of the Sailing Center through donations of funds and vessels. The MAB (Marine Advisory Board) recommended naming the Sailing Center's second floor room the "Carlisle Room." Harbormaster Bill Held said Steve Carlisle began donating to the Clearwater Community Sailing Center before the building was constructed. He noted this season was the center's most successful. The City Attorney presented Resolution #96-64 and read it by title only. Commissioner Clark moved to pass and adopt Resolution #96-64 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. Steve Carlisle said he contributed to the center without expecting anything in return. He said his family has prospered in Clearwater. Mr. Carlisle commended Ted O'Brien and the Windjammers for their work. He applauded the City for constructing the Sailing Center and said he is proud of this honor. Mr. O'Brien said Mr. Carlisle is an outstanding person and complimented Mr. Held. ITEM #30 - Payment of $34,570 to Post, Buckley, Schuh & Jernigan, Inc., City Engineer of Record, for comparative assessment of Cell 2 and “C” Pond concepts re Town Lake Project (EN) The City Manager said she was pulling this item from consideration. Commissioner Clark expressed concern the City had promised property owners to conclude this issue by the end of the year. The City Manager said that still may be possible. ITEM #31 - First Reading Ords. #6101-96 & #6102-96 - amendments to Occupational License Tax regulations & fee structure (CP) Last year, the City Commission approved new regulations and a new fee structure relating to occupational license taxes, as recommended by the Occupational License Equity Study Commission, under State guidelines. After working with the new regulations and fee structure, staff recognizes several necessary housekeeping and streamlining changes: 1) City Code Chapter 29 - add background check paragraph and make minor grammatical changes and 2) Appendix A - Schedule of Fees, Rates and Changes - indent major categories for clarification, add notes where necessary, provide specifications for penalty and transfer fees, specify calculation method for fractions in Merchant category, correct misstated or deleted fees, and other minor clarifications. Commissioner Clark said he would vote against the proposal. He expressed concern large inequities exist in the new licensing regulations. He has discussed this issue with the City Manager. Commissioner Johnson moved to approve the amendments to the Occupational License Tax regulations and fee structure and that the appropriate officials be authorized to execute same. The motion was duly seconded. Commissioner Clark said recently, some renewal fees had increased by 3% to 400%. The City Manager said a Tax Equity Study Commission had recommended these increases which were the first ones permitted in many years. Commissioner Seel said some merchants feel they are charged for inventories while others are not. Commissioner Clark said he is aware this ordinance only addresses housekeeping issues. Commissioner Seel recommended reconsideration of the fee structure. The Mayor requested staff come back if changes need to be made. She noted the Task Force had spent a great deal of time addressing this issue. Commissioner Seel requested staff address Commissioner Clark's concerns by a date certain. Upon the vote being taken, Commissioners Johnson, Hooper and Seel and Mayor Garvey voted "Aye"; Commissioner Clark voted "Nay." Motion carried. The City Attorney presented Ordinance #6101-96 for first reading and read it by title only. Commissioner Hooper moved to pass Ordinance #6101-96 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Hooper, Seel and Garvey. "Nays": Clark. Motion carried. The City Attorney presented Ordinance #6102-96 for first reading and read it by title only. Commissioner Johnson moved to pass Ordinance #6102-96 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Hooper, Seel and Garvey. "Nays": Clark. Motion carried. The Commission recessed from 8:08 to 8:24 p.m. ITEM #32 - First Reading Ord. #6084-96 - revising Appendix A, Schedule of fees, rates and charges for various permits & services related to building construction of Central Permitting (CP) The Central Permitting Department periodically reviews the Construction Technical Services Division's permit fee schedule, revenues, and costs. The proposed adjustment is designed to streamline the fee schedule by omitting, lowering, or raising some fees. The changes will generate an increase of about 5% in projected revenues for FY (fiscal year) 1996/97 and generate approximately $45,000 more than projected revenues of $900,000 and cover the proposed $932,110 budget. The last comprehensive fee adjustment was proposed in 1990. Highlights of proposed changes: 1) use contract price and eliminate Southern Building Code Congress International, Inc. values to determine project valuation; 2) eliminate consultation fees and permit fee estimates; 3) increase the plan examination and permit fee schedules by approximately 5%; 4) create a more equitable plan examination fee schedule for one and two family projects; 5) remove fees for review of flood zone plans, threshold buildings, and zoning; 6) clarify plan amendment fees; 7) clarify fees for additional and replacement copies of the certificate of occupancy; 8) raise the threshold on permit fee refunds and establish a reasonable maximum charge; 9) eliminate the "Laundry list" of permit types from the ordinance; 10) remove the redundant permit fee table under House Move; 11) remove fee for recertification of electrical service; 12) add fees for zoning verification letters and research time; 13) allow building official to set policies regarding when reinspection fees, follow-up fees, and after the fact permit fees are assessed; 14) create fee category to allow City to recover cost of administering State required notice of commencement forms; 15) clarify combination permit definition; and 16) simplify wording for appeals and make appeal fees consistent. Currently, one and two family projects pay a plan examination fee for new construction only. Recently, additions and remodelings have become larger in scope and require staff to spend as much time reviewing these types of plans as new projects of comparable value. A sliding fee schedule is proposed for one and two family projects resulting in a 5% average increase for residential permit fees. A question was raised if fees should cover City costs, and the City Manager said that is no longer stated policy. Commissioner Clark said the ease of service for customers is important. Commissioner Clark moved to revise Appendix A, Schedule of fees, rates, and charges relating to Sec 47.083(4) of the Code of Ordinances and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6084-96 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance #6084-96 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 #33 - City Hall Renovations - transfer $500,000 from Creative Beers construction project account and $15,800 from projected funding to Rowe Architects, Inc. to a City project fund (CM) Staff recommends the Building and Maintenance staff manage the renovation work for City Hall to provide greater flexibility in relocating City Hall employees during construction work and to accomplish necessary repairs for the 3- to 5-year temporary renovation project. Staff is writing specifications to secure bids so work can be scheduled. Bids in excess of $25,000 will be presented to the City Commission for approval. Creative Beers and Rowe Architects, Inc. have complied with the staff request to deduct these funds from the Phase 10 construction project. According to his October 14, 1996, fax, Acting Assistant City Manager Bill Baird noted changes in the scope to City Hall renovations: A) general changes - 1) add fire sprinkler system and fire pump; 2) provide 1 hour fire rating for stairwell; 3) modify communication closets; and 4) relocate electrical circuits, television, and communications connections; B) 1st floor - 1) omit proposed ADA ramp; 2) omit South stairwell exit; and 3) build opening in North wall of room B106; C) 2nd floor - 1) enclose catwalk with glass; D) 3rd floor - 1) omit exit corridor and stair tower; 2) remove glass wall on South end of room A314 (City Manager reception area); 3) no change to rooms 305B-R, 316A-R, 316B-R, 301A-R, 301B-R, 316, and 317A-R; 4) remove sink and millwork in room 317A-R; 5) expand TV production room B316, Legal Department workroom B314, and Legal offices B313 and B320; and 6) modify computer room. Mr. Baird said a bid of approximately $70,000 for the sprinkler system and fire pump was received. The bid does not include patching or repair of building components required to install a fire suppression system. The bid excludes costs associated with asbestos abatement required for installation. The City Manager said the guaranteed maximum price for the Municipal Services Building, Police Department, and parking garage would be amended. She recommended staff take charge of City Hall renovations. Commissioner Clark recommended completing projects in progress first, as the City Hall project will create additional administrative work for the General Services Department. The City Manager noted City Hall's air-conditioning system could break down at any time. She said City Hall has fire code and ADA issues and is not tied into the City's computer system to access technology in the Municipal Services Building. Waiting 6 months would be a hardship for City Hall employees. Commissioner Clark complimented Mr. Baird on the good job he has done but expressed concern in burdening him with another project. Mr. Baird felt the proposed project is necessary even though it will increase demands on his staff. He expressed concern regarding life safety issues and the air-conditioning system. He said if the City gambles and the air-handler breaks, the air-conditioning system could be down for 4-8 weeks while parts are ordered. He said now is a good time to repair it. He pointed out fiber optics are being brought into the building at this time. In response to a question, Mr. Shuford said staff would use the same approach for City Hall as any other building in Clearwater, requiring compliance with the fire code or demanding vacating the building. Commissioner Seel noted this item only addresses the transfer of funds and does not schedule a time table. Staff will return to the City Commission with bids. Commissioner Seel moved to approve the transfer of $500,000 from the Creative Beers construction project account and $15,800 from projected funding to Rowe Architects, Inc. to City Hall Renovations project fund. The motion was duly seconded. In response to a question, the City Manager said the City Commission can stop this project in the future. Staff will bid out electrical and plumbing work and sprinkler installation. City Hall will have to be vacated for approximately two months. Staff is looking to schedule City Commission meetings in the County Commission chambers. Upon the vote being taken, the motion carried unanimously. ITEM #34 - 1997 Legislative Program (CLK) The City Clerk recommended the following legislative issues as the City's 1997 priorities: 1) Bridge Funding - fund highly ranked functionally obsolete bridges; 2) Memorial Causeway Bridge Funding - clarify 1996 House Bill 539 intent so funds allocated for reimbursement could be used for design and construction; 3) Community Redevelopment Act - propose legislation to change "slum and blight" language; 4) Risk-Based Corrective Action for Environmental Assessment and Contamination Remediation - establish framework for development; 5) Joint & Several Liability - eliminate lender and innocent party liability; 6) Voluntary Clean-Up Exemption from Regulatory Penalty - encourage voluntary compliance while retaining appropriate penalties for intentional or negligent actions; and 7) Petroleum Storage Tank Program - adequately fund remediation of known risk sites and prioritize resources to those sites. The City Clerk said the City's new lobbyist believed the City had too many priorities last year to focus on specific issues of particular importance to Clearwater. Commissioner Seel recommended adding credit cards for governmental fees and one-call bill legislation. Commissioner Clark suggested the City support strict handicapped parking regulations if legislation is proposed. Commissioner Seel referred to the public service utility tax fuel cost exemption issue. She felt this hidden tax replaces ad valorem taxes. Commissioner Seel moved to remove the public service utility tax fuel exemption issue from the 1997 Legislative Program. The motion was duly seconded. Commissioner Seel voted "Aye"; Commissioners Johnson, Clark and Hooper and Mayor Garvey voted "Nay." Motion failed. Commissioner Johnson moved to approve the 1997 Legislative Program as proposed. The motion was duly seconded and carried unanimously. ITEM #35 - Other Pending Matters - None. CITY ATTORNEY REPORTS ITEM #36 - Resolutions a) Res. #96-65 - Demolition Lien - 1114 Carlton St., Greenwood Park First Addition, Blk B, Lot 23 (Alma Davis) The City Attorney presented Resolution #96-65 and read it by title only. Commissioner Clark moved to pass and adopt Resolution #96-65 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. b) Res. #96-67 - Abatement Lien - 1980 Byram Dr., Sunset Highlands Unit 1, Lot 48 (Bill Nelson) The City Attorney presented Resolution #96-67 and read it by title only. Commissioner Hooper moved to pass and adopt Resolution #96-67 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. c) Res. #96-68 - Amending Commission Rules The City Attorney presented Resolution #96-68 and read it by title only. Commissioner Johnson moved to pass and adopt Resolution #96-68 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. d) Res. #96-70 - Assessing property owners the costs of having mowed or cleared owners’ lots The City Attorney presented Resolution #96-70 and read it by title only. Commissioner Seel moved to pass and adopt Resolution #96-70 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 #37 - Other City Attorney Items Vogel Property The City Attorney reported the deadline has passed for the City to receive the deed for the Vogel property right-of-way along the Landmark Drive extension. She recommended filing a lawsuit to enforce the agreement. The Engineering Department is on a tight construction schedule. Staff had prepared a deed and forwarded it to the Vogels' attorney. When contacted by staff, the Vogels had indicated the deed would be returned. Commissioner Hooper moved to authorize the City Attorney to proceed in filing a lawsuit against the Vogels regarding the deed for right-of-way along the Landmark Drive extension as per the agreement. The motion was duly seconded and carried unanimously. ITEM #38 - City Manager Verbal Reports a) Local Interest Group, Memorial Causeway Bridge Report Mr. Baier said the last LIG (Local Interest Group) meeting to address the Memorial Causeway Bridge had a good turnout. He felt the 87 votes to build a new bridge were representative of the need for a new bridge. The Mayor said LIG participants had favored the alignment with the least amount of information. Commissioner Seel recommended scheduling another LIG in a location more convenient to other parts of the community. Staff will review other locations. b) 11/4/96 Work Session - conflict with TBRPC Consensus was to schedule the November 4, 1996, Work Session to start at 1:00 p.m. Edgewater Drive meeting The City Manager reported the November 4, 1996, Edgewater Drive meeting is scheduled to be held in City Hall chambers. 11/2/96 Joint CRA/DDB meeting The City Manager requested the City Commission cancel the November 2, 1996, joint CRA (Community Redevelopment Agency)/DDB (Downtown Development Board) meeting to give staff additional time to prepare. She suggested including additional groups for input regarding a shared vision for downtown. She suggested meeting in early January 1997. Consensus was to cancel the November 2, 1996, joint CRA /DDB meeting. City Government Week The City Manager said brochures were distributed to Commission members regarding City Government Week which runs October 20 - 26, 1996. Pier 60 Park Grand Opening The City Manager reported the Grand Opening of the Pier 60 Park has been rescheduled for the afternoon of November 24, 1996. ITEM #39 - Other Commission Action a) City Manager Compensation Consideration Commissioner Seel moved to postpone any City Manager compensation increase and to establish a salary and performance review in 6 months. The motion was duly seconded. Discussion ensued regarding reimbursement for unused vacation. It was indicated this would be addressed separately. Commissioner Clark supported the motion, noting the City Commission had pointed out significant changes to be made. He felt scheduling a review in 6 months is reasonable. He recommended delaying the City Manager's next review until October 1998, if the 6-month review is rated "Satisfactory" or better. Commissioner Johnson questioned the delay. Commissioner Seel said the City Manager is a fine, hardworking person but the past 6 months have been turbulent. The Mayor said the City Commission needs to establish goals and standards of performance for the City Manager. She recommended continuing this issue for 2 weeks. The City Manager noted the Charter requires the City Commission to provide the public with a review of the City Manager each October. Commissioner Clark said that report does not have to be a formalized review. Commissioner Seel felt the Commission should continue to schedule City Manager and City Attorney evaluations together. Commissioner Johnson felt the City Manager had under-rated her accomplishments, noting the City Commission had provided little direction. He stated problems were related to an Assistant City Manager who had not kept her informed. He said the City Manager is a dedicated, loyal employee, and the City Commission needs to provide her with direction. The Mayor said the City Commission should not micro-manage. Commissioner Seel believed the City Commission, as the board of directors, owes it to the taxpayers to be careful when giving salary increases. Commissioner Hooper agreed the City Manager is being held responsible for one particular issue, construction. However, that issue represents a $40-million expenditure. He referred to documentation problems with the construction projects and pointed out neither the Harborview Center nor Municipal Services Building is completed. He felt the City Manager's self-evaluation was fair and honest. In response to a question, the City Manager indicated the evaluation process for SAMP employees is a developmental one and SAMP employees will receive an across the board increase of 5%. Last year, Department Directors were awarded a 4% across the board increase. Other increases were based on performance. The Mayor said the City Manager has done a good job overall and felt she should receive some increase. Discussion ensued regarding the upcoming strategic planning meetings. The City Manager said that would be the time to clarify roles to arrive at mutually agreeable goals and priorities. Commissioner Seel amended her motion to include establishing goals and priorities and standards of performance for the City Manager starting at the November 10, 1996, meeting. The seconder agreed. Upon the vote being taken on the amended motion, Commissioners Clark, Hooper and Seel voted "Aye"; Commissioner Johnson and Mayor Garvey voted "Nay." Motion carried. Commissioner Hooper moved to amend the City Manager's compensation package to permit reimbursement for up to 7 unused vacation days. The motion was duly seconded. Commissioner Johnson questioned if the City can require the City Manager to use her vacation time. Commissioner Clark said that is a lifestyle choice. Commissioner Hooper noted the City Manager has had only one Deputy City Manager to assist her for some time. Upon the vote being taken, the motion carried unanimously. The Mayor said the most effective managers surround themselves with talented people. She said the City Manager is doing her best to accomplish that. b) City Attorney Compensation Consideration Commissioner Clark said the City Attorney's evaluation was rated "Excellent." Commissioner Clark moved to increase the City Attorney's salary by 5%. The motion was duly seconded and carried unanimously. Commissioner Johnson thanked Commissioner Seel for addressing parking problems at Ruth Eckerd Hall. Commissioner Seel said PACT plans to make parking more efficient. Commissioner Seel commended the Mayor's letter to Jack Critchfield regarding women's equity in education and employment Mayor Garvey referred to minutes from a recent Parks & Recreation Board meeting and expressed concern staff not spend more than 8 hours meeting advisory board direction. Mayor Garvey reported a veteran’s organization has offered to donate a flag pole to the City. Commissioner Clark referred to an in-kind request from Margaret Hyde for the November 9, 1996, Discovery Day. The City Manager indicated the request was received too late to agenda the item. The Mayor noted the City Commission's policy is to only sponsor special events approved in the budget. The City Manager said in-kind donations impact department budgets. Commissioner Seel recommended staff be more proactive regarding upcoming activities. Commissioner Clark noted two City Commissioners sit on the DDB (Downtown Development Board). The Mayor said the DDB had not reported this need. Mayor Garvey expressed concern trees and bushes block several sidewalks. The Community Response Team will review. Mayor Garvey invited people to attend the Jazz Holiday, scheduled tonight through Sunday, October 20, 1996. ITEM #40 - Adjournment The meeting adjourned at 9:30 p.m.