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11/07/1996 CITY COMMISSION MEETING CITY OF CLEARWATER November 7, 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. The invocation was offered by Pastor Anthony Ballestero of The Pentecostals of Clearwater. 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 - None. ITEM #4 - Introductions and Awards - None. ITEM #5 - Presentations a) Municipal Code Enforcement Board - Annual Report Chair Steve Swanberg presented the MCEB (Municipal Code Enforcement Board) Annual Report. He recommended upgrading the orientation process for new board members. He thanked City staff for their support. b) C-View Task Force Report Task Force Member Deanna Bennett presented the C-View Task Force Report. The Task Force has addressed all aspects of C-View's management and operation. They considered alternative funding sources and concluded C-View works well within their budget. Schedules now can be accessed on the web page and by telephone. The Task Force recommends an annual mass mailing to utility customers with C-View information. She commended C-View for providing tent cards for tourists in hotel rooms and suggested advertising C-View at the Welcome Center and through Chambers of Commerce mailings. Ms. Bennett said staff has improved the technical aspects of the station and noted some problems are beyond staff control. She recommended a broadcast specialist oversee upgrades if the Commission chambers is renovated. She complimented staff for planning the new facility in the Municipal Services Building and felt the City's investment is worthwhile. Ms. Bennett commended C-View staff for being cooperative and competent. She stated Information Management Director Jeff Harper, Community Outreach Manager Carrie Huntley, and Board Reporter Patricia Sullivan had been helpful. She said C-View's overall improvement has been excellent. She did not think any more issues require the Task Force's attention. She said serving on the Task Force had been a positive and rewarding experience. 1) Disband or Continue Commissioner Johnson moved to disband the C-View Task Force with the City Commission's deepest appreciation. The motion was duly seconded and carried unanimously. c) Tampa Bay Chamber Orchestra request for $2,000 John L. Hyer, Executive Director of the Tampa Bay Chamber Orchestra, said the orchestra's annual budget is $135,000 and is without debt. The chamber orchestra has performed for more than 5 years in a Clearwater home and now plans performances at the Unitarian/Universalist Church Octagon Center. He said the chamber orchestra differs from a full orchestra, highlights local artists, and plays music from all centuries. He said this request would cover the orchestra's increased costs to perform in Clearwater and make the orchestra accessible to Clearwater residents. Mr. Hyer said the orchestra seeks Clearwater representation on their board. The Mayor noted funding requests should be presented at budget preparation time. She requested data on attendance at chamber orchestra performances. Mr. Hyer announced the concert schedule and stated tickets cost $15 each. ITEM #6 - Approval of Minutes The Mayor referred to her second comment on page 20 under "Other Commission Action," and requested "military order" be changed to "a veteran’s organization." Commissioner Hooper moved to approve the minutes of the regular meeting of October 17, 1996, as amended. The motion was duly seconded and carried unanimously. ITEM #7 - Citizens to be heard re items not on the Agenda Bill Kirbas suggested C-View TV scroll the agenda prior to meetings. The City Manager stated Vision Cable had provided that service but C-View TV currently does not have the needed technology. The agenda currently is available on the Internet or via fax from the City Clerk's Department. Sheila Cole commended the City and staff for the new tropical directional signs decorated with a hibiscus logo. She expressed concern regarding the tile on Harborview Center steps being damaged. She invited the Commission and others to attend a November 20, 1996, informational meeting at the Long Center regarding proposed Penny for Pinellas funding. ITEM #8 - Public Hearing & First Reading Ord. #6108-96 - Granting to Time Warner Entertainment - Advance/Newhouse Partnership the permission to occupy municipal streets and rights-of-way in the City as a means of providing cable television services; prescribing terms and conditions accompanying the Grant of Franchise; and prescribing penalties for violation of its provisions; providing for severability of provisions Ordinance #6108-96 grants Time Warner the use of the City's rights-of-way for 15 years. Time Warner will pay a 5% franchise fee which is the highest allowed by law. This fee can be changed if the law changes or if the City changes the fee by resolution. Time Warner will pay, in a manner satisfactory to the City, a $50,000 grant for the City to use for any lawful purpose. In addition to public buildings their system passes, Time Warner will provide one free cable drop and free basic and tier services excluding premium services, audio services, and pay-per-view to public buildings already provided with free drops. Appendix A describes the system and requires a state-of-the-art system as defined in the area. Appendix B describes the terms and conditions applicable to work on the system. Appendix C describes the system, terms, access channels, equipment, facilities, and services including: 1) Time Warner to provide a $100,000 matching grant to the City for purchase of government access equipment within 1-month of effective date of this Agreement; 2) on or before December 1, 2003, Time Warner to provide the City a government access equipment grant in an amount equal to $2.50 times the number of system subscribers as of October 21, 2003; and 3) until Time Warner renews its franchise with Pinellas County, the City will pay Time Warner $50,000 for the first 3 years of the Agreement and $75,000 for the remaining term of the Agreement with a CPI after the fifth year. Should Time Warner become the sole provider, this requirement terminates. Appendix D describes franchisee's obligations with respect to institutional network and Appendix E describes customer service standards. Commissioner Johnson moved to approve the proposed application and franchise agreement for cable service negotiated with Time Warner Entertainment - Advance/Newhouse (Time Warner) and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6108-96 for first reading and read it by title only. Commissioner Seel moved to pass Ordinance #6108-96 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 - First Reading Ord. #6107-96 - Proposed change to previously approved DRI to allow: 1) land use conversion to office and/or hotel development for Parcel 4, Sec. 17-29-16, M&B 29.013 located within Park Place DRI, and 2) reflect changes in ownership and configuration of parcels of property within the development (Park Place Land, LTD) The applicant requests a modification to the Park Place Development Order to allow a mixed use of hotel and office uses in Parcel 4. In 1983, the Park Place development was approved as a DRI (Development of Regional Impact). The DRI was amended in 1991 and 1994. The proposed modification uses conversion factors to create a trade-off mechanism allocated to Parcel 4 to permit converting 69,722 square feet of retail floor area for up to 50,000 square feet of office plus a 140-room hotel as illustrated by the applicant's preliminary site plan. The DRI contains conversion factors that allow different development types which are not more intense if the proposed plan is not pursued. The traffic methodology analysis, indicating a reduction in peak hour trips, results in a less intense development than proposed in the 1994 Development Order. Parcel 4 has a Residential/Office/Ret il (R/O/R) land use classification, but will require a zoning amendment from Commercial Center (CC) to General Commercial (CG) to permit the hotel use. The owner does not wish to apply for a zoning amendment now. Commissioner Hooper moved to approve the modified Development Order for Park Place and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6107-96 for first reading and read it by title only. Commissioner Hooper moved to pass Ordinance #6107-96 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 #10 - Public Hearing - Amendment to Wal-Mart CPD zone to increase nonresidential development intensity by allowing construction of a Wendy’s Restaurant along US 19N frontage between Kinko’s and Jiffy Lube outparcels (23106 US 19N, Loehmann’s Plaza, Lot 1, Loehmann’s Plaza Replat, Lots 1-3) (Wal-Mart Stores, Inc. / Wendy’s International, Inc. / Taheri Family Trust / Kinko’s of Georgia, Inc. / Brandon Nu-West Clearwater, Ltd., Z96-09) This Wal-Mart Store's CPD (Commercial Planned Development) has a history of development requests and amendments. On December 3, 1991, the Planning & Zoning Board recommended amending the Zoning Atlas from Commercial Center (CC) to CPD subject to 13 conditions. On December 5, 1991, the City Commission approved the request subject to 13 conditions and passed Ordinance #5145-91 on first reading. On July 16, 1996, the Planning & Zoning Board endorsed a request to modify CPD condition #15 to allow Wal-Mart to remain open 24 hours/day 7 days/ week subject to 4 additional conditions. On August 1, 1996, the City Commission approved the request by a 3-2 vote subject to the 4 additional conditions. Wendy's International, Inc., the current applicant, is requesting a zoning amendment to the Wal-Mart CPD to increase non-residential development density. Under this proposal, a 2,815 square foot Wendy's restaurant will be constructed on the outparcel adjacent to US 19N between Kinko's Copy Center and Jiffy Lube. The proposed project would be a major amendment to the certified site plan for the Wal-Mart CPD. The applicant asserts that Wal-Mart will not lease or be involved with this outparcel except for the cross access easement. According to the applicant, Wendy's International, Inc. intends to purchase the property from Wal-Mart, subject to all approvals from the City, and will be the fee simple owner. Staff initially was reluctant to support this request as the development could block the view of Wal-Mart. The marketability of nearby centers with similar outparcel development is adversely affected because the tenants have limited visibility from US 19N. Under the current proposal, the Wal-Mart property would have a 110-foot lot width, considerably less than the 300-foot minimum lot width of Commercial Center districts. The applicant, however, has revised the site plan and increased the separation between Wendy's and Kinko's to develop a view corridor making Wal-Mart readily visible from US 19N. The proposed lot size meets the minimums established for the Highway Commercial zoning district. Traffic congestion on US 19N and SR 590 will increase. The proposed development will generate 1,999 additional daily trips to the area. The 1995 Link Level of Service for SR 590 and US 19N have a level of services "F." US 19N currently is above capacity due to local traffic from adjacent developments and inter-city movement. This concern will be addressed as the applicant goes through the site planning process and concurrency management requirements are imposed. It appears concurrency requirements can be met as US 19N traffic volumes have decreased substantially since 1990. A number of interchanges and overpasses, including one at SR 590, are part of the adopted MPO (Metropolitan Planning Organization) 2015 Cost Affordable Plan for US 19N. No construction date has been set. According to the MPO, construction will commence at SR 590 after completion of the Drew Street overpass. The MPO indicated right-of-way acquisition negotiation has begun. The development review process must consider access management. The applicant states the FDOT (Florida Department of Transportation) "taking" line does not include the Wendy's building or any required parking for the business. On October 15, 1996, the Planning & Zoning Board endorsed the request by a 5-1 vote. Central Permitting Director Scott Shuford said public comment regarding this item referred to the Wal-Mart building. Wal-Mart advised the CRT (Community Response Team) they will address complaints regarding glare from rear lights. Mr. Shuford said staff will monitor recent neighbor complaints that trucks park behind the Wal-Mart building. He requested residents contact the City when those problems occur. He said the landscaping exceeds City requirements. Recently installed plants will develop into an effective buffer. Staff will continue monitoring the landscaping. The Mayor questioned if the proposed Wendy's can support a freestanding sign. Mr. Shuford said the City can assign signage on a CPD and recommended approval of a freestanding sign request. He said parking requirements will be met. Commissioner Clark recommended requiring Wal-Mart to be brought into compliance immediately. Mr. Shuford said second reading of the ordinance could be delayed until Wal-Mart resolves all concerns. Tim Johnson, attorney representing Wal-Mart and Wendy's, said FDOT took a nearby Wendy's for retention needs. He said Wal-Mart currently is addressing concerns presented by the CRT. Kate Kilbride said Wal-Mart never lives up to their promises, noting the store had extended their hours previously without permission. She hoped taxpayers will not have to pay Wendy's for another building. She said the Pizza Hut and Taco Bell inside Wal-Mart account for a great deal of trash outside the building. Discussion ensued regarding no ordinance being attached to this item. Staff will investigate. (Note: It was later found no ordinance is required for this action.) Commissioner Seel stressed the new Wendy's location is outside FDOT's taking lines. Commissioner Seel moved to approve the petition for an addition of a Wendy's restaurant to the Wal-Mart Store's Commercial Planned Development Site Plan for Loehmann's Plaza Replat, Lots 1-3; Loehmann's Plaza, Lot 1 at 23106 US 19N as it appears to be supported by the Standards for Approval of Land Development Code Section 40.675 and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #11 - Public Hearing & First Reading Ord. #6093-96 - LDCA to establish additional supplementary conditional use permit standards consistent with the PPC Rules (LDCA96-19) After passage of the high tech manufacturing ordinance in June 1996, the City received a letter from PPC (Pinellas Planning Council) Executive Director David Healey, indicating a few changes to this ordinance are needed for it to be fully consistent with PPC Rules. Staff has prepared the changes and is processing a code amendment to bring the City into full compliance. Staff has not processed any conditional use permits or other zoning approvals that would be inconsistent with these requirements. On October 15, 1996, the Planning & Zoning Board unanimously recommended approval. Mr. Shuford said the interocular lens company was delayed in obtaining their construction permit due to concerns regarding an uninterrupted power source. Staff will work with them regarding this issue. Commissioner Clark moved to approve a Land Development code amendment to establish additional supplementary conditional use permit standards consistent with the Pinellas Planning Council rules. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6093-96 for first reading and read it by title only. Commissioner Hooper moved to pass Ordinance #6093-96 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 - Public Hearing & First Reading Ord. #6100-96 - LDCA to allow outdoor cafes in P/SP and Open Space/Recreation zoning districts on Clearwater Beach (LDCA96-20) A City Marina tenant wants to complement his existing restaurant with an outdoor cafe. The Public/Semi-Public zoning district does not provide for outdoor cafe uses as provided for most other zoning districts on the beach. The property owner is ineligible for the provisions of the outdoor cafe ordinance, including some relaxation of parking requirements. Staff feels both the Public/Semi-Public and Open Space/Recreation (e.g., Pier 60 development) districts on the beach should be eligible for consideration for outdoor cafe use. On October 15, 1996, the Planning & Zoning Board unanimously recommended approval. Commissioner Johnson moved to approve a Land Development code amendment to allow outdoor cafes in Public/Semi-Public and Open Space/Recreation zoning districts on Clearwater beach. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6100-96 for first reading and read it by title only. Commissioner Seel moved to pass Ordinance #6100-96 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 Ord. #6092-96 - LDCA to allow funeral homes in P/SP zoning districts (LDCA96-18) The City Manager requested continuing this item as the issue was improperly advertised before the Planning & Zoning Board had discussed it. Commissioner Hooper moved to continue Item #13 until November 21, 1996. The motion was duly seconded and carried unanimously. ITEM #14 - 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 a ratio variance of 0.2 square foot of sign area per foot of building width to allow a ratio of 1.7 square feet of sign area per foot of building width. The applicant proposes three wall signs on the building's front: 1) Smart & Final - 122 square feet; 2) Food - Supplies - Business - Home - 57.5 square feet; and 3) No Membership - 24 square feet. Commissioner Hooper moved to approve a ratio variance of 0.2 square foot of sign area per foot of building width to allow a ratio of 1.7 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. The motion was duly seconded and carried unanimously. ITEM #15 - Variance(s) to Sign Regulations for property (Ramada Inn) located at 521 S. Gulfview Blvd., Sec. 17-29-15, M&B 22.02 (Clearwater Gulfview Hotel Trust, SV96-21) This property, on the southerly side of S. Gulfview Boulevard, is at the South end of Hamden Drive and is zoned Resort Commercial 28. The applicant is requesting an area variance of 116.8 square feet from the permitted 56 square feet to allow a total of 172.8 square feet of attached sign area. The applicant proposes to place three "Ramada" signs on the building: 1) a 101.3-square foot sign placed on the building's front near the roof; 2) a 14.5-square foot sign placed on a canopy near the front main entrance; and 3) a 57-square foot sign placed on the building's westerly side near the roof. On July 12, 1990, DCAB (Development Code Adjustment Board) approved an area variance of 249.6-square feet to allow 264.4-square feet of attached signs for the Holiday Inn Gulfview on this property. The approval was conditioned on bringing the signs into compliance with the sign code by October 13, 1992. Ramada Inn General Manager Leif Chaffee said the hotel needed to maintain positive identification. He said most signage on the building had been removed. He said signage is necessary for guests to find the property. Mr. Shuford reported the applicant's compromise offer: 1) Sign #1 - 57 square feet; 2) Sign #2 - 14.5 square feet; and 3) Sign #3 - 57 square feet. The letters on sign #1 would be reduced by 1-foot. In answer to a question, Mr. Chaffee estimated sign #1 will be 50 feet off the ground. Commissioner Clark moved to approve an area variance of 72.5 square feet from the permitted 56 square feet to allow a total of 128.5 square feet of attached sign area, on property identified as Sec. 17-29-15, M&B 22.02, for meeting Sec. 45.24 Standards for Approval, items (1) - (4). The motion was duly seconded and carried unanimously. ITEM #16 - Variance(s) to Sign Regulations for property (Brookwood Apartments) located at 501 Fairwood Ave., Sec. 8-29-16, M&B 34.01 (Clearwater Apartments I Ltd., SV96-22) This property, on the East side of Fairwood Avenue, is North of Drew Street and zoned Multiple-Family Residential "Sixteen." The applicant is requesting the following variances: 1) a 17.18-square foot area variance from the permitted 24-square feet to allow a 41.18-square foot freestanding sign; 2) a 1.7-foot height variance to allow a 7.7-foot tall freestanding sign; 3) a 5-foot setback variance to waive the required 5-foot setback; and 4) a 3-square foot area variance to permit a 7-square foot directional sign. Mr. Shuford said the name of the complex is Brookgreen and the directional sign is located interior to the property. Tim Johnson, attorney representing the applicant, verified photographs of the property presented him by Mr. Shuford. Mr. Johnson said this request is for one 41-square foot sign, noting the property qualifies for two signs totaling 48-square feet. In response to a question, Mr. Shuford said the City currently does not enforce sign regulations related to flags. Commissioner Johnson moved to approve the following variances: 1) a 17.18-square foot area variance from the permitted 24-square feet to allow a 41.18-square foot freestanding sign; 2) a 1.7-foot height variance to allow a 7.7-foot tall freestanding sign; 3) a 5-foot setback variance to waive the required 5-foot setback; and 4) a 3-square foot area variance to permit a 7-square foot directional sign on property identified as Sec. 8-29-16, M&B 34.01, for meeting Sec. 45.24 Standards for Approval, items (1) - (4), subject to the following condition: by maintaining a sign within the street setback pursuant to this variance, the owner and applicant agree that no governmental agency shall be liable for the cost of relocating or removing the sign in the event the property is acquired by eminent domain for road widening or any other public purpose. The motion was duly seconded The Mayor referred to the size of the leasing office sign and suggested a condition that if the sign is changed, it must meet code. Mr. Shuford said many of the variances are unique to this property. It was suggested conditions could be added on a case by case basis. The Mayor recommended considering such conditions in the future. Upon the vote being taken, the motion carried unanimously. ITEM #17 - Variance(s) to Sign Regulations for property (Lantana Apartments) located at 530 Fairwood Ave, Sec. 8-29-16, M&B 34.02 (Clearwater Apartments I Ltd., SV96-23) This property, on the Northwest corner of Drew Street and Fairwood Avenue, is zoned Multiple-Family Residential "Sixteen." The applicant is request the following variances to allow the existing freestanding signs to remain: Sign #1 - North sign - a 5-foot setback variance to waive the required 5-foot setback from Fairwood Avenue; Sign #2 - Southeast sign - 1) a 14.7-square foot area variance from the permitted 24-square feet to allow a 38.7-square foot freestanding sign and 2) an 8.3-foot height variance to allow a 14.3-foot tall freestanding sign; Sign #3 - Southwest sign - 1) a 9.6-square foot area variance from the permitted 24-square feet to allow a 33.6-square foot freestanding sign and 2) a 0.8-foot height variance to allow a 6.8-foot tall freestanding sign. Mr. Shuford said the signs are similar to those addressed in Item #16. He said the existing signs are compatible with the scale of the property. Tim Johnson, attorney representing the applicant, verified photographs of the property presented him by Mr. Shuford. Commissioner Johnson moved to approve the following variances: Sign #1 - North sign - a 5-foot setback variance to waive the required 5-foot setback from Fairwood Avenue; Sign #2 - Southeast sign - 1) a 14.7-square foot area variance from the permitted 24-square feet to allow a 38.7-square foot freestanding sign and 2) an 8.3-foot height variance to allow a 14.3-foot tall freestanding sign; Sign #3 - Southwest sign - 1) a 9.6-square foot area variance from the permitted 24-square feet to allow a 33.6-square foot freestanding sign and 2) a 0.8-foot height variance to allow a 6.8-foot tall freestanding sign on property identified as Sec. 8-29-16, M&B 34.01, for meeting Sec. 45.24 Standards for Approval, items (1) - (4), subject to the following condition: By maintaining a sign within the street setback pursuant to this variance, the owner and applicant agree that no governmental agency shall be liable for the cost of relocating or removing the sign in the event the property is acquired by eminent domain for road widening or any other public purpose. The motion was duly seconded and carried unanimously. ITEM #18 - Variance(s) to Sign Regulations for property (Damon’s / Sam Seltzer’s Steakhouse) located at 18409 US 19N, Sec. 20-29-16 M&B 33.05 (Clearwater Ribs, Inc., SV96-24) This property, on the East side of US 19N, is at the East end of Belleair Road and is zoned Commercial Center. The sign code prohibits using 3-dimensional objects as signs. The applicant is requesting a variance to this prohibition to allow placement of life-like cattle statues on the steak house's front lawn. Tim Johnson, attorney representing the applicant, verified photographs of the property presented him by Mr. Shuford. Mr. Johnson said the Damon's Ribs property is under contract for sale to Sam Seltzer's Steakhouse. He noted adjacent businesses are not attractive. Sam Seltzer's wants to identify this restaurant with four cattle, similar to their other restaurants. Mr. Johnson said the city of Tampa had determined the cattle were lawn ornaments and not covered by sign ordinances. Mr. Johnson said this lawn art is unique and a trademark for Seltzer's. He said Clearwater's sign code does not provide merchants a clear opportunity to uniquely identify their businesses. In response to a question, Mr. Shuford said residents can decorate with lawn ornaments which do not designate a commercial business. The City has determined art that designates what is sold on-site is considered a commercial message. The Mayor felt the restaurant's current signage is adequate. She opposed the request, citing aesthetics and community standards. In response to a question, Mr. Johnson said the cattle would be located in a grassy area near the door. Commissioner Hooper moved to deny a variance to allow placement of up to 8 3-dimensional objects, cattle statues, used as signs on the steak house's front lawn on property identified as Sec. 20-29-16, M&B 33.05, for failure to meet Sec. 45.24 Standards for Approval, items (1) - (4). The motion was duly seconded and carried unanimously. ITEM #19 - Variance(s) to Sign Regulations for property located at 2170 Rainbow Dr., Sec. 13-29-15, M&B 14.02 (AAA Auto Club South a/k/a St. Petersburg Motor Club a/k/a Peninsula Motor Club, SV96-25) This property on the Northeast corner of S. Main Avenue and Rainbow Drive is zoned Limited Office. The applicant is requesting an area variance of 127.8 square feet from the permitted 24 square feet to allow a total of 151.8 square feet of attached signs. The variances are requested to allow 3 existing wall signs to remain. The 28.8-square foot sign is on the West face of the building near the main entrance. The other signs, measuring 28.8 and 94.2 square feet, are on the building's South face. As a compromise, staff recommended the Commission consider approving a 33.6 square foot variance to allow a total of 57.6 square feet. The compromise would allow the AAA logo to remain on the building's South wall. Roland Brooks, representative for the applicant, verified photographs of the property presented him by Mr. Shuford. He said the trees AAA planted in 1972 provide a pleasing environment. He noted most AAA members are senior citizens who find it difficult to locate the building. He said the current signs have been in place for 24 years. He hoped to grandfather in the existing signage but indicated AAA could live with the proposed compromise. Commissioner Johnson moved to approve an area variance of 33.6 square feet from the permitted 24 square feet to allow a total of 57.6 square feet of attached signs, on property identified as Sec., 13-29-15, M&B 14.02, for meeting Sec. 45.24 Standards for Approval, items (1) - (4). The motion was duly seconded and carried unanimously. ITEM #20 - Variance(s) to Sign Regulations for property located at 923 McMullen Booth Rd., Sec. 9-29-16, M&B 31.01 together with Del Oro Gardens, Lots 33-36, 44-46, 51 & part of 52 (Kapok Pavilion I Ltd., SV96-26) This property, on the East side of McMullen-Booth Road is North of San Bernadino Street and is zoned General Commercial. The applicant is requesting the following variances: 1) a 56-square foot area variance from the permitted 64-square feet to allow a 120-square foot freestanding sign, and 2) a 5-foot height variance to allow a 24-foot tall freestanding sign. Mr. Shuford said the business can identify itself adequately within the confines of the code. The property qualifies for an auxiliary sign. He did not think a taller sign would help the business. He indicated staff is willing to work with the merchant to design another option. Pamela Keris, representing the applicant, verified photographs of the property presented her by Mr. Shuford. Ms. Keris said the property is entitled to seven signs with 180 square feet and is requesting only 184 square feet. The applicant is requesting to reallocate the signage allowed. She felt this request will better serve the City's Comprehensive Plan and Scenic Corridor. She said the property has more than 660 linear feet on McMullen-Booth Road. The kapok tree is designated as a historical landmark and cannot be trimmed. She said the building was constructed in six separate sections and only two sites are appropriate for signs. She expressed concern a sign on the property's South end would direct customer traffic into the adjoining neighborhood rather than into the parking lot on the building's North end. The other appropriate sign location is 60 feet beyond the driveway. Ms. Keris said traffic travels at high rates of speed off the nearby Bayside Bridge. She said off-duty police and sheriffs hired for large events had recommended improved signage. She said additional height is requested because of the height of the columns. Ms. Keris distributed photographs indicating the current sign cannot be seen even from the property line. It was suggested the Kapok Pavilion work with staff to address this issue. George Cappelli, with Sign Express, agreed Clearwater's code has improved the City's appearance. He requested consideration regarding the uniqueness of the property. Nancy Aft, of Del Oro Groves, noted ongoing concerns regarding the use of the subject property. She requested the Kapok Pavilion poll the neighborhood regarding the sign's design and keep the neighborhood notified. Commissioner Johnson moved to continue Item #20. The motion was duly seconded and carried unanimously. Public Hearing - Second Reading Ordinances ITEM #21 - Ord. #6084-96 - revising Appendix A, Schedule of fees, rates and charges for various permits & services related to building construction of Central Permitting The City Attorney presented Ordinance #6084-96 for second reading and read it by title only. Commissioner Clark moved to pass and adopt Ordinance #6084-96 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. #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. / McDonalds Corp., Z96-11) The City Attorney presented Ordinance #6094-96 for second reading and read it by title only. Commissioner Hooper moved to pass and adopt Ordinance #6094-96 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. #6096-96 - Annexation for property located adjacent to Countryside Community Recreation Park, Sec. 29-28-16, part of M&B 22.02 (Florida Power Corp., A96-26) The City Attorney presented Ordinance #6096-96 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #6096-96 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. #6097-96 - P/SP Zoning for property located adjacent to Countryside Community Recreation Park, Sec. 29-28-16, part of M&B 22.02 (Florida Power Corp., A96-26) The City Attorney presented Ordinance #6097-96 for second reading and read it by title only. Commissioner Hooper moved to pass and adopt Ordinance #6097-96 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 #25 - Ord. #6101-96 - Relating to Occupational License Taxes; amending Ch. 29, Art. II, Secs. 29.24, 29.27, 29.30 & 29.31, by adding a new section on background check requirements; and making minor grammatical changes The City Attorney presented Ordinance #6101-96 for second reading and read it by title only. Commissioner Seel moved to pass and adopt Ordinance #6101-96 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Hooper, Seel and Garvey "Nays": Clark. Motion carried. ITEM #26 - Ord. #6102-96 - Relating to Occupational License fees, rates and charges by making housekeeping changes and adding the registration fee and duplicate fee The City Attorney presented Ordinance #6102-96 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #6102-96 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Hooper, Seel and Garvey "Nays": Clark. Motion carried. CITY MANAGER REPORTS CONSENT AGENDA (Items #27-47) - Approved as submitted, less #39. ITEM #27 - Declare personal property surplus to City needs; authorize disposal through Tampa Machinery Auction, Tampa, FL (FN) ITEM #28 - Purchase of Propane Tanks from American Welding & Tank, Camp Hill, PA, for $112,128 and to Manchester Tank, Brentwood, TN, for $32,154, for the period 11/08/96-09/30/97, for a total $144,282 (GAS) ITEM #29 - Enterprise Network - Phase II (Marine & WPC) - Purchase of: network equipment & software from Megabyte International, Tampa, FL, for $43,842; 7 Dell desktop personal computers & related components from Dell Computer Corp., for $21,164; and other miscellaneous expenditures for $13,586; financing of network equipment & computer equipment for $35,676 to be provided under City’s master lease-purchase agreement (IM) ITEM #30 - Contract renewal for maintenance of Gaylord Galaxy automated library system with Gaylord Systems, Syracuse, NY, for the period 01/01/97 -12/31/97, for $47,621 (LIB) ITEM #31 - Reappointment of Roy R. May to Board of Trustees, Clearwater Police Supplementary Pension Plan (PD) ITEM #32 - Approve acceptance of 1 year grant of $78,750 for FY 1996/97 from FDOT State Safety Office, for Clearwater Pedestrian Safety and Enforcement Project (PD) ITEM #33 - Approve acceptance of 1 year grant of $162,100 for FY 1996/97 from FDOT State Safety Office, for Clearwater DUI Enforcement Project (PD) ITEM #34 - Donation of artwork (2 batiks) purchased from Jim Nordmeyer for $1,000 in 1979 under previous “Artist-in-Residence Program” to Pinellas County Arts Council who in turn will gift same to St. Petersburg-Clearwater Airport from the City of Clearwater (PR) ITEM #35 - Contract for Jack Russell Stadium Structural Repairs Phase Two to Macre Construction, Inc., Clearwater, FL, for $146,609 (PR) ITEM #36 - Purchase of miscellaneous cast iron meter / valve boxes & accessories from U.S. Filter / Davis, Tampa, FL, for the period 12/08/96 -12/07/97, at an estimated $26,685 (PW) ITEM #37 - Third Amendment to lease agreement dated 12/02/94 with the Times Publishing Company extending term through 12/31/97 re lease premises in Magnolia Park Sub., Blk 8, providing for termination by either party upon 30 days written notice (MSB/PS temporary parking facilities) (EN) ITEM #38 - First Amendment to lease agreement dated 02/22/96 with Dimmitt Car Leasing, Inc., extending term through 12/31/97 re lease premises in Magnolia Park Sub., Blk 1, providing for termination by either party upon 30 days written notice (MSB/PS temporary parking facilities) (EN) ITEM #39 - See Page 16. ITEM #40 - C.O.#4 & Final to Pier 60 Park Contract to Caladesi Construction Company, Largo, FL, increasing the amount by $24,563 for a new total of $1,259,383.61 (EN) ITEM #41 - Water main and ingress/egress easement- portion Sec. 30-28-16 (ABR Plymouth Plaza, Ltd.) (CA) ITEM #42 - Declaration of Unity of Title - 4 parcels in Sec. 13-29-15 (Walgreen Co.) (CA) ITEM #43 - Sidewalk Easement - across portions of property in Sec. 13-29-15 (Walgreen Co.) (CA) ITEM #44 - 10’ Waterline and Refuse Collection Easement - across portions of property in Sec. 13-29-15 (Walgreen Co.) (CA) ITEM #45 - Request for authority to initiate eviction proceedings re Stevenson's Creek Improvement Project (CA) ITEM #46 - Request for authority to initiate foreclosure proceedings re delinquent rehabilitation mortgage accounts (CA) ITEM #47 - Request for authority to initiate foreclosure proceedings for unpaid and delinquent liens (CA) Commissioner Hooper moved to approve the Consent Agenda as submitted less Item #39 and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #39 - Work Order with Post, Buckley, Schuh and Jernigan, Inc., to provide updated aerial photographic atlas of the City, for $89,447 (EN) The Engineering Department maintains an aerial photography atlas covering the City municipal limits and associated service areas. The aerials are used in conjunction with permit applications, construction drawing preparation, public presentations, project development, historical information, and are sold to the public. The current aerial atlas was photographed in March 1990. Staff proposes to obtain new aerial photography in an electronic digital color format from PBS&J (Post, Buckley, Schuh and Jernigan, Inc.). New digital technology converts aerial photographic images from high quality contact prints to digital computer files which can be used with CADD (Computer Aided Design & Drafting) to develop construction drawings for maintenance and improvement projects and to create graphic displays of proposed improvements on aerial images. CADD drawings can be plotted directly on the aerial image as a single drawing. CADD drawings and aerial photography can be combined to clarify complicated engineering information during presentations. PBS&J will coordinate this project, performing GPS (global positioning system) panel targeting to provide image rectification, aerial imaging, image digitalization to CD (computer disk), and black & white mylar aerial panels. Staff will provide labeling to computer files for atlas pages, street names, etc., prior to final deliverables. Final deliverables to the City will be one set of reproducible black & white mylar aerial sheets and one set of digitized aerials on CD. The mylar aerials will be used for sale of aerial atlas map reproductions to the public. It was recommended photographs which are compatible with the GIS (Geographic Information System) be obtained. Mr. Baier said the City can obtain that technology when the GIS is brought in-house. This proposal represents the latest technology. He said this project is 2 years overdue and did not feel related technology will advance significantly within the next 2½ years. Concerns were expressed that this item had not been bid. Mr. Baier said the cost covers more than photographs. He said PBS&J is the City's Engineer of Record and this technology requires specialized science. Commissioner Hooper moved to approve the Work Order from Post, Buckley, Schuh and Jernigan, Inc., Engineer of Record in the amount of $89,447, to provide an updated aerial photographic atlas of the City and that the appropriate officials be authorized to execute same. The motion was duly seconded. Commissioners Johnson, Hooper, Seel, and Mayor Garvey voted "Aye"; Commissioner Clark voted "Nay." Motion carried. The Commission recessed from 8:07 to 8:25 p.m. OTHER ITEMS ON CITY MANAGER REPORT ITEM #48 - DDB request for co-sponsorship of Downtown Discovery Day - 11/09/96 The DDB (Downtown Development Board) is sponsoring a "Downtown Clearwater Discovery Day" at Station Square Park and downtown on November 9, 1996. Elise Winters, DDB Chair of the event, sent a letter requesting City co-sponsorship. Chick Corea and his band are expected to attract between 2,500 and 5,000 people. In his November 1, 1996, memorandum, Parks & Recreation Director Ream Wilson suggested placing a portable stage in the parking lot East of Station Square Park and closing Laura Street. Estimated costs of $1,630 cover: 1) $600 - Police Officers; 2) $200 - Port-O-Lets; 3) $150 - Stage; 4) $150 -Electrical/Sound; 5) $240 - clean-up by 2 Parks Employees; 6) $80 - Electrician; and 7) $200 - potted plants along Cleveland Street. Deputy City Manager Kathy Rice noted City concern regarding the request to waive the insurance fee. She recommended CRA (Community Redevelopment Agency) financing for the request. DDB Chair Elise Winters apologized for the lateness of the request. Many activities have been planned to draw people to the event and the downtown model will be displayed at the Post Office. In addition to volunteer participation, the DDB has donated $3,000 to the event and raised an additional $9,000. More than 40 restaurants and businesses, the Post Office, and Library are participating. The event grew tremendously when Chick Corea's performance was announced. Ms. Winters indicated waiving insurance coverage no longer is part of their request and the potted plants are not vital. The event will be centered on downtown shops and Station Square Park. Commissioner Seel moved to approve $1,430 of in-kind services: 1) $600 - Police Officers; 2) $200 - Port-O-Lets; 3) $150 - Stage; 4) $150 -Electrical/Sound; 5) $240 - clean-up by 2 Parks Employees; and 6) $80 - Electrician and to request reimbursement by the CRA. The motion was duly seconded. Commissioners Johnson, Clark, Hooper and Seel voted "Aye"; Mayor Garvey voted "Nay." Motion carried. ITEM #49 - Contract for preparation of “Management Plan” for Camp Soule to HDR Engineering, Inc., for “not to exceed” $13,870 which will meet requirements of the Florida Communities Trust for award of matching grant for acquisition of Camp Soule (PR) In August 1995, a private citizens' group applied to the FCT (Florida Communities Trust) for a grant to assist in funding the purchase of the Boy Scout property, Camp Soule. The application was approved. On March 7, 1996, the City Commission approved a Conceptual Approval Agreement with the FCT whereby the FCT Preservation 2000 grant to the City would not exceed the lesser of 50% of the total project cost, or $1,419,625. The application states the local match would be raised through private or corporate charitable contributions. William Robinson, Scout Executive of the West Central Florida Council, signed a Willing Owner Statement indicating the Council is willing to entertain a purchase offer from the City and FCT. In recent discussions, Mr. Robinson said the Boy Scouts will consider primarily provisions in the Management Plan and the purchase price. The Conceptual Approval Agreement requires the City to prepare and submit a Management Plan which meets all FCT requirements and describes the property's planned use and management. The City and Boy Scouts also must approve this plan. On March 7, 1996, the City Commission approved up to $50,000 for the preparation of the Management Plan. On August 16, 1996, a RFQ (Request for Qualifications) was released for consultant services to prepare the Management Plan. On October 17, 1996, the Commission approved the ranking of the consultant firms and authorized staff to negotiate a contract in the order of the ranking. On October 18, 1996, staff met with David Sumpter, Project Manager and Senior Environmental Scientist for HDR Engineering, Inc., the top ranked firm. Staff negotiated a contract prepared by the City Attorney's office. Staff is impressed with Mr. Sumpter who served as Project Manager on 5 FCT Management Plans. Mr. Sumpter will serve as the "hands-on" project manager for the Camp Soule plan. He is aware of the project's scope and that the Management Plan must satisfy all FCT and approval requirements. The Plan will: 1) describe the site's floral and faunal communities; 2) coordinate with all relevant State and local agencies; 3) coordinate with adjacent property owners; 4) describe site's current and past land use; 5) identify all enhancement opportunities and develop strategies for implementation; 6) develop monitoring program; 7) prioritize all management activities, assign responsibilities, and identify funding sources; and 8) document all coordination efforts that assure the compatibility of proposed land uses with ecological restoration and management. The fee payable to HDR to prepare the Management Plan is "not to exceed" $13,870. In response to a question, Pam Marks said the fund raisers want to be certain the City Commission supports this project. Her group has between $500,000 and $600,000 in pledges. Commissioner Seel questioned if the Boy Scouts favor selling the camp. William Robinson, Scout Executive of the West Central Florida Council, said he did not speak for the Council but indicated the Boy Scouts would be interested if they can sell the camp while maintaining control and use of the property. He said the Boy Scouts will base their decision on the management plan. In response to a question, Mr. Robinson estimated the Boy Scouts use the camp during 85% of the weekends, 2 to 3 nights per week, and 2 to 3 weeks in the summer for Cub Scout Day Camp. Commissioner Clark moved to award a contract for a "not to exceed" fee of $13,870 to HDR Engineering, Inc., to prepare a "Management Plan" for Camp Soule that will meet all requirements of the FCT for the award of a matching grant for the acquisition of Camp Soule and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #50 - First Reading Ord. #6105-96 - providing rate structure for Solid Waste Dept. to operate in the roll-off business in competition with private solid waste companies which includes leasing, servicing compactors and open-top containers, and approves investment of approx. $235,400 in additional containers and compactors to support the enterprise (SW) CSW's (Clearwater Solid Waste) commercial revenues have decreased in each of the last 5 years. The reduction resulted from recycling and the expansion of private hauling companies into leasing and servicing compactors and open top roll-off containers to citizens and City businesses. A recent analysis indicates an annual decrease of $466,389 is attributable directly to private roll-off operations. CSW feels customers are charged higher fees than necessary for these services. CSW requests approval to enter the roll-off business in Clearwater and unincorporated Pinellas County and compete with private hauling companies which lease and service compactors and haul and service open-top containers. Through competition, CSW can recover a share of lost revenues and provide roll-off services at lower prices. The overall benefit will provide citizens and Clearwater businesses an additional choice for quality roll-off service while providing revenues for the overall support of CSW. CSW pro formas indicate by competing with private companies, CSW can provide service at lower rates than are charged currently by private companies while earning $253,170 more than 5 years of private company surcharges. This revenue can be applied to the total Solid Waste program to maintain steady rates. The concept and 5-year pro forma were presented to the FRC (Fiscal Review Committee) and a select committee from the Chamber of Commerce. Both committees unanimously supported this CSW competition. Solid Waste Director Bob Brumback recommended the City Commission approve the request and investments that will allow the City to compete with private roll-off companies. He felt the City can effectively invest the money and earn $1.1-million. He said the City has lost revenue of $466,389 to private company roll-off operations in Clearwater. He said City roll-offs would enhance the City's emergency debris clearance capability. In response to a question, Mr. Brumback said private roll-off companies currently pay the City approximately $180,000 annually. He said that amount will vary depending on the success of CSW competition. In response to a question, he stated the City can compete in Pinellas County and reported the County has requested the City bid on providing a roll-off recycling center. He did not think the County would limit service to a single provider in the future. Discussion ensued regarding the risk of entering this venture. Some concerns were expressed that the City now makes $180,000 at no cost to the City and this revenue may be lost. Concern also was expressed that the City may not make projected revenue if a price war occurs. An opinion was expressed that this would result in lower rates for the citizens. Al Lopez, of Waste Management of Pinellas, said the roll-off business is not easy and price wars exist. He noted City plans to continue charging private companies a 15% surcharge. He said the City's proposed rates are double current rates in Tarpon Springs. Mr. Brumback said the 15% surcharge is included in the pro forma. Controller Paul Nystrom said rates are based on CSW's survey of customers. He pointed out the City's recycling operation competes daily. It was noted the planned rate increase for recycling had been canceled and the FRC and Chamber committee had unanimously endorsed the proposed roll-off program. Commissioner Hooper moved to provide a rate structure for the Solid Waste Department to operate in the roll-off business in competition with private solid waste companies which includes leasing, servicing compactors and open-top containers, and approves the investment of approximately $235,400 in additional containers and compactors to support the enterprise, and that the appropriate officials be authorized to execute same. The motion was duly seconded. Commissioners Johnson and Hooper and Mayor Garvey voted "Aye"; Commissioners Clark and Seel voted "Nay." Motion carried. The City Attorney presented Ordinance #6105-96 for first reading and read it by title only. Commissioner Hooper moved to pass Ordinance #6105-96 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Hooper and Garvey. "Nays": Clark and Seel. Motion carried. ITEM #51 - Harborview Center - approve increase to project budget for completion of project (CM) On October 31, 1996, the City stopped work at the Harborview Center. Based on information provided by Rowe Architects on October 30, 1996, it was apparent insufficient funds had been allocated to complete the project as approved by the City Commission. On June 14, 1996, Rowe Architects appeared before the City Commission at a special meeting to discuss budget overruns and needed changes. Dean Rowe repeatedly indicated the proposed budget amendments would complete the project and no additional funds would be needed. Based on Mr. Rowe's presentation, the Commission approved the $730,900 request at its regular meeting of June 20, 1996. Mr. Rowe has acknowledged he was aware at the time of that meeting of an additional $134,800 in costs to be charged to the Phase II budget. Never did he inform the City Manager or City Commission of these costs. As a result, available Phase II funds were inadequate to cover the additional improvements approved by the Commission on June 20, 1996. Following the June 20, 1996, meeting, staff repeatedly requested an allocated budget from Rowe Architects. The first summary budget, submitted on September 20, 1996, reflected a projected surplus of $89,860. Rowe Architects later provided deficit projections that fluctuated from $109,000 on October 17, 1996, to $47,587 on October 29, 1996, to $100,000 on October 29, 1996. After review and assessment of available information, staff is unable to confirm that amount. As of the November 4, 1996, Work Session, staff's analysis calculated a deficit of $147,245 to fund identified items: 1) Rowe Architects' October 29, 1996, projection of "needed funds" - $100,000; 2) unallocated funds included in construction budget by Rowe Architects in error - $32,505; 3) Clearwater Room draperies charged to furniture, fixtures, and equipment budget by Rowe Architects in error - $7,539; 4) Harborview Center furniture, fixtures, and equipment "small wares" budget allocated to construction budget by Rowe Architects in error - $6,134; 5) Simplex June 20, 1996, invoice not yet approved by Rowe Architects and omitted in error - $437; and 6) paint cost overrun on Clearwater Room omitted by Rowe Architects in error - $630. As of the November 7, 1996, City Commission meeting, staff calculated an additional $39,046 deficit: 1) $1,027 - Phase 1, 1A, & 2; 2) ($545) - Clearwater Room; 3) $8,450 - banquet kitchen; 4) $2,664 - lower level catering; 5) $4,375 - delicatessen infrastructure; 6) $0 - fixed & mobile kitchen equipment; 7) $884 - upper level SW men's restroom; 8) $191 - upgrade stair hardware; 9) $0 - atrium telephone backboards; 10) $0 - graphics; 11) $0 - drapery; 12) $0 - other expenditures; 13) $12,000 - contingency in addition to $14,355 Rowe contingency; and 14) $10,000 - additional general conditions for delicatessen. The project budget as approved by the City Commission prior to November 7, 1996, was $11,404,010 less the $100,000 Pickles Plus Construction Loan for a total of $11,304,010. The proposed November 7, 1996, GMP (Guaranteed Maximum Price) increases the project budget, excluding the Pickles Plus Construction Loan, to $11,490,301 including $10,541,853 - construction, $915,943 - architectural, and $32,505 - unallocated. SteinMart's reimbursement of $30,417 and the Harborview Center's reimbursement of $53,230 are not included as budget increases as they are reimbursements of expenditures that decrease the total expenditures charged to the project. The City Manager reported the requested increase in the GMP is $186,291. She said the project has been difficult and plagued with changes made by the City Commission and staff. The City Attorney said she is working with the contractor and his attorney to secure a GMP. In response to a question, the City Manager said the contingency in the increase covers overages as some of the items have not been bid and some estimates may not be accurate. Ed Parker, of Biltmore Construction, said the GMP is based on outstanding CCDs (Construction Change Directive). He indicated most items have been bid and purchased but some unknowns may still exist. He said the delicatessen will not be finished when the remainder of work is completed by the end of November 1996. Funding to remobilize and complete the delicatessen project is included. It was recommended the potential delicatessen operator sign off on these numbers. Acting Assistant City Manager Bill Baird said the City is responsible for constructing the delicatessen's shell. He was not certain all required appurtenances had been addressed. He recommended staff control the project for better control of these issues. He did not think the delicatessen tenant would be willing to sign off on this document. Mr. Parker said several items cannot be completed until the delicatessen tenant does other things. He said the GMP represents a cap on expenses. In response to a question, Mr. Parker said construction costs increase when a project is stopped. In response to a question, the City Manager said staff will report the total cost for refurbishing the Harborview Center based on these cost adjustments. It was noted an additional expense of $25,000 for auditing will be presented in Item #57a. Controller Jay Ravins said construction costs were $900,000 greater than anticipated. It was questioned if the Hotel-Restaurant Review provides a code to follow. Mr. Baird said the organization has guidelines for food handling areas. In response to a question, Mr. Baird said he did not know what was planned for floor drains. He noted the City and delicatessen tenant have not agreed if some items are part of the "shell" or "finish." It was questioned if a date certain for Pickles Plus to open can be obtained if the City Commission approves the cost increase for the delicatessen shell and the delicatessen tenant signs off on it. The City Attorney said staff can try. In response to a question, the City Attorney said tonight's approval is contingent on staff being able to get signed agreements regarding the cost with the contractor and architect. Without signed agreements, the stop work order will continue. In response to a question, the City Attorney said litigation would cost more than completing the project without further delay which is the least expensive solution. In response to a concern regarding the delicatessen tenant's unwillingness to sign off on the shell, the City Attorney said it is likely the City and delicatessen tenant will continue arguing regarding the cost. The contingency should cover this anticipated disagreement. In response to a question, the City Manager said the Budget Office had misunderstood City Commission direction to use the interest free $100,000 loan from Boston Concessions for kitchen equipment and had funded that expense with an interfund transfer from infrastructure to be repaid over 5 years. Commissioner Johnson moved to approve an increase to the Harborview Center project budget of $186,291 for the purpose of completing the project, contingent on the GMP documents being executed by the contractor and assurances from the architect for other costs being executed. The motion was duly seconded. Commissioner Hooper said he supported the motion because it represented the least expensive resolution. The Mayor agreed. In response to a question, the City Attorney said she did not know how long negotiations would take with the delicatessen tenant. It was questioned when the delicatessen tenant can be charged with breach of contract. The City Attorney said staff will look at that. It was recommended the City stand firm regarding this final figure and advise the delicatessen tenant this is a problem that must end. Upon the vote being taken, the motion carried unanimously. ITEM #52 - Transfer of $229,200 from the General Fund to the Municipal Services Complex project for funding of other non-construction expenditures; transfer of $229,200 in interest earnings on bond proceeds from the Improvement Revenue Bonds Construction Fund to the Improvement Revenue Bonds Debt Service Fund for the payment of principal and interest on the bonds, previously budgeted to be funded from General Fund revenues (CM) The City Manager reported Item #52 had been pulled from the agenda. ITEM #53 - C.O.#3 for the Clearwater Municipal Services Complex to increase the Guaranteed Maximum Price from $16,087,295 to $16,605,987 (CM) The City Manager reported Item #53 had been pulled from the agenda. ITEM #54 - Library Board - 1 appointment (CLK) Commissioner Seel moved to appoint Judy Melges. The motion was duly seconded and carried unanimously. ITEM #55 - Municipal Code Enforcement Board - 1 appointment (CLK) Commissioner Johnson moved to appoint Franke Huffman. The motion was duly seconded. Commissioner Seel suggested consideration of Mr. Albritton as he is a general contractor and has lived in the City 40 years. It was noted Mr. Huffman has lived in the City 17 years. Commissioner Johnson confirmed his motion. Upon the vote being taken, Commissioners Johnson, Clark, Hooper and Mayor Garvey voted "Aye"; Commissioner Seel voted "Nay." Motion carried. ITEM #56 - Other Pending Matters - None. CITY ATTORNEY REPORTS ITEM #57 - Other City Attorney Items a) Request for approval of outside counsel The City Attorney modified her request. She recommended part of the funds be used for owner representative services. It was noted this expense represents an additional cost for the Harborview Center project. In response to a question, the City Attorney felt the review is necessary to examine the project's structure and cost and to be certain the books balance. She said the City probably will receive a limited service for this money. She hoped the report will provide a high level of comfort. The City Attorney indicated her budget can cover the cost. In response to a question, the City Attorney said this review will be limited to the Harborview Center. If the funding is not adequate, she will come back for additional funding. The cost of the analysis can be controlled based on what the City wants done. Commissioner Clark moved to approve the City Attorney's request to hire outside counsel, including owner representative service, to review the Harborview Center project at a cost not to exceed $25,000. The motion was duly seconded and carried unanimously. ITEM #58 - City Manager Verbal Reports Meeting re Memorial Causeway Bridge The City Manager said staff has proposed a meeting regarding the Memorial Causeway Bridge for December 3, 1996, at 4:30 p.m. She noted the City Commission is scheduled to meet all day for strategic planning. Discussion ensued regarding a conflict at 6:00 p.m. It was suggested the formal presentation portion of the bridge meeting be scheduled later in that meeting. Consensus was for the bridge presentation to be scheduled for 6:30 p.m. on December 3, 1996, at the First Christian Church near the East Library. The work shop will begin at 4:30 p.m. Legislative Delegation Breakfast The City Manager reported the Legislative Delegation Breakfast is scheduled for November 12, 1996, at the Harborview Center. Florida League of Cities Meeting The City Manager said the Florida League of Cities has scheduled their legislative conference on November 14 and 15, 1996, in Tampa. She urged City Commission attendance. City Manager Retirement The City Manager reported she will retire from the City effective December 2, 1997. Due to earned time, her last work day will be May 2, 1996. She recommended using some strategic planning time to develop a definition of what the City Commission wants regarding experience and qualifications for her replacement. She will work with the City Commission during the coming months to make the transition smooth. ITEM #59 - Other Commission Action Mayor Garvey said the City has begun planning for the 1998 Winter Olympics in Nagano, Japan. The City's hospitality center will feature a day in Clearwater on the beach. She said the City is not funding the project and welcomed private sector support. Mayor Garvey said she regretted the City Manager's decision to retire. She sent her regards to Commissioner Johnson's wife, Sarah, who is in the hospital. ITEM #60 - Adjournment The meeting adjourned at 10:02 p.m.