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06/19/1997CITY COMMISSION MEETING CITY OF CLEARWATER June 19, 1997 Present: Rita Garvey Mayor/Commissioner J. B. Johnson Vice-Mayor/Commissioner Robert Clark Commissioner Ed Hooper Commissioner Karen Seel Commissioner Kathy S. Rice Interim 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 Reverend Otis Green of Everybody’s Tabernacle. 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 Three service awards were presented to City employees. ITEM #4 - Introductions and Awards Proclamations: National Recreation and Parks Month - July 1997 ITEM #5 - Presentations a) Ruth Eckerd Hall - State of the Hall Ruth Eckerd Hall Executive Director Nancy Skinner thanked the City Commission for budgeting funds for Ruth Eckerd Hall from the extended Penny for Pinellas tax. She said last year was transitional and the organization experienced a slump in ticket sales and a deficit. This season has rebounded dramatically. The hall serves traditional and future audiences at affordable rates. The outreach, educational, and school programs are successful. Ruth Eckerd Hall provides preferred rental rates to the City and other non-profit organizations. Ms. Skinner offered to make the Great Room available for strategic planning sessions. She expressed her appreciation for being asked to serve on the Events and Venues Task Force. The new season will be announced in August. Ms. Skinner’s presentation regarding back stage action was recommended for large groups. b) Introduction & Awards Clearwater Leadership Graduation Interim City Manager Kathy Rice indicated a group of employees had approached the administration with a solution to promote leadership with diversity. More than 80 staff members applied for the first 12-member Clearwater Leadership program. Members developed a community project, and attended 8 hours of classes and performed 8 hours of volunteer work every month for a year, working in most City departments. Plaques congratulating tomorrow’s leaders were awarded to graduates of the Clearwater Leadership Program: Patrick Adamson; Randall Bacher; Miles Ballogg; Vincent Booker; Karen Dombrowski; William Farias; Freddie Hinson; Varghese Jolly; Lynda Neal; Jan Nickols; Sherilla Pittman; and Nicholas Rivera-Ruiz. Graduate Freddie Hinson was absent. ITEM #6 - Approval of Minutes Commissioner Clark moved to approve the minutes of the regular meeting of June 5, 1997, 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 - None. PUBLIC HEARINGS ITEM #8 - Public Hearing & First Reading Ord. #6160-97 - Vacating 30’ r-o-w of Adams Avenue (formerly known as Betty Lane), from south r-o-w line of Jeffords Street south 300’, lying east of Lots 22-26, Oakland Heights, a re-subdivision of Lot 10 of F. E. Hanousek’s Sub., along with east 10’ of said lots as dedicated to the City as r-o-w, subject to retaining the r-o-w full-width as a drainage and utilities easement (Hilleboe, V97-03)(EN) The applicant is requesting to vacate the 40-foot right-of-way of Adams Avenue from the South right-of-way of Jeffords Street 300 feet south and lying East of Lots 22 through 26, Oakland Heights. The applicant proposes to use this portion of right-of-way to construct additional parking for his apartment complex. The original item went for first reading as Ordinance #6144-97 and passed but needed to be re-advertised to clarify the legal description. A new ordinance number was assigned and the item was rescheduled for a new public hearing. Of the 40-feet of right-of-way requested for vacation, 30-feet was platted and 10-feet was deeded to the City as right-of-way in 1971. The vacation will enhance the City’s tax base. The right-of-way is not paved or used for vehicular traffic. Both ends of the right-of-way have been posted advertising the portion to be vacated. The City’s 6-inch water and 2-inch gas main are located within the portion of right-of-way to be vacated. Depending on the parking lot’s final design and appurtenant drainage facilities, the water and gas mains may have to be relocated. This can be handled as a condition of the building permit approval and will be done at owner’s expense. Ordinance #6160-97, vacating the right-of-way, includes language that the City will retain the right-of-way full-width as a drainage and utilities easement. Public utilities have no objections. Various City departments/divisions concerned with easement vacation requests have reviewed the petition and have no objections. Engineering Services has no objections provided the right-of-way is retained full width as a drainage and utility easement and the applicant pays all costs to relocate the water and gas mains, if required. The City Engineer reviewed staff comments and recommends approval. Commissioner Hooper moved to approve the applicant’s request to vacate the 30-foot right-of-way of Adams Avenue, formerly know as Betty Lane, lying East of Lots 22 through 26, Oakland Heights, along with the East 10-feet of said lots as deeded to City as right-of-way and recorded in Official Record 3577, Page 549, subject to retaining the rights-of-way full-width as drainage and utilities easements. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6160-97 for first reading and read it by title only. Commissioner Johnson moved to pass Ordinance #6160-97 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. #6148-97 - Vacating 10’ utility easement lying along south side of Lot 7, Turtle Brooke Sub., less westerly 16’ (Isel, V97-05)(EN) The applicant is requesting to vacate the 10-foot utility easement lying along the south side of Lot 7, Turtle Brooke Subdivision, less the Westerly 16 feet. The applicant proposes to construct decorative concrete planters and extensive landscaping that would encroach into and restrict any future use of the easement. The City has no utilities within the easement to be vacated. Public utilities have no objections. Various City departments/ divisions concerned with easement vacation requests have reviewed the petition and have no objections. The City Engineer reviewed staff comments and recommends approval. Commissioner Seel moved to approve the applicant’s request to vacate the 10-foot utility easement lying along the south side of Lot 7, Turtle Brooke Subdivision, less the Westerly 16-feet. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6148-97 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance #6148-97 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 & First Reading Ord. #6159-97 - Vacating portion of 10’ drainage & utility easement lying along north side of Lot 510, Morningside Estates Sub., Unit 6B (Balk, V97-07)(EN) The applicant is requesting to vacate a portion of the 10-foot drainage & utility easement lying along the North side of Lot 510, Morningside Estates Subdivision, Unit 6B. The applicant is proposing to construct a pool deck that would encroach 6-feet into the easement. The City has no utilities within the easement to be vacated. Public utilities have no objections. Various City departments/divisions concerned with easement vacation requests have reviewed the petition and have no objections. The City Engineer reviewed staff comments and recommends approval. Commissioner Hooper moved to approve the applicant’s request to vacate a portion of the 10-foot drainage & utility easement lying along the North side of Lot 510, Morningside Estates Subdivision, Unit 6B. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6159-97 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance #6159-97 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 #11 - Public Hearing & First Reading Ords. #6150-97 & #6151-97 - Annexation & RS-8 Zoning for property located at 3127 John’s Parkway, John’s Parkway Sub., Lot 5 (Louis & Marian Ange, A97-05)(CP) The applicant has requested annexation and zoning of Single-Family Residential "Eight" for 3127 John’s Parkway to obtain sewer service. The Engineering Department recommends annexing the adjoining right-of-way of John’s Parkway along with this request. On June 3, 1997, the Planning & Zoning Board unanimously endorsed the request. Commissioner Johnson moved to approve the Petition for Annexation and Zoning Atlas Amendment to Single-Family Residential "Eight" (RS-8) for Lot 5 John’s Parkway Subdivision. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6150-97 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance #6150-97 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 #6151-97 for first reading and read it by title only. Commissioner Hooper moved to pass Ordinance #6151-97 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 Ords. #6152-97 & #6153-97 - Annexation & CI Zoning for property located at 1309-1315 Springdale St., Pine Ridge Sub., Blk D, Lots 6 & 7 (Nicholas, Christopher, Steven & Bill Koulouvaris, A97-06)(CP) The applicants have requested annexation and zoning of Infill Commercial (CI) for 1309 through 1315 Springdale Street to bring all their area properties into the City. They own adjoining Lots 12 & 13 on the South which already are in the City. On June 3, 1997, the Planning & Zoning Board unanimously endorsed the request. Commissioner Johnson moved to approve the Petition for Annexation and Zoning Atlas Amendment to Infill Commercial (CI) for Lots 6 and 7 Pine Ridge Subdivision, Block D. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6152-97 for first reading and read it by title only. Commissioner Seel moved to pass Ordinance #6152-97 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 #6153-97 for first reading and read it by title only. Commissioner Johnson moved to pass Ordinance #6153-97 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 - approve transfer of $1,000,000 of Penny for Pinellas tax from Drew Street Widening project to the Memorial Causeway Bridge project (CM) On March 6, 1997, the City Commission adopted Ordinance #6137-97 which established the requirement for a special public hearing regarding any funding change in a Penny for Pinellas project totaling $500,000 or more. The FY (fiscal year) 1996/97 Mid-Year Budget Review includes a budget amendment transferring $1-million of Penny for Pinellas (infrastructure) taxes from the Drew Street widening project, where the funds no longer are needed, to the Memorial Causeway Bridge Replacement project. These funds are necessary to provide funding for design of the bridge. In response to a question, Engineering Director Rich Baier said the Drew Street widening budget was based on rough estimates that predicted the project would cost between $1-million and $1.2-million more than it did. These funds are needed for the bridge replacement project. Commissioner Seel moved to approve the transfer of $1-million of Penny for Pinellas tax from the Drew Street widening project to the Memorial Causeway Bridge project. The motion was duly seconded and carried unanimously. ITEM #14 - (Cont’d from 05/15 & 06/05/97 ) Public Hearing - Land Use Plan Amendment to Commercial Neighborhood & CPD Zoning for property located on N side of SR590, approx. 700’ W of McMullen-Booth Rd., Sall’s Lake Park, Unit B, Tract B (Terepka, LUP97-02, Z97-03) The applicant proposes to change the Multiple-Family Residential "Eight” (RM-8) zoning to Commercial Planned Development (CPD) for vacant property on the North side of SR 590, approximately 700-feet West of McMullen-Booth Road and adjacent to the SPCA (Society for the Prevention of Cruelty to Animals). The applicant wishes to construct a professional dry cleaning business office with ancillary services on the subject lot. The applicant operates Spirit Cleaners at 1590 McMullen-Booth Road by SR 590 and indicates that location has inadequate room for expansion. The item was continued from the June 5, 1997, City Commission meeting as the applicant was not present and had requested a continuance to June 19, 1997. At that meeting, Glen Dunnington, an adjoining duplex owner, opposed the proposed zoning change, expressing concern the dry cleaning chemicals would bother his wife and daughter who suffer from allergies. He also submitted a petition opposing the request signed by 11 neighbors. The applicant intends to build two one-story buildings on the property: 1) 960 square feet and 2) 5,000 square feet. The property’s current Land Use Plan Classification is Residential Urban. Under the Land Development Code, the proposed business is categorized as a “personal service” which is not a permitted nor conditional use in a RM-8 zoning district. The business will be a permitted use in the proposed CPD zoning district if the request is approved. The subject lot is not City park property although the plat shows it as a “park.” According to the applicant, the City rejected the previous owners’ donation of the lot. No homeowners association maintains the property which is littered with trash and debris. Upon a search of City records, staff found no restrictions on this property to prohibit its use for other than a park. The Parks & Recreation Department has expressed no interest in the property as a park. The lot has a non-conforming width of 85.03-feet when 90-feet is the minimum required in the RM-8 zoning district. The 29,750-square foot lot is less than an acre. Establishment of a new CPD requires 4 acres or more. The property is not ideal for residential development due to its size and noisy environment caused by barking dogs from the SPCA site to the East. Appropriate uses might be noncommercial parking for the SPCA. The North end of the lot near the cul-de-sac could be used for single family. Staff expressed concern the proposed development is not consistent with surrounding land use patterns and in character with residential properties North and West of the subject property. Rezoning will not foster a consolidated commercial or professional corridor as no such uses exist within the area. Proposed buffering on the site plan are insufficient to mitigate adverse conditions to the residential neighborhood. The 15 proposed parking spaces do not comply with Code which requires 5 parking spaces per 1,000-square feet of gross floor area for a personal service. A 5,960 square foot building requires 30 parking spaces. The signage issue is not addressed by the applicant on the site plan. If approved for first reading, the City Commission should be presented with a proposed sign allowance prior to second reading. Staff will recommend freestanding and attached signage at the Public/Semi-Public level. Staff feels the proposed construction of a professional dry cleaning business with drive-through services at this location will impact negatively and exacerbate the noise and activity already experienced by this residential neighborhood unless heavily buffered. On May 20, 1997, the Planning & Zoning Board endorsed the request by a 4-1 vote. The Interim City Manager reported the applicant submitted a new plan this afternoon. Central Permitting Director Scott Shuford said had met with the applicant to address areas of concern. He distributed the revised plans, noting the property is difficult to develop and has been vacant for many years. The new site plan indicates a block wall with gate will be constructed on the East side of the property. Mr. Shuford believed he could support this plan but had been unable to contact Mr. Dunnington to review the plans. The business will not be open after 6:00 p.m. He said proposed buffering is sufficient. In response to a question, Mr. Shuford said personal services require Neighborhood Commercial zoning. The new plan shifts the building one-foot to the East. Major changes relate to the proposed wall, fencing, and landscaping. Roger Larson, representing the applicant said Neighborhood Commercial zoning permits dry cleaning and duplexes, such as those West of the site. He said the applicant worked hard with staff to address concerns. The development will not intrude on the abutting neighborhood. Landscaping will provide a buffer between adjoining residential property and the West wall, which extends to the roadway. The proposed dual entrance has been redesigned to a single one. The finger of land extending to St. John Drive will be a green managed area. Mr. Larson noted the Land Use Plan contemplates dry cleaners in residential areas. He said more than 50 dry cleaners abut residential areas in Clearwater. Mr. Larson said the parking needs of dry cleaners differ from other personal services as customers park for only 5 to 10 minutes. He suggested 3 or 4 parking spaces would be adequate. He noted the dry-cleaning business has changed; the use of solvents now is regulated and inspected. He said the proposed use is compatible and will improve the property. He concurred with staff’s recommendation for a CPD to give the City Commission control over variances that may be required. He said the development will provide an excellent buffer between the SPCA and residential neighborhood. In response to a question, he said the current path on the property was created by people, other than the owner, as a short cut. Glenn Dunnington said he was impressed with the applicant. He expressed concern sleeping will be difficult in his East bedrooms when the business opens its operations at 6:00 a.m. He requested an 8-foot decorative wall buffer to keep car lights off his bedroom windows. He opposed a loud exhaust system on the cleaners. He expressed concern the spike of land West of the development could be used as a driveway. Geraldine Hawk expressed concern the proposed development will make it more difficult for her to rent her abutting duplex. She noted a petition signed by 11 residents opposing the development had been submitted. In response to a question, Mr. Shuford said the proposed West wall is 8-feet from Mr. Dunnington’s property. Trees and shrubs will buffer the wall’s West side. The wall will be 4-feet high for the first 25 feet and then increase to 6-feet. The wall will run along the pavement until it jogs over to join the West wall of the building. Behind the building, a 6-foot fence will buffer the property. Along the parking lot’s rear, the fence probably will be 9 to 10 feet. Landscaping will be installed around the property. In response to a question, he indicated he had requested the applicant locate the vents on the building’s East side. It was recommended the vents not face the residences. In response to a question, Mr. Shuford said a drive cannot be installed on the “spike.” Mr. Larson indicated the “spike” between the duplexes will remain a grass area maintained by the applicant. In response to a question, he said the proposed gate will allow access to the West side of the wall for landscape maintenance which will meet City code. In response to a question, he indicated Mr. Dunnington owns and will move the shed intruding on the subject property. It was suggested the applicant sell the “spike” to abutting property owners. Mr. Shuford said if the “spike” retains its current zoning, expansion by the applicant onto that property could not occur without City Commission approval. Mr. Dunnington expressed concern a 6-foot wall will provide inadequate buffering. He requested the City investigate vehicles parked on the nearby right-of-way where a “no parking” sign once stood. Mr. Larson opposed selling the “spike,” indicating loss of the property would reduce the building’s FAR (Floor Area Ratio). Maintaining current zoning on the “spike” was recommended. Mr. Shuford suggested continuing the item. It was noted the next City Commission meeting is not until July 17, 1997, and the August PPC (Pinellas Planning Council) has been canceled. In response to a question, Mr. Shuford said a CPD provides the City Commission with control over the site’s use and design. Gary Dawson, Director of the Southeast Fabric Care Association, said the operation will have the newest equipment. The noise level will be low. FDEP (Florida Department of Environmental Protection) inspects dry cleaners for compliance to regulations regarding containment, backups, and air and spill releases. He said heat and steam will be exhausted up and out. Mr. Larson indicated the applicant did not want to sell the “spike.” He felt the applicant has minimized conflict with the adjoining neighborhood and will be a good neighbor. Mr. Shuford said the development still needs a parking variance. Staff will try to schedule a hearing before the Development Code Adjustment Board before the July 17, 1997, City Commission meeting. Commissioner Seel moved to approve the Petition for Land Use Plan Amendment to Neighborhood Commercial and Zoning Atlas Amendment to Commercial Planned Development (CPD) for Sall’s Lake Park, Unit B, Tract B with the condition: 1) exhaust fans to be directed away from residential area. The motion was duly seconded. Commissioner Clark opposed the development, stating the proposal is too large for the lot. Upon the vote being taken, Commissioners Johnson, Hooper, and Seel and Mayor Garvey voted “Aye”; Commissioner Clark voted “Nay.” Motion carried. Based upon staff’s original recommendation, no ordinance was prepared. First reading of the appropriate ordinance will be at the July 17, 1997, City Commission meeting. ITEM #15 - Public Hearing & First Reading Ords. #6154-97 & #6155-97 - Land Use Plan Amendment to Residential/Office General & OL Zoning for property located at 1005 Howard Ave., Belmont Sub., 2nd Add., Blk F, Lots 5-8, less S 10’ thereof (Young’s Funeral Home / Robert C. Young, LUP97-03, Z97-04) The applicant wants to expand his full-service funeral home at 1005 Howard Street to include individual family viewing rooms, parking spaces to eliminate off-street parking, and handicap rest room facilities which meet ADA (Americans with Disabilities Act) requirements. He has acquired the adjacent four lots South of the business to facilitate this process. The subject lots are zoned Multiple-Family Residential "Eight” (RM-8) and have a Land Use Plan Classification of Residential Urban. A funeral home service is not a permitted nor conditional use in RM-8 zoning but is permitted in Limited Office (OL) zoning. The Future Land Use Plan Classification of Residential Urban would be changed to Residential/Office General to conform with the proposed zoning district, and be compatible with the Countywide Future Land Use Plan Classification of adjoining properties North of the subject lots. The combined lots total 8,712 square feet (0.2 acres) which is less than one acre. Two or more acres are required to establish a new OL zoning district. The proposed amendments, however, would be an expansion to the applicant’s existing property. Staff believes this established business will continue to serve an important public function. The rezoning request is consistent with the adjoining land use patterns to the North and compatible with the existing OL zoning district. Rezoning will provide the applicant more flexibility and space to provide essential services to better run the business. It will allow a development project that positively contributes to redevelopment. Adequate measures should be taken to control site impacts, particularly to nearby residents to preserve neighborhood integrity. On June 3, 1997, the Planning & Zoning Board unanimously endorsed the request. Commissioner Johnson moved to approve the Petition for Land Use Plan Amendment from Residential Ruban to Residential/Office General and Zoning Atlas Amendment from Multiple-Family Residential "Eight” (RM-8) to Limited Office (OL) for Second Addition to Belmont, Block F, Lots 5, 6, 7, and 8 less the South 10-feet thereof. The motion was duly seconded and carried unanimously. The Interim City Manager presented Ordinance #6154-97 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance #6154-97 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 #6155-97 for first reading and read it by title only. Commissioner Hooper moved to pass Ordinance #6155-97 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 #16 - Public Hearing & First Reading Ords. #6157-97 & #6158-97 - Land Use Plan Amendment to Residential Medium & RM-12 Zoning for property located at 1112-1114 Engman St., 1) Greenwood Park #2, Blk D, E 20’ of Lot 39 & all Lot 40; and 2) Greenwood Park #2, Blk D, W 20’ of Lot 39 (Clearwater Neighborhood Housing Services, Inc. & Charles Rutledge, TRE, LUP97-05, Z97-05) This joint rezoning request is from Charles Rutledge and CNHS (Clearwater Neighborhood Housing Services). CNHS owns Lot 40 and part of Lot 39. Mr. Rutledge owns the remainder of Lot 39. The applicants wish to construct an infill single-family house. The subject lots are zoned Public/Semi-Public (P/SP), and have a Land Use Plan Classification of Institutional. Residential development is not a permitted nor conditional use in P/SP zoning but is permitted in Multiple-Family Residential "Twelve” (RM-12). It is proposed to rezone these properties RM-12. The Future Land Use Plan Classification of Institutional would be changed to Residential Medium to conform with the proposed zoning district, and compatible with the Countywide Future Land Use Plan Classification on adjoining properties to the North, South, West, and East of the subject lots. The size of the combined lots is 7,280 square feet (0.17 acres) which is less than one acre. Four acres or more are required to establish a new RM-12 district. This area is within a predominantly residentially zoned neighborhood. The proposed amendments would be an expansion to existing CNHS property in the area. The request to rezone this portion of land to RM-12 is consistent with surrounding land use patterns and in character with the neighborhood, considering the existing residential facilities. Rezoning would give CNHS more flexibility and space needed to accommodate the proposed building and allow a project which will contribute positively to redevelopment. The agreement for the purchase of a part of Lot 39 is contingent upon approval of the Land Use Plan and Zoning Atlas Amendments from the City to insure that this lot is usable for residential development. On June 3, 1997, the Planning & Zoning Board unanimously endorsed the request. Commissioner Johnson moved to approve the Petition for Land Use Plan Amendment from Institutional to Residential Medium and Zoning Atlas Amendment from Public/Semi-Public (P/SP) to Multiple-Family Residential "Twelve" (RM-12) for Greenwood Park #2, Block D, the East 20 feet of Lot 39, and the West 20 feet of Lot 39 and all of Lot 40. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6157-97 for first reading and read it by title only. Commissioner Johnson moved to pass Ordinance #6157-97 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 #6158-97 for first reading and read it by title only. Commissioner Seel moved to pass Ordinance #6158-97 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 #17 - Public Hearing - Land Use Plan Amendment to Residential Medium & Preservation for property located at 2600-2636 West Grand Reserve Circle & 2701-2718 East Grand Reserve Circle, Storz Ophthalmics, Inc., Park Place, Lots 2 & 3 (The Grand Reserve at Park Place Limited Partnership, LUP97-04)(CP) The Interim City Manager reported the applicants have requested continuing this item. Commissioner Clark moved to continue Item #17 to July 17, 1997. The motion was duly seconded and carried unanimously. The Commission recessed from 7:44 to 7:57 p.m. ITEM #18 - (Cont’d from 06/05/97) Variance(s) to Sign Regulations for property (Eckerd Drugs) located at 505 S. Belcher Rd., Sec. 18-29-16, M&B 32.05 (Ellis & Co., Ltd., SV97-04) The subject property, East of Belcher Road on the South side of Gulf-to-Bay Boulevard, is zoned General Commercial. The applicant requests the following variances: 1) for attached signs, a 73.9- square foot area variance from the permitted 64-square feet to allow 137.9 square feet; 2) a variance of 1 attached sign to allow 6 attached signs; and 3) a variance of 2 wall signs to allow 5 wall signs. Staff believes conditions do not support approval of the variance to allow 6 attached signs. Conditions support the other variances: 1) the business is approximately 340 feet off Belcher Road; 2) the business does not qualify for the 125% bonus for businesses located 300 feet or more from the roadway due to the proposed secondary attached signs; and 3) placement of 5 wall signs with an area of 127.9 square feet will be in scale with this wide storefront, will help identify the business and services, and will not detract from the appearance of the City. Mr. Shuford stated photographs of the property had been verified at the June 5, 1997, meeting. He reviewed previous actions on various sign variance requests on Gulf-to-Bay Boulevard. In response to a question, he said the store would qualify for larger signage if all signs were clustered together. The store is directed toward Belcher Road but is only 75 feet from Gulf-to-Bay Boulevard. Todd Pressman, representative for the applicant, noted the store’s distance from Belcher Road. He said large Gulf-to-Bay Boulevard businesses such as Builders Square and Albertson’s have large exclusive pylon signs. He said Eckerd Drugs’ space could hold four stores with each qualifying for a 150-square foot wall sign. In response to a question, Mr. Shuford said the applicant is proposing 5 signs. Code allows up to 5 signs, but only 3 of one type. Eckerd Drugs is requesting all signs be wall signs. Staff recommends eliminating 11 window signs, including sign #6 which advertises “one-hour photo.” Mr. Pressman said this variance request relates to future signage following renovations currently underway. Commissioner Seel moved to deny a variance of 1 attached sign to allow 6 attached signs, on property identified as Sec. 18-29-16, M&B 32.05, for failure to meet Sec. 45.24, Standards for Approval, items (1)-(4) and moved to approve the following variances: 1) an area variance for attached signs of 63.9- square feet from the permitted 64-square feet to allow 127.9 square feet and 2) a variance of 2 wall signs to allow 5 wall signs on property identified as Sec. 18-29-16, M&B 32.05, 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 and carried unanimously. ITEM #19 - Variance(s) to Sign Regulations for property located at 2601 Enterprise Rd., Sec. 32-28-16, M&B 22.05 (Florida Power Corp. / Cypress Point Shopping Center, SV97-06) The property, on the South side of Enterprise Road East of US 19N is zoned Public/Semipublic. The applicant is requesting an area variance for a freestanding sign of 84.3 square feet to allow a sign area of 132.3 square feet and structure area of 156.3 square feet where the maximum permitted sign area and structure area are 48 square feet and 72 square feet, respectively. The variance is for a freestanding sign for the Cypress Point Shopping Center. The sign will be placed in the Florida Power right-of-way which is used to access the shopping center from Enterprise Road. The actual message area of the sign is 60 square feet. The sign will identify a 166,000 square foot shopping center on 17 acres. It is designed to complement the shopping center and its sign on US 19N. Staff feels the sign will be an appropriate transition between neighboring signs. Mr. Shuford said the requested variance is large because the freestanding sign will be located in Florida Power’s right-of-way. Shopping centers are permitted 150-square foot freestanding signs. The applicant proposes a 156-square foot sign. Tom Nash, representative for the applicant, verified photographs of the property and the depiction of the sign presented him by Mr. Shuford. He said the shopping center’s only sign is at its US 19N entrance. The Enterprise Road entrance has no signage. As many shopping center patrons are not aware of that entrance, he said this sign will assist US 19N traffic. He said the sign is attractive and was pared down from the original request. Commissioner Clark moved to approve an area variance for a freestanding sign of 84.3 square feet to allow a sign area of 132.3 square feet and structure area of 156.3 square feet where the maximum permitted sign area and structure area is 48 square feet and 72 square feet, respectively, on property identified as Sec. 32-28-16, M&B 22.05, for meeting Sec. 45.24, Standards for Approval, items (1)-(4). The motion was duly seconded and carried unanimously. Public Hearing - Second Reading Ordinances ITEM #20 - Ord. #6145-97 - amending Sec. 47.083 relating to fees and issuance of permits, including certain temporary permits by facsimile The City Attorney presented Ordinance #6145-97 for second reading and read it by title only. Commissioner Hooper moved to pass and adopt Ordinance #6145-97 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey. "Nays": None. ITEM #21 - Ord. #6146-97 - amending Appendix A Schedule of Fees, Rates and Charges relating to Sec. 47.083(4) The City Attorney presented Ordinance #6146-97 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #6146-97 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. #6147-97 - Vacating 3’ drainage easement lying along west side of Lot 40 and City’s request to vacate 3’ drainage easement lying along east side of Lot 39, Brentwood Estates, less southerly 10’ (Chandler, V97-04) The City Attorney presented Ordinance #6147-97 for second reading and read it by title only. Commissioner Seel moved to pass and adopt Ordinance #6147-97 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey. "Nays": None. CITY MANAGER REPORTS CONSENT AGENDA (Items #23-30) - Approved as submitted less #27 ITEM #23 - Approval of Purchases per 06/05/97 memorandum: -- Publishing Hardware & Software, Ikon Office Solutions, $28,126; funding to be provided under City’s master lease/purchase agreement (IM) -- Network Equipment & Software for Enterprise Network, Phase II, BCD Computer Distributors, Inc., $127,345.83; funding to be provided under City’s master lease/purchase agreement ($89,521.38)(cash $37,824.45)(IM) -- 39 desktop computers, Dell Computer Corp., $96,993; funding to be provided under City’s master lease/purchase agreement (IM) -- Lawn & Landscape Maintenance of parks, medians & common areas of N & S Clearwater and Countryside, Lawn and Landscape Service, 07/01/97 -06/30/98, estimated $54,210 (PR) -- 8 Hustler Lawn Maintenance Tractors (replacements), Hustler Equipment of Florida, $83,355; funding to be provided under City’s master lease/purchase agreement ($56,459)(cash $26,355)(GS) -- Three 1997 Ford F-350 one ton trucks with utility body (two replacements, one new), Heintzelman’s Truck Center, $69,198; funding to be provided under City’s master lease/purchase agreement and $25,066 cash (GS) -- One 1997 Ford F-800 cab and chassis with 12’ flat dump body (replacement), Atlantic Ford Truck Sales, $41,310; funding to be provided under City’s master lease/purchase agreement (GS) ITEM #24 - Purchase two 1997 Ford Taurus sedans, Don Reid Ford, Inc., $31,840; authorize lease purchase under City’s master lease/purchase agreement (CRT) ITEM #25 - Approve CGS’s continued participation with FMNGA (Florida Municipal Natural Gas Association) in joint municipal representation of Federal and State regulatory and legislative issues and to pay related annual FMNGA dues and shared expenses, 06/20/97-06/30/98, estimated $60,000 (GAS) ITEM #26 - Contract to renovate & expand Greenwood Panthers building at Phillip Jones Park, Oakhurst Construction Co., Inc., $55,936.21; approve subsequent CO deduction of $8,700, and approve transfer of $15,000 at 3rd Quarter from savings in other CIP’s (PR) ITEM #27 - See page 16. ITEM #28 - Contract for non-legal collective bargaining representative services during upcoming negotiations with City’s 4 unions to Cynthia Clark Sontag, at an amount not to exceed $55,000 (CM) ITEM #29 - 10’ drainage & utility easement - Sec. 12-29-15 (Frontier Lighting)(CA) ITEM #30 - Appoint Mayor Garvey as voting delegate for Florida League of Cities’ Annual Conference - August 21-23, 1997 Commissioner Clark moved to approve the Consent Agenda as submitted less Item #27 and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #27 - Contract to purchase unimproved real property, (Joseph W. McGoldrick) Sec. 17-29-15, containing 5.49 acres, m.o.l., together with improved real property commonly known as 325 David Avenue, for $386,000 and pay related transactions costs including real estate appraisal, environmental audit, boundary survey, recording fees and demolition expenses, all maximally estimated at $8,225, for estimated total $394,225 (EN) The subject property is suitable for development of a stormwater treatment facility to resolve problems: 1) replace collapsing stormwater system discharging from Condon Gardens; 2) provide stormwater treatment for area that discharges to Tampa Bay without treatment; and 3) alleviate minor street flooding on adjacent Elizabeth Avenue. The project also will provide stormwater treatment for the TBNEP (Tampa Bay National Estuary Program) and NPDES (National Pollution Discharge Elimination System) Program. The purchase price was determined by an appraisal performed by Jerry S. Fiala, MAI, SRA, on April 28, 1997, that indicated the total land value is $360,000, plus $26,000 for the single-family residence at 325 David Avenue that provides full legal access to the wooded unimproved portion of the property. PBS&J (Post, Buckley, Schuh & Jernigan, Inc.) performed a transaction screening site assessment. Their May 12, 1997, summary report indicates no suspicion of current or past usage for the deposition of toxic materials or hazardous wastes, and that no further investigations or testing is warranted at this time. The project will be developed for treatment and attenuation of stormwater, incorporating a small wetland while retaining transitional and upland trees on site. For the Seller to comply with requirements of Section 1031 of the Internal Revenue Code of 1954, an “Addendum To Contract” attached to the contract exhibits an Exchange Agreement to be executed by the City and Seller with American Midwest Bank & Trust to facilitate an exchange of the property for other “like kind” property. The City would have no further obligation relating to the exchange beyond executing the agreement. Assistant City Manager Bob Keller said he was contacted this week by an attorney for a developer who has expressed an interest in working with the City regarding this property. A preliminary meeting will occur shortly. Mr. Keller and the Engineering Department will address a possible joint use. The Interim City Manager recommended the City Commission approve the item and then provide policy direction for staff to work with the developer to provide them with stormwater retention. Ordering another appraisal was suggested. Mr. Baier said the property has an assessed value of $324,000. It was suggested $73,000 per acre is expensive for residential land. It was felt the appraisal seems fair considering the assessed value. Removing the land from the tax roles will decrease City tax revenues by $2,000 a year. In response to a question, Mr. Baier said stormwater treatment will require at least one acre. It was indicated the need for stormwater retention must be met. Commissioner Clark moved to approve a contract with Joseph W. McGoldrick, not individually, but as Trustee of the Joseph W. McGoldrick Revocable Trust, under agreement dated January 22, 1991, to purchase unimproved real property being a portion of the Northeast ¼ of Section 17, Township 29 South, Range 15 East, containing 5.49 Acres, more or less, together with improved real property commonly known as 325 David Avenue, both parcels being more particularly described in Paragraph 1 of the contract, for $386,000, and pay related transactions costs including real estate appraisal, transaction environmental audit, boundary survey, recording fees, and demolition expenses, all maximally estimated at $8,225, for an estimated total cost of $394,225, and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. OTHER ITEMS ON CITY MANAGER REPORT ITEM #31 - Res. #97-41 - Joint Project Agreement with FDOT for design, row acquisition and construction of Memorial Causeway East Bridge replacement (EN) The current PD&E (Project Development & Environment) Study, begun in late December 1995, was more than 80% complete by the end of April 1997. Approximately 120 people attended the December 3, 1996, alternatives public workshop. Following the February 3 and April 14, 1997, presentations to the Commission, the City Commission selected Alternative P4A as the Preferred Alternative on April 17, 1997. This Agreement is to secure $13-million from FDOT (Florida Department of Transportation). Proposed funding for the project is to be provided by the City, County, and State. The JPA (Joint Project Agreement) between the City and FDOT provides that FDOT will reimburse the City for funds the City spends over and above the City and County share to advance the bridge’s construction. FDOT requires the proposed project be included in Pinellas County MPO’s (Metropolitan Planning Organization) LRTP (Long Range Transportation Plan) before FDOT will execute this proposed funding agreement. Under pending State legislation, FDOT cannot reimburse the City for design costs after July 1, 1997, unless a JPA is approved prior to June 30, 1997. Three presentations were made to the MPO’s CAC (Citizen’s Advisory Committee), TCC (Technical Coordinating Committee), and MPO Commissioners. On May 14, 1997, the MPO accepted CAC and TCC recommendations and amended the County’s LRTP and TIP (Transportation Improvement Plan) to include the Memorial Causeway Bridge Project. This Agreement specifically details delegation of responsibilities: 1) City shall be responsible for the project’s PD&E and Design phase and 2) FDOT shall acquire right-of-way, select and hire a professional engineering consultant to perform CEI (Construction Engineering and Inspection) work during construction, and will maintain the bridge after completion of construction. Finance Director Margie Simmons reviewed a Financial Analysis of the Memorial Causeway Bridge replacement. Assuming an annual increase of 5.11%, the City will collect $101,150,000 in future Penny for Pinellas revenues. Estimated bridge costs are: 1) $3-million for design costs in June 1997; 2) $2-million for right-of-way acquisition in June 1998; and 3) $34.9-million for construction costs in June 1999. It is expected that $3-million for design costs will be available in the current Penny for Pinellas. It was suggested the City could bond the right-of-way acquisition and construction costs plus $500,000 bond issuance costs for a total of $37.4-million. The calculation of debt service projection was based on current market conditions. If rates increase by 2%, total debt service costs would increase approximately 10%. A 2% decrease in rates would decrease total debt service costs by approximately 9%. Based on current market conditions, interest on a 10-year $37.4-million bond issue would be $10,741,835 for a total of $48,141,835. Ms. Simmons reviewed the cash flow worksheet, indicating when the City would receive funding and when certain costs must be paid. If bonded, the total project will cost $51,260,832, with $24,255,157 from future Penny for Pinellas funds. This estimate exceeds the $13-million bridge budget. Delaying the project until Penny for Pinellas funds are available will cost an average 3% per year, or a total of $3.5-million in increased construction costs. Alternative methods for paying back the bonds will reduce total costs but reduce or eliminate City funding for other projects. Bonding the project will allow earlier completion and permit Penny for Pinellas taxpayers use of the bridge. Borrowing through a bond is usually cheaper than borrowing internally; current rates are 1% lower. Staff feels the bridge project can be completed within the proposed time frame and recommends Penny for Pinellas projects be prioritized. The Interim City Manager noted concerns that other projects will be delayed if all early Penny for Pinellas funds are earmarked for this project. It was noted future users will pay for the bridge if the project is bonded. In response to a question, Ms. Simmons said if Penny for Pinellas funds fall short of projected levels, some projects will not be done or another funding source will be needed. The Interim City Manager said this analysis just looked at the ability to fund the bridge and the impact it would have on other projects. In response to a question, she noted projected interest costs of almost $11-million can be reduced if the City uses the County’s $10-million contribution to pay down the principal. A balloon payment would reduce interest costs by several million dollars but no up front money would be available for other projects. The Interim City Manager has faxed a letter to the County Administrator questioning the proposed schedule for distribution of the County’s $10-million contribution from the extended Penny for Pinellas tax. In response to a question, Ms. Simmons said the $11-million cost to bond the project would be partially offset by increased costs due to project delay. She said construction funds are due up-front. Mr. Baier reviewed changes to the JPA, including clarifying language. Language in Exhibit C was revised to require deposits prior to each phase instead of all up front. Language now indicates the City will receive any interest on the funds. FDOT is reimbursing the City for design costs under a separate agreement. In response to a question, he indicated the City will not have to advance money to FDOT until the fiscal year preceding each phase. Plans are to begin right-of-way acquisition 1st quarter, FY 2000/01 with construction and CEI to begin 1st quarter, FY 2001/02. Budgeted costs are based on estimates. In response to a question, Jerry Carp, of FDOT, indicated the State controls the investment of escrow accounts. Commissioner Johnson moved to approve the Joint Project Agreement for design, right-of-way acquisition, and construction of Memorial Causeway East Bridge replacement with the FDOT and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #97-41 and read it by title only. Commissioner Hooper moved to pass and adopt Resolution #97-41 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 #32 - Res. #97-35 - Officially changing name of that portion of Bayview Avenue, lying south of Gulf to Bay Blvd. and within city limits to “Old Bayview Avenue” (EN) Jack Alvord, President of the Historic Bayview Association, has submitted a petition requesting changing the street name South of Gulf-to-Bay Boulevard from Bayview Avenue to Old Bayview Avenue signed by 20 residents: 1) 11 residents live in the City and 2) 9 residents live in the County. The Association believes changing the name will improve the response time of emergency vehicles. Residents are concerned the police, paramedics, sheriff, and ambulances often respond, in error, to Bayview Avenue on the North side of Gulf-to-Bay Boulevard. Residents also feel changing the street name will help Pinellas County School Transportation Officials to recognize those who live South of Gulf-to-Bay Boulevard and consider a school bus stop on their side. It was felt changing the street’s name would not improve emergency response times. It was not felt the name change was justified. Concern was expressed the request was not unanimous. Commissioner Hooper moved to deny the request to change the name of the portion of Bayview Avenue lying South of Gulf-to-Bay Boulevard and within the City limits to “Old Bayview Avenue.” The motion was duly seconded and carried unanimously. ITEM #33 - Island Estates Reclaimed Water System Contract No. 2 - Pumping Stations & Storage Tank, Wharton Smith, Inc., $2,412,000 (EN) The Island Estates Reclaimed Water System is being constructed under 2 separate contracts. On April 17, 1997, the first contract was awarded by the City for construction of pipelines which will extend reclaimed water service to Clearwater beach and Island Estates. Contract #2 is for the pumping and storage facilities to complete the system development. This project will begin about July 1997, with a construction contract time of 360 days. This project includes a 5 MGD transfer pump station at the Marshall Street APC Facility, a 5-million gallon ground storage tank, a high service pump station and associated electrical systems, site work, parking, and landscaping. The parking facilities are intended for community use during non-working hours and the landscaping is designed to screen the site from view from adjacent property. Total estimated construction costs for the reclaimed water system are $6,070,295, based on the Contract #1 award of $3,658,295 and this Contract #2 amount of $2,412,000. This amount is within the projected total cost of $6,995,500. Engineering construction management services for the project were included in a previous work order to McKim & Creed. Costs for materials and construction quality control testing will be included in a future work order and are estimated to be $25,000. Mr. Baier reported he had confirmed this project will fund construction of the berm and associated landscaping. Commissioner Clark moved to award the Island Estates Reclaimed Water System Contract No. 2 -Pumping Stations and Storage Tank (97-15) to Wharton Smith, Inc. of Lake Monroe, Florida, for the sum of $2,412,000 which is the lowest responsible bid received in accordance with the plans and specifications, and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #34 - Work Order for providing construction services & quality control testing for Beach Reclaimed Water Main & Island Estates Reclaimed Water System, McKim & Creed, $80,000 (EN) The City Commission awarded construction contracts for the Beach Reclaimed Water Main Extension and Island Estates Reclaimed Water system in previous agenda items. The background on the previous agenda items for the construction contract awards identified the need for additional construction engineering services and quality control testing. This work order provides for the needed services to insure the quality of work, to insure the installed quantities of work are not misrepresented by Contractors, and to assist in resolving construction issues raised by impacted residents. The Contractor proposes to use several construction crews at different locations within the project’s limits. The Contractor’s intention is to complete the work faster than the allotted time frame of 540 days. A higher staffing level will be required for construction services during the initial 6 to 8 months of the project. This work is subject to the Cooperative Funding Agreement with the SWFWMD (Southwest Florida Water Management District) for the transmission pipeline portions of the work performed. Construction will begin about June 16, 1997. Services provided by this Work Order will begin in July 1997. Commissioner Johnson moved to approve the McKim & Creed Work Order for $80,000 for providing construction services and quality control testing for the Beach Reclaimed Water Main and Island Estates Reclaimed Water System, and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #35 - Mid Year Budget Review (CM) The Mid-Year Budget Review is based on 6-months activity from October 1996 through March 1997. At mid-year, court fines are approximately 24% below estimates primarily due to the beach courtesy warning program and anticipated revenues are reduced by $222,500 in this category. Interest earnings on the General Fund cash pool are lower than anticipated and result in a decrease in estimated earnings. The mid-year amendments reflect the appropriation of $500,000 of unappropriated retained earnings to the Special Program Fund for General Fund retirements. The available balance in this project is approximately $237,000. With several large retirement payouts in the near future, including City Manager Deptula and Fire Chief Davidson, the current available funding most likely will be used prior to the end of the fiscal year. A projected schedule of funding needs currently is being generated for the current and FY 1997/98 budget years. At mid-year, amendments to anticipated General Fund program expenditures reflect a $14,836 increase and anticipated General Fund revenues are reduced by $401,605. The total of these amendments ($416,431), along with the $500,000 transfer of unappropriated retained earnings from the Employee Retirement pool, result in a net transfer from General Fund unappropriated retained earnings of $916,441 at mid-year. The Unappropriated Retained Earnings of the General Fund remain at $8,573,563, which is 12% of the total General Fund expenditure budget and well within the City Commission’s 10% reserve policy. Water and Sewer Fund amendments reflect a $40,000 transfer to the Capital Improvement Fund to establish a project to modify the Utility Billing System in 2000. All other amendments are relatively small and routine in nature. Gas Fund expenditure amendments reflect the increased cost of fuel, and the $25,000 transfer to the Capital Improvement Fund to establish a project to modify the Utility Billing System in 2000. Solid Waste amendments reflect a $20,000 transfer to the Capital Improvement Fund to establish a project to modify the Utility Billing System in 2000. Amendments also reflect program savings in dump fees and garage charges. Stormwater expenditures reflect salary savings due to the transfer of a position from the Stormwater program to the General Fund - Organizational & Employee Development program. Operating revenues include a small amendment to reflect higher than anticipated collections for the year. Recycling Fund revenues anticipated decreases in the sales of recyclables and offsetting increases in operating revenues reflecting higher than anticipated collections for the year, and offsetting savings in Recycling program expenditures. Revenue amendments to the Marine Fund reflect an increase in fuel sales and slip rentals, which is offset by a decrease in the appropriation of retained earnings. Expenditure amendments reflect an increase in inventory costs for the purchase of gas and oil to compensate for the increased sales. Parking Fund amendments to revenues indicate a decrease in other revenues due to a timing variance in the receipt of funds from Pinellas County supporting the Beach Guard function. Revenues also reflect an increase in the appropriation of prior year retained earnings to offset budgeted expenditures. The expenditure amendment is to allow for an increase due to the clean-up of the beach parking lots after a large storm last October. The Harborview Center Fund amendments reflect a decrease in operating revenues due to the loss of anticipated revenues on food and beverage sales, as well as slower than anticipated sales. Revenues indicate a loan from the consolidated cash pool to offset the operating deficit. Amendments in the Administrative Service Fund reflect large savings in telephone charges to City Departments, offset by a reduction in anticipated revenues from interfund charges. The General Service Fund also reflects several amendments recognizing the Building & Maintenance program costs in the participation of the City Hall renovation project. Amendments to the Capital Improvement program total a net decrease of $965,935. The FY mid-year Budget Review includes a budget amendment transferring $1-million of Penny for Pinellas (infrastructure) taxes from the Drew Street Widening project, where the funds no longer are needed, to the Memorial Causeway Bridge Replacement project. These funds are necessary in the Memorial Causeway project to provide funding for design of the bridge. Other significant Capital project budget amendments provided by previous City Commission action include: 1) $19,888 - Fuel Site Enhancement; 2) $8,100 - Municipal Services/Public Safety & Police Complex; 3) $55,572 - Telephone System Replacement; 4) $9,000 - Island Estates Underground Utilities; and 5) $4,124,094 - Reclaimed Water Distribution. These Capital Improvement Budget increases have not been approved previously by the City Commission: 1) General Public Buildings and Equipment: a) Parks & Recreation Department Personal Computers - $124,000 lease purchase budget increase and $16,000 Administrative Services revenues - replace 286 and 386 systems in outlying facilities; b) Community Response Team Vehicles - $37,000 lease purchase budget increase - replace 2 salvage vehicles; c) GIS (Geographic Information System)) - $56,250 budget increase of unappropriated retained General Fund earnings - additional personnel costs; d) Sand Key power line - $1,043 budget increase of interest revenues and $56,250 of property owners share revenues - recognize receipts to date; and e) Utility Billing Year 2000 Compliance Project - budget increases of $25,000 Gas revenues, $20,000 Water revenues, $20,000 Sewer revenues, and $20,000 Solid Waste revenues - establish project to program utility billing system for year 2000; 2) Public Safety - Fire Facilities Automation - $73,000 lease purchase budget increase and $17,000 of General Fund revenues representing savings in Fire Department operations - establish project for desktop computers and enterprise network for remote facilities; 3) Leisure: a) Pier 60 Maintenance - $14,540 budget increase of General Fund revenues representing Pier 60 revenues - establish ongoing repair and maintenance project and b) Self-Checkout Systems - $77,600 budget increase of General Fund revenues to establish project to purchase systems for Main, East, and Countryside libraries; 4) Utilities: a) Stormwater Quality Improvement/Property Purchase - $111,070 budget increase recognizing State, City of Safety Harbor, SWFWMD (Southwest Florida Water Management District), and Pinellas County reimbursements for Del Oro and Alligator Creek stormwater projects; b) Habitat Restoration & Improvements - $28,950 budget increase of revenues from other municipalities to recognize SWFWMD reimbursement for Cooper’s Point; c) Pinellas New Gas Mains & Service - $59,496 budget increase of interest revenues to recognize interest earned by gas bonds; d) Pasco Expansion/New Mains & Services - $131,000 budget increase of interest revenues to recognize interest earned by gas bonds; and e) Environmental Remediation - $30,000 budget increase of gas revenues from Gas Environmental EIA Recovery for additional remediation funding. Concern was expressed the City is depleting its surplus. Consideration of this issue at budget time was recommended. The Interim City Manager reported budget amendments were due to decreased revenues and additional funding needs of the retirement pool due to the large number of 20-year and 30-year employees who retired in the past couple of years. An actuarial analysis of the retirement pool was recommended. Concern was expressed inflation devalues the surplus every year. Commissioner Clark moved to approve the Mid-Year amendments to the City Manager’s Annual Budget dated June 11, 1997. The motion was duly seconded and carried unanimously. a) First Reading Ord. #6163-97 - Amending Operating Budget for Fiscal Year ending 09/30/97 The City Attorney presented Ordinance #6163-97 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance #6163-97 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey. "Nays": None. b) First Reading Ord. #6164-97 - Amending Capital Improvement Program Report and Budget for Fiscal Year ending 09/30/97 The City Attorney presented Ordinance #6164-97 for first reading and read it by title only. Commissioner Hooper moved to pass Ordinance #6164-97 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 Mayor complimented staff regarding the installation of infill sidewalks. ITEM #36 - Res. #97-39 - designating & authorizing City officials who can sign City checks, notify appropriate financial institutions of same (FN) Regarding checks drawn by the City on City accounts, staff needs to replace former City Manager Betty Deptula’s signature with the signature of incoming City Manager Michael Roberto. The signature of Assistant City Manager Robert Keller needs to be added to fill the vacancy created by the retirement of former Assistant City Manager Bill Baker. Commissioner Clark moved to designate and authorize the City officials who can sign City checks and directed staff to notify the appropriate financial institutions of same and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #97-39 and read it by title only. Commissioner Johnson moved to pass and adopt Resolution #97-39 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 Pending Matters - None. CITY ATTORNEY REPORTS ITEM #38 - Resolutions a) Res. #97-40 - Demolition Lien - 1403 Roosevelt Ave., Carter, Honaker & Bare’s Lincoln Place Addition to Clearwater, Blk 4, Lots 10 & 11 (Mary L. Rhodes) The City Attorney presented Resolution #97-40 and read it by title only. Commissioner Hooper moved to pass and adopt Resolution #97-40 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 #39 - Other City Attorney Items The City Attorney requested an attorney/client session regarding Patrick Media versus the City be scheduled for July 17, 1997, at 4:00 p.m. Consensus was to so schedule. ITEM #40 - City Manager Verbal Reports The Interim City Manager distributed information regarding the June 26, 1997, public meeting at Clearwater High School regarding the Allen’s Creek Watershed Rehabilitation Project at Hercules Avenue. The Interim City Manager stated when the City Commission approved sales of alcoholic beverages at City co-sponsored events, the intention was for the Commission to approve all applicable events. She indicated the Parks & Recreation Department has approved some events to be co-sponsored by the City. Staff will provide a list of all events that qualify for alcohol beverage sales. ITEM #41 - Other Commission Action Design Review Board Appeal re 651 Court Street (Pinch-A-Penny) Mr. Shuford said following the appeal that was continued on June 18, 1997, Pinch-a-Penny had indicated their wish to address the chain link fence. A compromise was reached with the applicant agreeing to install metal grill work along the top of the front door and along the top and sides of the storefront windows (Exhibit A to the June 19, 1997, Mutual Findings and Conclusions). The applicant had indicated the design may be difficult to construct if the flower boxes are attached. An alternative design (Exhibit B to the June 19, 1997, Mutual Findings and Conclusions) was presented as backup. The gratings will roll-down behind the decorative metal grill work and flower boxes. Mr. Shuford stated the Fire Marshall had provided great cooperation with this site, making certain code has been met. The grill work is not a problem with code. Concern was expressed a precedent will be set if the shutters are allowed. Mr. Shuford said a permit would be required for the shutters. He said the applicant has attempted to be reasonable. The City Attorney will return with the order. In response to a question, Mr. Shuford said the DRB (Design Review Board) supports Exhibit A. Commissioner Hooper moved to uphold the appeal of the Design Review Board’s decision regarding 651 Court Street subject to the terms of the Mutual Findings and Conclusions submitted at the June 19,1997, City Commission meeting (attached to these minutes as Exhibit 1). The motion was duly seconded. In response to a question, Mr. Keller said the applicant had expressed safety concerns that the panels in Exhibit A may be difficult to secure. It was felt the design shown in Exhibit B does not meet the Commission’s specifications. The motion was amended to include a condition that the applicant will return to the Commission if Exhibit A cannot be constructed. The seconder accepted the amendment. Upon the vote being taken, the motion as amended was carried unanimously. Commissioner Clark expressed concern regarding the process used to hire Dr. Moore to do a study of Clearwater beach. It was questioned why the City should spend $10,000 for the study if the County does not support a beach CRA (Community Redevelopment Agency). The Interim City Manager indicated the public needs more education about the proposed beach CRA. Mr. Shuford noted the City Commission had requested information regarding infrastructure development prior to construction of a new Memorial Causeway bridge. Whether or not a CRA is approved, a beach development plan is necessary. The City Attorney said the County’s approval process is well defined and the County Commission is not at a point to consider a CRA on Clearwater beach. It was stated the infrastructure on the East end of the bridge also requires a planned preparation. The majority of the Commission agreed staff should proceed with hiring Dr. Moore. Commissioner Clark reported the Corps of Engineers will republish the RFP (Request for Proposal) for beach renourishment on July 2, 1997, and will open the bids on August 1, 1997. Completion of the project is planned by September 1998. The first part of the bid will address the beach from South of Belleair Beach northward to Sand Key. He recommended the Commission pass a resolution urging the Corps of Engineers to move ahead with this project. Construction is not done during winter months due to wave action. Commissioner Clark reported the proposed PSTA budget includes no service decrease or millage increase. He expressed concerns mass transportation needs for major league baseball are unmet. He said fare box receipts cover 25% of the system’s operation while taxes account for the other 75%. The operating budget includes only $60,000 in federal funds. Commissioner Hooper questioned progress regarding establishment of a conservation easement at the Boy Scouts’ Camp Soule. The City Attorney plans to meet with Boy Scout representatives, who have indicated an interest in a conservation easement. Commissioner Hooper thanked the MPO (Municipal Planning Organization) for approving a resolution regarding pedestrian activated crossings on the Pinellas Trail in Clearwater. Mr. Baier said pedestrian issues need to be balanced with vehicular ones, especially on roads with failing levels of service. Commissioner Hooper recommended an exception to the rule regarding naming a park after a living person. He suggested changing the name of Marshall Street Park to Cherry Harris Park. Ms. Harris is terminally ill. Commissioner Clark opposed suggestions to change Condon Gardens’ name as Maurice Condon was a moving force in the community. Commissioner Seel complimented Mr. Shuford and Mr. Baier for extra work this week and thanked Ms. Rice for serving as Interim City Manager. Commissioner Seel questioned progress on the Magnolia Street Dock. The Interim City Manager reported the project has been rebid. The City Attorney indicated no action has been taken on the litigation that was filed. She said there is no reason not to move forward with the project. Mayor Garvey reported the American Cancer Society has requested the Commission support legislation allowing local governments to control indoor air standards. The City Clerk will check the status of the related bill that failed last session. ITEM #42 - Adjournment The meeting adjourned at 9:49 p.m.