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07/17/1997CITY COMMISSION MEETING CITY OF CLEARWATER July 17, 1997 Present: Rita Garvey Mayor/Commissioner J. B. Johnson Vice-Mayor/Commissioner Robert Clark Commissioner Ed Hooper Commissioner Karen Seel Commissioner Michael J. Roberto City Manager Kathy S. Rice Deputy City Manager Bob Keller Assistant City Manager Richard L. Hedrick 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 Dennis MacAleer of Trinity Presbyterian Church. The Mayor led the Pledge of Allegiance. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. ITEM #3 - Service Awards Mladen Zdjelar, General Services Department, was presented the July 1997 Employee of the Month award. ITEM #4 - Introductions and Awards - None. ITEM #5 - Presentations Steve Myers, of Garcia Myers & Company, acknowledged the City’s Vision regarding business growth and development and recognized staff’s assistance with the site plan process for their new development at Park Place. Preleasing negotiations have begun. The West Florida “Y” Runners Club was presented the 1997 Parks & Recreation Department Annual Appreciation Award. a) Tony Bacon - Clearwater Main Library Site Selection Task Force recommendation Tony Bacon, Chair of the Clearwater Main Library Site Selection Task Force, listed the Task Force members and reviewed their meetings and field trip to out of state libraries. The Task Force recommends locating the Main Library on the East End property, based on location, economic development, library needs, and aesthetics. The library will be a catalyst and will attract further development. Mr. Bacon envisioned art and history museums will follow. The Task Force requests the City Commission prioritize Penny for Pinellas projects and place the library on top of the list. The Library Foundation has committed to raise $3-million for the project. b) E. Ajamu Babalola - Update re Ervin’s All American Youth Club and expression of thanks A video regarding the center and its activities was presented. E. Ajamu Babalola, President of Ervin’s All American Youth Club, thanked former Commissioners for past support and requested continued City support for the club which offers community based programs including tutoring, video production, furniture making, food giveaways, leadership building, and African history. Aseelah Babalola, Executive Director of Ervin’s All American Youth Club, said the organization has tried to work with the current Commission but does not think they are ready. She requested the Commission call them when they are ready. She said a new strategy will be for the club to educate citizens regarding City government. She offered to share the club’s expertise with the new City Manager. c) Contribution to Mount Carmel Community Development Corporation for Weed and Seed Job Skills Training Center Police Chief Sid Klein said the job skills training center will help the North Greenwood community. The City is using a $90,000 grant to improve job skills and provide computer training. The Mount Carmel Church donated the building and the Pinellas County School District will run the program. Chief Klein presented the Mount Carmel CDC a $30,000 contribution toward renovation of the building. The contribution was made from the fund into which money confiscated from drug dealers is placed. The Grand Opening is scheduled for August 17, 1997. Mr. Mickens, of Mt. Carmel, said many people are working behind the scenes to make this program a success. ITEM #6 - Approval of Minutes Commissioner Clark moved to approve the minutes of the regular meeting of June 19, 1997, amended page 11 of regular meeting of December 5, 1996, and the special meeting of June 2, 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 Shirley Moran stated the Harborview Center’s electronic sign is difficult to read. She requested the City address the old Ice House which is an eyesore. Jay Keyes, representing the Clearwater Beach Association, requested improving the parking plan on Clearwater beach during special events. He suggested providing a shuttle to Sand Key Park where visitors could park. Judy Castanedo & Brian Mullins requested reconsideration of the Commission’s decision to deny renaming Bayview Avenue, South of Gulf to Bay Boulevard, to Old Bayview Avenue. Commissioner Seel requested the issue be reagendaed. The City will notify the Historic Bayview Neighborhood representative regarding the date. Sheila Cole, representing the Coalition of Homeowners, Al Sachs, Nancy Aft, and Jack Alvord expressed concerns regarding the Affordable Housing Project to be built on Drew Street by the Wilson Company. They noted impacts on nearby neighborhoods and possible problems related to a concentration of low income housing. Early Sorenson, Fran Briskman, Whitney Gray, representing the EAB (Environmental Advisory Board), and Breck Parker requested the City move forward to buy the Connolly tract (Old Bayview Mobile Home Park) on Gulf to Bay Boulevard and develop it as a park. Concern was expressed the County is unaware of City interest in the property. David Crouch, Rosie Rocker, and Fran Foster spoke in support of Ervin’s All American Youth Club. Barbara Smith spoke in favor of Ervin’s. She stated her son was killed 2 years ago next to the Police Substation and questioned why the substation is there if it remains unsupervised. Albert Breckwald supported renaming Bayview Avenue and purchasing the Connally property for a park and opposed the affordable housing project. PUBLIC HEARINGS ITEM #8 - Public Hearing & First Reading Ord. #6167-97 - Vacating portion of Bayview Ave., bounded on S side by the N r-o-w line of Gulf to Bay Blvd., on W side by M&B 14.07, Sec. 17-29-16, on E side by E line of said section and on N side by extended N lot line of Lot B, Blk 8, Bay View City Sub., subject to retaining northerly 10’ as a sidewalk, drainage & utility easement (Conoco, Inc., V97-06)(EN) This portion of Bayview Avenue was realigned to the East by plat. The original alignment never was vacated and is surplus. It is not used for vehicular traffic or access and contains part of a parking lot abandoned after the Kayo gasoline station, at 2990 Gulf-to-Bay Boulevard, was razed in 1994. The applicant proposes leaving it in its existing condition. Staff posted both ends of the right-of-way with signs advertising the portion to be vacated. The City has a 2-inch gas main within the northern portion of the subject right-of-way. An existing sidewalk along the West side of Bayview Avenue dead ends at the northern portion of the subject right-of-way. A 10-foot sidewalk easement should be retained to connect this sidewalk to the existing one along the North side of Gulf-to-Bay Boulevard. Public utilities have voiced no objection to the vacation. Engineering Services and the Gas Division have no objection provided the northerly 10 foot right-of-way is retained as a sidewalk, drainage, and utility easement. Commissioner Clark moved to approve the applicant’s request to vacate that portion of Bayview Avenue bounded on the South side by the North right-of-way line of Gulf-to-Bay Boulevard; on the West side by the metes and bound tract 14/07 of Section 17 Township 29S Range 16E; on the East side by the East line of said section; on the North side by the extended North lot line of Lot B, Block 8, Bay View City Subdivision, subject to retaining the northerly 10- feet as a sidewalk, drainage, and utility easement. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6167-97 for first reading and read it by title only. Commissioner Hooper moved to pass Ordinance #6167-97 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. #6165-97 - Vacating 10’ E/W alley, lying S of Lot 10, E.F. Hoyt’s Twin Oaks Sub. (Religious Community Services, Inc., V97-08)(EN) The applicant proposes to use the alley and adjacent property to construct a driveway and parking lot. The alley is not paved nor used for vehicular traffic. Staff posted both ends of the alley with signs advertising the portion to be vacated. The City has no utilities within the alley to be vacated. Public utilities have voiced no objections. Commissioner Johnson moved to approve the applicant’s request to vacate the 10-foot alley lying South of Lot 10, E. F. Hoyt’s Twin Oaks Subdivision, as recorded in Official Record 5, Page 50 of the Public Records of Pinellas County. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6165-97 for first reading and read it by title only. Commissioner Seel moved to pass Ordinance #6165-97 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 - City’s Fiscal Year 1997-98 Proposed Consolidated Plan Review (HU) HUD (U.S. Department of Housing & Urban Development) requires communities receiving entitlement funds to submit an annual statement identifying the sources and uses of federal money for housing, community and economic development. The planning document identifies local needs and responses to those needs. The Consolidated Plan funding recommendations result from NAHAB (Neighborhood & Affordable Housing Advisory Board) and TRC (Technical Review Committee) evaluations which are part of the Citizen Participation Plan approved by the City Commission in March 1995. The subgrantee funding recommendation summary is: 1) Economic Development: a) Community Response Team - $88,000; b) Community Services Foundation - $10,000; and c) CNHS (Clearwater Neighborhood Housing Services - $92,964; 2) Housing Programs: a) Homeless Emergency Project - $100,000; b) Community Services Foundation - $192,825; c) Tampa Bay CDC - $175,000; d) Community Services Foundation - $10,000; e) CNHS - Home Ownership - $624,875; and f) CNHS - Housing Rehabilitation - $288,075; 3) Public Facilities: a) Community Services Foundation - $192,315 and b) Partners in Self-Sufficiency - $30,000; and 4) Public Services: a) Partners in Self-Sufficiency - $40,000; b) Salvation Army - $50,613; c) Pinellas Opportunity Council - $29,894; d) Girls Inc. of Pinellas - $25,500; and e) Boys & Girls Clubs - $3,990. Consolidated Plan goals are to develop viable communities, provide decent and affordable housing, and expand economic opportunities, principally for very low to moderate income persons. In this year’s Consolidated Plan, Clearwater is requesting federal designation for a Neighborhood Revitalization Strategy Area, bounded by Stevenson’s Creek, Betty Lane, Missouri Avenue, Belleair Road, and Ft. Harrison Avenue. This area is part of the EPA (U.S. Environmental Protection Agency) Brownfield Redevelopment Initiative and the U.S. Department of Justice Weed and Seed programs. If approved by HUD, this area will benefit from administrative incentives that improve the flexibility of the City’s federal funding to address the area’s development needs. The Consolidated Plan also includes a mandated Analysis of the Impediments to Fair Housing in Clearwater. The analysis found no structural impediment that Clearwater has failed to address with existing programs. The findings of this analysis are consistent with an analysis conducted by Pinellas County that included the City. Clearwater Housing & Urban Development Director Alan Ferri reviewed the Consolidated Plan Development process, noting it meets or exceeds State and Federal requirements for citizen participation. In April and May 1997, 21 agencies participated in the plan development and adjustments to needs identification at 4 informal meetings. He said 17 individuals from TRC and NAHAB participated in the evaluation process, toured all applicant sites, and listened to formal agency presentations. Mr. Ferri said the Plan meets or exceeds all federal expectations. Last year, entitlement funds were used to leverage an additional $31-million in other funding. He said designating a Neighborhood Revitalization Strategy Area will allow four administrative incentives: 1) aggregation for job creation; 2) aggregation for housing; 3) exemption of economic development activities; and 4) exemption of area public services from 15% cap. The City’s strategy is to eliminate barriers to investment, address zoning problems related to small lots, reduce the number of structures in poor condition, reduce crime, address district parking needs, reduce contaminated sites, and expand investment resources. A plan will be brought forward to increase SBA loans to small businesses. Funds from the Penny for Pinellas renewal are earmarked toward investment in public infrastructure. Objectives include increased job training and placement, home ownership, home rehabilitation, reduction in sites with low level contamination, expanding businesses and jobs, and establishing a multiple-bank CDC (Community Development Corporation). The lack of area day care needs to be addressed. All public comments will be submitted with the Consolidated Plan. Rosalie Murray, of Boys & Girls Clubs, thanked the City for its support but expressed concern the agency’s Condon Gardens’ program received only 25% of the funds requested. The impact of that loss needs to be assessed. She invited the public to an upcoming fund-raising dinner. Barbara Green, of HEP (Homeless Emergency Project), thanked the Commission for past support in helping fund the construction of 6 apartments. She looked forward to a continued partnership with the City. It was recommended the City coordinate with HEP regarding the Paint Your Heart Out program. Lois Cormier said crime is a problem in the Brownfield area where she lives. She noted plans to invest significant funds in her South Greenwood neighborhood. She was disappointed Habitat for Humanity was not funded and disapproved of the Mayor’s response to a letter from that agency. She expressed concern CNHS controls a majority of property in South Greenwood. She complimented staff and NAHAB for their hard work. Jerry Spilatro, of CSF (Community Services Foundation), thanked Mr. Ferri and his staff for their hard work and NAHAB for their diligent efforts. He thanked the City Commission for recommending CSF programs. Chief Klein said the Police Department is partnering with CSF and recommended funding their program. Issay Gulley, of CNHS (Clearwater Neighborhood Housing Services), said her agency appreciates its partnership with the City. She said there are a limited number of empty lots in South Greenwood but reported CNHS had given 2 lots to Habitat for Humanity in North Greenwood. She thanked the City Commission, staff, and boards for their efforts. Commissioner Johnson moved to approve the City’s FY (fiscal year) 1997/98 Consolidated Plan. The motion was duly seconded and carried unanimously. The Commission recessed from 8:09 to 8:26 p.m. ITEM #11 - Public Hearing - Declare surplus to City needs, 103 East Avenue, Gould & Ewing’s 2nd Addition, Blk 15, Lots 8-11, for purpose of offering for sale at highest bid price above appraised value of $106,000 with the City reserving the right to designate the type of use for the building in the bid package (CM) The property, formerly used by the Police Vice Squad, is currently used to store excess City equipment. The property, an unattractive feature along the Pinellas Trail, is surplus to City needs. If sold for retail use, the building could be a destination for trail users and non-recreational users. Private ownership will increase the CRA’s (Community Redevelopment Agency) tax base. The Property Appraiser’s assessed value is $96,200. In September 1996, Mark G. Sawyer, a State-Certified General Appraiser, appraised the property at $106,000. Assistant City Manager Bob Keller recommended limiting uses to commercial, office, or retail. Commissioner Johnson moved to declare as surplus to City needs, for the purpose of selling, real property legally described as Gould & Ewing’s 2nd Addition, Block 15, Lots 8, 9, 10, and 11, located at 103 East Avenue, for the highest bid price above the appraised value of $106,000, the City reserves the right to limit the use of the building to commercial, office, or retail in the bid package. The motion was duly seconded and carried unanimously. ITEM #12 - Public Hearing & First Reading Ord. #6166-97 - relating to occupational license fees; amending Appendix A, Schedule of Fees, Rates and Charges by 5% increase in fees and amending administrative fees charges In 1995, under guidelines established in State Statute 205.013 and amended in 1993, the Commission adopted an ordinance that restructured and increased the City’s Occupational License fees. Municipalities can increase their Occupational License fees up to 5% every other year after adopting an ordinance reclassifying and revising the rate structure. This agenda item and associated ordinance increases almost all fees and revises the administrative fee for delinquent occupational license fees to a more equitable system. During budget hearings, the City Commission had directed staff to bring forward this amendment increasing fees. Central Permitting Director Scott Shuford indicated the increase is expected to raise $60,000 in additional revenue. Concern was expressed the restructuring was unfair to wholesalers who were reclassified as retailers two years ago and had their fees increased by 200% or more. It was recommended these businesses be exempted from the increase. It was noted the City needs additional revenues if the millage rate is not increased. The City Manager recommended staff review the issue, address the inequities, and bring it back to the City Commission at a later date. Commissioner Hooper moved to continue Item #12. The motion was duly seconded and carried unanimously. ITEM #13 - Public Hearing & First Reading Ords. #6161-97 & #6162-97 - Annexation & RS-6 Zoning for property located at 2391 Eastwood Dr., Eastwood Terrace 3rd Addition, Blk A, Lot 31 (Hoyt Development Co., Inc., A97-07) The applicant has requested annexation and proposed zoning of Single-Family Residential "Six" for 2391 Eastwood Drive to obtain sewer service. On June 17, 1997, the Planning & Zoning Board unanimously endorsed the request. Commissioner Clark moved to approve the Petition for Annexation and Zoning Atlas Amendment to Single-Family Residential "Six" (RS-6) for Lot 31 Block A, Eastwood Terrace Third Addition. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6161-97 for first reading and read it by title only. Commissioner Hooper moved to pass Ordinance #6161-97 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 #6162-97 for first reading and read it by title only. Commissioner Johnson moved to pass Ordinance #6162-97 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 #14 - Public Hearing & First Reading Ord. #6168-97 - CPD Zoning for property located at 211-223 Windward Passage, Island Estates of Clearwater Unit 5, Blk D, Lots 4-6 (The Pools at Windward Passage / Rojo Holdings Corp. / Dolphin’s Landing, Inc., Z97-07) The applicant requests a zoning change to replat 3 vacant lots, approximately 310 feet West of Marina Way, into fee simple townhouse. The applicant plans to construct 11 new townhouses in 2 buildings, 15 feet apart. The subject lots are zoned General Commercial, where a townhouse is not a permitted nor conditional use. The use would be permitted in CPD (Commercial Planned Development) zoning. The combined lots are 0.97 acres. Establishing a new CPD district requires 4 acres or more. However, the CPD is proposed to provide an alternate method of land development to accommodate a comprehensively planned development project. The request is consistent with surrounding land use patterns. Rezoning would provide the applicant flexibility. The development’s Concept Plan requires Commission approval. The applicant has agreed to limit the proposed sign to 24 square feet and 6 feet in height. On July 1, 1997, the Planning & Zoning Board unanimously endorsed the request. Commissioner Clark moved to approve the Petition for Zoning Atlas Amendment to Commercial Planned Development for Island Estates Subdivision, Unit 5, Block D, Lots 4, 5, & 6. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6168-97 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance #6168-97 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 #15 - Public Hearing & First Reading Ords. #6142-97 & #6143-97 - 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) On June 19, 1997, the City Commission approved this request. The item is coming back for the reading and approval of associated ordinances. 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. Roger Larson, representative for the applicant, noted an ordinance had not been prepared when the City Commission approved this item in June. He said the revised site plan has accomplished all Commission recommendations. He stated the proposed Land Use Plan and zoning are consistent with the adjoining neighborhood of duplexes. It was suggested the applicant sell the “spike” of land stretching to St. John Drive. Mr. Larson said the applicant wishes to retain that property due to floor area and retention issues. He suggested an easement favoring the neighbors could be accomplished. Geraldine Hark said she had thought the City owned the subject property. She expressed concern residential property was purchased with the intent to change the zoning. She requested Commission protection, indicating it will be difficult to sell her home if it abuts a commercial establishment. Steve Sarnoff said he had chosen his subdivision with care and never dreamed the City would support this type of rezoning. He said the proposed CPD is not in the public interest. He expressed concern a number of driveways already line SR 590. He felt the dry cleaners will be similar to a factory in his neighborhood. In response to a question, Mr. Shuford said the applicant is proposing a land use plan amendment for both the County and City. He indicated quite a few trees on the property will be removed. It was felt the City has few options and prohibiting development would be unfair to the property’s owner. Mr. Larson presented a photograph of Ms. Hark’s backyard, noting the yard will not change and the wall will be constructed where foliage now stands. Ms. Hark’s tenant’s boat, seen in the photograph, currently sits on the subject property. He said more than 50 dry cleaners in Clearwater abut residential neighborhoods. He said no odors will emanate as dry cleaning solvents are used in self-contained units. He said the dry cleaners is not a factory. It will vent only hot air from the building, away from the abutting neighborhood. The site plan meets every City code but: 1) parking and 2) 85-foot setback instead of 100 feet. Mr. Shuford reviewed the proposed buffering, setbacks, and fencing. Concern was expressed the proposed CPD has less than 4 acres. Commissioner Hooper moved to approve the Petition for Land Use Plan Amendment to Neighborhood Commercial and Zoning Atlas Amendment to Commercial Planned Development for Sall’s Lake Park, Unit B, Tract B. The motion was duly seconded. Commissioners Hooper and Seel and Mayor Garvey voted “Aye”; Commissioners Clark and Johnson voted “Nay.: Motion carried. The City Attorney presented Ordinance #6142-97 for first reading and read it by title only. Commissioner Hooper moved to pass Ordinance #6142-97 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hooper, Seel and Garvey. "Nays": Johnson and Clark. Motion carried. The City Attorney presented Ordinance #6143-97 for first reading and read it by title only. Commissioner Hooper moved to pass Ordinance #6143-97 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hooper, Seel and Garvey. "Nays": Johnson and Clark. Motion carried. ITEM #16 - (Cont’d from 06/19/97) - 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) - The City Manager reported the applicant had withdrawn the request. ITEM #17 - Variance(s) to Sign Regulations for property located at 26417 US 19N, Sec. 30-28-16, M&B 43.12 (Olde Property Corp., SV97-07) AND ITEM #18 - Variance(s) to Sign Regulations for property (Countryside Square Shopping Center) located at 2555 Countryside Blvd., Countryside Village Square, Lots 5, 7 & 8 (HRE Properties, SV97-08) In his July 10, 1997, memorandum, Todd Pressman, representative for the applicants, requested Items #17 and #18 be continued to August 21, 1997. Commissioner Clark moved to continue Items #17 and #18 to August 21, 1997. The motion was duly seconded and carried unanimously. Public Hearing - Second Reading Ordinances ITEM #19 - Ord. #6148-97 - Vacating 10’ utility easement lying along south side of Lot 7, Turtle Brooke Sub., less westerly 16’ (Isel, V97-05) The City Attorney presented Ordinance #6148-97 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #6148-97 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 #20 - Ord. #6150-97 - Annexation for property located at 3127 John’s Parkway, John’s Parkway Sub., Lot 5 (Louis & Marian Ange, A97-05) The City Attorney presented Ordinance #6150-97 for second reading and read it by title only. Commissioner Hooper moved to pass and adopt Ordinance #6150-97 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. #6151-97 - RS-8 Zoning for property located at 3127 John’s Parkway, John’s Parkway Sub., Lot 5 (Louis & Marian Ange, A97-05) The City Attorney presented Ordinance #6151-97 for second reading and read it by title only. Commissioner Clark moved to pass and adopt Ordinance #6151-97 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. #6152-97 - Annexation for property located at 1309-1315 Springdale St., Pine Ridge Sub., Blk D, Lots 6 & 7 (Nicholas, Christopher, Steven & Bill Koulouvaris, A97-06) The City Attorney presented Ordinance #6152-97 for second reading and read it by title only. Commissioner Seel moved to pass and adopt Ordinance #6152-97 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 #23 - Ord. #6153-97 - 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) The City Attorney presented Ordinance #6153-97 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #6153-97 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 #24 - Ord. #6154-97 - Land Use Plan Amendment to Residential/Office General 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) The City Attorney presented Ordinance #6154-97 for second reading and read it by title only. Commissioner Hooper moved to pass and adopt Ordinance #6154-97 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 #25 - Ord. #6155-97 - 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, Z97-04) The City Attorney presented Ordinance #6155-97 for second reading and read it by title only. Commissioner Clark moved to pass and adopt Ordinance #6155-97 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 #26 - Ord. #6157-97 - Land Use Plan Amendment to Residential Medium 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) The City Attorney presented Ordinance #6157-97 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #6157-97 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 #27 - Ord. #6158-97 - 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, Z97-05) The City Attorney presented Ordinance #6158-97 for second reading and read it by title only. Commissioner Seel moved to pass and adopt Ordinance #6158-97 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 #28 - 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) The City Attorney presented Ordinance #6159-97 for second reading and read it by title only. Commissioner Hooper moved to pass and adopt Ordinance #6159-97 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 #29 - 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) The City Attorney presented Ordinance #6160-97 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #6160-97 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 #30 - Ord. #6163-97 - Amending Operating Budget for Fiscal Year ending 09/30/97 The City Attorney presented Ordinance #6163-97 for second reading and read it by title only. Commissioner Clark moved to pass and adopt Ordinance #6163-97 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 #31 - 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 second reading and read it by title only. Commissioner Hooper moved to pass and adopt Ordinance #6164-97 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 #32-43) - Approved as submitted. ITEM #32 - Approval of Purchases & declaration of surplus per 07/02/97 memorandum: Extension, Martin’s Uniforms, 07/18/97 -07/17/98, Police Department uniforms & related equipment, estimated $90,000 (PD) Purchase & Installation of replacement folding room partitions at Martin Luther King Recreation Center, Durkee Company, $27,900 (GS) Misc. office & operating supplies, Pinellas County Board of Commissioners, through Pinellas County Purchasing Dept. Warehouse, 08/01/97 -07/31/98, estimated $250,000 (FN) Declare surplus to City needs, one micrographic printer & authorize disposal through trade-in to Canon USA towards purchase of one Canon NP Printer at a net cost of $11,552 (Trade-in value is $1,000) ITEM #33 - Authorize addition of one Custodial Worker Position for Building & Maintenance Division (GS) ITEM #34 - Contract for custodial services, Triangle Maintenance Services, 08/01/97-07/31/98, estimated $65,820 (GS) ITEM #35 - Personal Service Consulting Agreement with Total Event Management (TEM) to manage the Clearwater/Nagano Hospitality Center Project for the 1998 Winter Olympics (IM) ITEM #36 - Acceptance of one time grant for $750,000 from State of Florida, Executive Office of the Governor, Office of Tourism, Trade and Economic Development for the Clearwater/Nagano Hospitality Center Project (IM) ITEM #37 - Purchase of 3 Checkpoint Rapid Circ II self-checkout systems, for Main, East & Countryside Libraries, Checkpoint Systems, Inc., for $69,000 plus one-time cost of $6,000 for necessary cabinetry, delivery & installation for a total of $75,000 (LIB) ITEM #38 - Conditional Assignment of Lease for Marina Gifts and Souvenirs from Roy M. and Mary Kay Carpenter to George H. and Dara L. Greene (MR) ITEM #39 - Lease Agreement with The Mount Carmel Community Development Corp. (Lessor) for premises located at 908 Palm Bluff Ave., (Weed & Seed Job Skills Training Program and Computer Learning Lab) for 15 months commencing on 07/01/97 or 5 days after completion of construction renovations, whichever comes first, and terminating on 09/30/98, at $1 rental payable to Lessor (PD) ITEM #40 - Sanitary Sewer Agreement with City of Safety Harbor and Timothy J. Kerwin (EN) ITEM #41 - Approve ranking of Tampa Bay Engineering, Inc. - 1st; King Engineering Associates, Inc. - 2nd; Ash Engineering, Inc. - 3rd; and URS Greiner - 4th, as consulting engineer to coordinate utility accommodation for FDOT & Pinellas County roadway improvement projects; and authorize staff to negotiate for contractual services based on this ranking (EN) ITEM #42 - Easement for Stevenson’s Creek Project - Sirmons Heights 1st Addition, Lot 47 (William & Brenda Walter)(CA) ITEM #43 - Easement - part of parcel lying in Sec. 16-29-16 (Connolly)(CA) Commissioner Johnson moved to approve the Consent Agenda as submitted and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously OTHER ITEMS ON CITY MANAGER REPORT ITEM #44 - Contract for Magnolia Drive Dock Replacement to Coastal Marine Construction, Inc., for $198,425 (EN) This contract will replace the historical Magnolia Drive Dock which was destroyed by the March 1993, storm. The new dock will be in the same location and same general size and configuration as the original structure. Wooden materials will be used to match the original structure’s architecture as much as is economically possible. To obtain environmental permits, the approach deck to the roofed pavilion area was narrowed from 10 feet to 7 feet in width On July 18, 1996, this project was awarded to Seaway Marine Contractors, Inc. for $119,830.62. The Contractor could not start due to legal actions by property owners adjoining the dock. After the Pinellas County Commission approved the dock permit renewal in March 1997, Seaway Marine Contractors, Inc. chose not to renew the contract due to other contractual commitments. Staff solicited new contract bids. The new contract includes $6,425 to replace/restore the hand railings on the South and West sides of the Old Memorial Causeway Bridge which is used as a fishing pier. Based on security related concerns expressed by adjoining residents, the City will install lighting under the roofed pavilion section and a uniformed police officer will enforce the posted hours of usage by closing a lockable gate at the posted time. The Pinellas County Commission’s permit approval requires these two conditions. The contract also includes ramps from the roadway pavement and PILE-GARD, a protective wrap for the wooden piles. The deck will be elevated above the original structure to reduce wave damage in non-hurricane events. The seawall across the end of the Magnolia Street right-of-way also will be replaced. The City received three bids for the original contract advertisement. The project is unique because it is small and requires both marine and building contractors. Large marine contractors normally do not bid on small wooden dock replacements. Apparently, small marine contractors did not want to tackle the specialty work required for the wooden roof structure and railing systems. This 180 day project is scheduled to begin in August 1997. FEMA will reimburse $51,163 as a result of its inspection after the storm. The Fire Marshall currently is pursuing additional funds from FEMA since the cost exceeded the original estimate. Engineering Director Rich Baier said the new bid is higher but it includes upgraded fencing, replacement of the City-owned seawall, and a 3% increase in construction costs. Repairs to the Memorial Causeway fishing pier railings are included to quickly address safety concerns. It was recommended the City develop a procedure to restart the bidding process if bids exceed the original budget by a certain percentage. It was noted the market is tight and few contractors are willing to tackle small projects. In response to a question, Mr. Baier said staff cannot construct this project. It was noted contract upgrades cost $57,000. Commission action is required tonight to obtain promised FEMA funds. Commissioner Seel moved to award a contract for the Magnolia Drive Dock Replacement to Coastal Marine Construction, Inc. of Tampa, Florida for $198,425 which was the only 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 #45 - Amend contract with High-Point Rendel for additional owner representative services for the Municipal Parking Garage construction, $51,480; approve transfer of $51,480 from General Fund to Municipal Services Complex project (CM) The City Manager requested this item be continued, stating the continuance will not delay construction of the garage. Commissioner Hooper moved to continue Item #45. The motion was duly seconded and carried unanimously. ITEM #46 - Planning & Zoning Board - 2 appointments (CLK) Commissioner Seel moved to appoint Gerald Figurski. The motion was duly seconded and carried unanimously. Commissioner Johnson moved to appoint Bill Stephan. There was no second. Commissioner Hooper moved to appoint Gene Crossley. The motion was duly seconded and carried unanimously. ITEM #47 - Other Pending Matters - None. CITY ATTORNEY REPORTS ITEM #48 - Resolutions a) Res. #97-42 - Demolition Lien - 3200 Gulf to Bay Blvd., Sec. 16-29-16, M&B 24.10 (Eunice Little) The City Attorney presented Resolution #97-42 and read it by title only. Commissioner Clark moved to pass and adopt Resolution #97-42 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey. "Nays": None. b) Res. #97-43 - Amending Res. #94-12 re policy & procedure for naming new city parks; to permit renaming existing parks under certain circumstances The City Attorney reported approval of this resolution is not necessary at this time as Marshall Street Park was never formally named by the City Commission. The City Attorney presented Resolution #97-43 and read it by title only. Commissioner Clark moved to pass and adopt Resolution #97-43 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 #49 - Other City Attorney Items a) Atrium vs. City - proposed settlement agreement The City Attorney reviewed the proposed agreement between the City and Atrium at Clearwater, Ltd., indicating the City Commission had approved the agreement while acting as CRA Trustees on July 14, 1997. Minor changes include: 1) 6a - language clarifying title of the 25-space parcel; 2) 7 - removal of software reference; and 3) insertion of a maximum monthly parking rate of $37.50. Current City garage rates are $37.45 per month. Closing is anticipated to occur on July 30, 1997. Commissioner Clark moved to accept the proposed settlement with Atrium at Clearwater, Ltd., for the purchase of the remaining portion of the Park Street garage structure and nearby 25-space parking lot parcel, less the abutting 31-space parcel. The motion was duly seconded and carried unanimously. b) Approval of order re Pinch A Penny This order of the City Commission is based on the case the Commission heard on June 18, 1997. The order is to reverse the decision of the Clearwater Design Review Board and, pursuant to Section 36.065(6), approve the deletion of the vinyl covered chain link fence on the East facing wall and South facing wall of the building with the further condition that no chain link fence will be permitted on the East and South facing walls of the building. Further, the Commission approves the deletion of the wrought iron grille as shown on the appellant’s previously approved plan and approves the installation of the retractable roll-down screen, on the condition that the appellant install metal grille work as described and depicted in Exhibit A of the order no later than October 19, 1997, for property at 651 Court Street. Commissioner Johnson moved to approve the order of the City Commission regarding Case No. DRB 97-001, Cepcot Corp./Pinch-A-Penny, Inc./Porpoise Pool & Patio, Inc./Clearwater Depot, Inc., Appellant, vs. City of Clearwater Design Review Board, Respondent. The motion was duly seconded and carried unanimously. ITEM #50 - City Manager Verbal Reports The City Manager requested the Commission set dates to discuss issues outlined in his July 10, 1997, memorandum. Meetings were scheduled for August 14, 1997, at 10:30 a.m. and August 28, 1997, at 9:00 a.m. ITEM #51 - Commission Discussion Items a) Consider name change for Marshall Street Park to Cherry Harris Park The City Attorney presented Resolution #97-47 and read it by title only. Commissioner Hooper moved to pass and adopt Resolution #97-47 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey. "Nays": None. b) Quarterly Vision Meetings with new employees AND c) Quarterly Meetings with Department Directors The City Manager indicated he will present proposals regarding Items #51b and #51c at a future meeting. d) Water Fluoridation In his May 15, 1997, letter, Pinellas County Administrator Fred Marquis requested the City’s position on fluoridation of the water supply. It was felt the County should make this decision as the City purchases 2/3’s of its water from the County. It was noted information regarding this issue is contradictory. Commissioner Johnson moved to notify the County the City does not support fluoridation of the public water supply. The motion was duly seconded. Commissioner Hooper stated he would prefer the City indicate it does not take a position. Upon the vote being taken, Commissioners Johnson, Clark and Seel voted “Aye”; Commissioner Hooper and Mayor Garvey voted “Nay.” Motion carried. ITEM #52 - Other Commission Action Mayor Garvey indicated she is unable to attend the July 19, 1997, Suncoast League meeting in Dunedin. Commissioner Johnson indicated he will attend. Commissioner Clark requested background information from the Police, EMS, and Postal Service when the renaming Bayview Avenue issue comes back before the Commission. Commissioner Clark requested the Commission revisit its rules regarding the length of presentations and if individuals can speak under Citizens to be Heard Regarding Items Not on the Agenda, if the topic is the subject of a presentation on the agenda. Commissioner Clark expressed concern regarding the expense in producing 4-color handouts and presentations. Commissioner Hooper thanked all for their expressions of sympathy in the loss of his mother. Commissioner Seel questioned if members still were sought for the Tampa Bay Estuary Committee. The Mayor indicated that is the case. Commissioner Seel reported the PPC (Pinellas Planning Council) report on enclaves is available in the Commission office. ITEM #53 - Adjournment The meeting adjourned at 9:49 p.m.