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08/06/1998CITY COMMISSION MEETING CITY OF CLEARWATER August 6, 1998 Present: Rita Garvey Mayor/Commissioner Ed Hooper Vice-Mayor/Commissioner J. B. Johnson Commissioner Robert Clark Commissioner Karen Seel Commissioner Michael J. Roberto City Manager Richard L. Hedrick Deputy City Manager Bob Keller Assistant City Manager Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Gwen Legters Board Reporter The Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation was offered by Father Edward Mulligan. The Mayor led the Pledge of Allegiance. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. ITEM #3 - Service Awards – None ITEM #4 - Introductions and Awards – None ITEM #5 - Presentations – None ITEM #6 - Minutes Approval Commissioner Johnson moved to approve the minutes of the regular meeting of July 16, 1998, 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 Stephenado Manginotti requested more bicycle and pedestrian facilities. He expressed concern regarding unrestrained dogs on the beach. He requested limbs overhanging sidewalks be trimmed and that curb cuts be made. Lois Cormier expressed concern regarding staff changes being made. James Hadley introduced a new group, “Citizens for a Stable Community,” that has been formed due to concerns regarding the year 2000 situation. Chester Buettner requested additional police protection in the Industrial Park area. Tom Arnolds, Bill Beavers, Larry Flutie, and Scott Wilson supported traffic calming proposals for the Northwood Estates area. Ed Hogan opposed traffic calming proposals in Cypress Bend. Mary Holland Hodge suggested changes to the proposal, requesting traffic islands not be put on Winding Wood Drive or Cypress Bend Drive, but to start them on Haverhill Drive. The Commission directed staff to agenda the traffic calming issue for the next City Commission meeting and to notify the neighborhood by putting up a sign. Staff was requested to include information related to vehicle speeds and traffic count in the presentation. PUBLIC HEARINGS ITEM #8 - (Cont. from 6/4 & 7/16/98) Public Hearing & First Reading Ord. #6289-98 - CN Zoning for property located at NE corner of intersection of Belleair Rd. and S. Ft. Harrison Ave., Oak Haven Sub., Lots 8-21 and Sec. 21-29-15, M&B 44.23 (proposed congregate care facility use at 620 Belleair Rd.) (John A. Lahara / Medec, Z98-08)(CP) Applicants are requesting a zoning change from Commercial General (CG) to Neighborhood Commercial (CN) for a proposed 98-bed congregate care facility on a vacant site. On June 2, 1998, the Planning and Zoning Board endorsed the proposed zoning atlas amendment. A conditional use for the congregate care facility was approved, subject to Commission approval of the rezoning request. Mike Gaylor, representing the applicant, noted the proposed rezoning is less intensive than what currently exists. He reviewed location, history, traffic conditions, aesthetics, environmental, and infrastructure issues associated with the site. He highlighted the plan to construct a gated facility consisting of eight separate single story residential structures. He noted the project is low intensity, has low impervious area, saves trees, and is consistent with the City’s needs and requirements. John LeRoux, attorney representing Peppermill Restaurant owners David and Nancy Lowery, expressed concern regarding compatibility of the proposed use with its surroundings. He requested postponing a decision on the rezoning request pending a decision on vacation of Bryant Avenue. City Attorney Pam Akin indicated the Commission may act on the rezoning request prior to the road vacation as the rezoning is not tied to a site plan. Two persons spoke in support of an assisted living facility at this location. Commissioner Johnson moved to approve the requested CN zoning for property located at the northeast corner of the intersection of Belleair Road and South Ft. Harrison Avenue, Oak Haven Sub., Lots 8-21 and Section 21-29-15, M&B 44.23. The motion was duly seconded. Upon the vote being taken, Commissioners Johnson, Clark, Hooper and Mayor Garvey voted “Aye”; Commissioner Seel voted “Nay.” Motion carried. The City Attorney presented Ordinance 6289-98 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance 6289-98 on first reading. The motion was duly seconded, and upon roll call, the vote was: “Ayes”: Johnson, Clark, Hooper, and Garvey. “Nays”: Seel. Motion carried. ITEM #9 - Variance(s) to Sign Regulations for property located at 1454 Belleair Rd., Sec. 23-29-15, M&B 33.02 (Central Church of Christ of Clearwater, Inc., SV98-12)(CP) Commissioner Hooper moved to continue Item #9. The motion was duly seconded and carried unanimously. ITEM #10 - Variance(s) to Sign Regulations for property located at 14 Idlewild St., Clearwater Beach Revised, Blk 3, Lots 1, 13-15 & west ½ of Lot 12 (Haddon House Inn, Inc., SV98-13)(CP) Commissioner Hooper moved to continue Item #10. The motion was duly seconded and carried unanimously. Glenn Storr requested to be notified when this item comes back. Public Hearing - Second Reading Ordinances ITEM #11 - Ord. #6298-98 - Vacating portion of 10’ water main easement lying within M&B 31.02 & 31.04, Sec. 30-28-16 (University High Equity Real Estate Fund II & TM Clearwater Realty, Ltd., V98-05) The City Attorney presented Ordinance #6298-98 for second reading and read it by title only. Commissioner Clark moved to pass and adopt Ordinance #6298-98 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 #12 - Ord. #6299-98 - Vacating portion of 10’ sanitary sewer easement lying within M&B 31.02 & 31.04, Sec. 30-28-16 (University High Equity Real Estate Fund II & TM Clearwater Realty, Ltd., V98-05) The City Attorney presented Ordinance #6299-98 for second reading and read it by title only. Commissioner Hooper moved to pass and adopt Ordinance #6299-98 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 #13 - Ord. #6300-98 - Vacating portion of 10’ utilities and drainage easement, lying within M&B 31.02 & 31.04, Sec. 30-28-16 (University High Equity Real Estate Fund II & TM Clearwater Realty, Ltd., V98-05) The City Attorney presented Ordinance #6300-98 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #6300-98 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 #14 - Ord. #6302-98 - LDCA to allow FDOT to sign, in lieu of the property owner, applications for variances to land development regulations, conditional uses, and site plan reviews associated with Eminent Domain Taking of land for road improvements The City Attorney presented Ordinance #6302-98 for second reading and read it by title only. Commissioner Hooper moved to pass and adopt Ordinance #6302-98 on second and final reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Hooper, Seel and Garvey “Nays”: Clark. Motion carried. ITEM #15 - Ord. #6303-98 - LDCA to allow transit shelters with advertising The City Attorney presented Ordinance #6303-98 for second reading and read it by title only. She reviewed amendments requested at the July 17, 1998 Commission meeting. Gwen Young, attorney representing Eller Media, confirmed Eller agrees with the amendments as presented. Seven persons spoke in opposition to allowing advertising on transit shelters. One person spoke in favor of the proposal. In response to questions, the City Attorney said Eller is allowed to remove bus shelters with PSTA approval, and may relocate shelters for PSTA. She said Section 41.181(c)4 establishes the planning district. Todd Pressman, representing Eller, said Eller has come forward with a public private partnership supported by many people in the community. Ms. Ulrich, Eller Director of Public Affairs, responded to questions regarding maintenance. Eller is required to perform routine maintenance twice a week and empty trash four times per week. The Eller imprint on shelters is required by PSTA to enable Eller to be notified when attention or repair is needed. Shelter design follows PSTA standards. Concerns were expressed the ordinance violates the City’s vision statement and promotes visual pollution instead of beautification. Commissioners were strongly urged to rethink having more signs on Gulf-To-Bay Boulevard and to deny the ordinance. In response to questions, the City Attorney said Charles Siemon drafted the settlement agreement. Discussion ensued regarding the number of billboards/sign faces remaining east of US19, status of negotiations, billboard removal rate, procedures, and penalties. It was reiterated Eller has agreed to limit the number of shelters with signs to 50. Commissioner Seel moved to amend Ordinance #6303-98 as follows: On page 4, at the end of Section 41.181(3)(b)1, in the 2nd line add a semicolon after “district” and at the end of the section insert the following sentence: “No transit shelters with advertising shall be permitted in single-family residential zoning districts.” On page 4, in Section 41.181(3)(b)3, change “approved by” to “on” On page 5, in Section 41.181(c)(4), add “the” between “within” and “Clearwater” and change “city limits” to “planning area”. On page 7, in Section 41.181(3)(e), after “nuisance”, change”, and” to “. Shelters”. On page 7, in Section 41.181(4), add “with advertising” after “shelters” in line 1 and after “shelter” in line 2. The motion was duly seconded. Discussion resumed regarding the remaining number of billboard faces, structures, and locations. It was indicated having transit shelters is a quality of life issue for those who depend on buses for transportation. The negative impact of signs on shelters was noted and it was suggested shelters without signs be put in the capital improvement budget. Upon the vote being taken, Commissioners Clark, Hooper, and Seel voted “Aye”; Commissioner Johnson and Mayor Garvey voted “Nay.” Motion carried. Commissioner Seel moved to pass and adopt Ordinance #6303-98 as amended on second and final reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Clark, Hooper, and Seel “Nays”: Johnson and Garvey. Motion carried. The meeting recessed from 8:04 to 8:18 p.m. ITEM #16 - Ord. #6304-98 - Annexation for property located at 23055 US19N, Sec. 5-29-16, M&B 33.08 (John & Elizabeth Prida, A98-20) The City Manager presented Ordinance #6304-98 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #6304-98 on second and final reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Clark, Hooper, Seel and Garvey “Nays”: None ITEM #17 - Ord. #6305-98 - CH Zoning for property located at 23055 US19N, Sec. 5-29-16, M&B 33.08 (John & Elizabeth Prida, A98-20) The City Attorney presented Ordinance #6305-98 for second reading and read it by title only. Commissioner Seel moved to pass and adopt Ordinance #6305-98 on second and final reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Clark, Hooper, Seel and Garvey “Nays”: None ITEM #18 - Ord. #6306-98 - Annexation for property located at 1614 Long St., Highland Pines, 1st Addition, Blk 7, Lot 7 & part of Lot 6 (Gabriel & Kristine Slater, A98-21) The City Attorney presented Ordinance #6306-98 for second reading and read it by title only. Commissioner Clark moved to pass and adopt Ordinance #6306-98 on second and final reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Clark, Hooper, Seel and Garvey “Nays”: None ITEM #19 - Ord. #6307-98 - RS-8 Zoning for property located at 1614 Long St., Highland Pines, 1st Addition, Blk 7, Lot 7 & part of Lot 6 (Gabriel & Kristine Slater, A98-21) The City Attorney presented Ordinance #6307-98 for second reading and read it by title only. Commissioner Hooper moved to pass and adopt Ordinance #6307-98 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. #6308-98 - Amending City’s money purchase pension plan to provide a new employee contribution category for the Chief of Police The City Attorney presented Ordinance #6308-98 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #6308-98 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. #6309-98 - increasing residential & commercial Stormwater Utility rate by $1 per Equivalent Residential Unit (ERU) beginning 10/1/98 and establishing a series of 4 subsequent 4.3 per cent increases to be effective 10/1/99, 10/1/2000, 10/1/2001 & 10/1/2002 The City Attorney presented Ordinance #6309-98 for second reading and read it by title only. Carl Carter expressed concern Lake Hobart is developing silt deposits, weeds, grass, and algae. He requested the City to consider not dumping stormwater runoff into the lake, or closer water quality monitoring. Commissioner Hooper moved to pass and adopt Ordinance #6308-98 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. #6310-98 - increasing domestic water, lawn water & wastewater collection utility rates by 3.0 per cent beginning 10/1/98 and establishing an annual rate adjustment beginning 10/1/99 not to exceed 3.5 per cent based on the Price Index for Water and Wastewater Utilities established each year by the Florida Public Service Commission The City Attorney presented Ordinance #6308-98 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #6308-98 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 #23-31) – Approved as submitted ITEM #23 - Approval of Purchases & Declaration of Surplus per 7/13/98 memorandum: Heuer Utility Contractors, Inc., first extension, installation polyethylene gas mains & service lines in Pinellas County, 8/7/98-9/30/99, est. $675,000 (GAS) Heuer Utility Contractors, Inc., first extension, installation of house piping to meet customer requirements in support of gas sales & operations, 8/7/98-9/30/99, est. $60,000 (GAS) Dell Computer, Inc., misc. computer hardware to be used by Utility Customer Service, $29,436; funding to be provided under City’s Master Lease-Purchase Agreement (IM) Professional Psychological Services (PPS), extension, employee mental health/substance abuse services, 1/1/99-12/31/99, est. $170,000 (HR) Natural Resources Planning Services, Inc., complete final phase City Street Tree Inventory, increase award from $6,200 to $21,200 (PW) Aerial Restoration Contractors, reconstruction wear surface of north wall of west pit of Solid Waste Transfer Station, $27,354 (SW) American Welding Company, fabrication of replacement packing housing for west pit of Solid Waste Transfer Station, $74,004 (SW) Hughes Supply, Inc., misc. water & sewer supplies to be used by all divisions of Public Works Complex, 8/30/98-9/30/99, est. $50,000 (PW) American Bulk Conveying, Inc., compactor to be used at Marshall Street WPC facility, $29,672 (PW) U.S. Filter/Davis Inc., extension, double detector check valves to be used throughout City’s water system by Public Works, 8/15/98-8/14/99, est. $62,000 (PW) Declare items surplus to City needs & authorize disposal through donation to public schools & other charitable organizations as approved by City Manager, or disposal by Solid Waste; all items are of est. value of less than $100 and are not considered economically feasible to send to auction ITEM #24 - Contract for health insurance, extension, with Prudential HealthCare, Inc., under a fully insured arrangement for 1/1/99-12/31/99, est. $3,855,196 (HR) ITEM #25 - Approve continued use of Premium Stabilization Fund to offset ½ of biweekly premium for employees with 2 or more dependents for 1/1/99-12/31/99, est. $173,952 resulting in -0- increase in employee health insurance deductions for 1999 calendar year (HR) ITEM #26 - Addendum No.1 to Agreement with School Board of Pinellas County, providing for continuation of School Resource Officer Program for 1998-99 school year, at Clearwater High School & Countryside High School (PD) ITEM #27 - Landscaping & utility easement - Part of Lot 7 & 39, Blk A, Barbour Morrow Sub. (Huntington National Bank)(CA) ITEM #28 - Third Amendment to Development Agreement - Sale of Atrium at Clearwater Property (CA) ITEM #29 - Receipt/Referral - Relating to LDC; amending Sec. 35.11, various sections in Ch. 40, & 41.053; and creating Sec. 41.281 to establish standards for the siting, design, maintenance, and use of telecommunications towers and antennas (CA) ITEM #30 - Request for attorney/client session on 9/3/98 at 5:00 p.m. regarding Ewa Skowronek vs City of Clearwater; Clearwater Police Department; and John Smith (CA) ITEM #31 - Change the November 30, 1998 Worksession to December 7, 1998; Change the December 3, 1998 City Commission Meeting to December 10, 1998; and Cancel the January 4, 1999 Worksession and the January 7, 1999 City Commission Meeting Commissioner Hooper moved to approve the consent agenda as submitted and the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. OTHER ITEMS ON CITY MANAGER REPORT ITEM #32 - Authorize City Attorney to execute a contract with Siemon, Larsen & Marsh to provide professional services relating to the redevelopment and revitalization of Clearwater Beach and Downtown Clearwater for $445,900 over two fiscal years (CM) On June 18, 1998, the Commission authorized staff to enter negotiations with consulting firm Siemon, Larsen & Marsh. Scope of services to be completed prior to February 1, 1999, for Clearwater beach and downtown includes: a) professional services, opinions, and solutions for preparation and implementation of a strategic redevelopment and revitalization program; b) providing urban design, preliminary road design plans; design standards, design strategy, review, and assessment of contracts for various city improvements; c) examining and recommending solution refinement and implementation schedule for the existing downtown and beach conceptual plans, including preliminary design with specific details regarding pavement widths, parking, sidewalk patterns, landscape treatments, street furniture, design standards, and other urban design services; d) developing national and international design, marketing, investment strategies, and land acquisition and assembly cost estimates; e) performing and/or providing architectural planning, general planning, and project management for large and small projects through the implementation phase. Charles Siemon said the work program is designed to advance One City. One Future. by identifying steps to be taken within the next 12 months to transform the concept into reality. Spades will be in the ground. Local, national and international interest will be created. Choices will be brought forward and private sector participation will be expected. Deliberateness in allocating funds will be needed. The initial phase will be very active and clear policy direction will be needed from the Commission. The City Manager requested a clearer picture of what the Commission expects. Commissioners stated the beach design charette should be used as a given, with developers waiting in the wings to sign deals; ensuring private sector participation is crucial; shovels need to be in the ground; and north/south development is as important as east/west. Mr. Siemon said monthly progress reports will be given, and linked to what others are doing to avoid duplication. Commissioner Seel moved to authorize the City Attorney to execute a contract with Siemon, Larsen & Marsh to provide professional services relating to redevelopment and revitalization of Clearwater beach and downtown Clearwater for $445,900 over two fiscal years. The motion was duly seconded and carried unanimously. ITEM #33 - Res. #98-36 - Authorizing execution of a Joint Project Agreement with FDOT providing for reimbursement to the City of $214,104 for the City to install decorative signal assemblies along SR60 in keeping with revitalization of Gulf to Bay corridor (PW) The Department of Transportation (DOT) resurfacing project for State Road 60 includes signals. The City has requested DOT exclude the signal work. The City will construct decorative signal assemblies in keeping with Gulf-To-Bay corridor revitalization. The DOT has agreed to contribute to the City’s construction cost under a Joint Project Agreement, sum not to exceed $214,104. The reimbursement will be single lump sum payment made after DOT has inspected and accepted project-related expenses incurred by the City and reflected by paid invoices. In response to questions, Public Works Administrator Rich Baier said the milled aluminum mast arms will be moved and painted. A color theme will be created in each area to coordinate with street furniture. The DOT resurfacing contract provides for 4 mast arms. The City can permit for more. Commissioner Hooper moved to authorize execution of a Joint Project Agreement with FDOT providing for reimbursement to the City of $214,104 for the City to install decorative signal assemblies along SR60 in keeping with revitalization of Gulf to Bay corridor. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #98-36 and read it by title only. Commissioner Johnson moved to adopt Resolution #98-36 and authorize the appropriate offices 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 #34 - City Manager Employment Agreement (CM) The City Manager was selected on May 15, 1997, and entered into an employment agreement effective July 23, 1997. A new agreement was drafted to establish a set date for lump sum cash payment should termination occur, increase base salary from $104,000 to $110,000, increase the City’s contribution to the deferred compensation retirement plan from 15% to 18% of his base salary, provide full payment of certain insurance policy premiums, update travel relocation and housing related expense provisions, establish an effective date of October 1, 1998, and provide for annual renewal. In response to concerns, the City Manager agreed to maintain his current level of deferred compensation retirement benefits at 15% of his base salary. While it was agreed Mr. Roberto has raised community spirit, concern was expressed a $6,000 increase is disproportionately larger than what is given to other employees. Concern was expressed with paying dental benefits for the City Manager when it is not done for other employees. A question was raised why the new agreement is being brought forward now instead of waiting until October for a performance and salary review. Due to the level of activity expected within the next year, the majority agreed to support the requested increases subject to the deferred compensation retirement contribution remaining at 15%. Commissioner Clark moved to approve amendments to the City Manager Employment Agreement, less the change in the pension contribution. The motion was duly seconded. Upon the vote being taken, Commissioners Johnson, Clark, Seel and Hooper voted “Aye”; Mayor Garvey voted “Nay.” Motion carried. ITEM #35 - Library Board - 1 appointment (CLK) Commissioner Johnson moved to appoint Katherine Merriam. The motion was duly seconded and carried unanimously. ITEM #36 - Other Pending Matters – None CITY ATTORNEY REPORTS ITEM #37 - Res. #98-25 - Demolition Lien - 301 S. Washington Ave., Mac Dixson’s First Addition, Lot 25 (Jonas & Dorothy Merricks) The City Attorney presented Resolution #98-25 and read it by title only. Commissioner Hooper moved to adopt Resolution #98-25 and authorize the appropriate offices 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 #38 - Res. #98-26 - Assessing property owners the costs of having mowed or cleared owners’ lots The City Attorney presented Resolution #98-26 and read it by title only. Commissioner Clark moved to adopt Resolution #98-26 and authorize the appropriate offices 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 - Res. #98-29 - Demolition Lien - 804 Pennsylvania Ave., Pine Crest Sub., Blk 5, Lots 3 & 4 (Larry Bunting) The City Attorney presented Resolution #98-29 and read it by title only. Commissioner Johnson moved to adopt Resolution #98-29 and authorize the appropriate offices to execute same. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Clark, Hooper, Seel and Garvey “Nays”: None ITEM #40 - Other City Attorney Items a) Settlement Proposal – Clearwater Bay Marina Formal authorization by the Commission is being sought for entering into a joint project agreement with Clearwater Bay Marina. The agreement provides for a cooperative undertaking to remove sediments from the marina’s basin and to decrease potential for future stormwater runoff sediment deposits in the basin and, consequently, in Clearwater Bay. Referring to her August 6 memo to the City Commission, the City Attorney reviewed principal obligations of Clearwater Bay Marina and the City, under the proposed agreement. Legal Department staff was commended for an outstanding job attaining a rapid settlement. The City Attorney credited the work of Assistant City Attorney Dick Hull to bring the issue to a successful conclusion. Commissioner Hooper moved to authorize a Joint Project Agreement with Clearwater Bay Marina, to remove sediments from Clearwater Bay Marina’s marine basin, and to decrease the potential for sediments carried by stormwater runoff to be deposited into the basin. The motion was duly seconded and carried unanimously. b) Timm v. City of Clearwater In an August 6 memo to the City Commission, the City Attorney said this lawsuit arises from an automobile accident which occurred on Cleveland Street between its intersection with Osceola Avenue and the Memorial Causeway Bridge. A car driven by the plaintiff’s sister collided with a truck driven by an employee of the Parks and Recreation Department. The plaintiff, Katy Timm, a minor, was a passenger in the back seat. She suffered shoulder injuries which were later diagnosed as a torn cartilage and torn rotator cuff in her left shoulder. She continues to have restricted range of motion and loss of strength in her left shoulder. Formal authorization by the Commission is being sought to settle the claims of Katy Timm arising from this accident and lawsuit for $55,000. Commissioner Clark moved to authorize the City to settle the claims of Katy Timm, arising from the accident referenced in Timm v. City of Clearwater, for $55,000. The motion was duly seconded and carried unanimously. The City Attorney referenced a Sarasota traffic calming suit in which the court required the city to remove speed bumps because the court found the speed bumps were not required by statute. Ms. Akin requested authorization to file an amicus brief in the case using in-house staff. Such an action would not mean the City would be obligated to use the devices, but would give the right to choose. Commission Clark moved to authorize the City Attorney to file an amicus brief in Sarasota’s traffic calming suit. The motion was duly seconded and carried unanimously. ITEM #41 - City Manager Verbal Reports The City Manager requested a date at the end of August for a two-hour session on the 1999 budget. Consensus was to schedule the meeting for 9:00 a.m., August 25, 1998, at City Commission Chambers. ITEM #42 - Other Commission Action Mayor Garvey announced groundbreaking for the IMR project occurred earlier today, and welcomed IMR to the City of Clearwater. Commissioner Clark echoed the Mayor’s sentiments and said it was a great day for the City. Commissioner Clark stated retiring Harbormaster Bill Held has done a wonderful job at the Marina and wished him “fair winds and following seas.” Commissioner Hooper echoed Commissioner Clark’s sentiments. Commissioner Hooper questioned information regarding school crossing guards needed for the next school year. Staff will follow up. Commissioner Hooper questioned if any action will be taken on the request by the Mayor of Indian Shores to declare Veterans’ Day a school holiday. No interest was expressed. Commissioner Seel requested when a group invites the Commission and/or staff to a meeting on a neighborhood issue, that the meeting become a City neighborhood meeting with all involved being invited. Commissioner Seel requested a decision regarding the beach swimming pool replacement. If the decision is not to proceed, she requested that the $500,000 taken from the unappropriated retained earnings be returned to that fund. Commissioner Seel wished the City Manager a “Happy Birthday” tomorrow. Mayor Garvey requested consideration of seeing what needs to be done to require licensing and operator training before an individual can operate a jet ski. ITEM #43 - Adjournment The meeting adjourned at 9:15 p.m.