01/17/1995 (2)' r
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t1D
Date
CIOMMISSION
City Commission Minutes
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-..? ACTION AGENDA - CLEARWATER CITY COMMISSION MEETING
Tuesday, January 17, 1995 - Chambers
9:00 A.M.
Welcome. We are glad to have you join us. If you wish to speak please wait to be recognized, then
state your name and address. Persons speaking before the City Commission shall be limited to 3
minutes. No person shall speak more than once on the same subject unless granted permission by the
City Commission. ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATION
IN ORDER TO PARTICIPATE IN THIS MEETING, SHOULD CALL 8131462-6684.
1. Pledge of Allegiance 1. Mayor.
2. Invocation 2. William C. Baker, Assistant City Manager.
3. Service Awards 3. 14 awards presented
Convene as CRA - 9:12 a.m.
Convene as Pension Trustees - 9:23 a.m.
Reconvene as Commission - 9:28 a.m.
4. Approval of Minutes - Regular Meeting .
1/3/95 & Special Meeting 1 1 /2/94
4. Approved as submitted.
PRESENTATIONS
5a) Julie Nichols re "Sunset at Pier 60" event
" to be held in March
a) Presentation received. City to co-sponsor
60-day trial Special Event to begin 03/01 /95
Thurs-Mon from 2-hours before sunset to 2-
hours after. Parking spaces for 20 to be
provided.
Citizens to be heard re items not on the Agenda
6. Howard Grath expressed concern regarding the poor quality of the broadcast of the January 3,
1995 Commission meeting, on Channel 35.
CITY MANAGER REPORTS
CONSENT AGENDA (Items #7-13) -- Approved as submitted less #7, #8, #9, #10, & #12.
The following items require no formal public hearing and are subject to being approved in a single
motion. However, any City Commissioner or the City Manager may remove an item from the Consent
Agenda to allow discussion and voting on the item individually.
7. Purchase insurance policy endorsement to
add Police Professional Liability coverage to
existing policy for remaining FY 94/95 for
$45,333. (FN)
7. Approved
?MOO /17/95
::.....
.? 8. Purchase of license agreement for Risk
Management Information System (RMIS)
with David Corp., San Francisco, CA, in an
amount not to exceed $64,500. (FN)
9. Change Order to Joint Project Agreement
with Pinellas County to install natural gas
mains during improvements to East Lake
Rd., Phase 1, increasing est. labor cost to
$141,000 (GAS)
10. Change Order to Joint Project Agreement
with Pinellas County to install natural gas
mains during improvements to East Lake
Rd., Phase 11, increasing est. labor cost to
$313,000 (GAS)
11. Property Utilization Agreement with
Community Pride Child Care Canter of
Clearwater, Inc., on a month to month
basis, for $10, for property located on the
southerly 50' of city owned real property at
intersection of Holt Ave. & Russell St.,
governing the maintenance & liability for a
detention pond constructed thereon by
Community Pride until the parcel is required
for city purposes (EN)
12. Contract for Rosetree Court Storm
?`s•K? Replacement and Flushing Avenue Sanitary
Interconnector Sewer to Steve's Excavating
and Paving, Inc. of Clearwater for
$144,924.00 (EN)
13. Sanitary sewer lien agreement - Carlton
Terrace First Addition, Blk H, Lot 10 &
south 112 of Lot 11 (1808 Skyland Drive -
Diocese of St. Petersburg)(CA)
8. Approved
9. Approved
10.
12.
Approved
Approved
OTHER ITEMS ON CITY MANAGER REPORT
14. Res. #95-11 - approving Sovereign
Submerged Lands Use Agreement No. UA-
52.145 with Board of Trustees of the
Internal improvement Trust Fund of the
State of Florida (EN)
15. Res. #95-01 which provides all new City
traffic signal installations be mast arm
system. (EN)
16. Revised Clearwater Solid Waste Recycling
Business Plan; provide recycling service to
customers in unincorporated Pinellas
County who are on the Clearwater utility
01/17/95
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14. Approved. Res. #95-11 adopted.
15. Approved. Res. #95-01 adopted.
1.6. Approved.
. .,i
-? billing system & are willing to pay for the
service; expanded acquisition of multi-
family & commercial recycling customers
by hiring 1 additional temporary sales
person (SW)
17. Review of tree lights on Mandalay
17a Bordner Update on Beach Tourism Survey
17b Beach Town Meeting Follow Up - Parking
Structures
18. Other Pending Matters
a) Lease for parking lot on corner of Drew
Street & Osceola Avenue (Arnold)
17. Lighting approved until 05/01/95 review
provided lights are well maintained. City to
provide power.
17a Report received.
17b Report received, No action.
18. a1 Approved.
CITY ATTORNEY REPORTS
19. Other City Attorney Items
19. Approval to use Thompson, Sizemore &
Gonzales as outside counsel for the
Galbraith case.
u
',,)20. City Manager Verbal Reports
20. City Manager recommended City refrain
from participating in DDB straw poll. City
Commission agreed.
City Manager reported oak trees are being
removed from the main Library parking lot
due to decay.
21. Commission Discussion Items
a) Jazz Holiday Funding Request
21. a) Approved funding of $25,000 for FY
1998197.
22. Other Commission Action
22. Berfield reported a number of citizens have
commented in favor of the larger street
signs being installed.
Thomas stated he agreed with Mr. Groth's
comments regarding the quality of the
broadcast on Channel 35. It was indicated
the problems are being addressed.
Deegan requested an update re ongoing
negotiations with Vision Cable. He
expressed concern regarding frustration
'4w"401 /17/95 3
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23. Adjournment
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caused when the City Commission is not
aware of what is in contracts and changes
being made at City Commission meetings.
The City Manager indicated she will be
trying a new procedure.
Thomas questioned if the City does not
grant permission for Vision Cable to be sold
to a new parent company, would that allow
negotiations to begin "from scratch." City
Manager will research.
Deegan responded to concerns of dancers
at the Annex by reading an excerpt from a
Ream Wilson letter indicating the program
will be transferred to the Harborview
Center.
Deegan requested the Sailing Center
business plan be agendaed.
Deegan noted a letter from John Doran
asking how the public can become involved
in the designing of the park at Pier 60. The
City Manager is to respond.
Ga_ rvev referred to the Library's plan to open
the main branch on Sundays from 1:00 to
5:00 p.m. until May.
23. 3:57 p.m,
CITY COMMISSION MEETING
January 17, 1995
The City Commission of the City of Clearwater met in regular session at City Hall,
Tuesday, January 17, 1995 at 9:00 a.m., with the following members present:
Rita Garvey
Fred A. Thomas
Richard Fitzgerald
Sue A. Berfield
Arthur X. Deegan, it
Also present:
Elizabeth M. Deptula
Kathy S. Rice
William C. Baker
Pamela K. Akin
Cynthia E. Goudeau
Patricia Sullivan
Mayor/Commissioner
Vice-Mayor/Commissioner
Commissioner
Commissioner
Commissioner
City Manager
Deputy City Manager
Assistant City Manager
City Attorney
City Clerk
Board Reporter
The Mayor called the meeting to order and led the Pledge of Allegiance. The
invocation was offered by William C. Baker, Assistant City Manager.
In order to provide continuity for research, the items will be listed in agenda order although
not necessarily discussed in that order.
ITEM #3 - Service Awards
Fourteen service awards were presented to City employees.
The Commission'recessed to meet as the CRA and Pension Trustees at 9:12 a.m.
The Commission reconvened at 9:28 a.m.
ITEM #4 --Approval of Minutes
Commissioner Thomas moved to approve the minutes of the regular meeting of
January 3, 1995, and the special meeting of November 2, 1994, as recorded and
submitted in written summation by the City Clerk to each Commissioner. The motion was
duly seconded and carried unanimously.
ITEM #5 - Presentations
a) Julie Nichols re "Sunset at Pier 60" event to be held in March
minccO1 c.95
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01/17/95
A group of volunteers, supported by staff, has met regularly to discuss the "Sunset
at Pier 60 Project," intended to bring a Key West atmosphere to the pier area with
performers and crafts people appearing for evening shows. Approximately 20 to 25
regular participants are anticipated to perform evenings, Thursday through Monday. The
proposed location is along both sides of Pier 60 (alternating sides periodically) east of the
baithouse entrance and extending from the pier onto the Pier Pavilion sidewalk. The
performers and crafters will be screened to ensure a family atmosphere. Sponsorship is
being sought.
City Commission support is requested: 1) waive parking fees for performers and
crafters; 2) free use of the Pier 60 area through a "lease agreement"; zoning approval for a
"special event" to comply with zoning regulations; 3) waive occupational license fees for
performers during start-up period or the establishment of a special occupational license fee
category; 4) co-sponsor the event during the trial period for insurance purposes; 5) design
and construct a small kiosk for the program's administration; and 6) financial support.
Julie Nichols said the shows would last from two hours before sunset until two
hours after sunset. The organization hopes to inaugurate the program in March. The
group is working with a Key West liaison who will visit the Pier and offer suggestions. Key
West has shared their established guide lines, leases, and participant applications. Some
Key West and Renaissance performers have expressed an interest in performing. Ms.
Nichols indicated the organization lacks adequate money to promote the event.
The Mayor questioned what Ms. Nichols and her group were requesting the City to
..z „. do. Ms. Nichols said the group intends to form a non-profit organization for this purpose.
They request: 1) parking fees be waived for performers who will be charged $6 a night to
participate; 2) to lease the pier for a nominal charge; 3) zoning approval for the project as a
special event; 4) simplification of the licensing process for participants; 5) co-sponsorship
by the City to reduce the group's insurance costs; 6) a small kiosk where participants can
register; and 7) financial support to promote the event. The Mayor requested more details
from staff regarding this proposal.
Commissioner Thomas said the group does not have an organization, a corporate
entity, or a business plan, just a basic request for something "fuzzy and warm." He said
everyone wants the beach to be more lively and entertaining and indicated he liked the
concept but felt the idea was not well enough developed. He suggested Ms. Nichols work
with the City Manager, the Clearwater Beach Association, and Chamber of Commerce and
define the corporate entity. Ms. Nichols said this is now a Chamber of Commerce event.
She said they intend to enlist the support of the Clearwater Beach Association and hope to
one day be self-sufficient. Commissioner Thomas felt the concept needs also to be
addressed by the Harbormaster, Parks & Recreation, and the Parking System.
John Doran said all City staff and organizations mentioned have been a part of the
planning process. He said the articles of incorporation for a non-profit called "Sunset at
Pier 60 Society" will be filed soon. They have the format for the lease and participants.
He indicated they could duplicate Key West's event at the Pier.
mincc01c.95 2 01117195
Commissioner Fitzgerald spoke in favor of the proposal. He agreed the City
Manager should do a bit more work on it. He noted the Commission had been quick to
approve a recent request for a similar amount of money to promote a video on Clearwater
Beach in Las Vegas based on a short presentation. He felt it was inconsistent to act with
such caution regarding a proposal made by a group the Commission knows as friends and
neighbors. He recommended this proposal be pursued as he felt Key West's event was
interesting and entertaining. He felt the request for 20 parking spaces was negligible. He
said this proposal should be explored as quickly as possible. The Mayor said she was not
against the proposal but was seeking points of clarification.
Commissioner Deegan spoke in favor of the project. He noted the idea had been
fleshed out since it was originally presented a month or so ago. He indicated the
Commission can indicate the portions of the concept they favor. He favored approving the
concept as a Special Event, today. Commissioner Deegan questioned why the performers
are charged a fee. Ms. Nichols said the performers work for tips and make money at the
event. The organization needs funds for two employees to run the event, insurance, and
incurred costs. Key West participants also pay $6. Commissioner Deegan noted the
participants pay because they expect to make money from tips or the sales of crafts. He
felt it was time the City take a more pro-active role in promoting events on the beach. He
requested additional information regarding the request for a kiosk. He suggested the City
minimize obstacles for this event.
Mayor Garvey noted the City Commission had made a policy statement that Special
Events would have to be approved as part of the budget process. She requested the City
F.,
-nd Manager come back with a proposal with an agreement. Commissioner Deegan indicated
he wanted more specifics regarding the kiosk.
Commissioner Berfield suggested using a room by the pier for the time being. Ms.
Nichols said the kiosk was needed to secure money collected each evening and as a place
where participants can register and sign release forms. She indicated it does not need to
be much larger than a podium. Commissioner Berfield questioned if having assigned space
would solve that problem. Ms. Nichols agreed and noted the Welcome Center has
provided them with some office space.
Commissioner Berfield noted Ms. Nichols' letter of request mentioned the
organization expected to receive $2,500 in seed money. Ms. Nichols said they are trying
to obtain seed money from sponsors. Commissioner Berfield questioned if they are
requesting the City to provide the additional funds needed. Ms. Nichols said, "No," and
noted the budgeted expenses include the cost of Marina parking permits as an alternative
to free parking. She said the performers cannot be asked to pay for parking.
Commissioner Berfield questioned the group's financial request. Ms. Nichols said the
original request by the Chamber was for $15,000. She noted any money they get will be
used for promotion.
Mayor Garvey questioned if the event will be year round. Commissioner Berfield
pointed out it is planned for Spring, Summer and Fall. Ms. Nichols said the group
minccOl c.95 3 01/17/95
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anticipated supporting the event on a trial basis from March through October on Thursday
through Monday evenings. She indicated if participants wish to continue beyond October,
they will review it.
Commissioner Thomas noted the event in Key West happened naturally on a
sidewalk along the waterfront where it was easy to attract tourists and evolved over a long
time. He expressed concern the Key West event is on a sidewalk, not down a pier.
Commissioner Thomas said he did not have enough information in front of him to address
it. He questioned the Harbormaster's point of view regarding 20 participants performing
on the pier and what would happen should one performer attract a crowd large enough to
block the pier. Ms. Nichols said Central Permitting Director Scott Shuford, Parks &
Recreation Director Ream Wilson and Harbormaster Bill Held looked at the grounds to
determine the areas that should be used. Plans are for the participants to use the pier, the
concrete area in front of the pier and space near the concession area. A certain number of
performers will be staggered on the pier. Commissioner Thomas felt this idea will work
well after the nearby buildings have been razed and the park and open space is completed.
He requested staff come back to say if this suggestion is feasible. Mayor Garvey
suggested permitting a trial basis. Ms. Nichols said the reason for her presentation was to
learn what additional information the Commission needed.
Commissioner Thomas questioned what the promotional budget will be, who will
provide it and how much it will cost the City. Commissioner Deegan noted staff has been
involved with this proposal and questioned if they had reported to the City Manager
regarding these points. He did not think these operational details were an area of
Commission responsibility. The City Manager indicated key staff members have attended
every meeting and are enthusiastic about the project and would like to see it's success.
She noted two part time employees would oversee the operation. She recommended
allowing it to go forward as a Special Event, co-sponsored, at first, by the City. She
suggested staff could participate in in-house promotion.
Mayor Garvey suggested being careful regarding the type of tourism entertainment
being brought from Key West. Ms. Nichols indicated every participant must be approved
by a committee and adhere to strict guidelines. Crafts will need to be handmade and will
not compete with merchandise offered by beach stores. She said the group intends to be
careful, The Mayor noted the majority of the Commission favors the concept but some
details are not clear.
Commissioner Berfield questioned if the City Commission was willing to direct staff
to work with the group for a trial period over Spring Break and come back with a report.
Commissioner Deegan questioned if it would be handled through the Special Event
committee. Commissioner Berfield agreed.
Commissioner Berfield moved to approve Sunset at Pier 00 as a Special Event
during March and April 1995. The motion was duly seconded.
Commissioner Thomas noted expenditures must come back for additional approval.
mincc01 c.95 4 01 /17/95
Upon the vote being taken, the motion carried unanimously.
Commissioner Deegan noted the group must address parking access before they
can line up performers.
Commissioner Deegan moved to waive parking fees for up to 20 performers and
employees for up to 20 days. The motion was duly seconded and carried unanimously.
Commissioner Berfield questioned if staff could decide where that parking would be.
Commissioner Deegan agreed.
Upon the vote being taken, the motion carried unanimously.
The City Manager noted a slightly different nuance would occur if the City co-
sponsored the event and recommended making that designation. Commissioner Deegan
questioned if that classification meant the City would not have to issue a lease agreement.
The City Manager agreed.
Commissioner Thomas questioned how much this event would cost the City for
staff time, the value of additional expenditures, and if it would interfere with fishing.
Mayor Garvey questioned how the event would interfere with fishing. Mr. Doran indicated
the event would occur on the east side of the gate for four hours an evening and would
not interfere.
?. Commissioner Deegan moved to approve the City being a co-sponsor of this event.
The motion was duly seconded.
Mayor Garvey questioned if any lease agreements or payments would be required.
It was indicated they would not be necessary if the City co-sponsored the event.
Commissioner Barfield noted the group also can obtain reduced liability insurance.
Commissioner Thomas indicated he still wanted financial numbers, budgets, and City
exposure before approval. Commissioner Deegan questioned what approval Commissioner
Thomas was referring to. Commissioner Thomas indicated expenditures of City dollars or
City risk. Commissioner Deegan noted the group has not yet asked for specific financial
support.
The City Manager noted if the City co-sponsors the event, the City will list it on all
published City calendars and on the bulletin board on C-View TV. She questioned if the
Commission wanted this item brought back before a check is issued. Commissioner
Thomas indicated he wanted to know what the City's financial exposure will be. The City
Manager questioned if the Commission wanted that information before the event begins in
March. Commissioner Thomas noted the City Manager has the right to make these
decisions as she has financial jurisdiction up to $25,000 but requested the Commission be
informed of her decisions. The City Manager indicated the group can proceed with the
proposal and staff will report to the Commission as the event becomes more firm.
Commissioner Deegan questioned if the City Manager- was comfortable with that proposal.
' mincc0'I c.95 5 01/17/95
Ms. Deptula said decisions are made every time the group meets. She said if problems
develop, staff will come back to the Commission and say the City is no longer a
participant. Commissioner Thomas wanted to know where the program is headed.
Commissioner Berfield indicated that was the purpose of the report coming back in May.
Upon the vote being taken, the motion carried unanimously.
ITEM #6-- Citizens to be heard re-items „not on the Agenda
Howard Groth said the airing of the January 3, 1995 Commission meeting on
Channel 35 broadcast was the most horrible picture he had ever seen. He indicated the
colors bled together and the picture was out of focus, making it impossible to read name
plates or recognize the Commissioners. The audio was so low he had to raise the volume
on his set and hearing aid to their highest volumes. He suggested not continuing with the
broadcast if it cannot be improved. The City Manager said that meeting represented the
first broadcast of C-View 35 and the problems are being addressed.
CITY MANAGER REPORTS
CONSENT AGENDA (Items #7-13) - Approved as submitted less # 7, 8, 9, 10, and 12
ITEM #7 - See below.
.h? ITEM #8 - See Page 8.
ITEM #9 - See Page 9.
ITEM #10 - See Page--9.
ITEM #11 - Proyerty Utilization Agreement with-Community Pride Child Care Center of
Clearwater. Inc., on a month to month basis, for $10, for property located on the southerly
50' of City owned real property at intersection of Holt Ave. & Russell St., governing the
maintenance & liability for a detention pond constructed thereon by Community Pride until
the parcel is required for City purposes (EN)
ITEM #12 - See Page 10.
ITEM #13 - Sanitary sewer lien agreement - Carlton Terrace First Addition, Blk H, Lot 10 &
south 112 of Lot 11 (1808 Skyland Drive - Diocese of St. Petersburg)(CA)
Commissioner Thomas moved to approve the Consent Agenda as submitted less
Items 7, 8, 9, 10 and 12 and that the appropriate officials be authorized to execute same.
The motion was duly seconded and carried unanimously.
ITEM #7 - Purchase insurance policy endorsement to add Police Professional Liability
coverage to existing policy for remaining FY 1994195 for $45,333. (FN)
mincc0i c.95 6 01/17/95
,t
Through Risk Management, the City Administration recommends the Commission
authorize the purchase of an endorsement adding $5-million worth of Police Professional
Liability insurance to existing coverage for excess Auto/General Liability/Workers'
Compensation insurance for the- balance of FY 1994/95 with Ranger Insurance, through
the Accordia Insurance Broker for an initial premium of $45,333. The City's current
liability package covers excess AutoiGeneral LiabilitylWorkers' Compensation insurance for
$5-million but does riot cover Police Professional Liability that can be added by
endorsement. If approved, purchase of the endorsement for the balance of the currant
fiscal year would be ,permitted.
This proposal is in response to the City Risk Manager's Request for a Quote to add
such coverage. Rick Management believes this combined package is in the City's best
interest. The annual premium for this coverage is $68,376.
Commissioner 8erfield questioned why the insurance package is being changed.
Risk Manager Leo Schrader said coverage is being added. Commissioner Berfield
questioned if the City ever before had Police Professional Liability insurance. Mr. Schrader
said it had not.
Commissioner Deegan questioned why purchasing the additional coverage was in
the City's best interest. Mr. Schrader said the insurance will cover Police Officers in the
performance of their regular duties against false arrest, unlawful arrest, violation of civil
rights, false imprisonment, etc. These types of cases normally end in Federal courts where
Florida statutory limits do not apply and the exposure is unlimited. A successful claimant's
attorney fees can be substantial and are usually awarded.
Commissioner Deegan noted the coverage is for the City, not the Police Officer, He
questioned if the City ever had this coverage before. Mr. Schrader indicated not to his
knowledge. Commissioner Deegan questioned what the City had to pay in the past that
now needs to be insured against. Mr. Schrader indicated the City has had several claims
and open claims exist. He noted the City has a $500,000 self-insured retention and this
coverage will protect the City against large claims. Smaller claims will continue to be
handled through the appropriation process. Commissioner Deegan questioned if the City
has ever had to pay on a claim that now will be covered. Mr. Schrader agreed the City has
not had to pay one of this magnitude but has paid smaller claims. He indicated the new
coverage would not cover smaller claims.
Commissioner Thomas questioned if the City ever had this coverage. Mr. Schrader
said as far as he knows, the City has not. Commissioner Thomas questioned if the City
has had any such claims over the past 20 years. Mr. Schrader said lie could not answer
that but had no knowledge of one. He noted the amount, type and size of claims have
changed dramatically over the past 20 years. Commissioner Thomas questioned why the
City needs the insurance now. Mr. Schrader said the City has not had a claim of the size
to which the coverage would respond. He said the City does not want to pay such a clairn
and the insurance will protect it from such a claim although the City does not oxpoct one.
,.Wrv? mincc0'l c.95 7 01117/95
Commissioner Thomas noted Mr. Schrader is requesting new coverage and an
additional ongoing cost to the City that will grow incrementally. He questioned why Mr.
Schrader wants the insurance. Mr. Schrader said some current cases concerti him.
The City Attorney felt the coverage is an excellent idea, She said what is
happening is not in the City but reflects what is happening Statewide and throughout the
country. She noted cases are occurring snore frequently and are resulting in larger awards.
Commissioner Thomas agreed the issue is valid and complained insurance companies do
not aggressively fight claims. He recognized the City is between a "rock and a hard place"
on this issue.
Commissioner Thomas moved to authorize payment of an additional $45,333 for
the purchase of a policy endorsement to the Excess Auto/General Liability/workers'
Compensation insurance policy adding Police Professional Liability coverage to the existing
policy for the balance of FY 1994/95 and that the appropriate officials be authorized to
execute same. The motion was duly seconded and carried unanimously.
ITEM #S - Purchase of_license _agreement for Risk Management, Information Svstem (RMIS)
with David Corp., San Francisco, CA, in an amount not to exceed $64,500. (FN)
One Risk Management Division goal during FY 1994/95 is to bring the
administration and adjusting of workers' compensation, property, and liability claims in-
house. To achieve this goal, Risk Management must purchase a license to use a Risk
Management Information Software System to capture data and process claims in-house.
W"-
On July 28, 1994, proposals were solicited from providers of Risk Management
Information Systems. Staff recommends the system by David Corporation, a wholly
owned subsidiary of the Wyatt Company, an international consulting firm specializing in
human resources, financial management and systems with more than 3,700 employees in
70 cities.
By bringing the administration and adjustment of workers' compensation, property
and liability claims in-house, the City will realize substantial savings. During the first full
year of operation, the savings will be approximately $50,000 and approximately $80,000
for each year thereafter. These savings will result from two main sources: 1) Not hiring
third party administrators (TPAs) to handle City claims, and 2) from the review and
payment of bills of providers who render services to City employees for the treatment of
job-connected injuries.
The contract of the current TPA, Johns Eastern Company, Inc., expired September
30, 1994 and is obligated to handle old City claim files for 90 days thereafter. They also
handle new workers' compensation claims monthly on a per claim basis until the new
system can be implemented. Staff handles all liability claims in-house.
Commissioner Berfield questioned if the net savings noted in the agenda item
include the cost of the system. Mr. Schrader said they do not. Commissioner Deegan
noted this item was approved in last year's budget.
mincc01 c.95 8 01 /17/95
-., Commissioner Thomas moved to approve awarding a contract for the purchase of a
license agreement for use of a Risk Management information System (RMIS) with David
Corporation of San Francisco, California, in an amount not to exceed $64,5000 and that
the appropriate officials be authorized to execute same, The motion was duly seconded
and carried unanimously.
LjgM #9_- Change Order to Joint Project Agreement with Pinellas County to install natural
gas mains during improvements to f=ast Lake Rd., Phase 1, increasing estimated labor cost
to $141,000 (GAS)
On November 29, 1993, the City Commission approved a Joint Project Agreement
with Pinellas County to install natural gas mains during the widening of East Lake Road,
Phase I. Project specifications have changed. The size of pipe used for the project has
been increased from a 4" Polyethylene (PE) gas main to a 6" PE gas main to provide
additional volumes of gas needed to supply future growth to Northern Pinellas. This line is
one of three major foods to N Pinellas County. Clearwater Gas System (CGS) revised its
prices to reflect increased construction costs.
CGS lies revised its estimate for this project from $70,000 to $141,000 for labor
only. Gas materials will be provided by CGS from existing inventory. The estimated cost
of these materials is $40,000, a $15,000 increase over the previously approved amount.
AND
H, • ITEM #10 -Change Order to Joint Proiect Agreement with Pinellas Count to install natural
?gas mains during improvements to East Lake Rd., Phase 11, increasing estimated labor cost
to $313,000 (GAS)
On November 29, 1993, the City Commission approved a Joint Project Agreement
with Pinellas County to install natural gas mains during the widening of East Lake Road,
Phase It. Project specifications have changed. The size of pipe being used for the project
has been increased from a 4" Polyethylene (PE) gas main to a 6" PE gas main to provide
additional volumes of gas needed to supply future growth to Northern Pinellas. This line is
one of three major feeds to N Pinellas County, Clearwater Gas System (CGS) revised its
prices to reflect increased construction costs.
CGS revised its estimate for this project from $155,000 to $313,000 for labor only.
Gas materials will be provided by CGS from existing inventory. The estimated cost of
these materials is 580,000, a $26,000 increase over the previously approved amount.
Commissioner Berfield noted the change in specifications and questioned who made
the change and why Clearwater is responsible for the additional costs. Chuck Warrington,
Managing Director of the Gas System, indicated the City had changed its design criteria
and upgraded the main from 4-inches to 6-inches. Pinellas County's decision to build a
section of Pinellas Trail along the line required the installation of some lateral connections.
Commissioner Berfield moved to approve a change order to the Joint Project
Agreement with Pinellas County to install natural gas mains during the improvements to
mincc01c.95 9 01/17/95
-? East Lake Road, Ph,Ag l to increase the estimated labor cost from $70,000 to $141,000,
and to approve a change order to the Joint Project Agreement with Pinella's County to
install natural gas mains during the improvements to East Lake Road, Phase 11 to increase
the estimated labor cost from $155,000 to $313,000, and that the appropriate officials be
authorized to execute same. The motion was duly seconded and carried unanimously.
ITEM X112 - Con rac for Rosetre Court Storm Replacement and Flushing Avenue Sonitar
Interconnector Sewer to Steve's Excavating and Paving, inc. of Clearwater for
$144,924.00 (EN)
Rosetree Court Storm Replacement (94-5) - During summer storms, street and
house flooding occurs at the north end of the Rosetree Court cul-de-sac. The existing
storm system draining Rosetree Court consists on a 19-inch corrugated metal pipe, This
original storm line has deteriorated structurally because of scour and tree root intrusion.
The pipe is undersized and cannot sufficiently drain runoff from the subdivision during
certain storm events.
The proposed storm system will include a 24-inch reinforced concrete pipe to be
installed under the Rosetree Court roadway to provide Public Works' crews easier access
for future maintenance and repairs: The project also will include additional catch basins
and ditch grading work along Nursery Road.
Flushing Avenue Sanitary Interconnector System (94018) - This project is to relieve
a hydraulically overloaded 8-inch sanitary sewer in Morningside Subdivision along Williams
Drive by constructing an additional sewer along an alternate route. An 8-inch
interconnector sanitary sewer will be constructed along Flushing Ave. and across Harn
Blvd. to an existing 8-inch sanitary sewer in Ranchwood Drive. This sewer will divert the
hydraulic overload to the East PCF, South Interceptor Sewer. Traffic flow along Harn Blvd.
will not be disrupted.
These projects -will start on or about February 13, 1995 and are scheduled to be
completed within 135 calendar days.
Commissioner Deegan referred to the statement on the cover memorandum, "it has
been determined that the pipe is undersized and cannot sufficiently drain the runoff from
the subdivision during certain storm events." He indicated the language sounds exactly
like what the City had at Del Oro that forced the construction of ponds the people did not
want. He questioned why ponds were not required here. Mr. Baier indicated he was not
familiar with the Del Oro project.
City Assistant Manager Bill Baker said the City has the permits for the project and
assumed additional ponds were not required. Commissioner Deegan said he did not want
to stop the project but wanted to understand the ponding issue. Mr. Baker indicated he
would provide the Commission with that information.
Commissioner Thomas moved to approve awarding a contract for Rosetree Court
Storm Replacement and Flushing Avenue Sanitary Interconnector Sewer to Steve's
Excavating and Paving, Inc. of Clearwater for $144,924 and that the appropriate officials
be authorized to execute same. The motion was duly seconded and carried unanimously.
IminccOl c.95 10 01/17/95
OTHER ITEMS ON CITY MANAGER REPORT
EM 6 4 - Rep. #95-11 - approving Sovereign Submerged Lands Use Agreement No. UA-
52-145 with Board of Trustees of the Internal Improvement Trust Fund of the State of
Florida (EN)
The City has completed the installation of four utility lines under Clearwater Pass in
conjunction with the new Clearwater Pass Bridge construction. The existing Submerged
Lands Use Agreement specifies highway use. The Florida Department of Environmental
Protection (DEP), Division of State Lands, acting as the designated agent for the Board of
Trustees of the Internal Improvement Trust Fund, does not consider utilities to fall under
the classification of highways. DEP did previously provide emergency authorization to
allow the project to proceed.
Commissioner Berfield moved to approve Sovereign Submerged Lands Use
Agreement #UA 52-145 with the Board of Trustees of the Internal Improvement Trust
Fund of the State of Florida and that the appropriate officials be authorized to execute
same. The motion was duly seconded and carried unanimously.
The City Attorney presented Resolution #95-11 and read it by title only.
Commissioner Fitzgerald moved to pass and adopt Resolution #95-11 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
"Ayes": Fitzgerald, Berfleld, Deegan, Thomas and Garvey.
"Nays": None.
ITEM #15 - Res. #95-1 which provides all new City traffic signal installations be mast arm
system. (EN)
The Florida Department of Transportation (FDOT) recently adopted a policy requiring
all new traffic signals installed by FDOT within ten miles of the coastline be supported with
mast arms instead of traditional span wire assemblies. Mast arm systems are more
aesthetically appealing and have greater resistance to high winds during tropical storms
and hurricanes. Traffic Engineering supports the new policy that becomes effective in
March 1995. Traffic Engineering has been installing new replacement traffic signals with
mast arm systems and wish to continua. This resolution will apply to all public roadways
within the City limits under the jurisdiction of FDOT, Pinellas County, and the City.
Commissioner Fitzgerald questioned if all new signals in the City would be
supported by mast arms. Mr. Baier indicated all new signals will be supported by mast
arms that are structurally superior to traditional span wire assemblies. Commissioner
Fitzgerald questioned if the new signals in question would be those under City jurisdiction.
Mr. Baier said all new signals within the City limits would be affected. Commissioner
Fitzgerald noted signals recently installed at the improved intersection of Belcher and NE
Coachman hang from span wire assemblies. Mr. Saier said that intersection of a State
Road and County street was not affected because the policy was not in place when the
project went to bid.
11?wd mincc01 c.95 11 01/17/95
---? Commissioner Thomas expressed concern with locking the City into a mast arm
traffic signal and questioned if there are places where that design is impractical. Mr. Baler
indicated FDOT has recognized places on the road/highway system where an equivalent
truss(ike or monotube structure would be permitted. He said very few places in Clearwater
would not be appropriate for the mast arm structure. Commissioner Thomas did not want
to lock the City into something that is impractical. Mr. Baker said since the mast arm and
wire both come from poles, he did not see how the design would cause any problems.
Commissioner Fitzgerald moved to approve providing all new traffic signals installed
within the City limits of Clearwater be a mast arm system. The motion was duly seconded
and carried unanimously.
The City Attorney presented Resolution #95-1 and read it by title only.
Commissioner Deegan moved to pass and adopt Resolution t#95-1 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
The Commission recessed from 10:42 to 10:50 a.m.
ITEM #116 - Revised Clearwa er Solid Waste Recycling Business Plan; provide recycling
service to customers in unincorporated Pinellas County who are on the Clearwater utility
billing system & are willing to pay for the service; expand acquisition of multi-family &
commercial recycling customers by hiring 1 additional temporary sales person (SW)
In November 1993, the City Commission awarded a five-year contract to the
Clearwater Solid Waste Department (CSW) to provide residential and multi-family recycling
programs Citywide. In January 1994, the City Commission approved CSW's participation
in commercial recycling Citywide in competition with private recycling companies using a
flexible rate schedule. 'The City Commission charged CSW with the responsibility for
becoming an entrepreneurial enterprise, operating like a company, and held the Solid Waste
Director responsible for the company's performance in compliance with the submitted
proforma.
CSW prepared an updated Recycling Business Plan that provides added information
regarding the promotion, marketing, and conduct of the recycling program to include
telephone book recycling. Included are sales and revenue goals related to the proforma.
Opportunities 1 and 3 allow for expansion of recycling service to a larger customer base
with a sales staff augmented by one temporary employee. Opportunity 2, the expanding
of recycling service to adjacent municipalities, has been deferred for later consideration.
Opportunities 1 and 3 expand the recycling program outside City limits.
Bob Brumback, Director of Solid Waste, referred to the recycling project and noted
the department has attained 94% of their sales goals for commercial businesses and 88%
of their sales goals for multi-family residences. The residential program is going nicely.
mincc01 c.95 12 01/17/95
People who live in incorporated areas have indicated they wish to join the program. The
department has reached approximately 89% of their projected tonnage. He noted
recyclabies are not as plentiful as they had hoped. He said sales goals are tied to the
proforma in the Recycling Business Plan and listed by quarter for FY 1994195.
Mr. Brumback reported on the telephone book recycling plan. The program will run
during the two consecutive weeks when GTE issues new phone books in late May.
Curbside residents will place their telephone books next to the yellow bins on their
respective pick up day for pick up by a separate vehicle. Separate arrangements will be
made for multi-family residents, commercial customers and schools. Although the City has
found a market for the books, the program will result in a net deficit of approximately
$7,800.
Mr. Brumback referred to Opportunity 1, to provide recycling service to residents of
unincorporated Pinellas County who are already on the City's utility billing system, This
service can be provided for the additional cost of the bins. Anticipated revenues are
between $3,210 and $16,600 annually.
Commissioner Thomas said he will vote for the item although he was unhappy with
the data received. He said the Commission should be able to compare one year on the
presented proforma with the new proforma, line by line. He said it was impossible to make
a comparison based on the proforma presented. He noted the program was saved by the
skyrocketing revenue from recyclabies. He requested better information regarding
variables.
.Y. Mayor Garvey recommended approval of the item and requesting Mr. Brumback
return with Commissioner Thomas' request. Mr. Brumback said lie could provide that
information in a report. Commissioner Thomas indicated he wanted a comparison of the
original FY 1994195 presentation with the new report next to it. Mr. Brumback indicated
he would do that.
Commissioner Deegan noted much of the packet includes the original presentation
and noted the numbers presented include the figures requested by Commissioner Thomas
regarding residential customers.
The Commission recessed at 11:00 a.m. and went into closed session. They
reconvened at 1:31 p.m. following lunch and a groundbreaking ceremony for the Municipal
Services complex.
Mr. Brumback referred to Opportunity 1, a proposal to provide recycling service to
the approximate 2,950 utility system customers who live in nearby unincorporated Pinellas
County. One percent of the targeted population has already requested the service. The
department's target of 5% would increase department revenues by $3,210 without
increased costs. If 1,000 customers sign up, department revenues would increase by
$16,600 annually. City trucks already travel within blocks of those homes.
Commissioner Deegan questioned if Solid Waste needs spacial permission to
institute a surcharge. Mr. Brumback suggested an appropriate surcharge for recycling
. mincc01 c.95 13 01/17/95
S+,``1
-r. customers living in unincorporated Pinellas County would be 10%. He said that was the
most he could recommend and rernain competitive.
Commissioner Thomas questioned if any problems existed due to local issues with
the County. Mr. Brumback indicated the County Recycling Coordinator was pleased the
City is willing to offer the service.
Mr. Brumback referred to Opportunity 3, a request to hire a temporary sales staff
member for one year with the possibility of an extension. He referred to a study by Dr.
Pam Skyrme of Skyrme and Associates that analyzed the program's performance during its
first six-months. The study concludes if the department continues to perform during the
next year and a half as it has for the previous six months and the temporary sales member
is hired for a salarytincentive/benefit package not to exceed $34,000, the department can
increase total program productivity by $0.5-million.
Mr. Brumback indicated it has been difficult to attract multi-family developments to
the program. Dr. Skyrme projected a deficit of $93,000 in this program over the next five
years given current performance. He indicated the department wants to beef up its sales.
Opportunity 3 will allow Solid Waste to take advantage of a favorable market, frontload the
program, and do better than predicted in the proforma.
Commissioner Deegan questioned if the figures listed under FY 1993194 were
actual numbers or copied from the original presentation. Mr. Brumback said they were
projected figures based on six months. Commissioner Deegan noted that period ended last
September and questioned why updated figures are not available by now. Controller Paul
Nystrom said those figures have been determined and a prepared statement was provided
to the City Commission. Commissioner Deegan questioned how the number compared.
Mr. Nystrom indicated they were very close and reflected a deficiency of $45,000 in all
three programs. Deputy City Manager Kathy Rice indicated the proposed employee would
be hired under a one year contract with a renewal and would not be a permanent
employee.
Commissioner Deegan referred to Opportunity 3, multi-family, and the goal of one
new customer. He questioned if that was not a very conservative goal. Mr. Brumback
indicated that was out of a potential of ten and agreed the goal was conservative.
Commissioner Deegan noted most of the revenue comes from commercial accounts and
questioned if the proposed sales person would not be spending much time attracting multi-
family accounts. Mr. Brumback said the new salesperson will spend 87% of that person's
time the first six months on multi-family and 13% on commercial. Commissioner Deegan
questioned if the salesperson is only expected to attract one customer after spending that
much time on multi-family sales. Mr. Brumback indicated that goal of one was referred to
in Opportunity 1. Commissioner Deegan questioned if an extra person was required to
achieve Opportunity 1. Mr. Brumback said no extra person is required for that.
Commissioner Thomas noted the paperwork indicates an additional two sales
persons. Mr. Brumback said one sales person was already approved and brought on board.
Commissioner Thomas referred to Opportunity 2, and questioned if Mr. Brumback would
continue the dialogue regarding this proposal. Mr. Brumback said he was working on
4
mincc01 c.95 14 01/17/95
? Ys
U
--?, obtaining additional information before addressing the City Commission for approval.
Commissioner Thomas indicated he Wanted to be certain discussion of this proposal would
be pursued.
Commissioner Thomas moved to approve the revised Clearwater Solid Waste
Recycling Business Plan, approve the providing of recycling service to customers in
unincorporated Pinellas County who are on the Clearwater utility billing system and are
willing to pay for the service (Opportunity 1), and approve the expanded acquisition of
multi-family and commercial recycling customers by hiring one additional temporary sales
person (Opportunity 3). The motion was duly seconded and carried unanimously.
ITEM #1.7 - Review of tree lights on Mandalay
Before the holidays, Shirley Moran, representing "Holiday on the Islands," requested
the beach be allowed to install holiday lighting in the trees on Mandalay Avenue between
Marianne and Baymont Streets. Ms. Moran explained the organization would solicit
donations for the lights and asked permission to install signage recognizing contributing
businesses. She had indicated the lighting and signage would be attractive to remain year
round.
A decision was made to permit the lighting for a trial period during the holiday
season, followed by a report for further consideration. During November 1994, "Holiday
on the Islands" arranged for a contractor to place holiday lighting as follows: 1) lights were
installed on trunks of 34 palm trees on Mandalay's east side between Marianne and
Baymont; 2) tights were placed around trunks and in the fronds of three palm trees on the
'D Barnett Triangle at the west side of the beach bridge; 3) lights were placed in 14 trees and
on the gazebo in Cruise Gardens behind the Civic Center; and 4) lights were placed around
the trunks and in the fronds of five palms on the triangle located in front of the Pick Kwik
on south beach. The City paid for the electricity.
The lights have been the subject of vandalism resulting in some maintenance
problems. A January 10 inspection revealed that lights on 32 of the 34 trees on Mandalay
Avenue were burning. Lighting started six or eight feet up the trunks because of
vandalism to lights at sidewalk level. Lights were burning in all three palms at the Barnett
Triangle, in four of five palms at the Pick Kwik, and in three of 14 trees behind Cruise
Gardens. Ms. Moran informed staff they had collected $50 from private business for half
of the Mandalay Avenue palms but did not proceed because of vandalism.
Ms. Moran requests approval to allow the lights to remain through the tourist
season. Ms. Moran and others on the beach will cover all maintenance and replacements
for the tights at no cost to the City. The City will pay the electric bills associated with the
project. Staff recommends Ms. Moran's request be approved. Signs recognizing donors
should be similar to the current 6" x 12" signs placed at the bottom of each tree.
Mayor Garvey expressed concern regarding making it more difficult for Clearwater
to maintain and trim City trees. Ms. Moran indicated much vandalism has occurred and
more than 250 light bulbs have been removed. She noted when one light is removed, the
whole strand goes dark. She said she was searching for strands that do not go out when
one light is removed.
?" mincc01 c.95 15 01/17/95
Commissioner Thomas questioned if Ms. Moran's organization will maintain the
lights so they work. Ms, Moran said their goal is to have them look good, If they cannot
meet that goal, they will remove them. Commissioner Thomas questioned if the
organization has the money to fix the lights. Ms. Moran indicated they do.
Mayor Garvey questioned how the City will perform necessary trimming on the
trees. It was indicated staff will deal with that as necessary. Mr. Wilson said the lights on
Mandalay are only affixed to the trunks and maintenance of the palms is not affected. He
indicated the only lights that would need to be removed for trimming would be the ones in
the Barnett Bank and south beach triangles.
Commissioner Thomas moved to allow the lights and the 6" x 12" signage at the
bottom of each tree to remain with the City paying only for electricity, provided the lights
are maintained adequately, through April 16, 1995. The motion was duly seconded.
Commissioner Berfield questioned when Fun 'N Sun occurs. The Mayor said in
May. Commissioner Berfield recommended leaving the lights up until that event.
Commissioner Berfield recommended considering that proposal in a couple of months.
Commissioner Thomas noted daylight-saving time will be in effect then and questioned if
beach activities will be occurring when it gets dark around 9:00 p.m. Mayor Garvey
recommended the issue be reexamined in April.
Upon the vote being taken, the motion carried unanimously.
.4 ITEM #17a - Bordner U0ate__on Beach Tourism Survey
Dr. Diane Bordner said her company was commissioned to do a study of visitors to
Clearwater beach and Sand Key. Two-hundred intercept interviews were conducted in
December 1994 and the information presented reflects the December visitor only. Another
study of 200 visitors will be completed in May, The City requested feedback from tourists
during the slowest months to see how to increase visitation during those times. She said
this data is specific to Clearwater. The Countywide data is not available yet for
comparison but she hoped to make an evaluation and comparison in February between the
City and County statistics.
The study questioned the satisfaction level and attitude of the visitor to Clearwater
beach and Sand Key. For the purposed of the study, a visitor is defined as someone who
lives outside the Tampa Say area who was visiting Clearwater beach or Sand Key for a
stay of one to 21 nights. A complete list of data tables on each question was provided to
the City Manager.
According to attitudinal data, visitors viewed their visit to Clearwater beach / Sand
Key as a highly positive experience. Of those surveyed, 98.5% said they were satisfied
with their visit overall, 82% were very satisfied, and 96.5% planned to return. Of those
who planned to return, almost two-thirds indicated they would return next year. Dr.
Bordner noted once people choose Clearwater beach as their destination, they are pleased
with their stay and wish to return.
"^d minccO l c.95 16 01/17/95
When asked how they would describe Clearwater beach to others, not one visitor
made any negative comment in their description of Clearwater. Dr. Bordner indicated her
organization would normally expect some replies to include negative or indifferent
comments. Visitors were enthusiastic in their responses. People did not just say that this
is a great beach, they said this is the best beach I have ever been to, or the cleanest
beach.
Of the 53% who said "absolutely nothing," when asked what they would change
or add to improve their visit to Clearwater, some requested that nothing be changed
because it is wonderful the way it is. Of the sample, 47% (94 people) suggested changes:
7% said more activities on the beach; 6.5% said better access to the area with several
referring specifically to traffic flow; 5.5% said reduce parking costs; 5.5% suggested more
activity and location information provided in hotels; 4.3% said eliminate the toll bridge; and
4.3% said more food variety, especially in relationship to more fast food for children. Dr.
Bordner indicated none of these suggestions appeared to be a major issue with the visitors.
The 171 people in the sample with use of a car while here, were asked if they had
found anything problematic about the parking or signage. 83% indicated they had no
problem. Of the 17% (29 people) who said they did, complaints include: parking is too
expensive; the meters are a hassle; parking tickets; lack of parking spaces. Problems with
meters included frustration in locating quarters. Those who had received tickets indicated
they were surprised at receiving them. All felt they had returned in time, or within five
minutes of expiration.
Commissioner Berfield questioned if those in the survey with cars were staying in
beach hotels. Dr. Bordner indicated every person surveyed was staying on Clearwater
beach/ Sand Key. Commissioner Barfield questioned why the visitors did not park at their
hotels. Dr. Bordner said they did but ran into difficulty when they moved the vehicle.
Commissioner Berfield noted some visitors surveyed were unaware of the Jolley
Trolley which provides an alternative from driving for all beach visitors. Dr. Bordner said
some indicated they would like to see the Jolley Trolley schedule posted along with its
route.
When those with cars were asked if they had problems with signage leading to the
beach, 8.8% (15 people) indicated they had a problem. Most suggested additional signage
on SR 60; some said the signs were too small or too close to the exit. She noted an
enormous percentage of visitors to Clearwater did not indicate they had problems with
signage.
Mayor Garvey said the report was very positive. Dr. Bordner agreed and indicated
in her organization's research, she had never heard glowing comments like those she heard
about Clearwater beach. She said the descriptions given by visitors are important because
they translate into referrals.
Commissioner Berfield said she was ecstatic about the report. She questioned if the
comments would differ if the survey was done during high season. Dr. Bordner indicated
the only way to compare the seasons was to actually do another phase of the survey
minccO1 c.95 17 41 /17195
during high season. Mayor Garvey noted Spring Break tourists do not represent a true
picture of the normal Clearwater visitor.
Commissioner Thomas question if Dr. Bordner ran Clearwater, what would she do
first, second and third to improve tourism on Clearwater beach. Dr. Bordner pointed out
that people who come here, come back. The task is to get people to come in the first
place. She suggested travel agents could be targeted for a Clearwater beach promotion.
An advantage of Clearwater beach noted by visitors is that it is away from the City, small
and self contained. Commissioner Thomas requested Dr. Bordner return with
recommendations. Mayor Garvey said the Chamber of Commerce is inviting concierges
from Orlando to familiarize them with Clearwater beach.
Commissioner Deegan indicated this survey was undertaken in response to people
on Clearwater beach whose concern was how to get people to visit Clearwater beach. He
noted the survey's finding that 4811/o of the visitors were first time visitors. A Chamber of
Commerce member interpreted that result as a negative, saying Clearwater beach once
attracted 80% repeat visitors. Dr. Bordner noted her survey was done at one point in time
several weeks before December. She said the composition of groups may also change.
The County's statistics for August indicate most visitors are families while Dr. Bordner's
survey indicates most December visitors to Clearwater beach are couples.
Commissioner Deegan referred to an article in today's Clearwater Times newspaper
reporting on a series of focus groups on tourism done in northern cities. He questioned if
doing several focus groups would be a valid way to prove or disprove points made by the
a. northern groups who did not come here. If the complaint that the State is too urbanized
` and does not reflect the images in advertisements could be validated, Commissioner
Deegan suggested the marketing of Clearwater beach could be affected. He referred to the
cost dissatisfaction expressed by the focus groups. Dr. Bordner said the survey indicated
visitors found costs on Clearwater beach met their expectations. Commissioner Deegan
said that does not prove if visitors found it to be expensive or not. He questioned if a
focus group could probe to see what that meant and if focus groups would be worthwhile
to add more information to the Commission's purpose. Dr. Bordner agreed and indicated
these were interesting challenges. Mayor Garvey noted the newspaper may have only
included the most salient point of that and requested a copy of the report referred to in the
article.
The City Manager said the next survey is scheduled for May 1995. Dr. Bordner
said she will make a direct comparison with the survey's data and the County report, make
an assessment, and submit it to the City Manager. She indicated no final conclusion can
be reached until after the second survey.
ITEM #i 7b -Bah Town Me in Follow U - Parkin Structures
City Manager Elizabeth Deptula reviewed the booklet on parking structures that
included a list of citizens' concerns and comments, an overview of beach parking, and a
summary of concerns and comments regarding parking structures with/without first story
retail, tourism and transportation around the beach.
?' minccal c.95 18 01 /17/95
Ms. Deptula referred to page 4 and how the City will decide if a parking structure is
needed. An informal staff study based on FY 1993194 revenues indicated occupancy
rates of: 16.3% in metered lots; 32.2% in on-street metered spaces; and 56% in cashier
operated lots. She noted a legitimate study includes many more factors. Staff
recommends hiring an outside consultant if the Commission is serious about erecting
parking structure. Charts in the report compare actual revenue with the unused capacity
of beach parking and track monthly parking revenues.
Other staff issues include the noed to coordinate the parking structure with the
redevelopment plan to be certain it supports the plan's pedestrian and appearance issues.
Careful consideration should be given to various types of automated parking towers
although the salt water environment may be detrimental. Ground floor retail and restaurant
uses to enhance pedestrian uses of the area need to be considered as well as the
construction cost per parking space.
Ms. Deptula noted Clearwater's experience with the Garden Avenue Garage
indicated the actual revenues will offset operating expanses but not the debt service. The
rest of the parking fund subsidized the construction of that garage. She indicated usage
began to increase in August due to new tenants in a nearby building. Commissioner
Thomas questioned if the income continued to increase after September. Parking Facilities
Manager Tracey 8ruch indicated the income has increased since then. Mayor Garvey
indicated revenues must increase significantly before the structure breaks even.
Commissioner Deegan expressed concern that rates have not changed since they were set
in 1986. He requested a discussion of those rates be brought back later.
Multimodal transportation considerations include the Clearwater Ferry Service, the
Jolley Trolley, PSTA route #80, limousines and taxi services, and rental agencies and
potential light rail systems.
Commissioner Thomas referred to the reported occupancy rates and indicated there
is no doubt that there is zero parking available on Clearwater beach on weekends and
during the high season. The City Manager indicated the figures are based on revenue and
does not mean anyone can find a parking space between 12:00 noon and 3:00 p.m.
Commissioner Thomas indicated the City needs someone to analyze at what point the City
reaches its maximum ability to handle parking. He suggested parking needs to be
developed for when people are using the lots. Mayor Garvey questioned how the City
could justify the expense of building a parking structure if only a certain number of days a
year are affected. Commissioner Thomas said the data is misleading because it indicates
the City is not using much of its' parking capacity. The City Manager indicated the data is
not misleading if the reader knows these figures represent a revenue analysis.
Commissioner Thomas recommended the Commission look at learning professionally what
needs to be done regarding parking. Mayor Garvey questioned if the City will ever be able
to solve the problem of adequate parking on the beach.
Commissioner Thomas referred to page 18 regarding the Clearwater Ferry Service
and noted only 46 persons used the ferry service between the Drew Street dock and the
beach from September 1, 1993 to August 31, 1994. He noted the City is subsidizing that
service at a cost of $6,396 a year. He expressed concern at the high cost for subsidizing
f? mincc01 c.95 19 01117195
a limited number of passengers. Special Assistant to the City Manager Carole Greiner said
Clearwater Ferry also picks up additional passengers to go on their cruises. Commissioner
Thomas questioned if the City is subsidizing travel in both directions. Ms. Deptula noted
32 people traveled one-way and 14 traveled round-trip. She indicated the parking system
pays the marina slip rent for $6,396 per year. Commissioner Thomas requested debate on
this issue be scheduled at a later date.
Commissioner Deegan referred to issue X13 on page 12 regarding automated parking
towers utilizing computerized parking and noted information on the local business providing
such structures, Robotic Parking, Inc., is included in the January 13, 1995 package, sent
by John Doran. Staff's report suggests this type of garage may not be feasible due to
Clearwater beach's salt water environment. Robotic Parking's sales information indicates
that is not a problem: Staff refers to potential queuing limitations while Robotic Parking
claims cars can enter and exit at a rate of 400 to 960 vehicles per hour depending on the
construction. He questioned if staff has spoken directly with Robotic Parking. The City
Manager indicated staff would get in touch with them.
Commissioner Thomas questioned if any conclusions would be presented. The City
Manager questioned if the City Commission wished to embark on a parking needs study
and allocate the funds. The Mayor recommended delaying final decisions until all of the
items are discussed. Commissioner Deegan agreed with reaching a conclusion after all
beach issues are discussed.
Mayor Garvey questioned if establishing retail on the parking garage's first floor is
something the Commission would want to establish as policy. Commissioner Deegan said
he preferred to find out what people on the beach say. In the past, beach merchants have
indicated there are already enough restaurants, t-shirt and curio shops on the beach. New
construction would hurt established businesses. He noted there are many empty stores on
the beach. The Mayor said if the City wants pedestrians using the sidewalks, something
besides blank walls and parked cars must be provided to catch their interest.
Commissioner Thomas agreed with the Mayor. He noted this is a current topic as the City
is about to build a parking garage with the Municipal Services building without any retail on
the first floor. Mayor Garvey indicated she was referring to Cleveland Street which is more
pedestrian oriented than Myrtle Avenue. Commissioner Thomas said there are valid
reasons for including retail facilities on the ground floor of parking structures and requested
that staff bring forward information on its value. Commissioner Deegan agreed the issue
was worthy of discussion but did not think a general rule should be established that every
parking structure should include ground floor retail space. He noted the Municipal Services
Complex is three blocks from the retail center. Commissioner Thomas said the parking
would create the desire to do business in that building.
John Doran referred to Dr. Bordner's December survEy and noted how those
surveyed already had a place to park. He said the City needs a parking structure on
Clearwater beach and recommended it be erected on the Memorial Civic Center property.
He said anecdotal information from businesses and visitors suggest there is a need nor
more parking. Most applicants for commercial businesses request parking variances. Two
beach businesses are applying to build their own parking garages. Mr. Doran said more
than 36,000 vehicles go to the beach every day. A parking structure is necessary because
'' minccOl c.95 20 01117195
t•
,F
of the limited amount of land on the beach. The City owns the Civic Center site and a
parking garage would provide convenient parking for those going on charter boats, going to
the beach, Pier 60, etc. The site would get cars off the street as soon as they arrive on
the beach. The structure will not obstruct with current view of the Gulf or the Harbor. He
said the structure can be designed to be aesthetically pleasing. Mr. Doran said the
Clearwater Beach Association voted that a parking facility for the beach is a good idea but
a facility at this site is not.
Bob Bickerstaffe referred to plans for the four-story parking garage at the Municipal
Services building and questioned why plans do not include a foundation strong enough to
add future floors. Commissioner Thomas requested staff get back with an estimate of
costs to increase the foundation's strength.
Commissioner Deegan noted a Budget Advisory Committee formal recommendation
that the City double the amount of needed parking spaces has never been discussed. The
issue will be agendaed.
Mr. Bickerstaffe suggested the foundation of the Municipal Services building also be
strengthened to accomrnodate future vertical growth of two or three stories. He
recommended the building be designed ,to extend over the ground level parking lot. Mr.
Bickerstaffe noted the Garden Avenue garage cannot be expanded more than two stories.
Commissioner Thomas noted the footprint of the Municipal Services complex
permits another building to be added in the future. Mr. Baker said the City Commission
authorized a percentage of growth that could be accommodated within the square footage
of the three stories and had decided not to add another story. Future growth needs can be
met by expansion to the east at the building's south end. Mr. Bickerstaffe said the most
expensive part of a building is its foundation.
Charles Pollick said there has been much discussion regarding the promotion of
tourism on Clearwater beach and noted there will be parking problems if beach events are
successful. He agreed the beach community is divided on this issue. He questioned
where a parking facility would be built. A couple of businesses are increasing their
parking. Others will follow. He indicated not everyone agrees with the Civic Center
location supported by Mr. Doran but said the multiterraced design is attractive. He
suggested including retail space in the design for future needs.
ITEM #18 - Other Pending Matters
a) Lease for parking lot on corner of Drew Street & Osceola Avenue (Arnold)
Arnold-Brown Properties owns the five-story office building at 121 North Osceola
Avenue, adjacent to the lease premises. In 1985, the City entered a 10-year land lease of
the western 150 feet of City Parking Lot #7 with Arnold-Brown Properties to provide
additional parking for tenants and customers. The agreement provided that the Lessee
prepare the property for use as a parking lot, provide signs and landscaping, and maintain
the property. The City constructed the parking surface and provided lighting, Monthly
rent payable in 1985 - 1989 was $ 150.00, increasing to $180.00 per month in the years
1990- 1995.
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The current lease, which expires January 31, 1995, provides that the City, as
Lessor, pay ad valorem taxes or other assessments that might be owed pursuant to the
lease, In 1994, the Pinellas County Tax Collector began enforcing Chapter 196, F.S.,
requiring payment of ad valorem taxes when a governmental entity leases real property to
a profit making organization. Under terms of the present lease, the City paid 1994
property taxes of $1,756.21 on November 29, 1994.
The lease renewal increases monthly rental from $180 to $200 per month during
the first three years of the lease term. The rental may be adjusted a maximum of 15% in
the final two years of the lease term based on fluctuations in the Consumer Price Index
(CPI). Additionally, the City no longer will be responsible for payment of ad valorem taxes.
All taxes, maintenance, utilities and insurance costs are to be paid by Arnold-Brown
Properties. Should the. City Commission determine a municipal need exists for the
property, the lease may be terminated upon 60 days notice to the Lessee.
The City Manager said the item was pulled from an earlier agenda. The item was
revised after a reanalysis of the appraised value of the property and the Pinellas County
assessed value. The rate will provide a 6% return on those values.
Commissioner Thomas referred to Article VI - Renewal, and questioned if the
agreement allows the lessee to automatically renew the lease at a 10% maximum increase.
The City Attorney said that was correct. Commissioner Thomas said it was inappropriate
to tie the City's hands to a 10% increase that is lower than'the property's market
potential. He requested Article VI be deleted and the renewal be at the discretion of the
City Commission negotiated by the City Manager. The Mayor said she was not unhappy
c ..r with the agreement.
Commissioner Fitzgerald questioned if that limitation is in the Stein Mart lease. He
said the Stein Mart lease gave them the option to renew, not the City. Commissioner
Thomas said this agreement also gives the tenant that option. He did not think the
agreement should deal with a number that low. Real Estate Services Manager Earl Barrett
pointed out that Section 3 of Article V provides the ability to increase the monthly rent by
a maximum of 15% after the first three years based on the CPI. Thera is a potential for a
25% increase over a period of five years. He pointed out Articles V & VI work together.
Commissioner Thomas questioned if the lease can be renewed indefinitely. Mr.
Barrett said the lease permits one additional five-year renewal. Commissioner Thomas
questioned if the maximum rental that could be charged for the last five years of a ten-year
lease would be $286 per month. Mr. Barrett indicated that depended on the CPI.
Commissioner Berfield noted the lessee has an option to renew and questioned if
the City has an option not to renew. Mr. Barrett said the agreement includes a 60-day
termination clause and the City may give them notice at anytime.
Commissioner Fitzgerald moved to approve a five-year lease renewal from February
1, 1995 to January 31, 2000, with Lea E. Arnold, Jr. and Herbert G. Brown, DIBIA
Arnold-Brown Properties, of the western 150 feet of City Parking Lot #7 at the southeast
corner of Drew Street and Osceola Avenue, providing initial net monthly rental of $200 per
''?'°' mincc01 c.95 22 01/17/95
monthly, adjustable in the 37th month of the lease as provided therein, with all taxes,
insurance, maintenance and utilities to be paid by Lessee, and that the appropriate officials
be authorized to execute same. The motion was duly seconded. Upon the vote being
taken Commissioners Fitzgerald and Deegan and Mayor Garvey voted "Aye";
Commissioners Berfield and Thomas noted "Nay." Motion carried.
CITY ATTORNEY REPORTS
ITEM #19 - Other City Attorney Items
The City Attorney reported the City was served last week with the lawsuit
regarding severance pay for former City Attorney Galbraith. She requested using
Thompson, Sizemore & Gonzales as outside counsel.
Commissioner Thomas moved to approve using Thompson, Sizemore & Gonzales as
outside counsel for the Galbraith severance pay case. The motion was duly seconded and
carried unanimously.
ITEM #20 - City Manager Verbal Reports
The City Manager reported the City received ballots for 39 of the 41 City owned
Downtown properties from the Downtown Development Board (DDB). Ms. Deptule
recommended the City refrain from participating in DDB straw poll because the City
Commission is the agency that will make the final decision regarding the DDB's future.
Commissioner Barfield expressed concern that other Downtown businesses have
not yet received their ballots. She questioned if all qualified properties received ballots.
The City Manager indicated she did not know as the City is not conducting the straw poll.
Commissioner Deegan pointed out there is a difference between taxpayers and
property owners. He said the DDB sent ballots to all property owners. He indicated some
property owners received their ballots late. He did not feel it was the City's responsibility
to answer questions regarding the DDB's straw poll. The City Clerk is not conducting the
poll.
Commissioner Thomas said he has received multiple comments from property
owners indicating they did not receive ballots.
Commissioner Deegan noted the City Manager's recommendation covers the City
Commission exercising of proxies received by the Community Redevelopment Agency
ballots as agreed at the CRA meeting.
Consensus was to refrain from participating in DDB straw poll.
The City Manager reported the Parks & Recreation Department are removing three
large oak trees from the main Library parking lot due to decay.
ITEM #21 - Commission Discussion Items
mincc01 c.95 23 01/17/95
+(°4r
f
al Jazz Holiday Funding Request
The City Manager reported Clearwater Jazz Holiday has requested the City increase
its commitment to $25,000 from the current $5,000.
Commissioner Thomas believed beer and wine are widely used at the Jazz Festival
which he does not oppose. The City would not have to subsidize the event if the festival
could soli beer and wine. He noted the last time this issue was brought up, the City
Commission said they would rather increase the funding. He suggested the Commission
approve granting the festival the right to sell beer and wine.
Commissioner Deegan questioned if only a Commissioner who voted with the
majority can bring back an item already ruled on by the Commission. The City Clerk
indicated any Commissioner can make a motion to rescind a previous action.
Commissioner Deegan questioned if the tendency in courts today is to hold
proprietors of establishments that sell alcoholic beverages liable for what happens to
patrons after they leave. The City Attorney said there is liability on those who sell or
provide the alcoholic beverages. Commissioner Deegan questioned if the City would be in
danger of being considered a proprietor if the Commission allows the sale of beer and wine
on City property. The City Attorney said she would have to research that topic. She
suspected there may be such a risk. Mayor Garvey questioned if the risk is greater if the
City approves the sale of beer and wine or if the City allows people to bring alcoholic
beverages in coolers. Commissioner Deegan suggested if the City allows the sale of
alcoholic beverages it is taking a positive step but if the City refrains from policing to
'. prevent something, the City may be in a less liable position. Commissioner Fitzgerald felt
the fact the City does not allow the sale of beer and wine at the Jazz Festival is a positive
statement regarding the City's position on the matter.
Commissioner Berfield noted if one is looking for liability, they may sue Jazz Holiday
which is a non-profit. She expressed concern the City could be held liable. The City
Manager indicated insurance costs may increase if beer and wine sales are allowed.
Commissioner Deegan noted three Commissioners indicated they did not want to
change their minds regarding the sale of beer and wine at the Festival. Commissioner
Thomas expressed concern that not enforcing a City law was the same as endorsing the
breaking of that law. Commissioner Berfield said she has seen people being asked to put
their alcoholic beverage containers away at the festival. Commissioner Thomas questioned
if anyone has been arrested at Jazz Holiday for drinking. The Mayor indicated arrests have
been made.
Commissioner Thomas moved to approve the increase in City funding of Clearwater
Jazz Holiday to a total of $25,000. The motion was duly seconded.
Commissioner Berfield questioned if any backup information had been sent
regarding the need for $25,000. Dale Kleine, Chair of the Clearwater Jazz Holiday Task
Force, said the costs were based on a preliminary budget. Musician transportation costs
are anticipated to increase by $10,000 to $15,000. The magnitude of the event has
t
mincc0l c.95 24 01/17/95
Z. ;i.
required the festival to hire temporary help to set up and break down the booths and tents.
''. Rain insurance is quite expensive. Equipment costs and the need for additional port-a-lets
have increased. She said the preliminary budget assumes the event will have the same
number of sponsors as last year.
Commissioner Deegan said some citizens have indicated they were against giving
$25,000 and in-kind services to the festival. He wished to respond to say the benefits of
the Jazz Festival far outweigh the expense to the City. He says the event brings many to
Downtown Clearwater. He stated there are often unforeseen expenses that occur after the
budget process. The Mayor said she supported the motion. She agreed this was a great
event. Commissioner Fitzgerald said he supported the funding and felt the additional funds
are well spent. Commissioner Berfield noted the Commission had earlier indicated they
were willing to increase their donation rather than approve the sale of beer and wine.
Upon the vote being taken, the motion carried unanimously.
The City Manager questioned if this funding was needed before October 1, 1995, or
would it be part of next year's budget. Ms. Kleine said they do not have to have it until
after October 1, 1995.
Commissioner Thomas recommended a marketing package be developed by staff to
tie the whole City into Special Events. He suggested Jazz Holiday become a week long
special event around the four-day festival and merchants across the City hold Jazz Holiday
sales and merchandising. He suggested, some entertainment could be brought out to other
parts of the City to make the event City-wide. Mayor Garvey questioned how the food
vendors could be moved from Coachman Park to Countryside. She suggested the private
sector be responsible for expanding the event and let Jazz Holiday decide. Commissioner
Thomas said the City has a leadership role in helping to market and merchandise the City.
Mayor Garvey said the Fun and Sun Festival is celebrated throughout the City.
Commissioner Thomas did not feel it was marketed to the extent he recommended.
Commissioner Thomas suggested Jazz Festival sales being held at Clearwater and
Countryside Malls. Commissioner Deegan agreed the Commission can give the Festival
encouragement to do this.
Commissioner Fitzgerald agreed with Commissioner Thomas. He recommended
involving the Chamber of Commerce and their area councils, and encouraging their
involvement to coordinate some kind of theme.
Commissioner Berfield noted one finding in Dr. Bordner's report was that tourists
did not feel they were well advised of activities. She suggested information could also be
given through the Public Information Office, on C-View 35, the Chambers of Commerce,
etc., and tied in with the malls and restaurants.
It was agreed the City Manager would be asked to pass on the Commission's
encouragement to Jazz Holiday to do these kinds of things.
ITEM 1122 - Other Commission Action
mincc01 c.95 25 01/17/95
Commissioner 8edfi6l-d reported most citizens have commented in favor of the larger
`, street signs being installed at intersections.
Commissioogr_ThgmM stated he agreed with Mr. troth's comments regarding the
quality of the broadcast on Channel 35. He assumed the reason was due to technical
problems. He questioned if there was an answer for Mr. Groth. The City Manager said
staff recognized the quality was not good. Ms. Rice said many things needed to be
corrected. The cameras were not focusing as quickly as they should. She said the
problems are being addressed. The Mayor expressed concern the heating and air-
conditioning system is insufficient to maintain the delicate equipment.
ommi ioner Dee an requested an update regarding ongoing negotiations with
Vision Cable He indicated one glitch involved the purchase of Vision Cable's parent
company. He expressed concern regarding frustration caused when the City Commission
is not aware of what is in contracts and changes being made at City Commission
meetings. He suggested staff apprise the Commission regularly of what is on the table to
receive direction. The City Manager said the Commission will get an update regarding the
present negotiations. Commissioner Deegan said the Commission can then let staff know
if anything is included that they do not like.
Commissioner Thomas questioned if the City does not grant permission for Vision
Cable to be sold to a new parent company, would that allow negotiations to begin "from
scratch." The City Manager said she will research the issue.
Commissioner _Deegan responded to concerns of dancers at the Annex by reading
k?. an excerpt from a Ream Wilson letter indicating the program will be transferred to the
Harborview Center. He hoped someone with Parks & Recreation does something to allay
the dancers' fears. The Mayor indicated she is putting together a letter to address the
dancers' concerns. The Mayor noted the Annex will not be razed for at least a year.
Commissioner Deegan noted Manny Costa with Global Facility Services is on site
and is ready, willing, and able to take telephone calls regarding reservations of the
Harborview Center at 462-6700 and 462-6705.
Commissioner Deegan referred to a memorandum from Mr. Saliga regarding the
Airpark's Business Plan. It was indicated the plan will be discussed at a meeting in
February. Commissioner Deegan requested the Sailing Center business plan also be
agendaed.
Commissioner Deegan noted a letter from John Doran asking how the public can
become involved in the designing of the park at the entrance to Pier 60. The City Manager
said staff will respond once the responses on the RFP for the tower are received February
7, 1995. The Mayor indicated the tower does not affect direction the Commission gave
regarding the Pier 60 site. The City Manager indicated the tower may affect the
playground's location. Staff will prepare a letter of reply to Mr. Duran.
Mayor Garvey referred to the Library's plan to open the main branch on Sundays
from 1:00 to 5:00 p.m. until May and questioned why this change was made in the middle
1` minccOl c.95 26 01/17/95
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Vii;. ? i ? .. • : .. i .. ? .? ? ... .
of a budget year. Ms. Rice said the City has the finances available without additional costs
due to funds from the cooperative. She indicated the Library has received many requests
for this expansion and are doing it during the busier season to review its effectiveness.
Ms. Rice said the Library had been challenged to see how productive they could be with
the cooperative funds. The Library already has expanded hours on Thursday evenings and
is now opening on Sunday at this one branch. Commissioner Thomas thought it was a
great idea. Commissioner Deegan said he was surprised regarding ,the level of those who
opposed this expansion, Ms. Rice said staff will continue to respond to citizen needs:
ITEM #23_- Adiggrnment
The meeting adjourned at 3:57 p.m.
0,
ATTEST:
City Clerk'.
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