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WORKSESSION
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City Commission Worksession Minutes
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CITY COMMISSION WORK SESSION
July 17, 1995
The City Commission of the City of Clearwater met Monday, July 17, 1995, at City Hall
with the following members present:
Rita Garvey
Sue A. Berfield
Fred A. Thomas
J. a.Johnson
Mayor /Commissioner
Vice-Mayor/Commissioner
Commissioner
Commissioner
Also present:
William Justice
Elizabeth M. Deptula
Pamela K. Akin
Cynthia E. Goudeau
Patricia Sullivan
Commissioner-Elect
City Manager
City Attorney
City Clerk
Board Reporter
The meeting was called to order at 9:00 a.m.
Service Awards
CJ
Six service awards were presented City employees.
Gregory Olson, Engineering Department, was presented the June 1995 Employee of
the Month award.
The Commissi"on recessed at 9: 11 a.m. to meet in an attornev/client session, as
Pension Trustees and as the Community Redevelopment Agency and reconvened at 11 :08
a.m.
The Mayor recognized the children visiting from Ervin's All American Youth Center.
PRESENTATIONS
Proposed Pier 69 Concession Stand - Post, Buckley. Schuh & Jernigan fPBSJ)
Assistant City Manager, William Baker, referred to the City Commissioner's decision
to build a park at the base of 8ig Pier 60 and reviewed the site plan. Staff has described
the City Commission's direction to Post, Buckley, Schuh & Jernigan (PBSJ) regarding the
proposed concession stand. Mr. Baker noted the City Commission will have the
opportunity to examine and approve all elements of the park.
Mr. Baker referred to Concept A for the concession stand and noted its open theme,
its direct entrances from the Pier, parking lot and sand. He said Concept 8 was similar to
Concept A but the roof was different and a walkway was designed between separate
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areas. He said the details of each design would be determined later. It was noted seating
should not be provided on the second floor sun deck because of the expense of providing
ADA access. Mr. Baker presented Concept C1 and C2, noting the roofs on each are more
grandiose. He agreed they would be the most expensive models.
Mr. Baker indicated all concepts included considerable seating under the shade. He
said every plan has slmilp.r seating capacity. The operator will determine the seating
configuration. It was suggested a bigger roof was preferred because it provided additional
shade. It was noted some patrons may wish to sit in the sun. Mr. Baker indicated the roof
design presented in Concept B was not truly flat to address maintenance concerns.
Concerns were expressed the designs presented under Concept C were too expensive.
The consensus was for staff to come back with more detail regarding Concept A
and Concept B.
As pavilion patrons may want a large outdoor dining place from time to time, it was
suggested the pavilion should be relocated next to the concession stand. Mr. Saker said
that need was not addressed previously. He noted that location option was rejected
because of the loss of parking spaces that would result.
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The City Manager reported staff is drafting a Request for Proposal (RFP) for the
concession stand. She said concepts include: 1) City builds the stand and charges higher
rent to cover construction costs; 2) Concessionaire pays lower rent by building the stand
that will eventually revert to the City; and 3) City builds and operates. It was suggested
that the concession plan include umbrella rentals.
Consensus was for the City to build the concession stand and lease it. It was noted
that City departments could compete and submit RFP's for the operation of the stand.
Concern was expressed regarding community involvement in the design of the
covered playground. The City Manager said staff advised PBSJ regarding the
Commission's direction to build a playground similar to the one at the Long Center. It was
suggested that community children be Involved with the design. The City Manager said
this could slow the project. Mr. Baker recommended PBSJ start the project. It was
recommended that the most appropriate building materials be used due to harsh beach
condition~l. Staff will come back with plans.
ED ECONOMIC DEVELOPMENT
City of Cle~rwater's FY 1995-96 Consolidated Plan
Under the Consolidated Plan, the City coordinates its approach to provide affordable
housing, create jobs, help the homeless, control crime and revitalize neighborhoods. This
approach helps neighborhoods by defining and addressing needs through an action plan
with performance measures.
The Consolidate Plan replaces: 1) the Comprehensive Housing Affordability Strategy
(CHAS); 2) the Community Development Block Grant (CDBG); 3) Emergency Shelter Grant
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(ESG); 4) HOME Investment Partnership; and 5) Housing Opportunities for Persons with
AIDS (HOPWA) with a single application. This consolidated submission replaces the CHAS
and HOME program descriptions, the COBG plan and final statement and the ESG and
HOPWA applications. The Plan consolidates the reporting requirements for these programs
and replaces five performance reports with one. The Plan encourages cooperation with
public housing authorities.
Funded programs include: 1) Economic Development Department; 2) Community
Response Team; 3) Economic Development Fund; 4) Pinellas Private Industry Council; 5)
Housing Rehabilitation Program; 6) Clearwater In-Fill Housing Program; 7) RCS Emergency
Housing; 8) Homeless Emergency Project; 9) Neighborly Senior Services; 10) Partners in
Self-Sufficiency; 11) Salvation Army; 1 2) Mustard Seed Foundation; 1 3) Pinel/as
Opportunity Council; and 14) Boys and Girls Club of Sun coast.
Alan Ferri, Economic Development Director, described the process established by
the Consolidated Plan. Four public hearings were held and agencies were invited to
address their needs. The City worked with the County regarding their Consolidated Plan.
He said the City's new process is more intensive and more citizens ara involved. The City
Manager referred to the page across from page 40 that listed the subgrantee evaluation
scores and award status. Mr. Ferri noted RCS's Food Pantry will receive funding from the
County, not from the City as listed. He said each program application was reviewed by the
Technical Review Committee and Neighborhood & Affordable Housing Advisory Board
whose scores were combined. He said all housing programs continued previous programs
and qualified for available funding, He said the Mustard Seed's application indicates their
l.o"rL) plan to be self sufficient after one year of funding. He explained the asterisks indicate
...,.tJ"! programs funded by Pinellas County.
Mr. Ferri reported approximately $1-million less funding is available this year. He
said based on the Citizen Participation Plan, the Commission must approve the
recommendation unless new information is presented. Concerns were expressed that
some recipient agencies scored lower than agencies who were denied funding. Mr. Ferri
noted the higher scoring agency had requested funds which were extremely limited.
Requests were twice as high as available funds.
It was recommended the names of the committee participants be included and that
their presence at Thursday night's meeting be requested.
The City Manager indicated the City Commission will also be requested to approve
the form of the contracts. Mr. Ferri said previously some agencies did not spend the
approved dollar amount and the City was left with unspent funds. He suggested pooling
funds for similar projects so fund distribution can be based on quarterly figures.
GAS GAS SYSTEM
Contract for construction of 1 gaseous fueling station, located at 1 01 0 Hercules Ave.. to
Motorfuelers. Inc., Clearwater. FL, at an estimated $386,654.70 (Consent)
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Contract for ponverslon of 33 Clearwater Gas System vehicles to comoressed natural aas
to Moto(fuelers. Inc., Clearwater, FL, at an estimated $138,739 (Consent)
The City Manager reported these two items will be pulled from Thursday night's
agenda because of pending changes to federal regulations.
A concern was expressed regarding the $4,000 cost of converting each vehicle.
Chuck Warrington, Managing Director of the Gas System, indicated City vehicles average
150,000 miles before trade in. He said estimated savings would cover the cost of
conversion and approximately half the cost of the gaseous fueling station. He said the
plan would not be feasible unless federal rules mandate other fleets to convert.
HM HUMAN RELATIONS
Fiscal Year 1995/96 City's Social Services Grants - approve recommendations made by
Technical Review Committee for allocation of funds in the amount $ 62,000 - approve
proposed contract form for funding contracts .
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In Fiscal Year 1993/94, the City Commission directed staff to institute a competitive
process for allocation of City social services' funding. In preparation for the third year of
the grants' program, a Request for Proposal (RFP) was mailed to social services' agencies
who had expressed interest. The RFP limited requests to $5,000, permitted the
submission of only one application per project and prevented agencies from applying for
Social Services and Community Development Block Grant funding for the same project.
$62,000 was again requested for social services funding. Pursuant to the RFP, the 32
grant proposals received requested $152,472.26.
On May 19, 1995, the Technical Review Committee (TRC) convened to rank the
proposals. The six TRC members included: Barbara Butz ~ Florida Department of Health
and Rehabilitative Services; Sandie Hugg - Morton Plant Rehabilitation Center; Elizabeth
Smoot - Pinellas Technical Education Center's Single Parenting Program; Jerome Brown -
Pinellas County Social Services; Lolita Brown - St. Petersburg Junior College; and Dorothy
Whitlock - Juvenile Welfare Board. The top-ranked proposals were selected for funding.
The committee limited agencies to one grant to award grants to a larger number of
agencies. When a single agency had more than one program in the top-ranking group, the
committee recommended only one for funding.
The City Manager said this year's allocation of $62,000 did not cover all requests.
She indicated her husband is a board member of the sixth rated program, Quest Inn, but
reported she had nothing to do with the ranking. Eleanor Breland, Director of Human
Relations, reported the money was split between the last two agencies chosen for funding
causing odd dollar totals. She reported only one program per agency was funded.
PO POLICE
Purchase of Police Department uniforms & related eauioment from Martin's Uniforms,
Tampa, FL, for the period 07/21/95- 07/20/96, at an amount not to exceed $85,000
(Consent)
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The Police Department supplies items of uniform apparel and related police
equipment to outfit new employees and to replace work or damaged items for members
assigned to all Police Department programs.
In May 1995. Martin's Uniforms responded to Bid 95-95 as the lowest bidder.
Under the initial contract of 1992. Martin's has supplied uniforms to the Police Department
for three years. Service has been very satisfactory. Uniforms conform to specifications
and problems are resolved quickly and to the satisfaction of the Police Department. The
contract excludes weapons. ammunition. radios and other specialized equipment.
It was questioned why the uniform contract does not conform with the City's fiscal
year. The City Manager indicated that schedule was too demanding on the Purchasing
Department. In answer to a question. the City Manager said she would advise the
Commission if the contract represented an increase in cost.
First Readina Ord. #5868-95 - restrictina the oractice of ttcruisinatl or unnecessarv
reoetitive driving
The proposed /lCruising Ordinance" attempts to alleviate congestion on Clearwater
Beach. Unlike previous "cruising ordinances, II it is proposed to permanently adopt the
ordinance. Definitions of the terms "lawful purpose" and "emergency" are included.
Definitions were modeled after definitions contained in Sections B 77.24 and 877.21,
Florida Statues, which concern juvenile curfew ordinances.
I"~") The proposed ordinance works as follows: 1) when traffic reaches a certain level of
.~~ congestion, a given street can be designated as a "cruising restricted" street. The Police
Department erects temporary signs and establishes traffic control points; 2) after a traffic
control point is established, tag numbers of passing vehicles are entered into a computer;
3) the computer operator is alerted when a passing vehicle's tag number is entered a
second time; 4) the computer operator radios a designated Police Officer stationed nearby;
5} the Police Officer stops the vehicle to give verbal or written notice to the operator and
to each passenger informing them the ordinance is in effect and that a subsequent
operation of the vehicle past a traffic control point within four hours of the initial
observation shall constitute a violation of the ordinance; and 6) a citation may be issued to
the operator of a vehicle that passes through the control point a third tim
It was noted the Police have never enforced the ordinance. The City Manager
stated the Police want the Ordinance to be available to control traffic. Concern was
expressed that the beach resembles a Police State. Bordner's recent survey, indicating
tourists feel safe and secure on the beach, was cited. It was requested the police
presence on the beach be discussed at a future date.
PR PARKS AND RECREATION
A!:ueement with Ervin's All American Youth Club. Inc. for the Club's c.ontinuina use &
suoervision of the Holt Avenue Youth Center Building. for the Deriod 09/01/95- 08/31 /98;
direction requested re amount & funding source of operational grant
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Since 1987, Ervin's all American Youth Club has operated out of the City owned
Hold Avenue Youth Center with a primary purpose to conduct educational, cultural and
motivational programs to benefit neighborhood youth, adults and families. The operating
budget is funded by the W.K. Kellogg Foundation, the Juvenile Welfare Board of Pinellas
County (JWB), the City and private donations.
At staff's request, Ervin Harris, Director, prepared and submitted the I/Mid-Year City
Report" on attendance, program descriptions and operating budgets for Fiscal Year (FY)
1993/94, FY 1994/95 and a proposed budget for FY 1995/96. A program assessment
prepared by the Aakhet Center for Human Development and a program evaluation by the
JWB is attached.
The existing three-year agreement between the City and Club expires August 31 ,
1995. The proposed three-year agreement includes provisions similar to those in the
existing agreement except: 1) Article II, (5), the Club now will be responsible for furnishing
the City each year on December 15, an audited report of activities covering the previous
operating year and 2) Article III, (1 ), the "grant" of $101,300 reflects the same
contribution the City made in FY 1994/95 and includes $9,800 for utility /operating
supplies from the Parks & Recreation Department's FY 1995/96 proposed budget, and
$91 ,500 for an operational grant. The $91,500 operational grant is not included in the
City Manager's recommended budget.
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Staff recommends consolidating all City contributions to Ervin's All American Youth
Club. Grants and budgeted monies will be provided in FY 1996/97 and FY 1997/98
budget years up to amounts approved in each year's operating budget.
The City Manager requested direction regarding funding. She referred to a graph on
page 3 and noted the City's grant was not budgeted last year nor included in next year's
budget. She said Mr. Harris has requested a $32,000 increase above this year's grant.
Ream Wilson, Parks & Recreation Director, indicated Ervin's Kellogg grant will decrease
next year by $32,000. He said staff recommends a grant at this year's level of $101,000
although it has not been budgeted. Mr. Wilson indicated they were trying to consolidate
and address Ervin's requests before the budget is approved.
Concern was expressed that Ervin's community outreach and senior's programs are
duplicates of programs offered by other agencies. It was recommended Mr. Harris not
spend his limited time on these two programs. Mr. Wilson felt the Club should be better
marketed.
It was questioned if the City should continue funding the program. It was noted the
Club does a wonderful job and cares for many children. Concern was expressed regarding
the Club's ability to raise funds and make up for the reduction in the Kellogg contribution.
The City Manager said funding from the City would have to come from the surplus fund
and recommended the 1994/95 3rd Quarter Budget Amendment identify the funding
source. She congratulated the Club's board for providing better information this year.
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Concern was expressed regarding outcomes for children who have completed the
program. Mr. Wilson said the Club included measures of success in their report. The City
Manager questioned if the Commission wanted to cut other programs or increase the
budget.
Concern was expressed regarding money budgeted for salaries. Mr. Wilson
reported the Club hires seasonal employees. The City Manager suggested the City could
donate $101 ,000 and match additional funds Mr. Harris raises. It was suggested such
incentives would be good for the club.
Consensus was to fund Ervin's All American Youth Club. Inc. with $101,OOOand to
provide a match, up to a maximum of approximately $16,000 for funds raised above the
$8,925 already budgeted for donations.
The Commission recessed from 12:49 to 1 :37 p.m.
EN ENGINEERING
Enaineer of Record Contract Work Order to Post. Bucklev. Schuh. and Jernigan. Inc.
(PBSJ) for Drew Street Wideninq DesiQn, from Highland Ave. to NE Coachman Rd., for
$1,070,308.84
To accelerate the design and construction of Drew Street by the Florida Department
~"'" of Transportation (FOOT), the City hired Post, Buckley, Schuh & Jernigan, Inc. (PBS&J) to
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......../ complete the Drew Street Project Development and Environmental Study (PD&E). This
process and study are required to ensure eligibility for federal construction funding. The
study recommends a typical roadway section consisting of four lanes and a continuous left
turn lane in the center. Widening will be accomplished with right-of-way acquisitions on
both sides of the roadway. On December 22, 1994, the study was approved by the
Federal Highway Administration (FHWA) ~nd FDOT, clearing the way for preparation of
final construction drawings.
This work order, as part of the Engineer of Record Contract with PBS&J, is to
design and prepare construction plans to widen the road and accommodate City utilities in
cooperation with the FOOT. Each element is structured to maximize benefits for the City.
Road construction will be completed by the FOOT. By funding the PD&E and final design,
the City will move the Drew Street project forward in the FOOT work program, a strategy
successful with projects such as the Clearwater Pass Bridge. To ensure the final design
will be completed to FDOT's satisfaction, FOOT negotiated with PBS&J for the City
regarding the scope of work and required staff hours to complete the design for an amount
not to exceed $927,173.20.
To meet regulatory requirements for the west end of the project near Highland
Avenue, a stormwater treatment facility is necessary. To meet roadway widening
requirements, it is proposed to locate Pond A on City property on the north side of Drew
Street. Additional improvements are proposed to Pond A and its outfall system to alleviate
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flooding in the Glenwood and Smallwood Circle area. The facility will treat and attenuate
more stormwater than required for the road widening alone. An outfall study wilt evaluate
improving the existing system's capacity to improve water quality and reduce nuisance
flooding downstream. If possible, Pond A and outfall improvements will be constructed
before and independent of the Drew Street widening project so the City will receive the
benefit of improvements as soon as possible. The additional drainage improvements'
portion of the project is estimated to cost $39.125.67.
While constructing the road widening project. the City must accommodate its
utilities. Using the same engineering firm to prepare the road widening and utility
accommodation plans will maximize design coordination and minimize construction
conflicts, delays and claims. Normal conflicts between drainage structures and major
utility facilities will be identified and resolved earlier for the lowest cost during the design
process. This scope of work will use new technology to locate utilities, even underneath
pavement, prior to the design process and enable designers ta reduce construction
conflicts. To further reduce utility conflicts. the City will request Florida Power and
General Telephone ta participate and reimburse the City for utility relocation expenses.
The cost of utility accommodation design is $79.857.66.
A Consultant will coordinate and inform City staff and the City Commission on
. progress of the work, coordinate City desires on project planning and design with FOOT
and public utilities and respond to public inquiries as directed. The cost of project
coordination is $24,152.31.
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~'I>:lI' The Letter of Understanding with FOOT includes: 1) $951,325.51 - Drew Street
Widening; 2) $26,629.22 - Sanitary Sewer; 3) $26,629.22 ~ Water System Line
Relocation; 4) $26,629,22- Gas System Line Relocation; 5) $39,125.67 - Stormwater
Renewal and Replacement - for a maximum limit nat to exceed total Work Order amount of
$1 .070.308.84.
Concern was expressed regarding the City being reimbursed for expenses incurred
far the PD&E. City Engineer Rich Baier said the City can apply for reimbursement but no
guarantee exists. It was noted the City already spent $O.5~million on the PD&E and now
this request is for $1 ~million for the design development. Mr. Baier said the design will be
ready ta go when FOOT has extra available funds,
Plans for Drew Street between NE Coachman and US 19N were questioned. Mr.
Baier said Pinellas County will be bidding that project within two weeks and construction
should begin by November 1995.
Concern was expressed regarding water retention needs addressed by pond A. Mr.
Baier said pond A would treat water and is planned for a location north of Drew Street and
west of Edgewood Drive. The contract includes an outfall study to address water draining
. into the low area of the Glenwood subdivision and causing flooding. It was questioned if a
pond had been planned for Clearwater Country Club. Mr. Baier said he would research
ponding plans and forward that information to the City Commission.
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., ~urcha~e aporoximatelv 1.005 acres of real orooertv located at 7302 US 19. New Port
I Rlchev, FL, from William J. Young, for $275,000 and estimated expenses for appraisal
fees. environmental inspections, an as~built & topographical survey, termite inspection &
closing expenses of $8,850; for a total estimated $283,850 (property for Clearwater Gas
System operations in Pasco County) (Consent)
On March 20, 1995, the City Commission approved a territorial settlement
agreement between Clearwater Gas System (eGS) and Peoples Gas System, granting CGS
exclusive gas service operations within approximately 117 square miles of southwest
Pasco County. On May 12, 1995, the Circuit Court validated the City bond issue and on
May 22, 1995, the Florida Public Service Commission approved the agreement.
The proposed property purchase is to provide eGS a high visibility location to
establish an operation and sales facility within the Pasco territory. The site, on the east
side of US 19, is within the northerly corporate limits of New Port Richey, about a quarter
mile south of the Pithlachascotee River. The approximately 43,778 square foot parcel has
257 feet fronting US 19 and is improved with a 2,400 square foot metal warehouse and
chain link fencing.
Following closing, CGS will begin operations in the existing structure and proceed
with plans to construct an additional 5,000 square foot office/showroom/warehouse
facility. Paragraph 8 of the agreement specifically allows CGS to confirm its future use of
the property, or the City may withdraw from the agreement by written notice to the seller
up to three days prior to closing.
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Conditional to closing, the City, at its expense, will obtain a current market value
appraisal of the property of not less that $275,000 performed by an appraisal firm mutually
acceptable by the parties. obtain a satisfactory environmental report, and an as-built survey
confirming the site is free or encroachments and contains topographical data to establish
flood level elevations. The seller will provide marketable title and pay for title insurance
and State documentary stamps on the deed.
The City Manager said under new Charter requirements, the City must get an
appraisal. If the property does not appraise at the sales price, the parties have the option
to proceed.
It was questioned why CGS does not rent property instead of purchasing. Chuck
Warrington, Managing Director of the Gas System, said property on US 19N allowing
multiple uses was scarce and indicated real estate people have worked diligently to locate
this property. He recommended its purchase.
CP CENTRAL PERMITTING
Public Hearina & First Reading Ord. #5860-95~ Amending Div. 18 of Ch, 40 - orovidina for
revised reauirements for the North Greenwood Commercial District; Amending Sec. 41.053
to address conditional use supplementary standards for 2 conditional uses in the district
(LDCA 95-11)
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The Florida Center for Community Design and Research completed a study of the
North Greenwood Commercial District indicating a need for greater flexibility in allowable
land uses and in dimensional and parking requirements. The Center also provided some
criticism of the General Development Plan for North Greenwood; consequently, references
to this plan have been deleted from the City code in this ordinance.
Of special note, this ordinance deletes parking requirements for nonresidential uses
in the North Greenwood Commercial District with the understanding that current district
parking facilities and those planned for this area will be sufficient to meet par:<'ing demand.
Staff will monitor this situation for any problems that my arise.
Other changes to the North Greenwood Commercial District include adding the
following uses as permitted uses: 1) business services; 2) veterinary offices; 3) adult day
care; and 4) commercial and trade schools. Outdoor commercial recreation/entertainment
is included as a conditional use. Minimum setbacks are decreased to zero, unless adjoining
a residential zoning district where 10 foot side setbacks will be required. The maximum
height is being increased from 25 foet to 30 feet. Minimum lot area requirements have
been deleted. The Economic Development Department recommends approval of this
ordinance. The Planning & Zoning Board and Development Code Adjustment Board have
reviewed this ordinance and recommend approval.
It was noted that staff will monitor the parking situation. It was questioned if these
changes will be initiated in other areas. The City Manager said the North Ft. Harrison area
is being reviewed for construction of vest pocket parking areas.
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Receiot/Referral - LDCA re amending permitted and conditional uses (LDCA95-12)
To streamline development procedures and ease the regulatory process for
developers and citizens, staff reviewed conditional uses in each zoning district to identify
uses that could be reclassified as permitted without adversely affecting neighborhoods or
neighboring properties. Staff recommends reclassifications in many zoning districts. Most
recommended reclassifications change conditional uses to permitted uses. Staff also
recommends adding child day care and outdoor retail sales as conditional uses in selected
zones where no current provisions exist for these uses.
A question was raised regarding why adult day care is classified as a conditional
use when an adult nursing home is classified as a permitted use. Sandy Glatthorn, Central
Permitting Manager, indicated she would check on the difference and report to the City
Commission. Accessory uses an pages 8 . 17 were referenced and it was questioned why
alcoholic beverage sales are listed as a permitted use versus a conditional use. Ms.
Glatthorn indicated those uses already are permitted in restaurants and shopping centers.
CM ADMINISTRATION
Aoprove $150,000 for construction of caterina kitchen: provide direction either .to
neqotiate a contract with Scheller and Benton based on final offer of conceot terms or
continue to solicit p':rooosals for Third Floor Restaurant in the Harborview Center under
Commission.defined terms: approve interfund loan of $150,000 from Central Insurance
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Fund. bearing interest at the cash 0001 rate. to be reoaid with Penny for PineJlas collections
in FY 1999
Staff contacted two companies that had expressed interest in bidding on the third
floor restaurant in the Harborview Center and requested the restaurants submit letters of
qualification instead of full proposals. Only one group responded.
The company indicated their last offer was: 1} five.year lease with an additional
three five-year options. Rental increase according to the CPI not to exceed 5 % and 2)
$36,000 per year rent, equivalent to $6 per square foot base rent plus $2 per square foot
Common Area Charge until gross sales reach $1 .5-million per year. At $1. 5-million gross
sales per year, the company proposed to pay percentage rent only of 4% up to $1.75-
million gross sales per year and then pay 4% rent of $1.75-million up to $2-million and pay
6% rent of $2-million and above. Rent would include base rent and CAM charges for a
total cost of occupancy. Rent would cap at 6 %.
The City also needs to provide $150,000 for a catering kitchen designed to serve
meals and prepare up to 1,500 meals at once. Included in the $150,000 is equipment,
utensils and dishes for a full banquet kitchen. The Center then would open with a catering
kitchen and have the ability to serve meals for a large number of people at events
scheduled for the Center beginning in January 1996. Funding for the catering kitchen
construction will be provided by a third quarter budget amendment reflecting a loan from
the Central Insurance Fund.
(.....) Deputy Cit'l Manager Kathy Rice said the applicants have indicated their last offer
.....,..' was final because the third floor restaurant is an untested concept. She noted Harborview
staff has expressed concerns regarding the need for a restaurant and catering kitchen. She
said a second group has indicated they also will submit a proposal.
It was suggested if the third floor restauranteur was not interested in providing
catering service, a list of caterers could be approved. It was recommended one person be
responsible for coordinating the needs of the catering kitchen every day of the year. It
was noted the Pickles restaurant will be responsible for catering the first floor.
The consensus was for staff to go forward with the catering kitchen as a separate
item.
Concerns were expressed regarding the proposal for the third floor restaurant. It
was recommended payroll not go to owners and that payroll should not come from gross
profits. It was felt the depreciation schedule was out of whack as lease hold
improvements are written off during the lease. It was suggested bistros earn 65% of their
income from food and 35 % from drink. Concern was expressed that revenue to the City is
based on profits over which the City has no control. Ms. Rice said staff proposed the
figures be based on gross sales.
It was recommended the length of the proposed loan be limited to 10 years to
reduce the City's exposure. It was suggested the restauranteurs could approach their
banks for the loan instead of investing taxpayer money in the venture. It was noted the
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loan covered leasehold improvements which landlords often make. When the restaurant
leaves. the City will maintain ownership of the improvements.
Concern was expressed regarding the plan when the restaurant vacates the facility.
It was indicated the City would lease the space to another restaurant. It was noted the
Harborview Center needs a restaurant and a catering kitchen. Assistant City Manager Bill
Baker reported no restaurants expressed interest in the facility without leasehold
improvements.
The consensus was to reduce the pay back time for leasehold improvements to ten
years. Ms. Rice said staff would present the best proposal to the Commission. She said
the applicants have been checked out and found to have a good financial record with
successful operations. Direction regarding the lease will be given Thursday.
The Commission recessed from 2:35 to 2:41 p.m.
OTHER CITY ATTORNEY ITEMS
1. Civil Service Board HearinQ Officers
The City Attorney reported ten attorneys responding to the City's advertisement for
the Civil Service Board Hearing Officer met minimum qualifications. It was recommended
the City Attorney screen those who responded and develop a short list. The City Attorney
said she would interview the applicants. She indicated the Civil Service Board will choose
(....') the hearing officer as cases come forward. It was suggested the hearing officers be used
'~ on a rotating basis if possible.
2. Uodate on enforcement actions eaainst Adult Businesses
Assistant City Attorney Robert Surette said the City began aggressive enforcement
of its anti-lap dancing ordinance in 1989. The ordinance was upheld, confirmed on appeal
and upheld agaIn in 1995. One adult business moved out of Clearwater while another
opened. He said the City adopted an anti-public nudity ordinance in 1994 that defined
nudity and was subsequently upheld in court. At the beginning of the occupational license
year, the City notified establishments that their occupational licenses would not be
renewed due to excess violations. He reported the adult businesses were given a SO-day
grace period to comply with the ordinances and State laws and receive occupational
licenses. Undercover efforts resulted in continued reports of violations of the ordinances.
He said the City was at the point where they could prepare a complaint to enjoin to
prohibit the continued violation of City ordinances. He suggested the City seek judicial
relief.
Concern was expressed regarding a possible risk of liability for damages.
The consensus was to proceed, with the City as plaintiff tiling for no preliminary
injunctions.
3. Access to Local Public Officials
-..-/
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The City Attorney reported recent legislation passed regarding access to local public
officials in quasi-judicial matters. The statute now allows communication under certain
circumstances but notice of that communication must be provided. She noted if public
officials failed to comply with this requirement, their communication would be presumed to
be prejudicial to the decision. She said acceptance of the new legislation is optional and
indicated several jurisdictions have decided not to adopt a new ordinance but continue to
prohibit this type of communication. She said if the City Commission decided to permit
this communication, a form would have to be developed
Consensus was to allow only written communications copied to all Commissioners
and parties of interest. The City Attorney recommended individual Commission members
be responsible for sharing communications received at the office or home.
The Mayor questioned when the legislative report would be discussed. Staff is
preparing a summary of how the legislation impacts Clearwater. The review will be
scheduled for a Work Session with a light agenda.
Concern was expressed regarding recent changes in the law impacting mangroves.
It was noted the Clearwater Beach Association has requested the City trim the mangroves
on the Causeway. It was noted that mangroves are of greatest value when they reach
maturity.
Consensus was to not trim the mangroves of the Memorial Causeway. It was
recommended that Tom Miller review plans for a mangrove ordinance.
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City Manager Verbal Reports
a) Set Budget Sessions & Town Meetinj:!
The City Manager reported Town Meetings had been scheduled in the past
specifically to discuss the budget. She said no Town Meetings were held last year.
Consensus was to schedule no Town Meetings to address the budget.
Budget Work Sessions were scheduled for August 2, 1995 from 1 :00 to 4:00 p.m.
and August 7, 1995 from 1 :00 to 4:00 p.m.
Jollev Trollev reQuest to use Building #311
The City Manager said the Janey Trolley has expressed an interest in using a metal
storage building by the City Hall Annex for a vehicle maintenance facility. Maintenance is
now being performed by private contractors. She said the Jolley Trolley would need to be
responsible for environmental concerns and noted all structures on the property will be
demolished within a year, She said Building Maintenance would have to dispose of the
items currently stored in the shed.
Concern was expressed regarding the Jolley Trolley establishing a new facility on a
short term basis. Consensus was for staff to look for an alternate facility for Jolley Trolley
to use.
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The City Manager referred to a request that the City purchase property abutting
Beckett Lake at the corner of Belcher Road and Montclair. She said the City's
comprehensive plan does not indicate a need for additional park facilities in that section of
the City. It was noted the property is listed for mora than double its appraised value. It
was suggested the County would not approve a request to increase the permitted density.
Consensus was there is no justification to purchase the property.
Er2QQsed sidewalks on University Drive South and West
City Engineer Rich Baier said, as part of the City's sidewalk program, Clearwater
has proposed to put in sidewalks on one side of the street after receiving complaints
regarding a lack of sidewalks. He indicated the neighborhood, between Clearwater High
School and Oak Grove Middle School, needs sidewalks for children to use when walking to
school. He said he has spoken the to person who walked around the petition against the
sidewalks and still recommends the project. Mr. Baier noted 37 of 45 homes indicated
they did not want sidewalks.
It was felt sidewalks are needed for all ages. Concern was expressed that the
neighborhood opposes the plan. Mr. Baier indicated the right-of-way belongs to the City
and Clearwater has offered to move trees and sprinkler systems. It was suggested that
neighborhood traffic issues be reviewed after school starts.
...."
\....,.J
The consensus was to delay a decision until a traffic study is completed in the fall.
Board Recommendations
The City Manager said a letter received from the Parks & Recreation Board includes
concerns expressed by other boards. She said staff will meet to develop a procedure to be
certain the City Commission is aware of boards' recommendations when making decisions.
It was noted most of the City's boards are advisory in nature. It was suggested
similar recommendations go to the Budget Advisory Committee before being presented to
the City Commission. The City Manager said staff will submit the advisory boards'
recommendations to the City Commission when an ordinance is being considered. It was
felt board members' powers and duties, as listed in the present ordinance, are broad
enough.
Gun Show Policv
The City Manager reported there has been a request for a gun show at the
Harborview Center. She indicated the City Commission has done nothing to amend its
policy prohibiting such shows in City facilities. Concern was expressed regarding gun
sales at gun shows. The City Attorney reported Tampa lost a recent court case that
decided State laws preempt local ones. She said gun dealers must be licensed but some
categories of guns are exempt from licensing requirements.
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1t was suggested tha,t variable rates for occupational licenses could discourage gun
sales. The City Attorney said an ordinance has been proposed to provide the Harborvlew
with an annual blanket license to cover al! presenters. She did not think the City could
charge an exorbitant fee for a particular business and indicated the City could not stop the
sales of guns and gun shows. It was noted the three-day waiting period will stop direct
sales.
Consensus was to try to limit gun sales at gun shows. The City Attorney noted
State law governs gun sales.
Consensus was to rescind the current policy on the consent agenda for Thursday.
Direction reoarding the East End
The City Manager requested confirmation of CRA direction for CRA Executive
Director Peter Gozza to aggressively market the East End property. It was suggested that
the City raze the gallery and chiropractor's office and erect a large sign declaring the
property for sale. The City Manager indicated staff has requested quotes for the razing.
Commission Discussion Items
Convention and Visitor's Bureau Tourist Tax
Commissioner Thomas referred to his letter to County Commissioner Steve Seibert
stating that no one disagrees the City has been shorted on the investment of tourist tax
funds in Clearwater. It was suggested that the City work with the Chamber of Commerce.
Commissioner Thomas recommended the City Commission formally request the Convention
and Visitor's BUreau (eVB) reimburse Clearwater for a minimum of two-thirds of the cost
of the Harborview Center. He noted no research projects were completed regarding the
baseball dome. He felt it was a violation of law to hold different municipalities to different
sets of standards. It was suggested that the proposal be positive. Commissioner Thomas
said after County Commissioner Rainey disregarded staff's outstanding proposal and
demanded a site specific study which was not complete enough for CVB satisfaction, he
removed the item from the agenda. Commissioner Thomas suggested the City request
funds from this board and felt they had a moral and legal commitment to consider the
request.
Mr. Baker said staff could provide more accurate figures regarding how much of the
building is dedicated to the convention center. It was noted the convention center has
been constructed and will be operated for tourists. It was questioned if the eve can grant
funds for reimbursement. The City Attorney said she would make certain statutory
requirements allow this request.
Consensus was to go forward with this recommendation.
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Other Commission Action
G9mmissioner Johnson questioned jf any programs could move forward now that
the State rejected Clearwater's plan for an Enterprise Zone. Ms. Rice said staff is working
on a plan for next year and will be bringing the exciting details to the City Commission
soon.
Commissioner Johnson expressed concern that problems persist with the soup
kitchen. He questioned if the agency could be declared a nuisance if problems continue. It
was noted the soup kitchen has plans to expand. The City Manager indicated concerns
the City Attorney had with the plan Chief Klein had brought forward. She said staff has a
trip scheduled to Orlando to see how they handle this situation.
It was suggested the police would have more power if the soup kitchen is declared
a nuisance. The City Attorney indicated the soup kitchen would be shut down if the
courts declare it a nuisance. Concern was expressed that agencies should work toward
mainstreaming charitable cases. The City Attorney will come back with information on the
requirements and methods for dealing with the soup kitchen.
Commissioner Johnson referred to the offer for large a bronze statue in Clearwater.
He wanted to go on the record that the City did not want it.
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Commissioner Johnson referred to a letter regarding Time Warner's promotion of
"filth" on compact disks. He questioned if the City could pressure the company. It was
suggested that the City pass a resolution regarding the City's opposition to the promotion
of objectionable material and forward it to Time Warner.
The consensus was to develop a resolution.
Commissioner Johnson expressed concerns regarding C~View 35. He noted the
same people send in information regarding the station. He felt the station is doing a good
job for the short time it has been in business. It was indicated the station could do more
with a larger staff. Ms. Rice said three focus groups have been surveyed to establish a
baseline of what people think about the station. She said she was really proud of the
station's staff and indicated staff tries to address all concerns. It was suggested that
Channel 35 be promoted. Ms. Rice agreed and noted Channel 9 should be doing some
promotion. She indicated she would present a full report to the City Commission.
Commissioner Berfield expressed concerns regarding the Carpenteri case and noted
the City lost because procedures did not specify when he was no longer an employee. Ms.
Rice said staff is addressing those issues.
Commissioner Berfield requested on update on the Ice House.
Commissioner Berfield requested permission to participate in the Chamber's Phillies
Appreciation trip to Philadelphia. Consensus was that it was OK for her to go.
....J
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,~ CdommissifonerhThbomshs refderredidtho a n,ewh dProforma reeehivei d fromf AI .LijecWSki Oin ~he
'...,.,1 propose tower or t e eae an sa e WIS e to reopen t e ssue or City omm sSlon
. review. Commissioner Johnson 'and Mayor Garvey indicated they did not want to
reexamine the Issue. The City Manager said staff met with Mr. Lijewski regarding an
option where the City is not a partner. Commissioner Thomas said his proposal calls for
leasing City land for S piece of the action. He felt the tower would help tourism.
The majority of the Commission agreed to a presentation of the issue during the
August 14 Work Session.
Mavor Garvev referred to the sign amortization update and suggested the list be
limited to the signs that have not complied.
Mavor Garvev referred to the request to allow package sales at the Marina
restaurant and noted the City Commission had previously turned down the request.
Consensus was to not allow package sales there.
Commissioner Thomas suggested permitting beer sales at the new Pier 60
concession stand will make the stand more valuable. It was suggested that would take
business away from other beach merchants.
The majority of the Commission decided not to pursue this suggestion
,0
Adjourn
The Commission adjourned at 5:01 p.m.
;....)
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