06/06/1996 (2)
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COMMISSION
City Commission Minutes
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ACTION AGENDA - CLEARWATER CITY COMMISSION MEETING
Thursday, June 6, 1996 - 6:00 P.M. - Chambers
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1 . Invocation
2. Pledge of Allegiance
3. Service Awards
4. Introductions and Awards
1. Rev. Otis Green. Everybody's Tabernacle.
2. Mayor.
3. None.
4. Proclamation:
Toastmaster Day - 6/6/96
5. a) Reported on legislative issues. Made
suggestions re location of reclaimed water
tanks at Marshall Street WPC Plant.
b) Report received.
c) Funding request agendaed for 6/20/96
5. Presentations:
a} Senator Latvala
b} NAHAB - Annual Report
c) Bruce Kaufmann -'Clearwater Bombers -
request reapproval of 10/1 matching grant
money
Plaque presented by Stetson University
College of Law for City's continuing support
of the University's Government Law Clinic.
American Gas Cooling Center Rising Star
Award presented for Gas System's sales of
gas air conditioning systems.
6.
Approval of Minutes - Regular Meeting
5/1 6/96 & Special Meeting 6/3/96
(attorney/client)
6. Approved 6/3/96 as submitted. 5/16/96 as
corrected by City Clerk.
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7. Citizens to be heard re items not on the Agenda
Anne Garris announced Kid's Week - 6/1 O~ 14196
Shirley Moran expressed appreciation for C-View schedule being available at information booth at City
Hall.
Lucius Pitts. Mohammed Abdur-Rahim. Deborah Turner. Lois Lowery. Cherry Harris & Columbus
Bridge~ spoke in opposition to the reclaimed water tank proposed at Marshall Street WPC Plant.
Requested more attention be given to the desires of the North Greenwood community.
Deonis Henegar requested redevelopment efforts include the area east of Myrtle Avenue which also
pays the DDS tax.
Shelia Cole requested the pool on Clearwater beach be replaced as promised.
PUBLIC HEARINGS
8. Public Hearing & First Reading Ords. 116036~
96 & #6037-96 - Annexation & RS-8 Zoning
for property located at 2275 Manor Blvd. N.,
Clearwater Manor. Lot 85 (McClure, A96-20)
8. Approved. Ords. #6036-96 & #6037-96
passed 1 st reading.
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,--",\9. Public Hearing & First Reading Ords. #6040-
! 96 & #6041-96 - Annexation & RS-B Zoning
for property located at 2192 Dell Ave.. Pine
Dell Sub.. Lot 2 (Cruz, A96.18)
10. Public Hearing & First Reading Ords. #6042-
96 8& #6043-96 - Annexation & RS-8 Zoning
for property located at 1517 W. Virginia
Lane. Virginia Groves Estates 1 st Addition.
Blk 10. lot 2 (Wyllie, Jr. I Knox-Bronson,
A96-17)
11. (Cont. from 5/16/96) Public Hearing & First
Reading Ord. #6046-96 - Granting to GTE
Media Ventures Inc. the permission to occupy
municipal streets and rights-of-way in the
City of Clearwater as a means of providing
cable television services; prescribing the
terms and conditions accompanying the grant
of franchise; and prescribing penalties for the
violation of its provisions; providing for
severability of provisions
1 2. (Cont. from 3/21, 4/18 & 5/2/96) Public
Hearing & First Reading Ords. #5989-96 &
#5990-96 - Land Use Plan Amendment to
Commercial General & CG Zoning for
(,;) property located at 401 S. Belcher Rd.. Sec.
'18-29-16, M&B 23.11 (Gerry Staring I
Natalie Moyles. Trustee, LUP96-0 1, Z96-02)
13. Se((ond Reading Ord. #6029-96 - RPD-16
Zoning for property located approx. 700'
North of Gulf to Bay Blvd. & 350' East of
Cambridge Dr.. Storz Ophthalmic. Inc.. Park
Place DRI. lot 2 (less portion zoned
Preservation) & Lot 3; approve Final Site Plan
for the Grand Reserve subject to conditions
(Storz Ophthalmics. lne., Z96-03)
14. Public Hearing & First Reading Ords. #6032-
96 & #6033-96 - Land Use Plan Amendment
to Institutional & PISP Zoning for property
located approx. 330' east of Greenwood
Ave., Georgas Sub.. Lots 5-10, Sec. 22-29-
15, M&B 21.05 (School Board of Pinellas
County / Fusco Management Corp. I Property
Capital Trust, LUP96-03, Z96.05)
15. Public Hearing & First Reading Ords. #6034-
96 & #6035-96 - Land Use Plan Amendment
to Institutional & PISP Zoning for property
located at 1142 lakeview Dr., Sec. 22-29-
'~6/6/96
9. Approved. Ords. #6040-96 & #6041-96
passed 1st reading.
10. Approved. Ords. #6042-96 & #6043-96
passed 1 st reading.
11. Approved. Ord. #6046~96 passed 1 st
reading.
12. Approved. Ords. #5989~96 & #5990-96
passed 1st reading.
13. Ord. #6029-96 adopted. Final Site Plan
approved subject to conditions.
14. Approved. Ords. #6032-96 & #6033~96
passed 1st reading. '
15. Approved. Ords. #6034-96 & #6035-96
passed 1 st reading.
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15. M&B 21.10 (School Board of Plnellas
County / Plnellas Board of Public Institution,
LUP96-02, Z96~04)
16. Public Hearing & First Reading: Ord. #5962-
.96 - LDCA amending Div. 26 of Ch. 40, to
provide for revised development standards in
the Urban Center District & Ord. #5964~96 ~
Zoning Amendments for Downtown Urban
Core districts (LDCA95-20, Z96-01)
17. Variance(s) to Sign Regulations for property
located at 1295 S. Missouri Ave.. F.E.
Hanousek's Sub., part of Lots 11 & 12
(Albertsory's Inc.. SV96-09)
1 6. Continued to 6/20/96.
17. Approved variance of 1 wall sign to allow 4
wall signs.
Public Hearing - Second Reading Ordinances
18. Ord. #6013~96 - amending Sec. 35.11, to 18. Ord. #6013-96 adopted.
revise definition for variance (LDCA96-04)
19. Ord. #6023-96 - approving new gas utility 19. Ord. #6023-96 adopted.
rates to become effective for all billings
rendered on or after 10/1/96, and
incorporating subsequent changes to become
effective for billings rendered on or after
, 10/1/97
I '''')20. Ord. #6024-96 - Annexation for property 20. Ord. #6024-96 adopted.
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, located at 1500 Stevenson Dr., Stevenson's
Heights Sub., Blk A, Lot 27 (Baker &
Williamson Enterprises, Inc., A96-15)
21. Ord. #6025~96 - CG Zoning for property 21. Ord. #6025-96 adopted.
located at 1500 Stevenson Dr.. Stevenson's
Heights Sub., Blk A, Lot 27 (Baker &
Williamson Enterprises, Inc.. A96-15)
22. Ord. #6026~96 - Annexation for property 22. Ord. 1/6026-96 adopted.
located at 2730 Curlew Rd., Sec. 17-28-16,
M &8 31 .03 IBurke, Trustee, A96-16)
23. Ord. #6027-96 - RM-8 Zoning for property 23. Ord. #6027-96 adopted.
located at 2730 Curlew Rd., Sec. 17-28~ 16,
M&B 31.03 (Burke, Trustee, A96-16)
24. Ord. #6030~96 - providing authority to issue 24. Ord. #6030-96 adopted.
bonds to refund the outstanding Gas System
Revenue Bonds, Series 1991
25. Ord. #6031-96 - Amending Sec. 2.323 to 25. Ord. #6031-96 adopted.
change composition of Parks and Recreation
Board from 9 to 7 members
26. Ord. #6047-96 ~ Amending Sec. 2.700 r8 26. Ord. 1/6047-96 adopted.
lobbyist ordinance to delete department
directors from definition of staff
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CITY MANAGER REPORTS
CONSENT AGENDA (Items #27.42) - Approved as submitted.
The following items require no formal public hearing and are flubject 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.
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27. Approve request for authority to settle liability claim of Spottis Woode Homeowners Association,
Inc., for damages to a brick wall that was damaged when struck by a City solid waste vehicle. for
$27,859 (FN)
28. Pipeline Crossing Agreement with CSX Transportation, Inc., Jacksonville. FL. in order to secure a
natural gas easement across CSXT's r.o.w in Safety Harbor, FL. for $1,225 (GAS)
29. Seventh Amendment to Clearwater Ferry Service, Inc. License & Agreement to amend the
minimum routing schedule to have operation of ferry service on an as.need and on-call basis (MR)
30. Purchase of city-wide dictation system from Dictaphone Corp., for $33.158.30; authorize transfer
of $33,158.30 from Police Department Debt Services Code to Police Department Capital
Machinery and Equipment Code lPO)
31. Contract Renewal with Martin's Uniforms. Tampa. FL. for purchase of Police Dept. uniforms &
related equipment, for the period 7/18/96.7/17/97. at an amount not to exceed $85,000 (PO)
32. Contract amendment with PSI International, Inc., Fairfax, VA, for purchase of 66 additional Fujitsu
laptop personal computers & related components for $297,726; and Contract to Dell Computer
Corporation for 30 Oel1 desktop personal computers & related components, for $75,111, plus
annual maintenance of $31.848 to begin 1 year following acceptance, for a total of $404.685
(PO)
33. Contract for private street sweeping services to Sweeping Corporation of America, Nashville, TN,
for the period 1 0/1/96w9/30/99. subject to annual fund availability, for a total of $383,940 lPW)
34. Second Amendment to lease Agreement dated 12/2/94 with the Times Publishing Company.
amending lease premises to include additional lands in Blk B. Magnolia Park Sub.. requiring
protective fencing for a storage building, but no additional monthly rent; and extending lease term
3 months through 3/31/97, with all other lease provisions unchanged (EN)
35. C.O.#3 to 1996 Underdrain Contract to Keystone Excavators. Inc.. Oldsmar, FL, re Chestnut
Street & Garden Avenue Storm Improvements, increasing the amount by $138,975.09 for a new
total of $759,625.97 and extending the contract time by 40 days (EN)
36. Approve ranking & award contract for consultant services to Tampa Bay Engineering. Inc..
Clearwater. FL, for design of watershed rehabilitation project at Hercules Avenue & Allen's Creek,
for $200.000 (ENt
37. Receipt/Referral. LDCA relating to density and the requirements for calculations resulting in a
fraction (LDCA96-14) (CP)
38. Receipt/Referral - LDCA allowing car rental uses as a conditional use in the Beach Commercial &
Resort Commercial 28 Districts; identifying standards for approval of car rental uses in those
zones. specifying that conditional use applications for outdoor displays must be compatible In
scale & appearance with surrounding uses to be approved, and deleting requirement for a
minimum lot size of 30.000 sq. ft. for outdoor retail sales. displays andlor storage uses in Infill
Commerical Districts (LDCA96-131 (CPI
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,,' ,39. Sanitary sewer lien agreement - 2275 N. Manor Blvd.. Clearwater Manor Sub.. Lot 85 (McClure)
f (CA)
40. Drainage installation and maintenance easement - 14 S. Arcturas Ave., Skycrest Sub., Unit 6. Blk
A, Lot 4 (Wesley and Louise Pope) leA)
41. 10' Natural G as Utility Easement and Ingress and Egress Easement - 3160 McMullen Booth Rd..
tract of land lying in Sec. 21-28-16 (McCullough Development Corporatlonl (CA)
42. 10' Natural Gas Utility Easement and Ingress and Egress Easement - 3160 McMullen Booth Rd..
tract of land lying in Sec. 21-28-16 (James & Marlene McCullough) (CA)
OTHER ITEMS ON CITY MANAGER REPORT
43. Res. #96-29 - releasing Hens on Sand Key
properties that have prepaid the Power pne
Burial Special Assessment in full, at a cost
not to exceed $2,500 (FN)
44. Res. #96-44 - providing for public sale of not
to exceed $9.750,000 Gas System Revenue
Bonds, Series 1996A and $8,500.000 Gas
System Revenue Refunding Bonds. Series
1 996B (FN)
45. First Reading Ord. #6048-96 - relating to sale
of petroleum products; amending Sec.
33.031 to identify locations for sale of
petroleum products at Clearwater Marina;
allowing only fully qualified vendor, approved
by City Manager and under an annual fuel
contract with the City, to provide petroleum
products sold at Clearwater Marina (MR)
46. (Cant. from 5/16/96) Hire 2 full-time police
service technicians to provide guard service
for the Main Librarv & surrounding Coachman
Park area for 70 hours per week, to be
effective 8/1 5/96. when contract with
National Building Maintenance, Inc. expires
(LIB)
47. Completion of Harvorview Center: approve
$498.000 expenditure needed for completion
of redefined center, and consider itemized list
of possible betterments which, if approved in
its entirety. will require an additional
authorization of $266,500; approve interfund
loan of $498.000 (or $764.500 with
betterments~ from Central Insurance Fund,
bearing interest at cash pool rate, to be
repaid from Penny for Pinellas collections in
FY 1999 (CM)
48. Beautification Committee - 2 appointments
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43. Approved. Res. #96-29 adopted.
44. Approved. Ress. #96-44 adopted.
45. Approved. Ord. #6048M96 passed 1 st
reading.
46. Approved.
47. Continued to special meeting on 6/14/96 at
9:00 a.m.
48. Appointed Nancy Aft & Robert Sudalnik.
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~9. Community Relations Board - 1 appointment
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50. Other Pending Matters
49. Appointed Johnny Long.
50. None.
CITY ATTORNEY REPORTS
51. Resolutions
a) Res. #96-41 - Assessing property owners
the costs of having mowed or cleared
owners' lots
b) Res. #96-43 ~ Demolition Lien - 705
Pennsylvania Ave.. Pine Crest Sub.. Blk 7.
Lot 9 (Obadiah and Lillie Mae James)
c) Res. #96-46 - Approving in concept a plan
to lend $900,000 to the CRA to facilitate
the development of a Winn-Dixie Store in a
downtown Clearwater location to be
owned by Clearwater Neighborhood
Housing Services
52. Other City Attorney Items
53.
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51. Resolutions
a) Res. #96-41 adopted.
b) Res. #96-43 adopted.
c) Res. #96.46 adopted.
52. None.
City Manager Verbal Reports
a) Change of Date for Del Oro Park Ribbon Cutting - Date will be rescheduled once park is
official1y named.
b) Florida League of Cities - attendees ? - City Manager requested those planning to attend the
8/8-10/96 FLC conference notify staff.
c) Legislative Issues - Direction to send thank you to Governor for veto of property appraiser bill;
letters to Federallegis'ators opposing selling of spectrum radio frequencies and cutting of Block
Grant funding.
Other Commission Action
Johnson questioned status of North Greenwood Community Task Team. Deputy City Manager
reported meeting on 6/12/96 with current members; additional names will be brought forward
after the meeting.
He questioned Clearwater Festivals request for additional funding. City Manager stated that will
come forward at next meeting.
He congratulated Commissioner Seel on nice article.
Hooper expressed concern re only 3 members of the Development Code Adjustment Board
(OCABI attending the last DCAB meeting.
He expressed appreciation for the Safety Luncheon and acknowledged the many employees
recognized for their excellent safety records.
Q.ark said he will be unable to attend the FLC conference.
He welcomed the City Attorney as a new Clearwater resident.
Garvey announced Marlo Boulevard meeting to be held 6/19/96.
,
54.
55. Adjournment - 10:23 p.m.
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CITY COMMISSION MEETING
CITY OF CLEARWATER
June 6, 1996
Present:
Rita Garvey
J. B. Johnson
Robert Clark
Ed Hooper
Karen Seel
Elizabeth M. Deptula
Kathy S. Rice
William C. Baker
Pamela K. Akin
Scott Shuford
Rich Baier
Cynthia E. Goudeau
Patricia O. Sullivan
Ma yor/Commissioner
Vice-Mayor /Commissi oner
Commissioner
Commissioner
Commissioner
City Manager
Deputy City Manager
Assistant City Manager
City Attorney
Central Permitting Director
Engineering Director
City Clerk
Board Reporter
The Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation was
offered by Reverend Otis Green of Everybody's Tabernacle. The Mayor led the Pledge of
Allegiance.
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To provide continuity for research, items are in agenda order although not necessarily
discussed in that order.
ITEM #3- Service Awards - None.
ITEM #4 - IntroduCtions and Awards
Proclamation:
Toastmaster Day - June 6, 1996
ITEM # 5- Presentations
a) Senator Latvala
Senator Latvala represents' Pinellas and Pasco counties and said he is involved in
the "water wars.1I He tried to find an equitable solution and stated the legislature passed
the first meaningful water policy legislation in many years: 1) provides scientific peer
review of SWFWMD (Southwest Florida Water Management District) and other water
management districts; 2) provides Governor with line item veto of water management
district budgets; and 3) requires water management districts to complete framing of fixed
flows in affected area within 18 months. Local governments can petition the FOE? (Florida
Department of Environmental Protection) to complete the water flow evaluation and charge
the associated water management districts if this work is not completed on time.
Senator Latvala said the legislature addressed employee pensions and benefits. He
reported the bill to expand the chapter plans for fire fighters and police officers passed the
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....... House but not the Senate. S8 (Senate Bill) 126 to continue insurance benefits for fire
fighters and pollce officers who are totally disable in the line of duty passed. He said the
bill was amended to tightly define the circumstances in which that is invoked.
Senator Latvala said the library bill provides libraries with the ability to prosecute
those with overdue library material. He said the law has had a very positive effect even
though no one yet has been prosecuted. Libraries are reporting large returns of overdue
materials. He said the transportation bill was passed that advances money communities
spent on transportation projects when the projects appear on a work schedule. He
cautioned a fairly long list of communities requesting reimbursement already exists. He
noted FOOT (Florida Department of Transportation) feels the existing Memorial Causeway
Bridge can handle many more years of service. He will work on this issue
Senator Latvala said he now represents the North Greenwood neighborhood and
noted citizen complaints regarding the proposed location of the tank. He suggested
placing the tank in the corner of the Marshall Street A WT Plant property where it would be
obscured by vegetation and realigning the football field so it can be viewed by neighboring
homes instead. He also recommended the City consider locating the proposed laboratory
building on another site to minimize construction at the Marshall Street property. He noted
the City Commission must make the best decision based on available information. He will
continue to be active in the North Greenwood area.
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Mayor Garvey thanked the Senator for his work on behalf of Clearwater and his
input of local issues. She noted local governments represent the same constituents he
does. Commi,ssioner Hooper thanked the Senator for being accessible.
b) NAHAS - Annual Report
NAHAB (Neighborhood & Affordable Housing advisory Board) members introduced
themselves. Shirley Moran,. NAHAS Chair, said the board represents Clearwater citizens
regarding the allocation of Federal and State housing and economic development funds.
Funding sources are CDBG (Community Development Block Grants), HOME, and SHIP
(State Housing Initiatives Partnership). The board's evaluation process includes on-site
visits, formal presentations. and review by technical review committee. Every member
evaluates each applicant agency for eligibility, impact. leverage of other funds, past
performances, and objectives. In FY (fiscal Year 1995/96, the City received $2.2-million
from all sources for allocation. Meetings are broadcast on C-View TV. Subgrantees are
allocated 15 minutes at each meeting to make presentations. She listed the subgrantees
who reported to NAHAB last year.
NAHAS will review the economic and housing portion of the City's comprehensive
plan. The board has accepted the lead agency role for citizen participation in uBrownfield"
redevelopment. NAHAS hosted focus groups regarding housing, economic development,
homelessness, and special population needs. All subgrantees will appear before the board
next year. The board also will host two neighborhood focus groups.
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06/06/96
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......., Ms. Moran expressed concern programs for housing and economic development
face cuts in the Federal and State budget. She encouraged the City to explore alternative
funding sources. Ms. Moran thanked the City Commission for the opportunity to serve the
City. The Mayor thanked NAHAB members for their time and commitment.
c) Bruce Kaufmann - Clearwater Bombers - request reapproval of 10: 1 matching grant
money
Bruce Kaufmann, Chair of the Clearwater Bombers Board of Directors, made his
annual request for a 10: 1 matching grant. He said the grant is an incentive for the
Bombers to gain corporate sponsors. He said the Bombers have never had a losing season.
Mr. Kaufmann reported many team members currently are attending the annual Blue/Gray
tournament in Alabama. He said the Bombers provide exciting entertainment and attract
tourism. He thanked the City for its support. He said this is his third year in the 10 years
he anticipates it will take to rebuild the team. He distributed financial records to the City
Commission.
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Mr. Kaufmann predicted one day the team will be self-supporting but needs a little
more help from the City. The Bomber's annual budget is $150,000. He requested an
additional year of grace to continue building donations from the current $82,000. He said
the Bombers do fund raising for other charitable organizations such as Jerry's Kids, etc.
with the Tampa Bay Buccaneers and Lightning. He reported the Bombers Bre trying to
gather resources to reduce expenses and indicated the team is being frugal. Two pitchers
now stay in a home provided by a winter resident. The Mayor said the team does an
excellent job and indicated she is a long-time supporter. She noted the request for a 10: 1
grant is for FY 1995/96. Mr. Kaufmann indicated the team already received a $10,000
City contribution. The City Manager said the current match of $2,407 is not budgeted.
Commissioner Clark referred to guidelines outlined in City Commission Rule 12. The
City Attorney agreed no Commission action on expenditures is permitted unless the item
has been agendaed with appropriate support materials. Mr. Kaufmann said he earlier
provided the materials to Parks & Recreation Director Ream Wilson.
Consensus was to agenda this item for the June 20, 1996, meeting.
Plaque for continuing support the City has provided to Stetson University College of Law
Civil Government Law Clinic presented by Gary Vause. Associate Dean, Stetson University
College of Law
Gary Vause, Associate Dean, Stetson University College of Law, expressed his
gratitude for the unique public/private arrangement Stetson College of Law has with the
City. He is proud of the school's graduates, including the City Attorney. He stated the
school has an outstanding faculty. .
Steve Eberheart said Stetson College of Law is the top law school in the country in
trial and advice and indicated the civil government law clinic is the program's "lynch pin.n
He felt the school could not have reached this level of excellence without mentoring from
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06/06/96
ITEM #7 - Citizens to be heard re items not on the AQenda
-"". the City's legal department. He acknowledged the City Attorney and presented a plaque
to the Mayor. The City Attorney said the program is valuable for the City. She
appreciated the students who worked with the City.
American Gas Cooling Center Rising Start Award
Clearwater Gas Managing Director Chuck Warrrington said the City was presented
the national award for top sales of gas air.conditioners. He said the second place winner,
the City of Philadelphia, is three times larger than Clearwater Gas. He presented the
award to the City Commission.
ITEM #6 - Aooroval of Minutes
Commissioner Johnson moved to approve the minutes of the regular meeting of
May 16, 1996, as corrected by the City Clerk and the special meeting of June 3, 1996, as
recorded and submitted in written summation by the City Clerk to each Commissioner.
The motion was duly seconded and carried unanimously.
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Anne Garris reported Kid's Week is scheduled for June 1 0 M 14, 1996. The event
began as a grass roots project to demonstrate Clearwater beach is a family place with
many children's activities. She noted the Parks & Recreation Department has been helpful
and the Library is sponsoring a shell craft program. She said the schedule includes a long
list of activities for families on Clearwater beach. She thanked the City and indicated help
is needed with the Funky Fashion Show. The fee for the week is covered by a $1
purchase of a Kid button.
Shirlev Moran noted C-View TV's schedule is not always printed in the St.
Petersburg Times. She reported the schedule is now available at the information desk and
appreciated the solution.
Lucius ~ said the City plans to spend money on the Memorial Causeway and has
spent money on the Harborview Center. He noted Commission support of waterfront
development. He suggested the Commission would raze the Harborview Center if they are
serious and innovative. He said he was puzzled by staff and Commission comments that
minimizing the Memorial Causeway1s aesthetic impact on the waterfront was worth a few
million dollars. He noted the City was not concerned about aesthetic impacts on the North
Greenwood neighborhood when they chose to locate a water tank there. He said the
grantors funding the water tank do not care where it is located. He indicated the City did
not expand a blighted area for low income housing when citizens objected. He stated the
North Greenwood neighborhood will not allow the water tank to be constructed there.
Muhammad Abdur-Rahim said he supports Senator Latvala's comments. North
Greenwood supports neighborhood concerns. He expressed alarm Clearwater has turned a
deaf ear to the community. He noted North Greenwood residents vote.
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06/06/96
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-" Debra Turner said the North Greenwood Stands organization will promote
community consensus and include one member from each neighborhood organization to
communicate with City government regarding concerns about expanding the Marshall
Street AWT Plant; traffic patterns, renaming North Greenwood Avenue to Martin Luther
King Jr. Avenue, etc. She complained the vote regarding the water tank's location did not
need to occur until October 1, 1996. She said past usage of the Marshall Street property
resulted in contamination problems and claimed excessive contamination exists by Phillip
Jones park. She said clear reqords regarding the current site do not exist. She said
residents are not "raving lunatics" but concerned citizens, concerned about the future.
She Questioned if the EPA is aware of spills at the Marshall Street AWT plant.
Lois Lowerv noted resident outrage with plans to declare a neighborhood a blighted
slum resulted in the declaration not being done. She said in May 1996, the City
Commission voted to place a waste water tank in the neighborhood despite angry protests.
She suggested a one time $23.88 fee for every home would cover the $900,000 expense
to move the tank elsewhere. She is willing to pay extra to locate the tank outside her
neighborhood.
Cherry Harris said the City does things for other parts of Clearwater. She noted
residents love their Greenwood community. She recommended the City Commission
relocate the tank and help North Greenwood residents.
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Columbus Bridaes questioned why Island Estates' residents refuse to accept the
tanks. He questioned if others would like the City locating an offensive facility in their
neighborhood. He said all have to account to God and said all residents should be on level
ground. He requested the Commission consider appeals from the North Greenwood
community.
Dennis Heneaar said the stuff that comes out of Stevenson's Creek ends up in his
back yard. He said little is done for the area East of Myrtle Avenue although that area
pays the same taxes as other downtown property owners. He complained the DDB
(Downtown Development Board) spends money on office personnel and advertising and
nothing for the area East of Myrtle Avenue.
Sheila ColE!: said in August 1994, the City Commission promised to replace the
Clearwater beach pool within two years. She expressed concern the pool's priority is 20
out of 22. She noted there is no public swimming pool on the beach. Hotels without
pools would appreciate one.
PUBLIC HEARINGS
ITEM #8 - Public Hearina & First Reading Ords. #6036-96 & #6037-96 - Annexation & RS-
8 Zoning for property located at 2275 Manor Blvd. N., Clearwater Manor, Lot 85 (McClure,
A96-20) ,
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'" The applicant has requested annexation and proposed zoning of Single-Family
Residential "Eightt' for 2275 Manor Blvd. N. to obtain sewer service. On May 21, 1996,
the Planning &. Zoning Board unanimously endorsed the request.
Commissioner Johnson moved to approve the Petition for Annexation and Zoning
Atlas Amendment to Single-Family Residential "Eight" (RS-S) for 2275 Manor Boulevard
North, Lot 85, Clearwater Manor. The motion was duly seconded and carried
unanimously.
The City Attorney presented Ordinance #6036-96 for first reading and read it by
title only. Commissioner Clark moved to pass Ordinance #6036-96 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel and Garvey.
"Nays": None.
The City Attorney presented Ordinance #6037-96 for first reading and read it by
title only. Commissioner Hooper moved to pass Ordinance 1/6037-96 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson. Clark, Hooper, Seel and Garvey.
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"Nays": None.
ITEM #9 - Public HearinQ & First Readina Ords. #6040-96 & #6041-96 - Annexation & RS-
S Zoning for property located at 2192 Dell Ave., Pine Dell Sub., Lot 2 (Cruz, A96-1S)
The applicant has requested annexation and proposed zoning of Single-Family
Residential "Eight" for 2192 Dell Avenue to obtain sewer service. On May 21. 1996, the
Planning & Zoning Board unanimously endorsed the request.
Commissioner Johnson moved to approve the Petition for Annexation and Zoning
Atlas Amendment to Single-Family Residential "Eight" (RS-8) for 2192 Dell Avenue. Lot 2.
Pine Dell Subdivision. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #6040-96 for first reading and read it by
title only. Commissioner Clark moved to pass Ordinance #6040-96 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes"; Johnson, Clark, Hooper, Seel and Garvey.
"Nays"; None.
The City Attorney presented Ordinance #6041-96 for first reading and read it by
title only. Commissioner Hooper moved to pass Ordinance 116041-96 on first reading. The
motion was duly seconded and upon roll call, the vote was:
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"Ayes": Johnson, Clark, Hooper, Seel and Garvey.
"NaysU: None.
ITEM #1 0 - Public Hearing & First Readina Ords. #6042-96 & #6043-96 - Annexation &
RS~8 Zoning for property located at 1517 W. Virginia Lane, Virginia Groves Estates 1 st
Addition, Blk 10, Lot 2 (Wyllie, Jr. I Knox-Bronson, A96-17)
The applicant has requested annexation and proposed zoning of Single-Family
Residential "Eightl' for 1517 W. Virginia Lane to obtain sewer service. On May 21, 1996,
the Planning & Zoning Board unanimously endorsed the request.
Commissioner Johnson moved to approve the Petition for Annexation and Zoning
Atlas Amendment to Single-Family Residential UEighf' (RS-8) for 1517 West Virginia Lane,
Lot 2, Block 10, First Addition, Virginia Grove Estate. The motion was duly seconded and
carried unanimously.
The City Attorney presented Ordinance #6042-96 for first reading and read it by
title only. Commissioner Clark moved to pass Ordinance #6042.96 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel and Garvey.
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"Nays": None.
The City Attorney presented Ordinance #6043-96 for first reading and read it by
title only. Commissioner Hooper moved to pass Ordinance 116043-96 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel and Garvey.
"Nays": None.
ITEM #11 - (Cont'd from 05/16/96) Public Hearing & First Readina Ord. #6046-96 -
Granting to GTE Media Ventures Inc. the permission to occupy municipal streets and
rights-of-way in the City of Clearwater as a means of providing cable television services;
prescribing the terms and conditions accompanying the grant of franchise; and prescribing
penalties for the violation of its provisions; providing for severability of provisions
On January 11, 1996, GTE (GTE Media Ventures, Inc.) submitted an application
and requested a franchise agreement based on State and Federal law. The ordinance
grants the use of City rights-of-way for 10 years. GTE will pay a 5% franchise fee, the
highest allowed by law. This rate can be changed if the law changes or if the City
chooses to change the fee by resolution. Upon signing the franchise agreement, GTE will
pay a grant of $50,000 to reimburse costs incurred by the City for the services and
expenses of granting this franchise or any lawful purpose. Cummtly Court and Cleveland
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'-, Streets have no cable service. In addition to public buildings their system passes, GTE will
serve: 1} the Municipal Services building; 2) Police Department; 3) Main Fire Station; 4)
City Hall; 5) Clearwater Public Library; 6) Harborview Center; 7) Pinellas County Utilities
Building; 8) Pinellas County Courthouse and buildings at 310 Court Street; and 9) Pinellas
County at 440 Court Street.
Appendix A describes the system and will require a state-of-the-art system as
defined in the area. Appendix B describes the general requirements for maintaining the
system. Appendix C describes access channels, equipment, facilities, and services. GTE
will be required to carry the same channels and programming as required of the current
(Time Warner) franchise holder. An additional digital channel will be provided at City
request once GTE provides programming on a digital basis.
GTE initially will pay $67,000 for government access equipment and, at the end of
7 years, will pay $50,000 for equipment. Clearwater will use this money to support and
provide facilities and equipment for government access programming. GTE will pay the
following for public education and government access support: 1) Year 1 - $50,000; 2)
Year 2 - $50,000; 3) Year 3 - $75,000; 4) Year 4 - $75,000; 5) Year 5 - $75,000; 6)
Year 6 - $100,000; 7) Year 7 - $100,000; 8) Year 8 - $100,000; 9) Year 9 - $125,000;
and 10) Year 10- $125,000. Payments will total $875,000. These funds will be used to
support and supplement government and public access in the City program and can be
used for maintenance, programming, and to purchase equipment.
After the 4th year, GTE can request renegotiation of the amounts and manner in
l,,~~} which education and government access is paid if Pinellas County adopts a different model
for programming or if GTE has less than 12,500 subscribers. The City reserves the right
to negotiate, taking into account it may be appropriate to provide support to the City in
addition to any shared costs.
Appendix 0 is the Institution NET and the GTE contribution is included in the
$50,000 grant referenced above. Appendix E is the Customer Service Standards. These
standards are generally consistent with the old Vision Cable standards.
Deputy City Manager Kathy Rice reported staff has not been able to reach an
agreement with Time Warner. She indicated staff is evaluating three new proposals Time
Warner submitted today. She felt staff had made progress in negotiations with Time
Warner on behalf of Clearwater citizens. She felt the agreement with GTE was structured
properly and recommended its passage.
The City Attorney referred to the Ordinance, page 19, and indicated paragraph 3(e)
was deleted.
Commissioner Johnson said he had received a number of calls regarding this issue.
He noted people want competition. He questioned if everything had been brought forward.
Commissioner Hooper questioned if outside attorney Norm Sinel felt the agreement
represents a "level playing field." Mr. Sinel indicated that was the case with a caveat,
noting the City is negotiating with Time Warner and close to reaching agreement. He said
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the question regarding a t'level playing field" will have to be asked again when Time
Warner's renewal is brought forward. In answer to a question, Mr. Sinel said a mechanism
in the agreement allows a franchisee to address the City Commission with claims the
"playing field" is not "level. tt If the franchisee is not satisfied with the outcome, they can
claim the City acted inappropriately.
In answer to a Question, the City Attorney said the City is not bound by
Commission approval of a first reading of an ordinance. She said she would be concerned
if the City Commission never granted GTE a franchise. Ms. Rice did not believe a final
agreement with Time Warner can not be negotiated for approval by the City Commission
meeting by the June 20, 1996, City Commission meeting. She referred to proposals Time
Warner recently submitted and indicated the City's auditor is visiting Time Warner. Staff
has met every schedule requested by Time Warner and will continue making every effort to
reach agreement. The Mayor noted once the City Commission approves this agreement,
the "level playing field" becomes the GTE agreement.
Commissioner Johnson moved to approve the proposed application and franchise
agreement negotiated with GTE Media Ventures, Inc., and that the appropriate officials be
authorized to execute same. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #6046-96 for first reading and read it by title
only. Commissioner See I moved to pass Ordinance #6046-96 on first reading. The motion
was duly seconded and upon roll call, the vote was:
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"Ayes": Johnson, Clark, Hooper, Seel and Garvey.
"Nays": None.
ITEM #12 - (ConCd from 03/21. 04/18 & 05/02/96) Public Headn" & First ReadinQ Ords.
#5989-96 & #5990-96 - Land Use Plan Amendment to Commercial General & CG Zoning
for property located at 401 S. Belcher Rd., Sec. 18-29-16, M&B 23.11 {Gerry Staring I
Natalie Moyles, Trustee, LUP96.0 1, Z96-02)
This item was continued at the request of the applicant from April 18, '1996. to
enable the applicant to provide evidence MHP (Mobile Home Park) residents affected by
this rezoning were notified and that relocation alternatives were identified for these
residents. The applicant has complied according to his letters of March 26, 1996, and
April 15, 1996. Six letters of objection from MHP residents were received. The applicant
has satisfied State resident relocation requirements.
The applicant wishes to rezone the 36-unit MHP located in a developed area just
North of Gulf-to-Bay Boulevard and East of Belcher Road. Staff feals it is appropriate to
redevelop the property to provide community and countywide commercial goods and
services. Surrounding properties have mostly commercial uses, with a medium density
residential use to the East. The subject property is zoned Mobile Home Park (MHP) and
has a land Use Plan Classification of Residential Medium. It is proposed to rezone the
property General Commercial (eG). The applicant has not specified development plans.
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..... Properties to the immediate North are in the County. Staff noted the proposed rezoning
will promote infill development and foster a consolidated commercial corridor.
Central Permitting Director Scott Shuford said staff has reviewed this request and
feels the proposal meets the Standards for Approval and State law related to mobile home
park conversions. Staff research of recent rezonings of non-residential uses indicates
previous applicants had particular uses in mind at the time of the requests. The City has
no control over the particular use of property zoned General Commercial unless a planned
development first is established. He agreed people currently inhabit the property. Mr.
Shuford said this proposed conversion is similar to the one at the R;dgehaven park on US
19N where concerns disappeared as negotiations continued. Staff will come forward later
with suggestions and policies regarding future mobile home park conversions. He reported
staff has not received additional complaint letters since the April 18, 1996, meeting.
Tom Nash, representative of the applicant, said his client is seeking commercial
designation. He said the City Commission needs to determine: 1) if the proposed zoning is
appropriate and 2) if suitable locations exist for existing mobile home owners to relocate.
Mr. Nash said only eight residents own their units. He said the proposed zoning is
appropriate as Belcher Road is a commercial corridor in this area. He felt the change will
improve the entire area. He provided a thumbnail sketch of available parks and reported
118 lots are available within 15 miles and 25 are within 1 mile. Two parks indicated a
willingness to offer relocated units six months free rent. He reported working diligently
with every resident who submitted a letter of objection and stated all objections are
d') resolved. He is looking for alternative accommodations for one 97~year-old resident. The
I, ~". Mayor questioned why only five residents had submitted letters indicating their objections
had been resolved. Mr. Nash said he had reached agreement with one resident who went
North for the summer and cannot be reached. The family of another resident, hospitalized
in critical condition, is amenablo to whatever the applicant can do.
Commissioner Johnson moved to approve the Petition for Future Land Use
Amendment to Commercial General and a Zoning Atlas Amendment to General Commercial
(City Hall) for M&B 23-11 in Section 18-29S-16E. The modon was duly seconded and
carried unanimously.
The City Attorney presented Ordinance #5989-96 for first reading and read it by
title only. Commissioner Johnson moved to pass Ordinance #5989-96 on first reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson. Clark, Hooper, Seel and Garvey.
"Nays": None.
The City Attorney presented Ordinance #5990-96 for first reading and read it by
title only. Commissioner Clark moved to pass Ordinance 1/5990-96 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel and Garvey.
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"Nays": None.
ITEM #13 ~ Second Reading Ord. #6029-96 - RPD-16 Zoning for property located approx.
700' North of Gulf to Bay Blvd. & 350' East of Cambridge Dr., Storz Ophthalmic, Inc.,
Park Place DRI. Lot 2 (less portion zoned Preservation) & Lot 3; approve FInal Site Plan for
the Grand Reserve subject to conditions (Storz Ophthalmics, Inc., Z96-03)
This request is for Residential Planned Development zoning for a 27-acre parcel in
the Park Place of DRt (Development of Regional Impact) between Gulf-to-Bay Boulevard
and Drew Street East of US 19N. City Commission approval of the plan is required
because the property exceeds 25 acres. Staff established initial goals during project
discussions: 1) complete construction of Park Place Boulevard between Drew Street and
Gulf-to-Bay Boulevard; 2) create pedestrian environment that facilitates foot traffic
between DRI uses and surrounding land uses including Clearwater Mall, the Drew-19
Shopping Center, and Eisenhower Elementary School; 3) protect and preserve important
environmental features in the project; and 4) create a "high end rental" residential
environment which has a strong market.
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The proposed site plan meets these goals. The applicant will complete Park Place
Boulevard prior to the issuance of COs (Certificate of Occupancy) for any of the apartment
buildings. The proposed pedestrian design, including sidewalk construction, allows an
acceptable balance between access to surrounding uses and on-site security. Site
environmental features will be preserved and augmented. The site design and type of
construction proposed by the applicant signal an exclusive rental development of the
award-winning Bayside Arbors variety.
The potential of this project to establish a "village" atmosphere for the Park Place
DRI is exciting. It will offer the opportunity for a City resident to live, work, shop, attend
school, and recreate in a relatively small area, all within walking distance. The applicant
also will provide a mass transit stop.
No land use plan amendments are needed immediately pursuant to this
development. Prior to the final CDs for the project, the applicant will be required to submit
requests for amending the land use plan to reflect the creation of the residential area and
more clearly define the preservation areas. The project is consistent with the development
order for the Park Place DRI.
On May 7,1996, the Planning and Zoning Board unanimously endorsed the
proposal.
Commissioner Clark moved to approve the Petitlon for Zoning Atlas Amendments to
Residential Planned Development "Sixteen" for Lots 2 and 3, less portion of Lot 2 which is
zoned "Preservation," Storz Ophthalmics. Inc.. Park Place DRI (Development of Regional
Impact) and approve the Final Site Plan for the Grand Reservo, subject to final conditions:
1) before the Site Plan can be certified, the applicant must complete: a) show on the site
plan the installation and maintenance of uniform traffic control devices at appropriate
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~', locations in accordance with standards set forth by the Manua/ on Uniform Traffic Control
Devises as adopted by FOOT {Florida Department of Transportation) under Rule 14-
115.010, Florida Administrative Code; b) show all pavement markings and signage on the
site plan; c) show all striping, pavement markings, signage, and traffic control devices on
the site plan conforming to FDOT Standard Indices-1995 edition and FAC 14-110 (no 4-
inch striping is to be shown); d) add three additional landscaped islands in lieu of parking;
and e) add a note that advises off-site street and roadway detail are provided for
information only; 2) before the City can issue building permits, the applicant must
complete the following actions: a) obtain and furnish eVidence of all applicable permits
from other governmental agencies including but not limited to: n SWFWMD permit to
Clearwater Environmental Management and ii) Pinellas County Public Health Unit Permit,
Ingress/Egress and a 10-foot utility easement over the proposed water mains up to and
including meters, backflow prevention devices and hydrants; b) pay the sewer impact
assessment fee, based on the size of the water meter with assistance in determining the
fee from Central Permitting/Licensing Specialists; and c) acquire clearing and grubbing and
tree removal permits or a no tree verification form from Environmental Management; 3)
before the City can issue a Certificate of Occupancy, the applicant must complete the
following actions: a) bring all substandard sidewalks and sidewalk ramps adjacent to or a
part of the project up to standard, including ADA, and install sidewalk where none exists in
the street right-of-way; b) have the City install backflow prevention devices at each
building with the owner/applicant paying all applicable fees; and c) furnish as-builts and an
engineer's certification to Engineering Services; and 4) complete the following actions; a)
obtain the requisite building permits within one year from the site plan certification data to
'~\ prevent expiration of the site plan certification; b) obtain the requisite certlficate(s} of
i I,...,j occupancy within 3 years of the site plan certification date to prevent expiration of the site
plan certification; and c} obtain review of and permits for signs and fencing/walls through
separate review and permitting procedures. The motion was duly seconded and carried
unanimously.
The City Attorney presented Ordinance #6029-96 for second reading and read it
by title only. Commissioner Clark moved to pass and adopt Ordinance #6029-96 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel and Garvey
"Nays": None.
ITEM #14 - Public Hearing & First Reading Ords. #6032-96 & #6033-96 - Land Use Plan
Amendment to Institutional & P/SP Zoning for property located approx. 330' east of
Greenwood Ave., Georgas Sub., Lots 5-10, Sec. 22-29-15, M&B 21.05 (School Board of
Pinellas County / Fusco Management Corp. / Property Capital Trust, LUP96-03, Z96-05)
The applications cover six vacant lots contiguous to Belleair Elementary School.
The PineJlas County School Board has placed these lots under contract and plans to
combine them with the adjacent elementary school to the East which is zoned Public/Semi-
Public. These lots, in the City, are East of Pinellas Street and approximately 330-f8et East
of Greenwood Avenue. The subject lots are zoned Multiple-Family Residential "Twelve"
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(RM-12) and have Land Use Plan Classification of Residential Medium. The RM-12 zoning
district does not permit schools or playfields. It is proposed to rezone the property
Public/Semi-Public.
The Future land Use Plan Classification of Residential Medium would be changed to
Institutional to conform with the Future Land Use Plan for the East property. Properties to
the North and West have a Future land Use Plan Classification of Residential Medium and
are zoned Multiple-Family Residential "Twenty-Eight" (RM-28) and Multiple-Family
Residential "Twelve" (RM-12). Properties to the East and South have Future Land Use Plan
Classification of Institutional and Residential MedIum and are zoned Public/Semi-Public
(P/SP) and Commercial Center (CC). The proposed Future Land Use Plan and Zoning Atlas
Amendments arB requested to permit the proposed expansion. The combined lots contain
2.72 acres. The school site contains approximately 8 acres. This land is being acquired to
add to the existing school property to meet current and future educational needs of the
community and school. The proposed amendments would be an expansion to the existing
Public/Semi-Public district to the East. The proposed playground will be an accessory use
to the existing school property and no conditional use approval will be required. The
agreement to purchase the subject lots is contingent upon approval of the land use plan
and Zoning Atlas Amendments from the City to assure these lots are usable for school
purposes.
On May 21, 1996. the Planning and Zoning Board unanimously endorse this
proposal.
l.'.:~) Jim Miller, representative of the Pinellas County School Board, said the proposed
changes will support anticipated growth of Belleair Elementary School which was founded
in 1926.
Commissioner Johnson moved to approve the Petition for Future Land Use Plan
Amendment to Institutional, and Zoning Atlas Amendment to Public/Semi-Public (P/SP) for
Lots 5, 6, 7, 8, 9, and 10, Georgas Subdivision, and vacated portion of Eugenia Street and
M&B 21-05 in Section 22~29S-15E. The motion was duly seconded and carried
unanimously.
The City Attorney presented Ordinance #6032-96 for first reading and read It by
title only. Commissioner Johnson moved to pass Ordinance 1/6032-96 on first reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson. Clark, Hooper, Seel and Garvey.
"Naystt: None.
The City Attorney presented Ordinance 1/6033-96 for first reading and read it by
title only. Commissioner Hooper moved to pass Ordinance 116033-96 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayestl: Johnson, Clark, Hooper, Seel and Garvey.
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"Naystl: None.
ITEM #15 ~ ~ublic Hearing & First ReadinQ Ords. #6034~96 & #6035.96 - Land Use Plan
Amendment to Institutional &. PIS? Zoning for property located at 1142 Lakeview Dr., Sec.
22-29-15, M&B 21.10 (School Board of Pinellas County / Pinellas Board of Public
Institution, LUP96.02, Z96-04)
This application covers a parcel adjacent to land owned by the applicant, the
Pine lias County School Board. The School Board plans to combine the lot with its adjacent
property (Belleair Elementary School) to the East which is zoned Public/Semi-Public. The
lot, in the City, is North of Lakeview Road and approximately 545.feet east of Greenwood
Avenue. The subject lot is presently zoned Multiple-Family Residential "Twelve" (RM-12)
and has D Land Use Plan Classification of Residential Medium. The RM-12 zoning district
does not permit schools or playfields. It is proposed to rezone the property Public/Semi-
Public. '
<~)
The Future Land Use Plan Classification of Residential Medium would be changed to
Institutional to conform with the Future Land Use Plan for the East property. Properties to
the North and West have a Future Land Use Plan Classification of Residential Medium and
are zoned Multiple-Family Residential "Twelve" (RM-12). Properties to the East and South
have Future Land Use Plan Classification of Institutional and Residential Urban, and zoning
of Public/Semi-Public (P/S?) and Multiple-Family Residential "Eight" (RM-B). The proposed
Future Land Use Plan and Zoning Atlas Amendments are being requested to permit the
proposed expansion. The parcel is less than one acre, the minimum lot size for the
Public/Semi-Public District. The school site contains approximately B acres and this land is
being added to the existing school property to meet the current and future education needs
of the community and school. The proposed amendments would be an expansion to the
existing Public/Semi-Public district to the East. The proposed drainage lutllity facility) can
be considered by the Planning and Zoning Board as a conditional use if the proposed Future
Land Use Plan and Zoning Atlas Amendments are approved.
On May 21, 1996, the Planning and Zoning Board unanimously endorsed this
proposal.
Commissioner Clark moved to approve the Petition for Future Land Use Plan
Amendment to Institutional, and Zoning Atlas Amendment to Public/Semi-Public (P/SP) for
M&B 21-10 in Section 22-29S-15E. The motion was duly seconded and carried
unanimously.
The City Attorney presented Ordinance /16034-96 for first reading and read it by
title only. Commissioner Clark moved to pass Ordinance 116034-96 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel and Garvey.
"Nays": None.
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The City Attorney presented Ordinance #6035-96 for first reading and read it by
title only. Commissioner Clark moved to pass Ordinance 116035~96 on first reading. The
motion was duly seconded and upon roll call, the vote was:
.. Ayes": Johnson, Clark, Hooper, Seel and Garvey.
"Nays": None.
ITEM #16 - Public Hearino & First Reading: Ord. #5962-96 - LDCA amending Div. 26 of
Ch. 40, to provide for revised development standards in the Urban Center District & Ord.
#5964-96 - Zoning Amendments for Downtown Urban Core districts (LDCA95-20. Z96~
01 )
To implement the Downtown Redevelopment Plan. the City is adjusting zoning
requirements: 1) changes to downtown zoning districts, and 2} amendments to the Land
Development Code for the Urban Center district.
The Downtown Redevelopment Plan recommended revising some zoning districts.
The City Commission directed modification of some recommendations: 1) eliminate the
multiple Eastern Corridor subdistricts and 2) extend the UCIC2) subdistrict one block
eastward to incorporate both sides of Myrtle Avenue.
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This item also includes land Development Code amendments. The revised zoning
and development regulations for downtown zoning districts include changes in the
allowable height, FAR (floor area ratio), density requirements, and other less substantial
changes.
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Staff feels implementing the Downtown Redevelopment Plan will spur downtown
redevelopment activity. Staff believes the proposed changes reflect appropriate levels of
development intensity. A number of adjustments to the original proposal have occurred.
Staff feels these adjustments will encourage wide support of the current zoning changes
by downtown property owners.
On May 21, 1996, the Planning and Zoning Board endorsed the atlas and code
amendments by 4-1 votes. The board will rehear the atlas amendments due to an
advertising problem. The Planning and Zoning Board recommended changes to the code
amendment regarding the Eastern Corridor District: 1} increase "base" height from 100
feet to 150 feet and 21 increase "bonus" height from 150 feet to 180 feet.
Mr. Shuford stated many public meetings addressed this Issue. He noted staff
cannot support some of the recommendations. He reported the text amendments
transition heights West to East from 60 feet to 100 feet to 180 feet to 100 feet. He
reported a majority of the Planning & Zoning Board had voted to adopt the proposed text
amendments and approve the zoning changes. Fredrica is the eastern boundary of the
Urban Core East.
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Harry Cline, representing owners of the 1100 Building and Dimmitt leasing, felt a
20Q-foot limit is appropriate as it would permit a stair step effect and provide an
opportunity for vistas. If the City Commission approves lower height limits, he suggested
redrawing boundaries for Urban Core East and Urban Core Center (2) EastlWest rather than
North/South. He noted major commercial streets run EastlWest and recommended
encouraging development along the Cleveland Street corridor. He pointed out proposed
zoning would bifurcate the Dimmitt property.
Dennis Heneger said he owns property South of the 1100 Building and questioned
the value of five stories of building he would be unable to construct under the proposed
zoning restrictions.
The Mayor said moving the boundary West, to its original location, would solve Mr.
Cline's concerns regarding the Dimmitt property. Commissioner Seel questioned if the
boundary could be moved East. Mr. Shuford said the plan is based on findings that
Clearwater's downtown is too large for office space demand. Based on the Visual
Preference Survey, the plan reduces downtown's scale and reflects what people want to
see. He reported a-stories is about the limit of pedestrian scale. He listed noted some of
the proposed land uses and stated additional modifications to the plan will occur.
, ,,.,,'}
The Mayor noted the 1100 Building, as well as many Clearwater beach properties,
are non-conforming. Mr. Shuford stated the 1100 Building's height and size is
grandfathered. He reported if a property meets certain requirements. R previsiun in the
Code allows height and other bonuses. He noted few lot!; on Cleveland Street are deep
enough to house a retail strip mall. Multi-family and single family development is planned
behind Cleveland Street and an entertainment complex is planned for the East End. He
noted rv'1r. Cline's recommen~ation is problematic for the current plan.
The Mayor suggested moving the boundary line to Myrtle Avenue instead of
Prospect. Mr. Shuford said under the proposed zoning, a height variance could be
considered for the Dimmitt property if it is developed in a unified fashion. Mayor Garvey
supported a transition in building heights and opposed increasing heights in the eastern
corridor. Commissioner Johnson questioned the proposed zoning's effect on the 1100
Building. Mr. Shuford said staff thought the changes would have no effect. Mr. Cline said
a letter indicating a building conforms is typically required when obtaining a significantly
large mortgage. He felt his proposal would be good for the community. Mr. Shuford said
the 1100 building can retain its height and increase its FAR. He reiterated the owner of
the 1100 Building would not be harmed. The Mayor noted the 1100 Building needs
additional parking to expand.
Commissioner Seel expressed concern the proposed changes will impact many
property owners. She questioned if the changes are fair and if the City is impacting itself.
Mr. Shuford suggested continuing the item to allow staff time to review Mr. Cline's
recommendations. The Mayor noted Ft. Harrison and Myrtle are corridors. She opposed
lining Cleveland Street with 150 foot tall buildings. She suggested addressing Mr. Cline's
recommendation in another study. She supported staff recommendations which eliminate
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" "'\ currently unlimited heights and densities. She suggested establishing some limits and later
reviewing where lines are drawn.
Mr. Shuford felt it would be preferable to continue the atlas and text amendments
and allow staff time to evaluate the corridor concept. Mayor Garvey expressed concern
that action would take a long time. Mr. Shuford noted text amendments refer to some
districts that currently do not exist. He will bring forward additional information to the
next meeting. Mayor Garvey noted the importance of starting the process to limit building
heights and FAR. Mr. Shuford estimated revisions could be approved by August 1996.
Commissioner Seel suggested also reviewing the Court and Drew Street corridors.
Mr. Shuford felt Drew Street should act as a transition to residential properties to the
North.
Commissioner Johnson moved to pass Ordinance #5962.96 on first reading. Thore
was no second.
The City Attorney indicated the City Commission cannot assume buildings will nOl:
be built to greater heights. She noted the recent!.,. passed Sleile property rights bill allows
Drop~rty c'v....n6is to approach the City and request accommodation. Mr. Shuford noted the
legislation requires the proposed development to be fairly logical.
j" ..l ~
'>rr'...r/
Commissioner Hooper said the Dimmitt property could be a substantial
redevelopment parcel. The Mayor noted it could come forward as a planned development.
Mr. Shuford will report on the banking requirements to which Mr. Cline referred. He noted
current occupancy rates will not support another tall office building downtown. He said
building construction costs increase once a building rises above a certain height.
\1
Commissioner Seel moved to continue this item to the June 20, 1996. meeting.
The motion was duly seconded and carried unanimously.
The Commission recessed from .8:39 to B:57 p.m.
ITEM #17 - Variance's) to 5ion Regulations for orooertv located at 1295 S. Missouri Ave.,
F.E. Hanousek's Sub., part of Lots 11 & 12 (Albertson's Inc., SV96~09)
This property, on the Northeast corner of Missouri Avenue and Lakeview Road, is
zoned Commercial Center. The applicant is requesting a variance of one wall sign to allow
a total of four wall signs. The variance is requested to permit placement of a wall sign
identifying the mini.bank within the grocery store.
Staff recommends approval as the variance will not increase the allowed sign area,
only the number of wall signs. The proposed total sign area is 277.5 square feet where
290 square feet are permitted. The additional sign will identify the mini-bank, not the
grocery store. Approval will not detract from the neighborhood's appearance. Strict
enforcement of the code would not provide any specific public benefit.
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, ..\ Mr. Shuford noted concerns about setting a precedent and stated staff feels the
standards are met and recommends approval. In answer to a question, Mr. Shuford agreed
a fourth sign would be allowed for a store with a separate entrance and would not be
counted as part of Albertson's signage. Concern was expressed this decision not affect an
earlier determination regarding the Albertson's on Gulf-to-Bay Boulevard. The Mayor noted
that store's signage exceeded size limits.
In answer to a question, Cathy Dixon, representative for the applicant, said the
original application for a larger sign later was changed to a request for an additional wall
sign. She reported checking to see if the signs could be combined but noted the bank,
First of America Bank, is a separate entity but does not have a separate entrance.
Commissioner Clark moved to approve a variance of one wall sign to allow four wall
signs on property identified as F E Hanousek's Sub., parts of Lots 11 and 12, for meeting
45.24 Standards for Approval, items (1 )-(4) and that the appropriate officials be authorized
to execute same. The, motion was duly seconded and carried unanimously.
Public Hearinr;J - Second Readinq Ordinances
ITEM #18 - Ord. #6013-96 - amending Sec. 35.11, to revise definition for variance
tLDCA96-04)
The City Attorney presented Ordinance #6013-96 for second reading and read it by
title only. Commissioner Johnson moved to pass and adopt Ordinance #6013-96 on
I.,:,;',::) second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel and Garvey
"Nays"~ None.
ITEM #1 9 - Ord. #6023-96 - approving new gas utility rates to become effective for all
billings rendered on or after 10/01/96, and incorporating subsequent changes to become
effective for billings rendered on or after 10101/97
The City Attorney presented Ordinance #6023-96 for second reading and read it by
title only. Commissioner Hooper moved to pass and adopt Ordinance #6023-96 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel and Garvey
"Nays": None.
ITEM #20 - Qrd. #6024-96 - Annexation for property located at 1500 Stevenson Dr.,
Stevenson's Heights Sub., Blk A, Lot 27 (Baker & Williamson Enterprises, Inc., A96-15)
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'I " ' .. . ',", ,'..' \ .
, . ,
The City Attorney presented Ordinance 116024-96 for second reading and read it by
title only. Commissioner Johnson moved to pass and adopt Ordinance #6024-96 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seal and Garvey
"Nays": None.
ITEM #2' ~ Ord. #6025-96. CG Zoning for property located at 1500 Stevenson Dr.,
Stevenson's Heights Sub., Blk A, Lot 27 (Baker & Williamson Enterprises, Inc., A96-15)
The City Attorney presented Ordinance 116025-96 for second reading and read it by
title only. Commissioner Seel moved to pass and adopt Ordinance #6025-96 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel and Garvey
"Nays": None.
ITEM #22 ~ Qrd. #6026-96 ~ Annexation for property located at 2730 Curlew Rd., Sec.
17-28-16, M&B 31.03 (Burke, Trustee, A96-16)
(,;:>
The City Attorney presented Ordinance 116026-96 for second reading and read it by
title only. Commissioner Hooper moved to pass and adopt Ordinance /16026-96 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel and Garvey
"Nays": None.
ITEM #23. Ord. #6027~96 - RM-S Zoning for property located at 2730 Curlew Rd., Sec.
17-28-16, M&B 31.03 (Burke, Trustee, A96-16)
The City Attorney presented Ordinance 1/6027-96 for second reading and read it by
title only. Commissioner Johnson moved to pass and adopt Ordinance 116027-96 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
II Ayesu: Johnson, Clark, Hooper, Seel and Garvey
"Nays": None.
ITEM #24 - Ord. #6030-96 . providing authority to issue bonds to refund the outstanding
Gas System Revenue Bonds, Series 1991
The City Attorney presented Ordinance 116030-96 for second reading and read it by
title only. Commissioner Clark moved to pass and adopt Ordinance 116030-96 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
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"
,
"Ayes": Johnson, Clark, Hooper, Seel and Garvey
"Nays": None.
ITEM #25 ~ Ord. #6031-96 - Amending Sec. 2.323 to change composition of Parks and
Recreation Board from 9 to 7 members
The City Attorney presented Ordinance 116031-96 for second reading and read it by
title only. Commissioner Hooper moved to pass and adopt Ordinance #6031-96 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel and Garvey
"Nays": None.
ITEM #26 ~ Ord. #6047-96 - Amending Sec. 2.700 fa lobbyist ordinance to delete
department directors from definition of staff
The City Attorney presented Ordinance 116047-96 for second reading and read it by
title only. Commissioner Johnson moved to pass and adopt Ordinance #6047-96 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
I .-", ''\
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'1":'l"
"Ayes": Johnson, Clark, Hooper, Seel and Garvey
"Nays": None.
CITY MANAGER REPORTS
CONSENT AGENDA (Items 1127-42) - Approved as submitted
ITEM #27 - Approve reauest for authority to settle liability claim of Spottis Woods
Homeowners Association, Inc., for damages to a brick wall that was damaged when
struck by a City solid waste vehicle, for $27 ,859 (FN~
ITEM #28 - Pioeline Crossina Agreement with CSX Transportation, Inc., Jacksonville, FL,
to secure a natural gas easement across CSXT's right-ot-way in Safety Harbor, FL, for
$1,225 (GAS)
ITEM #29 - Seventh Amendment to Clearwater Ferrv Service. Inc. License & Agreement to
amend the minimum routing schedule to have operation of ferry service on an as-need and
on~call basis (MR)
ITEM 1130 - Purchase of City-wide dictation system from Dictaphone Coro., for
$33,158.30; authorize transfer of $33,158.30 from Police Department Debt Services
Code to Police Department Capital Machinery and Equipment Code (PO)
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'" ITEM #31 ~ Contract Renewal with Martin's Uniforms, Tampa, FL, for purchase of Police
Dept. uniforms &. related equipment, for the period 07/1 B/96 -07/17/97, at an amount not
to exceed $85,000 (PO)
ITEM #32 - Contract amendment with PSI International. Inc., Fairfax, VA, for purchase of
66 additional Fujitsu laptop personal computers & related components for $297,726; and
Contract to Oell Computer Corporation for 30 Dell desktop personal computers &. related
components, for $75,111, plus annual maintenance of $31,848 to begin 1 year following
acceptance, for a total of $404,685 (PO)
ITEM #33 - Contract for Drlvate street sweeoina services to Sweeping Corporation of
America, Nashville, TN, for the period 10101/96 -09/30/99. subject to annual fund
availability, for a total of $383,940 (PW)
ITEM #34 - Second Amendment to Lease Agreement dated 12/02/94 with the Times
PubJishing Company, amending lease premises to include additional lands in Blk B,
Magnolia Park Sub., requiring protective fencing for a storage building, but no additional
monthly rent; and extending lease term 3 months through 03/31/97, with all other lease
provisions unchanged (EN)
f ,.~...
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ITEM #35 - C.Q.#3 to 1996 Underdrain Contract to Kevstone Excavators. Inc., Oldsmar,
FL, re Chestnut Street & Garden Avenue Storm Improvements, increasing the amount by
$138,975.09 for a new total of $759,625.97 and extending the contract time by 40 days
(EN)
iTEM #36 - Aoorove ranking & award contract for consultant services to Tampa Bay
Engineering, Inc., Clearwater, FL, for design of watershed rehabilitation project at Hercules
Avenue & Allen's Creek, for $200,000 (EN)
ITEM #37 ~ Receiot/Referral - LDCA relating to density and the requirements for
calculations resulting in a fraction {LDCA96-14) (CP)
ITEM #38 - Receiot/Referral - LDCA allowing car rental uses as a conditional use in the
Beach Commercial & Resort Commercial 28 Districts; identifying standards for approval of
car rental uses in those zones, specifying that conditional use applications for outdoor
displays must be compatible in scale & appearance with surrounding uses to be approved,
and deleting requirement for a minimum lot size of 30,000 sq. ft. for outdoor retail sales,
displays and/or storage uses in Infill Commercial Districts (lDCA96-13) (CP)
ITEM #39 - Sanitarv sewer lien aareemen~ - 2275 N. Manor Blvd., Clearwater Manor Sub..
Lot 85 (McClure) (CA)
ITEM #40 - Drainaae installation and maintenance easement - 14 S. Arcturas Ave..
Skycrest Sub., Unit 6, Blk A, Lot 4 (Wesley and Louise Pope) (eA)
, ....)
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'\ ITEM #41 ~ 10' Natural Gas Utilitv Easement and Inoress and EQress Easement. 3160
McMullen Booth Rd., tract of land lying in Sec. 21.28-16 (McCullough Development
Corporation) (CA)
ITEM #42 - 1 0' Natural Gas Utility Easement and Inoress and Eoress Easement - 3160
McMullen Booth Rd., tract of land lying in Sec. 21-28-16 (James & Marlene McCullough)
teAl
Commissioner Clark moved to approve the Consent Agenda as submitted and that
the appropriate officials be authorized to execute same. The motion was duly seconded
and carried unanimously.
OTHER ITEMS ON CITY MANAGER REPORT
ITEM #43 - Res. #96-29 - releasing liens on Sand Key properties that have prepaid the
Power Line Burial Special Assessment in full, at a cost not to exceed $2,500 (FN)
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The City established the City of Clearwater Special Assessment District #95-01
which includes all Sand Key properties. Per Resolution 1/95-70, the City levied special
assessments for power line burial and streetlight replacement. The assessments were
recorded in the Public Records of Pinellas County, Official Record Book 9193, Page 1717.
The City offered a prepayment option to property owners that provided a 20% discount
equivalent to estimated debt service on the assessment principal. Approximately 70% of
the property owners chose the prepayment option and have paid the assessment in full,
resulting in $688,915 of assessment collections. Adoption of this resolution will allow the
City to record the release of lien with the property appraiser, tax collector, and the Florida
Department of Revenue.
Commissioner Hooper moved to release liens on Sand Key properties that have
prepaid the referenced assessment in full at a cost not to exceed $2,500 and that the
appropriate officials be authorized to execute same. The motion was duly seconded and
carried unanimously.
The City Attorney presented Resolution 1196-29 and read it by title only.
Commissioner Hooper moved to pass and adopt Resolution #96-29 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
"Ayes": Johnson, Clark, Hooper, Seel and Garvey
"Nays": None.
ITEM #44 ~ Res. #96-44 - providing for public sale of not to exceed $9,750,000 Gas
System Revenue Bonds, Series 1996A and $8,500,000 Gas System Revenue Refunding
Bonds, Series 1996B (FN)
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.."'\ Gas System Revenue Bonds, Series 1996AJ for $9.75-miUion will accommodate the
continuing expansion of the Gas System into Pasco and Pinellas counties. The receipt of
the bond proceeds from this issue will be used in part to reimburse the City for
expenditures that previously have been authorized and expended.
Gas System Revenue Bonds, Series 1996B, for $8.5.million will be used to
refinance the 1991 Gas System Revenue Bonds at a present value saving in excess of 4%.
This series of bonds will not be issued if the 4% savings is not going to be realized.
These bands will be sold through competitive public sale scheduled for June 27, 1996, at
11 :00 a.m. These bonds will be repaid over 30 years. A pledge of Gas System revenues
will be used to secure payment of the principal and interest on the bonds.
Adoption of this resolution authorizes the public sale and award of the bonds to the
bidder(s) offering such interest rate(s) and purchase price(s) that will produce the lowest
true interest cost to the City over the life of the bonds. This resolution authorizes the City
Manager and Finance Director to award the sales of the bonds. Included with this
resolution are several exhibits that cannot be finalized until just before the Commission
meeting date due to pricing considerations and market conditions. Final exhibits will be
distributed as 500n as possible.
Finance Director Margie Simmons distributed copies of the commitments of the
winning bidder, AMBAC Indemnity Corporation, a Wisconsin Stock Insurance Company.
Commissioner Hooper moved to approve the public sale of not to exceed $9.75-
1'::J million Gas System Revenue bonds, Series 1996A, and $8.5-million Gas System Revenue
Refunding Bonds, Series 19968 and that the appropriate officials be authorized to execute
same. The motion was duly seconded and carried unanimously.
The City Attorney presented Resolution 1196-44 and read it by title only.
Commissioner Johnson moved to pass and adopt Resolution #96.44 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
"Ayes": Johnson, Clark, Hooper, Seel and Garvey
"Nays": None.
ITEM 1t45 - First ReadinQ Ord. #6048-96 - relating to sale of petroleum products;
amending Sec. 33.031 to identify locations for sale of petroleum products at Clearwater
Marina; allowing only fully qualified vendor, approved by City Manager and under an annual
fuel contract with the City, to provide petroleum products sold at Clearwater Marina (MR)
Outside fuel vendors have questioned the locatIons where petroleum products are
sold at Clearwater Municipal Marina. Changes to Section 33.031, of the code of
Ordinance, identifies the locations where petroleum products are sold as the Marina fuel
dock at the Southeast end of the marina and the commercial fuel dock on the seawall at
the East end of the marina. Identifying the locations where petroleum products are sold at
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. ""\ Clearwater Municipal Marina in the City code will clear up any confusion on the part of
outside fuel vendors who are not under an annual fuel contract with the City. Only a fully
qualified fuel vendor approved by the City Manager and under an annual fuel contract with
the City shall provide petroleum products sold at Clearwater Marina.
In answer to a question, the City Manager reported the City is the qualified vendor
at the City marina.
Commissioner Clark moved to approve the amendment to City Code, Section
33.031 to designate locations for sale of petroleum products at Clearwater Marina and
allow only fully qualified fuel vendor, approved by the City Manager and under an annual
fuel contract with the City, to provide all petroleum products sold at Clearwater Marina
and that the appropriate officials be authorized to execute same. The motion was duly
seconded and carried unanimously.
The City Attorney presented Ordinance 116048.96 for first reading and read it by
title only. Commissioner Clark moved to pass Ordinance 116048-96 on first reading. The
,motion was duly seconded and upon roll calf, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel and Garvey.
"Nays": None.
; ...~..\
"~"r:!
ITEM #46 - (Cont'd from 05/16/96) Hire 2 full-time police service technicians to provide
guard service for the Main Library & surrounding Coachman Park area for 70 hours per
week, to be effective 08/15/96, when contract with National Building Maintenance, Inc.
expires {LIB}
Since 1991, National Building Maintenance, Inc. has provided 46 hours per week of
security guard services for the Main Library, at an annual cost of $1 5,840. The guards do
not have the police training or radio access provided by Clearwater's uniformed police
technicians. The Clearwater Police Department hires and trains Police service technicians.
Their training and radio contact will provide more professional and efficient responses to
problems caused by library customers, street people, and Coachman Park visitors.
Current annual cost for the two positions is $50;377.88, including benefits. Salary
and benefit costs for the three pay periods remaining in 1995/96 will be $5,813 plus
$1,200 for two sets of uniforms and $5,500 for two rechargeable radios.
Commissioner Seel expressed concern regarding the increased cost resulting from
this proposal. Commissioner Clark concurred. In light of plans for additional police
coverage in downtown, he agreed with Commissioner Seel's recommendation to meet the
library's needs by hiring another security company.
The Mayor said she continues to hear about problems at the Main Library. She
supported the proposal, stating the PSTs (Police Service Technicians) will be trained to
deal with problems. Commissioner Johnson said he did not want to ,spend additional funds
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....... either but noted the Chief of Police and Library Director made this recommendation. He
pointed out the Library had tried other security companies but did not find them effective.
Commissioner Clark said he had not heard of a plan to address problems which occur
outside the Library. Commissioner Seel suggosted providing security company guards with
radios. Commissioner Hooper opposed that recommendation. He noted City radios have
emergency buttons that allow the dispatcher to identify the caller without voice
communication.
Police Chief Sid Klein said the PSTs will wear police uniforms, carry radios, and be
trained. He suggested considering the whole picture and noted the advantage of a police
presence in Coachman Park. The Mayor noted the proposed bicycle patrol will not focus
on Coachman Park. Commissioner Seel said if the problem is serious, armed police
officers with arrest powers should patrol the park. The Mayor said it is not that serious
but supported trained personnel patrolling the park. In answer to a question, Chief Klein
reported the Library issued 109 calls for service in the last six months. Commissioner
Clark noted three key City facilities are located in that area. Chief Klein said a grant
approved to provide the Soup Kitchen and Homeless Shelter with Police Officers cannot be
used to guard Coachman Park and the Library. Commissioner Hooper suggested
readdressing this issue after the homeless shelter is constructed. Chief Klein said if these
positions are not required in the future, they can be eliminated through attrition.
:)
Commissioner Johnson moved to approve hiring two full-time police service
technicians to provide guard service for the Main Library and surrounding Coachman Park
area for 70 hours per week, to be effective August 15, 1996, when the contract with
National Building Maintenance, Inc. expires, and that the appropriate officials be authorized
to execute same. The motion was duly seconded. Commissioners Johnson and Hooper
and Mayor Garvey voted "Ayell; Commissioners Clark and Seel voted "Nay." Motion
carried.
ITEM #47 - Completion of Harborview Center: approve $498,000 expenditure needed for
completion of redefined center, and consider itemized list of possible bettermonts which, if
approved in its entirety, will require an additional authorization of $266,500; approve
interfund loan of $498,000 (or $764,500 with betterments) from Central Insurance Fund,
bearing interest at cash pool rate, to be repaid from Penny for Pinellas collections in FY
1999 (CM)
Upon the September 1994 completion of the second-floor renovation of the former
Maas Brothers Department store to establish a Stein Mart store, the Commission directed
staff to proceed with constructing a first-floor exhibit hall and third-floor conference
center; and to seek prospective restaurateurs who would build, at their own expense, a
5,000 square foot first-floor restaurant and a 10,000 square foot third-floor restaurant.
City recruitment efforts resulted in no restaurateur interest in paying the total cost
of improvements or in establishments of that size. The City Commission authorized
negotiations that resulted in the 2,500 square foot Pickles Plus lease for the first-floor. In
the Pickles Plus lease, the City pays all "shell'l (infrastructure) costs. Pickles Plus pays all
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'"'\ "finishtt costs above $100,000 and, over the first two lease terms, will reimburse the City
for paying the first $100,000 of the "finish" costs.
The third-floor, formal restaurant was intended to be leased with a similarly
structured agreement whereby the City would pay $150,000 for the "shell." The
restaurant would pay all "finish" costs above $300,000 and reimburse the City for paying
the first $300,000 of "finish" costs. As, the third-floor restaurant also would handle the
conference center catering, it had been indicated the "finlshtl work to construct a kitchen
capable of producing 1 ,000 dinners would exceed $300,000.
The City Commission also had allotted $150,000 for a "food handling room"
between the kitchen and meeting rooms to stage and store food. After the "Bistrott
restaurant stated their kitchen would be incapable of catering the conference center, the
City Commission felt the proposed Bistro lease was financially unattractive. After GFS
(Globe Facility Services, Inc.) provided a pro forma Indicating the 5,000 square foot, third-
floor restaurant would be more beneficial to the City as a "Clearwater Room," the City
Commission reiected the Bistro lease and directed staff to convert the third-floor restaurant
into a rentable "Clearwater Room," and to expand and convert the food handling room into
a banquet kitchen equipped to prepare 1 ,000 dinners.
<;.J
In the short term, this decision made the City responsible for establishing a fully
equipped catering kitchen with funds originally identified as a partial payment toward
improvements to be financed mostly by a "restaurant." The redefined project also requires
the rearrangement of restrooms. walls, fixtures, mechanical. etc. An additional $498,000
is necessary for the proposed project scope change.
,
\
Additional optional project considerations for upgrades, betterments, or expanded
scope totaling $266,500 include: 1) $25,000 to upgrade the Clearwater Room with
chandelier light fixtures, wood trim, and upgraded carpet; 2) $27,000 to convert a portion
of the first-floor "back of house" catering area for food and drink storage to supplement
the banquet kitchen; 3) $120,000 for a mobile kitchen and related serving equipment; 4)
$55,000 for a two-side marquee sign; 5) $19,000 to upgrade and activate the elevator
connecting first-floor exhibits with the third-floor conferonce room midwayan the South
wall; 6) $3,000 to repair the third-floor (Southwest) men's room; 7) $2,500 to improve fire
stair hardware; 8) $6,000 for an entrance canopy to the Atrium; 8) $2,500 to stripe the
parking deck; and 9) $6,500 for the Parks & Recreation Department to landscape the
parking deck with plants in large pots.
If further funding is denied, the Clearwater Room can be completed but the catering
kitchen will remain a shell. If the catering kitchen is structurally completed. it will be
without equipment and the Clearwater Room will not be completed.
The City Manager reported the representative for the "Bistro," Clearwater on the
Bluff, has requested postponement of this item. The Mayor noted the item addresses
finishing the Harborview Center facility, not a restaurant facility. The City Manager
reported the Brea originally set aside for a third floor restaurant was significantly reduced.
Commissioner Hooper noted the .lumber of third floor restrooms also was reduced. Dean
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"\ Rowe, of Rowe Architects, Inc., agreed. He said requirements for a separate restaurant
differ from those for a banquet room that is part of a total facility. He said at this point, it
would be problematic to accommodate a restaurant as that would require a two-hour fire
wall and separate restroom facilities requiring significant space.
Consensus was to continue with the item despite the representative's request.
Commissioner Clark referred to a June 4, 1996, letter to Assistant City Manager Bill
Baker from Mr. Rowe and questioned who substituted the Clearwater Room for the third
floor restaurant in November 1995. Mr. Baker said the City Commission had approved a
conceptual agreement with the restaurant but could not reach agreement with the
restaurant regarding a finished product. On November 16; 1996, the City Commission did
not approve the restauranes offer and instructed staff to convert the space to the
Clearwater Room.
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Commissioner Seel questioned why restaurant negotiations failed. Ms. Rice said
the City Commission had indicated they wanted a deal similar to the one already reached
with Pickles Plus. She reported two weeks later, the City Commission changed their
direction, reducing the length of the lease and requiring the restaurant to provide furniture,
etc. The restaurant disagreed with the City's definition of tlfinished space." Staff came to
the City Commission, indicating an inability to reach agreement with the restaurant,
recommending a change in direction regarding the third floor. No clear estimate of cost
was presented. Commissioner Seel questioned why not. Ms. Rice indicated the space had
not yet been designed. Commissioner Seel noted the original document estimated the
restaurant shell would cost $150,000 and improvements would cost $300,000. Ms. Rice
said the restaurant indicated they expected a greater investment by the City.
Commissioner Johnson questioned where the money is that Commissioner Thomas
moved to approve in September 1995, to complete the Harborview Center. Mr. Rowe said
he had little input regarding constructing the catering kitchen. His company had delayed
designing the restaurant until the City had a contract. He noted a restaurant requires a
separate electrical supply and air-conditioning units and its design includes many variables
such as the use of gas, etc. He said the infrastructure budget of $300,000 was for
leasehold improvements. From the beginning, he had assumed that amount would not
cover the construction of a restaurant and additional monies would be needed. The Mayor
noted the lease length of three years proposed by the Commission was too short for a
restaurant to recoup their investment. Mr. Rowe stated the cost for Pickles Plus had
increased because a restaurant, not a delicatessen, is being constructed. He said the City
had assumed the leaseholder would match the City's investment with additional funds. He
reported the banquet kitchen was designed through the bidding process. Mr. Rowe said
the area around the kitchen was reconfigured and the allocated funds were spent. He
indicated the kitchen equipment was designed and bid and reported he had earned 80% of
his fee. He only is required to see the equipment is properly installed. He reported the
City purchased used kitchen equipment from the former proposed lessee.
Commissioner Johnson expressed concern regarding the substantial size of the
current request. He reiterated concern regarding the use of the $300,000 approved in
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........., September 1995, for a restaurant. Commissioner Seel questioned why Rowe Architects,
Inc. had little input regarding the catering kitchen and why the recommendation for a
catering kitchen and Clearwater Room was presented to the City Commission without
rationale. Commissioner Johnson noted in September 1995, the City Commission also had
approved funds for utensils, etc., for use in the catering kitchen. Mr. Baker said the City
has not bought any equipment. Harborvlew Center General Manager Barry Strafacci said
the City Commission had approved funding for FF&E (furniture, fixtures. & equipment).
Money was spent for a public address system but $44,000 has not been spent. In answer
to a question, Mr. Baker said he is responsible for the Harborview Center project.
Commissioner Seel questioned the numberst accuracy. She requested an
explanation of the staff remark at the November 16, 1995, meeting that indicated an
expectation that building a catering kitchen would save $100,000 of the projected
$600.000 budget.
Mayor Garvey noted the City Commission had just received paperwork regarding
this issue and requested continuing the item. Commissioner Seel will submit her questions
in writing. She expressed concern at not having the full story.
Commissioner Seel moved to continue item #47 and for staff to provide a complete
review and accountability of the Harborview Center project. The motion was duly
seconded.
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Commissioner Clark requested a final number to complete the redevelopment of the
Harborview Center. Commissioner Hooper recommended devoting a Work Session to this
issue. Mayor Garvey expressed concern Harborview Center revenues will be harmed if the
kitchen and Clearwater Room are not completed. She said the City Commission noeds to
move forward if the Harborview Center is to be ready for the season. She said a second
issue is accountability. Commissioner Seel requested accurate figures.
Commissioner Johnson expressed concern regarding his remark at a meeting last
year specifically stating that appropriation was the last one. He had requested staff come
up with a final figure but noted none was presented. He wondered what happened to the
funds he had voted to spend on specific items.
Upon the vote being taken, the motion carried unanimously.
Consensus was to schedule a Special Meeting for June 14, 1996, at 9:00 a.m.
followed by a discussion of property issues if the meeting ends before 3:00 p.m.
Commissioner Hooper referred to the letter regarding Clearwater on the Bluff. Mr.
Rowe said reducing the size of the proposed third floor restaurant resulted in a problem to
separate restaurant use from the conference center. He offered to meet with each
Commissioner.
ITEM #48 - Beautification Committee - 2 appointments (eLK)
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''"'\ Commissioner Johnson moved to appoint Nancy Aft. The motion was duly
seconded and carried unanimously. '
Commissioner Clark moved to appoint Robert Sudalnik. The motion was duly
seconded and curried unanimously.
ITEM #49 - Community Relations Board - 1 aooointment (elK)
Commissioner Seel moved to appoint Johnny Long. The motion was duly seconded
and carried unanimously.
ITEM #50 - Other Pendina Matters - None
CITY ATTORNEY REPORTS
ITEM #51 - Resolutions
a) Res. #96-41 - Assessing property owners the costs of having mowed or cleared
owners' lots
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The City Attorney presented Resolution #96~41 and read it by title only.
Commissioner Clark moved to pass and adopt Resolution 1196-41 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
UAyes": Johnson, Clark, Hooper. Seel and Garvey
"Nays": None.
b) Res. #96-43 - Demolition Lien - 705 Pennsylvania Ave., Pine Crest Sub., Blk 7, Lot 9
(Obadiah and Lillie Mae James)
The City Attorney presented Resolution 1196-43 and read it by title only.
Commissioner Johnson moved to pass and adopt Resolution 1196~43 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call.
the vote was:
"Ayes": Johnson, Clark, Hooper. Seal and Garvey
UNays": None.
c} Res. #96-46 - Approving in concept a plan to lend $900,000 to the CRA to facilitate the
development of a Winn-Dixie Store in a downtown Clearwater location to be owned by
Clearwater Neighborhood Housing Services
Staff is working with CNHS (Clearwater Neighborhood Housing Services) regarding
an upcoming project to locate a Wino-Dixie Grocery store downtown. The CRA approved
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providing a loan of between $600,000 and $900,000 to address a gap in financing in
conjunction with a federal grant for which CNHS has applied. Grants will be awarded to
only 30 of 200 applicants. Chances for approval will improve if the project is supported by
a strong financial commitment by the CRA. CNHS, not Winn-Dixie, will own the property.
The Mayor referred to a new set of numbers and questioned if the project is still
viable. Ms. Rice said that is the case. She said the City sometimes needs to take a risk.
In answer to a question, she said staff would not bring forward the request if the loan was
not collateralized. The Mayor noted this represents an important step for downtown. Ms.
Rice said the store will employ 230 including 80 retained from the Highland Avenue store.
The City Attorney presented Resolution #96-46 and read it by title only.
Commissioner Clark moved to pass and adopt Resolution #96-46 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
"Ayes": Johnson, Clark, Hooper, Seel and Garvey
"Nays": None.
ITEM #52 - Other City Attornev Items - None.
ITEM #53 - eit\' Mananer Verbal Reoorts
\..,~:;'.) a) Change of Date for Del Oro Park Ribbon Cutting
The City Manager indicated the park's name will not be considered until June which
could delay the ribbon cutting until July 1996.
Consensus was to wait for a decision regarding the park's name and to schedule
the ribbon cutting later.
b) Florida League of Cities - attendees
The City Manager questioned which Commissioners planned to attend the annual
Florida League of Cities meeting scheduled for August 8 - 10, 1996 in Boca Raton. The
Mayor encouraged Commissioners to attend to network and share ideas. Commissioner
Seel suggested Commissioners visit redeveloped communities in that area~
c) Legislative Issues
The City Clerk reported a letter has been drafted for the Mayor's signature thanking
Governor Chiles for vetoing the property appraisal bill.
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Consensus was for the Mayor to sign the letter.
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"", The City Clerk noted public safety concern regarding a federal proposal to sell
portions of the radio frequencies' spectrum. Public Safety staff is concerned regarding a
lack of these frequencies in the future and suggested sending a letter to the Federal
government recommending against selling the spectrum until after a report on this issue
has been finished.
Consensus was to send such a letter.
The City Clerk reported Federal plans to reduce CDBG (Community Development
Slock Grant) funds by $400-million. The cuts would result in a $100,000 reduction in
Clearwaterts CDBG funds. Currently, the City can only fund 19 of 29 requests.
Consensus was to send a letter requesting no cuts in this funding.
ITEM #54 - Other Commission Action
Commissioner Johnson questioned the status of ths North Greenwood Community
Task Team. Deputy City Manager reported a meeting is scheduled for June 12, 1996,
with current members. Additional names will be brought forward after the meeting.
CQmmissioner Johnson questioned Clearwater Festivals' request for additional
funding. City Manager said that issue will come forward at the next meeting.
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Commissioner Johnson congratulated Commissioner Seel on a nice article.
Commissioner Hooper expressed concern only three DCAB (Development Code
Adjustment Board) members attended their last meeting.
Commissioner Hoover expressed appreciation for the Safety Luncheon and
acknowledged the many employees recognized for their excellent safety records.
Commissioner Clark said he will be unable to attend the FLC conference.
CQmmissioner Clark welcomed the City Attorney as a new Clearwater resident.
Mavor Garvev announced the Marlo Boulevard meeting will be held at 7:00 p.m. on
June 19, 1996, at the Countryside Library.
ITEM #55 - Adjournment
The meeting adjourned at 10:23 p.m.
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