06/20/1996
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COMMISSION
City Commission Minutes
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CITY COMMISSION SPECIAL MEETING
Closed Attorney/Client Session
June 20, 1996
The City Commission of the City of Clearwater met in closed session at City Hall,
Thursday, June 20, 1996 at 4:35 p.m., with the following members present:
Rita Garvey
J. B. Johnson
Robert Clark
Ed Hooper
Karen Seel
Mayor/Commissioner
Vice-M ayor /Commissioner
Commissioner
Commissioner
Commissioner
Also present:
Elizabeth M. Deptula
Pamela K. Akin
Robert L. Barnes
Fredric S. Zinober
City Manager
City Attorney
Esquire
Esquire, outside counsel for the City
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The Mayor called the meeting to order and announced a closed session would be
held for the purpose of discussing litigation regarding Atrium of Clearwater, Ltd. vs. City
and Community Redevelopment Agency. This meeting is exempt from the provisions of
the Sunshine Law.
The entire session was recorded by a certified court reporter and the transcript shall
be made part of the public record upon conclusion of the litigation.
The closed session adjourned at approximately 5:45 p.m.
ATTEST:1:u'-\-L c.. Ji~ cD.
City Clerk
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ACTION AGENDA - CLEARWATER CITY COMMISSION MEETING
Thursday, June 20, 1996 - 6:00 P.M. - Chambers
1. Invocation
2. Pledge of Allegiance
3. Service Awards
4. Introductions and Awards
5. Presentations:
a) Environmental Advisory Board (EAB) -
Annual Report
bl Ruth Eckerd Hall
6. Approval of Minutes - Regular Meeting
6/6/96
7. Citizens to be heard re items not on the Agenda
1. Pastor James Horn, St. Paul's Lutheran
Church.
2. Mayor.
3. 1 award presented.
6/96 EOM - Melvin Acton, Fire Department
Retirement Award - Althea Andersen, Library
4. None.
5. al Report received.
b) Request to be added to possible Penny for
Plnellas projects received.
6. Approved as submitted.
Tom Sehlhorst requested City stop foreclosure proceedings on his property. He recently learned of 7-
year old lien.
Lucius Pitts questioned if the Commission would reconsider the location of the reclaimed water tank
planned for the Marshall Street site. It was indicated the location would not be reconsidered.
Sybil Osburg questioned when Clearwater beach swimming pool would be built. Construction to begin
5/97.
John Tassinari said he no longer accepts responsibility for maintaining right~of-way by his house. He
,"',"", said the work is dangerous and recommended the City install mulch. .
\~'''1:':')3.ridget Tassinari said her husband broke a lawnmower while maintaining right-of-way. She questioned
why they have to keep up City property.
PUBLIC HEARINGS
8. Second Reading - Ord. #6046-96 - Granting
to GTE Media Ventures Inc. the permission to
occupy municipal streets and rights-ot-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
9. Public Hearing & First Reading Ord. #6053-
96 - Vacating portion of utility easement
lying on Lots 3, 4, & 13, Pinellas Groves,
SW% Sec.1-29-15 (City, V96-06)
10. Public Hearing & First Reading Ord. #6050-
96 - Vacating North 10' of existing 30'
drainage & utility easement lying South of &
adjacent to Lot 13, 8lk 6, Revised Plat of
l........)6/20/96
8. Ord. #6046~96 adopted.
9. Approved. Ord. #6053-96 passed 1 st
reading.
10. Approved. Ord. #6050-96 passed 1 st
reading.
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r,"", Brookwood Terrace Subo; less East 5' 1St.
, Vincent DePaul, V96-08) ,
11. Public Hearing & First Reading Ords. #6051.
96 & #6052-96 . Annexation & Zoning (OL .
Tract A, M&B less 5 509' m.o.I.), (RPD5 -
Tract a, M&B less N 160' m.o.l.) for property
located on E side of Landmark Dr., approx.
650' 5 of Enterprise Rd., Sec. 33-29-16,
M&B 22.011; and Development Agreement
with James A. and Hazel E. Vogel to
authorize development of up to 34 Single
Family Residential Units and up to 14, 1 60
sq.ft. of Office Floor Area; and Res. #96-45
- approving the development agreement with
James A. and Hazel E. Vogel (A96-21)
12. Public Hearing & First Reading Ord. #6044-
96 - LDCA defining "public safety facility",
identifying zones where public safety
fa(;mti~e:l rr::::y be allowed, providing standards
for approval (LDCA 96-111
13. Public Hearing & First Reading Ord. #6045-
96 - Amending Sees. 40.103, 40.324,
40.365, 40.384, 40.404 & 41.053, to allow
bed and breakfast inns as a conditional use in
-:) the RM-1 0 District, CN District, Beach
Commerical District, and CR-24 & CR-28
Districts (LDCA 96-09)
14. Variance{sl to Sign Regulations for property
(Lokey Oldsmobife) located at 2339 Gulf to
Bay Blvd., Sec. 18-29-16, M&B 31.05 &
31.06 (Nell M. Lokey, Donald O. McFarland,
Mangus Flaw, Jr., and Barnett Bank Trust
CO'f N.A. - Co-Trustee/Trust of Earle B.
Lokey, SV96-10)
. J 6/20/96
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11. Approved excluding Development Agreement.
Ords. #6051-96 & #6052-96 passed 1 st
reading. Developmen~ Agreement continued
to Special Meeting of 7/15/96.
12. Approved. Ord. #6044-96 passed 1 st
reading.
13. Approved. Ord. #6045-96 passed 1 st
reading.
14. Approved variance requests for: 17,55' to
permit an auxiliary sign on a parcel with
482.45' of frontage, and 75' to permit a
separation distance of 225' between the
primary freestanding sign & the auxiliary
freestanding sign subject to the following
conditions: 1) freestanding signage shall be
limited to 3 signs containing 83, 44.7 & 32
sq. ft.; 2) a Unity of Title shall be filed for all
3 "parcels" solely with regard to the
allowable signage; 3) the 32 sq.ft. auxiliary
sign shall be removed if the number of new
car franchises on the combined site falls to
less than 2; and 4) the 32 sq.ft. auxiliary sign
shall be removed if all site work associated
with the certified site plan and conditional
use permit approvals has not been completed
by 1/31/97.
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")15. (Cant. from 6/6/96) 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 (LOCA95-20, Z96-01)
15. Continued to 7/18/96.
Public Hearing - Second Reading Ordinances
16. (Cant. from 3/21 & 4/18/96) Ord. #5972-96 16. Ord. #5972-96 adopted as amended.
- Amending Secs. 35.11, 40.424, 40.434,
40.444, 40.464, 40.474, 40.503, 40.523 &
41 .053 - LOCA establishing "Research and
Technology Production Uses" (LDCA96-02)
17. Ord. #5990-96 - land Use Plan Amendment 17. Ord. #5990-96 adopted.
to Commercial General for property located at
401 S. Belcher Rd., Sec. 18-29-16, M&B
23. 11 (Gerry Staring / Natalie Moyles,
Trustee, lUP96-0 1 )
18. Ord. #5989-96 - CG Zoning for property 18. Ord. #5989-96 adopted.
located at 401 S. Belcher Rd., Sec. 18-29-
16, M&B 23.11 (Gerry Staring I Natane
,,..0..... Moyles. Trustee, Z96-02)
'.,~ 9. Ord. #6032-96 - Land Use Plan Amendment 19. Ord. #6032-96 adopted.
to Institutional 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 PineUas County I Fusco
Management Corp. 1 Property Capital Trust,
LUP96-03)
20. Ord. #6033-96 - P/SP Zoning for property 20. Ord. 116033-96 adopted.
located approx. 330' east of Greenwood
Ave., Georgas Sub., Lots 5-10, Sec. 22-29-
15, M&B 21.05 (School Board of Pinel1as
County / Fusco Manage~ent Corp. / Property
Capital Trust, Z96-05) ,
21. Ord. #6034-96 - Land Use Plan Amendment 21. Ord. #6034-96 adopted.
to Institutional for property located at 1142
'Lakeview Dr., Sec. 22-29-15, M&B 21.10
(School Board of Pinel/as County I Pinellas
Board of Public Institution, LUP96-02)
22. Ord. #6035-96 - PISP Zoning for property 22. Ord. #6035.96 adopted.
located at 1142 Lakeview Dr., Sec. 22-29-
15, M&B 21.10 (School Board of Pinellas
County / Pinellas Board of Public Institution,
Z96-04)
,
V6/20/96 3
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j located at 2275 Manor Blvd. N., Clearwater
Manor, Lot 85 (McClure, A96-20)
24. Ord. #6037.96 - RS.8 Zoning for property
located at 2275 Manor Blvd. N., Clearwater
Manor, Lot 85 (McClure, A96-20)
25. Ord. #6040-96 - Annexation for property
located at 2192 Dell Ave., Pine Dell Sub., Lot
2 (Cruz, A96-18)
26. Ord. #6041-96 - RS-8 Zoning for property
located at 2192 Dell Ave., Pine Dell Sub., Lot
2 ICruz, A96-18)
27. Ord. #6042-96 - Annexation for property
located at 1 517 W. Virginia Lane, Virginia
Groves Estates 1 st Addition, Blk 10, Lot 2
(Wyllie. Jr. / Knox-Bronson, A96-17)
28. Ord. #6043-96 - 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)
29. 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
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23. Ord. #6036-96 adopted.
24. Ord. #6037-96 adopted.
25. Ord. #6040-96 adopted.
26. Ord. #6041-96 adopted.
27. Ord. #6042~96 adopted.
28. Ord. #6043-96 adopted.
29. Ord. #6048~96 adopted.
CITY MANAGER REPORTS
CONSENT AGENDA (Items #30-48) - Approved as submitted less #s 37, 39. 43 & 47.
The following items require no formal public hearing and are subject to being approved in a single
motion. However, any City Commissioner or the City Manager may remove an item from the Consent
Agenda to allow discussion and voting on the item individually.
30. Contract Renewal for purchase of misc. office supplies with Smith Wilson Company, Orlando, FL,
for the period 7/1/96-6/30/97, at standard discount of 57.50% from catalog list price, at an est.
$88,000 (FNl
31. Pipeline Crossing Agreement with CSX Transportation, Inc., Jacksonville, FL, to secure natural gas
easement across CSXT's r-o~w at 500 Jones Street, Clearwater, FL, at a cost of $1,650 (GAS)
32. Contract extension for installation of polyethylene gas mains & service lines to Heuer Utility
Contractors, Inc., Clearwater, FL, for the period 6/21/96-6/20/97, at an est. $867,750 (GAS)
33. Ratify/Confirm City Manager's approval of a 10% increase in Heuer contract for additional funding
of up to $86,775 for a total of $954,525 for installation of gas mains and service lines (GAS)
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',,34. Purchase of three 1996 automated side looder refuse collection trucks from Crane Carrier
! Company, Tulsa, OK, for $391,629; financing to be provided under city's master lease-purchasA
agreement (GS)
35. Contract for custodial services to Detail Cleaning Services, Palm Harbor, FL, for the period
7 /15/96~ 7 /14/97, at an est. $ 91,800 (GS)
36. Purchase of one 1997 Ford Truck Tractor from Heitzelman's Truck Center, Inc., Orlando, FL, for
$62,745; financing to be provided under city's master lease-purchase agreement (GS)
37. Contract for holiday decorating services to Clark Sales Display, Inc., for the period 12/1/96~
1/15/2001, for $70,200 (PR) - CONTINUED
38. Contract for Carpenter Field Clubhouse renovations to Oakhurst Construction Co., Inc., Seminole.
FL, for $621,647; approve additional funding of $698,147 at mid~year budget review (PR)
39. Recommend deny request from Clearwater Bambers for continuation of grant program whereby
the City would contribute $1 to the Bombers for every $10 in cash or in specific in-kind services
the Bombers receive as donations from the private sector up to a maximum City contribution of
$10,000 during FY 1995/96 (PR) - CONTINUED
40. First Amendment to Lease Agreement dated 6/7/94 with Stone Buick, Inc., of lease premises in
Gibsons Clearwater Heights and Janie Daniels subdivisions, wherein Stone Buick will vacate
existing structures and apnrox. 40% of present lease premises by 8/30/96, in consideration of
which the City will adjust the monthly rent from $3,500 to $1,600 effective 9/1/96, and extend
the lease term 2 additional years from 5/6/97-5/6/99, with all other terms and conditions of said
lease remaining unchanged tEN)
41. Supplemental Agreement No.2 to agreement for professional services for Highland Avenue
widening with HDR Engineering, Inc., for $561,085 (EN)
. 42. Receipt/Referral - LDCA specifying density calculations for nursing homes be computed on basis of
\.,~:) 3 residents equals 1 unit,' and parking for nursing homes be provided on basis of 1 space per 3
residents (LDCA 96-1 4}(CP) .
43. Agreement with James C. Massie, extending lobbyist services for the period 6/26/96-6/25/971 for
$17,549 plus reasonable and necessary out-at-pocket expenses (eLK) ~ GO OUT FOR RFQ,
REQUEST MASSIE CONTINUE UNTIL RESULTS OF RFQ DETERMINED
44. Sidewalk Easement - Robinwood Sub., Blk Bf Lot 2 ICornerstone Communities, Ine.HCAI
45. Public Utilities Easement - Sec. 5-29-16 (GTE Florida, Inc.HCA)
46. Approve $2,000 to Clearwater Festivals for 7/96 Fourth of July Celebration
47. Confirm terms of PAC Commission appointees - Mayor Garvey ~ 1 year term; Commissioners Clark
& Johnson - 2 year terms - CORRECTION TO BACKGROUND, JOHNSON (NOT HOOPER) -
APPROVED
48. Confirm appointing Mayor Garvey as Florida League of Cities voting delegate
OTHER ITEMS ON CITY MANAGER REPORT
49. First Reading Ord. #6054-96 - reducing the
easement granted by City of Clearwater
Ordinance 116 to the successor of the
Tampa & Gulf Coast Railroad, CSX
Transportation Incorporated; approve
agreement with Pinellas County for the
Pinellas Trail and sidewalk construction from
Belleview Boulevard to Jones Street (EN)
'-.J 6/20/96
49. Approved. Ord. 116054.96 passed 1 st
reading.
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/~o. Res. 96-42 - authorizing execution of Joint
'OJ Participation Agreement with FOOT to
refurbish Aircraft Hangar" A" at Clearwater
Airpark tEN)
51. Contract for reconstruction of Highland
Avenue, from North of Gulf to Bay Blvd. to
North of Sunset Point Rd., to Overstreet
Paving Company, Largo, FL, for
$4,281,069.56 (EN)
52. Mid-Year Budget (eM)
a) First Reading Ord. #6056-96 - Amending
the Operating Budget for Fiscal Year
ending 9/30/96
b) First Reading Ord. #6057-96 - Amending
the CIP Report and Budget for Fiscal Year
ending 9/30/96
53. Approve expenditure of $498,400 needed for
completion of the redefined Harborview
Center, and the list of betterments for an
additional authorization of $232,500, and
approve an interfund loan in the amount of
$730,900 from the Central Insurance Fund,
bearing interest at the cash pool rate, to be
,;4~',\ repaid from Penny for Pinellas collections in
!_~ FY 1 999
54. Development Code Adjustment Board - 1
appointment (eLK)
55. North Greenwood Community Task Team
56. Adding levels to Municipal Services Complex
IMSC) Parking Garage
57. Other Pending Matters
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50. Approved. Res. #96-42 adopted.
51. Approved.
52. Approved.
a) Ord. #6056-96 passed 1 st reading.
b) Ord. #6057-96 passed 1 st reading.
53. Approved.
54. Continued. City Attorney directed to update
membership requirements.
55. Accepted NGCTT's mission statement;
appointed David Grice, Reverend Lucius Pitts
& Tal Rutledge; and approved allowing the
team to appoint additional members to a
maximum of 15 total members.
56. No Action.
57. None.
CITY ATTORNEY REPORTS
58. First Reading Ordinances
a) Ord. #6058-96 - Relating to registration of
lobbyists, Amending Sec. 2.700 to revise
definitions of boards and lobbying; Amending
Sec. 2.701 to add two-day grace period to
registration requirements
a) Ord. #6058~96 passed 1 st reading.
59. Other City Attorney Items - A~~orney/Cllent session ra Atrium of Clearwater, ltd. vs City & eRA
scheduled for 7/15/96 at 1 :00 p.m.
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60. City Manager Verbal Reports
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Consensus to approve temporary move of Police substation to Memorial Civic Center.
Consensus to ballot Marlo Boulevard neighborhood re connection to landmark Drive with one
vote per household.
61.
Other Commission Action
Se.el requested beach streetscape design be discussed at a Community Meeting. Meeting
scheduled for 7/17/96 at 7:00 p.m. Location to be announced. ,
.se.aI reported DDB plans to develop a downtown plan model for $7,000. Commission invited to
attend DDB seminars on signs, storefronts, and streetscapes. Mayor suggested a computer
designed model may be less expensive. .
s.em complimented Scott Shuford and Alan Ferri for their economic development presentation to
6/19/96 PPC meeting.
Hooper suggested an employee contest to rename Municipal Services building. Consensus to
pursue.
~ offered sympathy to Cline and McMullen families for their recent loss.
62. Adjournment - 9:50 p.m.
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CITY COMMISSION MEETING
CITY OF CLEARWATER
June 20, 1996
Present:
Rita Garvey
J. B. Johnson
Robert Clark
Ed Hooper
Karen Seel
Elizabeth M. Deptula
Kathy S. Rice
Pamela K. Akin
Scott Shuford
Rich Baier
Cynthia E. Goudeau
Patricia O. Sullivan
Mayor/Commissioner
Vice-Ma yor /Commissioner
Commissioner
Commissioner
Commissioner
City Manager
Deputy 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 Pastor James Horn of St. Paul's Lutheran Church. The Mayor led the Pledge of
Allegiance.
To provide continuity for research, items are In agenda order although not necessarily
discussed in that order.
<;;> ITEM #3- Service Awards
One service award was presented to a City employee
Melvin Acton, Fire Department, was presented the June 1996 Employee of the
Month award.
Althea Andersen, Library, was presented a retirement award.
ITEM #4 - Introductions and Awards - None.
ITEM # 5- Presentations
a) Environmental Advisory Board (EAB) - Annual Report
Jill Melkonian, EAB Chair, presented the annual report and reviewed the board's
history. The EAB identifies and assesses significant environmental objectives and makes
recommendations to the City Commission regarding selected environmental programs and
projects. She reported the EAB had created a policy manual. The EAB worked with Lou
Hilton regarding additions to the Conservation Element of the Cityts Comprehensive Plan.
The EAB recommends the City Commission review the undeveloped properties' list and
include it in the Comprehensive Plan. EAB members are interested in assisting the City
review the downtown lake project, stormwater, and reclaimed water. Ms. Melkonian
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thanked Assistant Director of Engineering/Environmental Tom Miller for his dedication and
patience and the City Commission for forming the board. The Mayor thanked Ms.
Melkonian and EAB members for their input.
b) Ruth Eckerd Hall
Nancy Sullivan Skinner, Executive Director and Chief Executive Officer of Ruth
Eckerd Hall, requested the City include $3-million for Ruth Eckerd Hall in its request for
Penny for Pinellas funds. She reviewed community support for the facility and reported
the economic impact of the arts in Tampa Bay has been estimated at more than $120-
million. She estimated Ruth Eckerd Hall has an annual local impact of more than $15-
million. Ms. Skinner reported the facility has operated in the "black" for the last six years.
She indicated $12-milllon in improvements will keep the hall accessible and safe for all.
The Mayor indicated the City Commission will be discussing this issue in the future.
ITEM #6 - Aooroval of Minutes
Commissioner Clark moved to approve the minutes of the regular meeting of June
6, 1996, as recorded and submitted in written summation by the City Clerk to each
Commissioner. The motion was duly seconded and carried unanimously.
iTEivi #7 - Citizens to be heard re items not on the AQenda
(,:~.)
'.";'.
Tom Sehlhorst requested the City stop foreclosure proceedings on his property. He
said two months ago, he learned a lien had been attached 7 years previously. He said he
had checked with the Property Appraiser five times but had found no indication of a lien.
He said the lien originally was recorded improperly and he got his first bill 7 years after the
fact.
Lucius Pitts noted City spending for the Harborview Center and plans for a
downtown lake. He questioned when the results of Stevenson's Creek testing would be
released and when Stevenson's Creek would be dredged. He questioned if the City
Commission would reconsider the location of the reclaimed water tank planned for the
Marshall Street site.
Consensus was to not reconsider the location.
Sybil OsburQ questioned when the Clearwater beach swimming pool would be built.
The City Manager indicated the City Commission had specifically stated money for a pool
would be budgeted within two-years. She said money will be budgeted for a location
study and design. She predicted construction will begin in May 1997.
John Tassinari complained he had been issued a citation for not cutting the gras~ on
his right-of-way. He said he identified more than 50 City owned properties with violations
worse than his when driving through Clearwater. He said the street is not safe and stated
he no longer will maintain the right-of-way. He said he has filed papers twice asking for a
hearing.
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Bridget Tassinari said her husband broke a lawnmower while maintaining the right-
of-way due to a pipe the City had installed. She said they should not have to pay to repair
the lawnmower. She said her husband had fallen into the street before. She said they are
willing to maintain their property but questioned why they have to keep up City property.
PUBLIC HEARINGS
ITEM #8 - Second Reading - Ord. #6046-96 - Granting to GTE Media Ventures Inc. the
permission to occupy municipal streets and rightswof-way in the City of Clearwater as a
means of providing cable television services; prescribing the terms and conditions
accompanying the grant of fr~nchjse; and prescribing penalties for the violation of its
proYlsions; proYlding 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-ot-way for 10 years. GTE will pay a 5% franchise fee, the
highest allowed by law. This rate can be changed it the law changes or jf 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, Currently Court and Cleveland
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) Harboryiew Center; 71 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-ofwthewart 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 w $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
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
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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.
The City Attorney presented Ordinance 116046-96 for second reading and read it by
title only. Commissioner Johnson moved to pass and adopt Ordinance 116046-96 on
second and final reading: The motion was duly seconded
Commissioner Clark noted the City is close to reaching an agreement with Time
Warner and a "level playing field" has been established. The City Attorney said the parties
have made substantial progress and are close to agreement. Tim Johnson, representative
for Time Warner, agreed with the City Attorney.
Upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel and Garvey
"Nays": None.
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ITEM #9 - Public Hearing & First Readina Ord. #6053-96 - Vacating portion of utility
easement lying on Lots 3, 4, & 13, Pine11as Groves. SW ~ Sec. 1- 29-1 5 (City, V9 G-06}
This easement, on land owned by Pinellas County, is known as the II Alligator Creek
Multi-Use Facility." Pine lias County constructed a drainage 1m provement project on this
land. To complete the project, a potion of the City's 12~inch sanitary sewer line that
crosses the County's land, had to be relocated at County expense. At Pinellas County's
request, Engineering Services initiated the vacation. Pinellas County is preparing an
easement for the City regarding the relocated sewer line. Public utilities have reviewed the
request and have no objections to the vacation. The City Engineer recommends approving
this vacation request.
Commissioner Johnson moved to approve the City's request to vacate a 15-foot
utility easement lying on the West 7.5 feet of the South 166 feet of Lot 3, the East 7.5
feet of the South 1666 feet of Lot 4 and the East 15 feet of the North 162 feet of Lot 13,
of Pinellas Groves Subdivision of the Southwest one quarter of Section 1, Township 29
South, Range 15 East. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #6053.96 for first reading and read it by
title only. Commissioner Seel moved to pass Ordinance #6053-96 on first reading. The
motion was duly seconded and upon roll call. the vote was:
nAyes": Johnson, Clark, Hooper. Seel and Garvey.
"Nays": None.
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ITEM #10 - Public Hearing & First Reading Ord. #6050-96 - Vacating North 10' of existing
30' drainage & utility easement lying South of & adjacent to Lot 13, Blk 6, Revised Plat of
Brookwood Terrace Sub., less East 5' (St. Vincent DePaul, V96-08)
The existing Drainage and Utility Easement was retained when the platted right-of-
way for Park Street was vacated in 1960. The applicant proposes to build a 8,200 square
foot homeless shelter. The building and handicap ramp will encroach approximately 10
feet into the easement. The City has no existing utilities within the easement. Public
utilities have no objections to the vacation. The City Engineer reviewed comments
submitted by the reviewing departments and recommends approval of the applicant's
request.
Chief Klein, representing the Clearwater Homeless Intervention Program,
recommended approval of this item.
Commissioner Hooper moved to approve the applicant's request to vacate the North
, O-feet of the existing 3D-foot drainage and utility easement, lying South of and adjacent
to Lot 13, Block 6, Revised Plat of Brookwood Terrace Subdivision, less the East 5 feet
thereof. The motion was duly seconded and carried unanimously.
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The City Attorney presented Ordinance 116050-96 for first reading and read it by
title only. Commissioner Clark moved to pass Ordinance 116050-96 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 - Public Hearinq & First Readinq Ords. #6051-96 & #6052-96 - Annexation &
Zoning (OL - Tract A, M&B less S 509' m.o.l.), (RPD5 - Tract B, M&B less N 160' m.o.l.)
for property located on E side of Landmark Dr., approx. 650' S of Enterprise Rd., Sec. 33-
29-16, M&B 22.011; and Development Agreement with James A. and Hazel E. Vogel to
authorize development af up to 34 Single Family Residential Units and up to 14,160 sq. ft.
of Office Floor Area: and Res. #96-45 - approving the development agreement with
James A. and Hazel E. Vogel (A96-21)
The applicant has requested annexation and proposed zoning of Limited Office (OL)
for Tract A and Residential Planned Development "Five" IRPD-5) for Tract B for property
on the East side of landmark Drive approximately 650 feet South of Enterprise Road to
develop the property: 1) as an 11,000 square foot one-story office complex for Tract A
and 2) a 34 (maximum) unit single-family ResidentiDI Planned Development for Tract B
with dedication of right-at-way to the City.
On June 18. 1996. the Planning & Zoning Board unanimously endorsed the request.
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The Vogel family owns approximately 8.04 acres on the East side of the Landmark
Drive extension. The City is constructing an extension of Landmark Drive to the City's
proposed Lake Chautauqua Park. The Vogel family ond City jointly are contemplating a
development agreement that is beneficial to the City and for the Vogel family.
Benefits to the City include: 1} obtaining a 30-foot wide right-of-way section to
allow Landmark Drive to be centered in the new 70 foot right-of-way; 2) annexing
residential and office property into the City; and 3) obtaining landscape buffering along
Landmark Drive. Benefits to the property owners in the form of City concessions include:
1) construction of Landmark Drive extension by the City allowing access to the subject
property; 2) ala foot reduction in the proposed residential subdivision internal right-of-way
width from the standard GO-foot requirement; 3) a reduced width for corner lots; and 4) a
reduced "corner side" setback of corner lots of 1 O-feet versus the standard 25-feet.
Residents of the surrounding subdivisions view "centering" Landmark Drive as important.
The developer's requested concessions are relatively minor, generally paralleling Pinellas
County development standards. '
Central Permitting Director Scott Shuford said the development agreement will be
continued. Public Hearings will be scheduled for July 15. 1996, and July 18, 1996. He
said the issue is time sensitive. He felt the two zoning changes are appropriate and
recommended approval.
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Marcus Vernon, representative for the applicants, said he did not object to
considering the zoning changes as long as they are contingent on the Development
Agreement. The City Attorney stated the second reading for the zoning changes and
Development Agreement currently are scheduled for July 18, 1996. The Development
agreement can be read prior to the annexation and zoning changes.
Mr. Vernon noted concerns: 1) Landmark Drive setbacks - He said the easement
granted for sidewalks, etc. originally was 1 O-feet but a recent staff version indicated the
easement is no less than 15-feet; 2) Landmark Drive design - Mr. Vernon said the road will
be dangerous as it will not be crowned nor have curbs. He felt the road should be built to
subdivision standards if the Vogels forego their rights to access to Saber Drive; 3) early
initiation of development - Mr. Marcus requested assurance infrastructure is available for
the development; and 4) agreement reference to zonings or variances - He said upon
adoption, zoning should be approved and no variances required as long as the development
proceeds under contemplated uses. Mr. Shuford said staff will meet with Mr. Marcus
regarding these issues.
Commissioner Johnson moved to approve the Petition for Annexation and Zoning
Atlas Amendment to Limited Office (OL) for Tract A and Residential Planned Development
"Five" (RPD-5) for Tract B for M&B 22-011 in Section 33-28S-16E. The motion was duly
seconded and carried unanimously.
The City Attorney presented Ordinance 116051-96 for first reading and read it by
title only. Commissioner Clark moved to pass Ordinance #6051-96 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.
The City Attorney presented Ordinance 1/6052-96 for first reading and read it by
title only. Commissioner Hooper moved to pass Ordinance 116052-96 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 #12 - Public Hearina & First Reading Ord. #6044.96 - LDCA defining "public safety
facility," identifying zones where public safety facilities may be allowed, providing
standards for approval (LDCA 96.11)
This ordinance was prepared to address issues identified by ppe (Pinellas' Planning
Council) staff upon review of recently adopted City Ordinance #5971-96 revising the
definition of "utility facility" to include police substations.
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The ordinance: 1) provides a definition of "public safety facility" which broadly
includes police substations and other similar uses; 2) identifies "public safety facilities" as
a permitted use in the Urban Center Core. Urban Center Eastern Corridor. and Public/SemI-
public districts and as a conditional use in residential, office, commercial and industrial
districts and provides standards for approval; and 3} specifies the applicability of area
thresholds set forth in the Rules Concerning the Administration of the Countywide Future
Land Use Plan as Amended.
On June 4, 1996. the Planning & Zoning Board unanimously endorsed the request.
Commissioner Johnson moved to approve Land Development Code amendment
defining "public safety facility" identifying zones where public safety facilities may be
allowed, providing standards for approval. The motion was duly seconded and carried
unanimously.
The City Attorney presented Ordinance 116044-96 for first reading and read it by
title only. Commissioner Clark moved to pass Ordinance 116044-96 on first reading. The
motion was duly seconded and upon roll call, tile vote was:
"Ayes": Johnson, Clark, Hooper, Seal and Garvey.
"Naysll: None.
ITEM #13 - Public Hearina & First Readina Ord. #6045-96 . Amending Sees. 40.103,
40.324, 40.365, 40.384, 40.404 & 41.053, to allow bed and breakfast inns as a
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conditional use in the RM.'O District, eN District, Beach Commercial District, and CR~24 &
CR-28 Districts (LDCA 96-09)
Staff concurs with John Doran's request to include bed and breakfast inns as a
conditional use in the Beach Commercial District. Staff also proposes to allow bed and
breakfast inns as a conditional use in four other zones where no accommodation for this
use currently exists: 1) Multiple-FamIly Residential "Ten"; 2) Neighborhood Commercial
District; 3) Resort Commercial 24; and 4) Resort Commercial 28. The use will be
compatible with other uses in these districts and may create sOlne additional development
opportunities consistent with the City's economic development goals.
The 50% floor area limitation (Section 41.053(dll has been revised to applv to
single family uses only. Section 41.053(e) has been revised for clarity.
On June 4, 1996, the Planning & Zoning Board unanimously endorsed the request.
Commissioner Johnson moved to approve the Land Development Code amendment
for bed and breakfast inns as a conditional use Within the Multiple Family Residential 10
District, Neighborhood Commercial District, Beach Commercial District, and Resort
commercial 24 and 28 Districts. The motion was duly seconded and carried unanimously.
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The City'Attorney presented Ordinance 116045-96 for first reading and read it by
title only. Commissioner Johnson moved to pass Ordinance #6045~96 on first reading.
The motion was duly seconded and upon roll catt, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel and Garvey.
"Nays": None.
II
ITEM #14 - Variance(s) to Sian Regulations for property (Lolcey Oldsmobile) located at
2339 Gulf to Bay Blvd., Sec. 18.29-16, M&B 31.05 & 31.06 (Nell M. Lokey, Donald O.
McFarland, Mangus Flaw, Jr., and Barnett Bank Trust Co., N.A. - Co-Trusteerrrust of Earle
B. Lokey, SV96-'0)
This prop'erty, on the South side of Gulf-to~Bay Boulevard, is zoned General
Commercial. The applicant requests two variances to permit an additional freestanding
sign. The variances are requested to permit placement of a sign identifying the new Lokey
Volkswagen dealership.
This application involves property that previously received freestanding sign
variances. On June 16. 1994. the entire Lokey property. including the Oldsmobile,
Volkswagen, and used car sites received variances to allow a total of two freestanding
signs for the combined properties subject to the condition that no additional signs would be
allowed: an area variance of 19 square feet to allow an 83 square foot primary sign and
12.7 square feet to allow a 44.7 square foot auxiliary sign. The combined Lokey sites
have approximately 750 feet of frontage on Gulf-to.Say Boulevard.
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- "\ Until the early 1 990s, the Lokey Oldsmobile and used car sites were separated by a
MHP (Mobile Home Park) and were eligible for their separate freestanding signs. The
dealership acquired the intervening MHP entryway area along Gulf-to-Bay Boulevard and
converted it to auto sales use. Volkswagens and used cars currently Bre displayed on this
unimproved property. Under provisions of the site plan and Planning & Zoning Board
conditional use permit action, Lokey is required to improve this property including some
off-site construction to provide safe access to and fire protection for the MHP. According
to the certified site plan, permits for this work must be obtained by January 1997. The
certified site plan also required the recordation of a unity of title linking the three parcels.
This document has not yet been filed.
Technically, the sign variance application is correct, absent the required unity of
title. The application is for a primary and auxiliary sign for the "main" Oldsmobile property,
with a "primary" sign for the remaining two parcels. Carried to its logical conclusion, the
"remainder" property would be eligible for a 64 square foot sign instead of the 44.7
square foot sign granted by variance. If Parcel A (the Oldsmobile site) and Parcel B {the
unimproved former MHP site) are combined and Parcel C (the used car site) is viewed as a
separate parcel. three signs would be permitted totaling 160 square feet (64sf + 64sf +
32sf). The proposal could be considered as a "wash," with the proposed three signs
containing a total of 159.7 square feet (83sf + 44.7sf + 32sfJ.
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Surrounding automobile dealerships have the freestanding sign allowances. Carlisle
has a 9 square foot allowance to allow a 73 square foot sign. That property has
approximately 950 feet of frontage on GulHo-Bay Boulevard. Dayton-Andrews meets all
City freestanding sign requirements without variance. The Dayton-Andrews property has
approximately 800 feet of frontage on GulHo-Bay Boulevard. Both dealerships have single
new car franchises and both properties have conforming auxiliary signs.
Considering the Commission's condition of variance approval prohibits additional
signs, staff cannot recommend approval of this request. In addition, staff is concerned
with the equity problem involving the nearby dealerships as Lokey already has more
signage and less frontage than the other two.
E.D. Armstrong. representative for the applicant. said the dealership would be
entitled to a second sign if it had 18 more feet of frontage. He felt circumstances justify
granting the variance. He pointed out the Lokeys have brought a new franchise to the City
and now have two franchises on the property. The franchise agreements require
independent sign. He said Dayton Andrews sells new and used cars; Lokey sells two
companies' new cars and used cars. He said Carlisle has more frontage but sells only one
company's cars and used cars. Mr. Armstrong said his clients intend to comply with the
sign code. Their request is for 159.7 square feet of signage. They are permitted 160
square feet. He felt the condition applied to the last variance approval to be highly
unusual. He said the condition is fundamentally unfair because it required the applicant to
waive future rights to request a variance. He requested the variance be approved.
The Mayor questioned why the condition is no longer valid as the applicant
accepted it two years ago. Mr. Shuford said the City cannot uphold conditions denying a
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property owner the opportunity to apply for a variance. He noted the applicant may wish
to adjust the size of the signs in the future. He agreed circumstances have changed but
noted the condition is one reason staff recommended denial. The Mayor pointed out the
Lokey property has less frontage and more signs than other area automobile dealerships.
Mr. Armstrong said the City Commission had imposed a condition more intense than
conditions placed upon any other applicant. He suggested this property is the only one in
the City with that restriction. He suggested other automobile dealerships who bring
additional franchises to Clearwater also should be able to request another sign.
In answer to a question regarding the imposed condition, Mr. Shuford felt the intent
was to prohibit additional free standing signs. Mayor Garvey noted the condition is a basis
for denial of this request. Commissioner Johnson felt the decision should be fair and noted
the City recently turned down requests by Carlisle and Dayton Andrews. A reduced size
for the requested Carlisle entrance sign had been approved. Mr. Armstrong said two
businesses on SR 60 have two free standing signs. He reiterated the property is just 18
feet short of qualifying for a second sign by right. In answer to a question, Mr. Shuford
said the general trend has been Oto allow less separation than authorized by code.
Commissioner Seel questioned if the current three signs are legal. Mr. Armstrong
said they are legal. He noted all three parcels are not owned by the same Lokey entity and
felt the site "stand alone." He said the applicant placed the VW sign over his used car
sign because Volkswagen had threatened to revoke his franchise because of lack of
signage. The applicant wants to replace his used car sign.
':,:::;> Commissi oner Hooper questioned if Lokey is providing' emergency access to the
MHP. He noted access eventually will be from Druid Road East instead of Gulf-to-Bay
Boulevard. He requested prompt installation of the fire hydrant required to service the
MHP. Mr. Armstrong verified photographs of the property presented him by Mr. Shuford.
He said emergency vehicles can access the MHP. He noted the applicant has until January
1997 to pull the permits to complete the work required by numerous conditions placed on
the Parcels B & C which are covered by a single site plan. Mr. Shufora said the
dealership's conditional use permit included a condition to link Parcels A. B, & C together
in a Unity of Title. He said based on the site plan, Parcels B & C can stand alone. He said
the site is essentially one dealership separated by the MHP. Mr. Shuford noted the request
also is for a separation variance.
Commissioner Hooper moved to approve variances of 1) 17.55 feet to permit an
auxiliary sign on a parcel with 482.45 feet of frontage and 2) 75 feet to permit a
separation distance of 225 feet between the primary freestanding sign and the auxiliary
freestanding sign on property identified as Section 18-29-16, M&B 31.05 and 31.06, for
meeting Sec. 45.24 Standards for Approval, items (1) . (4). The motion was duly
seconded.
Mr. Shuford recommended conditions of approval: 1) freestanding signage shall be
limited to three signs containing 83, 44.7, and 32 square feet; 2) a unity of title shall be
filed for all three "parcels" and shall include a reference to the allowable signage; 3) the 32
square foot auxiliary sign shall be removed if the number of new car franchises on the
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combined site falls to less than two; and 4) the 32 square foot auxiliary sign shall not be
erected until all site work associated with the certified site plan and conditional use permit
approvals has been completed.
Mr. Armstrong accepted Conditions II 1 and 1t3 but requested the Unity of Title
referred to in condition 1/2 apply only to signs. He opposed Condition 114, linking the
completion of the site to the sign. In answer to a question, Mr. Shuford said the applicant
had been granted a standard period of approval. He suggested the applicant agree to
complete work by January 1997, not just pull the permit. Mr. Armstrong agreed to that
recommended condition.
Mr. Hooper agreed to amend his motion to be subject to the following conditions:1)
freestanding signage shall be limited to three signs containing 83, 44.7, and 32 square
feet; 2) a unity of title shall be filed for all three "parcels" solely with regard to the
allowable signage; 3j the 32 square foot auxiliary sign shall be removed if the number of
new car franchises on the combined site falls to less than two; and 4) the 32 square foot
auxiliary sign shall be removed if all site work associated with the certified site plan and
conditional use permit approvals has not been completed by January 31, 1997. The
seconder agreed. Upon the vote being taken, Commissioners Clark, Seel, Hooper, and
Mayor Garvey voted trAya"; Commissioner Johnson moved "Nay." Motion carried.
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ITEM #15 - ICont. from 6/6/96) Public Hearing & First ReadinQ: 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 tor Downtown Urban Core districts
(LDCA95-20, 296-01)
Mr. Shuford noted Harry Cline, who had expressed an interest in these issues, could
not be present due to a death in his family. He recommended continuing the item. In
answer to a question, he said a new agenda item was issued due to an error in some of
the legal descriptions, changes added to the ordinance, the Calvary Baptist Church child-
care issue, and to correct the 220-foot height reference.
Commissioner Clark moved to continue this item to July 18, 1996. The motion
was duly seconded and carried unanimously.
Public Hearing - Second Readinq Ordinances
ITEM #16 - tCont'd from 03/21 & 04f18/961 Ord. #5972-96 - Amending Sacs. 35.11,
40.424,40.434,40.444,40.464,40.474,40.503,40.523 & 41.053 - LDCA
establishing "Research and Technology Production Uses" (LDCA96~02)
The City Attorney presented Ordinance 115972~96 for second reading and read it by
title only.
Mr. Shuford said the proposed amendment ensures the City's standards are similar
to those of the PPC (Pinellas Planning Council).
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Commissioner Hooper moved to make language changes in Sec. 41.523. Permitted
uses: 1) insert II and type 11 after IIvolume" in subsection (1 5 Hbl; 2) insert "and this use is
only allowed within the infjIJ commercial districts classified as Commercial General in the
City's Comprehensive Plan" before the semi-colon in subsection (15)(d); 3) insert "and
type" after "volumell in subsection (29.1 )(b): 4) delete "and" at the end of subsection
(29.1 )(c)~ 5) add new subsection (29.1 Hd): "in all applicable commercial zoning districts,
this use only is allowed if located within the Commercial General category as designated in
the City's Comprehensive Plan; and"; and 6) renumber subsection (29.1 )(d) to (29.1 )(e).
The motion was duly seconded and carried unanimously.
Commissioner Johnson moved to pass and adopt Ordinance #5972-96 as amended
on second and final reading. The motion was duly seconded and upon roll call, the vote
was:
HAyes": Johnson, Clark, Hooper, See! and Garvey
ttNays": None.
ITEM #17 - Ord. #5990-96 - Land Use Plan Amendment to Commercial General for
property located at 401 S. Belcher Rd., Sec. 18-29-16, M&8 23.11 (Gerry Staring /
Natalie Moyles, Trustee, LUP96-01)
This ordinance was read and approved after Item II 18 ~ Ordinance #5989-96.
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The City Attorney presented Ordinance #5990-96 for second reading and read it by
title only. Commissioner Clark moved to pass and adopt Ordinance 115990-96 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 #18 - Ord. #5989-96 - CG Zoning for property located at 401 S. Belcher Rd., Sec.
18-29-' 6, M&B 23.11 (Gerry Staring / Natalie MoyJes. Trustee, 296-02)
This ordinance was read and approved prlor to Item 1117 - Ordinance #5990-96.
The City Attorney presented Ordinance #5989.96 for second feading and read it by
title only. Commissioner Seel moved to pass and adopt Ordinance 115989-96 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 #19 - Ord. #6032-96 - Land Use Plan Amendment to Institutional for property
located approx. 330' east of Greenwood Ave., Georgas Sub.. Lots 5-10, Sec. 22-29-15,
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M&B 21.05 (School Board of Pinellas County / Fusco Management Corp. I Property Capital
Trust, LUP96-03)
The City Attorney presented Ordinance 116032-96 for second reading and read it by
title only. Commissioner Johnson moved to pass and adopt Ordinance 1/6032-96 on
secQnd and final reading. The motion was duly seconded and upon roll caU, the vote was:
"Ayes": Johnson, Clark, Hooper, See! and Garvey
"Nays": None.
ITEM #20 - Ord. #6033-96 - 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
Pinenas Cou~ty J Fusco Management Corp. I Property Capital Trust, Z96-05)
The City Attorney presented Ordinance 116033-96 for second reading and read it by
title only. Commissioner Clark moved to pass and adopt Ordinance #6033-96 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, See! and Garvey
"Nays": None.
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ITEM #21 - Ord. #6034-96 - Land Use Plan Amendment to Institutional for property
located at 1142 Lakeview Dr., Sec. 22~29-15, M&B 21.10 (School Board of Pinellas
County J Pinellas Board of Public Institution, LUP96-02)
The City Attorney presented Ordinance 116034-96 for second reading and read it by
title only. Commissioner Hooper moved to pass and adopt Ordinance #6034-96 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 - Ord. #6035-96 - P/SP 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, Z96~04)
The City Attorney presented Ordinance 116035-96 for second reading and read it by
title only. Commissioner Johnson moved to pass and adopt Ordinance #6035-96 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayestl: Johnson, Clark, Hooper, Seel and Garvey
"Nays": None.
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ITEM #23 - Ord. #6036-96 - Annexation for property located at 2275 Manor Blvd. N.,
Clearwater Manor, Lot 85 (McClure, A96-20)
The City Attorney presented Ordinance #6036-96 for second reading and read it by
title only. Commissioner Hooper moved to pass and adopt Ordinance #6036-96 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 #24 - Ord. #6037-96 - RS-8 Zoning for property located at 2275 Manor Blvd. N.,
Clearwater Manor, Lot 85 (McClure, A96-201
The City Attorney presented Ordinance #6037-96 for second reading and read it by
title only. Commissioner Clark moved to pass and adopt Ordinance 116037-96 on second
and final reading. The motion was duly seconded and upon r01,1 call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel and Garvey
"Nays": None.
l:>
ITEM #25 - Ord. #6040-96 - Annexation for property located at 2192 Dell Ave., Pine Dell
Sub., Lot 2 (Cruz, A96-181
The City Attorney presented Ordinance 116040-96 for second reading and read jt by
title only. Commissioner Johnson moved to pass and adopt Ordinance #6040-96 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. #6041-96 - RS-8 Zoning for property located at 2192 Dell Ave., Pine Dell
Sub., Lot 2 (Cruz, A96-18)
The City Attorney presented Ordinance 116041-96 for second reading and read it by
title only. Commissioner See I moved to pass and adopt Ordinance 116041-96 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 #27 - Ord. #6042-96 - Annexation for property located at 1517 W. Virginia Lane,
Virginia Groves Estates 1 st Addition. Blk 10, Lot 2 (Wyllie, Jr. I Knox-Bronson, AS6-17)
\...)
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The City Attorney presented Ordinance 116042-96 for second reading and read it by
title only. Commissioner Seel moved to pass and adopt Ordinance #6042-96 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 #28 - Ord. #6043-96 - RS-8 Zoning for property located at 151? W. Virginia Lane,
Virginia Groves Estates 1 st Addition, elk 10, Lot 2 (Wyllie, Jr. I Knox-Bronson, A96-1?)
The City Attorney presented Ordinance #6043-96 for second reading and read jt by
title only. Commissioner Clark moved to pass and adopt Ordinance 116043~96 on second
and final reading. The motion was duty seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel and Garvey
"Nays": None.
ITEM #29 - Qrd. #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, a pproved by City Manager and under an annual fuel contract with
the City, to provide petroleum products sold at Clearwater Marina
:"~")
--
The City Attorney presented Ordinance #6048-96 for second reading and read it by
title only. Commissioner Seel moved to pass and adopt Ordinance 1/6048-96 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.
CITY MANAGER REPORTS
CONSENT AGENDA (Items #30-48) - Approved as submitted less #37, #39. #43, and
1147.
ITEM #30 - Contract Renewal for purchase of miscellaneous office supplies with Smith
Wilson Company, Orlando, FL, for the period 07/01/96 -06/30/97, at standard discount of
57.50% from catalog list price, at an estimated $88,000 (FN)
ITEM #31 - Pi Deline Crossinq Agreement with CSX Transportation, Inc., Jacksonville, FL,
to secure natural gas e8sem ent across CS Xl's rwo-w at 500 Jones Street, Clearwater, FL,
at a cost of $1,650 (GAS)
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ITEM #32 - Contract extension for installation of oolvethvlene gas mains & service tines to
Heuer Utility Contractors, Inc., Clearwater, FL, for the period 06/21/96 -06/20/97, at an
estimated $867,750 (GAS)
ITEM #33 - Ratifv/Confirm City ManaCler's approval of a 10% increase in Heuer contract
for additional funding of up to $86,775 for a total of $954,525 for installation of gas
mains and service Jines (GAS)
ITEM #34 - Purchase of three 1996 automated side loader refuse collection trucks from
Crane Carrier Company, Tulsa, OK, for $391,629; financing to be provided under City's
master lease-purchase agreement (GS)
ITEM #35 - Contract for custodial services to Detail Cleaning Services, Palm Harbor, FL,
for the period 07/15/96 -07/14/97, at an estimated $91,800 (GS)
ITEM #36 - Purchase of one 1997 Ford Truck Tractor from Heitzelman's Truck Center.
~, Orlando, FL, for $62,745; financing to be provided under City's master lease-
purchase agreement (GS)
ITEM #37 - See Page 17.
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ITEM #38 - Contract for Caroenter Field Clubhouse renovations to Oakhurst Construction
Co., Inc., Seminole, FL, for $621,647; approve additional funding of $698,147 at mid-year
budget review (PRI
ITEM #39 - See Page 1 7.
ITEM #40 - First Amendment to Lease Agreement dated 06/07/94 with Stone Buick. Inc.,
of lease premises in Gibsons Clearwater Heights and Janie Daniels subdivisions. wherein
Stone Buick will vacate existing structures and approx. 40% of present lease premises by
08/30/96, in consideration of which the City will adjust the monthly rent from $3,500 to
$1,600 effective 09/01/96, and extend the lease term 2 additional years from 05/06/97 -
05/06/99, with all other terms and conditions of said lease remaining unchanged (EN)
ITEM #41 ~ Supolemental Ameement No.2 to aareement for professional services for
Highland Avenue widening with HDR Engineering, Inc., for $561,085 (EN)
ITEM #42 - Receipt/Referral - LDCA specifying density calculations for nursing homes be
computed on basis of 3 residents equals 1 unit, and parking for nursing homes be provided
on basis of 1 space per 3 residents (LDCA 96-14 HCP)
ITEM #43 - See Page 17.
tJEM #44 - Sidewalk Easement - Robinwood Sub" Blk 8. Lot 2 (Cornerstone Communities,
Inc.HeA)
ITEM #45 - Public Utilities Easement - Sec. 5-29-16 (GTE Florida, Inc.)(CA)
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ITEM #46 - AODrove $2.000 to Clearwater Festivals for 07/96 Fourth of Julv Celebration
lTEM #47 - See Paoe 18.
ITEM 1/48 . Confirm aDlJointing Mavor Garvev as Florida LeaQue of Cities voting delegate
Commissioner Clark moved to approve the Consent Agenda as submitted less Items
#37, #39, #43, and #47, continuing Items #37 and #39, and that the appropriate officials
be authorized to execute same. The motion was duly seconded and carried unanimously.
ITEM #37 . Contract for holidav decorating services to Clark Sales Disolav. Inc., for the
period 12/01/96 -01/15/01, for $70,200 (PR)
The City Manager requested this item be continued due to concerns of the Legal
Department.
ITEM #39 - Recommend deny request from Clearwater Bombers for continuation of grant
program whereby the City would contribute $1 to the Bombers for every $10 in cash or in
specific in-kind services the Bombers receive as donations from the private sector up to a
maximum City contribution of $10,000 during FY 1995/96 (PR)
The Bombers' representative sent a letter requesting this item be continued.
'~:)
ITEM #43 - Agreement with James C. Massie, extending lobbyist services for the period
06/26/96 -06/25/97, for $17,549 plus reasonable and necessary out-of-pocket expenses
(elK)
In June 1981, the City entered into an agreement with James C. Massie which
established Mr. Massie as the City's first contract lobbyist. Due to the expiration of the
existing agreement, the FY (fiscal year) 1996/97 agreement is presented for re~
authorization and execution. The FY 1996/97 agreement reflects a 2.84% increase in the
CPl (U.S. Consumer Price Index) as measured from March 1995, to March 1996.
According to the agreement, $4,387 will be paid out of the FY 1995/96 budget and the
remaining $13,162 will be paid out of the FY 1996/97 budget.
Funding for costs in the current year is available under professional services.
Funding for costs to be incurred after September 30, 1996, will be requested in the FY
1996/97 recommended budget.
Mayor Garvey noted former State Senator Curt Kiser had called her regarding
lobbying. Commissioner Seel noted the City changes auditors every five years and
suggested it may be time to consider another lobbyist. The Mayor noted the beach
renourishment funding legislation was accomplished with Mr. Massie's help and suggested
the City Commission consider this issue next year. Commissioner Johnson suggested
approving Mr. Massie's contract and hiring Mr. Kiser to assist with locating funds for the
new Memorial Causeway Bridge if needed. Commissioner Clark questioned why the City
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should pay extra tor someone to work on that issue. Mayor Garvey said Mr. Kiser had
suggested he could help with the bridge issue. Commissioner Johnson pointed out that
Mr. Kiser has a great deal ot experience in Tallahassee.
Commissioner Hooper said Mr. Kiser is excluded trom lobbying until November
, 996. Commissiontlr Hooper polled other lobbyists and the majority of the Pinellas
delegation. He recommended issuing a RFP (Request for Proposals). He also suggested
the City Commission be more involved in State legislation. He said Mr. Massie is only
involved during the two months the legislature is in session. The Mayor said Mr. Massie
does not lobby the Pinellas delegation. She said the City Commission is responsible tor
lobbying their delegation. Commissioner Clark noted Mr. Massie opens doors for
Commission members who visit Tallahassee. The Mayor said Mr. Massie had arranged a
meeting for her with the Speaker of the House and the Governor's aide. She did not
oppose issuing a RFP but felt it should not be issued now.
Commissioner Johnson moved to approve the agreement with James C. Massie
extending lobbyist services for the period June 26, 1996, through June 25, 1997, at a
cost of $17,549 plus reasonable and necessary out-ot-pocket expenses and that the
appropriate officials be authorized to execute same. The motion was duly seconded.
Upon the vote being taken, Commissioner Johnson and Mayor Garvey voted "Aye";
Commissioners Clark, Hooper, and Seel voted "Nay." Motion failed.
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The City Manager noted City Commission direction to issue a RFP and indicated
price not of primary importance. Commissioner Clark suggested allowing Mr. Massie to
respond. Commissioner Hooper agreed Mr. Massie could be reappointed. He noted Mr.
Massie also represents St. Petersburg which may cause conflict at times. The Mayor did
not think the City could hire someone who lobbies exclusively for the City. Commissioners
Clark and Johnson agreed.
The City Manager suggested issuing a RFQ (Request for Qualifications) would be
appropriate. She estimated it will take one month to issue it. Mayor Garvey suggested
maintaining Mr. Massie's contract until results of the RFQ are available as the City has
ongoing lobbyist needs. Commissioner Clark suggested the contract be renewed on a
month to month basis.
Commissioner Clark moved to extend the agreement with James C. Massie for
lobbyist services on a month to month basis until the RFO process is completed and that
the appropriate officials be authorized to execute same. The motion was duly seconded
and carried unanimously.
Commissioner Seel moved to direct staff to issue a RFQ (Request for Oualifications)
for lobbyist services. The motion was duly seconded. Commissioners Johnson, Clark,
Hooper, and See I voted " Aye"; Mayor Garvey voted" Nay." Motion carried.
ITEM #47 - Confirm terms of PAC Commission appointees - Mayor Garvey - 1 year term;
Commissioners Clark & Johnson - 2 year terms
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Section 2.394 of Ordinance #5890-95 (Employees' Pension Plan) provides there
shall be a PAC (Pension Advisory Committee) comprised of seven (7) members: three (3)
elected by employees who are active plan participants; three (3) City Commissioners .QL
City Commission appointees; and 1 member appointed by other six members.
Section 2.394(d)(3) specifies "Terms of office of City Commission appointed
members shall overlap, with two of the members to be initially appointed for Time Warner
years and the third member to be initially appointed for one year.ll
On April 4, 1996, the City Commission appointed Mayor Garvey and Commissioners
Clark and Johnson as their representatives to the PAC. The appointment did not designate
which appointee would have an initial term of one year. The Commission needs to indicate
which one of the initial appointments serves the one year term and which two serve two
year terms. All subsequent term~ shall be two years.
Commissioner Clark noted the third paragraph of the presented background
information identified Commissioner Hooper as an appointee. This needs to be corrected
to indicate Commissioner Johnson is the appointee.
Commissioner Johnson moved to designate the initial term of Mayor Garvey to the
. PAC as a one-year term and the initial terms of Commissioner Clark and Commissioner
Johnson as two year terms. The motion was duly seconded and carried unanimously.
.~1 ~.~
The Commission recessed from 8:06 to 8:28 a.m.
OTHER ITEMS ON CITY MANAGER REPORT
ITEM #49 - First Reading Ord. #6054-96 - reducing the easement granted by City of
Clearwater Ordinance 116 to the successor of the Tampa & Gulf Coast Railroad, CSX
Transportation Incorporated; approve agreement with Pinellas County for the Pinel/as Trail
and sidewalk construction from Belleview Boulevard to Jones Street (EN)
Ordinance #116 granted the Tampa & Gulf Coast Railroad, predecessor of CSX
Transportation, Inc., a 36-foot easement on East Avenue and on other contiguous City-
owned properties for placement of track and support structures. An agreement between
the City and Pinellas County to construct a 1.5~mile section of the Pinellas Trail between
Belleview Boulevard and Drew Street will use the western right-of-way on East Avenue
between Druid Road and Drew Street. When developing engineering drawings for this trail
segment, the County Engineering Department discovered the right-of-way between the
railroad easement running down the roadway's center and the western right-of-way line
lacks six-inches of width necessary for constructing the Trail while maintaining two-way
traffic on East Avenue. The City Attorney's Office has reached an agreement with CSX
Transportation, Inc. to reduce the original easement by six-inches. Construction of the
Trail can proceed. This reduction is conditioned upon the enactment of this ordinance as
required by CSX Transportation, Inc.
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Commissioner Clark moved to reduce the eosernent originally granted by the City in
Ordinance #116; to the successor of the Tampa & Gulf Coast Railroad, CSX
Transportation Inc., and approve the Agreement between Pinellas County and the City and
that the appropriate officials be authorized to execute same. The motion was duly
seconded and carried unanimously.
The City Attorney presented Ordinance 116054-96 for first reading and read it by
title only. Commissioner Clark moved to pass Ordinance 116054-96 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 #50 - Res. 96-42 - authorizing execution of Joint Participation Agreement wjth FDOT
to refurbish Aircraft Hangar It A It at Clearwater Airpark (EN)
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The FDOT (Florida Department of Transportation) has agreed to provide 50%
reimbursable funding to refurbish Hangar "A" at Clearwater Airpark. The project is
estimated to cost $100,000. The City must pay for the project up-front and then be
reimbursed by FOOT up to the $50,000 limit. To provide funding on a timely basis, FDOT
programmed $50,000 in the State's FY 1995/96 budget ending June 30, 1996. The
execution of this JPA (Joint Participation Agreement) obligates FY 1995/96 funds and
initiates the project.
Hangar "A," a 10-bay enclosed airplane T-Hangar, needs repair. The doors and roof
are in poor condition. The refurbishment will correct violations noted by the Fire
Department and complement previously refurbished shade hangars and proposed hangars.
The Airpark Business Plan. approved by the City Commission on February 27, 1995,
addresses the refurbishment of Aircraft Hangar "A." Approval of this JPA establishes the
mechanism for 50% reimbursement of project costs by the State but does not constitute
Commission approval of the project. According to standard City procedures, City
Commission approval will be sought after bids are solicited.
Commissioner Seel moved to authorize the execution of a Joint Participation
Agreement between the City and FOOT to refurbish Aircraft Hangar "A" at Clearwater
Airpark and that the appropriate officials be authorized to execute same. The motion was
duly seconded and carried unanimously.
The City Attorney presented Resolution #96-42 and read it by title only.
Commissioner Johnson moved to pass and adopt Resolution 1196-42 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
"Ayes": Johnson, Clark, Hooper, Seel and Garvey
"Naysll: None.
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, ITEM #51 ~ Contract for reconstruction of Hiahland Avenue, from North of Gulf to Bay
Blvd. to North of Sunset Point Rd., to Overstreet Paving Company, Largo, FL, for
$4,281,069.56 (EN)
The Highland Avenue Widening Project was identified in the Penny for Pinellas
Referendum. This project will widen Highland Avenue from two lanes to three lanes
between Gulf~to-Bay Boulevard and Sunset Point Road. The improvement will incorporate
previous FOOT intersection improvements at Gulf-ta-Bay Boulevard and Drew Street.
Highland Avenue currently carries 21,000 vehicles daily and operates at a LOS (Level of
Service) ElF. This construction will elevate the LOS at least one level.
The City will meet stormwater regulatory requirements by: 1) enlarging the pond
between Kings Highway and Highland Avenue South of Ovarlea Street; 2) enlarging the
pond at the Northeast corner of the Clearwater County Club Golf Course; and 3)
constructing a new "dry" detention pond at the Hillcrest Drive and Maple Street
intersection on Clearwater Country Club property. The City owns the Clearwater Country
Club property and has coordinated the proposed improvements with the lessee. The
proposed storm system will improve drainage performance significantly along the entire
project. HDR Engineering, Inc. accomplished the project design and regulatory permitting.
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Mr. Baier predicted the construction will elevate the LOS to C. He noted the typical
section will be a crowned roadway. Sidewalks will be installed. All the corners will be
clipped to improve turning radii. He estimated the project will last 14 months. He noted
the importance of keeping the project moving and that traffic maintenance is critical. He
said the expansion will fill a traffic need as Keene Road currently does not go through.
The project is scheduled to begin in July. He suggested business owners and residents call
the Engineering Department with concerns. He will report if the elevation at the railroad
crossing will be changed.
Commissioner Clark moved to award a contract for the reconstruction of Highland
Avenue from North of SR60 (Gulf-to-Bay Boulevard) to CR 576 (Sunset Point Road) to
Overstreet Paving Company of Largo, FL for the sum of $4,281,069.56 which is the
lowest responsive bid received in accordance with plans and specifications and that the
appropriate officials be authorized to execute same. The motion was duly seconded and
carried unanimously.
Mayor Garvey questioned the cost of burying utilities during the road project. Mr.
Baier said the latest estimate predicted it would cost approximately $3.5-million to bury
the electrical lines. The expense of burying telephone and cable Ilnes is not included in
that estimate.
ITEM #52 - Mid-Year Budnet (eMI
The report is based on 6-months activity (October 1995, through March 1996) in
this FY (fiscal year).
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At mid-year, anticipated General Fund revenues exceed anticipated General Fund
expenditures for the current year by $518,609, and that amount is transferred to General
Fund unappropriated retained earnings. Both revenues and expenditures in the FY
1995/96 General Fund were budgeted for $65,736,970. The mid-year budget is amended
to $68,746,429. General Fund revenues reflect an anticipated increase of Florida Power
franchise fees and utility taxes totaling $1 .1-million at mid.year by recognizing the
unusually long, cool winter. The most significant budget amendments to General Fund
expenditures include a $500,000 transfer to the Special Program Fund to replenish the
Employee Retirement Fund for General Fund employees to an available balance of
approximately $1-million for FY 1 996/97, and $ 20,000 to fund a student internship
program. All department program budget amendments are offset by savings within other
General Fund programs.
Water & Sewer Fund revenues reflect a reduction in anticipated water revenues
based on a computation error regarding the 16% pass through from Pinellas County
wholesale water charges that was noted at first quarter. The fund's financial stability is
not affected. Also, an interest earnings' adjustment brings anticipated earnings in line with
previous year earning levels. Fund expenditures recognize the $395,700 appropriation to
the Capital Improvement Fund to fund reclaimed water for Island Estates as approved by
the City Commission on December 7, 1995, to establish a utility rate study project, and to
appropriate additional funding for new main construction.
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Gas Fund amendments reflect changes recently presented to the City Commission
correcting the flawed ratios of customer and their consumption groupings in Phase I rates.
These amendments reduce operating revenues. Gas Fund revenues and expenditures
reflect the transfer of $1,298,386, representing a Joan from the cash pool to the Capital
Improvement Fund to fund Pasco Gas expansion projects as an interim solution until the
Pasco Gas bonds are issued la ter this flsca I year.
Solid Waste Fund revenues and expenditures reflect the transfer of $14,630 to the
Capital Improvement Fund to implement a utility rate study. Revenues and expenditure
adjustments reflect a reduction in inventory purchases in the Commercial Program in line
with the strategic plan recently presented to the Commission.
Marina revenues reflect small adjustments to several sources resulting in a $3,800
decrease. No expenditure amendments are proposed mid-year.
Parking revenues and expenditures reflect funding for an in-depth turnover/
occupancy study of the Marina parking lot in conjunction with the beach parking facility
study.
Pier 60 revenues are adjusted to reflect the effects of cold winter weather, red tide
outbreaks, and Pier Park construction which resulted in the loss of parking spaces near the
Pier.s entrance.
No amendments for the Harborview Center are proposed at mid6year.
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.'~', At mid-year, the Administrative Services Fund and Radio Services program reflect
. ( $341,4 70 savings in debt service costs due to the timing of computer equipment
purchases and the Police radio switch, resulting in a decrease in Internal Service Fund
expenditures.
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Amendments to the Capital Improvement program total a net decrease of
$15,104,916. Capital Improvement budget increases not previously approved by the
Commission include: 1) Emergency Operations Center - $9,477 Increase of revenues from
the State for reimbursement of disaster cleanup; 2) Radio Communications Tower Link -
$285,000 increase of General Fund revenues representing operating savings of the Police
Department for fiber optic line installation; 3) Civic Center/Marina Crosswalk - $100,000
increase of infrastructure taxes to construct a lighted crosswalk with signal across
Causeway Boulevard; 4) Municipal Services/Public Safety & Police Complex - $915,652
total increase including $294.355 budget increase of bond interest revenues, $7,987
increase of.bond proceeds as posted at FY 1994/95 year end, and $613,310 increase of
Special Development Fund revenues to fund land purchase for complex; 5) Telephone
System Replacement - $300,000 increase of lease purchase funding to reestablish Phase II
funding that was eliminated. by error, in first quarter amendments; 6) TV Studio/Municipal
Services - $3.516 increase of General Fund revenues representing operating savings of the
Information Services Community Outreach program to purchase an audio system and
related components; 7} Stevenson's Creek Improvements - $5,588 increase in rental fees
for Jeffords Street property; 8) Stormwater Quality Improvement/Property Purchase.
$82.771 total increase including $12,500 increase of revenues from other municipalities
representing reimbursement from the State for Del Oro Phase I, $19.497 increase of
PineUas County Commission revenues representing reimbursement for Alligator Creek, and
$50.774 increase of revenues from other municipalities representing reimbursement from
SWFWMD (Southwest Florida Water Management District) for Alligator Creek; 9) Habitat
Restoration/Improvements - $35,000 increase of stormwater revenues to provide funding
for spraying ditches. lakes. and ponds; 10) Main Construction - $281,610 increase of
water revenues representing operating savings of Water Distribution to provide additional
funding to complete new main construction: and 11) WPC Pre-Treatment Program.
$9,058 increase of revenues from other municipalities representing reimbursement to be
received from Safety Harbor.
Commissioner Johnson moved to accept the FY 1995/96 mid-year budget. The
motion was duly seconded and carried unanimously.
a) First Reading Ord. #6056-96 . Operating
The City Attorney presented Ordinance 116056-96 for first reading and read it by
title only. Commissioner Clark moved to pass Ordinance 116056-96 on first reading. The
motion was duly seconded and upon roll call, tile vote was:
"Ayes": Johnson, Clark, Hooper. Seel and Garvey.
"Nays"; None.
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b) First Reading Ord. #6057-96 - CIP
The City Attorney presented Ordinance 116057.96 for first reading and read it by
title only. Commissioner Johnson moved to pass Ordinance 116057~96 on first reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel and Garvey.
"NaysU: None.
. ,
ITEM #53 - Approve expenditure of $498,400 needed for completion of the redefined
Harborview Center, and the list of betterments for an additional authorization of $232,500,
and approve an interfund loan in the amount of $730,900 from the Central Insurance
Fund, bearing interest at the cash pool rate, to be repaid from Penny for Pine lias collections
in FY 1 999
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The contractual relationship between the City, the Architect, and the Contractor
indicates any costs arising from pre-existing conditions are the financial responsibility of
the City. The two 10,OOQ-gallon grease traps intended for use by Pickles Plus and the
banquet facility may be examples of unanticipated costs. The City accepted an existing
cast iron pipe from the facility through the slab to the grease traps after the grease trap
lines were dye tested and appeared to be operational and intact. Upon using these lines, a
problem could arise similar to one experienced with the sewer line from the first floor (e.g.,
a partially broken and obstructed sewer line below slab discovered when toilets were
used). This line's condition was considered "pre-existing" and the repair was the City's
financial responsibility. By terms of the contract, the City cannot be guaranteed all cost
estimates are final.
The traditional construction approach of transmittals. drawings, and documentation
was not available during the construction phases. On June 17, 1996, the City received
partial documentation (transmittals) from the Architect and Contractor. Staff will complete
its analysis. Staff has requested Rowe Architects provide an updated punch list at weekly
construction meetings.
On June 11. 1996, a walk~through with GFS General Manager Barry Strafacci,
General Services Director Bill Baird, and Building & Maintenance Superintendent Jim Wood
was conducted. Mr. Strafacci's areas of concern: 11 cost information not shared regarding
dollars spent in proportion to work accomplished. Some items not casted out; 2) leak
problems in expansion joints where parking deck meets West wall of the multi-story
building, South atrium wall (floor slab), and vertical rainwater leader problem. Dean Rowe
removed an interior gutter which causes extensive leaks into administrative offices. Mr.
Strafacci questioned if money was appropriated for these types of problems and which
budget code was assigned. He understood completing flashing work would resolve the
leaks. In the interim, walls, ceiling tiles, etc., are being damaged. He questioned where
this money is budgeted; 3) third level experiencing leak problems. Mr. Strafacci
questioned if this problem involves warranty work and If construction work compromised
manufacturers' warranties; 4) Simplex System fire alarm company has not provided
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.~...., training to GFS employees but states an employee was trained earlier. No substantiating
J documentation can be located. Fire alarm system for Stein Mart and rest of building
should have separate enunciation capacities; 5) HVAC system expensive to operate and
not zoned for third floor. This issue, identified since project inception. may not now be
correctable; 6) door to third floor men's bathroom mop closet is improper and people are
urinating in mop sink. Door was to have been corrected. Mr. Strafacci questioned where
this item is budgeted. Damaged tiles have not been replaced. He questioned if this will be
addressed and/or funded; 7) flag pole base not glazed as it should have been done; 8) third
floor mechanical room adjacent to proposed kitchen has no drains. Room contains pumps,
blow-out valves, and pipes which have condensation. If room floods, water will drain into
Stein Mart; 9) Mr. Strafacci indicated third elevator has low priority and can be deleted;
10) proper door hardware for stairwells used as fire exits have not been replaced or
upgraded. GFS staff does not have keys. Doors must be propped open with temporary
door stops; 11) Mr. Strafacci feels wrong hardware was installed in ballroom. Commonly
used doors not tied into fire alarm system and must be operated manually with screw
device. He questioned if this complies with code; 12) status of canopy from parking level
to atrium; 13) pay phones in main level lobby not mounted to wall. Use of kiosks proved
to be too expensive; 14) third floor landing of escalator has some unfinished interior work;
15) roll-up door to be removed and relocated for circulation for trash removal for Pickles
Plus and security for GFS and the building. Betterment estimated to cost $27,000; and
16) amount of material (carpets, floor, tile, wall tiles, ceramic tile, paint, etc.) overage is
insufficient when compared to normal construction project requiring 10% minimum
overage.
<H::i The City's response: 1) cost information resolved June 17, 1996; 2/3) prices
obtained regarding expansion joint leaks. Further investigation reduced extent of remedial
work which is being repriced before construction begins. Leaks in South atrium wall floor
slab corrected week of June 7, 1996. Vertical rainwater leader developed leak during
third level construction due to pre.existing condition. Pipe replaced but leaks persist on
main and lower levels. Lower area leaks caused by same rainwater leader. Phase II
construction cost funding of $33,055 allocated to correct leak problems. Project Architect
Clark MacKinnon feels funding is sufficient. Leaks have no relationship to warranty work;
4) Rowe Architects is reviewing if splitting the fire system between the City and Stein
Mart is acceptable to the Fire Marshall. Rowe Architects indicated Phase II Simplex Fire
System training was not accomplished and they had omitted this oversight from vendor's
requirements. It is anticipated training will be covered by approximately $275 for electrical
subcontractor vendor who will provide the training; 5) the City and Rowe Architects
agreed to current HVAC system for third floor before GFS was Ilired. System allows
sectional control of air flow although single unit operates continually. GFS management
personnel will receive thorough explanation of the system; 6) current $3,000 request for
men's room will cover listed corrective actions and mop closet doori 7) flag pole base
corrected; 8) installation of floor drains in kitchen and mechanical room will be combined
to minimize impact to Stein MaTt as floor slab between second and third floors will be
penetrated, disrupting Stein Mart's retail operations; 9) elevator deleted from scope of
work; 10) current $2,500 request will bring door hardware into compliance with fire codes
and assure all door hardware is operational. Door hardware cannot have locking devices
due to fire exit requirements; 11) ballroom doors are one-hour fire rated and must have
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door closers. Electronic/magnetic hold-open devices which arc allowable arc cost
prohibitive and must be tied into fire alarm system. A needs assessment will be conducted
as to whether changing door hardware is cost effective; 12) canopy on parking level to
atrium was deleted: 13} any upgrade to this item will be postponed to determine if funds
will be available; 14) drywall areas of escalator landings can be completed as finished
drywall at no additional cost; 15) current $82,400 request for Pickles Plus work includes
redesign and relocation of roll-up door. Also included is $27,000 request to upgrade area
once designated as lower-level catering kitchen. Area will combine food and beverage
storage and provide GFS added office space; 1 6) Rowe Architects reported attic stock
materials were specified to be 2% for all finish materials before GFS was retained. If
excessive maintenance problems become prevalent, the City may have to address this
issue later. Drywall corners and paint damage seem to be excessive. GFS and the City
will monitor maintenance costs; and 17) additional building graphics requested by City
Commission have not been priced but are estimated to cost $2,000.
Minimum recommendations to bring the Harborview Center project to completion
total $498,400: 1) $310,000 of $331,000 cost to complete banquet kitchen, including
fees and 10% contingency; $182,000 of $182,000 cost to purchase fixed new kitchen
equipment, including fees; 3) $(76,000) to complete basic banquet space, "The
Clearwater Room," including fees and 1 0% contingency ($450,000 approved ~ $374,000
estimated cost); and 4) $82,400 of $163,000 cost to complete City's responsibllity for
"Pickles Plus" space build out, including fees and 10% contingency (work already
authorized).
Recommended betterments total $232,500: 1) $27,000 to convert lower level
space to banquet storage area; 2) $120,000 to purchase mobile kitchen and serving
equipment; 3) $3,000 to rehabilitate upper level mell's restroom; 4) $2,500 to improve fire
stair hardware; 5) $55,000 for marquee sign; and 6) $25,000 to upgrade Clearwater
Room including chandeliers, wood trim. and ceiling treatment.
Total recommendations equal $730,900. According to Dean Rowe, Biltmore
Construction officers, and GFS (Globe Facility Services, Inc.) General Manager, all costs,
except for the marquee, have been bid. Work will be completed at this price absent any
further change. A sign company provided the marquee estimate to GFS based on
preliminary design work. Requests totaling $34,000 to fund the parking deck canopy,
striping, landscaping, and to upgrade an existing elevator, were included in the June 6,
1996, agenda item but deleted from this recommendation.
Commissioner Seel questioned if the grease traps will be large enough to handle
1,400 diners at one time. Mr. Baird said based on information they have, that is the case.
Commissioner Seel noted the traps were designed for Mass Brothers' dining facilities
where served fewer diners. Mr. Baird said he would request that specific information.
Commissioner Seel expressed concern regarding future costs, Mr. Baird said staff tried to
identify where surprise costs might occur. He stated he will report all non-funded issues to
the City Manager immediately. Commissioner Seel questioned if the supply of overages is
sufficient. Mr. Baird said the project will try to use the overage, A separate accounting is
kept of approvals. The City Manager said overages are not expected to cover needs for
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Commissioner Seel referred to the contract with Boston Catering. The City
Attorney said the City's contract is with Boston Catering, not Delectables. Commissioner
Seel Questioned if the five.year contract is solid. The City Attorney said it is unless the
other party defaults.
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the Clearwater Room. She referred to tl,e building graphics requested by the Commission
and noted the $2,000 estimate is to have interior identiflcation of the building as a City
facility.
In reference to the fire system, Mr. Baird understood training will be provided upon
issuance of the final CO (Certificate of Occupancy). He suggested the two companies can
get together and use a dialer. The two alarm systems are programmed to work together
but enunciate separately. Commissioner Hooper questioned if the Fire Marshall will wait to
make a determination regarding the hardware until the final CO is issued. Mr. Baird said
the ballroom doors meet current code. He said the funding requested for door hardware is
necessary to bring other doors into compliance.
Commissioner Johnson thanked Mr. Baird for the comprehensive report. He
suggested the so-called 11 cash cow" is a "sick sow." He expressed concern funds were
not used for the use approved by the City Commission. He noted many calls he recently
received encouraged him to resuscitate the project. He hoped the center will at least
break even. He said he would vote for the essential elements to complete the project.
Commissioner Seel expressed concern regarding the vertical rainwater leader
problem. Mr. Baird said funds have been allocated to address tile leak problems. He
understood the leaks can be remedied within the budget allocated for that purpose.
Commissioner Seel complimented staff on their hard work.
Commissioner Seel referred to the debt to construct tile Harborview Center. She
said the project's total cost is listed. She was hesitant to approve this request because
some items still need to be addressed. She noted the City Commission does not know the
final cost of bringing this project to closure.
Mr. Baird said based on all the information he has been given and agreement by all
parties, $730,900 should complete the project if there are no changes to the scope of
work. Commissioner Johnson expressed concern that figure includes some upgrades. Mr.
Baird felt some of the "betterments" are necessary such as improving the stairs and
bathroom. In answer to a question, he said the rainwater leader leak was not completed.
The leak between the sections of the two buildings also has not been repaired.
Commissioner Johnson questioned if the City needs Stein Mart's approval to cut the new
drains. Mr. Baird said Mr. Rowe is working with Stein Mart. The cuts will not take place
in their retail area and will result in a minimal impact.
Commissioner Seel questioned if funds have been budgeted to fix the second floor
roof. Mr. Baird understood the guttering device between the sections of building has been
funded. Tonight's proposed budget will address damages caused by the leaks.
Commissioner Seel questioned a previous request for funding for the roof. The City
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Manager said money had been requested for landscaping, plants, and restriping of the
parking deck. In answer to a question, Mr. MacKinnon said restriping is needed but there
was never an intent to resurface the parking deck. Commissioner Seel expressed
concerned regarding the patched appearance. Mr. Clark said the surface could be
repainted. The deck includes a five-inch structural slab over a water proof membrane and
two-inch topping. The leak is at the flashing over the expansion. The repair is budgeted
but is being rebid to get a better price. The new bid will be back within days when they
will be ready to proceed with correcting the problem. He said they are in the process of
using the penetrations at Pickles Plus for their new openings.
Commissioner Hooper questioned plans for the marquee. Mr. Baird said he has not
yet addressed that issue. Wiring for the sign has been stubbed out. Mr. Strafacci said the
estimate came from a sign campany. GFS intends ta bid the sign. They hope to save
some money. Commissioner Hooper questioned if any currently available funds can be
used toward the requested $730,900. Mr. Baird did not think so.
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Commissioner Johnson suggested deleting the $120,000 mobile kitchen and
serving equipment. Mr. Strafacci said those funds are not for a mobile kitchen but far ice
caddies, chafing tables, etc. which appear on the kitchen drawings. He said the additional
monies will cover the $2,000 needed to recondition an old cooler and modify downstairs
space into additional storage for items the upstairs kitchen is too small to accommodate.
He said staff must be able to move food to the diners. He said GFS has tried to develop
an economy price and noted the cost had been reduced from $160,000. Commissioner
See I noted the City can borrow $100,000 interest free from Boston Catering. Mayor
Garvey stated it is important the facilities are done right. Commissioner Clark agreed with
Commissioner Johnson's concern but agreed with Mayor Garvey's point. He said the
Commission needs to get off the "dime." He expressed concern the project enriched many
people but not the taxpayers.
Commissioner Clark moved to approve expenditure of $498,400 needed for
completion of redefined Harborview Center, and the list of betterments for an additional
authorization of $232,500, and approve an interfund loan in the amount of $730,900 from
the Central Insurance Fund, bearing interest at the cash pool rate, to be repaid from Penny
for Pinellas collections in fiscal year 1999. The motion was duly seconded and carried
unanimously.
Consensus was for the City to use the $100,000 interest free loan from Boston
Catering to purchase kitchen equipment.
ITEM #54 - Development Code Adjustment Board - 1 appointment (elK)
Commissioner Hooper questioned if any of the applicants meet the special
qualifications that "members of the board shall possess professional training or acquired
experience in the fields of planning, law, architecture, landscape architecture, or
development control." Commissioner Clark shared the concern that none of the applicants
meets tIle criteria. The City Clerk said it is up to the City Commission to decide if
applicants meet qualifications. She said staff has difficulty with the term 1tacquired
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experience. tt The City Attorney said she could change the qualifications to make them
more specific. She said mandatory requirements could be removed. The Mayor noted
recent problems related to the board having only three members present. Commissioner
Hooper indicated four members now attend and noted this board makes tough technical
decisions. He wanted to be certain the appointed member is qualified.
Commissioner Hooper moved to continue this item. The motion was duly seconded
and carried unanimously.
The City Attorney questioned if City Commission direction was to change the code.
Commissioner Hooper moved for the City Attorney to come back to the City
Commission with updated language for qualifications of members for this and other boards.
The motion was duly seconded.
Commissioner Johnson noted current members can serve their terms.
Upon the vote being taken, the motion carried unanimously.
ITEM #55 - North Greenwood Community Task Team
At their first meeting on June 12, 1996, the North Greenwood Community Task
Team wrote their mission statement and requested the City Commission approve it;
"Identify and address critical community concerns in a way that will promote the long term
(~ positive development of the North Greenwood Neighborhood,"
The Task Team currently has five members. To increase membership to eight. the
City Commission is asked to affirm the appointments of David Grice, Lucius Pitts, and Tal
Rutledge. The Task Team also has asked City Commission approval to allow the Task
Team to appoint up to seven additional Task Team members.
Commissioner Johnson moved to accept the North Greenwood Community Task
Team mission statement; appoint David Grice, Rev. Lucius Pitts, and Tal Rutledge to the
task team; and allow the task team to appoint additional members to a maximum of 15
members and that the appropriate officials be authorized to execute same. The motion
was duly seconded and carried unanimously.
ITEM #56 - AddinQ levels to MSC (Municipal Services Comnlexl Parking Garage
As presently designed and bid with prefabrication of precast concrete members
underway, the garage is a four-story building with the top floor being two-thirds of a full
floor. The garage will park 458 cars and surface parking will handle 54 cars for a total of
5'2 spaces. Adding the Graphics and Central Print Shop to the parking garage)s ground
floor increased the garage's cost by $232,9'27 and displaced 23 parking spaces.
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. '\ Option 1 would build out the fourth floor and add 53 spaces at a cost of $219,254
! ($4,137/car). Garage parking spaces would increase to 511 spaces plus surface parking
for a total of 565 spaces.
Additional floors would require deep pier type foundations not required for a four-
story building. The elevator would have to be extended to serve the additional f1oor(s) as
would the fire stairs and fire protection system. Rowe Architects recommended including
a second elevator if two floors and 343 cars are added.
Option 2 would add one levol and 145 spacDs at a total cost of $1,153,225
($7,953/carl. Option 3 would add two levels and 290 spaces at a total cost of
$2,193,148 ($7,563/car).
Rowe Architects indicated a change would need to be made immediately as it will
take at least 30 days to modify the documents and gather revised bids. Foundations for
Options 2 and 3 need to go in the ground by September 1996, to complete the garage by
February 1997. A decision to adopt Option 1 needs to be reached quickly to take
advantage of the current bid. Rowe Architects recommends Option 1. Rather than
approve Options 2 or 3, Rowe Architects felt it would be better for the City to find a new
site and repeat this garage with no more than four floors.
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Commissioner Johnson questioned if the proposed changes resulted from poor
planning. The City Manager said that is not the case. The estimated need was for 500
spaces. She said 512 spaces will be available. Mr. Rowe noted the cost is accurate as it
has been bid and is not an estimate. He said it would be very cost effective to complete
the third level. In answer to a Question, he said Options 2 and 3 are based on estimates,
not hard bids. He said Options 2 or 3 would be very expensive and did not recommend
them. The City Manager concurred. She suggested completing the third level makes
sense on a cost effective basis. She said 500 cars will take up all available spaces. She
noted the City Commission had asked staff to bring these options forward.
Commissioner Hooper said the City may lose two floors of the Park Street garage
and noted complications with increasing the height of the Garden Avenue garage. Mr.
Baier said the Garden Avenue garage will have to be fortified before it can be expanded.
Funds have been budgeted in this year's budget to address that issue. The City Manager
said many citizens use the Park Street garage. Mr. Baier estimated 200 spaces could be
lost. The City Manager suggested the City Commission may want to look elsewhere for
additional parking.
Commissioner Clark questioned if hard numbers were available regarding parking
needs once the new Police Department building is completed. The City Manager said the
project had estimated the buildings would need 500 spaces. She noted a small lot will
hold approximately 14 spaces once the construction trailers are removed. She noted some
employees who drive City vehicles have personal cars and use two spaces. The Mayor
noted the need for more spaces than employees.
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In answer to a question, Mr. Rowe indicated Option 2 would add space for 290
vehicles. The Mayor supported Option 1. She noted the City could find more property in
the future if more parking is needed. Mr. Rowe said tt,e cost of adding floors would be
almost the same as purchasing property and building another garage similar to the one
currently planned.
Commissioner Johnson moved to expand the Municipal Services Complex parking
garage by adopting Option 1 to complete the third level and add 53 parking spaces for
$219,254. .
Commissioner Seal noted the change would increase the total cost for the parking
garage to more than $3,172,000. The City Manager noted a budget amendment would be
required. Commissioner Seel questioned the cost of building out the third level in the
future. Mr. Rowe said that would cost more. He said the bid price is the best the City can
get.
There was no second.
No action was taken.
ITEM #57 ~ Other PendinQ Matters - None.
CITY A TTOI~NEY REPORTS
!:~> ITEM #58 ~ First Readinq Ordinances
a) Ord. #6058~96 - Relating to registration of lobbyists, Amending Sec. 2.700 to revise
definitions of boards and lobbying; Amending Sec. 2.701 to add two-day grace period to
registration requirements
The City Attorney presented Ordinance #6058~96 for first reading and read it by
title only. Commissioner Hooper moved to pass Ordinance #6058-96 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes"; Johnson, Clark, Hooper, Soel and Garvey.
"Nays": None.
ITEM #59 - Other City Attornev Items
The City Attorney requested an attorney/client session regarding Atrium of
Clearwater, Ltd. versus the City of Clearwater and Community Redevelopment Agency be
scheduled for July 15, 1996, at 1 :00 p,m.
Commissioner Johnson moved for the meeting to be scheduled as requested. The
motion was duly seconded and carried unanimously.
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ITEM #60 ~ City Mananer Verbal Reports
Police Beach Substation
The City Manager noted the City Commission is scheduled to have a meeting to
address property issues but noted the importance of moving the Police substation to the
Memorial Civic Center. She said $50,000 will be needed to make that facility usable. She
said the move is temporary and other uses for the Civic Center are possible in long range
plans. She did not think the substation would interrupt activities normally scheduled at the
Civic Center. The Mayor questioned the substationts current site. The City Manager said
the City is restricted regarding what can be done with that site due to the large number of
conditions attached to that property. The City may need to approach the trust for
permission to use if for other purposes. She said Police service to the beach will not
decrease if the operations are moved.: Commissioner Seel recommended the Police rent a
beach store-front. Staff will study that suggestion. In answer to a question, the City
Manager said staff will be headquartered downtown. She estimated two vehicles may
park at the Civic Center at one time. She noted this is not the ultimate answer for policing
Clearwater beach.
Consensus was to move forward with the temporary move of the Police substation
to the Memorial Civic Center.
Marlo Boulevard Balloting
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The City Clerk requested clarification regarding the Marlo Boulevard balloting
regarding a possible connection to the Landmark Boulevard extension. She stated the City
Commission originally had directed staff to collect one vote per household. The Mayor
noted some households are split. She suggested allowing property owners to vote. The
City Clerk noted no more than two property owners are listed on address labels. She also
reported the ballot will request a ranking of the options, not a simple vote.
Consensus was to allow one vote per household in the Marlo Boulevard
neighborhood for the ballot regarding the connection to Landmark Drive.
ITEM #61 - Other Commission Action
Commissioner Seel requested discussing beach streetscape design at a Community
Meeting. The City Manager suggested scheduling a meeting for input before the design is
finalized. The ORB (Design Review Boardl will evaluate the design. The ORB has not
established design guidelines for the beach but would like some input regarding this issue.
The meeting was scheduled for July 17, 1996, at 7:00 p.m. The location will be
announced.
Commissioner See I reported the DDS (Downtown Development Board) plans to
develop a downtown plan model for $7,000. She invited the Commission to attend DDS
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seminars: 1) July 22 on signs; 2) August ,22 on storefronts; and 3) September 30 on
streetscapes. Mayor suggested a computer designed model may be less expensive.
Gommis~ioner Seel complimented Scott Shuford and Alan Ferri for their valuable
economic development presentation to the June 19, 1996, PPC meeting.
pommissioner Hoooer suggested an employee contest to rename the Municipal
Services building.
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Consensus was to pursue. A prize will be offered and the contest will be limited to
employees.
Commissioner Clark offered sympathy to the Cline and McMullen families for their
recent Joss.
ITEM #62 - Adjournment
The meeting adjourned at 9:50 p.m.
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