08/12/1996
. '. .
> . . . , . " . . .",' I
~);\~;,>'\(!">:. .,:. >
j, ~ >", . .... ~ .,' I. ~ .. . " . .
, '. r " , . ~
. '.
; ~, '. .'. '. \. . '.' ,~ '
'" :.'" "
" "t
\.
.~
,
COMMISSION
City Commission Minutes ,
.""',,",,\
\
......../
Date Aug.usf /2-, /99'
Atfornej / (!!Ienf Sess/on
J- /S3::Z
,
I
v
\F(?; ,
\
CITY COMMISSION SPECIAL MEETING
Closed Attorney/Client Session
August 1 2, 1996
The City Commission of the City of Clearwater met in closed session at City Hall,
Monday, August 12, 1996 at 3:00 p.m., with the following members present:
Rita Garvey
J. B. Johnson
Robert Clark
Ed Hooper
Karen Seel
Mayor ICommissioner
Vice-Mayor/Commissioner
Commissioner
Commissioner
Commissioner,
Also present:
Elizabeth M. Deptula
Pamela K. Akin
Paul Richard Hull
Ronald E. Bush
Charles D. Bavol
Edward M. Rooks
City Manager
City Attorney
Assistant City Attorney
Esquire
Esquire
Esquire
,-...
. \
I, J
.......-/
The Mayor called the meeting to order and announced a closed session would be
held for the purpose of discussing litigation regarding Anne-Marie Cheroke Lindsey as
guardian of Paul W. Gilfoyle vs. City. 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 3:58 p.m.
ATTEST: (1. -"~ c. Ii . ~QA ~
~ City Clerk
r
f,..
u
msp08b.96
1
08/12/96
~.:' .\~
~
ACTION AGENDA - CLEARWATER CITY COMMISSION MEETING
Thursday, August 15, 1996 - 6:00 P.M. - Chambers
1 . Invocation
2. Pledge of Allegiance
3. Service Awards
4. Introductions and Awards
5. Presentations:
a) Beautification Committee - Annual Report
b) The Campaign for the Largo Cultural
Center
6. Approval of Minutes - Regular Meeting
8/1/96 & Special Meeting 8/12/96
(attorney/client)
C:jJ. Citizens to be heard re items not on the Agenda
1. Commissioner Clark.
2. Mayor.
3. None.
4. Police Explorer Post #31 recognized for
awards received making them the top
explorer Post in the State.
Proclamation: Water & Pollution Control
Operation Week - 8/12-17/96
5. a) Report received.
b) Withdrawn by Cultural Center.
Report of Summer Job Program given.
Participants in Summer Youth Employment
Program recognized.
State of Florida Safety Award of
Achievement presented to Gas System &
General Services.
6. Approved 8/1 2/96as submitted. 8/1/96 as
corrected.
Anne Garris spoke in opposition to the parking lot at the West end of Memorial Causeway. Suggested
parking garage at Pelican Walk be pursued.
Jam Sehlhorst complained re a lien on and devaluation of his property.
John Doran indicated Jolley Trolley would operate Visitor's Center for $18,000 not $32,000.
Requested beach residents sign the petition re reclaimed water.
Joe Evich requested additional information re the relocation of water meters.
PUBLIC HEARINGS
8. Variance Is) to Sign Regulations for property
located at 3130 Gulf to Bay Blvd., Sec. 16-
29- 16, M&B 24.07 IEmro Marketing Co. I
Speedway; Subway, SV96-12)
9. (Cont. from 8/1 /96) Public Hearing & First
Reading Ord. #6062-96 - to allow car rental
uses as a conditional use in the Beach
Commercial District & Resort Commercial 28
District (LDCA 96-13)
~8/' 5/96
8. Denied requests for: 62.5 sq.ft. area
variance to allow 126.5 sq.ft. of attached
signs; variance of 6 attached signs to allow
11; and variance of 5 signs to allow 8 of
same type (canopy signs).
9. Approved. Ord. #6062~96 passed 1st
reading.
1
.' . . , . .' .. , . l " . .' j
1110. Public Hearing & First Reading Ord. #6063-
. 96 - Amending Sec. 40.007 to amend and
revise the interpretation of and variance from
Chapter Section by deleting the reference to
net density, by deleting the old and adding
new requirements for calculations resulting in
a fraction (LOCA 96-151
11. Public Hearing & First Reading Ord. #6068-
96 - Amending Sees. 35.11 & 42.34 to
specify that density calculations for nursing
homes shall be computed on the basis of 3
residents equals one unit, and parking for
nursing homes shall be required on the basis
on 1 space per 3 persons residing in the
facility ILDCA 96-14)
10. Approved. Ord. #6063-96 passed 1 st
reading.
11. Approved. Ord. 1/6068-96 passed 1 st
reading.
Public Hearing - Second Reading Ordinances
12. Ord..#5962-96 - LDCA amending Div. 26 of 12. Ord. #5962-96 adopted.
Ch. 40, to provide for revised development
standards in the Urban Center District
(LDCA95-20)
13. Ord. #5964-96 - Zoning Amendments for 13. Ord. #5964-96 adopted.
. ". Downtown Urban Core districts (Z96-01)
(~:114. Ord. #6069-96 - Relating to Building and 14. Ord. #6069~96 adopted.
Development Regulations; amending Sec.
47.051, to adopt the 1996 edition of The
National Electrical Code & 1995 edition of
The Standard for the Storage and Handling of
Liquefied Petroleum Gases
CITY MANAGER REPORTS
CONSENT AGENDA (Items #15-21) - Approved as submitted.
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.
15. Purchase of a 1997 two-ton truck with dump body from Sun State International, Tampa, FL, for
$49,913.47 (GS)
16. Amendment to 2/27/95 lease agreement with Philadelphia Phillies, relating to Jack Russell
Stadium, extending minimum term of agreement from 12/31/2003 to 1 2/31/2004 (PR)
17. Amendment to paragraph 9 of original lease agreement (10/28/851 with Howard G. Hamilton rs
parking requirements (EN)
,
'......,18/15/96
2
~ . " ,... . : ~ . . I .
,..L,
, r-\18. Contract fOf Morton Plant Main Parking lot, Inter-connector Sanitary Sewer Extension to Kimmins
r . ( Contracting Corp., Tampa, Fl, for $38,015 (EN)
19. Receipt/Referral - Ord. #6075-96 - Amending Sec. 36.033(2Hal to revise standards for
membership on the Planning and Zoning Board; amending Sec. 36.035(2)(a) to revise standards
for membership on the Development Code Adjustment Board (LDCA96-16) (CP)
20. Water main & ingress and egress easement - Baskin's Replat, Lot 2 (Morton Plant Life Services.
Inc.) leA)
21. Sidewalk easement - SE~ Sec. 12-29-15, Pinel/as ,Groves Sub., Lot 1 (O'Malley & Mills) (eA)
OTHER ITEMS ON CITY MANAGER REPORT
22. South Fort Harrison Zoning Study Report (CP)
23. Marina Business Plan (MR)
24. Res. #96-52 - naming city property located at
1551 Gulf Boulevard as "Pelican Bay Park"
(PRI
25. Extend contract for health insurance with
Prudential Health Cafe System of Tampa Bay,
Tampa, FL, under fully insured funding
arrangement for the period 1/1/97-12/31/97,
at an est. $3,569,279.20 and to offer a
three-tier medical option effective 1/1/97
,r.....\.. (HRl
1"'Jt~6. Commission Policies (elK)
27. Development Code Adjustment Board - 1
appointment (elK)
28. Other Pending Matters
22. Report received. Staff directed to bring back
recommendations to implement.
23. Plan presented. Continued to 9/19/96.
24. Referred to Parks and Recreation Board.
25. Approved.
26. Approved.
27. Appointed Ron Stuart.
28. None.
CITY ATTORNEY REPORTS
29. First Reading Ordinances
a) Ord. #6074-96 - Amending Art. 1 of
Ch. 28, to create Sec. 28.11 to prohibit
a person from using skateboards,
roller skates, in.line skates, coasters and
other similar devices in specified locations
30. Resolutions
a) Res. #96-47 - Abatement lien - 630 Drew
St., Jones' Sub. of Nicholson's, Blk 7, Lots 1-3
and part of vacant alley (Schoeller I Daniel)
31. Other City Attorney Items
..~811 5/96
a) Ord. #6074-96 passed 1 st reading as
amended.
a~ Withdrawn.
31. Approved encroachment agreement with
AmSouth.
3
. ,
. J . '," l' ~ : '
,\,""
~
32. City Manager Verbal Reports
City Manager distributed report re RFPs' status. Will be updated periodically.
City Manager reported County Administrator indicated he did not foresee County opposition to a
CRA on the beach.
Discussion re proposed reconstitution of DDS. City Attorney to check state statute ra
condemnation powers.
Engineering Director reported FDOT is willing to postpone Memorial Causeway Bridge repairs but
would like a letter that City agrees. Consensus to agree with understanding no work will take
place during tourist season.
33. Commission Discussion Items
a) DDS contribution to the eRA - Deputy City Manager exploring possible sublease of CRA
office. Unfavorable reaction to possibility of pursuing change in legislation reported.
34. Other Commission Action
I
Siiel congratulated Dunedin for receipt of Claude Pepper Award.
She requested discussion be initiated with School Board and other cities re mutual skateboard facility.
Hooper requested status of redevelopment of old Morrison site on Cleveland.
..~. He requested information re the possibility of a parking garage at Pelican Walk.
I"
;..:
"
-~~. .ctaJ:k questioned rationale of Carol Marchner's, of FLC, statement that they would oppose legislation
to exempt DDS from TIF payment. City Clerk explained this was due to impact on other cities. City
Attorney reported she had contacted an attorney for FLC and while FLC board would have to decide
final position, it was likely they would not favor such a bill.
.ctaJ:k requested staff look into placing an American Flag on Clearwater Pass Bridge. '
Regarding the skateboard issue. he felt a park is simplistic and questioned the ability to get insurance
for one. He stated you can not legislate common decency and that is what the ordinance tries to do.
35. Adjournment - 10:28 p.m.
Val1 5/96
4
.. . I' ,i..
. ~'. .. . . . .. ,
~r: :.'.::' ~ c' .
~
CITY COMMISSION MEETING
CITY OF CLEARWATER
August 15, 1996
Present:
Rita Garvey
J. B. Johnson
Robert Clark
Ed Hooper
Karen See I
Elizabeth M. Deptula
Kathy S. Rice
Pamela K. Akin
Scott Shuford
Rich Baier
Cynthia E. Goudeau
Patricia O. Sullivan
Mayor/Commissioner
VicewMayor ICommissioner
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. Commissiorler
Clark offered the invocation. The Mayor led the Pledge of Allegiance.
To provide continuity for research. items are in agenda order although not necessarily
discussed in that order. .
....'\
J
ITEM #3- Service Awards - None.
ITEM #4 - Introductions and Awards
Recognition of Police Explorer Post #31
On July 19, 1996, the Florida Association of Police Explorers named Clearwater
Police Department Explorer Post #31 top Explorer Post in the State.
Chief Klein congratulated the Explorer members for their accomplishments.
Summer Youth Employment Program
Phyllis Birch, administrator of the Summer Youth Employment Program, reported the
Pinel/as Private Industry Council, Inc. has changed its name to Career Options of Pinellas,
Inc. She thanked the City Commission and Clearwater for the opportunity to work with
City youth.
Donald Rutledge, Executive Director of Career Options of Pinellas, said 92
companies participated. He indicated 114 young people completed the program. Twenty-
one youths have been hired full- or part-time as a result of the program.
earilyn Hasel, who worked at Gateway Transportation Initiative; Charles Jackson,
who worked at accounting firm Symanski & McKnight, P.A.; and Ashanti Rowe, who was
.......;
mcc08b.96
1
08/15/96
r')
placed at Florida Power spoke about their experiences and thanked all concerned for the
opportunity.
Dr. Frederick Pratt of Reconstructive Dentistry; Anne Gonzales of Florida Power;
and Attorney David Levenreich complimented the participating students and expressed
their appreciation for the program.
The Mayor thanked Career Options, the students, and the employers for providing
opportunities. She hoped the City will continue to fund the program.
State of Florida Safety Award of Achievement to Gas System
Florida Department of Labor and Employment Security Division of Safety District
Manager Norman Schmidt and Program Manager for Public Sector Enforcement Larry
Horne presented the Safety Award of Achievement to Clearwater Gas System for no loss
of time due to a work place accident during a six-month period.
Safety Award of Achievement to General Services
The Mayor presented a plaque to General Services for no loss of time due to a work
place accident during a two-year period.
Proclamation: Water and Pollution Control Operator Week - August 12 - 17, 1996
, '
,_j ITEM # 5- Presentation~
a} Beautification Committee - Annual Report
Beautification Committee Chair William Baldwin recognized committee members
and reported the committee had established the design parameters for the Welcome to
Clearwater signs. The committee is working with Parks & Recreation to install landscaping
by the signs. He reported Phase I of the Gulf-to-Bay corridor beautification program will
plant Washingtonian Palms on the rights-of-way between US 19N and Highland Avenue.
Phase II will landscape US 19N interchanges with Druid Road and Drew Street and Gulf-to-
Bay Boulevard between interchanges at US 19N and McMullen-Booth Road/Bayside Bridge.
The committee recommended landscaping changes to the Land Development Code.
Mr. Baldwin said the Beautification Committee is interested in working with the
ORB (Design Review Board) and is corresponding with the eRA (Community
Redevelopment Agency) regarding downtown tree lighting. The committee supported
replacing the freeze damaged sea grapes on the Memorial Causeway with palm trees.
They have followed the progress of the Pinellas Trail and are concerned about plans for the
new Memorial Causeway Bridge. In the coming year, the committee will work on the Gulf-
to~Bay corridor and City Theme program. The Beautification Committee has developed a
recognition program to award those who beautify property.
b) Campaign for Largo Cultural Center
'....;
mccOBb.96
2
08/15/96
, : , '... . r '",'. 1 . ' .., I
~
The City Manager reported this item will be rescheduled.
ITEM #6 - Aooroval of Mjnut~s
A correction to page 5 was distributed showing the Mayor voting against the
motion to amend Item #9.
Commissioner Clark moved to approve the minutes of the regular meeting of August
1, 1996, as corrected, and the special meeting of August 12, 1996 (attorney/client), as
recorded and submitted in written summation by the City Clerk to each Commissioner.
The motion was duly seconded and carried unanimously.
ITEM #7 - Citizens to be heard re items not on the Aaenda
Anne Garris opposed constructing the parking lot proposed for the Southwest end
of the Memorial Causeway. She suggested pursuing a proposal to build a parking garage
at the privately owned Pelican Walk.
Tom 5ehlhorst said he lost $10,237 when thieves and vandals broke into his skate
rental business. He distributed trim notices for his properties and noted their assessed
values had decreased. He said the cost of his occupational license had tripled to $300.
He said this year, he was charged $3,130.69 for a 1987 demolition lien.
-' ~
t,~.,~ John Doran said the Jolley Trolley had indicated they could provide visitor
information at their current funding level of $18,000, not $32,000 as indicated at the last
meeting. He encouraged beach residents to sign the petition for reclaimed water service
on Clearwater beach.
Joe Evich referred to the relocation of water meters and distributed photos of the
work done on his street. He felt the City was taking property without proper jurisdiction.
PUBLIC HEARINGS
ITEM /f8 - Variance(s) to Sian Regulations for orooertv located at 3130 Gulf to Bav Blvd.,
Sec. 16-29-16, M&B 24.07 (Emro Marketing Co. / Speedway; Subway, SV96-12)
The property, on the North side of Gulf-to-Bay Boulevard between McMullen-Booth
Road and Bayshore Boulevard, is zoned General Commercial. The applicant requests: 1) a
62.5 square foot area variance from the permitted 64 square feet to allow a total of 126.5
square feet of attached signs; 2) a variance of 6 attached signs to allow a total of 1 1
attached signs; and 3) a variance of 5 signs to allow B canopy signs. The variances are
requested primarily to identify a Subway sandwich shop to be located within the
Speedway convenience store.
Todd Pressman, representative for the applicant, verified photographs of the
property presented him by Central Permitting Director Scott Shuford. Mr. Pressman
\,~
mcc08b.96
3
08/15/96
, '. , ' ,I '.., '. '. " ,. . "
t)
distributed pictures of the property, identifying proposed signage. He said the sign law
does not recognize the need for separate signage when more than one business occupies a
store. He said the ItStarvin' Marvin" sign will be replaced by a Subway sign. The small
neon sign will remain. He said small "s" logos located on the canopy are not visible from
the street. He presented additional pictures, showing few signs are visible as motorists
approach the site. It was questioned if the "St< logos could be smaller or lowered to eye
level. Mr. Pressman said the owner felt strongly the "S1l logos should be as presented.
It was noted the request on the cover sheet differed from the original application.
Mr. Pressman said tonight's request is correct as stated. In answer to a question, Mr.
Shuford said the jewelry store granted a variance for 7 attached signs has many small
windows and is located in a beach pedestrian area.
Commissioner Johnson moved to deny the following variances: 1) a 62.5 square
foot area variance from the permitted 64 square feet to allow a total of 126.5 square feet
of attached signs; 2) a variance of 6 attached signs to allow a total of 11 attached signs;
and 3) a variance of 5 signs to allow 8 signs of the same type (canopy signs), on property
identified as Sec. 16-29w16, M&B 24.07, for failure to meet Sec. 45.24 Standards for
Approval, items (1) - (4). The motion was duly seconded
Mr. Pressman requested the City Commission consider approval with conditions.
Upon the vote being taken, the motion carried unanimously.
..: "t.
t ,:) ITEM #9 - (Cont'd from 08/01/961 Public Hearina & First ReadinQ Ord. #6062-96 - to allow
car rental uses as a conditional use in the Beach Commercial District & Resort Commercial
28 District (LDCA 96~13)
Several Clearwater beach property owners recently submitted letters to the City
requesting car rental uses be allowed within the Beach Commercial District and Resort
Commercial 28 District. The City Commission last considered this issue on January 1 9,
1995. In response to the property owners, staff prepared an ordinance allowing car rental
uses as a conditional use in the Beach Commercial District and Resort Commercial 28
District, and identifies standards for approval of car rental uses in those zones.
Staff also has identified a need for other amendments pertaining to outdoor retail
sales. displays and storage uses. Changes are intended to streamline code requirements
and provide greater flexibility: 1) specify that. to receive conditional use approval, outdoor
retail sales, displays and/or storage must be compatible in scale and appearance with
surrounding uses without causing an undesirable concentration within the vicinity or along
a roadway corridor; 2) delete prohibition of temporary buildings, portable buildings, tents,
stands. trailers and vending cars in conjunction with outdoor sales, displays or storage
uses; 3) delete restriction that outdoor sales in Downtown/Mixed Use District be limited to
vegetable and fruit stands; 4) delete requirement for minimum lot size of 30,000 square
feet for outdoor storage in the Downtown/Mixed Use District; 5) delete contradictory
language prohibiting outdoor sales and displays of boat and vehicles in Infill Commercial
District; and 6) delete requirement for minimum lot size of 30,000 square feet for outdoor
--J
mcc08b.96
4
08/15/96
. . < . , . .' I . '.
r~
.
retail sales, displays and/or storage in Infill Commercial District. On July 16. 1996. the
Planning & Zoning Board unanimously endorsed this ordinance.
Commissioner Clark moved to approve Land Development Code amendment
allowing car rental in the Beach Commercial and Resort Commercial 28 District. The
motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #6062-96 for first reading and read it by
title only. Commissioner Clark moved to pass Ordinance #6062-96 on first reading. The
motion was duly seconded and upon roll call. the vote was:
"Ayes": Johnson, Clark, Hooper. Seal and Garvey.
"Nays": None.
ITEM #1 0 . Public Hearina & First Reading Ord. #6063-96. Amending Sec. 40.007 to
amend and revise the interpretation of and variance from Chapter Section by deleting the
reference to net density, by deleting the old and adding new requirements for calculations
resulting in a fraction (LDCA 96-15)
.,;;~
Staff has identified a need to revise the Land Development Code pertaining to
requirements for calculations resulting in a fraction. Also, as a housekeeping measure, the
word "net" must be deleted for determining density as the code now defines density as
units per gross acre. Changes: 1} a fraction of one-half or more shall be considered a
whole: 2) a fraction of less than one-half shall be disregarded; 3} numbers shall be rounded
after computations are made: and 4) "net" is deleted from density calculations, consistent
with the code and comprehensive land use plan. On July 16, 1996, the Planning & Zoning
Board unanimously recommended approval of this ordinance.
Commissioner Hooper moved to approve the Land Development Code amendment
pertaining to the requirements for calculations resulting in a fraction. The motion was duly
seconded and carried unanimously.
The City Attorney presented Ordinance 116063-96 for first reading and read it by
title only. Commissioner Johnson moved to pass Ordinance #6063-96 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 HearinCl & First ReadinCl Ord. #6068-96 - Amending Sees. 35.11 &
42.34 to specify that density calculations for nursing homes shall be computed on the
basis of 3 residents equals one unit, and parking for nursing homes shall be required on the
basis on 1 space per 3 persons residing in the facility (LDCA 96-14)
1-...1
mcc08b.96
5
08/15/96
~
This ordinance proposes to change the method for calculating density from bed
count to number of persons residing at a nursing home facility so every 3 persons residing
at the facility shall equal one unit. No change to actual density will occur as the bed count
and resident count will be equal. The ordinance also proposes to change the parking
formula for nursing homes from one parking space per 3 beds to one parking space per 3
persons residing within the facility. No change to actual parking will occur. On July 16,
1996, the Planning & Zoning Board recommended approval and on July 25, 1996, the
Development Code Adjustment Board recommended approval.
Commissioner Hooper moved to approve the Land Development Code amendment
specifying that density calculations for nursing homes be computed on the basis of 3
residents equals one unit, and parking for nursing homes be provided on the basis of one
space per 3 residents.
The City Attorney presented Ordinance #6068-96 for first reading and read it by
title only. Commissioner Hooper moved to pass Ordinance 1/6068-96 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes'.: Johnson, Clark, Hooper. Seel and Garvey.
"Nays": None.
Public Hearing - Second Reading Ordinances
f "~,-\
"1;rd
ITEM #12 ~ Ord. #5962.96 - LDCA amending Div. 26 of Ch. 40, to provide for revised
development standards in the Urban Center District (LDCA95-20)
The City Attorney presented Ordinance 1/5962-96 for second reading and read it by
title only. Commissioner Johnson moved to pass and adopt Ordinance #5962-96 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 # 1 3 ~ Ord. #5964-96 - Zoning Amendments for Downtown Urban Core districts
(Z96-01 )
The City Attorney presented Ordinance #5964-96 for second reading and read it by
title only. Commissioner Clark moved to pass and adopt Ordinance 115964-96 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.
\,;J
mcc08b.96
6
08/15/96
~
.~
1ISM # 1 4 - Ord. #6069-96 - Relating to Building and Development Regulations; amending
Sec. 47.051. to adopt the 1996 edition of The National Electrical Code & 1995 edition of
The Standard for the Storage and Handling of Liquefied Petroleum Gases
The City Attorney presented Ordinance #5969-96 for second reading and read it by
title only. Commissioner Johnson moved to pass and adopt Ordinance #5969-96 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 # 1 5.21 ) - Approved as submitted
ITEM #1 5 . Purchase of a 1997 two.ton truck with dumD body from Sun State
International, Tampa, FL, for $49,913.47 (GS)
ITEM #16 - Amendment to 02/27/95 lease agreement with Philadelohia Phillies, relating to
Jack Russell Stadium, extending minimum term of agreement from 12/31/03 to 12/31/04
(PR)
V':\
.~4
ITEM #17 - Amendment to Daraaraoh 9 of original lease aqreement (10/28/85) with
Howard G. Hamilton rs parking requirements (EN)
ITEM #18 . Contract for Morton Plant Main Parkina lot. Inter-connector Sanitary Sewer
Extension to Kimmins Contracting Corp., Tampa, FL, for $38,015 (EN)
ITEM #19 - Receipt/Referral - Ord. #6075-96 - Amending Sec. 36.033(2)(a) to revise
standards for membership on the Planning and Zoning Board; amending Sec. 36.035(2Ha~
to rovise standards for membership on the Development Code Adjustment Board (LDCA96-
16) tCP}
ITEM #20 - Water main & inaress and egress easement w Baskin's Replat, lot 2 (Morton
Plant Life Services, Inc.) (CA)
ITEM #21 - Sidewalk easement - SE % Sec. , 2-29-1 5. Pinellas Groves Sub., Lot 1
(O'Malley & Mills) (CA)
Commissioner Johnson moved to approve the Consent Agenda as submitted and
that the appropriate officials be authorized to execute same. The motion was duly
seconded and carried unanimously.
OTHER ITEMS ON CITY MANAGER REPORT
ITEM #22 - South Fort Harrison Zoning Study Reoort (CP)
\..J
mcc08b.96
7
08/15/96
. < ,,: " , . '. < . ' " , I"
Fl
In approving the FY (fiscal year) 1995/96 budget, the City Commission directed
staff to prepare a zoning analysis for the neighborhood generally bounded by S. Ft.
Harrison and S. Myrtle Avenues south of downtown. This neighborhood was selected due
to its rapidly changing character resulting from the development activity of Morton Plant
Hospital and other medical uses. its large range of existing zoning districts (from OL to IL),
and its potential as a support area for the hospital and downtown.
Staff retained USF's Florida Center for Community Design + Research to prepare
the study. The Florida Center made general recommendations: 1) create a more uniform
zoning pattern for the study area; 2) provide for a wider range of uses within the area
including light manufacturing and residential, to reflect market demands and to promote
economic development; 3) create broad design controls to promqte land use compatibility
and ensure quality development; and 4) improve interconnections within the neighborhood
and between the neighborhood and adjoining areas, including the hospital and residential
areas to the East; take advantage of the PineUas Trail.
Staff recommends implementing the study's concepts through code amendments
and capital improvements programming that staff will develop and bring to the City
Commission for further consideration.
(,',J
John Marsh, Director of the Florida Center for Community Design + Research.
reviewed the study's highlights. He said the challenge is to redevelop areas wisely while
enhancing livability. Proposed strategies to redevelop S. Ft. Harrison recommend using
existing infrastructure. The area has potential due to its proximity to Clearwater beach,
Morton Plant Hospital. downtown and its location on S. Ft. Harrison. a major thoroughfare.
Exploiting the Pinellas Trail is important as is the availability of the CSX Tail line. Large
parcels of land are vacant or underdeveloped. Problems include relatively small zoning
districts which are difficult for owners to use, lack of residential land use. a high level of
traffic congestion, poor vehicular and pedestrian circulation and lack of an identifiable
community image.
Mr. Marsh said the study tried to find ways to increase the tax base. He
recommended creating flexible zoning districts to accommodate market demand. He
suggested a zoning strategy that increases high quality development, high tech light
assembly, and mixed use projects. He encouraged developing residential activity,
increasing vehicular and pedestrian accessibility. and using planned developments to
maximize potential. He suggested developing residential and office activities around the
Pinellas Trail and recommended creating a positive identifiable image for the area.
Jay Texada. Research Associate with Florida Center, reviewed maps of the subject
area, suggested scenarios. and before and after renderings: 1) convert 1.1 acres along S.
Ft Harrison to a park and develop vacant land behind the A&P with a hi-tech medical
research facility; 2) develop 9.75 acres of Morton Plant Hospital parking with a USF
teaching medical facility that opens onto the Trail; 3) construct townhouses in a mixed use
development; 4) add dignity to the cemetery with landscaping and buffering and add a
mixed use development to the South; 5) add commercial and mixed use infill at the
'_.I
mcc08b.96
8
08/15/96
. I .' I J .. I '. ' ',' -" , .< .. '
.' .
,n14......
f ~
intersection of S. Ft. Harrison and Turner; 6) develop upscale mixed use between Pine and
Druid Road; 7) develop residential townhouses at Pine Street's dead end and connect the
street to Druid Road. He said scenarios are located on the Pinellas Trail and emphasize
mixed use zoning and increased access circulation. In answer to a question, Mr. Texada
said the proposed plan has a graduated intensity of use. Commerciallnfill has a lower FAR
(floor area ratio) than other zoning. The first scenario does not expand Industrial limited at
all. The second scenario changes Umited industrial to limited industrial, research and
development. He noted the area has two rail spurs, including the one Scotty's uses. The
third scenario includes a planned incentive district. All three scenarios acknowledge the
importance of the Pinellas Trail.
Mr. Shuford said staff will review the report to see which ideas would help or hinder
the area. Staff will come back to the City Commission with recommendations regarding
how to accomplish a plan.
Lois Cormier said she had traveled around the area with Mr. Texada. She felt USF
did a fine job on the project. She said the North side of E Street is industrial and the South
side is residential which she will continue to protect against industrialization. She noted
the industrial property is occupied by doctors' offices. She said residents do not want
heavy industry in the area. She felt the property across from South Ward School is a
disgrace. She thanked staff and USF for their work on this project.
f ,- >>.
'. "5l ,'/
Robert Kern suggested the City develop a financial package to help a developer
address environmental concerns. He felt the study was well done.
Commissioner Seel moved to receive the consultant report on zoning and land use
compatibility issues in the South Ft. Harrison area and direct staff to initiate code
amendments and capital programming to accommodate the direction and concepts of the
report. The motion was duly seconded and carried unanimously.
Commissioner Clark said the study was a beautiful work product and said it should
feature USF's name. '
The Commission recessed from 7:52 to 8:13 p.m.
ITEM 1123 - Marina Business Plan (MRl
Harbormaster Bill Held said recent surveys accurately measured the Marina
building's interior and analyzed rental rates for retail offices and slips. He noted other
marinas base rates on a boat's length, the slip's length, etc. Clearwater Marina bases slip
rent on the number of passengers boats carry. The MAS (Marine Advisory Board)
reviewed and approved the Marina Business Plan with one recommended change: the
Harbormaster negotiate leases and the City Manager being allowed to increase rent up to
10%. Although two board members will be affected by proposed increases, the MA8
voted unanimously for the plan. He noted the FRC (Financial Review Committee) and
management also reviewed and approved the business plan.
\~
mccOBb.96
9
08/1 5/96
'.. . . . . ' i.i... " .' . ' ,
rw~
'..,J
.-"
Mr. Held reviewed the Marina.s objectives: 111) maintain municipal marina as a
revenue producing activity of the Marine Department and insure the City receives fair
market value for its investment and is competitive with area marinas and businesses by: a)
offering discounts for slip rental; b) increasing daily, weekly, and monthly transient slip
rent: c) increasing private and commercial slip rent with 5% increases planned for 1998
and 2000; d} establishing rent for commercial dock offices & storage space of $4 a square
foot with increases in 1998 and 2000; e) linking marina building rental rates with CPI for
annual increases in J;Jnuary and requiring Marina business employees to park away from
Marina; f) selling marina fuel; and g) purchasing new computer hardware and software in
FY 1996/97; #2) increase marina revenue each year from $1,954,495 in the first year to
$2,080,480 in the plan's last year by adopting strategies listed in objective #1; #3)
continue extensive campaign to market and promote the marina to citizens and tourists
and take full advantage of the facility with marketing and advertising (Marina to be
featured soon in stories in two boating magazines); #4) continue annual customer and
safety training for marina employees to insure highest standards by: a) upgrading Staff
Assistant position to Customer Service Representative; b) customer service training; and c)
computer training and other training as needed; #5) continue upgrading the municipal
marina to insure the facility is a IIshow piece II on Clearwater beach by installing: a)
decorative lampposts; b) power outlet utility stations in FY 1997/98; c) a portable sewage
station for Island Estates marina; and d) a Marina kiosk; and #6) continue maintaining and
upgrading the launch ramp to insure the City remains proud of the facility by: a) upkeeping
parking lots; b} upkeeping boat ramps; c} dredging in FY 1998/99; d) maintaining facility;
and e) agreement with Clearwater Bay Marine Ways, Inc. or other for fuel sales, depending
on annual bid.
Mr. Held presented charts listing commercial rates for 6 passenger, 45-foot vessels:
1) Gulfport - $169; 2) Clearwater current ~ $200; 3) Clearwater proposed - $225; 4) Ft.
Myers - $225; 5) Madeira Beach ~ $231; 6) Dunedin - $260; 7) Ft. Pierce - $360; 8)
Naples - $382; and 9) St. Augustine - $540. Commercial rates for 90 - 100 passenger
vessels: 1) Clearwater current - $400 - $460; 2) Ft. Pierce - $487 ~ $1,056; 3) Clearwater
proposed - $600 - $700; 4) St. Augustine - $708 - $1.056; 5) Bahia Mar (private) -
$1,062 - $1,584; and 6) A&B Marina (private) - $1,475 - $2,200. Commercial rates for
70 . 89 passenger vassels: 1) St. Petersburg - $300; 2} Clearwater current - $405; 3) Ft.
Pierce - $535; 4} Clearwater proposed - $575; 5) St. Augustine - $780; 6} Bahia Mar
(private) - $1,560; and 6) A&B Marina (private) - $1,625. Commercial rates for 101 to
160 passenger vessels: 1) Clearwater current - $440; 2) Ft. Pierce - $455 - $671; 3)
Clearwater proposed - $700; 4) St. Augustine - $660 - $984; 5) Bahia Mar (private) -
$990 - $1,476; and 6} A&B Marina (private) - $1,375 - $2,050. In summary, the Marina
Plan: 1) increases revenue from $1,954,495 to $2,080,480; 2) increases expenditures
from $1 ;935,910 to $2,026,850; 3) continues as a positive City asset; and 4) encourages
highly motivated, safety conscious, and professionally trained staff to provide excellent
customer service and meet the City.s three goals. The MAB and FRC reviewed and
supported the business plan. In answer to a question, Mr. Held was not certain jf other
marinas had used recycled lumber. If the City Commission approves the plan, staff will
bring forward a resolution and ordinance to implement it.
mcc08b.96
08/1 5/96
10
, 'f.". .._, '. .',! r .... . ' I j .
F'~
Mr. Held said the largest increase is recommended for vessels capable of carrying a
large number of passengers. He said the consultant had a difficult time obtaining
information on rates for parasail operations. Mr. Held reported the current resident
operator, who pays $200 a month, had entered into an unauthorized agreement with
another operator who had agreed to pay a monthly rent of $1,300. Based on this
information, Mr. Held felt the current rent for the parasail tenant is extremely low. For
increased rates, tenants receive free water, garbage removal, discounted fuel, Police
Department protection, City advertising, fast response for dock repairs, sewage pump out,
and recent improvements that include the refurbished building, new sidewalks, replaced
electric and sewer. He said the City operates the best marina on Florida's West coast.
The City Manager reported she had been contacted by an attorney who had expressed
concern the City Commission would put these rates into effect tonight. She said that is
not the case. This issue will need to come back to another meeting before that occurs.
Commissioner Clark expressed concern about voting on a business plan when rates
and income may change. The City Manager requested the City Commission provide
general direction. Sha stated staff will meet with the attorney within the next two weeks
and hopefully can address his concerns. She said if the City Commission does not approve
the proposed adjustments, the business plan will have to be changed. She noted the plan
also is based on a fluid economy.
.',
.....~c j
Discussion ensued regarding how marina businesses will be able to handle higher
rents and concern was expressed regarding proposed charges for structures on the docks.
Commissioner Clark reported a family member is employed by a boat owner affected by
the proposed increase.
Commissioner Clark moved to continue Item 1123 until September 19, 1996. The
motion was duly seconded and carried unanimously.
ITEM 1124 - Res. #96-52 - naming city property located at 1551 Gulf Boulevard as "Pelican
Bay Park" (PR)
Plans are in progress to develop the park at 1551 Gulf Boulevard with two tennis
courts, playground apparatus, a pedestrian trail, and parking facilities. Expanded parking
to support beach renourishment activities also is planned. The Sand Key Civic Association
submitted a letter and "Proposal for Park Name" form recommending four names for
consideration: 1) Sand Key Bay Park; 2) Pelican Bay Park; 3) Bay Vista Park; and 4) Gulf
Key Park. The letter indicated anyone of the names is acceptable. Resolution #94-12
specifies the Parks & Recreation Board will conduct an advertised public hearing to
consider recommendations for park names. On July 22, 1996, the Parks & Recreation
Board recommended naming the park "Pelican Bay Park."
The Mayor did not like the proposed names and suggested calling the park" Harbor
Park" or "Gulf Boulevard Park." She felt lIPelican Bay Park" does not relate to the park's
location. Dick Rubin, of the Sand Key Civic Association, said his organization has worked
with the Parks & Recreation Department regarding the park's design. After 3 months of
advertising requesting residents to submit names, the association received 40 suggestions
'~
mcc08b.96
11
08/15/96
f)
of which 4 were proposed. He stated no strong feelings had been expressed regarding any
of the choices. He pointed out pelicans are prominent in the area.
The Mayor suggested the name "Clearwater Bay Park."
Commissioner Johnson moved to name City property at 1551 Gulf Boulevard
"Clearwater Bay Park." There was no second
Commissioner Clark recommended sending the issue back to the Parks &
Recreation Board with City Commission recommendations. Commissioner Seel felt
community support of the name should first be established.
Commissioner Clark moved to refer Item 1124 to the Parks & Recreation Board. The
motion was duly seconded. Commissioners Clark, Hooper, and Seel voted "Aye":
Commissioner Johnson and Mayor Garvey voted "Nay." Motion carried.
ITEM 1125 - Extend contract for health insurance with Prudential Health Care System of
Tampa Bay, Tampa, FL, under fully insured funding arrangement for the period 01/01/97-
12/31/97, at an estimated $3,569,279.20 and to offer a three-tier medical option
effective 01/01/97 (HR)
!~~J
In 1994, per City Commission direction, City consultant Wittner & Company
prepared a RFP (request for proposal) for a health insurance contract. Wittner and
Company worked closely with the Insurance Committee which includes representatives of
the CWA (Communication Workers of America) union, FOP (Fraternal Order of Police)
union (Sergeants and Lieutenants), FOP # 10 union, IAFF (International Association of
Firefighters) union. SAMP (Supervisory, l\dmiiiistiatlvtl, jvil:H1i::tgt:lriai and ProressionRI)
employoes: City pensioners, the Human Resources Department, and City Manager's office.
.
Effective January 1, 1995, the City: 1) awarded a health insurance contract to
Prudential Health Care System under a fully insured funding arrangement that allowed
contract extensions at guaranteed renewal rates for 3 years; 2) continued contributing
premium for individual coverage; 3) continued contribution subsidy for dependent coverage
for HMO option ($32.33/month for calendar year 1997): 4) continued employee's dual
coverage (City pays single coverage for one employee and pays amount of single coverage
for second employee toward dependent coverage. Second employee listed as dependent);
and 5l 1996 contract renewed with increases of 6% for HMO and 7.79% for Prucare Plus.
For FY (fiscal year) 1996/97, the City budgeted an estimate of $2,310 per
permanent full-time employee per year which includes $108 per employee for the PPS
mental health and substance abuse carve out. The 1997 increase for Prucare HMO and
Prucare Plus is 8%. Per Prucarets original bid, the 1997 renewal cap is 8% for HMO and
12% for Prucare Plus.
The City currently offers a 2-tier (employee and employee plus family) option. The
Insurance Committee met in June 1996, to discuss and review results of the "Tiered
\-'
mcc08b.96
12
08/15/96
, . . . ' . . . I r . . .'. ~ 't. .' . ~ , . -,
'~
I ,
Medical Surveylt distributed in May 1996: 1) of 1,650 surveys distributed. 1,148
responses were received~ 2) 619 voted "yestt for the 3.tier option and 356 voted "no"; 3)
as 173 responses could not be deciphered, 975 responses were useable; and 4) the votes
of 187 respondents who indicated they had no dependents were backed out. Results
indicated 49.7% voted yes, 31.1 % voted no, and 19.2% were not affected. Additional
information regarding respondents indicates; 1) 71 do not have dependent coverage, 2) 69
would drop dependent coverage if a 3-tier plan is approved of which 14 would not have
dependent coverage, and 3) 34 would add dependent coverage if a 3-tier option was
approved resulting in a net decrease in uninsured dependent coverage.
The Insurance Committee recommends offering a 3-tier medical option (employee,
employee + 1. employee + 2 or more) effective January 1, 1997. A 3-tier medical option
does not increase the City's cost per employee nor affect the renewal rate. Employee
biweekly cost in 1996 for dependent coverage is: 1) Prucare Plus - $128.88: 2} Prucare
HMO. $95.06; 3) Dual Coverage Plus - $39.33; and 4) Dual Coverage HMO. $5.51.
Employee biweekly cost in 1997 for dependent coverage (employee + 1) will be: 1)
Prucare Plus - $62.88; 2) Prucare HMO - $38.25; 3) Dual Coverage Plus - $0; and 4) Dual
Coverage HMO - $0. Employee biweekly cost in 1997 for dependent coverage (employee
+ 2 or more) will be: 1) Prucare Plus - $169.29; 2) Prucare HMO - $128.24; 3) Dual
Coverage Plus - $72.55; and 4) Dual Coverage HMO ~ $31.51.
,. --\
!.,;..f
Ricky Battle. Miles 8allogg, Jorge Carrasquillo, John Zegzdryn. and Judy Smith
opposed the 3-tier program citing it is not equitable to employees with more than one
dependent, employees will have to drop coverage for their families, and employees are not
aware of the size of the proposed increase. It was suggested the cost be borne by all
employees tike school taxes. In answer to a question, Human Resources Manager Susan
~ichsm!th eeid the r::tc diff5iillll':':tl i~ ui;lsed on aCTwuy numbers.
-
Dan Mayer supported a 3-tier plan but suggested rates include disincentives for
unhealthy lifestyles or a tier matrix based on income. He said if families can receive
coverage elsewhere for lower premiums, the benefit is a Iiabllity and unfair.
Pete Fire, member of the FOP and Insurance Committee, said he voted for the 3-tier
plan, indicating no one has proposed a better plan. He felt jt was unfair for a single parent
with one child to have paid for the family plan all these years. He said retirees will gain by
this plan. He wished a reduction in the family plan was possible but noted no one in his
membership had come to him and spoken against the 3-tier plan.
In response to a question, Ms. Highsmith said other options for allocating the
premiums exist and the HMO does not have a deductible. Deputy City Manager Kathy Rice
said raising deductibles would not decrease the premium by much. In answer to a
question. Ms. Highsmith said 95% of employees are under HMO plan.
Commissioner Hooper stated he had served on the Insurance Committee which
works hard and makes tough calls. It was suggested the rates could be structured
differently. In answer to a question, Ms. Highsmith said staff could not decipher responses
that did not answer "yes" or "no" regarding a 3-tier option. Human Resources Director
J
mccOBb.96
13
OB/1 5/96
" ' '. ,,' ,. . . ' .' I'
~ Mike Laursen said staff could revisit the rate structure, but noted the structure of the
. · proposal is actuarially correct.
Commissioner Johnson moved to extend the health insurance contract to Prudential
Health Care System of Tampa Bay, Tampa, Florida under a fully insured funding
arrangement for the contract period of January 1, 1997 to December 31, 1997, at an
estimated cost of $3,569,279.20 and to offer a three-tier medical option effective January
" '997, and that the appropriate officials be authorized to execute same. The motion
was duly seconded. Commissioners Johnson, Hooper, and Seel and Mayor Garvey voted
"Ayell; Commissioner Clark voted "Nay.1I Motion carried.
ITEM #26 - Commission Policies (elK)
Changes have been made as directed at previous meetings and Monday's Work
Session.
Commissioner Clark referred to policy BG-4, and expressed concern regarding the
definition of emergency. He recommended requiring a super majority be required to make
that decision. The City Attorney suggested addressing that issue in City Commission
Rules which will be discussed at the next City Commission meeting.
Commissioner Clark moved to approve the City Commission Policy Book. The
motion was duty seconded and carried unanimously.
<~) ITEM #27 - Develoement Code Adiustment Board - , aOlJOintment (elK)
Commissioner Johnson moved to appoint Ron Stuart. The motion was duly
seconded and carried unanimously.
ITEM #28 - Other Pendina Matters - None.
CITY ATTORNEY REPORTS
ITEM 1129 - First Readina Ordinances
a) Ord. #6074-96 - Amending Art. 1 of Ch. 28, to create Sec. 28.11 to prohibit a person
from using skateboards, roller skates, in-line skates, coasters and other similar devices in
specified locations
The City Attorney presented Ordinance 116074-96 for first reading and read it by
title only.
The City Attorney said the ordinance was advocated by downtown property owners
whose property was damaged by skateboarders. The ordinance exempts Pinel/as Trail. It
prohibits skateboards, in-line skates, etc., in public parking lots, garages and where
posted. Commissioner Johnson expressed concern the ordinance as proposed would
eliminate skateboarding in the City as it would not be allowed on any City street.
\ .....",)
mcc08b.96
14
08/15/96
, . . ~ . ,.' It ~' , ,
, . .... ,. :
l'
.~, "" ..<
r~ Commissioner Johnson moved to amend Ordinance 116074-96 to delete paragraph a
from subsection 1 of Section 28.11, which makes it unlawful for a person to ride a
skateboard on any City street except while crossing a street on a crosswalk.
In response to a question, the City Attorney said State law does not specify
skateboards but forbids coasters and similar devices on all streets but is not heavily
enforced.
The motion was duly seconded. Upon the vote being taken, Commissioners
Johnson, Clark, Hooper and Seel voted "Aye"; Mayor Garvey voted IlNay." Motion carried.
Commissioner Johnson moved to amend Ordinance #6074-96 existing paragraph b
of subsection 1 of Section 28.11 to add the words "or street" after the words "On any
sidewalk. n The motion was duly seconded. Commissioners Johnson, Clark, Hooper and
Mayor Garvey voted IIAyell; Commissioner Seel voted IINay.1I Motion carried.
Commissioner Johnson moved to pass Ordinance 116074-96 as amended on first
reading. The motion was duly seconded.
Jim Shirk, Lucille Casey. Dean Duprey, Jim Telarchyck, Michael Shanker, Anna
Hutchen, and Roy Shaw opposed the ordinance citing in-line skaters should be permitted to
skate from their cars in public parking lots or be able to cut through parking lots, bad
behavior should be eliminated and not skates, families should be responsible for children's
."."} f I h
\"'1";' actions. skateboards are an alternative mode 0 transportation for young peop e, t e
ordinance punishes children living downtown, skateboarding is a form of recreation, and a
recommendation that a designated area be established for a skateboard park.
The City Attorney indicated the ordinance could be amended to allow skaters
access from their vehicles. She said parking lots were addressed because people were
skating in parking lots. Consensus was to amend the ordinance at second reading.
Ed Stout and Bob Bickerstaffe supported the proposed ordinance citing near
accidents, running into pedestrians with skateboards, concern for tourism, lack of control
of skateboards. concern skateboards are not safe modes of transportation, and the need
for supervision.
Upon roll call, the vote was:
"Ayes": Johnson, Hooper, Seel and Garvey.
"Nays>): Clark.
Motion carried.
ITEM #30 - Resolutions
v
mccOBb.96
15
08/15/96
r)
a) Res. #96-47 - Abatement Lien - 630 Drew St., Jones' Sub. of Nicholson's, Blk 7. Lots
1 -3 and part of vacant alley (Schoeller / Daniel)
The City Attorney presented Resolution #96-47 and read it by title only.
Commissioner Seel moved to pass and adopt Resolution #96-47 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
"Ayes": Johnson, Hooper, Seel and Garvey
"Nays": Clark.
Motion carried.
The City Attorney indicated this resolution was not ready for approval.
Commissioner Hooper moved to rescind approval of Resolution 1196-47. The motion
was duly seconded and carried unanimously.
Item #308 was pulled.
ITEM #31 - Other City Attornev Items
Consent for AmSouth Crosswalk Encroachment
:'\")1~
j .
'....
The City Attorney reported AmSouth Bank has requested an encroachment
agreement for a skywalk located over a City easement since 1959. She said the issue
was delayed because of difficulty in obtaining an accurate legal description. She indicated
some urgency exists for its approval. The agreement indicates the skywalk can be
repaired but cannot be expanded. In response to a question, the City Attorney said the
encroachment agreement is standard, stating the bank must maintain the skywalk, etc.
The agreement does not require a payment for the easement.
Commissioner Hooper moved to approve the consent agreement to the crosswalk
encroachment with AmSouth Bank. The motion was duly seconded and carried
unanimously.
ITEM #32 - City Manaoer Verbal Reports
RFP/RFQ Status Report
The City Manager distributed a chart reporting on the status of all current RFPs and
RFGs. The City Manager's office will continue tracking these items.
Proposed eRA on Clearwater beach
\,.J
mccOSb.96
16
08/15/96
, , . '.. . ~ . , , l' ' ." '..' ' . .. . , .' .
~
r~
The City Manager reported she spoke with the County Administrator who thought
there would be no problem with the County Commission approving a CRA on the baach.
She has asked Mr. Shuford to begin the RFP process for a consultant.
The Mayor Questioned if the County Administrator had addressed reconstituting the
DDB (Downtown Development Board). The City Manager said the County Administrator
had expressed concern regarding the transfer of imminent domain. Discussion ensued
regarding whether the reconstitution should be pursued if it would not have condemnation
powers. It was suggested the City may have those powers under certain circumstances.
The City Attorney will check the statute regarding condemnation powers.
Memorial Causeway Bridge
Engineering Director Rich Baier said FOOT's (Florida Department of Transportation)
local district has indicated they are willing to postpone repairs to the Memorial Causeway
Bridge. They are having problems negotiating with the contractor. Mr. Baier said FOOT
has requested a letter from the City indicating Clearwater consents to the delay. Concern
was expressed the consent letter include limits regarding when the work will be done. In
answer to a Question, Mr. Baier said FOOT had estimated repairs would cost $1.2-million
while the contractor has bid $1 .8~million.
Consensus was for the City Commission to send the FOOT a letter consenting to
the delay with the understanding work will not occur during the tourist season.
',"''''
~,;~..,.'I
ITEM #33 . Commission ~iscussion Items
a) DDB (Downtown Development Board) contribution to the CRA {Community
Redevelopment Agency}
The need for an advertisement agency of record was questioned. The City Manager
said it is time to appoint a new agency. The Mayor suggested the ODB contribution be
used for advertising expenses.
In response to a question, it was indicated the CRA is required to set aside 20% of
tax increment income to the reserve. The question is how much the CRA should return to
the ODB. It was suggested the funds be used for the DDS to sublease the CRAis
downtown office. Ms. Rice said the eRA is working with the DOS regarding that issue. It
was noted unfavorable responses have been received regarding proposing legislation to
exempt the DDS from the payment of TIF (tax increment financing) to the CRA.
ITEM #34. Other Commission Action
<;,ommissioner Seel congratulated Dunedin for receiving the Claude Pepper Award.
Commissioner See' requested initiating discussion with the Pinellas County School
Board and nearby cities regarding a shared skateboard facility.
;~
mcc08b.96
17
08/15/96
cf
t)
Commissioner HooDer requeste'd the status of the redevelopment of the old
Morrison site on Cleveland Street. '
Commissioner Hoooer requested information regarding the proposal to construct a
parking garage at Pelican Wan~.
Commissioner Clark questioned the rationale of the statement by Carol Marchner of
the FLC (Florida League of Cities) indicating the organization would oppose legislation to
exempt the DDS from paying the TIF. The City Clerk explained the opposition was based
on the proposaPs impact on other cities. The City Attorney reported she had contacted an
attorney for the FLC. While FLets Board of Directors would have to decide their final
position, the attorney had indicated it was likely they would not favor such a bill.
Commissioner Clark requested staff look into placing an American flag on the
Clearwater Pass Bridge.
Commissioner Clark addressed the skateboard issue, stating constructing a
skateboard park is a simplistic idea as insurance would be most difficult to obtain. He said
common decency cannot be legislated which is what the ordinance tries to do.
ITEM 1135 - Adiournment
The meeting adjourned at 10:28 p.m.
l....:<)
.......M
ATTEST: C~ ~~D .'oDo,
UCitY Clerk
er
'..
mcc08b.96
18
08/15/96