09/19/1996 (2)
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COMMISSION
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ACTION AGENDA - CLEARWATER CITY COMMISSION MEETING
Thursday, September 19, 1996 * 6:00 P.M. - Chambers
1 . Invocation
2. Pledge of Allegiance
3. Service Awards
4. ,Introductions and Awards
5. Presentations:
a) Development Code Adjustment Board -
Annual Report
b) Sunsets at Pier 60 - Bob Hennion
6. Approval of Minutes - Regular Meeting
9/5/96
1. Father James Rousakis, Greek Orthodox
Church of the Holy Trinity.
2. Mayor.
3. 1 award presented.
4. Clearwater Gas presented Pasco Small
Business Service Industry of the Year Award.
Citations to Countryside Majors Softball AlI-
Stars World Series Winners r 11 & 1 2 year
old girls}
5. a) Report received.
b) None.
6. Approved as corrected.
7. Citizens to be heard re items not on the Agenda
John McGuire announced Hulk Hogan has agreed to assist in marketing in conjunction with the
Nagano efforts.
Marcus Taylor requested an investigation of Morton Plant Hospital's lab work.
,.John Doran invited the Commission to the Clearwater Beach Association Town Meeting on 9/25/96.
He encouraged residents on Clearwater beach sign the petition requesting reclaimed water.
Joe Evich stated he was not satisfied with the response he receivArf re the rcloc;:,lim1 of '"....;:;tei ftl~lljrS;
requested additional information.
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PUBLIC HEARINGS
8. Public Hearing & First Reading Ord. #6082-
96 - Vacating existing 10' drainage & utility
easement lying along SE side of Lot 12,
Forest Wood Estates (David D. & Kathleen
Clausen, V96-11) (EN)
9. Public Hearing & First Reading Ords. #6080-
96 & #6081-96 - Annexation & RS-8 Zoning
for property located at 1751 Ragland Ave.,
Clearwater Manor, Lot 73 (Kenneth Schilling /
Terence A. & Kelli J. Suiters, A96-25}
10. Budget - 1996-97 - Second Reading - Ord.
#6086-96 - Declaring millage rate to be
levied for FY beginning 10/1/96 and ending
9/30/97, for operation purposes including
pensions and debt service, and road
maintenance for capital improvement
expenditures at 5.1158 mills; providing an
effective date, the levy of 5.1158 mills
constitutes a 1.21 % increase over the rolled
back rate of 5.0547 mills (eM)
Y9/19/96
8. Approved. Ord. #6082-96 passed 1 st
reading.
9. Approved. Ords. #6080-96 & 6081 ~96
passed 1 st reading.
10. Approved. Ord. #6086-96 adopted.
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~11. Budget ~ 1996.97 - Second Reading - Ord.
,,} #6087-96 - Adopting an Operating Budget for
FY beginning 10/1/96 and ending 9/30/97;
authorizing City Manager to issue such
instructions necessary to achieve and
accomplish the service programs so
authorized; authorizing City Manager to
transfer moneys and programs among the
departments and activities within any fund as
provided by Ch. 2 of Code (CM)
12. Budget - 1996-97 - Second Reading. Ord.
#6088.96 - Adopting the Capital
Improvement Program Budget for FY
beginning 10/1/96 and ending 9/30/97;
approving the six year CIP which shall be
reevaluated at the beginning of each fiscal
year; authorizing City Manager to issue such
instructions necessary to achieve and
accomplish the capital improvements so!
authorized; authorizing City Manager to
transfer money between projects in the CIP;
appropriating available and anticipated
resources for the projects identified (CM)
,t 13. Public Hearing - Res. #96-61 - authorizing
t;;;'~ transmittal of the City's application for
inclusion in the State Sustainable
Communities Demonstration Project
(statement of interest)
14. Public Hearing & First Reading Ord. #6075-
96 - revising appointment standards for
Planning and Zoning & Development Code
Adjustment Boards (LDCA96-16)
15. Public Hearing & First Reading Ord. #6076-
96 - Amending Secs. 40.034, 40.043,
40.064; 40.084, 40.104 & 41.053 to allow
noncommercial parking as a conditional use in
single family residential districts IlOCA96-
12)
16. Public Hearing & First Reading Ord. #6071-
96 - Amending Comprehensive Plan including
amendments to future land use element as
required by F.S.163, related to the Public
Education Facility Siting Act
17. Public Hearing & First Reading Ords. #6078-
96 & #6079~96 - Land Use Plan Amendment
to Institutional & P/SP Zoning for property
located at 1331 Cleveland St., Brookwood
V9/19/96
11. Approved. Ord. 116087-96 adopted.
12. Approved. Ord. #6088-96 adopted.
13. Res. #96-61 aeJopted.
14. Approved. Ord. #6075-96 passed 1 st
reading.
15. Approved. Ord. #6076-96 passed 1 st
reading.
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16. Approved. Ord. #6071-96 passed 1 st
reading.
17. Continued to 10/17/96.
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Terrace Revised, Blk 6, .Lots 3-8, part of Lots
1 & 2, Lots 9-1 3 and N Yt vacated street
(Jaml AI Salam Inc., LUP96-05, 296-10) - To
be Cont.
Public Hearing - Second Reading Ordinances
18. Ord. #6089-96 - Amending Operating Budget 18. Ord. #6089-96 adopted.
for FY ending 9/30/96 to reflect increases
and decreases in revenues and expenditures
for the General Fund, Special Development
Fund, Special Program Fund, Water and
Sewer Fund, Gas Fund, Solid Waste Fund,
Storm water Utility Fund, Recycling Fund,
Parking Fund, Pier 60 Fund, General Services
Fund, Garage Fund, Central Insurance Fund,
and Administrative Services Fund
19. Ord. #6090-96 - Amending the Capital 19. Ord. #6090-96 adopted.
Improvement Program Report and Budget for
FY ending 9/30/96 to reflect an increase in
budget expenditures to expand the scope of
projects in the functional categories of Fire
Protection, Intersections, Garage, City Hall
Annex, Miscellaneous, Storm water Utility,
(~ and Gas System, and to reflect a decrease In
" ., budget expenditures to reduce the scope of
projects in the functional categories of Park
Development, Marine Facilities, and City Hall,
for a net increase of $2,929,572
20. (Cont. from 9/5/96) Ord. #6074-96 - 20. Ord. #6074-96 denied.
Amending Art. 1 of Ch. 28, to create Sec.
28.11 to prohibit a person from using
skateboards, roller skates, ir)-line skates,
coasters and other similar devices in specified
locations
21. Not Public Hearing - First Reading Ord. 21. Ord. #6098~96 denied.
#6098-96 ~ Amending Art. 1 of eh. 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
22. Ord. #6066-96 - Land Use Plan Amendment 22. Ord. #6066-96 adopted.
to Preservation for property located at 20162
US19N, Sec. 18-29-16, part of M&B 44.04,
Sever Park, part of Lot 3 (Ass & Katherine
lewis, LUP96-04)
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~3. Ord. #6067-96 - Preservation Zoning for
': property located at 20162 US 19N, Sec. 18-
29-16, part of M&B 44.04, Sever Park, part
of Lot 3 (Asa & Katherine Lewis, 296-07)
24. Ord. #6072-96 - Annexation for property
located at 1460 Sunset Point Rd., Sunset
Highlands Unit 2, Lot 11 (Rawlings, TRE,
A96-24)
25. Ord. #6073-96 - RS-8 Zoning for property
located at 1460 Sunset Point Rd., Sunset
Highlands Unit 2, lot 11 (Rawlings, TRE,
A96-24)
23. Ord. #6067-96 adopted.
24. Ord. #6072-96 adopted.
25. Ord. #6073-96 adopted.
CITY MANAGER REPORTS
CONSENT AGENDA (Items #26-39) - Approved as submitted less #s 28 & 36.
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.
26. Lease renewal with Albert & Linda Guy for property located at 1000 Vine Avenue, Jurgens
Addition to Clearwater, Blk E, part of Lot 10, for CRT North Greenwood Neighborhood Office, for
,';, the period 10/1/96-9/30/97, for $4,800 ($400 per month)(CRT)
; ",....,.:'l27. Purchase of property, casualty, liability, worker's compensation, & flood insurance coverage for
FY 1996-97, in an amount not to exceed $900,000 (FN)
28. ,o.pprove recommendations of Technical Review Committee for allocation of $38,000 in additional
city social service funds which were approved by the Commission during budget hearings (HM) -
CONTINUED TO 10/3/96
29. Extend contract for mental health / substance abuse coverage with Professional Psychological
Services (PPSI. Clearwater, FL, for the period 1/1/97-12/31/97. at an est. $167,428.80 (HR)
30. U.S. Coast Guard Lease for marina building room 26, for a 5 year period. with annual renewals
through 9/30/2001, for $11,400 (MRl
31. Lease Agreement with Daystar Properties, Inc., for premises located at 1217 A N. Ft. Harrison
Ave., for the period 10/1/96-9/30/99, at an annual rental of $6,600 (PO)
32. Lease Agreement with Sgt. Allen Moore Community Partnership, Inc., for 1996 Ford Econoline 15
Passenger Club Wagon, for 1 year commencing 9/20/96, renewable for up to additional 4 years,
at annual payment of $1 (PO)
33. Purchase Order to secure double detector check valve assemblies through a City of Tampa
contract with Davis Meter and Supply, Tampa, FL, for the period 9/20/96-8/14/97, at a total est.
$61,525 (PW)
34. License Agreement for r-o-w with Sun Country Cleaners, Inc., for portion of Lots 6-10, Blk C,
Coachman Heights Sub., for 5 years, with initial year license fee of $1,020 if paid at $85 per
month; or at Licensee's option, a single annual advance payment of $960 plus applicable sales
taxes, adjusting upward 4% annually, having option to extend for 3 additional 5 year terms tEN)
'''-'9/19/96
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~35. Supplemental Agreement 119 to consultant services agreement Ire Clearwater Pass Bridgel with
. .,.., David Volkert & Associates, Inc., providing for preparation of Record Drawings and providing
redistribution of approved payment amounts in Phase II of the agreement with no increase to the
agreement amount (EN)
36. Contract for parking attendant services at Pier 60 & S. Gulfview parking lots to Central Parking
System of Florida, Inc., Tampa, FL, for the period 10/1/96-9/30/99, tor $802,158 (EN) -
APPROVED.
37. Receipt/Referral - LDCA to amend Sec. 41.221 to allow Outdoor Cafes in the P/SP and Open
Space/Recreation Zoning Districts on Clearwater Beach ILDCA96-20HCP)
38. Commission Policies 180-13 & LD-14) to restrict Advisory Board member display of campaign
materials at board meetings & establishing procedure for conversions of Mobile Home Parks (elK)
39. Appoint Commissioner Seel as National League of Cities voting delegate and Commissioner
Johnson as alternate
OTHER ITEMS ON CITY MANAGER REPORT
40. Res. #96-60 - amending Res. 1196-25 which
established the State of Florida Incenti,ve
Partnership (SHIP) Local Housing Assistance
Plan tor State Fiscal Year 1996-97 (ED)
41. Lease Agreement with Jolley Trolley
Transportation of Clearwater, Inc., for use of
portion of Memorial Civic Center, for the
....'.... period 10/1/96-9/30/2001. at rental rate of
I.....) $1 per year (eM)
, 42. Funding Agreement with Jolley Trolley
Transportation of Clearwater, Inc., to fund in
part the operational costs incurred in
providing activities & services authorized by
agreement for period 10/1/96-9/30/2001,
subject to annual budgetary appropriation
approved by the Commission (eM)
43. ICont. from 8/15/96) Marina Business Plan
(MR)
44. Res. #96M59 ~ increasing basic vessel slip
rental fees at Clearwater Municipal Marina;
First Reading Ord. #6085.96 - to amend Sec.
33.028 to authorize City Manager to approve
vessel slip rent increases up to 10% annually
(MR)
45. Pier 60 Business Plan (MR)
46. Lobbyist Contract - establish a ranking and
authorize negotiation with top ranked firm
(eLK)
47. Approve ranking of prospective Fixed Base
Operators to furnish aviation services at
Clearwater Airpark (EN)
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40. Approved. Res. 1196~60 adopted.
41. Approved.
42. Approved.
43. Approved.
44. Approved. Res. 1196~59 adopted. Ord.
#6085-96 passed 1 st reading.
45. Approved.
46. Ranked Pennington, Culpepper, Moore,
Wilkinson, Dunbar & Dunlap #1; authorized
negotiation of contract.
47. Continued to 10/3/96.
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'~8. Contract for demaHtlon of commercial 48. Approved.
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I structures at 10 S. Missouri Ave., & 1165
Cleveland St. to E.L. Trevena, Inc., Pinellas
Park, FL, for $154,637 and approve
environmental projects costs of $42,648.60
to: Advantage Environmental Services. Inc.
($4,330) on current annual contract with
General Services; Lang Engineering of Florida,
Inc. ($25,576.80) on current annual contract
with University of South Florida;
Occupational Health Conservation, Inc.
($3,992) on current annual contract with
Pinellas County; $5,750 reserved in case
contaminated soil is encountered; $3,000
'reserved for disposal of hazardous waste
products presently remaining on site; an
additional $475.65 included for
advertisement of the project, for a total of
$197,761.45 (EN)
49. Payment of $19,065 to Post, Buckley, Schuh 49. Continued.
& Jernigan, Inc., for evaluation of a scaled
down version of the Town Lake Project that
would be known as the "Cell 2" concept (EN)
50. Other Pending Matters 50. None.
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CITY ATTORNEY REPORTS
51. Resolutions
al Res. #96-62 - Assessing property owners the al Res. #96-62 adopted.
costs or having mowed or cleared owners' lots
52. Other City Attorney Items - None.
53. City Manager Verbal Reports
a} Pinellas County Legislative Delegation Breakfast - 11/12/96
City Manager announced the City is sponsoring the breakfast, 8:00 a.m. at Harborview
b) Countryside Recreation Center - Sunday Hours
City Manager requested permission to experiment with Sunday hours at 5 recreation Centers.
Commission directed the item be on the next meeting's agenda.
c} Schedule Community Meeting re Edgewater Drive Project
Scheduled for 11/4/96, 7:00 p.m. at Lawn Bowling Club.
City Manager suggested $67,000 & $50,000 received from GTE for their cable franchise be set
aside for technology upgrades in City Hall. Consensus to do so.
VS/19/96
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City Manager requested confirmation of Commission members attending the Enterprise Florida
Dinner. Seel & Hooper confirmed, Clark will confirm on Friday.
City Manager reported a letter was received from Bombers requesting reconsideration of
$10,000 match. Consensus not to agenda.
City Manager announced the City has received a rating of 3 from the Insurance Service Office.
She stated this is one of the highest ratings.
54.
Other Commission Action
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S..e.el questioned why Countryside Recreation Center could not be leased until January. City
Manager indicated Parks & Recreation felt they needed that much time to assure the facility is
functioning properly. City Manager will see jf can begin leasing earlier.
Se.el questioned why Court Street is again being torn up. Rich Baier reported this is work on the
Stevenson Creek Project that could not be coordinated w/FDOT's work.
Johnson questioned what is a scenic corridor. Scott Shuford reported it is a classification in the
Countywide rules intended to restrict the intensity of development.
Hoop~( congratulated the Colt 455 Softball Team for winning the Championship. He reported the
tournament brought in many out of town visitors.
Hooper thanked the Wood Valley Advisory Board for their complimentary letter re Wood Valley
Recreation Center and Parks & Recreation staff.
.Qar.k announced an anonymous individual wants to donate a flag pole for Clearwater Pass
Bridge. Consensus to accept.
Garvey questioned if staff could follow up on Florida League of Cities Federal Action Strike Team
requests. Commissioner Seel expressed interest in participating. Staff will contact the ~eague.
Garvey questioned the necessity for monthly litigation reports. Consensus to get them quarterly.
Garvey questioned the status of the Time Warner franchise. The Deputy City Manager & City
Attorney reported we are close to agreement.
Garvey announced what was Know Your Local Goverment on Channel 9 will now be City Talk on
the City's Channel 15.
55. Adjournment - 9:43 p.m.
V9/19/96
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CiTY COMMISSION MEETING
CITY OF CLEARWATER
September 19, 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-Mayor 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. The invocation was
offered by Father James Rousakis of Greek Orthodox Church of the Holy Trinity. 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
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One service award was rrFlo:t:'l"!!~d t~ ~ C:~-:: ~,nr!oyee.
ITEM #4 - Introductions and Awards
The Clearwater Gas System presented their award from the Pasco County
Committee of 100 naming them 1996 Pasco County Small Business Service Industry of
the Year.
Citations were presented to the Countryside Majors Softball 'All-Stars 1996 World
Series Winners for 11 and 1 2 year-aids and their coaches.
ITEM #5 - Presentations
a) Development Code Adjustment Board - Annual Report
Otto Gans. DCAB (Development Code Adjustment Board Chair), reviewed the
board's past year's actions on zoning variances and review of proposed ordinances. A
Hearing Officer upheld the one decision that was appealed. The board suggested the City
Commission return responsibility of hearing sign variances to DCAB. Mr. Gans recognized
board members and thanked staff.
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bl Sunsets at Pier 60 . Bob Hennlon . None.
ITEM #6 - Aooroval of Minutes
The City Clerk referred to page 13, paragraph 1, sentence 2, and noted both May
dates should read" 1995," and page 14. paragraph 1, sentence 1. and indicated the name
should be spelled "Duane."
The Mayor referred to page 2, paragraph 3, and indicated the correcting spelling is
"Holm."
Commissioner Seel moved to approve the minutes of the regular meeting of
September 5, 1996. as corrected. The motion was duly seconded and carried
unanimously.
ITEM #7 ~ Citizens to be heard re items not on the Agenda
J.2hn McGuire reported Hulk Hogan has agreed to help with City efforts regarding
the 1998 Olympics to be held in Clearwater's Sister City, Nagano, Japan.
Marcus Tavlor accused Morton Plant Hospital's laboratory of malpractice, cover-up,
and racial prejudice.
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John Doran invited Commissioners to attend a Clearwater Beach Association town
meeting at the Memorial Civic Center on September 25, 1996, at 7:00 p.rn.. Mr. Doran
also encouraged Clearwater beach residents to sign a petition to bring reclaimed water to
Clearwater beach.
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Joe Evich requested a more in-depth answer to his questions regarding the
relocation of water meters.
Sheila Cole, Clearwater Homeowner's Association Chair, expressed concern
homeowners' liability increases when water meters are moved onto private property. She
questioned where the City next plans to relocate water meters.
PUBLIC HEARINGS
ITEM #8 - Public Hearing & First Readinq Ord. #6082.96 - Vacating existing 10' drainage
& utility easement lying along SE side of Lot 12, Forest Wood Estates (David D. &
Kathleen Clausen, V96-11 HEN)
The applicant wants to construct a swimming pool and screened enclosure in his
backyard. The City has no existing or proposed utilities within the subject easement.
Utilities have reviewed the proposed request and voiced no objections. City departments,
concerned with vacations. reviewed the application and offered no objections. The
applicant also requested the Commission allow him to legally add approximately four feet
of adjacent property to his ownership. As that subject property does not belong to the
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, , City, the Commission cannot address that request. The City Engineer recommends
approval of the vacation request.
Commissioner Johnson moved to approve the applicant's request to vacate the 10-
foot utility easement across the rear of Lot 12, Forest Wood Estates Subdivision. The
motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance 116082-96 for first reading and read it by
title only. Commissioner Hooper moved to pass Ordinance #6082-96 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 #9 * Public Hearing & First Readina Ords. #6080-96 & #6081.96 - Annexation & RS.
8 Zoning for property located at 1751 Ragland Ave., Clearwater Manor, Lot 73 (Kenneth
Schilling / Terence A. & Kelli J. Suiters, A96-25)
The applicant has requested annexation and proposed zoning of Single-Family
Residential "Eight" for 1751 Ragland Avenue to obtain sewer service. On September 10,
1996, the Planning & Zoning Board unanimously endorsed the request.
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Commissioner Hooper moved to approve the Petition for Annexation and Zoning
Atlas Amendment to Single-Family Residential "Eight" (RS-8) for Lot 73, Clearwater
Manor, and that the appropriate officials be authorized to execute same. The motion was
duly seconded and carried unanimously.
The City Attorney presented Ordinance #6080-96 for first reading and read it by
title only. Commissioner Clark moved to pass Ordinance #6080.96 on first reading. The
motion was duly seconded and upon roll call. the vote was:
"Ayes": Johnson, Clark, Hooper, Seel and Garvey.
"Nays": None.
The City Attorney presented Ordinance #6081-96 for first reading and read it by
title only. Commissioner Johnson moved to pass Ordinance 116081-96 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 #1 0 - Budget - 1996-97 - Second Reading - Ord. #6086-96 - Declaring millage rate
to be levied for FY beginning 10/1/96 and ending 9/30/97, for operation purposes including
pensions and debt service, and road maintenance for capital improvement expenditures at
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..... 5.1158 mills; providing an effective date, the levy of 5.1158 mills constitutes a 1.21 %
increase over the rolled back rate of 5.0547 mills {eM)
Commissioner Hooper moved to declare the millage rate to be levied for FY (fiscal
year) 1996/97. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #6086~96 for second reading and read it by
title only. Commissioner Seel moved to pass and adopt Ordinance 116086*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 #11 - Budget - 1996-97 - Second Reading - Ord. #6087-96 - Adopting an Operating
Budget for FY beginning 10/1/96 and ending 9/30/97; authorizing City Manager to issue
such instructions necossary to achieve and accomplish the service programs so authorized;
authorizing City Manager to transfer moneys,and programs among the departments and
activities within any fund as provided by Ch. 2 of Code (CM)
Commissioner Hooper moved to adopt the Operating Budget for FY 1996/97. The
motion was duly seconded and carried unanimously.
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The City Attorney presented Ordinance #6087-96 for second reading and read it by
title only. Commissioner Johnson moved to pass and adopt Ordinance 116087-96 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 #12 - Budget - 1996-97 - Second Readin!:! - Ord. #6088-96 * Adopting the Capital
Improvement Program Budget for FY beginning 10/1/96 and ending 9/30/97; approving the
six year CIP which shall be reevaluated at the beginning of each fiscal year; authorizing
City Manager to issue such instructions necessary to achieve and accomplish the capital
improvements so authorized; authorizing City Manager to transfer money between projects
in the CIP; appropriating available and anticipated resources for the projects identified (eM)
Commissioner Hooper moved to adopt the Capital Improvement Program Budget for
FY 1996/97. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance 116088-96 for second reading and read it by
title only. Commissioner Hooper moved to pass and adopt Ordinance #6088-96 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel and Garvey
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"Nays": None.
ITEM # 13 - Public Hearina - Res. #96-61 - authorizing transmittal of the City's application
for inclusion in the State Sustainable Communities Demonstration Project lstatement of
interest)
The 1996 legislature authorized the DCA (Department of Community Affairs) to
initiate a sustainable communities demonstration project. As many as five local
governments may be selected to participate. At least three must be located within the
South Florida Water Management District. Communities chosen will be of differing sizes
and characteristics. The legislature's intent is for the project to further 6 broad principles
of sustainability: 1) restoring key ecosystems; 2) limiting urban sprawl; 3) protecting
wildlife and natural areas; 4) advancing the efficient use of land and other resources; 5)
achieving a cleaner and healthier environment; and 6) .creating Quality communities and
jobs.
Staff is interested in pursuing the designation of Clearwater as a sustainable
community under this program. Communities that enter into a designation agreement as
sustainable communities may receive certain exemptions from State laws regarding local
government comprehensive planning. Other regulatory and financial incentives also may
be available.
,~)
Much of Clearwater's work may qualify it for consideration: 1) reclaimed water; 2)
recycling; 3), environmental protection; 4) neighborhood planning; 5) redevelopment
planning; 6) infill development; 7} identification of key resources; 8) brownfields; 9)
economic development; and 10) tourism efforts. To be considered, the City must transmit
a statement of interest to the DCA by September 30, 1996. Staff requests the City
Commission approve the resolution that authorizes transmittal of the statement of interest.
Central Permitting Director Scott Shuford said staff will avoid an unfunded mandate
scenario.
The City Attorney presented Resolution #96.61 and read it by title only.
Commissioner Johnson moved to pass and adopt Resolution #96-61 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
"Ayes": Johnson, Clark, Hooper. Seel and Garvey
"Nays": None.
ITEM #14 - Public Hearina & First Reading Ord. #6075-96 ~ revising appointment standards
for Planning and Zoning & Development Code Adjustment Boards (LDCA96-16)
The City Commission had directed staff to make code amendments to broaden the
Commission's ability to make appointments to the Planning & Zoning and Development
Code Adjustment Boards. Both boards reviewed and approved this ordinance.
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Commissioner Johnson moved to approve the proposed land Development Code
Amendment revising appointment standards for the Planning & Zoning and Development
Code Adjustment Boards. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #6075.96 for fjrst reading and read it by
title only. Commissioner Clark moved to pass Ordinance #6075-96 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 #1 5 - Public Hearino & First Reading Ord. #6076-96 - Amending Se'cs. 40.034,
40.043, 40.064, 40.084, 40.104 & 41.053 to allow noncommercial parking as a
conditional use in single family residential districts (LDCA96-12)
I::;)
Non commercial parking is parking associated with an adjoining nonresidential use
for which there is no charge. The City does not permit noncommercial parking in single-
family residential zoning districts. This has caused some permitting delays for additions to
institutional uses such as churches and hospitals and has limited redevelopment options for
constrained commercial properties such as the FINA station on Gulf~to-Bay Boulevard.
Pinellas County permits noncommercial parking in all of its residential zoning districts. The
City has limited this use to only multifamily zoning districts.
Recent examples of land use plan or zoning changes necessary to accommodate
parking expansion requests for institutional uses include: 1) Clearwater Community
Hospital; 2) Hellenic Orthodox Traditional Church of America; and 3) Mt. Zion United
Methodist Church. As proposed, noncommercial parking would be by conditional use
permit only. The Planning & Zoning Board would be charged with ensuring compatibility
standards and site design requirements are met on a case-by~case basis. On August 20.
1996, the Planning & Zoning Board unanimously approved this code amendment.
Mr. Shuford said some commercial properties need added room and redevelopment
needs flexibility. Conditions for site lighting. extra walls, landscaping. etc., address
concerns regarding effects on residential areas. Pinellas County allows noncommercial
parking in residential zoning districts..
Commissioner Seel expressed concern regarding potential impacts on
neighborhoods and recommended the City Commission hear these requests. The Mayor
believed all conditional uses impact neighborhoods and the Commission is careful when
appointing members to the Planning & Zoning Board.
Sheila Cole, Chair of the Clearwater Homeowners Association, expressed concern
noncommercial parking will intrude into residential neighborhoods.
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" The City Attorney reported the Commission would have to hear conditional use
requests in a quasi-judicial capacity. The majority felt the Planning & Zoning Board should
continue hearing all conditional use requests.
Commissioner Clark moved to approve the proposed' Land Development Code
Amendment permitting noncommercial parking in Single-Family Residential Districts as a
Conditional Use. The motion was duly seconded. Commissioners Johnson, Clark and
Hooper and Mayor Garvey voted "Aye"; Commissioner Seel voted "Nay," Motion carried.
The City Attorney presented Ordinance #6076-96 for first reading and read it by
title only. Commissioner Hooper moved to pass Ordinance #6076-96 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper and Garvey.
"Nays": Seet.
Motion carried.
ITEM #16 - Public HearinQ & First Reading Ord. #6071-96 - Amending Comprehensive Plan
including amendments to future land use element as required by F.S.163, related to the
Public Education Facility Siting Act
, .~..~)
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On July 18, 1996, the City Commission received the amendment to the
Comprehensive Plan addressing public education facilities in certain land use categories.
The requirement for the School Board to hold necessary Public Hearings for school sitings
is Included in the amendment. This ordinance amends the Comprehensive Plan associated
with public education facilities sitings as required by State law.
Staff recommends the City Commission adopt at second reading a resolution
authorizing staff to transmit the amendment to the appropriate agencies. Staff will bring
the related amendment to the land Development Code and the Interlocal Agreement to the
City Commission in the near future. On August 20, 1996/ the Planning & Zoning Board
unanimously endorsed the amendment.
Commissioner Johnson moved to approve the amendment to the Clearwater
Comprehensive Plan related to Public Education Facilities and that the appropriate officials
be authorized to execute same. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #6071-96 for first reading and read it by
title only. Commissioner Seel moved to pass Ordinance #6071-96 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel and Garvey.
"Naystr: None.
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. '\ ITEM #17 - Public Hearina & First Reading Ords. #6078-96 & #6079-96 - Land Use Plan
Amendment to Institutional & P/SP Zoning for property located at 1331 Cleveland St.,
Brookwood Terrace Revised, Blk 6, Lots 3-8, part of Lots 1 & 2, Lots 9-13 and N Y2
vacated street (Jami AI Salam Inc., LUP96~05, 296-10)
The City Manager requested this item be continued as the Planning & Zoning Board
has continued this item to their October 1. 1996. meeting.
Commissioner Hooper moved to continue Item #17 until October 17,1996. The
motion was duly seconded and carried unanimously.
Public Hearina - Second Reading Ordinances
ITEM # 18 - Ord. #6089-96 - Amending Operating Budget for FY ending 9/30/96 to reflect
increases and decreases in revenues and expenditures for the General Fund, Special
Development Fund, Special Program Fund. Water and Sewer Fund, Gas Fund, Solid Waste
Fund, Stormwater Utility Fund, Recycling Fund, Parking Fund, Pier 60 Fund, General
Services Fund, Garage Fund, Centrallnsuranr::e Fund, and Administrative Services Fund
, (
The City Attorney presented Ordinance #6089-96 for second reading and read it by
title only. Commissioner Hooper moved to pass and adopt Ordinance 1/6089-96 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
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"Ayes": Johnson, Clark, Hooper, Seel and Garvey
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"Nays": None.
ITEM #19 - Ord. #6090-96 - Amending the Ca'pitallmprovement Program Report and
Budget for FY ending 9/30/96 to reflect an increase in budget expenditures to expand the
scope of projects in the functional categories of Fire Protection, Intersections, Garage, City
Hall Annex, Miscellaneous, Stormwater Utility, and Gas System, and to reflect a decrease
in budget expenditures to reduce the scope of projects in the functional categories of Park
Development, Marine Facilities, and City Hall, for a net increase of $2,929,572
The City Attorney presented Ordinance #6090-96 for second reading and read it by
title only. Commissioner Clark moved to pass and adopt Ordinance #6090-96 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.
The City Manager thanked Budget Director Tina Wilson and her staff for their
efforts in preparing the 1996/97 budget and amendments to the 1995/96 budget.
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'. ITEM #').0 - (Cant. from 9/5/96) 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
Tom Sehlhorst said residents have suffered for 20 year under anti-fun ordinances.
The City Attorney said no ordinance forbids skating in City parks.
AI Sakey said resort communities should be fun and without restrictions. He felt
City ordinances are sufficient to address occasional damage caused by skateboarders. He
opposed a skateboard park and recommended the City Commission table this legislation.
In response to a question, the City Attorney said Item #20 would prohibit
skateboarding on downtown streets and sidewalk~ and where property is posted. The
ordinance proposed in Item #21 allows property owners to post their property but does not
forbid skateboarding on downtown streets or sidewalks. Property could be posted
anywhere in the City. Ordinance #6098-96 would affect only posted properties and
parking garages.
Commissioner Clark moved to deny Ordinance #6074-96 on second reading. The
motion was duly seconded and carried unanimously.
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ITEM #21 - Not Public Hearina - First Reading Ord. #6098-96 - 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 #6098-96 for first reading and read it by
title only.
Commissioner Seel questioned if property owners could protect their property
without posting it. The City Attorney said posting would provide the most effective
protection. Trespassing laws are too broad. Signs would be posted on the property.
Commissioner Clark noted complaints regarding skateboarders where no setbacks
exist downtown. The City Attorney said signs could be posted on the structure.
Engineering Director Rich Baier said lettering on the regulatory signs would have to be at
least 2-inches large. The City Attorney noted most damage occurs to steps, ramps, low
walls, benches, etc. Commissioner Clark felt the ordinance is not user friendly and
suggested waiting until the Pinellas Trail through Clearwater was completed. The Mayor
noted the proposed ordinance affects the entire City, not just downtown. Commissioner
Clark felt the ordinance will not stop skateboarders from damaging property. In response
to a question, the City Attorney said the School Board's ability to post school properties is
based on school rules. She did not think property owners who do not post their property
would be subject to additional liability. Commissioner Johnson agreed the issue should be
addressed after completion of the Pine lias Trail.
Commissioner Johnson moved to deny Ordinance #6098-96 on first reading. The
motion was duly seconded.
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In response to a question, 'the City Attorney said she would recommend posting
properties if the City thought a problem existed. In response to a question, the City
Attorney felt posting would be helpful in providing additional protection to a property
owner. .
Upon the vote being taken, Commissioners Johnson, Clark and Hooper voted
"Aye"; Commissioner Seel and Mayor Garvey voted llNay.": Motion carried.
ITEM #22 - Ord. #6066-9~ - land Use Plan Amendment to Preservation for property
located at 20162 US 19N. Sec. 18-29-16, part of M&B 44.04, Sever Park, part of Lot 3
(Asa & Katherine lewis, lUP96-04)
The City Attorney presented Ordinance #6066-96 for second reading and read it by
title only. Commissioner Clark moved to pass and adopt Ordinance #6066-96 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.
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ITEM #23 - Ord. #6067-96 - Preservation Zoning for property located at 20162 US 19N,
Sec. 18-29-16, part of M&B 44.04. Sever Park. part of Lot 3 (Asa & Katherine Lewis,
Z96-07)
The City Attorney presented Ordinance #6067-96 for second reading and read it by
title only. Commissioner Johnson moved to pass and adopt Ordinance #6067-96 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seal and Garvey
"Nays": None.
ITEM #24 - Ord. #6072-96 - Annexation for property located at 1460 Sunset Point Rd.,
Sunset Highlands Unit 2. Lot 11 (Rawlings, TRE, A96-24)
The City Attorney presented Ordinance #6072-96 for second reading and read it by
title only. Commissioner Hooper moved to pass and adopt Ordinance #6072-96 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 #25 - Ord. #6073-96 - RS-8 Zoning for property located at 1460 Sunset Point Rd.,
Sunset Highlands Unit 2, Lot 11 (Rawlings, TRE, A96-24) ,
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" The City Attorney presented Ordinance #6073-96 for second reading and read it by
title only. Commissioner Hooper moved to pass and adopt Ordinance #6073-96 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 #26-39) - Approved as submitted less #28 and 1136
ITEM #26 - Lease renewal with Albert & Linda Guv for property located at 1000 Vine
Avenue, Jurgens Addition to Clearwater, Blk E, part of Lot 10, for CRT North Greenwood
Neighborhood Office, for the period 10/01/96 -09/30/97, for $4,800 ($400 per month)
(CRT)
ITEM #27 - Purchase of orooerty. casualty. liability. worker's comoensation, & flood
insurance coverane for FY 1996/97, in an amount not to exceed $900,000 (FN)
ITEM #28 - See Page 12.
ITEM #29 - Extend contract for mental health 1 substance abuse coverage with
Professional Psychological Services (PPS) , Clearwater. FL, for the period 01/01/97-
I,~.:) 12/31/97, at an estimated $167,428.80 (HR)
ITEM #30 - U.S. Coast Guard Lease for Marina Building room 26, for a 5 year period, with
annual renewals through 9/30/01, for $11 ,400 (MRl
ITEM #31 - Lease Agreement with Davstar Properties. Inc., for premises located at 1217A
N. Ft. Harrison Ave., for the period 10/01/96 -09/30/99, at an annual rental of $6,600
(PO)
ITEM #32 - Lease Agreement with Sgt. Allen Moore Community Partnershio. Inc., for
1996 Ford Econoline 15 Passenger Club Wagon, for 1 year commencing 09/20/96,
renewable for up to additional 4 years, at annual payment of $1 (POI
ITEM #33 - Purchase Order to secure double detector check valve assemblies through a
City of Tampa contract with Davis Meter and Supply, Tampa, FL, for the period 09/20/96-
08/14/97, at a total estimated $61,525 (PW)
ITEM #34 - License AQreement for r-o~w WIth Sun Country Cleaners. Inc., for portion of
Lots 6-10, Blk C, Coachman Heights Sub., for 5 years, with initial year license fee of
$1,020 if paid at $85 per month; or at Licensee's option, a single annual advance payment
of $960 plus applicable sales taxes, adjusting upward 4% annually, having option to
extend for 3 additional 5 year terms (EN)
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, ""\ ITEM #35 ~ Sucplemental Agreement 119 to consultant services aareement (re Clearwater
Pass Bridge) with David Volkert & Associates, Inc., providing for preparation of Record
Drawings and providing redistribution of approved payment amounts in Phase /I of the
agreement with no increase to the agreement amount (EN)
ITEM #36 - See below.
ITEM #37 - Receict/Referral- LDCA to amend Sec. 41.221 to allow Outdoor Cafes in the
P/SP and Open Space/Recreation Zoning Districts on Clearwater Beach (LOCA96-20HCP)
ITEM #38 - Commission Policies tBD-13 & LD-'4) to restrict Advisory Board member
display of campaign materials at board meetings & establishing procedure for conversions
of Mobile Home Parks (elK)
ITEM #39 - Accoint Commissioner Seel as National League of Cities voting delegate and
Commissioner Johnson as alternate
Commissioner Hooper moved to approve the Consent Agenda as submitted less
Item #28 and #36 and that the appropriate officials be authorized to execute same. The
motion was duly seconded and carried unanimously.
:~:)
ITEM #28 - Acorove recommendations of Technical Review Committee for allocation of
$38,000 in additional City social service funds which were approved by the Commission
during budget hearings (HM)
Commissioner Clark requested continuing Item # 28 until additional questions are
answered.
Commissioner Seel moved to continue Item #28 until October 3, 1996. The motion
was duly seconded
Commissioner Hooper questioned if the delay would adversely affect anyone. The
City Manager did not think that would be the case.
Upon the vote being taken, the motion carried unanimously.
ITEM #36 - Contract for oarking attendant services at Pier 60 & S. Gulfview oarkino lots to
Central Parking System of Florida. Inc.. Tampa. FL, for the period 10/1/96 ~09/30/99, for
$802,158 (EN)
Attendant parking began at Pier 60 in April 1990 and at the two South Gulfview
lots in March 1993. On August 15, 1996, the City received bids for parking attendant
services for these 718 spaces. Central Parking System of Florida. Inc. submitted the low
bid of $802,158 ($22,282.17/month).
Republic Parking Systems has provided attendant parking services since its
inception. Since October 1, 1993, their rate has been $21,717.50/month. The
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" recommended contract reflects a 2.6% increase. Annualize revenue per parking space for
attendant parking is $1,425. Total annual revenue for the 3 beach lots is $1.023.000. It
is estimated having City employees provide this service would cost 25% more than Central
Parking system's bid.
In response to a question, the City Manager said the bid protest was denied at the
2nd level because the appeal lacked merit and its filing was not timely. She said attendant
parking annual net costs are $39 more than meter parking. In answer to a question. the
City Manager said Central Parking System guarantees their rates in their signed contract.
Mr. Baier said several bidders bid a single price for all three years. The City Manager said
all City contracts include a 90.day cancellation clause.
Commissioner Johnson moved to award a contract for parking attendant services at
the Pier 60 and S. Gulfview parking lots for the period 10/01/96 to 03/30/99 to Central
Parking System of Florida, Inc., Tampa, Florida, at a cost of $802,158 which is the lowest
most responsive bid submitted in August 1996, in accordance with the specifications, 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 #40 - Res. #96.60 - amending Res. #96-25 which established the SHIP (State
Housing Incentives Partnership) Local Housing Assistance Plan for State Fiscal Year
1996/97 (ED)
. _...../'
On April 18, 1996, the City Commission adopted Resolution #96~25 establishing
the 1996/97 SHIP (State Housing Initiatives Partnership) Local Housing Assistance Plan
which indicates 10% of the $572,384 SHIP allocation will be used for administrative
expenses. Section 420.9075(6), Florida Statutes, indicates the City may use 5% of its
annual SHIP allocation for administrative expenses. It also states if the City Commission
finds, by resolution, that 5% is insufficient to cover administrative costs, the City may
take up to 10% for administration. The State requires Resolution #96-25 be amended to
reference this statutory requirement.
The City Attorney presented Resolution #96-60 and read it by title only.
Commissioner Clark moved to pass and adopt Resolution #96-60 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
"Ayes": Johnson, Clark, Hooper, See I and Garvey
"Nays": None.
ITEM #41 - Lease Agreement with Jollev Trolley TranSDortation of Clearwater, Inc., for use
of portion of Memorial Civic Center, for the period 10/01/96 -09/30/01, at rental rate of
$1 per year (eM)
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" Jolley Trolley Transportation of Clearwater, Inc. (lessee) wishes to use part of the
Memorial Civic Center for offices, ticketing, embarking/debarking depot, merchandise sales
and display, public information space, and for no other purpose. This 5-year lease is
proposed to cost $1 per year. The City will furnish 3 parking spaces at $1 5 per space per
month. The lessee also will pay $1 63/month for electrical and $1 55/month for utilities.
The City can terminate this lease agreement: 1) for material default by Lessee in
performance of any terms, covenants, or conditions of lease agreement; 2) if City
determines premises are too damaged to repair practically; 3) if lessee vacates or
abandons premises; 4) if City Commission determines building or property is needed for
other municipal services; or 5) if the corresponding Jolley Trolley System Funding
Agreement between the City and Jolley Trolley is terminated.
Commissioner Clark moved to approve the lease agreement between the City and
Jolley Trolley Transportation of Clearwater, Inc., for the use of a portion of the Memorial
Civic Center, 40 Causeway Boulevard, for a period of 5 years beginning October 1, 1996,
and continuing through September 30, 2001, at a rental rate of $1 per year and that the
appropriate officials be authorized to execute same. The motion was duly seconded
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In answer to a question, AI Sakey, Jolley Trolley President, said this agreement
does not address tourism assistance. It was suggested the City should decrease their
contribution by the amounts charged for electric and utilities and call it even. John Doran
said the current funding method results in a little more bookkeeping. Mr. Sakey said the
Jolley Trolley is not trying to get out of the requirement for an independent audit. He said
the Jolley Trolley pays this expense with the City~s contribution and suggested saving that
money by having City staff perform the audit. Deputy City Manager Kathy Rice said
performing an independent audit would cost the City money. The City Manager said this
allows the true cost to be tracked. Mr. Sakey said the Jolley Trolley sends reports
quarterly to the City.
Upon the vote being taken, the motion carried unanimously.
ITEM #42 - Fundina AQreemBnt with Jollev Trollev TransDortation of Clearwater. Inc., to
fund in part the operational costs incurred in providing activities & services authorized by
agreement for period 10/01/96 -09/30/01, subject to annual budgetary appropriation
approved by the Commission (CM)
Subject to annual City Commission approval, the City agrees to fund part of the
Jolly Trolley Transportation of Clearwater, Inc.'s operation costs: 1) $199,500 annual
amount, payable in 12 equal payments, for trolley service between Clearwater beach and
Sand Key; 2) $95,000 annual amount, payable in 12 equal payments, for trolley service
between Clearwater beach, Island Estates, and downtown; and 3) $50,000 annual
amount, payable in 12 equal payments, toward trolley vehicle maintenance.
Funding is subject to City Commission approval of the annual budgetary
appropriation. The City must provide the Jolley Trolley with a notice of intent to decrease
funding at least 60 days before the beginning of the fiscal year. The Jolley Trolley shall
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ITEM #43 - {Confd from 08/15/96} Marina Business Plan (MR)
--\ submit their proposed annual budgets to the City Manager by May 31 , of each year for
approval. Unused funds remaining at the end of the agreement term shall be deemed
excess to the intended purpose and returned to the City. Either party can terminate the
agreement with 60 days notice of termination after first giving the defaulting party 60
days to cure any default. The City Manager's recommended 1996/97 operating budget
includes funding in the General Fund non-department and parking system programs.
Commissioner Seel questioned the fund balance listed under liabilities. John Doran
said the hybrid accounting reflects an effort to communicate with the government. He
said the balance listed under liabilities reflects the difference between the expenses and
revenues during the report cycle.
Commissioner Johnson moved to approve the funding agreement between the City
and Jolley Trolley Transportation of Clearwater, lne.. to fund in part the operational costs
incurred in providing the activities and services authorized by the agreement for a period of
five years beginning October 1, 1996. and continuing through September 30, 2001,
subject to annual budgetary appropriation approved by the City Commission and that the
appropriate officials be authorized to execute same. The motion was duly seconded and
carried unanimously.
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In her September 13, 1996. memorandum, the City Manager indicated staff has
reexamined the original proposal in the Marina Business Plan for slip increases at the
Marina. The original proposal was based on the market survey prepared for the City that
indicated many of the Marina's commercial rates were significantly Jess than rates charged
by other public and private facilities. The proposed increases would be: 1) 15% for boats
with capacity up to 69 passengers; 2) 30% for large !=ommercial boats with capacity of 70
or more; and 3) 50% for parasail operations. Dock space rental would only be charged the
two tenants with more than 200 square feet of office space.
The modified rate increase will result in a slightly negative bottom line for the
enterprise fund. A reduction in the transfer of planned Capital Improvement Projects could
cure the FY 1996/97 operating deficit. The MAS (Marine Advisory Board) recommended
the City Commission adopt the Marina Business Plan as originally proposed.
The City recently has invested significant resources to upgrade the Marina's
facilities and amenities: 1) "tropical seascape" facade and other site improvements; 2) free
sewage pump out stations; 3) continuing replacement or repair of docks; 4) install
equipment for ADA access to boats; 5) extend lines to larger boats to allow refueling at
their docks; and 6) after hours on-site security provided by the City's Police Department.
Commissioner Clark stated a member of his family is employed by one of the
vessels affected by the proposed increase.
Harbormaster Bill Held said staff has reexamined the rates and feels the increases
are reasonable. The rates have not increased for 3 years.
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Commissioner Clark moved to approve the Marina Business Plan. The motion was
duly seconded and carried unanimously.
ITEM #44 - Res. #96-59 w increasing basic vessel slip rental fees at Clearwater Municipal
Marina; First Reading Ord. #6085.96 - to amend Sec. 33.028 to authorize City Manager to
approve vessel slip rent increases up to 10% annually (MR)
Resolution #96-59 will increase the basic vessel slip rental fees at the Municipal
Marina on October 1, 1996: l' permanent private vessel slip rent will increase to $3.75
per foot per month for Clearwater resident and to $4.25 per foot per month for non-
Clearwater resident; 2) Commercial vessel slip rent will increase by 15% for all commercial
tenants carrying less than 70 passengers, by 30% for all vessels carrying more than 70
passengers, and by 50% for all parasail vessels; and 3) Transient vessel slip rent will
increase to $0.90 per foot per day, $4 per foot per week, and $11 per foot per month.
Ordinance #6085-96 amends Section 33.028 of the City code and allows the City
Manager to approve vessel slip rent increases up to 10% annually. These resolution and
ordinance changes are part of the Marina Business Plan.
The City Attorney presented Resolution #96-59 and read it by title only.
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Ed Armstrong, representative of several Marina tenants, agreed with tonight's
recommendation except for the proposed 30% increase for vessels carrying more than 70
passengers. He said the increase will hurt businesses and recommended implementing the
increase over two years, at 15% per year. Mr. Armstrong noted other marinas surveyed
had free parking.
Paul Kelley said the proposed slip rental rates will result in a 68.5% increase in his
rent since 1993. If dock charges are adopted, he said his costs will have increased 127%
since 1 993. He also expressed concern regarding parking restrictions and pointed out the
investment by Marina commercial tenants in the tourist industry. Mr. Kelley expressed
concern tenants had not been notified regarding the proposed rent increase and
recommended lower annual increases.
Bill Farr, parasail business owner, questioned the criteria used to classify specialty
boats as each vessel is unique. He felt increasing his slip rent by 50%, when his
passenger load is down, is gross discrimination.
Commissioner Clark questioned the affect of splitting the proposed increase for
large boats over two years. Mr. Held said that change would significantly impact the
Marina Business Plan and FY 1996/97 budget. A 5% increase is proposed for FY
1997/98. The City Manager noted the Commission is not approving future budgets. Mr.
Held said a deficit greater than $3,000 will result from the rates as proposed. Staff can
meet that shortage by doing some ramp work repairs in-house and reducing the Capital
Improvement Budget. Mr. Held said an agenda had been posted at the Marina regarding
the MAB review of the Marina Business Plan. Proposed rate increases had been posted for
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Commissioner Seel questioned why no increases had occurred in the past 3 years.
Mr. Held said he did not recommended increases when the Marina was able to meet its
bottom line every vear.
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at least one week. Commissioner Clark expressed concern regarding the proposed
increase for the parasail operations. He congratulated staff for going back to the table to
discuss the increases.
Richard Howard said business on his charter boat has decreased. He opposed the
proposed increase and expressed concern regarding boat owners who live outside the City.
Mr. Held said the 15% increase is across the board.
Kevin Kleinhenz said he was not notified regarding the proposed increase. He felt
the size of the increase was a result of poor planning. He said the increase would be
detrimental on his business.
Commissioner Hooper moved to pass and adopt Resolution #96.59 and authorize
the appropriate officials to execute same. The motion was duly seconded and upon roll
call, the vote was:
.. Ayes": Johnson, Hooper and Garvey
"Nays"~ Clark and Seel
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Motion carried.
The City Attorney presented Ordinance #6085-96 for first reading and read it by
title only. Commissioner Johnson moved to pass Ordinance #6085-96 on first reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Hooper and Garvey
"Nays": Clark and Seel
Motion carried.
The Commission recessed from 8:04 to 8~20 p.m.
ITEM #45 - Pier 60 Business Plan (MR)
The Marine Department administers the Pier 60 enterprise fund. The pier was
established as a public service to take advantage of City-owned property and to better
serve the fishing community by filling the void for an area fishing facility. The pier cost
$2,200,741 to rebuild in April 1994. Features include an air~conditioned bait house, 6
covered pavilions, a free section with telescopes, a professional staff, 24-hour a day
services, a snack bar, rest rooms, tide and weather information, and reasonable rates.
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Mr. Held said the MAB had reviewed the Pier 60 Busine~s Plan, recommending it be
changed from an Enterprise Fund to a General Fund. The FRC (Fiscal Review Committee~
was comfortable with the business plan after their review. Mr. Held said Pier 60
objectives include: 1) maintain it as a City-operated fishing pier with revenue that meets or
exceeds expenditures. Insure the City receives fair market value for its investment. He
suggested increasing the number of part-time work hours; 2) increase pier revenue by 5%
each year from $290,000 the first year to $352,495 in the plan's last year and insure that
expenditures are less than revenues. He said markup of pier merchandise would be
adjusted and high turnover merchandise would be maintained; 3) continued operation
under the Marine Department. Marina Service Section provides maintenance so pier
remains a show piece; 4} provide budgeted funds to insure it is maintained throughout the
plan as a General Fund operation; 5) insure it remains competitive with other area fishing
piers: 6) continue an extensive marketing and promotion campaign to citizens and tourists
and take full advantage of the facility; and 7) continue annual customer service and safety
training for all pier employees to insure high standards. The arch and exterior of the
baithouse will be painted before the Pier 60 Park grand opening in November 1996.
Planned services include installing a bar code scanning device at the cash register for
inventory control, and increasing the number of fishing tournaments, including a tlkid's"
tournament and a fishing tournament for children with disabilities on October 5. 1996.
The City is working with the tournament's sponsors.
Commissioner Clark moved to approve the 1996 Pier 60 Business Plan. The motion
was duly seconded and carried unanimously.
ITEM #46 - Lobbvist Contrac~ - establish a ranking and authorize negotiation with top
ranked firm (eLK)
On July 5, 1996, the City released a RFO (Request for Qualifications) for lobbyist
services, requesting responders provide information demonstrating their capability to be
effective lobbyists; their familiarity and working relationship with State agencies; their
capability to review pending regulations and laws; their ability to identify impacts on
Clearwater, their ability to identify opportunities for the City, and their capability to
communicate effectively with the City. Respondents also were requested to submit plans
defining the approach they propose to use to assist the City's lobbying efforts, an
overview of available personnel, and a basis for computing fees. Information regarding the
company history and experience, qualifications of key personnel, references, and a
proposed agreement also were requested. Five firms responded.
Responses were assessed by the evaluation team: 1) Deputy City Manager Kathy
Rice; 2) City Attorney Pam Akin; 3) Central Permitting Director Scott Shuford; 4) Customer
Service Manager Kathy Faye Chetoka; and 5) City Clerk Cyndie Goudeau. Evaluation was
based on: 1) adequacy of proposal; 2) proposed approach; 3) staff experience; 4) basis of
cost; 5) ability to perform; 6) compliance with the RFQ; 7) experience; and 8) references.
Four firms were requested to meet with the team. Based on written and verbal
presentations, the evaluation team ranked the firms: 1} Smith. Bryan and Myers; 2)
Pennington, Culpepper, Moore, Wilkinson, Dunbar and Dunlap; and 3) Holland and Knight.
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"\ The evaluation team was impressed with Smith, Bryan and Myers' proposed plan
for assisting Clearwater. This firm is less likely to have conflicts of interest. If such an
occurrence should arise, Smith, Bryan and Myers has specific plans to deal with the
situation.
Commissioner Johnson noted his preference for Pennington, Culpepper, Moorel
Wilkinson, Dunbar and Dunlap. Commissioner Seel also felt Pennington, Culpepper, Moore,
Wilkinson, Dunbar and Dunlap would best serve the City. She said Mr. Dunbar lives in
Tallahassee and noted the firm is bi~partisan. She liked their team approach.
Commissioner Seel moved to establish a ranking of 1) Pennington, Culpepper,
Moore, Wilkinson, Dunbar and Dunlap; and 2) Smith, Bryan and Myers; and 3} Holland and
Knight and to authorize negotiation of a contract with the top ranked firm. The motion
was duly seconded.
Commissioner Hooper noted the fee proposed by Pennington, Culpepper, Moore,
Wilkinson, Dunbar and Dunlap included a great deal of bridge consideration. He said the
firm does effective lobbYIng and is in the $25,000 range.
Upon the vote being taken, the motion carried unanimously.
ITEM #47 - Approve rankinQ of orosDective Fixed Base Ooerators to furnish aviation
services at Clearwater Airpark (EN)
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On April 22, 1996, the City solicited RFPs (Requests for Proposals) for a 5~year
lease agreement for a FBO (Fixed Base Operator) to provide aviation services at the
Airpark. The City received 4 bid proposals. The staff selection committee included: 1)
Engineering Director Rich Baier; 2) Finance Director Margaret Simmons; 3) Internal Audit
Director Dan Katsiyannis; 4) Solid Waste Director Bob Brumback; and 5) Engineering Staff
Liaison for the Airport Authority, Glen Bahnick. On July 18, 1996, the selection
committee determined all candidates met the RFP's minimum qualifications. On August 6,
1996, the candidates made presentations to the selection committee. Each candidate was
evaluated: 1) experience; 2) fullness of resources; 3) economic return to the City; and 4)
safety.
On August 12, 1996, the selection committee finalized rankings: 1) Clearwater
Aircraft, Inc.; 2) Clearwater Flying Corporation; 3) D/B/A Armament Systems Company;
and 4) Homscare Industries. Staff recommends the Commission approve the selection
committee's ranking and authorize negotiations for contractual services in ranking order.
The City Manager reported Homecare Industries had withdrawn their bid.
Commissioner Johnson did not agree with the proposed ranking. He suggested the
Item be continued for further study. The City Manager said the City can continue the
contract with the current FBO on a month to month basis.
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Chuck Wilber, Don Hendricks, Wayne Garner, and Bob Gibson reported Mr. Emshoff
(Clearwater Aircraft, Inc.) has done a good job running the Airpark and recommended he
be retained as the FBG.
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Commissioner Johnson moved to continue Item #47 to October 3, 1996. The
motion was duly seconded and carried unanimously.
Charles Silcox, Airport Authority Chair, said staff and the Airport Authority had
spent many months choosing a FBO. He said concerns expressed regarding Rick
Emshoff's business in Tampa had been addressed. He regretted the City Commission's
decision to continue this item.
Commissioner Hooper indicated his reasons for continuing the item were that pages
seem to be missing from materials sent to the City Commission and he had not had a
chance to review other information.
ITEM #48 ~ Contract for demolition of commercial structures at 10 S. Missouri Ave.. &
1165 Cleveland St. to E.L. Trevena, Inc., Pinellas Park, FL, for $154,637 and approve
environmental projects costs of $42,648.60 to: Advantage Environmental Services, Inc.
($4,330) on current annual contract with General Services; Lang Engineering of Florida,
Inc. ($25,576.80) on current annual contract with University of South Florida;
Occupational Health Conservation, Inc. ($3,992) on current annual contract with Pine lias
County; $5,750 reserved in case contaminated soH is encountered; $3,000 reserved for
disposal of hazardous waste products presently remaining on site; an additional $475.65
I,':::' > included for advertisement of the project, for a total of $197,761.45 (EN)
Staff recommends demolishing and removing two commercial structures: 1} 10 S.
Missouri Avenue, AKA City Hall Annex. This approximately 70,000 square foot, 2-story
structure contains concrete block walls on a concrete foundation with structural steel
members and corrugated metal deck roofing system. Total demolition costs are
$134,555.37 and 2) 1165 Cleveland Street, AKA Enterprise Car Rental/Stone Buick Body
Shop. This approximately 18,000 square foot, single story structure contains concrete
block walls on a concrete foundation. All sheds and out buildings also will be razed. Total
demolition costs are $14,781.63. Additional demolition costs include $1,800 for project
signs and $3,500 for clean fill material.
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Demolition will remove the building structures and pavement areas. Remaining
appurtenances include the Pierce Street pavement, the parking lot South of Pierce Street,
existing landscaping and sidewalks along Missouri Avenue and Cleveland Street, and
mature trees in existing traffic islands. The site will be finished, graded, and seeded. The
fueling station adjacent to Pierce Street will be removed in a future contract by a
contractor specializing in fuel tank removal.
Project costs include several environmental items: 11 Fluorescent Lamps -
Advantage Environmental Services, Inc. will dispose of all mercury containing fluorescent
lamps and starter ballasts for $4,330; 2) Asbestos Abatement ~ FGS, Inc's April 5, 1994,
ACM (Asbestos Containing Materials) Survey indicated both structures contain friable
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Commissioner Hooper moved to award a contract for the demolition of commercial
structures at 10 S. Missouri Ave., & 1165 Cleveland St. to E.L. Trevena, Inc., Pinellas
Park, FL, for $154,637 and approve environmental projects costs of $42,648.60 to:
Advantage Environmental Services, Inc. ($4,330) on CLlrrent annual contract with General
Services; Lang Engineering of Florida, Inc. ($25,576.80) on current annual contract with
University of South Florida; Occupational Health Conservation, Inc. ($3,992) on current
annual contract with Pinellas County; $5,750 reserved in case contaminated soil is
encountered; $3,000 reserved for disposal of hazardous waste products presently
remaining on site; an additional $475.65 for advertisement of the project, for a total of
$197,761.45, which are the lowest most responsive bids 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.
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"\ ACMs which must be removed prior to demolition. The cost for Lang Engineering of
Florida, Inc. to remove the ACMs is $25,576.80 plus $3,992 for required air monitoring by
Occupational Health Conservation, Inc.; 3) Soil Contamination - if contaminated soil is
encountered during demolition, it is estimated soil screening, preburn analysis, and soil
disposal will cost $5,750; 4) Hazardous Waste - disposal of on site hazardous waste
products is estimated to cost $3,000; and 5) Project Advertisement is estimated to cost
$475.65. The complete project is projected to cost $197,761.45. Demolition will begin
about October 1, 1996.
The City Manager said concerns regarding the landscaping could be mitigated.
Commissioner Clark wanted assurance the site will be covered with grass and not
resemble a dirt farm. Mr. Baird said City watering trucks will water the mulch. The Cityts
nursery will use the site as a staging area for larger palms and trees.
ITEM #49 - Payment of $19.065 to Post. Bucklev. Schuh & Jernigan. Inc., for evaluation
of a scaled down version of the Town Lake Project that would be known as the "Cell 2"
concept (EN)
At the September 1 0, 1996, Special Meeting, the City Commission considered
opportunities to revitalize downtown, including consideration of the Town Lake project.
The Commission directed staff to evaluate a scaled down version of the Town Lake
project, "Cell 2," located between Greenwood and Myrtle Avenues, North of Court Street
and South of Pierce Street.
This project element will develop necessary data regarding stormwater attenuation,
treatment, banking, aesthetics, etc., to evaluate the ability of the l.CeJl 2" concept to
provide a first step to long-term economic and environmental benefits. The project will: 1)
develop a conceptual design for Cell 2"; 2) define required property acquisition; 3) identify
expansion issues; 4) assess treatment.capacity; 5) allocate credits; 6) establish relative
cost estimates; 7) prepare exhibits; and 8) produce a report. The project element will be
completed 5 weeks after the notice date to proceed. Total cost to complete this
evaluation shall not exceed $19,065.
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, '\ Ed Mazur, of Florida Design Consultants, Inc., said he represented several
downtown property owners who are concerned regarding downtown flooding. He
proposed a "Town Pond" project. He said the project's goal is to be the catalyst for
downtown redevelopment at the lowest cost possible to the taxpayer. He suggested using
a method that would design, permit, and construct the required water quality and quantity
improvements that address critical downtown redevelopment needs. He said critical needs
include: 1} correct downtown flooding problem; 2) provide water quality treatment; and 3)
comply with the redevelopment ordinance.
Mr. Mazur said the town lake concept is good but suggested scaling the project
down to 6 Y2 acres from 20 acres. He felt that size would be sufficient to take care of the
first inch of runoff which exceeds current ordinance requirements. He said a consultant
could determine if the pond would have sufficient additional capacity to address existing
flooding. He estimated the City could recoup $1 .5-million to $1 .8-million if half of the 150
acre basin is redeveloped @ $8 a square foot. He said property values would increase.
Steve Fowler. Greater Clearwater Chamber of Commerce Chair, said the proposed
"town pond" would include the current Pierce Street pond, the old Winn Dixie property, the
gift shop, a small office building, the old utility building property, and the existing pond at
Court and Chestnut. He said most of the proposed property currently is used in the public
interest. Richards Tower and the Senior Citizen social building would remain. The City
Manager said allowing residents to remain in Richards Tower is a positive component of
the plan. Mr. Mazur said the City needs to be the catalyst for redevelopment and
correcting downtown flooding problems. He said downtown business owners are
I. :J concerned nothing will happen.
Mr. Baier said the town pond proposal may represent a good fall back position but
he recommended the City Commission consider Cell 2. He suggested a consultant review
and compare both plans and consider if the town pond proposal accomplishes the original
objectives. In response to a question, Mr. Mazur said the "town pond" would address the
stormwater needs of 150 acres. Mr. Baier said the subject land runs trom Cleveland
Street almost to Missouri Avenue. He said a consultant would need to verify if the pond
would drain 150 acres. Mr. Mazur felt the proposed plan would meet all water quality
needs. Mr. Baier said the pond may meet minimum requirements but would compress or
eliminate the amount of time water remains in treatment. In answer to a question, Mr.
Mazur said the "town pond" would provide the same amount of retention South of Court
Street as proposed in the town lake project. The ponds could be connected with pipes.
He said a preliminary cost estimate of the design had not been done. Mr. Baier reported
$90,000 remains in the downtown lake project fund.
Commissioner Johnson said Clearwater citizens are not interested in financing a
downtown lake. He noted the need for the City to address flooding, stormwater runoff,
and water quality. He objected to continuing to pay PBS&J (Post, Buckley, Schuh &
Jernigan, Inc.) for reports. In response to a question, Mr. Mazur said the pond would
eliminate the need for redevelopers to set aside 10% of their property for water treatment.
Mr. Baier said staff is researching information requested in Commissioner Clark's
memorandum regarding how other large Florida coastal cities address the problem.
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Commissioner Hooper moved to continue Item 1t51. The motion was duly
seconded.
Consensus was for staff to obtain an estimate regarding how much it would cost
for PBS&J to compare the town pond project with Cell 2. A funding sources also was
requested.
Upon the vote being taken, the motion carried unanimously.
ITEM #50 . Other Pending Matters - None.
CITY ATTORNEY REPORTS
ITEM #51 . Resolutions
a) Res. #96-62 - Assessing property owners the costs or having mowed or cleared
owners' lots
The City Attorney presented Resolution 1196-62 and read it by title only.
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Commissioner Hooper questioned if the City Housing Assistance Corporation is
affiliated with the City. The City Attorney said she would have to confirm if that is the
case. Commissioner Clark questioned how the City collects funds from the RTC
(Resolution Trust Corporation). The City Attorney suggested the City may not be
successful.
Commissioner Johnson moved to pass and adopt Resolution 1196.62 and authorize
the appropriate officials to execute same. The motion was duly seconded and upon roll
call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel and Garvey
"Nays": None.
ITEM #52 . Other Citv Attornev Items - None.
ITEM #53 - City Manaaer Verbal ReDorts
a) Pinellas County Legislative Delegation Brealdast
The City Manager reported the City is sponsoring the delegation breakfast on
November 12, 1996, before the Delegation IS Public Hearing scheduled at the Harborview
Center.
b) Countryside Recreation Center - Sunday Hours
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The City Manager said interest has been expressed regarding opening City
recreation centers on Sunday. She said the Parks & Recreation Department has estimated
a 6.month trial opening of Countryside, Morningside, Martin Luther King, Ross Norton, and
Clearwater beach recreation centers on Sundays would cost $17,000. In response to a
question, the City Manager said staff would review City policy regarding leasing recreation
facilities on Sunday.
Commissioner Clark moved to agenda this item for the October 3, 1996, meeting.
The motion was duly seconded and carried unanimously.
c) Schedule Community Meeting re Edgewater Drive Project
The Community Meeting regarding the Edgewater Drive Proiect was scheduled for
November 4, 1996, at 7:00 p.m. at the Lawnbowling Club on Calumet.
GTE Franchise Fee
The City Manager reported the City received franchise checks from GTE: 1)
$50,000 for legal and consulting fees; 2) $50,000 for PEG (Public Education Government)
access support; and 3) $67,000 for a Government Access Equipment Grant. She
recommended setting aside the $50,000 for legal and consulting fees and the $67,000 for
government access equipment to upgrade City Hall technology.
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Consensus was to set aside $11 7,000 of the GTE franchise fee to upgrade City
Hall technology.
Enterprise Florida Dinner
Commissioners Hooper and Seel confirmed they will attend the Enterprise Florida
Dinner at USF (University of South Florida). Commissioner Clark will call regarding his
attendance.
Clearwater Bombers Request
The City Manager referred to the Clearwater Bomber's request that the City
Commission reconsider a $10,000 match.
Consensus was to not agenda this item.
Insurance Services Office
The City Manager said the City's building department received a high rating of 3
from the Insurance Services Office. She said a noted shortcoming was the need for more
staff. It was indicated citizens' insurance rates should go down basad on this rating.
ITEM #54 - Other Commission Action
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Commissioner See I questioned why the Countryside Recreation Center could not be
leased until January 1997. The City Manager said the Parks & Recreation Department
feels they need that time to assure the facility is functioning properly. The City Manager
will see if leasing can begin earlier.
~QIDlJlissioner Seel questioned why Court Street is being torn up again. Mr. Baier
reported this work on the Stevenson's Creek Project could not be coordinated with FDOT's
(Florida Department of Transportation) project.
Commissioner Johnson questioned what is a scenic corridor. Mr. Shuford reported
it is a classification in the Countywide rules intended to restrict the intensity of
development.
Commissioner HooDer congratulated the Colt 45s Softball Team for winning the
Championship. He reported the tournament attracted many out of town visitors.
Commissioner HooDer thanked the Wood Valley Advisory Board for their
complimentary letter regarding Parks & Recreation staff and improvements to the Wood
Valley Recreation Center.
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Commissioner Clark announced an anonymous individual has offered to donate a
flag pole for Clearwater Pass Bridge. He requested future capital projects similar to the
Clearwater Pass Bridge include a flag pole.
Consensus was to accept the flag pole donation.
Mavor Garvev questioned if staff could follow up on Florida League of Cities Federal
Action Strike Team requests. Commissioner Seel expressed an interest in participating.
Staff will contact the League.
Mavor Garvev questioned the necessity for the Commission to receive monthly
litigation reports.
Consensus was to have litigation reports distributed quarterly.
Mavor Garvev questioned the status of the Time Warner franchise. Ms. Rice and
the City Attorney reported the City is close to agreement with Time Warner.
Mavor Garvev stated the show "Know Your Local Government" on Channel 9 now
will be broadcast as "City Talk" on C-View TV, Channel 15.
ITEM #55 - Adjournment
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The meeting adjourned at 9:43 p.m.
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