10/17/1996 (2)
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. COMMISSION
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City Commission Minutes
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CITY COMMISSION MEETING
CITY OF CLEARWATER
October 17, 1996
Present:
Rita Garvey
J. B. Johnson
Robert Clark
Ed Hooper
Karen Seel
Elizabeth M. Deptula
Kathy S. Rice
Bob Keller
Pamela K. Akin
Scott Shuford
Rich Baier
Cynthia E. Goudeau
Patricia O. Sullivan
Mayor/Commissi oner
Vice-Mayor {Commissioner
Commissioner
Commissioner
Commissioner
City Manager
Deputy City Manager
Assistant City Manager
City Attorney
Central Permitting Director
Engineering Director
City Clerk
Board Reporter
The Mayor called the meeting to order at 6:00 p.m. at City Hall, Invocations were
offered by Commissioner Johnson and Father Ignatios Achlioptas of Greek Orthodox
Church of the Holy Trinity, The Mayor led the Pledge of Allegiance,
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To provide continuity for research, items are in agenda order although not necessarily
discussed In that order.
ITEM #3 - Service Awards
Two service awards were presented to City employees.
James Albright. Police Department. was presented the October 1996 Employee of
the Month award,
Melvin Acton, Fire Department, was presented the 1996 Employee of the Year
award.
ITEM #4 - Introductions and Awards
Proclamations:
Manufactured/Mobile Home Owners Month - November 1996
Nurse Practitioner Week. November 3 . 9, 1996
Shriners Hospital Benefit Days - November 1 & 2, 1996
Florida City Government Week - October 20 - 26, 1996
ITEM #5 - Presentations
Senior Recreation Supervisor Terry Schmidt congratulated and introduced members
of the Colt 45s, Men's Over 45 Fastpitch National Champions, and Tampa Bay Smokers,
1996 International Softball Congress World Champions.
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a) Planning and Zoning Board ~ Annual Report
Jay Keyes, past Chair of the Planning & Zoning Board, presented the Annual Report,
The board serves as the local planning agency and reviews zonings, conditional use
requests, etc. He reviewed the board's work during the past year and next year.s
objectives. The board is interested in redevelopment plans for Clearwater beach. Mr.
Keyes thanked the Planning & Zoning Board for their service and the Commission for
appointing him, He complimented Central Permitting staff, stating they are knowledgeable
and helpful.
b} Hillsborough Property ~ Bob Smith
The City and E. Palomino Dairy, Inc. have a May 1982 agreement regarding
custodianship of the City's Hillsborough County property, A 1987 Letter of Agreement
also addresses this property, In his October 8, 1996, memorandum, Real Estate Services
Manager Earl Barrett said a recent Teal estate appraisal of the property valued the land at
$2,600 per acre. Hillsborough County Property Appraiser Ron Alderman currently
assesses the property at an average value of $4,945 per acre. Four parties have inquired
about the City's interest in selling or leasing the property since the September 4, 1994,
publication of a St. Petersburg Times' article headlined, "Clearwater May Offer Sludge Site
for Lease."
The City Manager said Clearwater no longer uses the City-owned 400 acre
Hillsborough County property as a sludge farm and its future use is under consideration.
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Bob Smith said he began farming the property in 1977, He grazed milk cows there
after the City purchased it in 1982 for sludge disposal. Since the City sold a portion of its
property, he has cared for the remaining 400 acres, running a few cows and operating a
hay farm. He questioned future plans for the property, requesting advance notice jf he
cannot continue to use the property. He offered Commission members a guided tour. In
response to a question, he said when he first. entered into the agreement with the City, he
was to pay the City a percentage of earnings. He said earnings are limited and indicated
he would pay whatever is workable for the City, He said the City had not contacted him
since 1987. He is phasing out his dairy business and plans to construct houses on his
nearby property.
The City Manager stated the City had tried to sell the entire property to Hillsborough
County. She recommended issuing a RFP (Request for Proposal) regarding its future use,
She said the City Commission recently had directed staff not to sell the property due to its
low appraisal value but to market a lease. Mr. Smith said he earns between $2,000 and
$4,000 annually farming the land. He said the property currently is only good for farming.
The City Manager said interest was expressed for non-agricultural uses such as model
airplane and shooting clubs. Mr. Smith said his maintenance of the property could coincide
with other uses, In response to a question, the City Manager said zoning allows one
residence per 5 acres, No infrastructure currently serves that area,
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Commissioner Hooper suggested contacting the National Golf Foundation regarding
marketing the property as a golf course development. The City Manager said staff will
explore alternatives and return to the City Commission with information.
Direction was given to staff to sell the property at the highest possible value or
come back to the City Commission with alternatives. The City will contact Mr. Smith
regarding its decision.
ITEM #6 - Aooroval of Minutes
Commissioner Hooper moved to approve the minutes of the regular meeting of
October 3, 1996, and the special meetings of September 30, 1996, and October 4, 1996,
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
Jav Keves said the non.profit organization, Tampa Bay Harvest, feeds the hungry
without cash donations, Volunteers at the Jazz Holiday are collecting non-perishable
items. He requested concert patrons donate canned/dry foods. The organization also
works with hotels, restaurants, and grocery stores.
Sheila Cole said a great deal of tax money will be wasted if the Memorial Causeway
Bridge is repaired instead of being replaced. She supported a well located and well-
t,:;~ designed replacement and requested staff research every possible funding source.
Gene Worobec invited the Mayor to the Polish Center's celebration of Polish
International Day on November 9, 1996.
Pam Wyatt suggested the Library adopt the movie rating guidelines for its video
policy. She said New York City, Phoenix, and other cities allow parents to restrict their
childrenls access to materials. One library card application states parents are responsible
for monitoring their children. She recommended implementing a policy that allows parents
to choose.
PUBLIC HEARINGS
ITEM #8 - Public Hearinc & First Reading Ords, #6096-96 & #6097.96 - Annexation &
PISP Zoning for property located adjacent to Countryside Community Recreation Center,
Sec. 29-28-16, part of M&B 22,02 (Florida Power Corp., A96-26)
The City has requested annexation and proposed zoning of Public/Semi-Public (P/SP)
for a portion of land adjacent to the City Countryside Recreation Center owned by Florida
Power to allow the City to utilize this portion of the parcel corridor as a parking lot for the
new Countryside Recreation Park, On October 1, 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 Public/Semi-Public (P/SP) for a portion of M&B 22-02, lying in Section
29-28-16 and that the appropriate officials be authorized to execute same. The motion
was duly seconded and carried unanimously.
The City Attorney presented Ordinance #6096-96 for first reading and read it by
title only. Commissioner Clark moved to pass Ordinance #6096-96 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 #6097-96 for first reading and read it by
title only. Commissioner Hooper moved to pass Ordinance #6097-96 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 - Res. #96-69 - adopting the Evaluation and Appraisal Report
(EAR) of the Clearwater Comprehensive Plan
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Central Permitting staff has completed the State mandated EAR (Evaluation &
Appraisal Report) of the City's Comprehensive Plan which was adopted November 16,
1989, Florida law requires all local governments to evaluate their respective
Comprehensive Plans periodically and submit their findings to the DCA (Department of
Community Affairs) for a Sufficiency Review, Essentially, the EAR process measures the
effectiveness of the Plan by measuring the strengths and weaknesses of the City's
Comprehensive Plan, The City's EAR was prepared with extensive citizen participation,
primarily from Commission appointed Citizen Task Force groups established June 15,
1995. The DCA requires the final EAR to be adopted within 90 days of July 22, 1996,
the date of receipt by the DCA, Staff has responded to DCA comments and concerns. On
July 16, 1996, the Local Planning Agency endorsed the City Commission's adoption of the
EAR document,
" Commissioner Hooper moved to approved the Evaluation and Appraisal Report and
that the appropriate officials be authorized to execute same, The motion was duly
seconded and carried unanimously,
The City Attorney presented Resolution #96-69 and read it by title only.
Commissioner Johnson moved to pass and adopt Resolution #96-69 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
11 Ayes": Johnson, Clark, Hooper, Seel and Garvey
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"Nays": None.
ITEM #1 0 - Variance(s) to Sign ReQulations for property (Smart & Final) located at 1661
Gulf to Bay Blvd., Gulf to Bay Shopping Center, Lots 3 & 4 (Arthur & Mary Bruno, SV96-
20)
This property, on the South side of Gulf-to-Bay Boulevard between S, Keystone
Avenue and S. Duncan Avenue, is zoned Commercial Center. The applicant is requesting
the following variances: 1) a variance of one wall sign to allow 4 wall signs; 2) an area
variance of 22 square feet from the permitted 205.5 square feet to allow a total of 227,5
square feet of attached sign area; and 3) a ratio variance of 0.4 square feet of sign area
per foot of building width to allow a ratio of 1.9 square feet of sign area per foot of
building width. The applicant proposes four wall signs on the building's front: 1) Smart &
Final - 122 square feet; 2) Food - Supplies - Business - Home ~ 57.5 square feet; 3)
Restaurant Supplies, Catering Supplies, Party Supplies - 24 square feet; and 4) No
Membership - 24 square feet.
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The Mayor questioned why another sign was needed when the 57.5 square foot
sign already states the company's business, Central Permitting Director Scott Shuford said
the two, 24-square foot signs are planned for the pedestrian level, Tom Ferguson,
representative, verified photographs of the signs on the property presented him by Mr,
Shuford. Mr, Ferguson said the Smart & Final chain is new to the area and the other
signage would help to identify an unknown business. It was noted the photographs
presented do not reflect the smaller graphics on the sign, M, Shuford said the photographs
were taken prior to the signs' installation, The store's name is listed on the shopping
center's free-standing sign. Mr. Ferguson said the sign listing restaurant, catering, and
party supplies clarifies that the store does not sell office supplies, "Business" is listed on
the large sign because the store caters to small restaurants in addition to retailing to
homeowners.
Commissioner Clark fdt tho t'vVo Gye~level signs could be combined into on8. In
answer to a question. Mr. Shuford said the store was credited with a signage bonus
because of its distance from SR 60, The Mayor noted pictures of Smart & Final Stores in
other communities show less signage than requested by this variance, Commissioner Seel
suggested finding a creative way to accommodate a business that is new to the
community.
Commissioner Hooper moved to approve the following variances: 1} a variance of
one wall sign to allow 4 wall signs; 2) an area variance of 22 square feet from the
permitted 205.5 square feet to allow a total of 227.5 square feet of attached sign area;
and 3) a ratio variance of 0.4 square feet of sign area per foot of building width to allow a
ratio of 1.9 square feet of sign area per foot of building width, on property identified as
Lots 3 and 4, Gulf-to-Bay Shopping Ce~ter, for meeting Sec. 45.24 Standards for
Approval, items (1) - (4) and that the appropriate officials be authorized to execute same,
The motion was duly seconded, Commissioners Hooper and Seel voted "Aye";
Commissioners Johnson and Clark and Mayor Garvey voted "Nay." Motion failed.
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The City Manager said staff will work with Smart & Final and come back to the City
Commission if a variance is required without any additional fee.
ITEM #11 - Public Hearing & First Reading Ord, #6094-96 - CG Zoning For property located
at Hercules Ave. at Sunset Point Rd" Sunset Oaks, Lot 2 & 5 160' of Lot 1; Pinellas
Groves SW, part of Lot 1: Sec, 1-29-15, M&8 13.02 (City Initiated / Markos & Maria
Poniros I Amoco Oil Co. I McDonald's Corp., Z96-11)
This City re20ning would provide flexibility to property owners and developers by
minimizing some zoning restrictions experienced by developers in these areas while
protecting surrounding properties, The subject lots are located at the intersection of
Sunset Point Road and N. Hercules Avenue. These properties involve multiple oWners and
are zoned Neighborhood Commercial (eN). It is proposed to rezone these properties
General Commercial (CG) which is less restrictive than eN zoning, Current zoning does not
permit the expansion of existing uses or likely future uses of the property. The proposed
CG zoning district would provide the range of uses necessary for this nonresidential area to
thrive. A CG district would have the highest number of permitted and conditional uses,
highest density and floor area ratio, and minimum lot and front yard open space
requirements. The current land use plan classification for these properties is Commercial
General eCG) and will not be changed.
The area is characterized by limited commercial uses. Current uses include the
Amoco Gas Station on the South side of Sunset Point Road and Stingway's, Aum Discount
~;~,:'~ Beverage, Pet Net, and Chubby Deli in a small strip center on the East side of N. Hercules
Avenue. A new McDonald's restaurant is on the West side of N. Hercules Avenue and
North side of Sunset Point Road. The Mobil Oil Gasoline Station next to McDonald's is in
the County and is not included in this rezoning, Discussion and negotiations are underway
to bring this property into the City, A similar CG zoning will be assigned to this property
once it is annexed into the City.
The proposed General Commercial zoning designation would be appropriate and
consistent with the surrounding land use pattern including the existing depth of the Time
Plaza Center which is zoned CG, The Time Plaza Center, on the South side of Sunset
Point Road, is immediately opposite the Harborside Healthcare Nursing Home Center, The
proposed amendment would be consistent with the need and relationship to adjoining uses
and will provide for the full spectrum of commercial uses in the area, On October 1,
1996, the Planning & Zoning Board unanimously endorsed the request,
Mr. Shuford said staff is planning for future needs and noted the importance of
maintaining a buffer.
, John McGuire, representing his mother, said McDonald's was built next door to her
house without her knowledge, He expressed concern regarding further expansion toward
her property. Mr, McGuire distributed photographs taken from har back yard showing that
McDonald's driveway crosses the lot between the properties and provides restaurant
egress/ingress to Hercules Avenue adjacent to her fence, It was noted numerous public
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meetings had addressed the McDonaldts project, In response to a question, Mr, Shuford
said McDonald's had met the City's buffering requirement, Engineering Director Rich Baier
said the driveway was designed to serve the parcel north of McDonald's which is zoned
for office development. The City had worked with McDonald's engineer to provide the
best access. Mr, McGuire said a retention pond is located 5 feet from his mother's
property.
Mr. Shuford said the proposed change would result in a consistent zoning pattern
and provide the ground work for annexing the gas station, In response to a question, Mr.
Shuford said the maximum permitted building height is 50 feet and no properties in the
subject area have sufficient open space to qualify for an SO-foot building. A motel of this
height would be unable to meet parking requirements. Mr. Shuford said all property
owners within a 500-foot radius of McDonald's were notified of public hearings regarding
its development.
Commissioner Hooper moved to approve the Petition for Zoning Atlas Amendment
from Neighborhood Commercial (eN) to General Commercial (CG) for Lot 2 and the South
160 feet of Lot 1 , Sunset Oaks; together with a portion of Lot 1 Pinellas Groves SW;
together with M&B 13-02 lying in Section 1-29S-15E and that the appropriate officials be
authorized to execute same, The motion was duly seconded.
Commissioner Seel expressed concern regarding intense uses and buffering, Mr,
Shuford said vehicle service. which would be required to undergo the conditional use
process, would be the most intense use for the property and would require buffering,
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Upon the vote being taken, the motion carried unanimously.
The City Attorney presented Ordinance #6094-96 for first reading and read it by
title only. Commissioner Clark moved to pass Ordinance #6094-96 on first reading, The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel and Garvey,
"Nays": None.
ITEM #12 - (Cont. from 9/19/96) 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 Terrace Revised, Blk 6, Lots 3-8, part of Lots 1 & 2,
Lots 9-13 and N * vacated street (Jami AI Salam Inc., LUP96-05, 296-' 0) ,
The City Manager requested continuing the item,
Commissioner JClhnson moved to continue Item #12 to a date uncertain. The
motion was duly seconded and carried unanimously.
Public Hearina - Second Readinq Ordinances
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ITEM #13 - Ord. #6099-96 - amending Sec. 2,561 (7) authorizing City Manager to approve
change orders up to $25,000
The City Attorney presented Ordinance //6099-96 for second reading and read it by
title only. Commissioner Johnson moved to pass and adopt Ordinance #6099-96 on
second and final reading, The motion was duly seconded and upon roll call, the vote was:
HAyes": Johnson, Clark, Hooper and Garvey.
"Nays": See I.
Motion carried.
CITY MANAGER REPORTS
CONSENT AGENDA (Items 1/14-271 - Approved as submitted less #23 and #27
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ITEM "14 - Authorize a loan from Consolidated Cash Pool to Sand Kev Power line Proiect
in an amount not to exceed $318,000 to be paid back over 10 years with 6% interest;
approve $11,050 payment to Raymond James, City's financial advisor, and $10,000 (plus
out-at-pocket expenses of $2,089.661 to Bryant. Miller & Olive, City's Bond Council,
which are amounts equal to contracted amounts as if the projected bonds of $1 .4 million
had been issued; authorize transfer of $25,000 to General Fund from project to
compensate the City for upgraded light poles; authorize transfer of $30,000 to General
Fund from project to reimburse General Fund for administrative time spent by City
Manager, Legal & Finance staff to implement project (FN)
ITEM # 1 5 - Amendment to existing contract with legal firm of Akerman, Senterfitt &
Eidson, P.A" Orlando, FL, increasing legal counsel fees for Manufactured Gas Plant Site by
$32,000 for a new total of $102,000 (GAS)
ITEM # 1 6 - Contract for advertisinCl agency services to City departments on a project basis
to Peak Barr Petralia Biety, Inc., within each user department's approved budget, for the
period 10/01/96 -09/30/99 (1M)
ITEM #17 - Coooerative Geographic Information System (GIS) services with Pinellas
Countv - Agreement for 3 years, plus 2 optional 1 year extensions; approve purchase of
hardware & computer licenses at an estimated $315,806.84; authorize creation of 4
additional GIS positions at an estimated $150,OOO/year for staff & benefits for year one
and an estimated maximum cost of $318,240 for years 2 & 3; accept grant from
Substance Abuse Advisory Board for $173,105,13 with City match of $46,311.71
(contraband forfeiture funds); recognize County match of $11,390 and accept grant from
US Dept. of Justice, Weed and Seed Program for $35,000 (1M)
ITEM #18 - Aoorove ranking of: 11 HDR Engineering, Inc., 21 Delta Seven / Peacock &
Associates / Armstrong & Associates, and 3) IBIS / PBS&J re preparation of Management
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Plan for Camp Soule (Boy Scout Camp); authorize staff to proceed to negotiate a contract
in order of renking (PR)
ITEM #19 - First Amendment to license Aareement dated 04/08/96 with PCS PRIMECO.
L.P., providing for termination of all effects of said license in regard to premises at 1400
Young Street &. 1700 Kings Highway, and ratifying certain other provisions described in
said amendment. and approve Memorandum of License Agreement to be recorded in Public
Records of Pinel1as County (EN)
ITEM #20 - Assignment and Assumotion of Lease with Peerless Supply. Ine, to Noland
Properties. tne. dated 09/26/96, re city-owned property, A.H. Duncan's ReSub, part of Lot
7, Sec. 22-29-1 5 (Consent)
ITEM #21 - Coooerative Easement Agreement with Pinellas County School Board for
construction of Allen's Creek demonstration stormwater treatment project at Clearwater
High School (EN)
ITEM #22 - Contract for new airnlane hangars at Clearwater Airpark to Hennessy
Construction Services, Corp" St, Petersburg, FL, for $485,124.48 (EN)
ITEM #23 - See below.
ITEM #24 - Receiot/Referral - lDCA reQulatinQ public education facilities tcP)
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ITEM #25 - Acceoting Browntields Economic Redevelooment Initiative Coooeratlve
AQreement (eM)
ITEM #26 - Modification of DeLiaration of Unity of Title and Easement modification
(Clearwater Christian College Private School) (CAI
ITEM #27 - See oaoe 10.
In reference to Item # 17, Commissioner Seel said she supported investment in GIS
(Geographic Information System) technology and requested the administration consider
ways to reduce staff levels through the resulting increase in technological abilities. -In
reference to Item #20, she thought the 2,5% rate of return on the Peerless Supply Lease
was low.
Commissioner Johnson moved to approve the Consent Agenda as submitted less
Items #23 and #27 and that the appropriate officials be authorized to execute same, The
motion was duly seconded and carried unanimously.
ITEM #23 - Contract for Determination of Need for Clearwater Beach Community
Redevelopment Agency to O'Neil Planning and Design Services, Inc" for $20,000 (CP)
The City received one response to the RFP (Request for Proposal) to determine the
need for a eRA (Community Redevelopment Agency) district for portions of Clearwater
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beach. Staff attributes the low response to the requirement that the selected firm will not
be considered for preparation of a CRA plan, if warranted, as well as the contract fee's
complexity. A RFQ (Request for Qualifications) approach will be used for future consulting
service work of this type to elicit a wider range of responses. The RFP review committee
judged the respondent, O'Neil Planning and Design Services, Inc., to be highly qualified.
Staff has negotiated a contract, Work will be completed by January 1997. The $20,000
cost is higher than anticipated. The scope of work proposed, however, includes a
structure-by-structure analysis that will be useful for other purposes, such as unsafe
structures, code enforcement. and design guideline programs. Staff feels this scope
provides the City with good value.
Mr. Shuford distributed an amendment to the contract for 10.0 (Warranty and
Liability), paragraph 2. The paragraph now reads. "0P&DS's liability for injury or IOS3
arising from professional error or omissions 3holl not exceed tho omoont-.of this contract
OP&DS's liability for all e#tef conditions for which it may be liable under this Agreement
shall not exceed $250.000."
Commissioner Clark moved to award a contract as amended to O'Neil Planning and
Design Services, Inc. for Determination of Need for Clearwater Beach Community
Redevelopment designation in the amount of $20,000 and that the appropriate officials be
authorized to execute same. The motion was duly seconded and carried unanimously.
ITEM #27 - Lobbvist Contract - Legislative Consultant Services Agreement with law firm of
Pennington, Culpepper, Moore, Wilkinson, Dunbar & Dunlap. P,A. (CA)
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On September 19. 1996. the City Commission approved a ranking for legislative
consultant services of: 1) Pennington. Culpepper, Moore. Wilkinson. Dunbar and Dunlap;
and 2) Smith. Bryan and Myers; and 3} Holland and Knight and directed staff to negotiate a
contract with the top ranked firm. The City Attorney presented a Services Agreement
contract for Legislative Consultant Services with Pennington, Culpepper, Moore, Wilkinson.
Dunbar and Dunlap for City Commission approval.
Commissioner Hooper complimented Pennington, Culpepper. Moore, Wilkinson.
Dunbar and Dunlap for their lobbying efforts on behalf of the City regarding State funding
to proceed with the Memorial Causeway Bridge replacement project. Mayor Garvey
thanked Senator Latvala and Representative Safely on behalf of the City and City
Commission for their efforts in helping to replace the bridge.
Commissioner Hooper moved to approve the Lobbyist Contract for Legislative
Consultant Services Agreement with the law firm of Pennington. Culpepper, Moore.
Wilkinson, Dunbar & Dunlap, P.A. The motion was duly seconded and carried
unanimously,
OTHER ITEMS ON CITY MANAGER REPORT
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ITEM #28 - Res, #96-63 - Designating certain library employees as code inspectors and
enforcement officers for purposes of enforcing Pinellas County Ordinance #96-52 for
recovery of overdue library materials (LIB)
Effective October 1; 1996; Florida public libraries can recover long overdue library
materials through the State and County legal systems, Pinellas County Ord. #96-52
provides that failure to return library materials is a misdemeanor punishable by a $400 fine
or up to 60 days imprisonment, The Pinellas County Sheriff's Department and State's
Attorney's offices will prosecute violations of this County ordinance.
Florida Statutes 162.21 and 162,22 require authorizing code enforcement officers
to issue citations for ordinance violations. Staff recommends designating Library Division
Manager - Technical Services and Librarian III - Circulation Manager as code inspectors and
enforcement officers solely to issue citations for violations of County Ord. #96-52.
Commissioner Seel moved to designate certain library employees as code inspectors
and enforcement officers for the purposes of enforcing Pine lias County Ordinance #96-62
for the recovery of overdue library materials and that the appropriate officials be authorized
: to execute same. The motion was duly seconded and carried unanimously,
The City Attorney presented Resolution #96-63 and read it by title only.
Commissioner Johnson moved to pass and adopt Resolution 1/96-63 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
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"Ayes": Johnson, Clark, Hooper, Seel and Garvey
"Nays"; None.
ITEM 1/29 - Res. #96-64 - naming the Clearwater Community Sailing Center 2nd floor
room the "Carlisle Room" (MR)
The City wants to recognize Steve Carlisle for his contributions to the Clearwater
Community Sailing Center. Over the years; he has contributed to the education of sailing
students and the overall success of the Sailing Center through donations of funds and
vessels. The MAB (Marine Advisory Board) recommended naming the Sailing Center's
second floor room the "Carlisle Room,"
Harbormaster Bill Held said Steve Carlisle began donating to the Clearwater
Community Sailing Center before the building was constructed, He noted this season was
the centerls most successful.
The City Attorney presented Resolution #96-64 and read it by title only,
Commissioner Clark moved to pass and adopt Resolution #96.64 and authorize the
appropriate officials to execute same, The motion was duly seconded and upon roll call,
the vote was:
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"Ayes": Johnson, Clark, Hooper, Seel and Garvey
"Nays": None.
Steve Carlisle said he contributed to the center without expecting anything in
return. He said his family has prospered in Clearwater. Mr, Carlisle commended Ted
OtBrien and the Windjammers for their work. He applauded the City for constructing the
Sailing Center and said he is proud of this honor. Mr, 0 I Brien said Mr. Carlisle is an
outstanding person and complimented Mr. Held,
ITEM #30 - Pavment of $34,570 to Post. Bucklev, Schuh & Jerniaan, Inc" City Engineer
of Record, for comparative assessment of Celf 2 and "C" Pond concepts re Town Lake
Proiect (EN)
I
The City Manager said she was pulling this item from consideration. Commissioner
Clark expressed concern the City had promised property owners to conclude this issue by
the end of the year. The City Manager said that still may be possible.
ITEM #31 - First Reading Ords. #6101-96 & #6102-96 - amendments to Occupational
License Tax regulations & fee structure (CP)
"~:)
Last year, the City Commission approved new regulations and a new fee structure
relating to occupational license taxes, as recommended by the Occupational License Equity
Study Commission, under State guidelines. After working with the new regulations and
fee structure, staff recognizes several necessary housekeeping and streamlining changes:
1) City Code Chapter 29 - add background check paragraph and make minor grammatical
changes and 2) Appendix A - Schedule of Fees, Rates and Changes - indent major
categories for clarification, add notes where necessary, provide specifications for penalty
and transfer fees, specify calculation method for fractions in Merchant category, correct
misstated or deleted fees, and other minor clarifications,
Commissioner Clark said he would vote against the proposal, He expressed
concern large inequities exist in the new licensing regulations. He has discussed this issue
with the City Manager,
Commissioner Johnson moved to approve the amendments to the Occupational
License Tax regulations and fee structure and that the appropriate officials be authorized to
execute same, The motion was duly seconded.
Commissioner Clark said recently, some renewal fees had increased by 3% to
400%. The City Manager said a Tax Equity Study Commission had recommended these
increases which were the first ones permitted in many years. Commissioner Seel said
some merchants feel they are charged for inventories while others are not. Commissioner
Clark said he is aware this ordinance only addresses housekeeping issues. Commissioner
Seel recommended reconsideration of the fee structure. The Mayor requested staff come
back jf changes need to be made. She noted the Task Force had spent a great deal of
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time addressing this issue. Commissioner Seel requested staff address Commissioner
Clark's concerns by a date certain,
Upon the vote being taken, Commissioners Johnson, Hooper and Seel and Mayor
, Garvey voted UAyeU; Commissioner Clark voted UNay. U Motion carried,
The City Attorney presented Ordinance fl6101~96 for first reading and read it by
title only. Commissioner Hooper moved to pass Ordinance #6101-96 on first reading, The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Hooper, See I and Garvey.
"Nays"~ Clark,
Motion carried.
The City Attorney presented Ordinance #6102-96 for first reading and read it by
title only. Commissioner Johnson moved to pass Ordinance #6102-96 on first reading,
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Hooper, See I and Garvey.
"Nays": Clark.
t,~,~~~
Motion carried.
The Commission recessed from 8:08 to 8:24 p.m.
ITEM #32 - First Readin!:! Ord, #6084-96 - revising Appendix A, Schedule of fees, rates
and charges for various permits & services related to building construction of Central
Permitting (CP)
The Central Permitting Department periodically reviews the Construction Technical
Services Division's permit fee schedule, revenues, and costs. The proposed adjustment is
designed to streamline the fee schedule by omitting, lowering, or raising some fees. The
changes will generate an increase of about 5% in projected revenues for FY (fiscal year)
1996/97 and generate approximately $45,000 more than projected revenues of $900,000
and cover the proposed $932,110 budget, The last comprehensive fee adjustment was
proposed in 1990.
Highlights of proposed changes: 1) use contract price and eliminate Southern
Building Code Congress International, Inc. values to determine project valuation; 2)
eliminate consultation fees and permit fee estimates; 3) increase the plan examination and
permit fee schedules by approximately 5%; 4) create a more equitable plan examination
fee schedule for one and two family projects; 5) remove fees for review of flood zone
plans, threshold buildings, and zoning; 6) clarify plan amendment fees; 7) clarify fees for
additional and replacement copies of the certificate of occupancy; 8) raise the threshold on
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permit tee refunds and establish a reasonable maximum chaige; 9) eliminate the "Laundry
list" of permit types from the ordinance; 10) remove the redundant permit fee table under
House Move; 11) remove fee for recertification of electrical service; 12) add fees for
zoning verification letters and research time; 13) allow building official to set policies
regarding when reinspection fees, follow-up fees. and after the fact permit fees are
assessed; 14) craate fee category to allow City to recover cost of administering State
required notice of commencement forms; 15) clarify combination permit definition; and 16)
simplify wording for appeals and make appeal fees consistent.
Currently. one and two family projects pay a plan examination fee for new
construction only. Recently, additions and remodelings have become larger in scope and
require staff to spend as much time reviewing these types of plans as new projects of
comparable value, A sliding fee schedule is proposed for one and two family projects
resulting in a 5 % average increase for residential permit fees.
A question was raised if fees should cover City costs. and the City Manager said
that is no longer stated policy. Commissioner Clark said the ease of service for customers
is important,
Commissioner Clark moved to revise Appendix A. Schedule of fees; rates. and
charges relating to See 47.083{4) of the Code of Ordinances and that the appropriate
officials be authorized to execute same, The motion was duly seconded and carried
unar'1mously,
t;;,:) The City Attorney presented Ordinance 116084-96 for first reading and read it by
title only. Commissioner Clark moved to pass Ordinance 1/6084.96 on first reading. The
motion was duly seconded and upon roll call, the vote was:
'IAyes": Johnson, Clark, Hooper. Seel and Garvey.
"Nays": None,
ITEM 1133 - Citv Hall Renovations - transfer $ 500.000 from Creative Beers construction
project account and $15,800 from projected funding to Rowe Architects, Inc. to a City
project fund (eM)
Staff recommends the Building and Maintenance staff manage the renovation work
for City Hall to provide greater flexibility in relocating City Hall employees during
construction work and to accomplish necessary repairs for the 3- to 5.year temporary
renovation project, Staff is writing specifications to secure bids so work can be
scheduled. Bids in excess of $25,000 will be presented to the City Commission for
approval. Creative Beers and Rowe Architects. Inc. have complied with the staff request
to deduct these funds from the Phase 10 construction project,
According to his October 14. 1996, fax, Acting Assistant City Manager Bill Baird
noted changes in the scope to City Hall renovations: A) general changes - 1) add fire
sprinkler system and fire pump; 2) provide 1 hour fire rating for stairwell; 3) modify
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communication closets; and 4) relocate electrical circuits, television, and communications
connections; B) 1 st floor - 1) omit proposed ADA ramp; 2) omit South stairwell exit; and 3)
build opening in North wall of room B 106; C) 2nd floor - 1) enclose catwalk with glass; D)
3rd floor - 1) omit exit corridor and stair tower; 2) remove glass wall on South end of room
A3'I4 (City Manager reception area); 3) no change to rooms 305B-R. 316A-R, 316B-R,
301A-R, 301B-R, 316, and 317A-R; 4) remove sink and millwork in room 317A-R: 5)
expand TV production room B316, Legal Department workroom B314, and Legal offices
8313 and B320: and 6) modify computer room. Mr. Baird said a bid of approximately
$70,000 for the sprinklor system and fire pump was received. The bid does not include
patching or repair of building components required to install a fire suppression system, The
bid excludes costs associated with asbestos abatement required for installation,
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The City Manager said the guaranteed maximum price for the Municipal Services
Building, Police Department, and parking garage would be amended, She recommended
staff take charge of City Hall renovations. Commissioner Clark recommended completing
projects In progress first. as the City Hall project will create additional administrative work
for the General Services Department, The City Manager noted City Hall's air-conditioning
system could break down at any time. She said City Hall has fire code and ADA issues
and is not tied into the City's computer system to access technology in the Municipal
Services Building. Waiting 6 months would be a hardship for City Hall employees,
Commissioner Clark complimented Mr, Bair~ on the good job he has done but expressed
concern in burdening him with another project. Mr. Baird felt the proposed project is
necessary even though it will increase demands on his staff. He expressed concern
regarding life safety issues and the air-conditioning system. He said if the City gambles
and the air-handler breaks, the air-conditioning system could be down for 4-8 weeks while
parts are ordered. He said now is a good time to repalr it. He pointed out fiber optics are
being brought into the building at thls time,
In response to a question, Mr. Shuford sald staff would use the same approach for
City Hall as any other building in Clearwater, requiring compliance with the fire code or
demanding vacating the building, Commissioner Seel noted this item only addresses the
transfer of funds and does not schedule a time tabla. Staff will return to the City
Commission with bids.
Commissioner Seel moved to approve the transfer of $500,000 from the Creative
Beers construction project account and $1 5,800 from projected funding to Rowe
Architects, Inc. to City Hall Renovations project fund, The motion was duly seconded.
In response to a question, the City Manager said the City Commission can stop this
proIect in the future. Staff will bid out electrical and plumbing work and sprinkler
installation. City Hall will havo to be vacated for approximately two months. Staff is
looking to schedule City Commission moetings in the County Commission chambers.
Upon the voto boing taken, the motion carried unanimously.
ITEM 1/34 . 1997 Legislativo Pl2ilIillll (eLK)
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The City Clerk recommended the following legislative issues as the Cityts 1997
priorities: 1) Bridge Funding - fund highly ranked functionally obsolete bridges; 2) Memorial
Causeway Bridge Funding - clarify 1996 House Bill 539 intent so funds allocated for
reimbursement could be used for design and construction; 3) Community Redevelopment
Act - propose legislation to change "slum and blight" language; 4) Risk~Based Corrective
Action for Environmental Assessment and Contamination Remediation - establish
framework for development; 5) Joint & SeveralliabHity - eliminate lender and innocent
party liability; 6) Voluntary Clean-Up Exemption from Regulatory Penalty - encourage
voluntary compliance while retaining appropriate penalties for intentional or negligent
actions; and 7) Petroleum Storage Tank Program - adequately fund remediation of known
risk sites and prioritize resources to those sites.
The City Clerk said the Cityts new lobbyist believed the City had too many priorities
last year to focus on specific issues of particular importance to Clearwater,
Commissioner Seel recommended adding credit cards for governmental fees and
one-call bill legislation. Commissioner Clark suggested the City support strict handicapped
parking regulations if legislation is proposed,
Commissioner Seel referred to the public service utility tax fuel cost exemption
issue. She felt this hidden tax replaces ad valorem taxes.
:J
Commissioner Seel moved to remove the public service utility tax fuel exemption
issue from the 1997 Legislative Program. The motion was duly seconded. Commissioner
Seel voted "Ayel;; Commissioners Johnson; Clark and Hooper and Mayor Garvey voted
"Nay. It Motion failed.
Commissioner Johnson moved to approve the 1997 Legislative Program as
proposed. The motion was duly seconded and carried unanimously.
ITEM 1/35 w Other Pending Matters - None.
CITY ATTORNEY REPORTS
ITEM #36 w Resolutions
a) Res. #96-65 - Demolition Lien - 1114 Carlton St., Greenwood Park First Addition, Blk B,
Lot 23 (Alma Davis)
The City Attorney presented Resolution #96-65 and read it by title only.
Commissioner Clark moved to pass and adopt Resolution #96-65 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
"Nayslt: None.
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b) Res. #96-67 - Abatement Lien. 1980 Byram Dr" Sunset Highlands Unit 1, lot 48 (Bill
Nelson)
The City Attorney presented Resolution #96M67 and read it by title only,
Commissioner Hooper moved to pass and adopt Resolution #96.67 and aut"orize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
tho vote was:
"Ayes": Johnson, Clark, Hooper, Seel and Garvey
,
"Nays": None.
c) Res. #96-68 - Amending Commission Rules
The City Attorney presented Resolution #96M68 and read it by title only.
Commissioner Johnson moved to pass and adopt Resolution #96-68 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,
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d) Res. #96-70 - Assessing property owners the costs of having mowed or cleared
owners' lots
The City Attorney presented Resolution #96-70 and read it by title only.
Commissioner Seel moved to pass and adopt Resolution #96-70 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 #37 - Other City Attornev Items
Vogel Property
The City Attorney reported the deadline has passed for the City to receive the deed
for the Vogel property right-of-way along the landmark Drive extension. She
recommended filing a lawsuit to enforce the agreement, The Engineering Department is on
a tight construction schedule, Staff had prepared a deed and forwarded it to the Vogels'
attorney. When contacted by staff, the Vogels had indicated the deed would be returned.
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Commissioner Hooper moved to authorize the City Attorney to proceed in filing a
lawsuit against the Vagels regarding the deed for right-of-way along the landmark Drive
extension as per the agreement. The motion was duly seconded and carried unanimously.
ITEM #38 - Gitv Manager Verbal Reports
0) Local Interest Group, Memorial Causeway Bridge Report
Mr. Baier said the last L1G (local Interest Group) meeting to address the Memorial
Causeway Bridge had a good turnout. He felt the 87 votes to build a new bridge were
representative of the need for a new bridge. The Mayor said ltG participants had favored
the alignment with the least amount of information. Commissioner Seel recommended
scheduling another L1G in 8 location more convenient to other parts of the community,
Staff will review other locations,
b) 11/4/96 Work Session - conflict with TBRPC
Consensus was to schedule the November 4, 1996, Work Session to start at 1 :00
p,m.
Edgewater Drive meeting
, ';,..'"
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The City Manager reported the November 4. 1996. Edgewater Drive meeting is
scheduled to be held in City Hall chambers,
11/2/96 Joint eRA/DDS meeting
The City Manager requested the City Commission cancel the November 2, 1996,
joint CRA {Community Redevelopment Agency)/DDB (Downtown Development Board)
meeting to give staff additional time to prepare. She suggested including additional groups
for input regarding a shared vision for downtown. She suggested meeting in early January
1997.
Consensus was to cancel the November 2. 1996, joint CRA IDDB meeting.
City Government Week
The City Manager said brochures were distributed to Commission members
regarding City Government Week which runs October 20 - 26, 1996.
Pier 60 Park Grand Opening
The City Manager reported the Grand Opening of the Pier 60 Park has been
rescheduled for the afternoon of November 24, 1996.
ITEM #39 - Other Commission Action
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a) Cltv Manager Compensation Consideration
Commissioner Seel moved to postpone any City Manager compensation increase
and to establish a salary and performance review in 6 months, The motion was duly
seconded.
Discussion ensued regarding reimbursement for unused vacation. It was indicated
this would be addressed separately.
Commissioner Clark supported the motion. noting the City Commission had pointed
out significant changes to be made. He felt scheduling a review in 6 months is reasonable.
He recommended delaying the City Manager's next review until October 1998. if the 6-
month review is rated "Satisfactory" or better. Commissioner Johnson questioned the
daisy. Commissioner See I said the City Manager is a fine. hardworking person but the past
6 'months have been turbulent. The Mayor said the City Commission needs to establish
goals and standards of performance for the City Manager. She recommended continuing
this issue for 2 weeks. The City Manager noted the Charter requires the City Commission
to provide the public with a review of the City Manager each October. Commissioner
Clark said that report does not have to be a formalized review, Commissioner Seel felt the
Commission should continue to schedule City Manager and City Attorney evaluations
together.
t.:":J
Commissioner Johnson felt the City Manager had under-rated her accomplishments,
noting the City Commission had provided little direction. He stated problems were related
to an Assistant City Manager who had not kept her informed. He said the City Manager is
a dedicated, loyal employee, and the City Commission needs to provide her with direction.
The Mayor said the City Commission should not micro~manage, Commissioner Seel
believed the City Commission, as the board of directors. owes it to the taxpayers to be
careful when giving salary increases. Commissioner Hooper agreed the City Manager is
being held responsible for one particular issue, construction, However. that issue
represents a $40-million expenditure, He referred to documentation problems with the
construction projects and pointed out neither the Harborview Center nor Municipal Services
Building is completed. He felt the City Manager's self.evaluation was fair and honest. In
response to a question, the City Manager indicated the evaluation process for SAM?
employees is a developmental one and SAMP employees will receive an across the board
increase of 5%. Last year, Department Directors were awarded a 4% across the board
increase. Other increases were based on performance, The Mayor said the City Manager
has done a good job overall and felt she should receive some increase,
Discussion ensued regarding the upcoming strategic planning meetings, The City
Manager said that would be the time to clarify roles to arrive at mutually agreeable goals
and priorities.
Commissioner Seel amended her motion to include establishing goals and priorities
and standards of performance for the City Manager starting at the November 10. 1996.
meeting, The seconder agreed.
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Upon the vote being taken on the amendod motion, Commissioners Clark, Hooper
and Seel voted "Aye"; Commissioner Johnson and Mayor Garvey voted "Nay." Motion
carried.
Commissioner Hooper moved to amend the City Manager's compensation package
to permit reimbursement for up to 7 unused vacation days, The motion was duly
seconded. '
Commissioner Johnson questioned if the City can require the City Manager to use
her vacation time, Commissioner Clark said that is a lifestyle choice. Commissioner
Hooper noted the City Manager has had only one Deputy City Manager to assist her for
some time,
Upon the vote being taken, the motion carried unanimously.
The Mayor said the most effective managers surround themselves with talented
people, She said the City Manager is doing her best to accomplish that,
bJ City Attorney Compensation Consideration
Commissioner Clark said the City Attorney's evaluation was rated "Excellent,"
Commissioner Clark moved to increase the City Attorney's salary by 5%. The
motion was duly seconded and carried unanimously.
t:'~
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Commissioner Johnson thanked Commissioner Seel for addressing parking problems
at Ruth Eckerd Hall. Commissioner Seel said PACT plans to make parking more efficient,
Commissioner Seel commended the Mayor's letter to Jack Critchfield regarding
women' s equity in education and employment
Mavor Garvey referred to minutes from a recent Parks & Recreation Board meeting
and expressed concern staff not spend more than 8 hours meeting advisory board
direction,
Mavor Garvey reported a veteran's organization has offered to donate a flag pole to
the City.
Commissioner Clark referred to an in-kind request from Margaret Hyde for the
November 9, 1996, Discovery Day, The City Manager indicated the request was received
too late to agenda the item, The Mayor noted the City Commission's policy is to only
sponsor special events approved in the budget. The City Manager said in-kind donations
impact department budgets. Commissioner Seel recommended staff be more proactive
regarding upcoming activities. Commissioner Clark noted two City Commissioners sit on
the DDB (Downtown Development BoardL The Mayor said the DDB had not reported this
need,
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-"", Mavor Garvev expressed concern trees and bushes block several sidewalks. The
".....,.P Community Response Team will review, '
Mavor Garvev invited people to attend the Jazz Holiday. scheduled tonight through
Sunday, October 20, 1996.
ITEM #40 w Adiournment
The meeting adjourned at 9:30 p.m.
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