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COMMISSION
City Commission Minutes
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CITY COMMISSION MEETING
CITY OF CLEARWATER
November 20, 1997
Present:
Rita Garvey
J. B. Johnson
Robert Clark
Ed Hooper
Karen Seel
Michael J. Roberto
Kathy S. Rice
Bob Keller
Richard L. Hedrick
Pamela K. Akin
Rich Baier
Mary K. "Sue" Diana
Patricia O. Sullivan
Mayor/Commissioner
Vice-Mayor /Commissloner
Commissioner
Commissioner
Commissioner
City Manager
Deputy City Manager
Assistant City Manager
Assistant City Manager
City Attorney
Public Works Director
Assistant City Clerk
Board Reporter
The Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation
was offered by Commissioner Johnson. The Mayor led the Pledge of Allegiance.
To provide continuity for research, items are In agenda order although not necessarily
discussed In that order.
, 0 ITEM #3 - Service Awards
One service award was presented to a City employee.
ITEM #4 - Introductions and Awards - None.
ITEM #5 - Presentations
a) Keene Road Update
Joe Kubicki, of King Engineering Associates, Inc., distributed a booklet regarding
Phases IA and IB 'of the Keene Road Project between Gulf-to-Bay Boulevard and Sunset
Point Road. The Keene Road Project was divided into phases: 1) Phase IA - April 1 999 -
April 2001 M Gulf-to-Bay Boulevard to Drew Street; 2) Phase 18 - April 1999 - April 2001 -
Drew Street to Sunset Point Road; 3) Phase II - April 1999 - April 2001 - Curlew Road to
Tampa Road; 4) Phase 111 M N/A; 5) Phase IV - 1999 - Tampa Road to New York Avenue; 6}
Phase V - 1996 - New York Avenue to Alderman Road; 7) Phase VI - N/A; and 8) Phase VII
- 1 999 - Sunset Point Road to Virginia Street.
The 1994 Preliminary Engineering Report analyzed anticipated traffic, lane
configuration, intersection geometries, right-at-way Impacts, environmental Impacts, and
utility considerations. Construction plans development, based on the report, are at the
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90% completion stage. Public information workshops were held on October 11, 1993,
and February 22, 1 996.
The Keene Road/CR 1 corridor is an integral part of the county's long-range
highway plans. The MPO (Metropolitan Planning Organization) 2015 Long Range Plan,
identifies Keene Road as a 6- and 4-lane divided road between Gulf-to-Bay Boulevard (SR
60) and Tampa Road. Currently, the primary North/South corridors in central and northern
Pinellas County are US 19, Alternate US 19, Belcher Road, and McMullen-Booth Road.
Collector roads such as Hercules and Highland Avenues supplement this traffic flow. The
Keene Road project will provide a major North/South thoroughfare in northern Pinellas
County, will relieve traffic on Alternate US 19, and will connect St. Petersburg and Palm
Harbor.
In February 1987, the Pinellas County Subdivision Regulation Sector Plan, Traffic
Corridor Plan and Right-of-Way Requirements Plan was adopted, establishing a 100-foot
wide right-of-way for Keene Road between Gulf-to-Bay Boulevard and Alternate US 19.
Much of the needed land has been dedicated or acquired. The roadway typically will be
within a 120-100t right-ot-way, South of Drew Street and within a 100-foot right-of-way,
North of Drew Street.
The roadway and intersections were designed to accommodate maximum traffic
flow through 2015 and to provide relatively smooth flowing traffic. Left and right turn
storage lanes have been sufficiently sized. Between Gulf-to-Bay Boulevard and Drew
Street, the roadway will be divided and have 6-lanes, curbs, gutters, and sidewalks.
Between Drew Street and Sunset Point Road, the roadway will be divided and have 4-
lanes, curbs, gutters, and sidewalks. Full median openings, at acceptable distances, will
allow access to side roads. The predominant posted speed limit will be 45 mph. Truck
traffic may be restricted to daytime hours.
The typical section includes a 20-foot wide grass median and 2 or 3 travel lanes in
each direction. Inside lanes will be 11-feet wide and outside lanes will be 1 2-feet wide
with 4~foot bicycle lanes. The recovery area between the back of the curb and right-of~
way is 12 feet in most areas and will include sod and a sidewalk for pedestrian traffic.
The cost to construct Phase fA and Phase 18 is estimated at $13~million.
In response to a question, Mr. Kubicki said 6 lanes are planned between Gulf-to-Bay
Boulevard and Drew Street due to the anticipated higher volume of traffic on this segment.
He reviewed the planned alignment. Heading North, the road will jog to the left at Gulf-to-
Bay Boulevard to line up with Venus Avenue. A small retention pond will be built on the
West side ot Keene Road South of Gulf-to-Bay Boulevard. He said the pond East of Venus
Street and South of Cleveland Street will be enlarged. The road will intersect Drew Street
by the former arts center.
A building in the Hacienda Gardens Apartment complex on the West side of Keene
Road near the Airpark was purchased for the project. The project is working with the
Airpark regarding construction of oIIPond 400. N A permit has been granted to cross the
mcc11 b97
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~ ~atilrOad tt~acksTNhorth ~f tthte Airpalrk. . Smallk~hang.esh willffbe maded~o thelsudnset ~oint ~ohad
· In ersec Ion. e proJec earn a so IS wor lng WIt sta to coor Inate an scapmg Wit
planned Gulf-to-Bay Boulevard upgrades. It is anticipated acquisition of the 29 parcels to
be impacted by both phases will be completed by December 1998. Phases lA and IB will
be constructed simultaneously, beginning in April 1999. Mr. Kubicki said citizens have
made positive comments regarding the project.
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Concern was expressed regarding the project's impact on homes and businesses.
Mr. Kubicki reported the alignment was established in the mid 1980s. Several business
impacts will occur on the North side of Gulf-to-Bay Boulevard, including the Subway
restaurant, a small hotel-apartment, and part of the parking lot at Young's Barbecue
restaurant. He said FOOT (Florida Department of Transportation) had been helpful by
relaxing standards on SR 60 thereby limiting the number of affected businesses.
Walgreen's will not be affected. The majority of residential properties are impacted due to
the need for small pieces of land to construct intersections.
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In response to a question, Mr. Kubicki said the project team is working closely with
the Airpark. The road, more than 600 feet from the runway, is outside the approach
pattern. Careful consideration has been given to the height of street lights in this area.
The road will run near the golf course and adjacent to the Airpark. Some greens may have
to be modified to direct errant balls away from the road. In response to a question, he said
the design of retention ponds has improved dramatically. The pond South of Cleveland
Street will be recontoured and sodded. The pond will be attractive and not fenced. Plans
are for "Pond 400" on the Airpark property to be a dry pond. Jim Collins, Pinellas County
Engineer, said the County's new methods of mosquito abatement include introducing fish in
some ponds. Public Works Director Rich Baier said the County is responsible for
maintaining and spraying the ponds. This issue will be clarified in the JPA (Joint Project
Agreement). Mr. Collins said the County's new policy requires the installation of aesthetic
landscaping which does not attract wild life.
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ITEM #6 - Aooroval of Minutes
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Commissioner Johnson moved to approve the minutes of the regular meeting of
November 6, 1997, as recorded and submitted in written summation by the City Clerk to
each Commissioner. The motion was duly seconded and carried unanimously.
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ITEM #7 - Citizens to be heard re items not on the AQenda
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Deborah Kvnes, 1997 Chair of Jazz Holiday, thanked the City for its support of this
year's event. She reviewed plans to distribute the proceeds. Of $45,000 received,
$25,000 came from rain insurance. Procedures to serve beer and wine had passed ATF
(Department of Alcohol, Tobacco, and Firearms) inspection.
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Phil Henderson, 1998 Chair of Jazz Holiday, said he had donated dock space for
offices to Jazz Holiday. The 1 paid staff position will be increased to full time. He
reviewed plans to attract a national audience by adding a Seafood Festival and expanding
the event to 10 days.
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Mark Dallara said a protest against Scientology is scheduled for December 5 and 6,
in Clearwater. He spoke against their practices.
PUBLIC HEARINGS
ITEM #8 - Public Hearino & First Readino Ords. #621 O~97 & #6213~97 - Annexation & CG
Zoning for property located at 2131 NE Coachman Rd., Mosell Acres Sub., part of Lot 2
(Frederick & Camille Hosley, Harvey & Dana Kerstein, A97-12)
The applicants have requested annexation and proposed zoning of General
Commercial (CG) for 2131 Northeast Coachman Road for non-commercial parking. The
applicants own a dental office already in the City and adjacent to the subject property. The
applicants acquired the subject property for parking purposes and to possibly expand the
dental office. On November 4, 1997, the Planning & Zoning Board unanimously endorsed
the request.
AI Galbraith, representative, stated the annexation involves a single lot enclave and
is voluntary.
Commissioner Clark moved to approved the Petition for Annexation and Zoning
Atlas Amendment to General Commercial (CG) for part of Lot 2, Mosell Acres Subdivision.
The m~tion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #6210-97 for first reading and read it by
title only. Commissioner Hooper moved to pass Ordinance #6210-97 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 #6213-97 for first reading and read it by
title only. Commissioner Johnson moved to pass Ordinance #6213-97 on first reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, See I and Garvey.
"Nays": None.
Public Hearina - Second Readina Ordinances
ITEM #9 - Ord. #6172~97 - Land Use Plan Amendment to Recreation/Open Space for
upland area and Preservation for wetland area for property located at 2950 Drew St., Sec.
8-29-16, M&B 44.01; and receive & refer associated site plan for approval by the
Development Review Committee (City of Clearwater, LUP97-07)
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The City Attorney presented Ordinance #6172.97 for second reading and read it by
title only. Commissioner Seel moved to pass and adopt Ordinance #6172-97 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel and Garvey.
"Nays": None.
ITEM #1 0 - Ord. #6173-97 - Recreation/Open Space (OS/R) Zoning for southern portion &
Preservation (P) Zoning for wetland areas of property located at 2950 Drew St., Sec. 8-
,29-16, M&B 44.01; and receive & refer associated site plan for approval by the
Development Review Committee (City of Clearwater, Z97-08)
The City Attorney presented Ordinance #6173-97 for second reading and read it by
title only. Commissioner Hooper moved to pass and adopt Ordinance #6173-97 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel and Garvey.
ITEM #11 - Ord. #6207-97 - Referendum ordinance re proposed lease to Head Start Child
Development and Family Services, Inc.
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The City Attorney presented Ordinance #6207-97 for second reading and read it by
title only. In response to a question, she said Head Start has used this facility for almost
30 years. The City Charter requires a referendum to extend the lease since the property
once was designated recreation/open space. It was felt the current use of the property is
important. Residents were encouraged to support this issue.
Commissioner Johnson moved to pass and adopt Ordinance #6207-97 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 - Ord. #6208-97 - Amending Sec. 2.474 of Ch. 2, Div. 5. re Police Officers
Pension Plan, Subdivision II, Supplementary Pension and Retirement Plan to revise
investment authority
The City Attorney presented Ordinance #6208-97 for second reading and read it by
title only.
It was noted the City does not contribute to this Pension Plan. The change will
allow up to 10% of the plan's funds to be invested in foreign markets. Concern was
expressed that employees are aware of this change.
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Commissioner Hooper moved to pass and adopt Ordinance #6208-97 on second and
final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clarkt Hooper, Seel and Garvey.
"Nays": None.
ITEM #13 - Ord. #6211-97 - Relating to special events, amending Sec. 22.83 relating to
parades to permit parade participants to toss candy, medallions and similar matter
The City Attorney presented Ordinance #6211-97 for second reading and read it by
title only. Commissioner Johnson moved to pass and adopt Ordinance #6211-97 on
second and final reading. The motion was duly seconded.
Concern was expressed children had been injured during past parades after running
into the street for candy.
Upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper and Seel.
"Nays": Garvey.
Motion carried.
ITEM #14 - Ord. #6212-97 - Relating to Environmental Advisory Board, amending Sec.
2.161 relating to officers; amending number of members necessary to constitute quorum
The City Attorney presented Ordinance #6212-97 for second reading and read it by
title only. Commissioner Seel moved to pass and adopt Ordinance #6212-97 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 #15-21) - Approved as submitted less #15(2), #20, and #21.
ITEM #15 - Aooroval of Purchases per 10/23/97 memorandum:
Voyager Fleet Systems Inc., extension, vehicle fuel, 12/01/97 -12/01/98, estimated
$360,000 (GS)
ITEM #15(2) - See oage 7.
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ITEM #16 - Aoorove reaoDronriatJon of $102.130 of General Fund ooeratina savinas in the
Eiscal Year 1996/97 budget to fund sDecified oroiects in the current fiscal vea( (BU)
ITEM #17 - Award contract for educational services, Pinellas Caunty School System /
Clearwater Adult Education Center, estimated $92,060 (PO)
ITEM #18 - Ratifv/Confirm C.O.#1 (close-out) for Clearwater Beach Recreation Center floor
repairs, JSS Property Professionals, Inc., for $12,718.60, for total cost $37,606.60 (PR)
ITEM #19 - Aoorove Work Order. Post. Buckle v, Schuh & Jerniaan, development of
Pretreatment Ordinance for the City & its implementation, $90,260 (PW)
ITEM #20 - See OBoe 8.
ITEM #21 - See OBoe 8.
Commissioner Johnson moved to approve the Consent Agenda as submitted less
Items #15(2), #20, and #21 and that the appropriate officials be authorized to execute
same. The motion was duly seconded and carried unanimously.
ITEM #15(2) - Interorint Web and Sheet Fed. oublicBtion of The Clearwater Magazine,
$ 105,600 (1M)
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The City Manager said the Clearwater Magazine, to be distributed quarterly, is
designed to consolidate information the City currently distributes to the public. The
magazine will feature a pull-out calendar, community success stories, news about City
schools, and highlights of City events. Stories will be coordinated with C-View TV. It was
felt the project will educate the public and save money by limiting the distribution of
individual department information. It was questioned how the magazine's success will be
monitored. The City Manager said staff is evaluating how to define "success." He said
the magazine will expand distribution of information to the community. Not all residents
have access to C-View TV.
It was felt a standard to measure success should be established before spending
$200,000 on this project. It was noted the St. Petersburg Times already prints the Parks
& Recreation schedule each month. It was felt the City should not spend these funds to
publish something already printed elsewhere. It was suggested the City could retain
editorial integrity and save money by outsourcing the publication. Concern was expressed
a private company may print some objectionable advertisements. It was suggested the
magazine educate citizens regarding how ad valorem taxes are spent.
Gary Benjamin supported the publication of Clearwater Magazine. He
recommended tracking citizen reaction via the Internet on the City's web page.
lnformation Services Director Jeff Harper said the City's webmaster could transfer articles
from the magazine onto the Internet. It was noted that would cost additional staff time.
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Commissioner Seel moved to award a contract to Interprint Web and Sheet Fed,
Clearwater, Florida, for $105.600 for publication of The Clearwater Magazine for
distribution to the citizens of Clearwater on a quarterly basis. The motion was duly
seconded. Commissioners Johnson, Hooper, Seel and Mayor Garvey voted "Aye";
Commissioner Clark voted "Nay." Motion carried.
ITEM #20 - Contract for tenant build-out at Harborview Center (Pickles Plus TooL Macre
Construction, Inc., $158,400; and approve C.0.#1 reducing the total contract to
$109,898 (eM)
ANQ
iTEM #21 - First Amendment to Lease with Pickles Plus Too. Inc. (eM)
On July 15, 1997, a Request for Bid was released for a qualified General Contractor
to construct a "deli restaurant" at the Harborview Center. After the sole bidder, Macre
Construction submitted a $158,400 bid, staff negotiated a reduction in construction costs
to $109,898. The total necessary funding, $120,887.80, includes a 10% contingency.
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On August 15, 1995, the City and Pickles Plus Too, Inc. entered into a Lease
Agreement for a 2,500 square foot, more or less, retail sales area on the Harborview
Center's first floor. The initial term of the lease is for 5 years commencing at such time as
the certificate of occupancy and all other required approvals are issued. The amendment
includes changes: 1) leased premises - retail sales area to be increased to 2,800 square
feet; 2) term - initial term to be increased from 5 years to 6 years, 3 months; and 3) rent -
lessee to reimburse City an amount not to exceed $100,000 for the construction costs by
paying back 10% annually pro-rated on a monthly basis and payable with the rent.
Concern was expressed the lease amendment increases the restaurant's size by
300 square feet and allows an additional 3 months of free rent. Concern was expressed
the restaurateur may close the operation after the first 6 months when the City charges no
rent. A date certain for the opening of the restaurant was requested.
Assistant City Manager Rick Hedrick noted a time delay had occurred since the
original lease was approved. Changes made reflect different market circumstances. The
City took an aggressive posture in negotiating the concessions requested. Some delays at
the Harborview Center were not due to the restaurateur. Pickles Plus was willing to
maintain the size of the restaurant as proposed in the original lease. As the City has no
use for the additional 300 square feet, staff recommends incorporating it into the
restaurant. In the amendment, the City agrees to pay an additional $25,000 toward
construction costs. A year was added to the back end of the lease. The additional 3
months of free rent was granted due to construction delays that postponed the
restaurant's opening until after the holiday season. The three months were added on the
back end of the lease. Mr. Hedrick said this lease represents the best terms the City could
negotiate to allow the space to be occupied.
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mcc11 b97
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11/20/97
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It was noted the original lease reflected the restaurant would move into the facility
in September 1995. It was felt the City cannot be blamed for all delays to this project.
Concern was expressed the City is making too many concessions to lease this prime
location. The City Attorney will review the lease to confirm the restaurateur cannot move
out after 12 months. She said the completion date triggers the obligation of the contract,
requiring occupancy. It was noted the delicatessen has had 1-year of free advertising via
its sign on the side of the Harborview Center.
Commissioner Clark moved to award the contract for Pickles Plus Too construction
to Macre Construction, Clearwater, Florida, the sole bidder for $158,400, and approve
Change Order #1 which reduces the total contract to $109,898 and that the appropriate
officials be authorized to execute same. The motion was duly seconded. Commissioners
Johnson, Clark, Hooper. and Mayor Garvey voted UAye"; Commissioner Seel voted "Nay."
Motion carried.
Commissioner Clark moved to approve the First Amendment to the Lease with
Pickles Plus Too, Inc., and that the appropriate officials be authorized to execute same.
The motion was duly seconded. Commissioners Johnson, Clark, Hooper, and Mayor
Garvey voted "Aye"; Commissioner Seel voted "Nay." Motion carried.
OTHER ITEMS ON CITY MANAGER REPORT
ITEM #22 ~ Additional Services reauest bv Post. Bucklev. Schuh & Jerniqan to update &
complete Utility Rate Study, $22,174 (FN)
On July 18, 1996, the Commission approved implementation of this study at a cost
of $97,526. Completion was delayed due to changes in the CIP (Capital Improvement
Program) and the change in City management. Additional funding is needed to update the
study for the 3rd quarter amended budget for FY 1996/97 and the preliminary FY 1997/98
budget. It is anticipated Solid Waste rate changes recommended by the study will be
implemented on January 1, 1998. Recommended rate changes for Water/Sewer and
Stormwater will be presented in April 1998, with implementation anticipated by July
1998. A first quarter budget amendment will provide additional funding for the study from
the unappropriated retained earnings of the utility funds: 1) $13.904 - Water & Sewer; 2)
$4, 135 ~ Stormwater; 3} $784 ~ Gas; and 4) $3,351 - Solid Waste.
In response to a question, Mr. Baier said liability insurance is included.
Commissioner Johnson moved to approve additional services authorization request
by Engineer of Record, PBS&J (Post, Buckley, Schuh & Jernigan), to update and complete
the Utility Rate Study at a cost of $22,174, and that the appropriate officials be authorized
to execute same. The motion was duly seconded and carried unanimously.
ITEM #23 ~ First Readina Ord. #6217~97 - Submitting to the City Electors a proposed
amendment to the General Employees Pension Plan; amending Div. 3, Sec. 2.399,
establishment and operation of Pension Fund, Subsection (c), Powers and Duties of
Trustees, relating to investments; providing for a referendum election (FN)
mccl1 b9?
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The proposed ordinance, containing major changes and minor housekeeping
changes to the Employee's Pension Fund, is based on recommendations by the Investment
Committee, Investment Advisor, and Performance Measurement Company and will: 1)
lower investment rating for fixed income securities (bonds) from II AA" to "Investment
Grade"; 2) allow up to 1 0% of funds assets to be invested in foreign stock and/or bonds.
Currently none is allowed; and 3) increase from 50% to 65%, the amount of fund assets,
at cost that CBn be invested in common stock.
Staff will: 1) change fixed income securities to investment quality immediately upon
passage by voters. The fixed income portfolio will average "AA" or higher quality rating
with some securities rated II A." The money management companies believe this change
will add 0.25 to 0.40 to the Pension Fund's rate of return on the fixed income portion; 2)
not invest in stock or bonds traded on a foreign exchange without Trustee approval; and 3)
allow the percentage of the portfolio, at cost, to increase as the market progresses. Staff
will not rebalance the portfolio to this higher allowance. These changes all need voter
approval.
It was requested the ordinance be brought back after language is changed to
exclude foreign stocks and bonds. It was noted the economy is now global and language
in the proposed ordinance allows the Pension Plan to take advantage of opportunities in
foreign markets but does not require that type of investment. It was noted many
American pension plans have added similar language. It was felt this amendment provides
flexibility when it is needed. Past care used in making conservative Pension Plan
investments was noted.
Commissioner Seel moved to make changes to the investment restrictions in the
Employee's Pension Fund and to call for a referendum. The motion was duly seconded.
Commissioners Clark, Hooper, Seel, and Mayor Garvey voted "Aye"; Commissioner
Johnson voted "Nay." Motion carried.
The City Attorney presented Ordinance 116217-97 for first reading and read it by
title only. Commissioner Seel moved to pass Ordinance #6217-97 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Clark, Hooper, See I and Garvey.
"Nays": Johnson.
Motion carried.
, ITEM #24 ~ Lease Aareement. city owned DrODertv known as Clearwater A(roark, 1000 N.
Hercules Ave., to Clearwater Aircraft, Inc., operate & provide aviation services, five year
with 2 consecutive five year renewal options subject to Commission approval prior to
expiration of each term (PW)
mcc11 b97
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11/20/97
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As determined by the RFP selection committee, Clearwater Aircraft, Inc. is the top-
ranked candidate to provide aviation services and serve as the FBO (Fixed Base Operator)
at Clearwater Airpark. Clearwater Aircraft, Inc., is the current FBO. The City and
Clearwater Aircraft, Inc., have negotiated in good faith: 1) monthly rent to increase by
$3,400 to $7,450, including net revenue from new airplane T -hangars proportioned 75 %
to City and 25% to Clearwater Aircraft, Inc., resulting in 84% revenue increase; 2) fuel
increase of $0.03 per gallon to $0.06 per gallon for 100% revenue increase; 3) beginning
December 1, 1997, Clearwater Aircraft, Inc. to assume Airpark monthly mowing
operations for term of lease for $18,700 in annual savings; 4) Clearwater Aircraft, Inc. to
comply with ADA (Americans With Disabilities Act) deficiencies at flight operations
building; and 5) Clearwater Aircraft, Inc., to provide high level of customer service
standards as specified in Lease Agreement.
Terms of the proposed Lease Agreement were based, in part, upon data supplied by
, Hunnicutt/Arnold, Real Estate Appraisal and Consulting Services which completed an
appraisal of Clearwater Airpark on November 30, 1995. The Clearwater Airport Authority
supports renewing the lease with Clearwater Aircraft, Inc.
Staff was complimented for doing a tremendous job in negotiating this contract. It
was noted the contract addresses all concerns identified by the Commission.
Commissioner Seel moved to approve a 5-year Lease Agreement with 2
consecutive 5-year renewal options subject to City Commission approval prior to the
expiration of each 5-year term to Clearwater Aircraft, Inc., of Clearwater, Florida, to
operate and provide aviation services and to lease the subject property and that the
appropriate officials be authorized to execute same. The motion was duly seconded and
carried unanimously.
ITEM #25 - First ReadinQ Ord. #6215-97 - Relating to schedule for Solid Waste Collection
Rates; amending Appendix A, Art. XXV Public Works Fees, Rates and Charges; Sec. (3)(c)
Solid Waste Collection Rates (SW)
Solid Waste rates have not increased since September 1, 1992. On July 1, 1994,
Solid Waste rates were reduced $0.75 per month as Citywide recycling was implemented.
Burton & Associates has completed a Solid Waste rate study to cover 5-years of
operation. The Burton Rate Study recommends monthly increases: 1) single family
residence from $16.30 to $17.29 in 1998. to $18.34 in 1999, to $19.46 in 2000, and to
$20.65 in 2001; 2) commercial business or multi-family complexes (3 cubic yards - 2
pickups/week) from $138.66 to $147.12 in 1998, to $156.09 in 1999, to $165.61 in
2000, and to $175.71 in 2001; and 3) large commercial business or multi-family complex
(8 cubic yards - 2 pickups/week) from $374.91 to $397.78 in 1998, to $422.04 in 1999,
to $447.78 in 2000, and to $475.09 in 2001.
Increases are necessary to cover the need for a new computer system for Utility
Customer Service billing, the dumpster screening program, and anticipated CPI (Consumer
Price Index) increases during the next 5 years. Staff recommends the City Commission
approve the recommended rate schedule. On November 13, 1997, the FRC (Fiscal Review
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next 4 years.
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In response to a question, Solid Waste Director Bob Brumback said either adopting
the FRC recommendation or increasing the rate by 10.733% the first year and 3 % in the
out years would work. It was noted the City's Solid Waste department is top-rated. It
was felt a 10.73% increase was too large and a lower increase was recommended.
Finance Director Margie Simmons said too low of an increase would not provide the Solid
Waste Department with an adequate cash flow. She said the multi-year increases of 6.1 %
would better serve future needs. Concern was expressed the increase not be too
substantial as staff will be recommending water and sewer increases in the Spring. It was
noted over 4 years, the increase will average $2.64 per residential property.
In response to a question, Robert Lockridge, of Burton and Associates, said the
department will use cash to purchase replacement barrels, dumpsters, and $155,000 for
the utility billing system. It was noted software cannot be obtained through
lease/purchase. In response to a question, Ms. Simmons reported the City Commission
policy has been for the Solid Waste Department to transfer 4.5% to the General Fund.
The City Manager said next fiscal year staff will review all revenue sources.
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In response to a question, Ms. Simmons said the amount of the increase is due to
delays in implementing higher rates. Since last February, the utility billing system and
dumpster screening program were added. Mr. Lockridge said projected revenues were
lower than anticipated. Ms. Simmons predicted the Solid Waste Department will have a
$900,000 deficit without the rate increase.
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In response to a question, it was stated approval of this rate increase does not
approve the dumpster screening program. Mr. Simmons said the City received a bid of
approximately $400,000 to correct the year 2000 problem. She said due to current
problems with the system, staff could not justify spending a lot of money and not end up
with a good system. A system is estimated to cost $1 .5-million, which includes
implementation, training, software, hardware, etc. The current 7-year old system is not
conducive to providing good customer service. Additional information regarding the
proposed billiflg system was requested.
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Ms. Simmons said the longer the rate increase is prolonged the larger the increase
will be. It was suggested the rate increase be delayed until after the management reviews
are completed. The City Manager recommended against delaying the increase. He said
the management reviews cannot guarantee savings although efficiencies should result. He
noted the utility system provides many different services. It was recommended the rate
increase be approved for one year only to allow later review. It was suggested
management needs to have a long range plan. It was noted staff will report to the City
Commission if they find an approved rate increase is not necessary. It was felt the City
Commission should not have to review rate increases annually. It was suggested level
increases are a preferable alternative.
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Commissioner Johnson moved to increase Solid Waste rates, and establish a series
of four 6.1% increases to the residential and commercial collection rates and that the
appropriate officials be authorized to execute same. The motion was duly seconded.
Commissioners Johnson, Clark, Hooper, and Mayor Garvey voted "Aye": Commissioner
See I voted "'Nay." Motion carried.
The City Attorney presented Ordinance #6215~97 for first reading and read it by
title only. Commissioner Johnson moved to pass Ordinance #6215~97 on first reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper and Garvey.
"Nays": Seel.
Motion carried.
ITEM #26 - Aoorove additional in-kind contribution of $544 to "Saturday in the City",
bringing total in-kind contributions to $1 ,708 (eM)
On October 16, 1997, the City Commission confirmed co-sponsorship of certain
special events, including an in-kind contribution of $1,1 64 to Saturday in the City for trash
removar and a sound system as required. An additional in-kind contribution of $544 has
been identified to provide a portable restroom. On November 17, 1997, the CRA
r~ (Community Redevelopment Agency) approved a $3,292 cash contribution to Saturday in
.~~~ the City. The overall contribution from the City and CRA equals $5.000.
Commissioner Clark moved to approve additional in-kind contribution of $544 to
"Saturday in the City," increasing total in-kind contributions to $1 .708 and that the
appropriate officials be authorized to execute same. The motion was duly seconded and
carried unanimously.
ITEM #27 - Aoorove funding criteria for award of sponsorships and charitable contributions
and establish funding for same in the amount $50,000 (eM)
The FY 1997/98 operating budget includes $105,420 in cash contributions: 1)
$34.720 - Fun 'N Sun Festival; 2) $10,000 - 4th of July Festival; 3) $25,000 - Jazz
Holiday; 4) $15,000 - Florida Orchestra: 5) $500 - Partners in Self Sufficiency; 6) $5,500 -
Advisory Board Dinner: 7) $1,200 - Sister City Program: 8) $300 - Florida League of Cities:
9) $500 - Delegation Luncheon; 10) $2,000 - Phil/ies Dinner: 11) $700 - Paint Your Heart
Out; and 12) $10,000 - Miscellaneous. New or additional requests for the FY 1997/98
, budget year include: 1) Florida Orchestra: 2) Chamber Orchestra: 3) Olympic Sailing Team:
4) Dunedin Arts; 5) Littlest Jazz Band; 6) Bombers; 7) Greenwood Panthers; 8) Saturday in
the City; and 9) Greenwood Apartments Free Clinic.
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Funding of $40,000 will be provided from the $1-million of "'vision" funding and
$10,000 of miscellaneous funding, for a total of $50,000 for other sponsorships and
charitable contributions. Staff recommends the City Commission allocate these funds in
mcc11 b91
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11/20/97
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""' ..'anuary for the projects requesting additional dollars. In December, staff can send a
J notice to those who have applied and request additional information.
To critique and award funding, criteria are suggested: 1) benefit to City ~ (8 - 1 0) ~
entire community, (5 ~ 7) ~ sector of community, or (1-4) - specific neighborhood; 2)
requested program - (8 ~ 10) - needs funding for 1 ~year and will self-support upon
completion, (4 ~ 7) ~ expands service to Clearwater; or (1 ~3) ~ currently serves Clearwater;
3) organization's proven successes - (8 - 10) - strong history of successful programs, (4 -
7) ~ limited history of successful programs, or ('-3) ~ new program or organization; and 4)
resulting economic development - (8 ~ 1 0) ~ significant spin off, (4 - 7) ~ catalyst. or (1-3) ~
program brings people together.
In response to a question, Deputy City Manager Kathy Rice said the City
Commission would determine how the funds would be awarded. It was suggested tnH
funding support new programs. In response to a question, Ms. Rice said funding for
Military Appreciation Day will be considered during next year's budgot review. She noted
the City already donates $100,000 annually to charitable services and distributes CDBG
(Community Development Block Grant) funding. In response to a question, she said the
City had approved funding for the Florida Orchestra but the organization had come back
requesting another $16,000. Ms. Rice recommended being careful to not build up
expectations among organizations regarding these funds. It was felt many organizations
could qualify for these funds, not just those who had requested additional funds.
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The City Manager said staff can develop a process to advise qualified organizations
regarding the distribution of these funds, including criteria. prioritization, etc.
Commissioner Johnson moved to continue Item #27 to a date uncertain. The
motion was duly seconded and carried unanimously.
ITEM #2B - Other PendinQ Matter~ ~ None.
CJTY ATTORNEY REPORTS
ITEM #29 - Res. #97-64 ~ Relating to the Money Purchase Pension Plan; approving the
declaration of trust of the ICMA Retirement Trust; authorizing the City to serve as trustee
under the plan and to invest funds in the leMA Retirement Trust; designating a certain
official as coordinator for the Money Purchase Pension Plan; authorizing execution of
administrative agreements by the City Manager
The City Attorney presented Resolution #97-64 and read it by title only.
Commissioner Hooper moved to pass and adopt Resolution #97-64 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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11120/97
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ITEM #30 - First Reading - (Cont'd from 11/06/97) Ord. #6205-97 - referendum ordinance
ra amending City Charter Sec. 2.01(d)(4)(v) to delete referendum requirement for lease of
City property with recreation lopen space land use designation
The City Attorney distributed a list of City properties on leasehold and
comprehensive land use plan from 1979 to 1996. She indicated properties affected by the
referendum leasing restriction include: 1) Carpenter Field; 2) Clearwater Golf Course by the
Airpark; 3) Glen Oaks Golf Course; 4) Clearwater Country Club; 5) Jack Russell Stadium;
6) Head Start at 701 N. Missouri Avenue; 6a) vacant; 7) 400 Pierce Avenue; 8) 301
Seminole Street; and 9) South Beach Pavilion.
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The City Attorney presented Ordinance #6205-97 for first reading and read it by
title only. In response to a question, she said the Charter currently states the City cannot
sell, lease, or convey any City-owned property designated as Recreation/Open Space at
any time since 1979. Changing the date to November 1989, would eliminate reference to:
1) 400 Pierce Avenue and 2) 301 Seminole Street. Other sections in the Charter limit the
sale of certain City-owned properties such as the bluff. The proposed change will permit
the renewal of long-standing leases.
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Commissioner Clark moved to pass Ordinance #6205-97 on first reading. The
motion was duly seconded.
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John Doran expressed concern the City not lease beach property for a hotel for 30
years. The City Attorney said the entire beach is zoned Recreation/Open Space. It was
suggested language in the referendum limit the change to current long-standing leases. It
was questioned if the City can grandfather current leases only. The City Attorney said the
change will limit leases to existing properties, not people. In response to a question, the
City Attorney said the referendum would limit the City's ability to lease a City-owned
concession stand but a license agreement, appropriate for short term leases, could be
arranged. She suggested the subject properties could be listed for clarity. She also
suggested all City-owned parcels zoned Recreation/Open Space be reviewed. In response
to a question, she said the City could not lease a parking garage built on a current beach
City-owned parking lot without a referendum.
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The City Manager expressed concern government by referendum has a negative
bearing on the local marketplace. He said the market will not wait for the slow
referendum process. In response to a question, she said the change would allow a
refreshment stand to be built on City-owned beach-front property but not a hotel. Concern
was expressed a tower, similar to one proposed previously, ever could be built on City-
owned property on Clearwater beach. It was suggested the decision be delayed and the
issue be considered during a future referendum.
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In response to a question, the City Attorney said leases expire on similarly zoned
properties soon: 1) Glen Oaks Golf Courso - April 1999 and 2) Clearwater Country Club.
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Concern was expressed the Clearwater Country Club is unwilling to spend $150,000 to
improve the club house without assurances their lease will be renewed. In response to
concerns, the City Manager said if it is necessary, a Special Meeting could be scheduled to
meet the requirements for a second reading.
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Sheila Cole suggested the language specifically identify all City-owned
Recreation/Open Space on Clearwater beach as restricted from future leases without
referendum. The City Attorney said exceptions could be made for current properties which
are leased. The properties could be identified by legal description. She reiterated the bluff
is a separate issue. The City Manager suggested staff again review the proposed
ordinance as it could have substantial impacts. Concern was expressed regarding
difficulties imposed on organizations leasing properties affected by these restrictions.
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Commissioner Clark withdrew his motion. The seconder concurred.
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Item #30 was withdrawn. Issue to be discussed further at the December 1. 1997,
Work Session.
ITEM #31 - Other City Attorney Items - None.
ITEM #32 - City Mansaer Verbal Revorts
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a) Report ra Ft. Lauderdale trip
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The City Manager reported staff and City Commission members traveled to Ft.
Lauderdale on November 7, 1997, to observe that city's redevelopment of their beach and
downtown. Between 10 and 1 5 years ago, the Ft. Lauderdale community committed to
the development of a high quality resort community and identified the need to bond certain
projects. The long-term plan focused on ridding the city of its Spring Break image. He
suggested Clearwater is where Ft. Lauderdale was 15 years ago. He recommended
reviewing other cities' successful redevelopment efforts. He noted the importance of
identifying a direction and involving local residents and developers in the process. He said
redeveloping downtown and the beach will require long term efforts and community
support. He said a similar trip will be made in December to West Palm Beach. The City
Manager was convinced the City can be successful with its efforts.
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Assistant City Manager Bob Keller noted lessons the City can learn from the
experiences of other municipalities. A clear vision is required. Bonds issued in Ft.
Lauderdale were used to improve every part of the city. He said catalytic investment of
key infrastructure can leverage other development. In Ft. Lauderdale, traffic flow was
improved on the beach while virtually all beach parking was moved with metered parking
now 2 blocks from the beach. The city's strategy included regulatory relief. Much of the
city's funding was used to leverage other investment. Development must be market
driven.
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Downtown Ft. Lauderdale's dramatic changes have been a success story. A
museum and art center wero built with bonds approved individually by the residents. It
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was noted the sidewalk cafes are attractive and draw people. It was suggested the City
consider expanding the areas where sidewalk cafes are allowed before the Land
Development Code is finalized. The staff of the City of Ft. Lauderdale were thanked for
their hospitality.
ITEM #33 - Other Commission Action
0) City Attorney compensation
Commissioner Clark moved to approve for City Attorney compensation a 2 % salary
increase plus $4,800 annual car allowance, 15% deferred compensation, and an annual
leave of 35 days with a SO-day cap. The motion was duly seconded and carried
unanimously.
The City Attorney will prepare an amended contract for the Mayor's signature.
Commissioner Clark appreciated the perceptive suggestions and questions asked
him by Oak Grove Middle School students during the Great American Teach-In. He
thanked Mr. Tindle's 6th grade class for the opportunity.
Commissioner Clark questioned if the January 12, 1998, Work Session is scheduled
to start at 1 :00 p.m. Staff will advise. It was noted the Greater Clearwater Chamber of
Commerce's annual meeting is scheduled that day.
C~ Commissioner Hoooer said the mural project along the Pinellas Trail is progressing
". slowly. He suggested approving a mural for the former vice building. A new appraisal for
the building has been ordered. Consensus was to allow a mural to be painted on the City-
owned building as long as an exemption is made to the 5-year requirement to maintain the
mural.
Commissioner Johnson requested input regarding the Handbook on City Solutions.
The City Manager said staff is identifying visible locations where improvements can be
made.
Commissioner Johnson congratulated Clearwater paramedics for winning the Turner
Award.
Commissioner Johnson thanked staff for working with the Clearwater Free Clinic
regarding the impact fee ordinance.
Commissioner Johnson requested staff present information regarding TBRPC
(Tampa Bay Regional Planning Council) proposals for economic development.
Commissioner Seel expressed concern the Pinellas Trail's Grand Opening is days
away yet the Ice House remains in disrepair. The building's owner has promised to paint it
before the grand opening.
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mcc11 b97
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11/20/97
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~ Commissioner Seel reported the County~w;de traffic timing project is underway. A
) summary of the last MPO meeting addressing this and other issues has been forwarded to
the City Manager.
Mavor Garvey has been asked to submit to the Great Floridians' Program the name
of a resident who has made a significant contribution to the community. She challenged
Commissioners to propose suggestions.
Mavor Garve'll requested clarification of a recent letter from Congressman Bill
Young. The City Manager indicated the Federal government now provides tighter
interpretations regarding the Private Property Implementation Act when a use is changed.
Mavor Garvev reported the Tampa Bay Partnership has produced a video
encouraging the development of a high-tech corridor along 1-4 from Tampa Bay to the
Atlantic Ocean. The annual report is available in the City Manager's Office.
Mavor Garvev invited people to attend the Farmer's Market on Saturday mornings
at Station Square Park.
Commissioner JohnsQn saidC'ommissioner Clark's participation in the Great
American Teach-In was inspirational.
ITEM #34 - Adjournment
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The meeting adjourned at 9:52 p.m.
ATTEST: :
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