01/09/1997 (2)
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City Commission Minutes
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Aft ACTION AGENDA - CLEARWATER CITY COMMISSION MEETING
Thursday, January 9, 1997 - 6:00 P.M. - County Chambers
1. Invocation
2. Pledge of Allegiance
3. Service Awards
4. Introductions and Awards
5. Presentations:
a) Bordner Report
6. Approval of Minutes - Regular Meeting
12/5/96
7. Citizens to be heard re items not on the Agenda
1. Rev. William Anderson, Calvary Baptist
Church.
2. Mayor.
3. None.
4. Proclamations:
Miniature Arts Month - 1/97
100th Anniversary - Belleview Mido
5. a) Report received.
Turkey Trot Awards:
Winner logo competition - Steve Palladian
Stuffed Turkey (largest % of departmental
employees participating) and Iron Turkey
(most miles) awarded to Engineering. 55,000
check presented to Youth Track Team.
6. Approved as submitted.
Jay Keyes. Anne Garris, Gerrv_Huskins & John Doran requested a staffed Welcome Center on
Clearwater Beach for this tourist season.
S.
9.
PUBLIC HEARINGS
Public Hearing & First Reading Ords. #6112-
97 & #6113-97 - Annexation & IL Zoning for
property located at 2121 Calumet St.,
Clearwater Industrial Park, part of Lot 17
together with abutting r-o-w of Calumet St.
(Buettner & Kinkead, A96-28)
Public Hearing & First Reading Ords. #6114-
97 & #6115-97 - Annexation & IL Zoning for
property located at 1310 N. Hercules Ave. &
1965, 1979 & 1985 Carroll St., Hercules
Industrial Park, Lots 33-35, 37-39 and part of
Tract A Replat of Blks 1-19, Marymont Sub.,
with abutting vacated r-o-w of Overlea St.
(Walker / Word / Metal Industries, Inc., A96-
29)
8. Approved. Ords. #6112-97 & #6113-97
passed 1st reading.
9. Approved. Ords. #6114-97 & #6115-97
passed 1st reading.
Public Hearing - Second Reading Ordinances
10. Ord. #6106-96 - Amending Sec. 35.11 & 10. Ord. #6106-96 adopted.
various sections in Ch 40 to define Public
Education Facilities (PEF) and to allow PEF as
a permitted use in certain districts
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CITY MANAGER REPORTS
CONSENT AGENDA (items #11-29) - Approved as submitted less 1st entry under #22.
The following items require no formal public hearing and are subject to being approved in a single
motion. However, any City Commissioner or the City Manager may remove an item from the Consent
Agenda to allow discussion and voting on the item individually.
11. Contract to purchase a vacant parcel, south '/I of Lot 31, Palm Park (Addn to Clearwater) in the
amount of up to $35,000 from Ramon Curtis, etal plus expenses for a total of $38,975 (ED)
12. Contract to purchase real estate located at Woodlawn Street, Harvey Park, Blk B, Lots 1 - 12, in
the amount of $80,000 from Robert A. Binder, etal plus expenses for a total of $83,865 (ED)
13. Acquisition of real estate for future economic development located at 1006, 1008 and 1010
Garden Avenue, J.J. Eldridge Sub, Blk C, part of Lots 27-29, from AmSouth Bank and payments
of assessments and back taxes for a total of $1,062.73 (ED)
14. Agreement with Anthem Life Insurance Company; accept $444,449 refund plus interest from
Anthem Health / Gulf Life Policy #5437 and deposit such funds in Premium Stabilization account
in the Self Insurance Fund (FN)
15. Approve $163,075.27 payment for wage loss benefits (including principal, penalties & interest)
to Thomas Pearson for the period 7/14/89-3124/96 (FN)
16. Authorize City staff to refuse settlement offer of $36,888 from International Surplus Lines
Insurance Company for a complete release of any reimbursements due the City under policy #GP-
57192, for workers' compensation benefits paid or to be paid hereafter to Charles Kimball (FN)
7. Approve $23,000 payment to William Yanger, Jr., Attorney, for fee for all workers'
compensation benefits he obtained for his client, Charles Kimball (FN)
18. Ratify and confirm contract for managed care services for City employees suffering job-
connected injuries covered by workers' compensation as needed by the City to CorVel Corp., for
an amount now est. to be less than $25,000 annually (FN)
19. Lease Agreement with Thomas C. & Patricia A, Wolkowsky d/b/a Marina Restaurant, for the
period 1 /9/97-1 /8/2002, plus 10% of yearly gross sales exceeding $200,000 with an additional
5 year option, with 5% increase in 2002 (MR)
20. Agreement with Countryside Little League, Inc. allowing the League to construct an equipment
storage, umpire and batting machine building at Countryside Community Park (PR)
21. C.0,##1 to Stevenson's Creek Channel Improvements Phase 2 Contract to Kamminga and
Roodvoets, Inc., Tampa, FL, increasing the amount by $84,040.83 for new total of
$3,864,650.83; and approve time extension of 10 days (EN)
22. QpPrtyal of Purchase pr 1213012Qm!a[norandUm (Not separate agenda items);
Maintenance of Xerox 5090 high speed copier to Xerox Corp., 2/l/97-1/31/98, est. $37,032.48
(IM) - PULLED
--, Network equipment & software from BCD Computer Distributors, Inc., for $72,579; desktop
computers & related components from Dell Computer Corp., for $13,774; lease purchased under
City's Master Lease Purchase Agreement in the amount $65,623 (Dell - $13,774 and BCD
$51,849), balance of $20,730 paid in cash (IM)
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C.O.#1 to Agreement with Pinellas County to relocate natural gas mains during improvements to
. Drew Street, between Hercules Ave, & US19, increasing est. labor cost caused by Pinellas
County's re-bid of, the 3 year old project, by $16,265.70, for new est. total $103,265.70 (GAS)
Two 1997 Ford Crown Victoria Police Interceptor automobiles from Duval Ford, for $42,830 (PD)
House Service Relocation for Water Main Contract - Phase 14 to McGill Plumbing, for est.
$264,1155 (EN)
Tennis court lighting for the McMullen Park Tennis Complex to M. Gay Constructors, Inc., for
$64,850 (PR)
1997 Street Resurfacing to Golden Triangle Asphalt Paving Company, for est. $1,091,143 (EN)
Extension for Residential Gas Meter Change Out Program throughout Pinellas County service
area, to West Coast Plumbing, Inc„ 1122197-1121198, est. $48,400 (GAS)
23. Authorization to negotiate with Demetre Loulourgas to prepare a development agreement for
Marymont Replat, part of Tracts A & B (CM)
24. Interlocal Agreement with Pinellas County School Board for Public Educational Facility Siting in
Pinellas County (CA)
25. Public Access Easement - on Sand Key (Dan's Island 1600 Condominium Association) (CA)
26. Sanitary Sewer Easement - Clearwater Industrial Park, part of Lot 6 (Morgan Tire and Auto, Inc.
dlbla Don Olson Tire & Auto Centers) (CA)
27. Sanitary Sewer Easement - Clearwater Industrial Park, part of Lot 7 (Morgan Tire and Auto, Inc.
dlbla Don Olson Tire & Auto Centers) (CA)
28. Sanitary Sewer Easement - Clearwater Industrial Park, part of Lot 7 (Patricia B. Morgan, as
Trustee of the Morgan Land Trust I dated 111192) (CA)
29. Deny request of Port Richey to defend it in a lawsuit styled A & L Underground, Inc. v. City of
Port Richey (CA)
OTHER ITEMS ON CITY MANAGER REPORT
30. Res. #97-01 - naming city property located at
1551 Gulf Blvd. as "Bay Park on Sand Key"
(PR)
31. First Reading Ord. #6109-97 - adopting 1992
Edition of the Fire Prevention Code of the
National Fire Protection Association, NFPA-1
(FD)
32. Res. #97-05 - authorizing certain Clearwater
Gas System officials to sign applications for
FDOT permits (GAS)
33. First Reading Ord. # 6122-97 - Amending
Sec. 22.24 to extend City Manager's powers
to regulate the time, place and manner in
which park property is used by the public;
amending Sec. 22.40 to restrict areas where
dogs and other pets will be permitted (PR)
34. First Reading Ord. #6117-97 -providing a rate
structure to operate in the roll off business in
competition with private companies and
approves the FY 1996197 investment of
J 119197
30. Approved. Res. #97-01 adopted.
31, Approved. Ord. #6109-97 passed 1 st
reading.
32. Approved. Res, #97-05 adopted.
33. Approved. Ord. #6122-97 passed 1st
reading.
34. Approved. Ord. #6117-97 passed 1st
reading.
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approximately $235,400 in additional
containers and compactors to support
enterprise (SW)
35. First Reading Ord. #6118-97 - Creating Secs.
22.88-22.91 to provide for alcoholic
beverage special event permits and to provide
a permitting procedure for issuance of such
permits upon certain conditions; amending
Secs. 6.31 & 22.59 to exempt such
permitted sales-and consumption from certain
prohibitions (TR)
36. US19 Design Study - SR60 to Enterprise
Road
37. Other Pending Matters
35. Approved. Ord. #6118-97 passed 1st
reading.
36. Reviewed, letter to be written to MPO
expressing desire to maintain as much access
as possible to SR60, Drew St. and other
east/west thoroughfares; concerns re
Enterprise/19 type intersection and south
bound access from Countryside Blvd. also to
be expressed.
37. None.
CITY ATTORNEY REPORTS
38. Resolutions
a) Res. #97-02 - Demolition Lien
1006 N. Greenwood Ave.,
I. A. Mason's Sub.
(Adult Comprehensive Protection Services)
b) dies. #97-03 - Demolition Lien
1359 S. Ft. Harrison Ave., Belleair Sub.,
Blk 15, Lots 10 & 11 (Ceraolo)
c) Res. #97-04 - Assessing property owners
the costs of having mowed or cleared owners' lots
39. Other City Attorney Items
40. City Manager Verbal Reports
a) Pulled.
b) Res. #97-03 adopted.
c) Res. #97-04 adopted.
Approved First Amendment to
Concession Management Agreement for
the City of Clearwater Harborview
Center with Boston Concessions Group,
Inc.
City Manager announced 1125197 N. Greenwood Community Strategy Meeting; 1/13/97 Special
Commission Meeting to chose City Manager search firm; 1114197, 9:00 a.m. Alcoholic Beverage
Appeal & 11:00 a.m. closed attorney/client session.
Distributed lunch Invitation from Harborview Center for noon on 1113197.
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119197 4
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She thanked Pinellas County staff for their assistance in holding City Commission meetings in the
County Assembly Room.
41. Other Commisslon Action
52-cd announced PPC is going to start looking at the Annexation Issue. Reported discussion at
Mayors' Council included possible state action re franchise fees, overview of what the County is
doing re Penny for Pinellas, and a tower siting seminar. She questioned if there could be one
community events calendar.
j:. Jghnson questioned what action to take re letter from Library Board requesting removal of a
member. Hooper indicated he had a motion prepared.
,Johnson stated something needs to be done re Welcome Center on the beach. The City
Manager reported the Beach Chamber is providing information and city staff in the Civic Center
direct people to them.
Hooper moved to remove Mr. Waddel from the Library Board. Motion carried.
HgopcL thanked Mayor Garvey & Bill Held, Harbormaster, for their response to Captain Alvin
Stacey.
Clark requested update on transition to new Police Department. The City Manager reported
things are going smoothly. Questioned if Commission consensus had been to pursue the parking
garage at Pelican Walk. Will be discussed next worksession,
Garvey requested signs on PSTA buses not be pursued; announced next worksession, 1121197,
will be at Countryside Recreation Center and 1123197 Commission Meeting in County Assembly
Room; Saturday. Farmer's Maket, 8:00 a.m. to 1:00 p.m.
42. Adjournment - 9:26 p.m.
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119197
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?r+ CITY COMMISSION MEETING
CITY OF CLEARWATER
January 9, 1997
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/Commissioner
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 the Pinellas County
Commission Assembly Room, Courthouse. The invocation was offered by Reverend Bill
Anderson of Calvary Baptist Church. The Mayor led the Pledge of Allegiance.
To provide continuity for research, items are in agenda order although not necessarily
discussed In that order.
ITEM #3 - Service Awards - None.
Proclamations: Miniature Arts Month - January 1997
100th Year Celebration - Belleview Mido Hotel - 1997
1996 Turkey Trot Awards
Steve Palladian from Curlew Creek Elementary won the logo competition. The
Engineering Department was presented the "Stuffed Turkey Award" for the largest
percentage of departmental employee participation and the "Iron Turkey Award" for the
most miles run. Skip Rogers and Bob Henderson thanked the City for its support and
presented a $5,000 check to the Youth Track Team.
a? Bordner Report
Diane Bordner reviewed the Business Research Report. She explained the survey
was designed to identify business owner perceptions and to determine ways to improve
mcc01 a.97 1 01/09/97
.,Wy services. Focus groups of community business leaders and business owners in the City
1 were held. Separate quantitative surveys were given to those who owned new businesses
and those who owned established businesses in the City.
Dr. Bordner said, according to research, businesses locate in Clearwater primarily
because it is a nice place to live. Regarding economic development, most business owners
do not think the City is proactive. They feel Clearwater lags behind other local cities and
lacks a pro-business leadership. Concerns were expressed regarding fighting among
factions. They recommended the City participate in regional economic development, be
more business friendly, renovate downtown and Clearwater beach, and modify rules and
regulations to be less restrictive.
Dr. Bordner reviewed perceptions of City staff, The survey indicated people want
staff to be more customer friendly, less driven by rules and regulations, better educated
regarding City code, and more courteous and respectful. She said business owners agree
codes and regulations are necessary but expressed frustration that the rationale behind
restrictions is not always apparent.
Dr. Bordner reported 70% of new business owners surveyed entered the process of
opening a business in the City without full knowledge of what to expect. Many felt City
processes are slow and cumbersome and burdened by too many rules and regulations.
They indicated compliance is often costly in time and money and felt staff does not
appreciate how costly delays can be. Concern was expressed regarding occasions when
staff, interpretation of code changed during the process or was inconsistent among staff
members. She noted a perception that no one seems to be in charge of the process.
Dr. Bordner stated these problems are not unique to Clearwater. She reported 69%
of new business owners surveyed were satisfied with City services. One-third of survey
participants indicated they would not remain in the City if they expand their businesses.
She recommended the City: 1) instill customer service orientation in employees; 2) review
all City codes, rules, and regulations; 3) streamline the permitting process; 4) instruct each
department to review procedures relating to businesses; and 5) provide a mechanism to
foster open and direct communication between City leaders and businesses.
The City Manager expressed concern the survey results were not more positive.
She felt some reported perceptions were based on previous practices before recent
streamlining was instituted. The report provides the City a baseline to rate improvements.
Consensus was to conduct a follow-up survey in 1999.
Commissioner Hooper moved to approve the minutes of the regular meeting of
December 5, 1996, as recorded and submitted in written summation by the City Clerk to
each Commissioner. The motion was duly seconded and carried unanimously.
mcc01 a.97 2 01/09/97
ITEM #7 - Citizens to be heard re items not-on-the-Aaenda
Jay Keyes, President of the Clearwater Beach Association; Anne Garris, Gerry
Huskins & John Doran requested a staffed Welcome Center on Clearwater beach as soon
as possible.
.DIEM #8 - Public Hearing & First Reading Qrda, #6112,-27B1 #fz1_13-2.7 - Annexation & IL
Zoning for property located at 2121 Calumet St., Clearwater Industrial Park, part of Lot 17
together with abutting r-o-w of Calumet St. (Buettner & Kinkead, A96-28)
The applicant has requested annexation and zoning of Limited Industrial (IL) for
2121 Calumet Street to obtain sewer service. On December 17, 1996, the Planning &
Zoning Board unanimously endorsed the request.
Commissioner Clark moved to approve the Petition for Annexation and Zoning Atlas
Amendment to Limited Industrial (IL) for Clearwater Industrial Park, part of Lot 17, together
with the abutting right-of-way of Calumet Street and that the appropriate officials be
authorized to execute same. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #6112-97 for first reading and read it by
title only. Commissioner Hooper moved to pass Ordinance #6112-97 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 #6113-97 for first reading and read it by
title only. Commissioner Johnson moved to pass Ordinance #6113-97 on first reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel and Garvey.
"Nays": None.
ITFM #9 - Public Hearina & First Readina Ords. #6114-97 "S•r_116-97 - Annexation & IL
Zoning for property located at 1310 N. Hercules Ave. & 1965, 1979 & 1985 Carroll St.,
Hercules Industrial Park, Lots 33-35, 37-39 and part of Tract A Replat of Blks 1-19,
Marymont Sub., with abutting vacated r-o-w of Overlea St. (Walker 1 Word 1 Metal
Industries, Inc., A96-29)
The applicant has requested annexation and zoning of Limited Industrial (IL) for
1310 N. Hercules Avenue and 1965, 1979, & 1985 Carroll Street to obtain sewer service.
On December 17, 1996, the Planning & Zoning Board unanimously endorsed the request.
Harold Loy, representative, requested the property be annexed.
mcc01 a.97 3 01/09/97
Commissioner Hooper moved to approve the Petition for Annexation and Zoning Atlas
?"? Amendment to Limited Industrial (IL) for Lots 33-35 and 37-39 Hercules Industrial Park, and the
East 500 feet of the North 306 feet of Tract A Replat of Blocks 1-19, Marymont Subdivision,
together with the abutting vacated right-of-way of Overlea Street and that the appropriate
officials be authorized to execute same. The motion was duly seconded and carried
unanimously.
The City Attorney presented Ordinance #6114-97 for first reading and read it by title
only. Commissioner Seel moved to pass Ordinance #6114-97 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 #6115-97 for first reading and read it by title
only. Commissioner Hooper moved to pass Ordinance #6115-97 on first reading. The motion
was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel and Garvey.
"Nays": None.
Public Hearing - Second Reading Ordinances
ITEM #10 - Ord. #6106-96 - Amending Sec. 35.11 & various sections in Ch 40 to define Public
Education Facilities (PEF) and to allow PEF as a permitted use in certain districts
The City Attorney presented Ordinance #6106-96 for second reading and read it by title
only. Commissioner Hooper moved to pass and adopt Ordinance #6106-96 on second and
final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel and Garvey.
"Nays": None,
CITY MANAGER REPORTS
CONSENT AGENDA (Items #11-29) - Approved as less first entry under #22.
ITEM #11 - Contract to purchase a vacant parcel, south'/2 of Lot 31, Palm Park (Addition to
Clearwater) in the amount of up to $35,000 from Ramon Curtis, et al plus expenses for a total
of $38,975 (ED)
ITEM #12 - Contract to purchase real estate located at Woodlawn Street, Harvey Park, Blk B,
Lots 1 -12, in the amount of $80,000 from Robert A. Binder, et al plus expenses for a total of
$83,865 (ED)
mcc01 a.97 4 01109/97
ITEM # 13 - Ar
flsl.isitiaoo_freal estat?f r fl,ltura econg,m,lg•.deyejQlSmPnt located at 1006,
1008 and 1010 Garden Avenue, J.J. Eldridge Sub, Blk C, part of Lots 27-29, from
AmSouth Bank and payments of assessments and back taxes for a total of $1,062.73 (ED)
; accept $444,449 refund
plus interest from Anthem Health 1 Gulf Life Policy #5437 and deposit such funds in
Premium Stabilization account in the Self Insurance Fund WN)
ITEM #15 - Approve $1 Qa,075.27 ayment,fgr wage loss benefits (including principal,
penalties & interest) to Thomas Pearson for the period 07/14/89 -03/24/96 (FN)
ITEM #16 - Authorize-City-staff to_refsI,IQ_settlement offer of $36,888 from International
Surplus Lines Insurance Company for a complete release of any reimbursements due the
City under policy #GP-57192, for workers' compensation benefits paid or to be paid
hereafter to Charles Kimball (FN)
Attorney, for fee for all
workers' compensation benefits he obtained for his client, Charles Kimball (FN)
ITEM # -8 - Ratify- and Conform cQ01ract forl-managed care servicpg for City employees
suffering job-connected injuries covered by workers' compensation as needed by the City
to CorVel Corp., for an amount now estimated to be less than $25,000 annually (FN)
ITEM #19 --Lease- Agreement with Thomas C. & Patricia A. Wolkowsky d/b/a Marina
Restaurant, for the period 01/09/97 -01108102, plus 10% of yearly gross sales exceeding
$200,000 with an additional 5 year option, with 5% increase in 2002 (MR)
1.IEM #2Q - Agruumeat with-Countryside Littlo Leagse, Inc. allowing the League to
construct an equipment storage, umpire and batting machine building at Countryside
Community Park (PR)
ITEM #23 - C.0.#1 _to Stevenson's Creek Channel I p[qy .mAnt. bau _ Contract to
Kamminga and Roodvoets, Inc., Tampa, FL, increasing the amount by $84,040.83 for new
total of $3,864,650.83; and approve time extension of 10 days (EN)
ITEM #22 - ApprQval of Purchases per 12/30196 meMgrancJu[D. (Not separate agenda
items):
Maintenance of Xerox 5090 high speed copier to Xerox Corp., 02/01/97 -01131198,
estimated $37,032.48 (IM) - PULLED
Network equipment & software from BCD Computer Distributors, Inc.; for $72,579;
desktop computers & related components from Dell Computer Corp., for $13,774; lease
purchased under City's Master Lease Purchase Agreement in the amount $65,623 (Dell
$13,774 and BCD $51,849), balance of $20,730 paid in cash (IM)
J mcc01 a.97 5 01/09/97
C.O.#1 to Agreement with Pinellas County to relocate natural gas mains during
Improvements to Drew Street, between Hercules Ave. & US 19N, increasing estimated
labor cost caused by Pinellas County's re-bid of the 3 year old project, by $16,265.70, for
new estimated total $103,265.70 (GAS)
Two 1997 Ford Crown Victoria Police Interceptor automobiles from Duval Ford, for
$42,830 (PD)
House Service Relocation for Water Main Contract - Phase 14 to McGill Plumbing, for
estimated $264,1155 (EN)
Tennis court lighting for the McMullen Park Tennis Complex to M. Gay Constructors, Inc.,
for $64,850 (PR)
1997 Street Resurfacing to Golden Triangle Asphalt Paving Company, for estimated
$1,091,143 (EN)
Extension for Residential Gas Meter Change Out Program throughout Pinellas County
service area, to West Coast Plumbing, Inc., 01/22/97 -01121198, estimated $48,400 (GAS)
ITEM #23 - Authorization to negotiate with Demetre Loulou[gas to spare a development
agr_eementfor_Mar_ymont Re Ip at. part_af_Tracts A & B (CM)
ITEM #24 - Interlocal Agreement with Pinellas County School Board for Public Educational
Facility Siting in Pinellas County (CA)
on Sand Key (Dan's island 1600 Condominium
Association) (CA)
- Clearwater Industrial Park, part of Lot 6 (Morgan
Tire and Auto, Inc. dlbla Don Olson Tire & Auto Centers) (CA)
ITEM #27 - Sanitary Sewer Easement - Clearwater Industrial Park, part of Lot 7 (Morgan
Tire and Auto, Inc. dlbla Don Olson Tire & Auto Centers) (CA)
- Clearwater Industrial Park, part of Lot 7 (Patricia B.
Morgan, as Trustee of the Morgan Land Trust I dated 111192) (CA)
ITEM #29 - Deny request of Bort Richey to defend it in_a_lawsuit styled A & L Underground.
Inc. y. City _of_P_or_t_Richey (CA)
Commissioner Hooper moved to approve the Consent Agenda as submitted less first
entry under #22 (Xerox), which was pulled, and that the appropriate officials be authorized
to execute same. The motion was duly seconded and carried unanimously.
mcc01 a.97 6 01/09/97
t10)
OTHER ITEMS ON CITY MANAGER REPORT
ISM #30 - Res. #97-01 - naming City property located at 1551 Gulf Blvd, as "Bay Park on
Sand Key" MR)
.I
A contract recently was awarded to develop City owned property at 1551 Gulf
Boulevard as a park with two tennis courts, playground apparatus, pedestrian trail, and
parking facilities to support beach renourishment requirements, On August 15, 1996, the
City Commission denied approval of the SKCA (Sand Key Civic Association) recommended
name, "Pelican Bay Park" and referred it back to the Parks & Recreation Board. The SKCA
submitted a Proposal for Park Name, suggesting "Bay Park on Sand Key." On November
25, 1996, the Parks & Recreation Board approved the recommendation.
Commissioner Johnson moved to approve the Parks & Recreation Board
recommendation to name City property located at 1551 Gulf Boulevard "Bay Park on Sand
Key." The motion was duly seconded and carried unanimously.
The City Attorney presented Resolution #97- 01 and read it by title only.
Commissioner Johnson moved to pass and adopt Resolution #97-01 and authorize the
appropriate officials to' execute same. The motion was duly seconded and upon roll call,
the vote was:
"Ayes": Johnson, Clad;, Hooper, Seel and Garvey.
"Nays": None.
ITEM k'3l - First Reading Ord. #6109-97 - adopting 1992 Edition of the Fire Prevention
Code of the National Fire Protection Association, NFPA-1 (FD)
Florida Statue, Chapter 633, mandates the City adopt and enforce minimum fire
safety standards. The 1987 Edition of the NFPA-1 (National Fire Protection Association) is
current code. Staff reviewed the 1992 edition of the NFPA-1 to verify consistency with
City goals and objectives. Existing amendments in Section 17.33 of City Codes are
continued in this Ordinance. Language regarding Fire Lanes was modified for clarity.
Sections regarding fire sprinklers in existing buildings in the 1992 NFPA-1 were deleted to
conform with Pinellas County Construction Licensing Board actions. Approval will bring the
City into consistency with the Pinellas County Fire Authority which has adopted this Code,
thereby applying uniform fire safety standards throughout the Clearwater Fire District.
Commissioner Hooper moved to approve the 1992 Edition of the Fire Prevention
Code of the National Fire Protection Association, NFPA-1 with certain amendments. The
motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #6109-97 for first reading and read it by
title only. Commissioner Hooper moved to pass Ordinance #6109-97 on first reading. The
motion was duly seconded and upon roll call, the vote was:
mcc01 a.97 7
01/09/97
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"Ayes": Johnson, Clark, Hooper, Seel and Garvey.
"Nays": None.
ITEM #32 - RCS. #97-05 - authorizing certain Clearwater Gas System officials to sign
applications for FDOT permits (GAS)
Many CGS (Clearwater Gas System) projects in Pinellas and Pasco counties are in
FDOT (Florida Department of Transportation) rights-of-way requiring FDOT permitting.
Projects include gas main and service line installations, gas main relocation, road crossings,
etc. The approximately 75 FDOT permit applications prepared annually by CGS require
appropriate authorization on behalf of the City. This resolution and the associated FDOT
"Certificate of Incumbency and Authority" will allow appropriate CGS management
personnel to process FDOT permit applications on behalf of the City promptly.
Commissioner Clark moved to authorize the Clearwater Gas System Managing
Director, Manager of Gas Operations/Pinellas, and Manager of Gas Operations/Pasco to
sigh permit applications submitted to Florida Department of Transportation, and that the
appropriate officials be authorized to execute same. The motion.was duly seconded and
carried unanimously.
The City Attorney presented Resolution #97- 05 and read it by title only.
Commissioner Johnson moved to pass and adopt Resolution #97-05 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": Ndne.
- Amending Sec. 22.24 to extend City Manager's
powers to regulate the time, place and manner in which park property is used by the public;
amending Sec. 22.40 to restrict areas where dogs and other pets will be permitted (PR)
Currently, if a health, safety, or welfare problem exists in a park, signs addressing
the issue must be posted before Police Officers can take appropriate action. However, an
ordinance must specifically prohibit the problem before enforcement can occur. For
example, it might be prudent to prohibit dogs from Sand Key Bridge Park, a popular
sunbathing area but current code allows leashed dogs in City parks. Under this proposal,
the City Manager would have the flexibility to post appropriate signs that would have the
effect of law and could be enforced by Police Officers. The ordinance is not proposed to
increase signage but to regulate activities when health, safety, and welfare concerns exist.
Section 22.40 (4), relating to animals that provide assistance to disabled persons, is
amended to incorporate ADA (Americans with Disabilities Act) standards.
S
mcc01 a.97 8 01/09/97
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The City Manager said the ordinance allows the City Manager to outlaw certain
behaviors. Problems have been reported at the park adjacent to the new Clearwater Pass
Bridge, Although many use this area to sunbathe, it technically is a park and dogs on
leashes currently cannot be banned. It was indicated implementation is being considered
for that park and street ends adjacent to beaches on Clearwater beach. The City Attorney
indicated dogs are not allowed on City beaches. It was noted the proposed restrictions do
not apply to seeing eye dogs, etc, It was suggested the City could identify an area for
dogs.
Anne Garris supported the proposal if it will address problems of unleashed dogs
and owners that do not clean up after their pets.
Pat Page said everyone should not be punished because a few pet owners do not
take care of their animals.
Parks & Recreation Director Ream Wilson said the Police Department had contacted
him regarding this issue as they cannot enforce signs prohibiting dogs if the code allows
dogs' presence. The ordinance is intended to address all public health & welfare hazards
with enforceable solutions not just dogs. In response to a question, Mr. Wilson
recommended a warning be given those who do not comply with the signs. He will report
on proposed penalties and regulating re pets in the County's Sand Key Park. He said the
street ends are a problem because people allow their dogs to relieve themselves there.
It was stated the Bordner Study presented tonight reported on local concerns that
the City has too many regulations. It was felt public hearings should be held before dogs
can be banned from any City park.
Commissioner Hooper moved to approve extending the City Manager's powers to
regulate the time, place, and manner in which parks are used; and amending Section 22.40
of the Code of Ordinances to restrict the areas where dogs and other pets will be
permitted. The motion was duly seconded. Commissioner Hooper reserved his right to
change his mind at second hearing. Upon the vote being taken, the motion carried
unanimously.
The City Attorney presented Ordinance #6122-97 for first reading and read it by
title only., Commissioner Hooper moved to pass Ordinance #6122-97 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.
mcc01 a.97 9 01/09/97
r? ITEM #34 - First Reading Ord, #6117-97 -providing a rate structure to operate in the roll off
business in competition with private companies and approves the FY 1996197 Investment
of approximately $235,400 in additional containers and compactors to support enterprise
(SW)
The majority of the City Commission approved CSW (Clearwater Solid Waste
Department) providing roll-off service in Clearwater and unincorporated Pinellas County in
competition with private hauling companies. This ordinance provides a "level playing field."
CSW will charge a 15% surcharge as required of private hauling companies permitted to
provide roll-off services in Clearwater. Private hauling companies will apply to the City
Manager for roll-off permits.
Commissioner Johnson moved to approve a rate structure for the Solid Waste
Department to operate in the roll-off business in competition with private solid waste
companies which includes leasing, servicing compactors and open-top containers, and
approve the FY (fiscal year) 1996197 investment of approximately $235,400 in additional
containers and compactors to support the enterprise, and that the appropriate officials be
authorized to execute same. The motion was duly seconded.
Commissioner Johnson said his concerns were addressed during many visits to
CSW. He felt the department can compete successfully with private firms.
Commissioner Hooper felt equal footing now exists. He met with all interested
parties. None of the 6 companies providing roll-off service in Clearwater is within City
t limits. He decided to support the issue at today's FRC (Fiscal Review Committee) meeting.
He felt the City will benefit immensely. He agreed a price war may occur. He said the
City's biggest customer applauds the City's service even though the City's fee is $3 higher
than the competition. He indicated CSW had received a large and positive response to a
service quality questionnaire. He said the Budget Director had indicated residential rates
would increase if this proposal is not approved and that rates may not increase for almost
3 years if this proposal is instituted.
Commissioner Clark opposed the proposal for economic and philosophical reasons.
He said the plan is ambitious and places $4-million in taxpayer funds at risk. He said CSW
cannot meet their pro forma if a price war occurs. He noted CSW charges are high in
comparison with local municipalities. He indicated CSW must achieve their pro forma
projection to maintain current rates. He noted the customer base is limited and expressed
concern CSW will not reach their goal.
Commissioner Seel said she also attended the FRC meeting. She said although
other CSW services will offset roll-off garage and administrative costs, she pointed out
Pinellas and Hillsborough counties now are bidding this type of service contractually. She
stated a rate study has not been done and a delay in rate increases cannot be guaranteed.
Mayor Garvey felt a "level playing field" exists. She said City charges reflect
valuable services other cities do not provide, such as removal of rubbish placed curbside.
mcc01 a.97 10 01/09/97
Upon the vote being taken, Commissioners Johnson and Hooper and Mayor Garvey
voted "Aye"; Commissioners Clark and Seel voted "Nay." Motion carried.
The City Attorney presented Ordinance #6117-97 for first reading and read it by
title only. Commissioner Hooper moved to pass Ordinance #6117-97 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Hooper, and Garvey.
"Nays": Clark and Seel.
Motion carried.
ITEM #35 - First Reading Ord. #6118f97 - Creating Secs. 22.88-22.91 to provide for
alcoholic beverage special event permits and to provide a permitting procedure for issuance
of such permits upon certain conditions; amending Secs. 6.31 & 22.59 to exempt such
permitted sales and consumption from certain prohibitions (TR)
Historically, Clearwater has not permitted the sale and/or consumption of alcohol at
public special events. In recent years, business and residential interest has been building to
amend ordinances that prohibit such activities. Staff researched communities that allow
the sale and consumption of alcohol during public events regarding: 1) permitting
processes; 2) consequences; 3) geographic restrictions; 4) extent of city involvement; 5)
insurance and license requirements; 6) fees and revenues from alcohol sales; 7) restrictions
on permitted containers, etc.; and 8) security issues.
Staff recommends: 1) permitting the sale and/or consumption of alcohol at public
special events in support of the City goal to increase tourism and mission to foster a
festive environment for citizens; 2) base permitting on strict adherence to established
criteria; 3) direct the Special Events Committee, comprised of, but not limited to, City
department representatives from Parks & Recreation, Engineering, Central Permitting,
Tourism, Legal, Risk Management, Finance, Marina, etc., to approve the permitting
process; and 4) permit the sale and/or consumption of alcohol only at City sponsored or co-
sponsored special events. The ordinance allows the sale and consumption of alcohol to be
confined to designated areas and provides designated non-alcohol areas.
The City Manager said the proposal only would permit alcohol sales at Special
Events co-sponsored by the City and approved by the City Commission. Procedures will
require a great deal of control and Police Department input. She felt the proposal will be
good for Clearwater.
Bill Anderson, Herbert Dudley, James Mott, William Stephan, Anne Garris, Dwayne
Fulton, Stephen Genes, and Sandy Golden spoke in opposition, stating the proliferation of
alcohol use is detrimental to the community, extra police controls will be needed, damages
will be greater than revenues, drunk drivers cause fatalities and accidents, underage
drinking will occur, serving alcohol is not compatible with family-oriented activities the
mcc01 a.97 11 01109/97
Clearwater Jazz Festival already is successful, liability risks will occur, alcoholism will
result, and people will commit crimes while under the influence of alcohol.
Deborah Kines, representing Clearwater Jazz Holiday, Julie Nichols representing the
Pro Volleyball Hall'of Fame, Steve Fowler representing the Greater Clearwater Chamber of
Commerce, Gerry Huskins representing the Clearwater Beach Chamber of Commerce, and
Roger Woodruf representing the Downtown Development Board spoke in support stating
alcohol will be sold under controlled conditions, competition to attract corporate sponsors
for large events has increased many events carry beer sponsorship, neighboring
municipalities successfully serve alcohol at special events, the ordinance is well written
with adequate curbs, tourism will benefit, a "level playing field" with other tourist
destinations will be provided, and the ordinance can be rescinded if problems occur.
In response to a question, the City Manager said procedures will identify measures
to prohibit underage consumption of alcoholic beverages. The City Attorney said since this
item was discussed at Monday's Work Session, language was dropped that required
organizations permitted to serve alcohol at special events to be tax-exempt. State law only
requires these organizations be non profit.
Commissioner Johnson disagreed this change will foster tourism. He felt the City,
as a matter of principal, should not sponsor any events where alcohol is served. He said
monitoring will be too difficult and people could purchase alcoholic beverages for underage
drinkers. He did not fees the revenues would be worthwhile and opposed permitting alcohol
sales at family oriented parks. He expressed concerns regarding the number of accidents
related to alcohol use.
Commissioner Hooper said he respected the convictions of those who oppose the
proposal. In 28 years as a firefighter, he witnessed dreadful vehicular accidents. He felt
safeguards will be satisfactory. He noted alcoholic beverages are served at City owned
facilities such as the Harborview Center and Jack Russell Stadium. He said he had
considered his position carefully.
Commissioner Clark felt it is folly to try to legislate morality or temperance. He
supports proposed controls. He said current language regarding a designated family
section where alcoholic beverages are prohibited must be strengthened before he will
support this issue.
Commissioner Seel said she represents the entire community. She said she has
been involved with non-profit organizations for years and has never seen a problem at non-
profit sponsored events where alcohol is served. She said strict standards are in place.
She supported the requirement for a family area. if the ordinance passes, she requested a
specific review after each event.
Mayor Garvey said special events attract visitors. She noted many families in
Clearwater serve alcoholic beverages in their homes when their children are present.
mcc01 a.97 12 01/09/97
The City Attorney said adding language regarding a family area is not a major
change and could be made before second reading. It was noted a specific non-alcoholic
area may be difficult at "walking" events such as an art show. It was requested that
language provide a designated non-alcohol area at events where participants "sit."
Consensus was for language to be drafted requiring a non-alcohol area for seated
events before second reading.
Commissioner Hooper moved to approve the sales and consumption of certain
alcoholic beverages during special events; creating code of ordinances sections 22.88
through 22.91 to provide for alcoholic beverage special event permits and to provide a
permitting procedure for the issuance of such permits upon certain conditions; amending
sections 6,31 and 22.59 to exempt permitted sales and consumption from certain
prohibitions. The motion was duly seconded. Commissioners Hooper and Seel and Mayor
Garvey voted "Aye"; Commissioners Johnson and Clark voted "Nay." Motion carried.
The City Attorney presented Ordinance #6116-97 for first reading and read it by
title only. Commissioner Hooper moved to pass Ordinance #6118-97 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Hooper, Seel and Garvey.
"Nays": Johnson and Clark.
Motion carried.
The Commissioner recessed from 8:30 to 8:49 p.m.
Engineering Director Rich Baier reviewed the US 19 Design Study SR 60 to Enterprise
Road presented to the MPO (Metropolitan Planning Organization) on December 11, 1996.
The State currently owns a 200-foot right-of-way along US 19, The State was concerned
regarding the high cost of obtaining the additional 65 feet of right-of-way needed to
construct standard, limited access interchanges. Seven alternatives were presented for
constructing interchanges within existing State owned land by narrowing lanes. The
alternatives were designed to maximize capacity on US 19 and minimize expenses. The
project will be divided into two phases for study: 1) South of SR 60 to CSX Railroad and 2)
from CSX Railroad to North of Enterprise Road. He reported alternatives featuring a double
decker road most likely will be dropped from consideration due to the high cost of
constructing that design. Mr. Baier pointed out several alternatives restrict access to US
19 from major East-West City roads.
The importance of accessing US 19 from Seville Blvd., SR 60 (Gulf-to-Ray Boulevard),
and Drew Street was noted. Mr. Baler recommended the City Commission contact FDOT
(Florida Department of Transportation) regarding their concerns and identify which
alternatives they support. He said Alternative 4 & 5 will limit access from important East-
mcc01 a.97 13 01/09/97
W
West roads. It was noted Alternative 1 & 3 differ in the placement of the frontage road.
In response to a question, Mr. Baler said the State proposes to construct 1 1-foot lanes
which are the minimum width he would recommend. He said 12-foot lanes are desirable.
He will report on the width of lanes on US 19 at the Gulf-to-Bay Boulevard overpass. He
will prepare letters to be sent to the MPO and FDOT indicating the City Commission's
concern that access by East-West roads be maintained.
Mr. Baier reviewed FDOT's five year plan for local road construction. It was noted
the inclusion of Drew Street improvements on MPO's priority list was based on City
investment in the project. In response to a question, Mr. Baier said Clearwater Executive
AirPark was listed because it will receive matching funds from FDOT. Mr. Baier will report
on the status of the County widening its portion of Drew Street.
Concern was expressed regarding the poor design of the US 19 interchange with
Enterprise Road and Southbound access from Countryside Boulevard. Mr. Baler indicated
these concerns can be included in the letter to FDOT. He suggested the City may want to
hold FDOT to strict landscape requirements like other cities have done. He reported street
signs will be lighted and easier to see. It was recommended landscaping requests be added
tactfully.
1 EM #37 - Other Pending Matters - None.
CITY ATTORNEY REPORTS
a) Res. #97-02 - Demolition Lien - 1006 N. Greenwood Ave., I. A. Mason's Sub. (Adult
Comprehensive Protection Services)
The City Attorney stated Item #38a has been pulled.
b) Res. #97-03 - Demolition Lien - 1359 S. Ft. Harrison Ave., Belleair Sub., Bik 15, Lots 10
& 11 (Ceraolo)
The City Attorney presented Resolution #97- 03 and read it by title only.
Commissioner Clark moved to pass and adopt Resolution #97-03 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.
c) Res. #97-04 - Assessing property owners the costs of having mowed or cleared owners'
lots
mcc01 a.97 14 01/09/97
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r? The City Attorney presented Resolution #97- 04 and read it by title only.
1 Commissioner Hooper moved to pass and adopt Resolution #97-04 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.
Amendment to Boston Concessions Group, Inc. Contract
The City Attorney presented an amendment to the agreement with Boston
Concessions for the City to accept Boston Concessions' $100,000 interest-free advance as
capital for the purchase of equipment to be owned by the City.
Commissioner Johnson moved to approve the first amendment to the concession
management agreement for the City Harborview Center with Boston Concessions Group,
Inc., to accept Boston Concessions' $100,000 interest-free advance and the appropriate
officials be authorized to execute same. The motion was duly seconded and carried
unanimously.
ITEM #40 - City Manager Verbal RepoLSa
January 25, 1997, North Greenwood strategy meeting
The City Manager announced a strategy meeting with several community groups to
further develop the North Greenwood Task Team report is scheduled for January 25, 1997,
at 1:00 p.m. at the Martin Luther King Center.
January 13, 1997, Special Meeting
The City Manager indicated a Special Meeting is scheduled for January 13, 1997, at
1:00 p.m. at the Harborview Center to choose a City Manager search firm. She distributed
invitations from Harborview Center staff for the City Commission to tour the new catering
kitchen and sample chef specialties at 12:00 noon.
January 14, 1997, Alcoholic Beverage Appeal and Attorney/Client Session
The City Manager said an Alcoholic Beverage Appeal was scheduled for January 14,
1997, at 9:00 a.m. at the Main Library. An attorney/client session regarding Peter
Verhoeven versus the City is scheduled at 11:00 a.m. in the same building.
The City Manager thanked Pinellas County staff for their assistance in holding City
Commission meetings in the Pinellas County Assembly Room while City Hall undergoes
renovations.
mcc01 a.97 15 01/09/97
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ITEM #41 -.Qther Commission Action
Commj55ioner_5eel announced the PPC (Pinellas Planning Council) will begin review of
the Annexation Issue.
CgrnmissignUE Seel reported discussion at the Mayor's Council included possible State
action to rescind the City's ability to collect franchise fees. She noted the Pinellas
delegation is mixed on this issue. She reviewed County efforts regarding the upcoming
referendum to continue the Penny for Pinellas tax. A PAC (Political Action Committee) has
been formed. She reported an upcoming seminar will address tower sitings.
Commissioner Seel questioned if a single community events calendar could be
produced.
Commissioner Johnson questioned what actions the City Commission should take
regarding the letter from the Library Board Chair requesting removal of a member.
Commissioner Hooper said he had a motion prepared to address that issue.
stated something needs to be done regarding the beach
Welcome Center. The City Manager reported the Clearwater Beach Chamber of Commerce
currently is'providing visitor information. City staff who currently work at the Civic Center
are directing visitors to the Chamber of Commerce offices.
AA
Commissioner Hooper moved to remove David E. Waddell from the Library Board.
The motion. was duly seconded. The City Attorney said according to the Charter, board
members serve at the City Commission's pleasure.
Upon the vote being taken, the motion carried unanimously.
Cam issioneu Hoooer thanked Mayor Garvey and Harbormaster Bill Held for their
response to Captain Alvin Stacey who has indicated he will return to the Marina.
Co_ mmiss,ionerC lark requested an update on the transition to the new Police
Headquarters building. The City Manager reported the move is going smoothly.
Commissioner Clark questioned if the City Commission had agreed to pursue
construction of a parking garage at Pelican Walk. This issue will be discussed at the
February 3, 1997, Work Session.
Mayor Garvey- rescinded her suggestion that PSTA attempt to locate buses designed
to exhibit advertising.
)mayor Garvey reported the January 21, 1997, Work Session is scheduled at the
Countryside Recreation Center and the January 23, 1997, City Commission Meeting will be
held in the Pinellas County Assembly Room. (Note: At the 1113197 Special Meeting it was
decided to hold the 1121197 Worksession in the C-View Studio at the MSB)
mcc01 a.97 16 01/09/97
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Mayor Garvey announced the Saturday Farmer's Market operates from 8:00 a.m. to
1:00 P.M.
EEM #42 - Adjournment
The meeting adjourned at 9:26 p.m. '
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Mayor Commission
mcc01 a.97 17
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