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CITY COMMISSION MEETING
CITY OF CLEARWATER
February 20, 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 6:01 p.m. at the Pinellas County
Commission Assembly Room. The invocation was offered by Commissioner Johnson. The
Mayor led the Pledge of Allegiance.
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To provide continuity for research, items are In agenda order although not necessarily
discussed in that order.
ITEM #3 ~ Service Awards
Three service awards were presented to City employees.
ITEM #4 - Introductions and Awards
The Beach Area Council of the Greater Clearwater Chamber of Commerce presented
the City with a Beautification Award for Pier 60 Park.
ITEM #5 - Presentations
a) Dunedin Fine Arts Center Challenge
Richard Gehring, past president of the Dunedin Fine Arts Center Board of Directors,
reviewed ,the Center's history. Funds are being raised to expand the center's education
and exhibition space to serve area cultural needs. The center's $630,000 operating budget
is funded by users, the city of Dunedin, State of Florida, JWB (Juvenile Welfare Board), and
Pinellas County. JWB funds the center's program at Condon Gardens. He said one-fourth
of center participants and five board of director members reside in Clearwater. He
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requested the City contribute $100,000 to the center's expansion. In response to a
question, Mr. Gehring indicated Dunedin had backed $1-million of the bond for Ruth Eckerd
Hall.
b) Utility Rote Consultant
Robert Lockridge, of Burton and Associates, reviewed Phase I of the sufficiency
analysis and rate structure study of City utilities: 1) Water and Sewer; 2) Stormwater; 3)
Solid Waste; and 4) Recycling. The study evaluated rate structures, determined revenue
sufficiency over 5 years and the total cost of each utility, and recommended changes.
Regarding Water and Sewer, the model suggests rates will be 17.3% higher after 5
years. Reclaimed water projects would result in a 19.25% increase in rates. If the City
turns its water distribution system over to the County or regulatory impacts increase, the
water rate could increase by 27%. If all planned projects are accomplished, Storm water
rates would increase 46% to $4.50 per month. This rate could be lower jf less than 6
months of working capital is maintained. Regarding Solid Waste, models suggest rates will
increase 18% after 5 years, or 17% if the utility borrows money. Regarding Recycling,
models suggest rates could be decreased by as much as 18 %.
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Mr. Lockridge said costs for billing, meter reading, and readiness to serve are the
same for all customers. He recommended basing water rates for readiness to serve on
meter size. He suggested lower end rates shelter essential domestic usage. To discourage
unnecessary usage, conservation rates would charge more as usage increases.
Michael Burton, of Burton and Associates, said the current rate structure does not
promote conservation and is unfair to low volume USE~.rS. He recommended conservation
rates would encourage customers to reduce consumption. He said lawn meters are
inconsistent with water conservation goals and recommended calibrating lawn meters to
match domestic rates. He suggested capping residents' wastewater bills would mitigate
the need for lawn meters, noting most single family homes do not return all water to the
sewer system but use some for irrigation.
Mr. Burton said community concern could be addressed by lowering water and
wastewater deposits. He suggested reducing deposits to twice the average bill, billing for
deposits, or waiving deposits for those with good credit. The allowance for bad debts
would need to be adjusted.
Mr. ,Burton said impact fees recover some capital costs. He suggested the City's
impact fees of $1,400 could be increased as other communities charge as much as
$3,500. He said the rate should reflect the number of toilets per unit. He suggested
weighing equivalent residential units, with multi-family units and mobile homes counting as
70% of a single family unit. In response to a question, Engineering Director Rich Baier said
lawn meters are removed when reclaimed water is Installed. Regarding backflow
prevention devices, Mr. Burton suggested charging new customers half the cost of the
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As a point of clarification regarding the comments about Ervin's All American Youth
Club's request for paint contained in the minutes for February 6, 1997, it was noted
Pinellas County collects paint, which cannot be dumped, and gives it to any citizen. The
City does not have the ability to make a similar donation.
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device and including the other half in the rates. He recommended waiving all or a portion
of the fee for customers with existing backflow prevention devices, noting they had an
expectation of no further changes when the devices were installed.
Mr. Burton noted City storm water rates do not require property owners to take
proactive measures to prevent or reduce runoff. He suggested the rate structure include an
incentive to solve the runoff problem at the sources. Instead of spending money
downstream, he recommended avoiding the problems. He suggested SWFWMD
(Southwest Florida Water Management District) may provide grant money to help mitigate
downstream activities.
In conclusion, Mr. Burton said no rate structure changes are recommended for
Recycling and Solid Waste and recommended increases should be implemented across the
board. The study recommended special rate structure changes for water, wastewater, and
stormwater. He suggested the City consider caps and alternatives.
Concern was expressed, increasing lawn meter rates will encourage residents to dig
wells. Mr. Baier said in a recent change, SWFWMD now encourages shallow wells for
outdoor uses. More information regarding deposits was requested. The FRC (Fiscal
Review Committee) and City Commission will be provided copies of the report.
ITEM #6 - Approval of Minutes
Commissioner Hooper moved to approve the minutes of the regular meeting of
t~' February 6, 1997, and the special meetings of January 14, 1997, January 23, 1997, and
January 27, 1997, as recorded and submitted in written summation by the City Clerk to
each Commissioner. The motion was duly seconded and carried unanimously.
ITEM #7 - Citizens to be heard ra items not on tha Agenda
Joanna Kazmierski, Muriel Goldstein, and Margaret Kelly requested a signal light at
McMullen-Booth Road and the entry road to Ruth Eckerd Hall to enable elderly residents of
the Hampton at Clearwater to cross the busy highway and access public transportation.
ITEM #8 - Public Hearing & First Reading Ord. #6125-97 - Vacating W 2.5' of S 45' of 5'
North/South Utility Easement lying in Lot 17, Blk I, Northwood Estates Tract F, less
Southerly 5' (Bill and Stephany Broome, V96-16) (EN)
The applicants propose to install a screen enclosure around an existing swimming
pool and concrete deck that encroach into the easement. The City has no existing or
proposed utilities within the subject easement. Public utilities have reviewed the proposed
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vacation request and have no objections. City departments concerned with vacations have
reviewed the application and stated no objections. The City Engineer recommends
approval.
Commissioner Clark moved to approve the applicants' request to vacate the West
2.5 feet of the South 45.0 feet of the 5.0 foot utility easement, lying In lot 17, Block "I,"
Northwood Estates Tract F, less the Southerly 5.0 feet. The motion was duly seconded
and carried unanimously.
The City Attorney presented Ordinance #61 25-97 for first reading and read it by
title only. Commissioner Hooper moved to pass Ordinance #6125-97 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel and Garvey.
"Nays": None.
ITEM #9 - Public Hearing & First Reading Ord. #6133-97 & #6134-97 - Annexation & RM-S
Zoning for property located at 2995 Union St., Sec. 5-29-16, M&B 11.01 (Attention Home,
Inc., A96-23) (CP)
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The applicant has requested annexation and proposed zoning of Multiple-Family
Residential "Eight" (RM-B) for 2995 Union Street to obtain sewer service. On February 4,
1 997, the Planning & Zoning Board unanimously endorsed the request.
The subject property, approximately 655 feet North of Abby lake Road, is an
existing Group Home for abused and neglected boys. , It is licensed by the State as a
"Youth Attention" facility with a maximum of 12 beds/persons. It is proposed to assign
the property a zoning classification of Multiple-Family Residential t1Eight" (RM-B). Under
City Code, this property will be considered a Level III Group Care facility. Level III Group
Care is not a permitted or conditional use in the RM-8 Zoning district. Therefore, this use
is non-conforming. On June 8, 1995, the Pinellas County Board of Adjustment approved
the applicant's request to permit a Category II Group Home as a "Special Exception."
Based on the existing 12 beds, the subject property and its density will be "grandfathered"
as a legally non-conforming facility with the City. The annexation request is processed in
conformity with this density.
Commissioner Johnson moved to approve the Petition for Annexation and Zoning
Atlas Amendment to Multiple-Family Residential "Eight" (RM-B) for Section 5-29-16, M&B
11-01. The motion was duly seconded and carried unanimously.
In response to a question, Central Permitting Director Scott Shuford indicated non.
conforming densities are grandfathered in perpetuity. Setbacks are not grandfathered.
The City Attorney presented Ordinance #6133-97 for first reading and read it by
title only. Commissioner Seel moved to pass Ordinance #6133-97 on first reading. The
motion was duly seconded and upon roll call, the vote was:
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"Ayes": Johnson, Clark, Hooper. Seel and Garvey.
"Nays": None.
The City Attorney presented Ordinance #6134.97 for first reading and read it by
title only. Commissioner Seel moved to pass Ordinance #6134-97 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel and Garvey.
"Nays": None.
ITEM #10 - Public Hearing & First Reading Ord. #6123~97 & #6124-97 - Annexatiol1 & RM-
8 Zoning for property located at 1300 Idlewild Dr., Brooklawn Sub., Blk F, Lots 7, S, 14-16
& part 6 (Douglas D. Rosenbaum, A97-02) (Staff recommending RS-S Zoning) (CP)
The applicant has requested annexation and proposed zoning of Multi-Family
Residential 11 Eight" (RM-B) for 1300 Idlewild Drive to obtain sewer service. Staff
recommends zoning of RS-S.. On February 4, 1 997, the Planning & Zoning Board
unanimously endorsed staff's recommendation. CNHS (Clearwater Neighborhood Housing
Services) has a contract to purchase the vacant lots contingent upon the annexation.
CNHS proposes to construct single family residences.
o Alan Rosenbaum, representative, questioned staff's recommendation specifically
expressing concern regarding setback requirements. Mr. Shuford indicated staff's
recommendation for single-family zoning conforms with long range City plans and is
consistent with area properties. There should be no difference regarding the setbacks.
The proposed CNHS development is permitted under this zoning.
Commissioner Hooper moved to approve the Petition for Annexation and Zoning
Atlas Amendment to Single-Family Residential "Eight" (RS-B) for Brooklawn Subdivision,
Block F, Lots 7 & 8, 14-16, and part of Lot 6. The motion was duly seconded and carried
unanimously.
The City Attorney presented Ordinance #61 23.97 for first reading and read it by
title only. Commissioner Clark moved to pass Ordinance #61 23-97 on first reading. The
motion was duly seconded and upon roll call, the vote was:
ltAyes": Johnson, Clark, Hooper, See I and Garvey.
"Nays": None.
The City Attorney presented Ordinance #6124-97 for first reading and read it by
title only. Commissioner Hooper moved to pass Ordinance #6124-97 on first reading. The
motion was duly seconded and upon roll call, the vote was:
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"Nays": None.
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11 Ayes": Johnson, Clark, Hooper, Seel and Garvey.
"Nays1l: None.
Public Hearing. Second Reading Ordinances
ITEM # 11 - Ord. #6120-97 - Annexation for property located at 1180 N. Hercules Ave.,
Marymont Replat. part of Tracts A & B (Loulourgas, A97-01)
Jerry Figurski, representative, thanked the City Commission for approving this
annexation. He indicated he had worked with 14 staff members on this project. He
complimented staff's fine cooperation during this difficult process, indicating they had done
a great job.
The City Attorney presented Ordinance #6120-97 for second reading and read it by
title only. Commissioner Johnson moved to pass and adopt Ordinance #6120.97 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel and Garvey.
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ITEM #12 - Ord. #6121-97 - IL Zoning for property located at 1180 N. Hercules Ave.,
Marymont Replat, part of Tracts A & B (Loulourgas, A97-01)
The City Attorney presented Ordinance #6121-97 for second reading and read it by
title only. Commissioner Clark moved to pass and adopt Ordinance #6121-97 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 # 13-17) - Approved as submitted
ITEM #13 . Approval of Purchases per 02/10/97 memorandum (Not separate agenda
items):
Chlorine in one ton cylinders for WPC & Water facilities and in 150 pound cylinders for
Parks & Recreation at all city pools & use by Water Division, Van Waters and Rogers,
03/01/97 -02/28/98, 'estimated $137,505.38 (FN)
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ITEM #16 - Approve Church of Scientology request for closure of 1 southbound lane of Ft.
Harrison, between Pierce St. & Franklin St., 6:00 p.m. to midnight, on 03/14/97 &
05/09/97
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Network equipment & software for Enterprise Network Phase II, BCD Computer
Distributors, Inc., $40,388; and desktop computers, Dell Computer Corp., $66,144-
Funding of $98,325 (BCD $32,181 & Dell $66, 144) provided by City's lease-purchase
agreement, with $8,207 balance paid in cash (1M)
ITEM #14 - Contract for 1997 Tennis Court Resurfacing to Welch Tennis Courts, Inc., St.
Petersburg, FL, for $30,971 (EN)
ITEM #15 - Agreement with Pinellas County for utility installation by roadway contractor,
construction of Union Street, from Soule Rd. to McMullen Booth Rd., for estimated
$275,400 (EN)
ITEM #17 - Approve Order of City Commission fe Delphi Academy of Florida vs. City of
Clearwater Planning and Zoning Board - Case #CU96-57 (CA)
Commissioner Johnson moved to approve the Consent Agenda as submitted and
that the appropriate officials be authorized to execute same. The motion was duly
seconded.
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In response to a question regarding Items #15 and #18, Mr. Baier said standard
width sidewalks are included in construction plans for Curlew Road and Union Street.
Curlew Road will not have marked bicycle lanes.
Upon the vote being taken, the motion carried unanimously.
OTHER ITEMS ON CITY MANAGER REPORT
ITEM # 18 - Joint Project Agreement with FOOT to relocate natural gas mains during
widening of SR 586, at an estimated $637,026.10; Res. #97-07 re JPA authorizing
execution of agreements for installation and acceptance of new City facilities and placing
of funds with FOOT for completion of utility installation (GAS)
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The FOOT (Florida Department of Transportation) project to widen SR 586 (Curlew
Road) from just East of US 19N (69th Street) to SR 584 (Tampa Road) is scheduled to
begin September 15, 1997. According to the JPA (Joint Project Agreement), FOOT's
general contractor will relocate gas mains during the project, allowing this work to be done
in a timely manner with a minimum of conflict and traffic interruption and releasing CGS
(Clearwater Gas System) from potential penalty payments due to project delays. All
restoration costs also are saved as the general contractor is responsible for these costs
under the Agreement. The JPA provides for labor only at an estimated cost to CGS of
$637,026.10, which includes replacement of the subaquous crossing of the lake Tarpon
Outflow Canal which is in conflict with the new bridge. CGS will provide materials for this
project from existing inventory at an estimated cost of $60,900.
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Commissioner Johnson moved to approve a Joint Project Agreement with the
Florida Department of Transportation to relocate natural gas mains during the widening of
SR 586 at an estimated cost of $ 637,026.10, and that the appropriate officials be
authorized to execute same. The motion was duly seconded and carried unanimously.
The City Attorney presented Resolution #97-07 and read it by title only.
Commissioner Seel moved to pass and adopt Resolution #97-07 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
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"Ayes": Johnson, Clark, Hooper, Seel and Garvey.
"Nays": None.
ITEM #19 - Proposed plan for Flagler Drive (EN)
A community meeting is scheduled for February 25, 1997, to discuss staff
recommendations regarding the Flagler Drive/Bonair Street/Highland Avenue intersection
and neighborhood traffic patterns. Mr. Baier suggested some of the stop signs erected at
every intersection along Wood Drive to discourage speeding be removed. He said
hazardous conditions at the intersection related to the railroad tracks and Flagler's acute
angle will be exacerbated by the Highland Avenue widening. Residents had expressed
concern that Flagler Drive not be cut off from Highland Avenue. He suggested
constructing a concrete median on Highland Avenue and limiting Flagler Drive access to
Northbound traffic. Flagler Drive would be one-way in a Northwest direction between
Highland Avenue and Scott Street. One lane in the transition area near Scott Street will be
striped out. He said cut-through traffic issues were of little concern to the community. He
also recommended closing Bonair Street at Highland Avenue with a formal barrier
conforming to MUTCD (Manual of Uniform Traffic Control Devices). No changes along
Ridge Avenue were recommended. Palmetto Street will reopen for East-West travel.
ITEM #20 - Other Pending Matters - None.
CITY ATTORNEY REPORTS
ITEM #21 - First Reading Ordinances
a) Ord. #6137-97 re Penny for Pinellas
The City Attorney presented Ordinance #6137-97 for first reading and read it by
title only. The City Attorney noted changes indicating "In addition..." was deleted from
page 2, paragraph 4 and moved to page 4, paragraph 6.
Commissioner Clark moved to pass Ordinance #6137-97 on first reading. The
motion was duly seconded.
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Commissioner Johnson expressed concern few people attend public hearings already
held regarding the budget and Penny for Pinellas projects. He said all City projects receive
close Commission scrutiny. He was elected to be a good steward of public funds. He
indicated additional meetings are not needed and will result in micro-management, noting
the Commission already approves all expenditures. He felt the ordinance is superfluous and
is not needed. Commissioner Seel said the ordinance is necessary due to substantial
changes made to the Penny for Pinellas list during the past 7 years. She said the City
Commission has worked hard to build public trust. Commissioner Hooper noted the
difficulty of budgeting 13 years in the future. He felt the City Commission had lost
accountability when it spent Penny for Pinellas funds on the Harborvlew Center. He said
this extra step is necessary to ensure accountability. The City Manager noted all budget
amendments are approved at public hearings. The Mayor pointed out some Penny for
Pinellas projects had been funded by alternative sources.
Upon roll call, the vote was:
lIAyes": Clark, Hooper, Seel and Garvey.
UNaysl1: Johnson.
Motion carried.
ITEM #22 - Resolutions
(::> a) Res. #97R15 TBRPC Area Agency on Aging
The City Attorney presented Resolution #97-15 and read it by title only.
Commissioner Johnson moved to pass and adopt Resolution #97-15 and authorize the
appropriate officials to execute same. The motion was duly seconded.
Concern was expressed the Commission did not have enough information. Staff will
contact the Department of Elder Affairs for additional information.
Commissioner Johnson moved to withdraw his motion to pass and adopt Resolution
#97-15. The seconder concurred.
Commissioner Johnson moved to continue Item #22a. The motion was duly
seconded and carried unanimously.
Pinallas County School Board Challenge to St. Petersburg Stormwater Fee
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The City Attorney stated the City's ordinance related to stormwater fees is similar,
but not identical to, the St. Petersburg ordinance challenged by the Pinellas County School
Board. Pending the outcome to St. Petersburg's appeal, the School Board has requested
, the City stay the tolling of the statute of limitations. She said the request does not appear
to disadvantage the City but will affect the School Board's ability to recover back
payments. If the City refuses, the School Board will petition the court for the same effect.
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Commissioner Johnson moved to approve closure of the outside Northbound lane of
Ft. Harrison Avenue (Alternate US 19) between Cleveland and Park Streets between 1 :00
and 6:00 p.m. on February 23, 1997. The motion was duly seconded and carried
unanimously.
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Consensus was for the City Attorney to proceed in reaching agreement with the
Pinellas County School Board regarding tolling stormwater fees.
ITEM #23 - City Manager Verbal Reports
a) Commercial for the Fox Network
On Tuesday, the Fox Network indicated their wish to film a baseball commercial on
February 23, 1997, between 1 :00 and 6:00 p.m. They requested the City close the
outside Northbound lane of Ft. Harrison Avenue (Alternate US 19) between Cleveland and
Park Streets and the sidewalk along the West side of the Coachman Building. Garden
Avenue will be closed between Cleveland and Hendricks Streets. The Garden Avenue
Garage will remain open to the public. The Fox Network will pay all costs related to hiring
off-duty police officers, barricades, etc. The City Manager said FOOT (Florida Department
of Transportation) is working closely with the City regarding this request. Concern was
expressed this request is not timely and approval violates Commission rules as other groups
are held to strict time limits when making similar requests.
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Clearwater Beach Aquatic Center Meeting
The City Manager stated the consultant will be unable to attend the March 17,
1997, meeting regarding the Clearwater Beach Aquatic Center. The meeting was
rescheduled to March 31, 1997, at 7:00 p.m.
City of Cocoa Beach networking group
The City Manager said the City of Cocoa Beach had expressed interest in organizing
Florida beach communities to network and share information regarding beach
renourishment, economic development, and tourism. Consensus was for the City to
express interest in the concept.
Legislation regarding minimum community standards related to cigarette smoke
The Environmental Advisory Board passed a motion requesting the Commission ask
the City's lobbyist to lobby for Senate Bill 306. The City Attorney said State law currently
preempts the City's ability to regulate smoking. The City Clerk said the pending legislation
would permit cities to pass regulations more stringent than State rules. Currently the state
standards are the maximum a local government can impose. Concern was expressed
liability issues could occur if the City institutes more stringent standards. Consensus was
to support the concept.
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Clearwater Beach eRA
The City Manager said two meetings on the beach last week addressed a beach
CRA (Community Redevelopment Agency) and the proposed Mandalay streetscape. At the
next Work Session, staff will present steps necessary to develop a plan if the Commission
chooses to proceed with establishing a CRA. Staff also will present cost estimates for the
streetscape project, including outside assistance the Engineering Department will need.
ITEM #24 - Other Commission Action
Commissioner Seel questioned if the annual outside audit was finished. The City
Manager said it will be completed shortly. It will be scheduled for discussion at the March
17 t 1 997, Work Session.
Commissioner Seel referred to the Fire Chief's report and suggested sending fliers to
public schools encouraging classes to take field trips to Safety Village.
Commissioner Seel referred to a citizen complaint regarding the rough CSX railroad
crossing on Hercules Avenue. Mr. Baier stated the crossing is in Pinellas County.
Commissioner Johnson questioned who is handing the complaint by Security
Engineers. The City Manager said General Services Director Bill Baird is responding.
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Commissioner Hooper expressed concern a private company is 6 months in arrears
in paying the City for roll-off fees. The City Manager said the City can revoke the firm's
occupational license and has other remedies. The City Attorney said an audit is being
performed.
, Commissioner Hooper requested an update on City Hall renovations at the next
Work Session.
Commissioner Clark requested an update regarding Pickles Plus. The City Manager
said an agreement has been reached. The owner of Pickles Plus will take advantage of a
contract provision and use the City's bidding process to obtain a contractor.
Commissioner Clark questioned when an updated schedule for vision roll-outs will be
distributed. The City Manager said they will be ready tomorrow.
Commissioner Clark recommended publicizing Harborview Center schedules to City
residents. The City Manager said some events have indicated they do not want publicity.
She expressed concern that C-View cannot promote private businesses. It was suggested
events be included in the list of activities published in the St. Petersburg Times.
Commissioner Clark requested the City Commission revisit the C-View issue, noting the
importance of promoting Harborview Center successes.
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, Mayor Garvey suggested the Municipal Services Building display public art. The
City Manager said she had spoken with the Dunedin Fine Arts Center regarding displaying
traveling art shows in the Harborview Center, City Hall, and Municipal Services Building.
Mayor Garvey requested citizens report street lights that are off at night or on '
during the day to (813) 562-5644.
Mayor Garvey invited people attend the Saturday Farmers Market at Station Square
Park.
Commissioner seel introduced a stuffed II Aloha Bear" from a 4th grade class in
Honolulu, Hawaii. Aloha Bear is traveling world-wide as a social studies project of the
class.
ITEM #25 - Adjournment
The meeting adjourned at 8:29 p.m.
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12
02/20/97
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