11/19/1998 (2)
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CITY COMMISSION MEETING
CITY OF CLEARWATER
November 19, 1998
Present:
Rita Garvey
Ed Hooper
J. B. Johnson
Robert Clark
Karen Seel
MayorfCommissioner
Vice-Mayor ICommissioner
Commissioner
Commissioner
Commissioner
Also Present:
Michael J. Roberto
Richard L. Hedrick
Bob Keller
Pamela K. Akin
Sue Diana
Gwen Legters
City Manager
Deputy City Manager
Assistant City Manager
City Attorney
Assistant City Clerk
Board Reporter
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The Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation
was offered by Dr. Dennis MacAleer of Trinity Presbyterian Church. The Mayor led the
Pledge of Allegiance.
Three service awards were presented to City employees.
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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
ITEM #4 - Introductions and Awards -- None
ITEM #5 - Presentations
'a) City of Clearwater Utilities We Care Fund
, Brad Varnum, Gas System, explained the citizens' assistance program designed to
help folks with temporary financial difficulties to pay their utility bills. The public was
invited to participate.
b) North Ward Elementarv School
Principal Louise Crowder-Meri gave a profile of the school and City partnership
program to reclaim a portion of unused school property for usa as an environmental
education center. Benefits to the students were reviewed and bookmarks presented to the
Commission. One of the students reviewed a project that her class was doing.
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c) Midland Companies art donation' -- postponed to December 8, 1998.
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ITEM #6 - Approval of Minutes
Commissioner' Hooper moved to approve the minutes of the regular meeting of
November 5, 1998, 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 reaardina items not on the Aaenda
Albert Craig and Laron Barber presented a flyer regarding Sports Start Foundation
whose purpose is to help citizens alleviate crime and focus on education in the community.
PUBLIC HEARINGS
ITEM #8 - Public Hearina - direction re Clearwater Beach Familv Aauatics Center (PR)
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fn December of 1997, the bids for the Clearwater Beach Family Aquatics Center
exceeded budget by approximately $200,000. At that time, staff was directed to seek
other options. The following options were explored: 1) delay the project; 21 eliminate the
project and reallocate funds; 3) construct a pool for $500,000; 4) construct a water
playground ($250,000 to $500,0001: and 5) construct an interaction fountain ($250,000
to $500,000). Upon reViewing the options, staff made a decision to delay the project until
additional information could be gathered regarding how the project relates to One City. One
Future. Some citizens and other interested parties continue to lobby for construction of a
$500,000 pool on Clearwater beach. Staff is requesting City Commission direction on the
various options relating to this project. Operating costs and potential revenue projections
for three of the above options are as follows:
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Proiect
$500,000 Pool (Apr.-Oct.)
Water Playground
Interactive Fountain
Annual Operatino Costs
$98,000
$30,000
$30,000
Start-Up Costs
$33,000
$ -0-
$ -0-
Revenue
$15,000*
$ -O~
$ -0-
(*based on historical data from Morningside Pool)
Parks and Recreation Director Art Kader said the initial proposal made a year ago
included a 6-lane pool, service building, restrooms, zero-depth entry, seasonal operation,
plumbing for heating options, a children's play area and water playground amenities. The
cost at that time was $700,000. Today it would cost around $790,000 to do the same
design.
Mr. Kader defined a traditional public swimming pool (compared to Ross Norton
pool); a water playground (wet play equipment on a flat surface); water park (5-10 acres,
compared to Adventure Island); family aquatic center (combining water playground
elements with a pool); and interactive fountain. He reviewed the results of a public opinion
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survey, compared options for consideration, and estimated annual operating costs of each
option. He noted a zero~depth entry for handicapped access would add $18,000 to
$20,000 to a pool project.
In response to a question, Mr. Kader said the original aquatic center proposal would
now require a 10% increase and an additional $20,000 for architectural fees. He reviewed
needs and minimal costs related to the acquisition of new permits.
Twenty-four people spoke in favor of a pool on Clearwater beach, with the majority
supporting a traditional public swimming pool without water park amenities. Two petitions
containing a total of 167 names in support of a pool were submitted.
In response to a question, Mr. Kader said the $790,000 figure covered a building
that would meet health department requirements. It included restrooms, a ticket area for
staff and two breezeways with storage area. An attempt was made to follow the tropical
seascape theme. No showers or changing rooms are proposed. A budget amendment'
would be needed to fund the $100,000 per year operating costs.
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. Discussion ensued regarding features, cost estimates, and time frames associated
with the original family aquatic center design. Recreation Superintendent Steve Miller
reviewed estimated costs to include plumbing and heating piping and equipment, extra
programming, and additional personnel. He estimated total cost of operating a heated pool
year-round to be about $179,000 and a projected revenue of approximately $26,000 per
year. He stated reports show the old Clearwater beach pool was used by 30.40 people a
day during the 8 weeks the pool was open in the summer.
In response to a question, Mr. Kader said he has the architectural designs for the
original family aquatic center proposal from a year ago. Mr. Kader replied health
department regulations may have changed with regard to the number of required
restrooms, and the project would have to go through the permitting process again. He said
it would not be possible to use recreation center facilities to meet health department
requirements for pool restrooms. He said a toddler pool or children's activity area could be
added later as a separate tank, but a tank in the ground cannot be retrofitted. He said he
could bring in a pool facility without heating pipes, for $500,000, but requested an
allowance of 10% in contingency funds.
There was discussion regarding the promise made by a former commission to build a
new pool on Clearwater Beach to replace the one lost to Pier 60 Park.
Commissioner Johnson moved to construct a traditional public swimming pool on
Clearwater beach for $500,000. There was no second.
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A comment was made, while it is desirable to live up to promises made by a former
City Commission, it is also necessary to serve the entire public. A plain traditional pool
without'provision for toddlers, inadequate ADA access, and without attention to aesthetics
was considered unacceptable. A magazine article was quoted, highlighting the changing
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needs of public pools to offer a variety of activities for a broader range of the public. Given
the City's current emphasis on appealing, attractive, tourist-oriented projects, it was felt a
plain, traditional pool was out of character with trying to raise the bar and would be a
mistake.
An opinion was expressed it is premature to proceed with a pool project until the
direction of beach development is known and a more suitable, spacious site is identified.
Commissioner Seel moved to approve the original concept for a family aquatic
center which included 6 lanes, service building, restrooms, zero-depth entry, seasonal
operation, a child's play area, water playground amenities, and a decorative fence. Some
water playground features could be added later, if desired. The design does not include
showers, locker rooms, heating, or year-round operation. The pool would have plumbing
installed to provide for the option of heating later, if desired. The motion was duly
seconded.
Staff "Yas asked to determine the square footage of the shallow water at the zero.
depth entry ramp and report how that area compares to the size of toddler pools at other
facilities. The City Manager said he will come back with any significant cost increases.
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In response to questions, Mr. Kader said the earliest possible opening date would be
in October 1999, too late for the Summer season. Consideration was given to timing the
project for opening in Spring, 2000.
Upon the vote being taken, Commissioners Johnson, Clark, Hooper, and Seel voted
"Aye"; Mayor Garvey voted "Nay." Motion carried.
The meeting recessed from 7:45 to 8:02 p.m.
ITEM #9 - Public HearinQ & First Readinn Ord. #6348-98 - regarding new Community
Development Code (PLO)
The City's consultant, Siemon, Larsen & Marsh, has completed the official draft of
the new development code to replace the existing land development code. The new code
has been reviewed by many citizen groups, neighborhood and professional organizations,
local engineering, architectural, contractorlbuilder, and realtor associations. Comments and
suggestions have been incorporated into the proposed official draft. The new code has
been developed to provide land development regulations that address community needs
into the next century, and provide direction for redevelopment and new development. The
new code streamlines the development process and provides predictability and flexibility in
a manner that creates adequate safeguards for surrounding properties and neighborhoods.
The Planning and Zoning Board and Environmental Advisory Board reviewed the new code,
conducted public hearings, and forwarded recommendations to the City Commission. The
Development Code Adjustment Board continued their public hearing of the item to allow
more time for review.
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Consultant Charlie Siemon reported the document was a comprehensive culmination
of a 2-year effort. He reviewed an addendum reflecting changes requested by the
Commission at last Monday's work session. City Planning Director Ralph Stone reviewed
memos from November 18 and 1 9 reflecting changes recommended by the Planning and
Zoning Board and Environmental Advisory Board.
He noted four drafts have been produced. There has been communication and
interaction with the community. He believed the objectives proposed improve the
organization of the code, making it easier to use. The language has been simplified,
defi,nitions have been expanded, graphics have been included and the development process
has been simplified.
Fourteen people spoke regarding the issue with the majority requesting additional
time for evaluation and clarification of the new code.
Staff and Mr. Siemon responded to questions regarding height restrictions on
Clearwater beach, density, transfer of development rights, public hearing notification to
surrounding neighbors, obtaining copies of the proposed code, purpose of an overlay
relative to enforcement of deed restrictions, attached dwellings on vacant lots, composition
of advisory boards and use of bright colors in redevelopment.
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The City Manager stressed the importance of ensuring citizens have enough
information to satisfy their concerns. There was discussion regarding delaying second
reading of the ordinance until January.
Mr. Siemon was requested to reexamine the 4: 1 ratio of assessed values to
improvements. Discussion continued regarding duplexes on corner lots, determination of
lot vacancy and eligibility/procedural requirements for special overlay districts. The City
Manager suggested continuing first reading of the ordinance to the December 10 meeting
to allow time to consolidate all revisions of the code into a single document.
It was noted benefits to be derived by the rewrite of the land devefopment'code
were the establishment of minimum property values, regulation of outdoor displays,
prohibiting storage facilities in the downtown, more landscaping and less asphalt
throughout the City.
Commissioner Clark moved to continue Item #9 to the meeting of December 10,
1998. The motion was duly seconded and carried unanimously.
ITEM 1110- Public HearinQ - Reciprocal Easements AQreement with Highwoods Florida
Holdings, L.P.; declare surplus and grant to Highwoods a perpetual non.exclusive easement
for ingress, egress and parking over portion of tract of city owned land lying within NW%
Sec. 17-29-16, Parcel" A" and Parcel "B" of said agreement, in consideration of mutual
benefits to be derived, subject to final approval of general site plan for Park Place Office
Center, 380 Park Place Blvd. (PW)
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Highwoods Properties has submitted a site plan to construct an 82,000 square foot,
three story offic,e building on a portion of the Park Place property lying south to City
Reservoir Number 2 and soccer fields property at 211 33 US 19 North. The City required
enlarging the proposed stormwater detention to avoid overflow flooding of adjacent
properties. Expansion of the detention pond reduced the available area for 369 required
parking spaces. The agreement commits an approximate 10 foot wide strip of the City's
property for Highwoods to construct a portion of its parking lot, with a 24 foot wide
ingress/egress drive connecting with the asphalt driveway on the City parcel. This
additional land will accommodate required parking, and provide a buffer area for trees
which will be preserved on the site. In return, Highwoods will allow parking for the soccer
fields in the project parking lot during non-business hours, including weekends and national
holidays. The agreement obligates Highwoods to pay all costs for the operation and
maintenance of the City parcels. The cross easements will run with the lands in perpetuity
unless mutually terminated by the parties, or otherwise amended by their successors or
assigns.
Public Works Administrator Rich Baier responded to questions regarding a water
storage tank on City property and stormwater retention pond on the Park Place property.
He said the vegetation line between Highwoods and the soccer fields will be cleaned out to
eliminate the homeless problem, but the trees will remain as a buffer.
Commissioner Johnson moved to approve the reciprocal easements agreement with
Highwoods Florida Holdings, L.P.; declare surplus and grant to Highwoods a perpetual non~
exclusive easement for ingress, egress and parking over portion of tract of City owned land
lying within NW% Sec. 17~29M16, described in Exhibit A of said agreement, subject to final
approval of general site plan for Park Place Office Center, 380 Park Place Boulevard. The
motion was duly seconded and carried unanimously.
ITEM #11 - (Cont. from 11/5/98) Public HearinQ - Declare surolusto city needs, 600
Franklin St., Gould & Ewing's 2nd Addition to Clearwater Harbor, Blk 7, part of Lot 1, for
purpose of selling; approve contract with Pinellas County Housing Authority for sale
thereof, for $74,800 less closing expenses est. at $560, for approx. net sale proceeds of
$74,240 (ED)
Commissioner Hooper moved to continue Item #11 to the meeting of December 10,
1998. The motion was duly seconded and carried unanimously.
ITEM #12 - Variance(s) to Siqn Requlations for property located at 1230 S. Myrtle Ave.,
Milton Park, Blk 9, Lots 1-5 & 10-14 (Thompson Executive Center & Partnership, SV98-
15)(PLD)
The applicant is requesting variances to allow (1) three additional single-faced,
freestanding signs, (2) additional sign frontage square footage, and (31 a right-of-way
setback. Approval would allow four existing single-faced, freestanding signs to remain on
the office property known as Thompson Executive Center Partnership. Conditions
supporting approval are: 1) the signs are necessary to identify the complex for travelers on
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Myrtle Avenue; 2) access onto the site ;s limited to the two side streets, Pinellas and Grand
Central Streets; 3) strict enforcement of the sign code would impose a hardship on the
applicant that would outweigh any derivative public benefit; 4) removal of the signs would
make it extremely difficult for customers and emergency vehicles to locate the complex
quickly and easily; 5) the signs are not physically obtrusive and do not interfere with
utilities, pedestrians, or vehicular traffic; and 6) materials and design of the signs are
consistent with the development's architectural features.
Planning Director Ralph Stone reviewed variance requirements and showed
photographs taken yesterday of the subject property. Mr. Thompson, the applicant, briefly
reviewed the history of his development, indicating the signs are compatible with
surroundings. In response to a question, it was indicated the size of the new signs shown
in the photographs meet the sign code.
One letter of support from the adjacent property owner to the south was submitted
for the record.
Commissioner Hooper moved to approve variances for: . (1) three additional single-
faced, freestanding signs, (2) additional sign frontage square footage, and (3) a right-of-
way setback to allow four existing single.faced, freestanding signs to remain on the office
property known as Thompson Executive Center Partnership, 1230 South Myrtle Avenue,
subject to the following conditions: 1) no additional free-standing signs will be added to
~. the property; 2) a landscape plan will be submitted to and approved by City staff and/or the
(~?;~~ City's Landscape Architect prior to the hearing date; and 3) appropriate landscaping Ito be
approved prior to issuance of variances) will be added to soften and enhance the signs
located on Grand Central Street and Pinel/as Street according to Section 42.27 of the City
of Clearwater Land Development Code. The motion was duly seconded and carried
unanimously.
ITEM # 13 ~ Public Hearing ~ determine whether a public nuisance exists on property located
at 1350 Gulf Boulevard owned by Beach Communities II, Inc., Glen R. Johnson, Registered
Agent (PLD)
Since September 1995, the City has received numerous complaints from neighbors
of the subject property regarding the overgrown lot, debris, unsightly and incompatible
structures, operating a business in a residential area, noise, and the generally undesirable
situation. The Municipal Code Enforcement Board found the property in violation on May
27, 1998. A compliance date was ordered with a fine of $150.00 to be assessed for each
day the property remains in violation. Such fines have been accruing since June 27, 1998
and totaled $18,900 as of October 30, 1998. The property owner has made no successful
attempt to address neighbors' complaints or to bring the property into code compliance.
Planning Director Ralph Stone and City Inspectors Bob Scott and Vern Packer
reviewed the property's history, submitted photographs of the site, and requested
determination of a public nuisance. It was indicated the fines currently exceed $20,000.
Staff reviewed their efforts to satisfy neighborhood concerns. As the owner has made no
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effort to correct the situation, staff requested authority to cut utility service to the site. It
was indicated mail sent to two addresses in Largo was unclaimed, and evidence exists a
business is being operated from the subject property.
The property owner was not present and was not represented. Four people
expressed concerns regarding nuisance conditions on the site.
Commissioner Clark moved to declare a public nuisance exists on property located
at 1350 Gulf Boulevard owned by Beach Communities II, Inc., Glen R. Johnson, Registered
Agent and authorized the City Attorney's office to seek jUdicial relief for abatement. The
motion was duly seconded and carried unanimously.
The inspectors were commended for their professionalism in helping homeowners
with concerns.
Public Hearinq ~ Second Readinq Ordinances
ITEM #14 ~ Ord. #6332-98 ~ Relating to Building and Development Regulations; amending
Sec. 47.051, Adoption and Enforcement, to Adopt the 1997 edition of the Standard
Building Code and Standard Mechanical Code .
The City Attorney presented Ordinance 6332-98 for second reading and read it by title
only. Commissioner Clark moved to pass and adopt Ordinance 6332-98 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
nAyes":, Johnson, Clark, Hooper, Seel, and Garvey
ItNays": None.
ITEM #15 ~ Ord. #6340-98 - Annexation for property located at 1601 Stevenson Dr.,
Stevenson's Heights, Blk C, Lot 7 IAgnes E. Akins, A98-27)
The City Attorney presented Ordinance 6340-98 for second reading and read it by title
only. Commissioner Hooper moved to pass and adopt OrdJnance 6340-98 on second and final
reading. The motion was duly seconded and upon roll cal1, the vote was:
I1Ayes": Johnson, Clark, Hooper, Seel, and Garvey
"Nays": None.
ITEM # 16 - Ord. #6341-98 - RS-8 Zoning for property located at 1601 Stevenson Dr.,
Stevenson's Heights, Blk C, Lot 7 (Agnes E. Akins, A98-271 '
The City Attorney presented Ordinance 6341-98 for second reading and read it by title
only. Commissioner Johnson moved to pass and adopt Ordinance 6341-98 on second and
final reading. The motion was duly seconded and upon roll call, the vote was:
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UAyes": Johnson, Clark, Hooper, Seel, and Garvey
"Nays": None.
CITY MANAGER REPORTS
CONSENT AGENDA (Items #17-27) - Approved as submitted
ITEM #17 - Approval of Purchases per 10/25/98 memorandum:
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Tree Line Sales and Service. Inc., 1 st of 2 available extensions, annual inspection and
repair of aerial buckets & cranes used by various departments, 11/20/98-12/31/99, est.
$40,000 (GSS)
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Kelly Services, 1 st of 2 available extensions, temporary employment service used by all
departments, 12/1/98-11/30/99, est. $45,000 (HR)
lakeside Occ;:upational Medical Centers, P.A., pre~employment & annual physical
examinations and random drug testing for all personnel except Fire, 1/1/99-12/31/99, est.
$60,000 (HR)
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Doctor's Walk-In Clinics, new hire & annual physical examinations for Fire Department
personnel, 1/1/99-12/31/99, est. $38,000 (HR)
Vermeer Southeast Sales and Service, Inc., one Vermeer V-3550A trencher to be used
throughout gas system by CGS, $25,360.36; funding to be provided under City's Master
lease-Purchase Agreement (GSS)
Miller Bearings, Inc., misc. sealed bearings to be used at WPC facilities, 11/20/98-
12/31/99, est. $50,000 (Public Utilities Dept.)
Standard Insurance Company, fang term disability insurance for employees not eligible for
pension plan coverage, 1/1/99-12/31/99, est. $30,000 (HR)
Gator Asphalt Paving, Inc., slag cold mix asphalt for use throughout City by Public
Service/Streets, 11/20/98.12/31/99, est. $50,000 (Transportation & Drainage Dept.)
Garber Chevrolet Geo, Inc., two 1999 Chevrolet Tahoe full size pursuit utility vehicles for
use throughout City by Fire Department personnel, $54,750; funding to be provided under
City's Master Lease-Purchase Agreement (FD)
ITEM # 1 B - Aoreement with FDEP providing for assessment and remediation of orphaned
and abandoned sites within Clearwater Brownfields Area (ED)
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ITEM #19 - Approve Disaster Relief Fundina Aareement with Florida Dept. of Community
Affairs {FOCAl (FO)
ITEM #20 - Approve three 3-vear leases with a.J.E., Inc., for Units 1 06~1 08 for use as
Beach Library, Unit 113 for Jolley Trolley, and Unit 208 for Beach Police Substation~ at
, 483 Mandalay (Pelican Walk) effective 1/1/99 (LIB)
ITEM #21 ~ Contract to Pinellas County School SYstem / Clearwater Adult Education
Center, provision of educational services, est. $63,000 (POI
ITEM #22 ~ Appoint Bob Shipp to Board of Trustees, Clearwater Police Supplementary
Pension Plan, far term 1111/98-11/1/2000 (PO)
ITEM #23 - Contract for Storm Pipe Reolacement Woodside / Woodcrest Avenue, Suncoast
, Excavating & Utilities, Inc., $134,546.50 (PWI
ITEM #24 - Approve Second Amendment to Agreement with SWFWMD; and Contract with
FOEP for funding for Cooper's Point Restoration and Management (PWI
,ITEM #25 - Approve certain Stormwater Utility Proiects for inclusion in the Capital
Improvement Program budget for Fiscal Years 1998-99 and 1999-2000 (PW)
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ITEM #26 - Water Main Easements in Lots 2 & 3, Storz OOhthalmics. Inc. Park Place
(Grand Reserve at Park Place limited Partnership){CA)
ITEM #27 - .Water Main & tnQress/EQress Easement - Wellinqton Aoartments, 2900 Drew
Street (next to Eisenhower School), Sec. 8-29-16 (TWC Ninety-Four, Ltd.)(CA)
Commissioner Johnson moved to approve the consent agenda, as submitted, and
authorize the appropriate officers to execute same. The motion was duly seconded and
carried unanimously.
OTHER ITEMS ON CITY MANAGER REPORT
ITEM #28 ~ First ReadinQ Ord. #6531-98 - Relating to purchasing; amending Secs. 2.547,
2.564 & 2.624, and deleting Sees. 2.602-2.608 (FNI
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Purchasing focus groups were convened to provide user input concerning
simplification of purchasing procedures. The focus groups recommended changes to the
Purchasing Ordinance that will streamline purchasing procedures and still retain adequate
controls. Approval of this ordinance will implement those recommendations that can be
changed through the purchasing ordinance process. Elimination of the $10 bidder
registration fee will encourage more vendors to register with the City. The $7,000 annual
revenue loss will be partially offset by a decrease in reproduction, postage and staff time
required to re-enter vendor data each year. Raising the bid requirement from $500 to
$1,000 will decrease the time and paperwork involved in making small purchases. The
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State of Florida uses a $5,000 limit and St. Petersburg uses a $2,500 limit. Services
exempt from the bidding process under Florida Statue 287.057 have been added to the Jist
of exceptions to the City of Clearwater's bid process. Recycled paper criteria have been
deleted from the Code of Ordinances and will be moved to the Purchasing Procedures
Manual. Authorization for disposal of surplus/obsolete personal property with a current
value of less than $500 is delegated to the City Manager.
Commissioner Clark moved to amend Sections 2.547, 2.564 & 2.624, and delete
Sections 2.602-2.608 of the City of Clearwater Code of Ordinances, related to purchasIng.
The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance 6531-98 for first reading and read it by title only.
Commissioner Seel moved to pass Ordinance 6531-98 on first reading. The motion was duly
seconded, and upon roll call, the vote was:
"Ayesfl: Johnson, Clark, Hooper, Seell and Garvey.
lINays": None.
ITEM #29 - Second Amendment to License Aqreement for Alexandra of Clearwater Beach,
Inc., and Termination of Lease Agreement with Keramitsa, Inc. d/b/a Beach Diner
~~ The City Manager reviewed terms of the license agreement, stating it will allow Mr.
~~:~ Chandler to increase the Pier 60 concession stand's footprint up to 30 feet to the east, if
he wishes. If he decides he doesn't want it, Mr. Chandler can give the City permission to
sublease the space, totaling about 600 square feet. This agreement is part of the
settlement agreement with the Beach Diner, felt to be necessary because the City needed
Mr. Chandler to move out of the diner much earlier than expected due to the beach
entranceway project.
It was felt, as the City redevelops,' it needs to be careful in promising that
something will remain open longer than it might. Approving this item was considered to be
a severance agreement. Mr. Chandler was commended and thanked for keeping his
business open for the benefit of emergency personnel during recent storms.
Commissioner Johnson moved to approve Second Amendment to License
Agreement for Alexandra of Clearwater Beach, Inc., and Termination of Lease Agreement
with Keramitsa, Inc. d/b/a Beach Diner. The motion was duly seconded and carried
unanimously.
ITEM #30 - Contract to Pinellas Press for printing of Clearwater Magazine for $120,000,
and approve funding increase of $1 2,000 for Clearwater Magazine for current fiscal year to
cover increased costs due to production and printing of new mailing list of 55,000 (PCM)
Clearwater Magazine is mailed quarterly to all City residents and is believed to be a
valuable information tool on City projects, programs, and activities. It is also distributed
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through Parks & Recreation centers and the Library. Circulation in 1 997/98 was about
44,000 per issue, but list data was inaccurate. Circulation with the new mailing list from a
new source wlll rise to 55,000 in 1998/99. Due to the increase in printed copies, and a
change to a gluing process for the Bwpage calendar pullwout section, as well as anticipated
additional production changes, costs will increase. The current budget for this item is
$10B,000, based on last year's circulation. A $12,000 increase is requested, for a total of
$120,000, to anticipate additional production changes that may OCCllr in 1998/99. The
Public Communications and Marketing budget contains sufficient funds for postage and
inserting for the additional issues.
Jackii Mosick, Public Communications & Marketing, responded to questions, stating
she was satisfied with the quality of the sample issue submitted by the selected bidder.
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An opinion was expressed the magazine is a vanity piece and serves no
informational purpose. Concern was expressed in paying $1 20,000 in pUblic funds for a
magazine that can be printed for free and the City retaining complete editorial control, by
allowing advertising. Staff was requested to make an earnest effort to explore this concept
for next year.
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Commissioner Seel moved to apprOVB contract to Pine lias Press for printing of
Clearwater Magazine for $120,000, and approve funding increase of $12,000 for
Clearwater Magazine for current fiscal year to cover increased costs due to production and
printing of new mailing list of 55,OOOm recipients. The motion was duly seconded. Upon
the vote being taken, Commissioners Johnson, Hooper, Seel, and Mayor Garvey voted
"Aye"; Commissioner Clark voted "Nay." Motion carried.
Commissioner Clark remarked his "nay" vote was no reflection on the quality of
Pinellas Press.
ITEM #31 w Approve continued participation in ioint venture to study providing Emergency
Medical Services (EMS) transportation services throughout Pinellas County, cost not to
exceed $38,000 (FD)
Fire Chief Herald 'requested a continuance stating he wishes to gather additional
information before making a recommendation.
Commissioner Hooper moved to continue Item #31 to a date to be determined by
staff. The motion was duly seconded and carried unanimously.
ITEM #32 - Contract for purchase of real propertv with The Salvation Army, 900'Pierce
Street" Coachman Heights Revised Sub., Blk A, west 100' of south 20', m.o.!. of Lot 3 and
west 100' of Lot 4 less street, for $100,000 plus est. expenses of $12,000 for
environmental audits & $1,875 for boundary survey & closing costs, for total not to exceed
$113,875 (PW)
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This property is one of four separately owned parcels the City needs to acquire for
the "Town Pond" in the block bounded by Park Street on the north, Ewing Avenue on the
east, Pierce Street on the south and Pros'pect Avenue on the west. The Salvation Army
has agreed to sell the property for its current market value of $100,000 as determined by
an independent appraisal performed by James M. Millspaugh, MAl, dated July 29, 1998.
The City will have 60 days following approval of this contract to conduct environmental
audits and other investigations to determine additional costs this purchase may generate.
If these costs are unreasonable, the City may, among other options, terminate the
agreement upon written notice to the seller within the 60.day due diligence window. Staff
will continue to work with other owners within the block to purchase their properties at
prices supported by professionally performed independent appraisals. The subject property
is improved with a masonry and glass 4,797 square foot "storefront building" constructed,
in 1956. If the Town Pond project should not be undertaken, the building would be
suitable for a variety of interim uses by'the City, or provide value for future resale. Funding
is to be provided from bond proceeds as anticipated in the results of the Utility Rate Study.
Any financial resources required to be used prior to issuance of the bonds will be provided
by a l.oan from the consolidated cash pool.
An opinion was expressed the contract should be contingent on the purchase of the
surrounding properties. Rich Baier responded the Economic Development office is bringing
forward contracts for the purchase of three additional parcels that are crucial to the project
and represent the majority of the remaining property needed. Some of those negotiations
(H't were concluded today.
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Commissioner Clark moved to approve a contract for purchase of real property with
The Salvation Army, 900 Pierce Street, Coachman Heights Revised Sub., Blk A, west 100'
of south 20', m.o.!. of Lot 3 and west 100' of Lot 4 less street, for $100,000 plus
estimated expenses of $12,000 for environmental audits and $1,875 for boundary survey
and closing costs, for a total not to exceed $113,875. The motion was duly seconded and
carried unanimously.
ITEM #33 - AQreement with Harvard Jollv Clees Tappe Architects, Inc., for basic
($828,750) & additional ($275,614) architectural and engineering services for new Main
Library, for a total $1,104,364 (PWI
This agreement, by and between Facilities Development, Department of
Management Service, State of Florida, (Agent for the Owner) City of Clearwater, (Owner),
and Harvard Jolly Clees Tappe Architects, Inc. (HJCT), is for the architectural and
engineering (AlE) services necessary to provide construction documents as well as bidding
services and construction phase services for the new Main Library. The fees associated
with this agreement are based on a construction budget of $9,750,000. The total budget
for this project will be $12,000,000, and includes basic and additional AlE services,
construction, Sta~.e of Florida Department of Management Facilities Development Division
(FD) services, and a 10% construction contingency. The agreement was negotiated for the
City of Clearwater with the assistance of State of Florida, Department of Management,
Facilities Development Division. The Basic Services portion of the agreement includes the
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It was noted there has been previous discussion regarding a 90,000 and 112~OOO
square foot library.
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Programming, Conceptual Schematic Design, Schematic Design, Design Development~
Construction Documents, Bidding~ and Construction Phases. The Additional Services
portion of the agreement includes the Interior Design, Library Design Consultant, Landscape
Consultant. Technology Consultant, Acoustical Consultant, Graphics & Signage,
Environmental Assessment, Gootechnical~ Survey, RE'nderings, Travel Allowance and
Miscellaneous Allowances for the project. The agreement between Robert A.M. Stern
Architects team (RAMSA) and HJCT will be executed upon approval and execution of the
City's agreement with HJCT. The fees to be paid by HJCT to RAMSA total $299,450.
RAMSA's portion of the basic services will be $138,450. Additional services from RAMSA
will inClude Design Consultation for $100,000; Interior Design for $30,000; Renderings for
$13,000 and Travel Expenses not to exceed $18,000. The project duration will span
several fiscal years.
Deputy City Manager Rick Hedrick said the $9.75 million estimated construction
cost would build a 70,000 square foot main library at an estimated cost of$130 per square
foot. The current Penny for Pinellas allocation for the library is $12 million. To construct a
70,000 square foot library, the City would have to appropriate at some point an additional
$1 .5 to $ 2 million to cover costs of borrowing the $1 2 million. While staff feels $9.75
. million for a 70,000 square foot library is the optimum plan, the contract does not lock the
City into 70,000 square feet. As examination of library programming proceeds, if a smaller
or larger size is chosen, the AlE services fee would be adjusted.
In response to questions, it was indicated the decision whether or not to have a
freestanding library will be made during the programming phase with the architects. Any
adjustment to building programming done by prior consultants would be done by Quality of
Life Administrator Arlita Hallam in consultation with the architects. As information
regarding sites, programming options, and square footage demands becomes available, Dr.
Hallam and HJCT will coalesce this information into a recommendation. The Commission
will determine the' final uses and square footage to accommodate those uses.
Discussion ensued regarding calculation of AlE fees for the Basic and Additional
services outlined above. Fees for the Conceptual Schematic Design and Schematic Design
phases were indicated to be $161,000. Clarification of the indemnification clause was
requested. Discussion ensued regarding fee percentage related to scope of work, and
amount spent on consultant reports. Concerns were expressed with exceeding the $12
million in Penny for Pinellas funds approved for the library. It was indicated $1 2 million
including borrowing costs would only build a 55,000 square foot library; the current library
is 50,000 square feet. Without borrowing, construction would have to wait until 2007.
In response to a question, Finance Director, Margie Simmons projected construction
cost inflation at approximately 3% per year. Waiting until an out year would likely cost
more then financing the project now.
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It was noted the Commission established a new main Ilbrary as its 112 priority on the
Penny for Pinellas project list.
There was discussion regarding borrowing an amount sufficient to immediately build
a 90,000 square foot library; 2) delaying the library for a few years until the City gets the
funds to build; and 3) approving the schematic and site now to give citizens confidence
that the City is proceeding.
Three persons spoke in support of building a 90,000 square foot library, adequate to
accommodate the current population and projected growth in library use. Library
Foundation and Friends of the Clearwater Library representatives noted that having a
signature building designed by architects of this caliber will attract donors and promote
fund raising efforts. '
In response to a question, Dr. Hallam indicated to date a total of approximately
$54.000 has been spent on consultants' reports regarding the library.
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A recommendation was made to spend $1 61,000 on the schematic design phases
at this time. Clarification was requested of what the City will get for $161,000. It was
indicated site issues, space needs, schematic design and elevation drawings would be
addressed. The library architects would work with Mr. Siemon on integrating the library
into the downtown plan. Concern was expressed no money has been allocated for land,
and too many questions remain unanswered. In response to a question, it was indicated
the $161,000 would come from Penny for Pinellas dollars and the $1.2 million for library
, design is in the current budget. The Duncan Webb consultant report was requested as soon
as it becomes available. ,
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Commissioner Hooper moved to approve architectural and engineering service fees
for the schematic design phase of a new Main Library in an amount not to exceed
$161,000. The motion was duly seconded and upon the vote being taken, the motion
carried unanimously.
ITEM #34. Client Aaencv Aareement with Florida Department of Manaaement Services,
Facillties Development Division, for Program Management Services for new Main Library,
$170,626 (PW)
The City wishes to retain the services of the State of Florida Department of
Management Services Facilities Development Division (FD), as permitted by Chapter
255.31, Florida Statutes, for providing program management services for the new Main
Library. The FD has provided similar services to the various branches of State government
for many years. Their clients have included universities, junior colleges, local school
boards, the correctional system, etc. Recent legislation has allowed local municipalities to
use the services of the FD for building construction projects. The FD will provide the
following services: Direction/consultation to the architect/engineer in the conceptual
schematics phase, the construction documents phase, the bidding phase and the
construction phase; prequalification and selection of contractors and subcontractors,
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Commissioner Seel moved to authorize execution of Highway Landscape
Maintenance Memorandum of Agreement with FDOT for beautification of pilot corridor
along SR60 (Gulf to Bay Boulevard) to be performed by the City. The motion was duly
seconded and carried unanimously.
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contractor fee negotiations, contractor contract preparation and execution, contractor
design phase services, contractor construction phase serviecs and contract closeMout
services. , The FD negotiated the agreement for Architectural/Engineering (A/E) services for
this project. Their involvement in this phase of the project saved the City approximately
$695,000. The original A/E services quote was approximately $1,800,000. The
negotiated agreement is in the amount of $1,104,364. The project duration will span
several fiscal years. The FD's fee is 1.42% of the project budget.
In response to questions, it was indicated the contract with the State is to provide
assistance regarding site allocation issues. The State office works to make square footage
in buildings more usable.
Commissioner Seel moved to approve $17,000 for the Client Agency Agreement
with the Florida Department of Management Services, Facilities Development Division, to
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assist in the first phase'of a new main library. The motion was duly seconded and carried
unanimously.
ITEM #35 - Res. #98-58 - ALithorizing execution of Highway Landscape Maintenance
Memorandum of Agreement with FOOT for beautification of pilot corridor along SR60 (Gulf
to Bay) to be performed by City (PW)
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The revitalization of Gulf-ToMBay Boulevard is a key component in the City's One
City. One Future. blueprint. As Clearwater's "Grand Boulevard," enhancing the Gulf-To-
Bay,Boulevard corridor will make a positive impression on visitors and residents. The
Florida Department of Transportation (FOOT) requires a Memorandum of Agreement to
, allow landscaping within their right-ofMway.
The City Attorney presented Resolution 98M58 and read it by title only.
Commissioner Hooper moved to adopt Resolution 98-58 and authorize the appropriate
officers 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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ITEM #36 - Other Pendina Matters - None.
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CITY ATTORNEY REPORTS
ITEM #37 - Res. #98-57 - Demolition lien - 1108 N. Greenwood Ave., Greenwood Manor,
~ot 4 less road and part of Lot 5 (Raybon R. Curtis, Alvin G. Curtis)
The City Attorney presented Resolution 98-57 and read it by titre only.
Commissior.er Clark moved to adopt Resolution 98-57 and authorize the appropriate
officers 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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ITEM #38 - First Readinn Ord. #6350-98 - Relating to Beautification Committee, amending
Sec. 2.102 to reduce number of members from nine to seven
In response to a question, City Attorney Akin said currently board vacancies exist,
so it will not be necessary to remove anyone.
The City Attorney presented Ordinance 6350-98 for first reading and read it by title only.
Commissioner Seel moved to pass Ordinance 6350-98 on first reading. The motion was duly
seconded, and upon roll call, the vote was:
(8
"Ayes": Johnson, Clark, Hooper, Seel, and Garvey.
"Nays"; None.
ITEM #39 - Other City Attornev Items
The City Attorney requested an attorney-client session regarding Timm vs. City of
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Clearwater. Consensus was to schedule the session on Monday, December 7, at 9:00
a.m. before the work session.
ITEM #40 - City Manacler Verbal Reoorts
The City Manager reported Sam's Club has received a $300 grant for ,the Gulf-To-Bay
corridor improvement project.
ITEM #41 - Commission Discussion Items
a) Referendum requirement for revenue bond issues
The existing Charter provision for Revenue Bond limitations states: "Such ordinance
shall in addition contain a provision requiring that revenue bonds for projects in excess of
one million dollars shall be put to public referendum with the exception of revenue bonds
for public health, safety, or industrial development and revenue bonds for refunding." The
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This item was continued to December 10, 1998.
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City's bond attorney, Bob Reid, stated the Charter limits imposed on Clearwater are unique
in his experience, and he thought Clearwater might be the only City with such
requirements. Removal of the limitation on issuance of revenue bonds without a
referendum would effectively eliminate any validation requirement based upon the kinds of
bond issues the City has historically done. This would result in time and cost savings. If
pledging ad valorem taxes, a referendum is required unless it is a refunding of an ad
valorem issue with interest rate savings. Revenue bonds are already limited in that the
revenue stream determines the amount that can be borrowed. All issues with which the
Commission has wanted to proceed during the past 15 years have passed the validation
hearing based upon the exemption of "public health, safety, or industrial development."
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Finance Director Margie Simmons reviewed discussion points related to Monday's
word discussion regarding bond validation. The options available to the Commission are:
1) leave the provision as it is (continuing validation procedures for bonding projects that
meet the exception criteria); 2) raise the dollar limitation (the majority of bond issues are in
the $8 million range or greater); or 3) eliminate the provision. Any non-ad valorem bond
issue the City Commission approved could be issued without time delay or additional cost,
provided the revenue stream is sufficient. Any bond issue can be taken to referendum if
the City Commission so desires. Ms. Simmons noted the Charter Review Committee
recommends eliminating the provision. In response to questions, she stated by eliminating
the provision, the city will realize savings by reducing staff time and the bond attorney's
travel costs. She estimated she and the City Attorney have devoted more than 200 hours
. to bond validation issues.
Commissioner Clark moved to eliminate the referendum requirement for revenue
bond issues as recommended by the Charter Review Committee. The motion was duly
seconded and upon the vote being taken, Commissioners Clark and Hooper and Mayor
Garvey voted "Aye"; Commissioners Johnson and Seel voted "Nay." Motion carried.
This issue will go before the voters in the March 9, 1999 election.
b) Taking position re Pinellas County Charter Revisions re increasing County Commission
membership & future revisions not going to State Legislature
ITEM #42 . Other Commission Action
Commissioner Clark thanked Linda Smith and Clearwater High School students for
their warm hospitality and good questions. Mayor Garvey agreed bringing government to
children is exciting and hoped a teacher would sponsor government week.
Commissioner Hooper thanked Duke Tieman and the South Greenwood group for
inviting him to their dinner last night.
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Mavor' Garvev reported she will be unable to attend the December 2; 1998 Mayor's
Council meeting and announced Farmer's Market downtown on Saturdays. '
Commissioner Seel provided a MPO (Metropolitan Planning Organization) update,
, ' stating $2.5 million was' budgeted for a multi~modal facility, and $57 million was allocated
for right-af-way in the Links Project on Courtney-Campbell Causeway. She will continue to
traqk and report.
ITEM #43 - Adiournment
The meeting adjourned at 1,1 :58 p.m.
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