07/29/1996 (2)
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WORKSESSION
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Present:
. Rita Garvey
J. B. Johnson
Robert Clark
Ed Hooper
Karen Seel
Elizabeth M. Deptula
Kathy S. Rice
Pamela K. Akin
Cynthia E. Goudeau
Patricia O. Sullivan
Mayor/Commissioner
Vice-Mayor /Commissioner
Commissioner.
Commissioner
Commissioner (departed at 3:50 p.m.)
City Manager
Deputy City Manager
City Attorney
City Clerk
Board Reporter
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CITY COMMISSION WORK SESSION
CITY OF CLEARWATER
July 29, 1996
. The meeting was called to order at 9:00 a.m. at City Hall.
Service AwarQ~ ~ None.
The Commission recessed from 9:01 to 9:02 a.m. to meet as the Pension Trustees
and recessed from 9:02 to 9:22 a.m. to meet in attorney/client session regarding Painter
versus the City of Clearwater.
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PRESENTATIONS
Information Collection Rule - Charlotte Smith
The City Manager said the City must comply with the federally mandated ICR
(Information Collection Rule). She introduced City consultant Charlotte Smith, President of
CS&A (Charlotte Smith & Associates. Inc.), and indicated Ms. Smith is also the consultant
to Pine lias County regarding this rule.
Ms. Smith said the EPA (Environmental Protection Agency) rule affects all cities
with populations above 100,000. Molecules containing TOe (Total Organic Carbon) are
present in all surface water and groundwater in Florida. The byproduct of disinfecting
TOCs with chlorine is a DBP (disinfection by-product). OSPs are believed to cause cancer
at certain levels. Regulations are in place to contain OBPs and lower TOe levels.
Currently, EPA cannot set a maximum level for disinfectant residual in distribution systems
until a benchmark is established. Data collection obtained by this rule will be used to
develop enhanced surface water treatment rules and Phase II disinfectant by-product
regulations. The City will collect TOC and DBP data. Some drinking water utilities will
perform pilot projects. Basic requirements include: 1) initial TOe monitoring; 2) TOC,
microbial & OBP monitoring; and 3) bench or pilot studies.
On May 31, 1996, the EPA mailed each utility a letter describing wholesale and
retail flows and population. They will send a letter of applicability and a list of sample
parameters and locations. The EPA is developing the sampling plan: Step 1 ~ check the
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The City Manager noted Ms. Smith will help write the EPA rules and will be in the
forefront of rule. development. In response to a question. Ms. Smith estimated startup
costs at $50,000 with treatment studies in the $100,000 range. She indicated no grants
are available to help pay for this project. Concern was expressed bench pilot studies will
not correct the problem. Ms. Smith said this study will determine what steps must be
taken. The City Manager estimated the treatment plan eventual1y will cost millions of
dollars. Concern was expressed companies selling bottled water are not required to
participate in this study. The City Manager said staff will be coming back for approvals as
. needed. She indicated the cost of water will increase significantly.
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sampling schematic; 2) determine which parameters need to be tested; 3) determine
distribution locations; 4) determine sampling locations and sampling taps; 5) determine
who will collect samples; 6) determine who will analyze samples; 7) collect process data
on forms; 8) determine who will enter data into ICR software; 9) obtain software training;
and 10) troubleshoot the plan. Afterwards, EPA will approve the sampling plan, the utility
will start monitoring, and forward data to the EPA on disks. Bench or pilot studies will be
triggered by TOCs. The ICR schedule runs through 2000 and includes 1) promulgation; 2)
response to notification; 3) TOC analyses; 4) creation of sampling plan; 5) approval of
sampling plan; 6) ICR monitoring; 7) data submission: 8) treatment studies; and 9)
submission of treatment report in mid-year 2000. Monitoring is scheduled to begin in early
1997 with bench and pilot studies in mid~1997. She estimated the ICR will cost the City
between $82,000 and $890,000.
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The Commission recessed from 10:52 to 11 :05 a,m.
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FN FINANCE
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Aoorove settlement of insurance Dolicv claim of City vs. American Centennial Insurance
Comnanv by said company buying back its policy for $50,000. through use of document
entitled Commutation and Policy Release, with the funds being returned to the Clearwater
Gas System
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The City has owned the property at 400 N Myrtle Avenue since approximately
1929 where a manufactured gas plant was located until 1960. On August 13, 19'82,
American Centennial Insurance Company or one of its affiliates issued policy #CC005846.
Broad Form Comprehensive General Liability, including spill cleanup expense, where
sudden and accidental. American Centennial incurred no obligation to pay a claim unless
and until the limits of all other applicable insurance policies were paid and fully exhausted.
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FDEP (Florida Department of Environmental Protection) has identified the City as a
potentially responsible party for the Site and has alleged that certain substances released
into the environment at the site in connection with the manufactured gas plant have
caused environmental property damage.
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The City has employed Orlando law firm, Akerman, Senterfitt & Eidson, P.A" to
represent the City regarding FDEP and EPA allegations. The law firm also reviewed several
old City insurance policies and made a claim on behalf of the City against American
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MR, MARINE
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Centennial Insurance Company and other insurance companies that had written liability
insurance policies. The law firm's negotiations with American Centennial have resulted in
a proposed settlement to the City of $50,000 and a release from further liability under the
insurance policy.
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It was questioned if this policy would have covered additional areas of liability in the
future. Risk Management Specialist Jon Marcin said the insurer is in receivership and
offered to buyout the policy for $50,000. He was not aware of any other liabilities this
policy would address as it is an exclusion policy. American Centennial is interested in
closing out their books. In answer to a question, Mr. Marcin did not know the cost of the
premium. It was stated the State would cover the policy if the insurer is in receivership.
The cost of legal fees was questioned. Mr. Marcin said $63,000 of the $65,000 approved
in September 1995 had been spent. He indicated cleanup costs have not been
determined. The State will determine what needs to be done. Other policies do not
exclude environmental damage and should cover the cleanup. The City Attorney said it
may not be that simple. The firm did the studies for the City. Estimated costs cover the
whole project. Concern was expressed the settlement states it must be confidential. The
City Attorney indicated the insurance company understands all City business is subject to
public records' law.
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White Pacers on Marina Buildina Lease Aareements
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The City Manager referred to White Papers on the four Marina Building Lease
Agreements that will expire on September 30. 1996. and requested policy direction
regarding the proposed requirement for employees of Marina tenants to park in the Civic
Center lot. The City also proposes to require the restaurant to make major renovations.
Harbormaster Bill Held said tenants are required to pay all taxes and insurance and provide
parking. He recommended all new leases include CPI (Consumer Price Index) increases
every January 1.
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In reference to the restaurant, Mr. Held said other tenants have made major
renovations to their space. The restaurant has not. He said the expiration of that lease
provides the City the opportunity to require some major improvements. The City Manager
said staff has determined a restaurant is a desirable asset for the Marina. If the current
tenant does not want to negotiate terms for the lease, she recommended issuing a RFP
(Request for Proposals).
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Concern was expressed the percentage of increases for the four proposed leases
differs dramatically. Mr. Held indicated the Coast Guard space is similar to a closet.
Regarding the other space. he said a Marina Rental Rate Survey and Retail/Office Survey
conducted by Urban Economics, Inc., indicate an upward trend in rates. He said a survey
by Measure Masters indicates the square footage listed in old leases is incorrect. Staff is
recommending a 44% increase in the restaurant's rate plus renovations. If the restaurant
is willing to renovate their facilities, Mr. Held recommended considering a lease longer than
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PW PUBLIC WORKS
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5 years. In answer to 8 question, he said the rate will be adjusted if the restaurant does
not continue to use several small rooms.
Consensus was for staff to start discussion with the four tenants and come back
with thair proposals.
Regarding the beauty salon, it was questioned if the current lease charges market
rate. Mr. Held said the survey indicated the current charge is in line with area rentals but
an upward trend is occurring. Concern was expressed the proposed increase is 28%. It
was hoped incremental CPI increases will stop future dramatic increases. It was felt the
City is telling the restaurant they are not wanted with this proposal for higher rates. Mr.
Held indicated the restaurant has been a good tenant and has not had a rate increase for 5
years.
It was noted no CPI is proposed for the Coast Guard. Mr. Held said the Coast
Guard is a Federal Agency and requires a 5.year fixed rate. They will pay $11.50 a square
foot.
Staff will bring the leases back to the City Commission for approval.
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Contract for 3/4" #57 Aqareaate to Florida Crushed Stone Comoanv. Leesburg, FL, for the
period 10/01/96 -09/30/99, for an estimated annual cost of $16,905 or $50,715 for 3
years, plus delivery charge of $5.25 per ton for 10/01/96 -09/30/97, at an estimated cost
of $11,025 (estimated total $61.740)
The Public Works Department has an annual requirement for approximately 2,100
tons of 3/4" #57 Aggregate used in making cement. Florida Crushed Stone submitted the
lowest price per ton for a 3-year period. Including a delivery charge, this bid was lowest.
Due to the fluctuation of fuel costs. Florida Crushed Stone could not commit to the
delivery charge for more than 1 year. The delivery of the aggregate will be resubmitted for
bid for the following years.
In answer to a question, the City Manager said costs were separated for future
bidding. The City can contract with another delivery carrier after one year if Florida
Crushed Stone's delivery charge becomes unreasonable.
SW SOLID WASTE
(Cont'd from 07/18/96) First Readina Ord. #6059-96 - abolishina oermitting of Drivate
haulina comoanies to orovide roll-off service in Clearwater; establishing Clearwater Solid
Waste Deoartment as roll-off service orovider effective 10/01/96: amending schedule of
fees. rates & charges to provide Sec. XXIX for Solid Waste Dept. rates; establishing rates
for roll-off service in Clearwater
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The City Commission previously directed CSW (Clearwater Solid Waste
Department) to operate as a business and seek customers, In January, CSW
recommended and the City Commission approved providing roll-off service in the City and
purchasing two roll-off trucks. CSW has notified private hauling companies holding City
permits that the permits will expire on September 30, 1996, and no new permits will be
issued.
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Previously. Clearwater has not provided roll-off service. The City's practice was to
accept applications from private hauling companies and issue permits authorizing them to
provide roll-off service in Clearwater provided they paid a 15% surcharge on the total
amount billed.
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CSW received the first 2 roll-off trucks and will need 2 more to service all
containers. The 2 additional trucks and drivers are included in the FY (fiscal year) 1996/97
budget recommendation. An Interlocal Agreement was approved with St. Petersburg and
Largo for mutual support of solid waste operations. The agreement will provide roll-off
back-up support and debris clearance during emergencies. The Interlocel Agreement is
being presented to the City Commission for approval.
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The proposed ordinance abolishes the permitting procedure for private hauling
companies to provide roll-off service, establishes procedures for CSW to provide roll-off
service, amends Appendix A. Schedule of Fees, Rates and Charges of the Code of
Ordinances to establish charges for roll-off services in Clearwater, and creates section
XXIX as a separate section for solid waste system rates.
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In answer to a question, Solid Waste Director Bob Brumback said it is difficult to
determine how profitable roll-off services are for the cities of St. Petersburg and Largo due
to their accounting methods. He estimated St. Petersburg's roll-off income is
approximately $2-million. He said he used a conservative estimate regarding the number
of pulls a truck can do in a day. He felt the City can meet market demand, noting St.
Petersburg and Largo will provide back up. He said the City can rent equipment if
necessary. The trucks are paid for in 5 years and have a life expectancy of at least 7
years. This service will not require additional supervisors or administration expenses. He
reported the City Commission directed him to proceed in this area in Fall 1995. ConCBrn
was expressed the City Commission had not directed staff to do away with competition.
. Mr. Brumback said the plan presented to the City Commission in February 1996, proposed
to take over all roll-off services in Clearwater. He said private companies do not have the
right to compete for the solid waste stream which belongs to the City's unified utility. Up
to this point, the City had allowed their participation with one-year permits. Mr. Brumback
said the City needs revenue from the entire solid waste system to keep rates down for
Clearwaterts citizens.
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In response to a question, Mr. Brumback said if the City Commission does not
approve this item, the City could compete against private companies or sell the trucks. It
was questioned why RFPs were not distributed for roll-off service. Mr. Brumback said a
popular concept is that private industry can provide services at a lower rate than the
government. He said a previous City Commission had directed staff to bid for the City's
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recycling business. Based on high productivity standards, the City won the bid. He noted
recycling is State mandated and is not a cost effective program. As roll-off services
produce high revenues, he questioned why the City would want allow others to receive
City profits. It was suggested the City should strive to provide its users with the lowest
possible price. Mr. Brumback said that would be the case if the City provides this service.
He indicated his proposal assumes no growth on revenues and a 4% increase in
expenditures.
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Recommended rejection of both RFP oroDosals to ooerate the Beach Welcome Center and
terminate current month to month agreement with the Greater Clearwater Chamber of
Commerce for operation of Beach Welcome Center in the Memorial Civic Center
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The Greater Clearwater Chamber of Commerce has operated the Beach Welcome
Center since 1978 with an agreement to pay the City $1 per year for use of the City-
owned space. On May 31, 1996, the Welcome Center lease agreement with the Greater
Clearwater Chamber of Commerce expired and the City Commission directed staff to issue
a RFP (Request for Proposals) for management proposals.
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Pending the outcome of the RFP, the City Commission agreed to continue the
current level of service on a month-to-month basis, paying the Chamber $2,675 per month
beginning June 1, 1996. On June 25, 1996, the City received proposals from the Greater
Clearwater Chamber of Commerce and the Clearwater Beach Chamber of Commerce.
Based on a system of rating points, the RFP review committee assessed the proposals and
determined them to be unacceptable.
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According to the Greater Clearwater Chamber of Commerce.s proposal, the cost of
visitors' services to the City would range from $35.000 for basic services to $99,500 per
year for added services and increased hours of operation. This proposal did not include
revenue generating services that could reduce the City's costs. The proposal increased the
City's cost of basic services from no cost to $35,000 annually.
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The Clearwater Beach Chamber of Commerce proposal provided no financial
background data as requested. This chamber has no visitors' center experience.
According to the proposal, visitors. services would be provided at no cost to the City as
long as the visitors. center includes main office space for chamber business.
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Staff attempted to negotiate with both chambers for a joint proposal to operate the
center but was unsuccessful. Staff recommends the City provide brochure racks and
visitors' information on an interactive kiosk in the Marina and Memorial Civic Center lobby
pending development of a new visitors. center facility as part of the Beach Redevelopment
plan.
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Deputy City Manager Kathy Rice indicated C-View TV broadcasts daily
programming each morning on activities available on the beach. She said staff will
continue to work with both chambers of commerce. In response to a question, Tourism
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Director Jean Sherry estimated the kiosk will cost $7,500. She anticipated the cost to
update the kiosk and brochure racks would be minimal. Ms. Rice estimated a new facility
could be ready in two years. Ms. Sherry said hotel cards advertising C-View TV are almost
finished. She indicated the chambers of commerce could continue to provide tourist
services as part of their regular function. Ms. Rice noted staff opposition to the City
paying for services previously provided by the chambers. She noted the Beach Chamber of
Commerce wanted to use the Welcomo Center for their chamber offices. She indicated
the Police substation could be located in that space, lowering proposed renovation
expenses for space in the break away room behind the Jolley Trolley offices. The City
Manager said reopening the beach Welcome Center may depend on redevelopment
decisions. Ms. Rice recommended revitalizing the look of the area and providing better
services. Neither proposal includes such plans.
Reports were requested regarding anticipated costs for the Police Department to: 1)
relocate to the Welcome Center space; 2) relocate to the break away room space in the
Civic Center; and 3) renovate the current substation.
CP CENTRAL PERMITTING
Public Hearina - modification of site Dlan condition #5 (to allow Wal-Mart to remain ooen
24 hours Der day & 7 days oer week) related to CPO Zoning approved on 12/1 9/91 for
property located at 23106 US 19N, Loehmann's Plaza Replat, Lots 1-3, Loehmann's Plaza,
Lot 1, subject to conditions (Wal-Mart Stores, Inc. / David B. Taheri, TRE (Taheri Family
Trust) / Kinko's of Georgia, Inc. I Brandon Nu-West Clearwater, Ltd., Z96-08)
On December 3, 1991, the Planning & Zoning Board considered a request at a
public hearing to amend the Zoning Atlas trom Commercial Center to Commercial Planned
Development and reviewed a Master Site Plan. The board recommended endorsement ot
the request to the City Commission subject to 13 conditions, On December 5, 1991, the
City Commission unanimously approved the request subject to the 1 3 conditions and
passed Ordinance #5145-96 on First Reading. Conditions of approval have been met
except for the trees and shrubs that died last winter. According to the Environmental
Department, the applicant has replaced some of the plants.
The Planned Development Site Plan Condition #5 states hours of operation shall be
from 9:00 a.m. until 9:00 p.m., seven days a week, except extended hours of operation of
7:00 a.m. until 11 :00 p.m. may be permitted for special events for up to 10 days per
calendar year (Wal-Mart only). The applicant now proposes to operate the store 24 hours
per day, seven days a week to meet the needs and preferences of customers who work
days and prefer to shop before work or late evenings when stores are not crowded.
The subject property has apartment complexes to the North and South and single
family residential properties to the West across a 234-foot wide Florida Power right-ot-way
easement. Similar facilities such as Albertson's, Kash-N'-Karry, and commercial facilities
such as I<inko's Copy Center and the International House ot Pancakes operate 24 hours a
day. The Police Department has indicated area police activity is consistent with the
property's use. Residential neighborhoods are far from the subject property. The parking
mws07b.96
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Mobile Home Park Policy Document
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lots wlll be more active with the new hours of operation, reducing the likelihood of t1after-
hour" criminal activities.
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On July 16, 1996, the Planning & Zoning Board unanimously approved the request
to deletB Condition #5 and to add conditions: 1) dumpster service shall be prohibited
between 9:00 p.m. and 9:00 a.m.; 2) landscaping shall be maintained continuously,
especially along the site's West side: 3) all site lighting shall be equipped with a 90 degree
cut~off mechanism, with the light being directed downward and away from the adjoining
residential properties and street rights~of~way prior to issuance of the requisite
occupational license; and 4) there shall be no refrigerated or other vehicles that must be
parked in a running condition West of the Wal-Mart building's East wall between 9:00 p.m.
and 9:00 a.m.
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Central Permitting Director said the Planning & Zoning Board recommended the
conditions to address concerns expressed by those who oppose this change. Concern was
expressed Wal-Mart has not complied with conditions in the original agreement. Mr.
Shuford said the landscaping has been reinstalled. He agreed the store has not complied
with the hours of operation. Concern was expressed Wal-Mart is not complying with pick'
up and delivery restrictions. In response to a question, Mr. Shuford said site plan
conditions normally are not approved on a short term basis, The City Attorney agreed that
type of action would be very unusual.
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Variance(s) to Sian Regulations for orooertv (Clearwater Professional Center) located at
600 Bypass Dr., Sec. 18-29~16, M&B 41.08 (Romark Investments, Inc. I Fred Arnold, Inc.,
SV96~15)
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This property between Gulf~to-Bay Boulevard and Druid Road is on the West side of
Bypass Drive and is zoned General Office. The applicant requests a 34-square foot area
variance from the permitted 56 square feet to allow a total of 90 square feet of attached
sign area. Each of the two current attached signs has an area of 45-square feet. The
variance request is for these signs to remain.
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It was requested that staff report on how long these signs have been out of
compliance and if it would be appropriate to petition to change the street's name.
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Staff has completed a study of MHPs (mobile home parks) within the City's
jurisdiction and planning area. The report inventories the 40 separate MHPs, examines the
potential conversion factors, and proposes specific policies. Main findings are: 1)
conversion of any of the MHPs in the City's Planning Area depends on the ownership
pattern (i.e., conversions are less likely if the park is a co-op or if homeowners own their
own lots); 2) the condition of homes and the park; 3) and surrounding zoning designations.
Three sites currently are under conversion.
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Staff recommends adopting a Commission'policy that references the MHP Policy
document, establishing it as the mechanism to direct staff actions regarding mobile homes.
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mws07b.96
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Mr. Shuford said when conversions started, staff began to develop a policy to
identify potential conversions and to direct staff regarding handling conversion requests.
Central Permitting Manager Sandy Glatthorn indicated staff is requesting City Commission
direction regarding City policy for future conversions.
In reference to proposed Policy 2.1, it was questioned why the City must determine
that adequate MHPs or other suitable facilities exist for the relocation of mobile home
, owners. Ms. Glatthorn indicated State law requires the City to make that determination.
The City Manager said the City makes the determination based on information provided by
the MHP owner. In response to a question, Mr. Shuford said mobile homes provide a small
percentage to the City's affordable housing needs. He indicated the number of parks has
remained fairly consistent during the past decade. It was noted conversions are difficult
for MHPs locatod away from commercial zoning. In answer to a question, Ms. Glatthorn
said previous conversions were permitted for MHPs similar to Lakeside. Mr. Shuford said
research indicates poorly maintained MHPs are more likely candidates for conversion. The
policy's authority was questioned. Mr. Shuford said the policy would provide staff with
concrete orders to discuss with potential applicants. It was felt this policy provides a
message to MHP residents that the City Commission is not trying to get rid of MHP parks.
Ms. Glatthorn said staff worked with the Federation of MHP Owners regarding the
proposed policies.
Consensus was to prepare the document for adoption.
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Clearwater Beach Community Redevelooment District
The City Commission recently received a report evaluating redevelopment potential
of the "South Mandalay" area of Clearwater beach. The consultant projected a number of
specific benefits of redevelopment. The Commission directed staff to prepare
supplementary information regarding the establishment of a CRA (Community
Redevelopment Agency) district on Clearwater beach. CRA steps for approval: 1}
consultant determines need; 2) CRA composition determined; 3) CRA area determined; 4)
CRA sunset date determined; 5) contact Pinellas County; 6) prepare CRA plan; 7} CRA
plan approved; and 8) RFPs prepared for projects listed in plan. The City would expect a
consultant preparing the determination of need for a CRA to address: 1) traffic circulation
inadequacies, including pedestrian access; 2) age and functional obsolescence of tourist-
related buildings; 3) off~/on-street parking inadequacies; 4) land assembly issues; 5}
incompatibility with code requirements; 6) public safety; and 7) other issues identified by
the consultant. If warranted by determination of need, the CRA plan would require public
input, financial forecasting, and a determination of public/private partnerships.
The City Manager reported she has called the Pinellas County Administrator
regarding this issue but has not talked with him yet. In response to a question, the City
Manager said the entire beach will be inventoried in the study to determine the best size
and location of the CRA. In answer to a question, Mr. Shuford said the two eliminated
"fingersH are Single-Famify Residential. He estimated the study will cost in the $10,000 to
$20,000 range. Concern was expressed the General Fund would lose substantial tax
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revenues if the City Commission determines a eRA is warranted. The City Manager said
the City Commission must make decisions before that determination. It was questioned
how the City can proceed with the Mandalay Streetscaping project, estimated to cost
almost $1 ~million, while the CRA study is in process. The City Manager suggested Penny
for Pinellas funding could be used. She said approval of this item would only direct staff to
go forward with the study. Mr. Shuford recommended the study include a financial
forecasting component.
A report of the real estate value of the proposed CRA district was requested.
Information regarding Pinellas County's reaction to establishing a CRA on the beach with
TIF (Tax Increment Financing) was requested before the City Commission agrees to hire a
consultant. The City Manager indicated the study will not go forward if the County
opposes formation of a beach CRA. She anticipated the study would be completed by
January 1, 1997. Beach resident input was recommended. The City Manager noted a
CRA will not increase beach taxes. Mr. Shuford noted some residents have expressed
concern with the requirement to identify CRA districts as an area of slum and blight.
Consensus was to direct staff to prepare an agenda item authorizing a RFP for a
consultant to determine the necessity of redevelopment on Clearwater beach.
ReceiDt/Referral ~ lOCA oermittina Noncommercial Parking in Single Familv Residential
Districts as a conditional use (lDCA 96~12)
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The City currently does not permit noncommercial parking (free parking associated
with an adjoining nonresidential use) in Single.Family Residential zoning districts. Some
permitting delays for additions to institutional uses such as churches and hospitals and
limited redevelopment options for constrained commercial properties such as the FINA
Station on Gulf~to-Bay Boulevard have resulted. Pinellas County permits noncommercial
parking in all residential zoning districts. Clearwater has limited this use to Multiple-Family
Residential zoning districts.
Recent examples where land use plan or zoning changes were necessary to
accommodate parking expansion for institutional uses: 1) Clearwater Community Hospital;
2) Hellenic Orthodox Traditional Church of America; and 3) Mt. Zion United Methodist
Church. As proposed, noncommercial parking would be allowed by conditional use permit
only. The Planning & Zoning Board would be charged with ensuring compatibility
standards and site design requirements would be met on a case~by-case basis.
Mr. Shuford indicated the City had to amend zoning for Clearwater Community
Hospital to use property the hospital had acquired on Druid Road for parking expansion. A
conditional use provision restricts institutional parking on residential streets. In response to
a question regarding the FINA station, Mr. Shuford said redevelopment of that property
required rezoning and land use amendments, This adjustment would allow an option to
redevelop constrained property and permit parking on Single-Family Residential land.
Currently, the property owner must request rezoning to Multiple-Family Residential before
requesting conditional use approval. Requests will be viewed case-by-case. Approval will
be based on compatibility. He noted "commercial parking" collects fees,
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RV Parking at Harborview Center - Rules Review
The City Commission requested staff review RV parking rules for the Harborview
Center regarding their impact on community appearance issues. In his July 18, 1996,
memorandum, Barry Straffaci / Harborview Center' General Manager, said the rules are
difficult to evaluate as only 9 RVs have parked at the Center under these rules. He
recommended reviewing the RV parking rules in 18 months.
. Consensus of the City Commission was to extend the study for an additional 18
months.
Review of Downtown Parkina Fees
Staff is required to review regularly Downtown parking fees which developers pay
in lieu of providing parking and compare fee levels with market conditions. Current fees of
. $4,500 per space appear suffi,cient for general cost recovery should the City provide
parking under the fee program. Under the program, fees are "banked" for eventual
construction of public parking in at-grade lots and parking garages. To date, no developers
have utilized this fee. Staff recommends maintaining the current fee schedule.
In response to a question, Ms. Rice noted concern regarding the CRA (Community
Redevelopment Agency) subsidy for Checkers' parking at the Garden Street garage.
City Hall Renovations
On January 7, 1993, the City entered into a contractual arrangement with Rowe
Architects to provide certain renovations and code updates to the 25,000 square foot. City
Hall which was constructed in 1964. On June 20, 1994, the contract was amended. On
August 24, 1994, the City entered into a contractual arrangement .with general contractor,
Creative/Beers.
The City Commission approved a $500,000 construction budget, less landscaping
and irrigation work. The scope of architectural fees was part of overall contract funding
for construction of the Municipal Services Building, Police Department Headquarters, and
new Parking Garage. Expended funds total $55,258: 1) schematic design ~ $12,064; 2)
design development - $14,406; 3) construction documents ~ $27,088; 4) bidding/
negotiation phase - $1,700; and 5) construction/administration phase - $0. Creative/Beers
has received bids
Creative/BAers has received bids that will be expended and the approximate amount
of work that will be accomplished for the budgeted $500,000.
During the programming phase, certain areas and items were omitted or not
properly analyzed. Costs cannot be determined until specific direction is given to the
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Regarding fiber optics, the installation of fiber from the Municipal Services Building
to City Hall has been funded and is substantially complete. Costs include: 1) 12 ct. tiber
optic cable - $15,557.90; 2) a 4-inch conduit from the main conduit system and a 2-inch
EMT conduit - $69,945.50; 3) a 1? ct. (6-active, 6-dark) single mode fiber optic cable -
$14,462; and 4) Telecommunications and data line cabling inside the building was not
coordinated with the architect. The cost is estimated at $50,000. It is believed the outlet
cost was programmed in the Basic Cost developed by Rowe Architects and will be verified
prior to commencement of construction work. Cabling funded cost - $99,985.40, Cabling
Non-funded cost. $50,000.
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architect. The $500,000 budget will provide a minimal level of construction renovations.
Changes to the existing scope of work will incur additional architectural fees,
Acting Assistant City Manager Bill Baird reported the need to add three work
stations to the scope of work. The cost, and that of the architectural work, should be
covered by the $500,000. Additional construction costs will result from required
abatement procedures where construction tasks encounter asbestos.
Regarding tho HVAC (Heating, Ventilation, and Air-Conditioning), the system's main
components are in poor condition and have reached the end of their useful lives. The 22-
year old, 45-ton chiller is not functioning as the compressors, condensing coil, and
evaporator fans have failed. The 22-year old, 55-ton chiller has recurring maintenance
problems with the condensing coil and refrigerant cycle. The 32-year old air handler's
condensate pan is rusted and may not continue to be serviceable. Leaks in the chilled
water distribution system have required re~piping. Repair and replacement of system parts
frequently require the use of cranes. Replacing existing equipment will require auxiliary
work, including removing and replacing the roof. New chillers will require adapting existing
structural steel. The chilled and hot water piping and penthouse electrical wiring are 32-
years old and need to be redone. The project will take an estimated 4-weeks. The air
distribution system, installed during construction, contains major deficiencies but is
operational. Replacement will require excessive interior demolition. Staff recommends
replacing it soon. Estimated $487,000 non-funded cost: 1} HVAC $250,000 and 2)
Associated Work/ Fees - $237,000.
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Regarding the telephones, the City has purchased all the telephones and remote
fiber shelf required to add City Hall to the PBX in the Police Department. Additional truck
lines from GTE to support City Hall may be required. The main GTE telephone centra net
truck lines for City Hall are located in the old records storage shed at the north end of the
parking lot. Original City Hall programming did not include the shed which is a high
maintenance facility. A determination with GTE will be made if the telephone lines should
be put in a weather proof exterior box or run into City Hall. If this is feasible, cost
estimates will be submitted for relocating the phone lines and demolishing the shed.
Funding cost - $94,538.04.
Regarding computers and network equipment, the City has purchased the PCs but
not the network equipment (servers, routers, network software, Microsoft suite). Total
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07/29/96
Staff feels the $500,000 allotted for renovation will not add to the facility's life
expectancy but will bring the City Hall into Life Safety Code conformity plus some minor
renovations. Expending funds in the "non-funded" areas will make the operational aspects
significantly better. The HVAC equipment upgrade is the most important expenditure to
increase the life expectancy of the structure.
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funded ~ $162,494.12: 1) 65 computers purchased - $65,793 and 2) network equipment ~
$96,701,12.
Regarding Community Outreach, staff had requested a consultant to design a scope
of work for video and audio upgrades in the Commission Chambers. The City's architect
was not aware of the consultant's work and did not consider it during the programming
phose. Some additional cost may be involved in the architect's electrical and HVAC plans,
plus architectural fees. After the City Commission/staff select the equipment that fulfills
City needs, the exac~ cost can be determined. Estimates will be based on the quality and
type of equipment selected. Non-funded costs for video and audio range from $182,800
to $254,500 plus costs,for electrical, HVAC, architect, etc.
Funded costs to date subtotal $929,645.56: 1) basic code/minor renovations -
$500,000; 2) architect fees. $72,628; 3) contractor fees - none invoiced; 4) telephones -
$94,538.04; 5) fiber optics from Municipal Services Building - $99,985.40; 6) computers -
$65,793; 7) network equipment - $96,701.12; and 7) engineering/consultants/etc. - not
determined.
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Nonfunded costs subtotal $719,800: 1) HVAC system - $250,000; 2) HVAC
auxiliary work - $237,000; 3) demolition of shed - not determined; 4) relocation of main
telephone distribution feed. not determined; 5) interior data/telecommunications cabling -
$50,000; 6) video - $146,000 - $210,000; 7) audio - $36,800 - $44,500; 8) associated
construction/architectural fees. not determined; 9) landscaping - not determined; and 10)
irrigation - not determined. .
Mr. Baird said bids were $59,000 over budget. The $500,000 budget covers a
minimal level of construction to bring the building into compliance with safety codes. The
cost of dealing with asbestos is hard to estimate. He reported the duct work in the
building has never been cleaned and needs to be addressed. The shed is infested with
carpenter ants. Mr. Baird estimated it would cost $2,700 to demolish the shed and
$4,500 to renovate it. The shed will not be needed when the Police Department is
completed. He reported the installation of fiber optics was not coordinated with Rowe
Architects and the cabling is not funded.
Mr. Baird noted the contractor's fees are not included in the $500,000 budget.
Staff is researching the consultant fees from January 1993 to January 1994, as several
projects are included. He estimated costs for landscaping and irrigation will be minimal.
This project is not design/build. The City Manager noted the expenses addressed do not
address the building's plumbing or electrical needs. The $500,000 does not upgrade the
Commission Chamber, replace the cameras or chairs, or upgrade the roomts technology.
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mws07b.96
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The Work Session recessed from 12:33 to 2:29 p.m.
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The City Manager said the stair tower will not be attractive. Mr. Baird said an exit
from the Commission Chambers is required. An 8-foot hallway to the north wall will link
with a bridge onto a 3-story fire escape. The Fire Marshall had indicated an internal
stairwell will have to exit directly outside. The City Manager noted a fire tower would not
be necessary if the Chambers is moved to the first floor. In answer to a question, Mr.
Baird said he did not have an appraisal of City Hall. It was questioned if the City wants to
keep the building, noting minimum repairs are estimated to cost more than 3-million. Mr.
Baird said buildings have a general life cycle of 20 to 30 years.
Dean Rowe, of Rowe Architects, indicated the Commission Chambers has 2,100-
square feet. The City Manager said additional space is needed for rest rooms, etc. She
estimated the facility would need 4,000 square feet. She noted part of Rowe's original
recommendation was to move the Chambers off the top floor. Mr. Rowe estimated a
separate building could be constructed for $500,000. He said the Economic Development
area on the first floor would be large enough but expressed concern regarding potential
problems with structural columns. Removing 2 columns would require the installation of 3
to 4 foot deep trusses. He suggested the dais could be oriented at the south end of the
room. He estimated the firetower will cost $115,000. In answer to a question, he
reported the fiber optic cable between City Hall and the Police Department has been laid.
The fiber optic cable from the Municipal Services Building rises to a closet. No funds have
been allocated to distribute the cable'.
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At 1 :00 p.m., the City Commission met' at the Municipal Services Building to
dedicate the building.
The City Manager said the budgeted $500,000 will buy basic code requirements.
She suggested the City Commission also consider upgrades to C-View's cameras and
audio system. She said the current audio and video quality is probably acceptable and
upgrades could be delayed. The City Manager strongly recommended repairing the
buildingls airwconditioning. She noted City Hall employees would be uncomfortable as air-
conditioning work would result in one month without a HVAC system. It was questioned
why replacement of the HVAC was not considered in February 1993 when the conditions'
study was done. Mr. Baird said the report addressed the HVAC systems in the City Hall
Annex and City Hall. No decision was reached regarding either system. The $720,000
HV AC estimate included upgraded electrical work and gutting the building for the system.
He said drawings would have to be modified and new electrical requirements investigated.
It was suggested the HVAC replacement should be done as a separate project. In
response to a question, Mr. Baird said certain repairs require a 6-week delay for parts. He
estimated repairing the 45-ton chiller would cost $28,000. Maintenance averages
$10,000 per year. He said he was comfortable with the $470,000 estimate as long as
the City Commission understands that figure does not include duct or electrical work. Mr.
Rowe said if the City replaces the ducts, they would have to meet new Ashray
requirements for increased tonnage and fresh air replacement. He indicated all asbestos in
City Hall is non-friable and can be encapsulated. Replacing duct work would require staff
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14
07/29/96
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to move out of the building. The long term consequences of not replacing the ducts were
questioned. Mr. Rowe said a sick building could happen as the ducts have not been
cleaned in the past 32 years. Mr. Baird said a new system would have one year
warranties with five-year warranties on major components,
It was questioned if staff had considered gas air-conditioning. Mr. Baird agreed
improvements in gas efficiency have occurred. Ho expressed concern the plumbing for the
HVAC system also has gone bad and may require some structural reinforcement. It was
recommended a report on an air-conditioning maintenance contract and the issuance of an
RFP to replace the system would provide the City Commission with information needed to
reach a decision. The City Manager said a bid would be requiredto determine a firm cost.
Building and Maintenance Superintendent Jim Wood noted the auxiliary work required for
HVAC replacement. He recommended replacing the entire system if the City plans to
occupy City Hall for another 30 years. It was suggested to consider a 5-year life and
expansion of the Municipal Services Building. Mr. Rowe estimated expansion of .the
Municipal Services Building would cost $65 a square foot plus the costs of cabling and C-
View needs. The City Manager noted the parking garage will not accommodate another
100 cars. Mr. Rowe said his firm has recommended this choice all along. He said a 3rd
level would have to be added to the parking garage.
It was questioned if the City should provide minimal repairs to City Hall or upgrade
it to make it a viable facility for another 30 years. In answer to a question. Mr. Rowe said
the budgeted $500,000 was to meet minimal code requirements and do as much clean up
and painting as possible. None of the money has been spent. He said option 2 will put the
building in first class condition and upgrade the building's mechanical needs up to a 30-
year life. Mr. Rowe said the building is sound although some settling has occurred. No
additional settling is expected unless a heavy load is added to the third floor. It was noted
taxpayers cannot be mislead regarding the costs of this project. It was noted the City
Commission must make a decision regarding which costs are justified. Mr. Rowe said a
building must be brought up to code when renovations exceed 50% of the building's value.
The City Manager requested giving staff a month to reprogram the options. Funding for
the project would have to be identified. She estimated costs will be between $1 ~million
for basic expenses for air~conditioning and cabling to $3.3-million which would meet long
term needs. The cost of upgrading the building to a first class condition was requested.
The City Manager said some unprogrammed Penny for Pinellas funds could be used for the
air-conditioning and cabling.
A spread sheet outlining options and expenses and a summary of the costs of
components of hard bid items were requested. .
It was suggested decisions on City Hall upgrades wait until closure is reached on
other building projects. In answer to a question, Mr. Rowe suggested another use could be
found for the current City Hall facility.
The City Manager indicated some options, such as changing the handicap access
could be removed. She said the City Commission could gamble on the building's HVAC
system, noting parts take 6 weeks to order and up to 4 weeks to install. It was suggested
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the City do the best it can with available funds. Mr. Wood could not guarantee fixing the
HV AC would last more than 5 years. He said the long term plan should be considered
before work is begun. Mr. Baird said a basic scope to relocate Chambers downstairs will
cost additional architectural fees.
A City Manager identification of priorities was requested. The City Manager
recommended spending $500,000 for code upgrades, $250,000 for basic air~conditioning
requirements, and $50,000 for cabling. A $800,000 scope of work for City Hall
renovations will be presented on Thursday.
ClK CITY CLERK
Commission Policies '
The City Clerk requested continuing this item to August 12, 1996.
City Manager Verbal Reports
Aoooint vatina deleqate for Florida leaaue of Cities
Consensus was to prepare an agenda item tor Thursday appointing Commissioner
Seer as the City's voting delegate ta the annual Florida league of Cities meeting.
Commission Discussion Items
Possible chanoe in December 1996 and Januarv 1997 meetinas
The City Clerk referred to the January 1997, calendar and noted the Monday prior
to the first Thursday is December 30, 1996. She indicated January has 5 Thursdays.
Consensus was to schedule City Commission meetings for January 9, 1 ~97, and
January 23,1997, and work sessions for January 6,1997, and January 20,1997.
Skateboardinll/Roller Skatinll Ordinance
Assistant City Attorney Rob Surette reported the City has received complaints that
skateboarders do not yield to pedestrians on the street and damage property by jumping
over curbs and benches at Station Square Park. He said the drafted ordinance was written
to be very restrictive for discussion purposes. The proposed ordinance prohibits
skateboarding downtown. An early draft prohibited all skaters but the problem seems to
be with skateboarders. not skaters. Mr. Surette said an infrequently used State statute
makes it unlawful to skate on public streets, except at crosswalks. He noted State
provisions requiring bicyclists to notify pedestrians they are passing do not apply to
skaters. The proposed ordinance requires skateboarders to yield to pedestrians and
prohibits skateboards from the roadways.
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Concern was expressed parents ignore a sign posted at an elementary school
forbidding skateboarding and drop their children off to skateboard. The school has incurred
substantial damage. Concern was expressed about liability issues and dangers inherent to
skateboarding. It was suggested the ordinance address downtown only to start. It was
felt the ability to post should be City~wide. The City Attorney said the Pinellas Trail can be
excluded from the ordinance. It was noted merchants want Trail participants to leave the
trail to shop. The City Attorney noted the ordinance would only prohibit skateboards from
sidewalks. A map defining the DDB (Downtown Development Board) and CRA
(Community Redevelopment Agency) areas of downtown will be brought to the next
meeting.
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Mr. Surette noted some constitutional problems regarding a provision requiring
parental supervision. He reported the ordinance exempts the Pinellas Trail. He reported
skateboarders have cased $1,~OO damage to the tfle area at the Harborview Center. A
provision that can be enforced. by the Police makes it unlawful to skate where "no skating II
is posted on public or private property. He recommended the City Commission at least
allow the posting of properties in need of protection from these activities.
Concern was expressed some skateboards show no respect for park facilities or
pedestrians. In response to a question, Mr. Surette said motorized skateboards meet the
definition of a motor vehicle and are illegal without a tag. The City Attorney indicated
Peace Memorial Church originally raised the issue. It was noted the Parks & Recreation
Board had suggested exemptions for special events and in~line skates, and had expressed
concerns regarding outlawing skating on' public streets throughout the City. In answer to a
question, Mr. Surette said skating on,public streets has not been a problem.
Mr. Surette said the ordinance could address non~criminal behavior depending on
which chapter of the code it is placed. He said the offense could be made arrestable if
necessary. Concern was expressed citations issued to parents or guardians would permit
their arrest but not the child's. It was suggested staff ask the Parks & Recreation
Department for recommendations on a park where skateboarding could be done legally.
Engineering Director Rich Baier said the posting of signs would be allowed City-wide and
could be erected when problems are anticipated. It was noted the City Commission would
decide if violating the ordinance would be a criminal action.
It was suggested the ordinance should treat those who ignore the law harshly. Mr.
Surette said violators can be fined. If the ordinance is deemed criminal, those who refuse
to comply will be arrested. The Police cannot arrest violators of non-criminal ordinances.
It was suggested criminal penalties would force parental action.
The majority of the City Commission directed placing the ordinance in the non-
criminal section of City code.
Other Commission Action
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Commissioner Clark requested a monthly updat~ on the Pinellas Trail.
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Adjourn
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Commissioner Johnson referred to staff recommendations for requirements for
those who serve on City boards. The City Attorney said staff did not feel strict
compliance with requirements is necessary. Staff will prepare an ordinance based on
these recommendations. It was suggested staff send a list of the boards to City
homeowner associations every 6 months.
Commissioner Johnson congratulated Police Chief Klein for receiving two more
grants. In answer to a question, the City Manager said she or the Deputy City Manager
reviews all grant requests regarding future impacts. Commissioner Johnson noted the
grant will cost the City money after it expires.
Mayor Garvev noted the Supervisor of Election encourages elections be held on a
common day. She requested future discussion regarding this issue and expressed concern
City elections not conflict with presidential preference primaries in the future. She
questioned if a question regarding property issues could be placed on the ballot without
Charter Review.
, Mayor Garvey requested help regarding a gift to celebrate 50 years of Spring
Training by the Phillies in Clearwater. She noted a suggestion for a picture album of Jack
Russell stadium and requested those with old pictures to forward them. The City Manager
suggested checking the Clearwater Sun morgue.
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Mavor Garvev said the Women's Equality Day Celebration, scheduled for August
24, 1996, is not a political event but a celebration of women's right to vote. She noted
the organizers have requested to use the City,Halllobby for an ice cream social. A
summary of the day's events will be presented. The City Attorney expressed concern a
public forum not be created in the building's interior. Concern was expressed a precedent
not be established.
The meeting adjourned at 3:56 p.m.
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