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07/16/1990 CITY COMMISSION WORK SESSION July 16, 1990 The City Commission of the City of Clearwater met at City Hall with the following members present: Rita Garvey Mayor/Commissioner Richard Fitzgerald Vice-Mayor/Commissioner Lee Regulski Commissioner William Nunamaker Commissioner Sue A. Berfield Commissioner Also present were: Ron H. Rabun City Manager M. A. Galbraith, Jr. City Attorney Cynthia E. Goudeau City Clerk The Mayor called the meeting to order at 9:45 a.m. One service pin was awarded to a City employee. Employee of the Month Award, July 1990 was presented to Larry Pitts, Parks and Recreation Department. The following items were discussed: SWFWMD Report of area water supply status Rand Baldwin, of the Tampa Office for SWFWMD (Southwest Florida Water Management District), stated the agency is in the process of developing water use plans for the district through 2010. All uses and all sources, delineated by groundwater basins, are being studied. A question was raised why during water crises, homeowners are allowed to water their lawns more than once a week. Mr. Baldwin stated there is a need to educate homeowners that lawns only need 1/2-1 inch of water a week. Charles Hunsicker, Assistant City Manager, stated Clearwater is developing an experimental program that will provide moisture meters to homeowners which would cut off operation of automatic lawn sprinklers when enough moisture is in the ground. Mr. Baldwin stated water consumption has increased dramatically over the last 20 years. He stated it is hoped the study will be completed by October of 1990 with rules implemented in October of 1991. He will return to present future information to the Commission once the report is completed. A question was raised regarding whether or not the City of Clearwater's well fields had a major effect on the major basins. Mr. Baldwin stated the saltwater/freshwater interface line is gradually moving inland. Mr. Hunsicker indicated the City's wells tap the upper levels of water which are recharged by rain, and this water source needs to be protected. 1990 Legislative Report The City's Legislative lobbyist, Jim Massie, distributed copies of his report. He stated this was a difficult session with four major issues, 1 - budget, 2 - transportation, 3 - growth management and 4 - worker's compensation reform. He stated the legislature did not follow the Governor's recommendation regarding tapping into the municipal trust fund; however, they have raised cigarette taxes and it is anticipated that, due to this increase, sales will decline which will affect the City's revenue. He stated a transportation bill was passed that provided money for roads. It also authorized local governments to construct projects which are in the Department of Transportation's (DOT) five year plan, and the state would reimburse them in the year the state had planned to do that work. He also stated the 20/80 matching program is now a 50/50 program and this should help the cities. Mr. Massie stated the growth management bill died, and worker's compensation legislation cuts benefits to employees. He reported on the convenience store security act which requires two or more employees or that other safety measures be taken. Local ordinances adopted by September 1 can preempt the state law. Mr. Massie reported that local governments now have the right to copyright, sell and license software they develop. A task force has been instituted to investigate the 911 system. Police and fire death benefits have been increased. $30 million has been appropriated for local governments to use in purchasing environmentally sensitive land. A study commission has also been established to review occupational license taxes. Bills that did not pass this session were the AIDS presumption, mandatory certification for building inspectors, school citing, billboard legislation, Kenton claims bill and comp plan amendments. He stated that while the acceleration for funding of the Clearwater Pass Bridge was not specifically added, he felt it might possibly be accelerated through the transportation bill. Local bills that were passed included a bill that sunsets the Pinellas Suncoast Transit Authority with a task force being established to study it in the interim. There were technical amendments to the Pinellas Planning Council bill and Pinellas County environmental enforcement act. He stated next year will be difficult particularly in the area of taxes. A question was raised regarding whether sales tax on service would precede consideration of a state income tax. Mr. Massie felt that state income tax would be a more lengthy and complicated process, and the sales tax on services would precede consideration of this. In response to a question regarding if the City were to construct road improvements based on the bill which allows for reimbursement, whether or not there was a guarantee that that road project would remain in the DOT plan, Mr. Massie indicated there were no guarantees regarding this. The meeting recessed from 10:21 to 10:30 a.m. Approve $30,000 Worker's Compensation settlement to Mark Cote, Parks and Recreation and 45,000 to his attorney as a statutory fee conditioned upon said employee simultaneously submitting a voluntary resignation as a City employee (AS) On December 21, 1987, claimant was assisting a co-worker in loading lumber into a truck. They were lifting bundles of 80 lbs. which the co-worker dropped and all the weight shifted to claimant. Claimant sustained a severe strain to the right shoulder which later resulted in surgery. He was released by his physician on September 5, 1989 with a 15% disability. He cannot return to work with the City due to physical limitations with his right arm. Further surgery may be needed. Claimant is currently working as a security guard but his present salary is $2.40 per hour less than his per hour pre-injury wages. The City is paying approximately $650 per month in wage loss with payments to date of $44,134.95 (including medical). If settlement of the indemnity portion of this claim is made, exposure will remain for medical benefits. The City's Claim Committee (which includes Gallagher Bassett's representative and the City's outside Worker's Compensation attorney) concurs in the recommendation to settle with the belief it will save the City approximately $35,000. In response to a question, Kathy Rice, Assistant City Manager, indicated we will be liable for medical bills for the next ten years; however, the settlement is to cover lost wages which we have been paying. Information was requested regarding Mr. Cote's age. Purchase Firefighter Protective suits (bunker gear) from Safety Equipment Co., Tampa, FL for $17,920 (FD) Protective suits are worn by firefighter personnel on all emergency scenes and have a useful life of approximately five years. It has been the policy of the Fire Dept. to schedule replacement of approximately 20% of the inventory annually, based on actual need after each yearly inspection of the gear. The protective gear will be purchased from Safety Equipment Co., which was awarded the competitively bid protective gear contract by the Pinellas County Fire Chiefs Association. The Purchasing Officer checked prices with four other companies and the County bid was the lowest. A question was raised regarding whether or not staff was sure this much equipment needed to be replaced. The City Manager stated we do survey the gear and we do not automatically buy 1/5 every year, only that equipment which is needed. Renewal of Maintenance Contract (10/1/90-9/30/91) for Clearwater Public Library Computer system from CLSI, Inc., Newtonville, MA for $71,849.88 (LIB) The City of Clearwater utilizes the CLSI LIBS100 system to provide on-line circulation control and the card catalog reference to Library patrons. It is important to keep this system operational in order to provide Library service. The estimated contract amount for FY 90/91 is $71,849.88. CLSI is a sole source vendor for maintenance of this hardware and software. The contract period is for 10/1/90 to 9/30/91. A concern was raised regarding the agenda item indicating there would be a transfer needed at first quarter of the 90/91 fiscal year. Betty Deptula, Administrative Services Director, explained this was a timing problem and the monies are available. Consider options for use of the City-owned service station site located at 49 Causeway Blvd. (MR) The City Manager indicated this item has been discussed for some time. Staff has now determined that 27 parking spaces can be placed on this property. If the building is to be demolished and the site turned over to parking, there would need to be a payment to the Marina fund. It was stated public input would be received Thursday night. Charles Hunsicker, Assistant City Manager, indicated the Marine Advisory Board recommends converting the property to parking. In response to a question, it was indicated this will provide a 10% increase in the parking at the marina. Authorize the Police Dept. to solicit bids and sell Police Patrol Boat #1134.17 to the highest and most responsive bidder above the minimum bid of $55,000.00 (PD) In September of 1986, the City Commission approved the purchase of a 1987 Stamas, Liberty Boat, for use as a Police Dept. patrol vessel. This vessel no longer efficiently and cost effectively meets the needs of the Police Dept. in its drug interdiction efforts or in providing the desired level of police service to the boating public as well as other law enforcement functions. The vessel has had major engine repairs several times during the last several years and should be replaced. According to a survey conducted on this vessel, the approximate minimum value is $55,000 in its present condition. The proceeds from the sale will be redeposited into the Special Law Enforcement Trust Fund to be used in part to purchase a new, downsized vessel more consistent with the Police Dept.'s present needs. A question was raised regarding whether or not a minimum bid should be established. The Police Chief indicated we have been told this is the minimum value of the boat. Consensus was to go forward with the minimum bid. In response to a question, it was indicated the original cost of the boat was $125,000. Approve agreement between the City of Clearwater, St. Petersburg Junior College and the Center Foundation regarding the Joe DiMaggio Baseball Fields (PR) On July 2, 1987, the City and St. Petersburg Junior College entered into a "Lease Agreement" whereby the college leased certain real property located at its Clearwater Campus to the City with the understanding that the City would sublease said property to the Center Foundation for the purpose of constructing two regulation baseball fields. Under this agreement, the Junior College Baseball program and the Clearwater for Youth Baseball program would have priority usage. Also, neither the City nor the college had any financial responsibility relating to the construction of the baseball fields and the costs of operation and maintenance were to be shared by the college and the foundation on a prorated basis. The fields would be available to other organizations at an established rental rate. The City and the Center entered into a "sublease Agreement" for the property whereby the foundation agreed to construct two regulation baseball fields (Joe DiMaggio Fields) and appropriate support facilities. The Foundation also agreed to construct three soccer fields and to relocate lighting fixtures for said property lying immediately west and south of the baseball field property. These soccer files are currently in use by a City Youth Soccer Organization at no cost. The subject agreement between St. Petersburg Junior College, the City of Clearwater and the Center Foundation is designed to "terminate" the current agreements. Under the new agreement, St. Petersburg Junior College will regain possession and control of the property containing the Joe DiMaggio Baseball Fields and all improvements. As in the previous agreements, the Junior College Baseball program and the Clearwater for Youth Baseball program will continue to have priority use of the fields. ALso, the City along with other sponsoring agencies of the Center Foundation will have access to the fields when available at a normal rental fee set by the Junior College. Further, the college will pay certain monies to the Center Foundation to defray operation/maintenance costs incurred by the foundation. A question was raised regarding why this agreement is necessary. Ream Wilson, Parks and Recreation Director, indicated this is removing the City from the previous agreements as they are no longer involved in the operation of these fields. The agreements are now between the Junior College and the Center Foundation. The City will still have access to the fields, and the Junior College will be picking up the cost of maintenance. In response to a question regarding whether or not there will be additional costs to the City for use of these fields, it was indicated this would not be the case. Clearwater Harbor Subaqueous Water Main Project to Inter-Bay Marine Construction Co., Largo, FL for $689,000.50 (PW) Water is supplied to Clearwater Beach and Sand Key through two 16-inch subaqueous water mains installed in the late 1950's and early 60's which cross Clearwater Harbor at the Memorial Causeway Bridge. The two lines are still serviceable but potentially unreliable because of their age. This project will install a new 20-inch water main to assure continuous service to Clearwater Beach and Sand Key. On August 11, 1989, one of the existing subaqueous water mains developed a leak. A temporary repair was made, and the scope of the new water main project was expanded to provide for replacement of 295 feet of existing 16-inch mechanical joint pipe with new ball joint pipe which will provide a permanent repair to the existing main. The project consists of the construction of 230 feet of new 20-inch mechanical joint water main; 1,225 feet of new 20-inch subaqueous ball joint pipe, which will be laid between the Mainland and Memorial Causeway in Clearwater Harbor; the replacement of 295 feet of existing 16-inch mechanical joint pipe with ball joint pipe at one existing subaqueous crossings; and two tie-ins to existing water mains. Inter-Bay Marine Construction Co. of Largo submitted the lowest bid in accordance with the plans and specifications. A question was raised regarding whether or not this project and the proposed lines for General Telephone Co. could be accommodated in the same trench. Charles Hunsicker, Assistant City Manager, indicated he would check this with GTE. It would be an accommodation for GTE as the City's project will be going forward first; but, if they could be accommodated, they could share in the cost of the project. In response to a question, it was indicated this project was budgeted. Approve purchase of a the Westerly 10 ft. of lots 1 & 2 less the South 2.5 ft. thereof, Moase & Harrison's Sub., Blk 2 from James C. Rembert (PW) The City is in the process of obtaining required right of way for the Court St. improvement project. The subject intersection requires the subject piece of property to provide for a left turn lane on Greenwood Ave. A new legal survey was performed by a registered surveyor as part of the design work for the project. The new survey showed an inconsistency in the subdivision which produced an additional 15.8 ft. by 140 ft. strip of City owned land. The surveyor placed this strip between the south boundary of James Rembert's property and the Court St. right of way. Mr. Rembert has agreed to sell the required parcel for what amounts to $9.08 per sq. ft. (which includes his attorney fees of $1,000). He also requested as a condition of the sale that the City dedicate as Court St. right of way the 140 ft. strip on his south boundary to assure his continued access. Jim Hensley, City Real Estate Services Manager, considers the price to be at reasonable market value based on previous purchase on the southwest corner of the subject intersection and other comparable sales int he area. He also recommends the dedication of the 140 ft. parcel as Court St. right of way as a reasonable solution for allowing both parties to have the rights intended. A question was raised regarding whether or not the City should be buying the whole corner. Mike Wright, Assistant City Manager, stated they would investigate this feasibility and report prior to Thursday. Purchase of the building and property at 1171 Cleveland Street, Clearwater Heights Sub., Lot 19 from Dr. Paul Brown for $350,000.00 plus costs and other conditions (CM) For several years, City staff and Dr. Paul Brown have conducted a series of unsuccessful negotiations whereby the City has sought to purchase the land and building at 1171 Cleveland St. The site is slightly more than one-tenth of an acre and contains 6,250 sq. ft. of building. It is the last remaining parcel of land the City does not own or have the option to purchase at its 17 acre Annex site. The Brown's have agreed to sell the property under the following terms and conditions: 1) payment of $350,000 plus closing costs; 2) a statement from the City that it intends to proceed with eminent domain action if the Brown's do not agree to sell the property for the terms and conditions outlined herewith; 3) the Brown's be able to remove certain items from the building including air conditioning units, selected light fixtures, appliances and rough cut cedar boards currently installed in the art gallery (a detailed list of which will be made a part of the closing documents); 4) the Brown's be allowed to occupy the building rent free for a period of time not to exceed January 1, 1993 subject to meeting the City's insurance requirements with the Brown's being responsible for all maintenance and upkeep on the buildings; 5) closing be completed as soon as possible and 6) the City not sell, rent or lease the building to any other chiropractic clinic or art gallery for a period of five years. The City's interest is in the land, not the building. Upon vacation of the site by the Browns, it is the CIty Manager's recommendation that the buildings be razed. The property was appraised in 1989 for $270,000 and the City subsequently offered $337,500 which was 25% more than the value set by Jim Millspaugh, MAI. At that time, the Brown's wanted significantly more for the property and negotiations were terminated. A question was raised regarding whether or not taxes would be paid by Dr. Brown should he continue to occupy the building as allowed in the proposed purchase. It was indicated the documents would make Dr. Brown responsible for any taxes, and if the property is not used for municipal purpose, there would be no tax exemption at that time. Creation of a Clearwater "Clean Water Advisory Committee" appointed by the City Commission (CM) In response to Commission's request, staff has devised a proposal for the establishment of a Clearwater Clean Water Committee. Staff recommended a board of ten citizens with representatives from certain groups such as the League of Women Voters, the Sierras Club, the Bar Association. They recommended the initial appointments be staggered to provide not more than four terms expiring in any calendar year; the committee meet quarterly and that they elect chairman, secretary and other officers as they find necessary; and that they adopt their rules of procedure. The duties of this committee would be to review and make recommendations to the Commission concerning all water, wastewater and stormwater programs or projects initiated by the City exceeding $50,000 in construction costs or other programs selected by majority vote of the committee which have other substantial environmental benefits or consequences. These other programs could include upland and wetland habitat preservation and creation, natural shoreline restoration, wetlands restoration and purchase of properties for preservation of unique ecosystems. The Commission expressed concerns that they saw no reason for representatives from the various organizations. The general opinion was expressed that they felt the Commission should appoint the members. Consensus of the Commission was to change the name of the board from the "Clean Water Committee" to "Environmental Advisory Committee"; there would be ten members with each Commissioner appointing one member, and the Commission as a group appointing the remaining five. Those members appointed by individual Commissioners would have three year terms, three appointed by the Commission as a group would have two year terms, and two would have one year terms. This item is to be revised for presentation Thursday night. Land Use Plan Amendment to Public/Semi-Public and a Zoning Amendment to P/SP for two parcels, the first located at the SW corner of Woodlawn St. and Prospect Ave. and the second located at 1516 Prospect Ave.; Belmont 2nd Add., Blk C, Lots 1-4 & 8-10, .4 acres (Woodlawn Church of God, Z90-04, LUP90-13) The properties are each presently developed with a single family residence. The current land use plan and zoning are low density residential and RM-8 (multi-family residential) respectively. The parcels are owned by Woodlawn Church of God which is adjacent to the subject property on the west. The church is making the request to permit the conversion of the residences into ancillary church uses. Concerns were expressed that a parcel is between the two parcels which are the subject of this application. The parcel in between the subject parcels would remain with an RM-8 zoning, while the other two parcels are zoned P/SP. Discussion ensued regarding the need to address churches in residential areas, and a suggestion was made that these be allowed as conditional uses rather than rezoning the properties to P/SP. Staff will investigate and return with a recommendation. Land Use Plan Amendment to Commercial/Tourist Facilities and a Zoning District Amendment to CG for property (1.9 acres) located at the NW corner of Sunset Point Rd. and Meadow Dr.; Barrett Manor Sub., part of Lot 15, Lots 16-22 & part of Lot 23 (National Safety Council/Peacock/Campagna, Z90-05, LUP90-14) (PLD) The current land use and zoning on the subject property are residential/ office and limited office respectively. There are four office buildings on the properties. The property owners are making the request to enable them to rent some suites for retail uses, which are now only zoned for office uses. Any use change could require additional parking and/or loading spaces, which according to Section 136.022(c)(3) of the Land Development Code would have to be provided prior to any change of use. Concerns were expressed regarding zoning this property commercial. It was stated the applicant has the right to make this application, and the public hearing will go forward. Land Development Code Amendment addressing Family Care, Group Care Facilities and Homeless Shelters (PLD) During the 1989 State Legislative sessions, a law was passed that affects the siting of community residential homes and necessitates amendment of the land development code. Also, the Commission expressed an interest in broadening the opportunities to locate facilities in Clearwater that provide temporary shelter for the homeless. A code amendment has been drafted pursuant to updated state law and Commission direction incorporating the following major changes from the existing code: 1) family care is redefined to change the number of cared-for persons from 5 to 6 (this does not incorporate a change in the zoning districts in which family care is permitted.); 2) Level I group care is redefined to change the number of cared-for persons from 6-10 to 7-14; 3) Level II group care is redefined to change the number of cared-for persons from 11-20 to 15-20; 4) two new definitions are added - residential shelters will be defined as temporary residences for the homeless; foster care will be defined as care provided a child in a foster family or boarding home, group home, agency boarding home, child care institution, or any combination thereof; 5) Level I group care will no longer be provided for in single family zones, the effect of which will be to limit to 6 the number of cared-for persons that can occupy a facility within single family zones; 6) residential shelters will be allowed as conditional uses within multiple family, limited office, neighborhood commercial, general commercial, highway commercial, urban center (core and eastern corridor), limited industrial and public/semi-public; 7) Level I group care is changed from a conditional use to a permitted use in multiple family zones; 8) separation will be measured from structure to structure rather than from property to property and 8) parking for residential shelters will be required on the basis of one space per six residents based on maximum design capacity. A question was raised regarding why the proposal changes the number of residents allowed. It was stated this coincides with the State law definitions for these facilities. Discussion ensued regarding the separation distance, and a question was raised regarding whether or not facilities in enclaves are used when calculating separation distances. Jim Polatty, Planning Director, indicated it had not been staff's policy to do so. The City Attorney stated if the Commission wished to do so, those facilities in enclaves could be used in meeting this requirement. Commission direction was for staff to begin including these group care facilities when they calculate separation distance. Policy Interpretation - Variances for enclosures in zero lot line RPD project (PLD) Jack Russell, III, has requested City Commission consideration and interpretation of Commission Policy No. Cc-31 concerning the acceptance of variance requests for Residential Planned Development (RPD) projects. Mr. Russell desires to construct an enclosed porch addition to the rear of his home located at 2197 Springrain Drive in the Spring Lake RPD. His request would require a variance of 3 ft. to the rear setback standards. The options for Mr. Russell's proposal are: 1) to request and receive a variance from the Development Code Adjustment Board to permit waiver of RPD setback regulations or 2) request and receive City Commission approval for a modification to the RPD building envelope for his lot (and/or other similarly situated properties within the RPD). Other variances have been obtained in the Spring Lake RPD in 1985, 1987 and May of this year. The Planning and Development staff recently became aware of Policy No. CC-31, and have suspended Mr. Russell's variance request until Commission direction is obtained. The Policy issues in question are: 1) Does the Commission desire variances to be considered for RPD projects by boards other than the Commission? RPD projects include specific site plans approved by the Commission. In staff's experience, most other communities using planned development zoning do not allow other boards to vary site plan features. Minor dimensional deviations to the approved site plans (not including building footprint or building envelope deviations as proposed by Mr. Russell) are generally delegated to the staff. 2) Does the Commission desire to hear requests for site plan modifications to RPD projects on a case by case basis or across the entire project? Case by case modifications are difficult for the staff to track, as well as time consuming for the Commission and staff. Recommendation of the Planning and Development staff is that modifications to setbacks established for an RPD project only occur through City Commission action and only for the project as a whole. The Planning and Development Director indicated the site plan for this subdivision had been recertified in March, 1988. His recommendation is that rather than consider variances to planned development site plans, that an amendment be made to those site plans. Commission consensus was they had no desire to change this policy. They reconfirmed CC Policy No. 31 and also stated it should be policy that there be no variances to planned development site plans, but rather, amendments to those site plans come to the Commission. Employment Contract - Community Development Technical Assistance/Outreach Officer (PLD) The City Commission has authorized the establishment of an Infill Housing Development Program to promote construction of new homes on vacant residential lots in the N. Greenwood neighborhood. Direct operation of this program is proposed to use the Clearwater Neighborhood Housing Services (C.N.H.S.) as the City's agent, however, the City is permitted to provide technical assistance and program monitoring with COmmunity Development Block Grant funds. The contract has been drafted to reimburse C.N.H.S. in hiring a Technical Assistance/Outreach Officer for Infill Housing. This contract calls for part-time (20 hours/week) employment. The other portion of the Technical Assistance Liaison's time will be paid by Neighborhood Housing Services as their Outreach Officer. It was indicated the City will be reimbursing the Neighborhood Housing Services the City's portion of this individuals salary. It was also stated that page 2 of the agreement, under compensation, needs to be revised to show that it is a rate of $14,134 per year, not $14 per hour. CDBG Housing Rehabilitation Loans - Target Areas (PLD) When the CDBG program was initiated 16 year ago, four target neighborhoods were established as the primary beneficiaries of assistance. These were N. Greenwood, S. Greenwood, Wood Valley and Condon Gardens. Target areas were selected based on housing condition and low income of residents. Representation on the Neighborhood Advisory Committee was established based on target neighborhood residency, with three additional members appointed from the City at large. Over the years, the target area designation was lifted as qualification for the rehab loans. Loans were restricted to low and moderate income people, but City-wide. The Neighborhood Advisory Committee, at its meeting of June 26, recommended that target areas be re-established, with N. Greenwood receiving the highest priority with other areas having second priority followed by loans made to low income people City-wide. The Planning and Development Department staff concurs and is prepared to implement it as follows: 1) establish a two-tiered system which prioritizes target area loans ahead of loans to property outside the target area; 2) establish a separate policy for loans made outside the target area which will lower the maximum loan to a $15,000 amount, but will insure that severe deficiencies are corrected in cases of need and structural failure; and 3) work closely with the banking community to leverage public funds, in a manner similar to the Mayor's Challenge Fund currently operating in Tampa. Loans to persons who are better able to afford repayment will be made by conventional lenders, with the City reserving funds to cover default. In response to a question, it was indicated that banks are being cooperative regarding this program, and the City has received several offers for leverage of these funds. Mike Wright, Assistant City Manager, indicated the plan is to adopt a philosophy somewhat similar to that that's been used in Tampa, which has been very successful, and that this would be for rehabilitation, as well as, new construction. Concern was expressed regarding limiting these rehabilitation and housing loans to individuals in the target area. The Planning and Development Director indicated he felt that once the challenge fund has been set up through the banks, we will have money to assist in those areas other than the target areas. This program is merely establishing a priority for those in the N. Greenwood area as a survey of that area indicated more than 1,000 houses that were in need of repair. Resolution 90-32, Gas Franchise with Dunedin A question was raised regarding what changes have been made to this agreement. It was indicated the City of Dunedin has requested a stipulation for marketing in their area and that we use a feasibility formula that would give a five year return on investment. It was indicated these changes are reasonable. It was also indicated the exemption for industrial customers has been eliminated. Verbal Reports The City Manager reported he will be adding an item to Thursday nights agenda regarding emergency purchase of computer equipment as a large number of computers were damaged by lightning during a recent storm. The City Attorney reported he may be adding an item regarding settlement of the Sawyer case. Pinellas Trails Michael Wright reviewed the status of staff's investigation for alternatives for the Pinellas Trails through the City of Clearwater. He stated staff now believes there are some possibilities for use of additional railroad right of ways in the City. He reviewed the proposed route stating we would probably have to expand sidewalks. He emphasized the new proposal would take the trail out of residential areas, and that staff's recommendation would be for the City to pay for the sidewalks. The City Commission felt the County should pay for these sidewalks as they will be funding the entire trail. Commissioner Nunamaker expressed strong opposition to the proposal stating it would take it into the industrial area which has been upgraded recently. Other Commission Action Commissioner Berfield stated she felt the City Attorney did a good job on the litigation update. She questioned whether or not City staff would be attending a seminar on beaches which is to take place on Thursday, September 13th. The City Manager indicated City staff would be attending. Commissioner Fitzgerald reported on the action taken by the City in regard to Stevenson's Creek over the weekend which was very rainy. He stated a blockage occurred and he commended City staff, in particular Bill Baker and Charlie Hunsicker, for their efforts in removing that blockage. Commissioner Nunamaker reiterated his opposition to the Pinellas Trails. He felt that government has lost common sense in this regard, and that a $1 million project is now going to cost $9 million. He stated he will be receiving information regarding a trail in California and the serious affects it has had on surrounding properties. He stated it has experienced many crimes and that properties have been devalued. Concerns were expressed regarding security on the proposed trail. Commissioner Berfield questioned a call she had received regarding a proposed 14 story Marriott Hotel going up on Clearwater Beach. It was indicated this is a rumor that has been circulating for a year or two, and any such proposal would have to come to the Commission for approval. The meeting adjourned at 12:10 p.m.