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10/29/1990 CITY COMMISSION WORK SESSION October 29, 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 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 9:08 a.m., one service pin was awarded and the following items were discussed: Purchase of flood insurance coverages for specific City-owned property with payments totalling $37,505.00 Due to new legislation passed in 1989, the City has become obligated to purchase first dollar flood insurance coverage. Renewal of these policies have been tentatively placed but if better rates can be obtained with other companies the coverages will be placed elsewhere. Arthur J. Gallagher and Company brokers the program to various insurance markets and assists the City in purchasing the insurance. In response to questions, it was indicated FEMA regulations are now requiring the City to insure for the first dollar, even restrooms on the beach. It was questioned whether or not part of the legislative package should be requesting the State to opt out of this federal regulation. Appointment of four members to the Board of Trustees of The Clearwater Police Supplementary Pension Plan An election was held on September 24 and 25, 1990, with the participants of the police supplementary pension plan voting. As a result of this election, Sergeant William Sedrick and Officer Richard E. Breest are being recommended to the City Commission for appointment to the Board of Trustees for a period of two years. Further, at the meeting of the Board of Trustees on August 28, 1990, it was agreed the board would recommend Roy R. May and Donald Hibbard be reappointed to serve additional two year terms. A short recap of the benefits of the plan was requested. Contract for 25 Toshiba Model T120HB Laptop Computers to Inacomp Computer Center, Clearwater, FL, for $39,850.00 The Clearwater automated data traffic accident program provided for the acquisition of computers and programing to automate traffic accident reporting. The initial purchase of 165 laptops provided instruments to initiate part of the program in the patrol division. A subsequent purchase of 10 laptops in May of this year provided instruments for the ten positions approved in the 89/90 fiscal budget. The current request will provide laptop computers for the remainder of the patrol units not previously included, investigative and support officers. In response to a question, Chief Klein reported the computers are working to expectations. A question was raised regarding reports being provided to neighborhood watch programs and Chief Klein indicated they are providing the reports manually as they can. He also indicated this will be close to the last purchase of laptop computers. The next big step is to install them in the cars. In response to a question, it was indicated 30 to 50 officers are out in the field on any one shift and the computers are not transferable from officer to officer. It was indicated eventually the information in the computer is downloaded to the mainframe with the ultimate goal being paperless reporting. Contracts for purchase of irrigation parts for the period 11/1/90-9/30/91 to Century Rainaid, Clearwater, for an estimated cost of $46,947.83 and to Banks Supply Company, St. Petersburg, for an estimated cost of $32,036.10 for a combined total of $78,983.93 The nursery division of the Parks and Recreation Department needs to purchase different irrigation parts throughout the year. If the two subject contracts are approved, the City will order irrigation parts only as needed. In response to a question, it was indicated all water used for irrigation is not recycled water. However, it was indicated the City tries to be stricter than SWFWMD regulations. Parks and Recreation is working with the water division to install moisture meters. It was requested that where recycled water is being used, a sign be displayed to so indicate. Waiver of City charges associated with the Downtown Clearwater Association Holiday Parade to be held on 12/8/90 The Downtown Clearwater Association will be sponsoring its second annual downtown Clearwater Family Holiday parade. As last year, they are requesting the City Commission waive all City fees and charges that might otherwise be required for the event. City costs waived for last year's parade approximated $1,158.00 for police services and $800.00 for barricade services. However, because of a longer route, staff expects police cost to be $2,500.00 for this year's parade. The route of the parade will begin on Cleveland Street at Crest Lake Park and finish at Drew Street and Fort Harrison Avenue. Upon termination of the parade, holiday activities will continue at Coachman Park under the sponsorship of the Parks and Recreation Department. The downtown Clearwater association will provide liability insurance. Questions were raised regarding whether or not the association had gone to the downtown development board for fees and it was indicated this had not been done. Concerns were expressed regarding the extension of the route calling for additional funds to be committed for this parade. Consensus of the Commission was the City would fund the same amount it did for last year's parade and the association should contact the downtown development board to see if they would fund the expansion of the parade. Amendment to agreement dated 11/12/85 with the Chi Chi Rodriguez Youth Foundation, Inc. to allow an extension of 6 months to begin development of a nature park located on city-owned property An agreement between the City and the Chi Chi Rodriguez Youth Foundation was approved in November of 1985. In that agreement, the Foundation proposed to develop a nature park on city property. The proposal to develop the nature park was included in the agreement with a specified time frame in which the development was to occur. Construction was to begin within five years of the date of the agreement and to be completed within seven years from the date of the agreement. On April 21, 1988, the City Commission accepted a donation of consulting and design services from King Engineering Associates to design this nature park. On October 10, 1990, the City Manager received a request from Bill Hayes, President/Co-Founder of the Chi Chi Foundation for an extension of the commencement of the construction time. Discussion ensued regarding the need to hold the Foundation to this condition. It was indicated that at the time of the agreement, there were no plans for the park and that the plans developed by King Engineering were more costly than the Foundation had anticipated. It was also indicated there was a lot of environmental opposition to the park. A suggestion was made that Chi Chi be allowed to remove this condition from the agreement. Discussion ensued regarding the possibilities of the development of this park. Discussion also ensued regarding the City of Safety Harbor's commitment to try and obtain an additional four acres that would be developed along with this park. Safety Harbor has until July of 1991 to obtain the property. Consensus of the Commission was to change the commencement date to coincide with the Safety Harbor portion of the agreement and the completion time frame be extended by six months to May 12, 1991. Amendment No. 2 to the Countryside Blvd. Widening Engineering Design Services Agreement with Tampa Bay Engineering, Inc., increasing the contract by $224,853.00 to a new not-to-exceed limitation of $424,223.00 Construction plans have been completed for Countryside Boulevard Widening from Belcher Road to State Road 580 and all necessary permits have been obtained. The improved facility will generally be a standard 7 lane urban section with an intersection improvement at Enterprise Road. The connection with U.S.19 will accommodate the existing geometry and allow for the future overpass improvement proposed by the Florida Department of Transportation. Significant traffic control will be necessary to accommodate the commercial areas. The proposed contract amendment #2 will provide coordination with various State and County agencies during and after construction; construction management; inspection; record drawings; and regulatory certifications as may be necessary to successfully complete the widening project. It is proposed to advertise the construction contract in December of 1990 and start construction in early 1991. The project will take approximately ten months of construction time. This project will be the first to proceed to construction using the Penny for Pinellas funding. It was indicated that the Florida Department of Transportation will be constructing the overpass at U.S.19 in fiscal year 92/93. In response to questions, it was indicated the road will be 14 feet closer to the back of homes but this had always been in the design with the right-of-way already existing. Cecil Henderson indicated staff will be coordinating with Countryside mall in order to have as little impact on them as possible. In response to a question regarding overtime in the contract, it was indicated only overtime truly needed would be used. It was recommended a sign indicating this is a Penny for Pinellas Project be displayed at the construction site. Contract for engineering services for various site plans and facility designs for Parks & Recreation to King Engineering Associates, Inc., 3 year term for $123,440.00 Services under this contract will develop preliminary site plans, surveying, legal descriptions, construction plans and coordination with State and County agencies; obtain all required permits and estimate the total cost of each project, including an estimate of quantities and types of materials, optional services which may also be needed; and will provide construction management, inspection, record drawings, regulatory certificates and related engineering. Project assignments will be made as services are needed and funds are available for a period of three years from the execution of the agreement. Penny for Pinellas funding has been designated for various Parks and Recreation improvements throughout Clearwater over the next several years. In general these improvements will involve facility additions to existing developed park land and development of new facilities on undeveloped park land. Questions were raised regarding improvements to the Bayfront Park and the removal of existing tennis courts. It was indicated the first phase was to be improvement of the Memorial Parks on the other side of Pierce Street and the second portion would be the tennis courts. Commission consensus was the tennis courts should be addressed first. Contract for engineering services for various intersection improvements to Wade Trim, Inc., 3 year term, 1st year cost $200,000.00 Professional engineering services under this contract will develop preliminary plans and right-of-way maps, surveying, legal description, construction plans, including utility relocations, notification to utilities and coordination with State and County agencies as well as obtain all permits that may be necessary to complete plans advertised for bids and start construction. Additional optional services which may also be needed are to provide construction management, inspection, record drawings and regulatory certifications as may be necessary to successfully complete the intersection improvements. Cecil Henderson, Assistant Public Works Director for Engineering indicated staff will try to have the first preliminary work order within a short time. He indicated this is design work but construction would begin quickly. In response to a question,it was indicated we are coordinating with the State regarding Drew Street. A question was raised regarding the yellow pipes being used for lane designations at Cleveland and Gulf-to-Bay. Keith Crawford, Traffic Engineer, stated an agreement had been worked out with the Department of Transportation and staff is finalizing plans for an island at that location. It was requested the County be asked to consider another treatment other than the yellow pipes they are beginning to use at various intersections. Extend contract with the City of St. Petersburg for fiscal year 90/91 for continued participation in the Yard Waste Recycling Pilot Program for $91,000.00 In October of 89, Pinellas County Solid Waste Department, in cooperation with the City of St. Petersburg, invited the City of Clearwater to participate in the Yard Waste Recycling Program. The first year dump fees were $15.00 per ton. This year the City of St. Petersburg increased the fee to $17.50 per ton. At the new rate, the City will still save $20.00 per ton in avoided dump fees as opposed to the normal $37.50 per ton dump fee at the landfill. Participation in this program helps Clearwater achieve the State mandated waste stream reduction of 30 percent by 1994 through recycling. In response to a question, Bob Brumback, Assistant Public Works Director for Utilities, indicated staff advertises the program through flyers and talks to civic associations. It was indicated this is not a City wide program yet. It was requested that consideration be given to placing a sign on the truck to indicate its purpose. A question was also raised regarding whether or not trash trucks were still on regular routes and it was indicated they are. Extend contract for Security Guard Service at the City Parking Garages to Janus Services, Inc., Tampa, for the period 10/1/90-3/31/91 at an estimated total cost $11,780.00 Janus Services is currently providing the guard services and will continue under the new contract. Renewal for six months instead of twelve was requested because the possibility of using police aides as security guards exists. However, a second six month renewal will be requested if police aides are not used in this capacity. Questions were raised regarding the comparison of cost in using police aides versus the contractor. Charles Hunsicker, Assistant City Manager, indicated analysis has been done and they are compatible. A question was raised that if the police aides would cost more why this would be considered and Keith Crawford, Traffic Engineer, indicated it would provide a higher quality of personnel. In response to a question regarding the garages paying for themselves, it was indicated this is not the case. Item: Transportation Impact Fees Commissioner Regulski requested discussion regarding the Metropolitan Planning Organization's (MPO) proposal regarding transportation impact fees which they submitted to the County Commission. Commissioner Regulski reviewed the process the MPO had used and indicated they had spent money to hire a consultant to develop the proposed fees. The County Commission has not responded favorably to the recommendation and Commissioner Regulski is questioning whether or not the City Commission wishes to take a position on this issue. The recommendation does recommend increases in these fees. It was requested additional information be provided to the Commission regarding the MPO study and this be discussed Thursday night. It was also requested a resolution be developed to support the MPO's recommendations. A question was raised regarding the widening of Ft. Harrison Avenue and Keith Crawford, Traffic Engineer, indicated staff is finishing design of the curve to see how much property is needed at that location. The need for four lanes was questioned and Mr. Crawford indicated that four lanes will help clean up and encourage redevelopment along Ft. Harrison Avenue as it is over loaded now. Contract for Clearwater Airpark - Construct Security Fencing to Smith Fence Co., Clearwater, FL, for $65,503.33 This is a joint project with the Florida Department of Transportation for the installation of security fencing. Funding for the City's share was authorized by the Penny for Pinellas infrastructure tax. The State will reimburse the City for the State's share upon completion of the project. The project will consist of the construction of a six foot high chain link fence in those areas around the airpark where none exist or where the present security fence is inadequate. The project will greatly enhance the safety and security of the operation at the airpark. Two 16' wide electric keypad entry gates will control access. In response to a question, it was indicated the fence will primarily be on the west side of the golf course. A question was raised regarding the lease for the adjacent golf course and how much longer it would be in effect. It was stated it is in effect until 2000, however, a letter has been received requesting early negotiation. It was questioned whether or not a better configuration could be designed if we had access to the entire property. Florida Gas Transmission Company Letter Agreement for Firm Transportation Service Florida Gas Transmission Company (FGTC) became an open access pipe line by order of the Florida Energy Regulatory Commission effective October 1, 1990. The order did not provide service protection to customers who buy their own gas and transport it. As part of the settlement from litigation pursued by Clearwater, through the Florida Municipal Natural Gas Association, FGTC agreed to furnish Clearwater and other member cities a letter of agreement which provides for services protection for Firm Transportation Service for 20 years or for a fixed duration which we elect with a year to year evergreen renewal. The City has the right to choose either option at the time we elect to buy gas under a firm transportation agreement. The City may convert part of its firm gas allocation from FGTC to firm transportation services and buy natural gas from any pipeline or gas producer it may choose and have the gas shipped through the FGTC pipeline. This letter agreement ensures that FGTC will provide this transportation service to the City and that if we buy and transport gas, the gas will be available the same as if it was purchased from FGTC. Bob Brumback, Assistant Public Works Director for Utilities, indicated this provides us assurances that we will be able to get the gas which we buy. A question was raised regarding whether or not the City was investigating alternate fuel sources and it was indicated we are. A question was raised regarding whether or not staff has been requested to be cautious regarding the trips taken and the use of gasoline. Funding for the Florida Orchestra - $10,000.00 contribution The fiscal year 90/91 general fund budget allocates $10,000.00 to be contributed to support the Florida Orchestra. It has been indicated the contribution will be used to underwrite a portion of every one of the orchestra's annual public performances which reach citizens of the Tampa Bay area. Michael Wright, Assistant City Manager, indicated the orchestra performs a minimum of 36 times a year at Ruth Eckerd Hall. Concerns were expressed regarding a report that they were considering withdrawing from Ruth Eckerd Hall. Appointment of a City Representative to the Board of Trustees of The Florida Orchestra The Mayor requested this item be continued as she is attempting to get other names for consideration. Consensus was to pull this item and place it on the November 15th agenda. The meeting recessed from 10:50 a.m. to 11:00 a.m. Public Hearing & First Reading Ords. #5048-90, #5049-90 & #5050-90 - Annexation, Land Use Plan Amendment to Industrial and IL Zoning for property (1.55 acres) located on the N side of Range Rd. approx. 600' W of Belcher Rd., Sec. 12-29-15, Pinellas Groves, part of Lots 14 & 15 (Weaver/Florida Realty Fund Two, Ltd. A90-12, LUP90-17 The subject parcel has been purchased by Florida Realty Fund Two, Ltd. It is currently vacant and is proposed to be developed as a vehicle inspection station. Vehicle service would require a conditional use approval under the IL zoning. A preliminary site plan has been submitted for initial review and referral by the Commission. The purchaser is having a scheduling problem in getting the inspection station constructed prior to state wide inspection coming into effect. He proposes to seek a sewer letter to Pinellas County after a courtesy review of his site plan and public hearing on this request. The purchaser understands the site plan must be in full compliance with all City development codes prior to the issuance of the sewer letter. A question was raised regarding whether or not individual gas stations were to be used for the inspections and it was indicated that this would not be the case. Five inspection stations are to be constructed in Pinellas County with private industry fulfilling a state requirement. Preliminary Site Plan for Vehicle Inspection Station #7 (auto emission inspection building)(1.65 acres m.o.l.) located on the N side of Range Rd. approx. 600' W of Belcher Rd., Pinellas Groves, portion of Lots 14 & 15, Sec. 12-29-15 The actual facility is proposed to be built on the rear portion of the lot next to the railroad track. This is the same project that is the subject of annexation, land use plan and zoning amendments previously discussed. The building is proposed to accommodate five inspection lanes with an additional lane to be added at a later date. One access to the site is proposed which is located at some point off Range Road. Jim Polatty, Planning and Development Director, indicated the conditional use will be reviewed by the Planning and Zoning Board on October 30, 1990. He indicated there is adequate space for parking. A concern was expressed regarding the impact of this development on Belcher Road and it was indicated this will be using 41.5 percent of the capacity. Staff is working on what traffic impact fees should be assessed. (Cont. from 10/18/90) Public Hearing & First Reading Ords. #5046-90 & #5047-90 - OL Zoning and a Land Use Plan Amendment to Residential/Office for property (.28 acres) located on the E side of S Greenwood Ave. approx. 175' S of Turner St., Maryland Sub., Blk B-1, Lot 1 & N 38' of Lot 2 (Jaquier Z90-07, LUP90-16) The subject parcel is presently vacant. If the request is approved the owner proposes to seek a conditional use approval to permit the development of a child day care center on the property. The request will require Pinellas County Planning Authority approval. The request would result in the existing OL zone to the north and west be extended to encompass the approximately 2 lot parcel. This block between Turner Street and Pine Street is already a mixture of residential and office uses and the proposed amendments would not be incompatible with the surrounding uses. Concerns were expressed regarding putting additional office zoning on Greenwood and that while the proposal is for day care, once it is zoned office, it can not be limited to daycare. Concerns were also expressed regarding the traffic impact and it was requested additional information be provided regarding that issue. Receipt and Referral of Text Amendment to the Code of Ordinances establishing a Ticketing Ordinance for infractions of the Occupational License Ordinance, Nuisance Ordinance and Land Development Code An amendment to the Florida Statutes enables counties and municipalities to pass ordinances that authorize code inspectors to write tickets for certain code violations. The Planning and Development Department proposes to use this enforcement option for the occupational license ordinance, nuisance ordinance and land development code. If the ordinance is approved, the department would have the option of pursuing violations either through the Municipal Code Enforcement Board or through the issuance of tickets. Tickets may be issued by the code inspectors when violators fail to comply with the code within a reasonable time period established by the inspector. The violator will have the opportunity to contest the citation in county court if desired. The ordinance proposes three classes of violations depending on the seriousness of the offense. The proposed fines are $30.00 plus court costs for class three violations, such as failure to procure an occupational license, $60.00 plus court costs for class two violations, such as the display of pennants for sales promotion and $135.00 for a class one violation, such as a sign dangerously placed at an intersection. The three classes are based on class three being a purely regulatory function, class two, hindering the comfort and convenience and appearance of the public and class one, a threat to public health, safety and welfare. In response to questions, it was indicated a ticket could be issued each day that a violation exists. The present ordinance does not provide for a progression in the fine. Repeat violators will be taken to the Code Enforcement Board. Concerns were expressed regarding the ordinance stating they will be issuing citations to a person and whether or not this would include businesses. It was indicated that the definition of person does include businesses. A concern was raised that an inspector will have to decide whether or not to cite a business owner or property owner. The City Manager indicated he will be approving the ticket form. It was also reported some businesses will accept this as a cost of doing business and these individuals will have to be taken to the Code Enforcement Board. It was emphasized this is another enforcement tool to be used and it will not give instanteous results. Final Site Plan for Island Estates Dry Storage Marina located at 271 Windward Passage In August of 90, the City Commission reviewed a preliminary site plan for this site which proposed to add two additional levels of boats to the existing one level and thereby increase storage from 42 boats to a total storage of 126 boats. The Commission authorized the site plan to go forward through the review process with the final site plan returning to the Commission for final action. Prior to the City Commission meeting, the Planning and Zoning Board granted conditional use approval subject to several conditions one of which was that variances required must by approved by the Development Code Adjustment Board. The variances were denied by the Development Code Adjustment Board as the board was concerned about the non-conforming setbacks and parking on the site. The applicant has appealed the decision of the board, however, at the same time they have also submitted revised plans which meet all requirements of the current land development code including the total parking requirement for 126 slips. The additional parking spaces, which were not shown on the first plan, are being provided in the new parking area on the west side of the site, west of the proposed structure. A letter has been submitted from the Vice-President of the Clearwater Marine Science Center agreeing to the 20' ingress egress access easement across the northern portion of the Clearwater Marine Science Center property. The Planning and Development Director indicated most conditions of the site plan have been met and the traffic impact is a de minimus. A legal opinion was requested regarding the deed to the Marine Science Center and whether or not granting an easement would trigger the reverter clause to the State. A suggestion was made the applicants be requested to provide an easement to use for Marine Science Center property access. It was also requested the Marine Science Center be allowed access to the parking at the marina when the marina is closed. A concern was expressed regarding the future if the Marine Science Center property should revert to the City and the Commissioners desire not to have agreements that will have to be addressed at that time. Infill Housing Development Program and revised City Rehabilitation Loan Program The housing issue paper which was accepted by the City Commission in January contained as a key element the provision of new owner occupied housing on vacant lots in north greenwood. Staff has continued to implement this program. Key actions that have been taken include: 1) the support of financial institutions and a challenge fund to provide mortgages for new homes and home improvements loans have been established with pledges of 1,700,000; 2) Neighborhood Housing Services has hired an outreach worker who has recruited several qualified home buyers and several lot owners who are eager to participate; and 3) we have received approval from HUD to expend federal funds in support of new housing activities using neighborhood housing services as the eligible sub grantee. Several public policy issues must be decided prior to initiating this program. These issues address the form and terms of public subsidy to be provided to the home buyers. The total number of homes to be built in the first two years is proposed at 40. Under the recommended alternative, the direct public subsidy is estimated to be $360,000.00. CDBG funds for 89/90 and 90/91 have been programmed at $425,000.00. Additional funds of $375,000.00 are available from previously allocated equal housing and revenue sharing funds. An additional loan guarantee responsibility on the part of the City will require a 10 percent reserve against the outstanding mortgage balances or approximately $170,000.00 when all 40 homes are built. Rehabilitation loans are proposed to be treated differently under the challenge 2000 program. Both the establishment of the infill housing policies and the revision to the rehabilitation policies are scheduled to be discussed by the Neighborhood Advisory Committee. Their recommendation will be brought forward to the City Commission. Jim Polatty, Planning and Development Director, reviewed the proposal and stated the City providing for a soft second mortgage will help to make housing more affordable. He stated the program is modeled on a program in place in Tampa. In Tampa the defaults on the loans have been very low. It was indicated the rehab program would continue with deferred loans and 6 percent loans. Bank financing will be sought for clients with incomes between 80 and 120 percent of the area wide median income at favorable interest rates. Public funds will be available for those clients who can not repay loans. The City will guarantee payment of the loans for a five year period. It was indicated staff wishes to emphasize new housing construction in North Greenwood as there are 300 vacant lots scattered throughout the neighborhood. With the infill housing program, the City will help finance the construction and will provide counseling to the clients. Chris Papandreas, Community Development Director, reviewed the process that will be used. She stated there will be preselected, prescreened house plans available to the clients. She indicated impact fees will have to be considered. Mr. Polatty indicated that use of the soft second mortgage would require residents in the house for a period of five years. Questions were raised regarding requirements for maintenance of the home. Michael Wright, Assistant City Manager, requested consensus on some of the policies. Consensus of the Commission was that the five year time period for forgiving the loan was appropriate and the cap of $7,500.00 per unit for the soft second mortgage was reasonable. Questions were raised regarding the proposed $1,000.00 for landscape and irrigation and concerns were expressed regarding providing an irrigation system. Suggestions were made that staff investigate use of volunteers and civic groups be approached regarding an adopt a family program. In response to a question, it was indicated staff hopes to return with an approvable program within 30 days. A question was raised regarding who would oversee the program and it was indicated Chris Papandreas would have this responsibility. Suggestions were made regarding people being allowed to provide "sweat equity" and it was indicated this would have to be monitored very closely. It was indicated there will be two organizations that the City will work with and the applicant will need to go through counseling regarding what will be expected in regard to upkeep of the property. Discussion returned to the Island Estates Dry Storage Marina Site Plan. The City Attorney reported the reverter clause provides a use limitation on the whole property limiting its use to a Marine Science Center. It was indicated the City did retain a non-exclusive easement. A question was raised regarding whether or not the City should give this easement to the Marina property and if we were violating the use limitations on the property. It was indicated the Marine Science Center has rights to the easement as well. A concern was expressed regarding this becoming a two party easement as opposed to a public easement. The City Attorney indicated we can give a non-exclusive access easement to the property to the north. A question was again asked regarding whether or not this would be violating the restrictions on the property and it was indicated this would be for the State to determine. It was indicated there are three issues: 1) will the Marina allow the Marine Science Center to park on the Marina property when the Marina is closed; 2) will they allow the City to have an easement through their property and 3) is the City willing to let the Marina have an easement. City Attorney Reports Convenience Store Ordinance The City Attorney indicated he is convinced the City does not have to adopt this ordinance. Consensus of the Commission was to pull this from the agenda. Verbal Reports The City Manager indicated staff is attempting to set up another joint meeting with the Board of the Performing Arts Center and Theatre. The subject of the temporary use of Sipel's Restaurant for the Joslin Diabetes Institute was raised. The restaurant property was acquired by Morton Plant Hospital earlier this year and is zoned CR24. The Joslin Diabetes program proposes assessment education and research as the major activities to be conducted at the site. Their proposal is these activities constitute a personal service as defined by the land development code. The City Attorney, Al Galbraith; the Planning and Development Director, Jim Polatty and Assistant City Manager, Mike Wright have discussed the proposed use and believe a very broad interpretation of the definition of personal services, which is a permitted use in the CR24 zoning district, would allow the requested use on at least a temporary basis. It is clearly understood by the hospital a rezoning of the property will eventually be needed to allow a permanent hospital use on the property. Mike Wright, Assistant City Manager, indicated the hospital does wish to rezone the property but it wants to wait until it can come in with a specific site plan. He indicated that unless the Commission objects, they will allow the temporary use of the property by the Joslin Diabetes Institute. Consensus was there were no objections. Waiver agreement - Equitel/JP Hotels d/b/a Holiday Inn Surfside and Periotis It was requested that in paragraph 14 the number of citations be changed to 9 for public violations. In response to a question, it was indicated the property could have 21 watercraft and there are 4 waverunners included with this request. A question was raised regarding when the Commission would be discussing repairs to Pier 60 and the City Manager indicated it should be coming forward shortly. It was suggested that in conjunction with the repairs to the pier that some consideration be given to developing a gazebo or some other facility on the beach. Other Commission Action The mayor questioned a letter from Barbara Gilbert of the Mayor's Council regarding an environmental code committee. Commissioner Fitzgerald indicated he will discuss this and bring back additional information. Commissioner Berfield requested a report regarding the fire at the library and Mike Wright, Assistant City Manager, indicated it was an electrical fire that began in the main junction box. They have replaced this junction box and have installed a disconnect. There was no damage to the building. Commissioner Regulski expressed concerns regarding unmarked trucks doing businesses, such as lawn services, in neighborhoods. The code does require that all trucks used for businesses be identified. Commissioner Fitzgerald reported on the meeting of the Clearwater Housing Authority and stated there is a positive attitude by everyone and they are all working together. Commissioner Nunamaker suggested that consideration be given to using a median strip for parking for the police substation on the beach. It was also requested that information be provided regarding how much is being paid to the outside labor attorneys for labor negotiations. The meeting adjourned at 1:14 p.m.