11/18/1993 CITY COMMISSION MEETING
November 18, 1993
The City Commission of the City of Clearwater met in regular session at City Hall, Thursday, November 18, 1993 at 6:00 p.m., with the following members present:
Rita Garvey Mayor/Commissioner
Arthur X. Deegan, II Vice-Mayor/Commissioner
Richard Fitzgerald Commissioner
Sue A. Berfield Commissioner
Fred A. Thomas Commissioner
Also present:
Michael J. Wright City Manager
M.A. Galbraith, Jr. City Attorney
William C. Baker Public Works Director
Scott Shuford Central Permitting Director
Cynthia E. Goudeau City Clerk
Mary K. Diana Assistant City Clerk
The Mayor called the meeting to order and led the Pledge of Allegiance. The invocation was offered by Reverend Dennis MacAleer of Trinity Presbyterian Church.
In order to provide continuity for research, the items will be listed in agenda order although not necessarily discussed in that order.
ITEM #3 - Service Awards
Two service awards were presented to City employees.
ITEM #4 - Introductions and Awards
Proclamations:
Drunk & Drugged Driving Prevention Month - December 1993.
ITEM #5 - Presentations
Betty Jane Pucci, Parks and Recreation Department, presented a plaque from the Grapevine Theatre Company to the City in appreciation of 21 years of continued support of the cultural
arts.
Milton Cason, Sr., City's Loss Control Specialist, presented to the City the National Safety Council's Occupational Award for a reduction in the number of hours lost due to injury.
This is the fourth consecutive year the City has received this award.
Mayor Garvey presented The Torch Award from the National Safety Council, Pinellas County Chapter, to Mr. Cason.
ITEM #6 - Approval of Minutes - None.
PUBLIC HEARINGS
ITEM #7 - (Cont. from 11/8/93) Public Hearing & First Reading Ords. #5483-93, #5484-93 & #5485-93 - Annexation, Land Use Plan Amendment to Commercial General for Parcel A and to Residential/Office/Re
ail for Parcel B and CG Zoning for both parcels, for property located at 23917 US19N, Parcel A - Hill-Top Sub., part of Lot 7, Parcel B - Ehle Sub., part of Lot 1 (U-Haul of West Coast
of Florida A93-22, LUP93-30)(CP)
The subject property is located at the northeast corner of South Drive and US19, approximately 400 feet south of Sunset Point Road. The applicant plans to expand his operation to an
adjacent parcel to the northeast of the subject property. The property involved in the expansion plans is already in the City.
The applicant has requested a future land use category of Commercial General for all of his property. Parcel "A" already has a Countywide Future Land Use classification of Commercial
General, therefore no changes are necessary. Parcel "B", however, has a County Future Land Use classification of Residential/Office/Retail (R/O/R), and, if the applicant's petition
is approved as requested, a Countywide Plan change would be necessary.
Both plan categories permit General Commercial (CG) zoning districts. However, CG zoning districts in R/O/R plan categories are restricted to 18 dwelling units or 30 hotel/motel units
per gross acre. Land with a Future Land Use category of Commercial General is allowed 24 dwelling units or 40 hotel/motel units per gross acre. Other requirements for CG zoning districts
are the same for both Future Land Use categories. Staff recommends that no changes to the Countywide Plan be processed due to anticipated difficulties in obtaining approval from the
PPC due to its desire to maintain a R/O/R classification along US19, the associated delay for the applicant, and the minimal difference between the two plan categories (the applicant's
existing use would be permitted in either of the two categories).
On November 2, 1993, the Planning and Zoning Board recommended approval of the staff recommendation concerning this request.
Mark Scotsimmee, representing the applicant, concurred with staff's recommendations stating they desire to develop the property under one jurisdiction.
Commissioner Thomas moved to approve annexation, a land use plan amendment to Commercial General for Parcel A and to Residential/Office/Retail for Parcel B and CG zoning for both parcels,
for the subject property. The motion was duly seconded.
In response to a question, Mr. Shuford indicated the applicant's future plans fit within the proposed land use category.
Upon the vote being taken, the motion carried unanimously.
The City Attorney presented Ordinance #5483-93 for first reading and read it by title only. Commissioner Thomas moved to pass Ordinance #5483-93 on first reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
The City Attorney presented Ordinance #5484-93 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5484-93 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
The City Attorney presented Ordinance #5485-93 for first reading and read it by title only. Commissioner Thomas moved to pass Ordinance #5485-93 on first reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
ITEM #8 - Alcoholic Beverage Separation Distance Variance for property located at 23988 US19N, Blackburn's Sub., part of Lot 1 and part of vacated street (Chevron, U.S.A., Inc., AB93-13)(CP)
This is a request for an alcoholic beverage separation distance variance to allow package sales of beer and wine (2 PS) at an existing Chevron gasoline service station and convenience
store. The operating hours of the service station/convenience store are 24 hours a day, seven days a week. There are six business establishments within 300 feet of the subject property
licensed for alcoholic beverage sales.
There were no negative comments received from the Police Department or other City departments concerning this request.
On September 14, 1993, the Planning and Zoning Board approved a conditional use permit subject to: 1) the requisite occupational license shall be obtained within six months from the
date of this public hearing; 2) the applicant shall obtain the requisite alcoholic beverage separation distance variance from the City Commission; and 3) there shall be no consumption
of beer and wine on premises.
Franklin Johnson, business owner, said he is requesting the variance to compete with licensed establishments in the area. He pointed out he is not located close to a school or a church.
Commissioner Berfield expressed concern there are six alcoholic beverage establishments within 300 feet of this property. She said the previous owner ran a successful business without
selling alcoholic beverages.
Commissioner Thomas felt the state should be requested to prohibit the sale of refrigerated alcoholic beverages at gas stations. Mayor Garvey responded this is part of the City's legislative
package. Commissioner Thomas felt the process should be started with this application. Mayor Garvey felt advance notice should be given by staff to the applicant that a request may
carry such a condition.
Discussion ensued regarding whether or not this application, if approved, should be conditioned upon there being no sale of refrigerated alcoholic beverages allowed. A question was
raised as to the fairness of such a condition. The City Attorney responded he was not prepared to comment on the fairness of the condition.
Commissioner Deegan endorsed requesting the state to prohibit sale of cold alcoholic beverages; however, felt placing a condition such as this on the request would not be fair.
Mr. Johnson agreed the sale of cold alcoholic beverages needed to be addressed at a state level. He felt grocery stores selling cold alcoholic beverages needed to be addressed as well.
Commissioner Deegan moved to approve a variance of 67 feet to allow an alcoholic beverage sales use 133 feet from a similarly licensed establishment for the subject property. The motion
was duly seconded and upon the vote being taken, Commissioners Fitzgerald and Deegan and Mayor Garvey voted "aye;" Commissioners Berfield and Thomas voted "nay." Motion carried.
Commissioner Berfield felt this issue could be addressed when the new alcoholic beverage ordinance is reviewed.
ITEM #9 - Alcoholic Beverage Separation Distance Variances for property (Walgreens Drug Store) located at 2005 Gulf-to-Bay Blvd., Midway Sub., Lots 1-12 (Morritt Homes, Inc. AB93-12)(CP)
AND
ITEM #9a - (Not a Public Hearing) Preliminary Site Plan for Walgreens Drug Store located at SE corner of Gulf-to-Bay Blvd. and Hercules Ave. (Vietto)(CP)
The City Manager reported a parking variance for this development was denied by the Development Code Adjustment Board and the request cannot come forward in its present form.
Cathy Schmidt, president Clearwater High School PTA, requested public notice be given when this item and the alcoholic beverage ordinance are agendaed.
There was discussion regarding an article in the newspaper causing some confusion that a variance had been granted for this development.
Connie Glasco, Oak Grove Middle School, supported the existing 300 foot separation distance between alcoholic beverage establishments and schools. She submitted a petition in opposition
to the building of Walgreen's.
Larry Gilbart questioned whether or not Walgreen's would return for a variance and the City Manager indicated they may be able to solve their problems without a variance. The City Attorney
indicated there are a number of possibilities available to Walgreen's such as appealing the decision of the Development Code Adjustment Board to a hearing officer or building elsewhere.
Dennis McAleer, pastor of the Trinity Presbyterian Church, voiced his board's opposition to the request.
Commissioner Deegan, referring to a joint meeting with the Planning & Zoning Board on the alcoholic beverage ordinance, pointed out the Commission's preference was to not allow variances
to the 300 foot separation distance from churches and schools and felt it only fair to applicants to know this upfront. He said clear direction had been given to staff. The City Manager
requested the Commission vote on this issue so there would be no misunderstanding.
Commissioner Thomas asked what confused staff at the joint meeting and the City Manager said he was not clear on the parking variance issue. Discussion ensued in regard to this issue.
Commissioner Fitzgerald felt there was some confusion as to what happened as he thought the parking variance had been addressed. Commissioner Deegan said if anything was clear it was
to hold the 300 foot separation distance from schools and churches sacrosanct.
Mayor Garvey said there are rules in process regarding the alcoholic beverage separation distance and the applicants need to beware; however, felt the burden should not be put on staff.
Commissioner Berfield asked when the alcoholic beverage ordinance would be coming back for review. The City Attorney responded it will be a long and complicated ordinance. He recommended
bringing back the distance separation issue as a separate ordinance to facilitate it.
Commissioner Deegan said without a draft ordinance to review it is difficult to give clear direction. Mayor Garvey said the intent is to prepare a potential ordinance dealing with alcoholic
beverage separation distances from churches and schools. The City Attorney said the ordinance could be written in such a way there would be no alcoholic beverage separation distance
variances from churches and schools allowed.
Commissioner Deegan moved to instruct staff to come back with a distance variance from churches and schools such that there will be no variances granted within a 300 foot
separation from churches and schools; highways or anything else regardless. The motion was duly seconded.
The City Manager asked a definition of schools be given and the method of measuring the distance. Commissioner Berfield responded the distance should be measured from property to property.
Commissioner Deegan felt all schools should be included, including colleges. He suggested the word "accredited" be used when referring to schools. The City Attorney responded there
are private schools that are not accredited. He felt approving no distance variances for schools and churches could be dealt with more quickly. Commissioner Deegan said the property
to property measurement was preferred and felt this could be dealt with now. The City Attorney said he would be drafting two separate ordinances.
Commissioner Berfield asked if the distance variance should be limited to 300 feet. Mayor Garvey responded she was under the impression there would be no variance to 300 feet as currently
measured. Commissioner Berfield recommended 400 to 500 feet separation distance. Commissioner Thomas agreed with 500 feet. Commissioner Fitzgerald said he would like to know the ramifications
of the differences in the distance.
The City Attorney was directed to prepare an ordinance. He responded he would be bringing a draft ordinance for receipt and referral on December 2, 1993, not allowing variances from
churches and schools and the Commission could decide the distance at that time.
Commissioner Deegan withdrew the motion on the floor and the seconder withdrew his second.
The City Attorney clarified he will be bringing back an ordinance allowing no distance variances from churches and schools and an ordinance relating to the method of measuring the distance
going from property line to property line.
Commissioner Thomas asked if either ordinance would include a definition for "school" and the City Manager felt going to 500 feet separation would require a clear definition due to the
impact. Commissioner Deegan recommended using the same definition for schools that is given in the adult use ordinance.
Mayor Garvey clarified staff has been directed to come back with a draft ordinance allowing no alcoholic beverage distance variances within a blank number of feet of churches and schools.
ITEM #10 - (Cont. from 10/21/93) Public Hearing - Declare surplus a 100' wide portion of city-owned real property at Clearwater Country Club for the purpose of granting a power distribution
easement to Florida Power Corporation over, under and across same; Res. #93-59 - dedicating the easement premises to the corp. (PW)
Since 1958 the Clearwater Country Club has watered its golf course using underground well water delivered to the surface by four pumping stations. Florida Power has provided electric
service for the pumps through a 4 wire, 3 phase overhead line across an easement
running from the juncture of Palmetto Street and Kings Highway approximately 365 feet into the country club property.
The City will shortly begin to deliver treated effluent water to the country club from the Marshall Street treatment plant. The State Department of Environmental Protection permit requires
the country club to provide a 1,200,000 gallon retention pond to receive the water. The pond will not exceed 9 feet in depth and will cover approximately one acre. The existing overhead
power distribution line will be removed, terminating that easement area, and a new underground line in conduit will be run generally parallel to and immediately east of the present line
to a new point of service approximately 550 feet into the country club property from the juncture of Palmetto Street and Kings Highway. This new power distribution line will service
a single 125 horsepower pump to water the entire property. The 4 existing pumps will be removed and the wells closed.
Granting the power distribution easement will facilitate completion of the effluent water delivery project to the Clearwater Country Club.
Commissioner Thomas asked why property has to be declared surplus in order to grant an easement. The City Attorney responded the charter requires property be declared surplus prior
to disposal.
Commissioner Thomas moved to declare surplus a 100 foot wide portion of City owned real property at Clearwater Country Club located 50 feet on each side of a line extending 530 feet
south of, and thence 130 feet west of, the intersection of Palmetto Street and Kings Highway for the purpose of granting a power distribution easement to Florida Power Corporation over,
under and across same. The motion was duly seconded.
Commissioner Deegan asked why the Country Club wants to build a retention pond. Public Works Director Bill Baker said they will need a storage pond for the water purchased from the City
until they use it for irrigation. Commissioner Deegan asked why shut down the wells. Mr. Baker said the City and SWFWMD desired the wells be shut down and reclaimed water used so the
ground water can be recharged. He said the wells they have been using are probably not reliable.
Commissioner Thomas asked from where the reclaimed water was coming. Mr. Baker responded from the Marshall Street plant. He said the pipes are already in the ground and the only costs
to the City will be for delivery of the water.
Upon the vote being taken, the motion carried unanimously.
The City Attorney presented Resolution #93-59 and read it by title only. Commissioner Thomas moved to pass and adopt Resolution #93-59 and authorize the appropriate officials to execute
same. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
ITEM #10a - (Not a Public Hearing) First Reading Ord. #5325-93 - Establishing City's reclaimed water rate system and recovering City costs for reclaimed water service from the benefiting
properties
The City supplies reclaimed water for irrigation to the Countryside Country Club (211 acres); the Chi Chi Rodriguez Golf Club (126 acres); the PGA Driving Range (40 acres); and the Countryside
Soccer Complex (12 acres).
The City has recently constructed a new reclaimed water pipeline and pumping facilities to also supply reclaimed water in the western parts of the City, with initial service to be provided
to the Clearwater Country Club (94 acres).
In February 1993, the City adopted Reclaimed Water Ordinance #5324-93 to formally establish the City's reclaimed water system utility in compliance with federal and state regulations
and requirements.
Annual costs to supply reclaimed water to these five properties is estimated to be $198,000. Due to an earlier position by the Florida Department of Environmental Regulation (FDER)
wherein the City was under an obligation to find means of disposing of sanitary sewer effluent other than the discharge into waterbodies, the City has heretofore provided reclaimed water
at no cost to existing customers. Now that the Advanced Wastewater Treatment rule (wherein the City has upgraded its wastewater treatment plants at a cost of $50 million) has eliminated
the earlier "zero discharge rule", the cost to provide reclaimed water should be recovered from reclaimed water users.
The proposed reclaimed water rate ordinance essentially provides that the existing and the new reclaimed water customers will pay a reclaimed water charge which will recover the City's
costs to provide that water. The reclaimed water rate is based on allocating system costs according to the area irrigated by each customer. A reclaimed water rate of $34 per month
per acre of irrigated area is recommended. The reclaimed water system customers will be allowed to irrigate independent of the water use restrictions which limit the times for irrigation
by other city utility customers.
Approval of this item will result in the following billings:
Monthly Charge Annual Charge
Countryside Country Club - 211 acres $7,174 $ 86,088
Chi Chi Rodriguez Golf Club - 126 acres $4,284 $ 51,408
PGA Driving Range - 40 acres $1,360 $ 16,320
Countryside Soccer Complex - 12 acres $ 408 $ 4,896
Clearwater Country Club - 94 acres $3,196 $ 38,352
$197,064
Public Works Director Bill Baker briefly explained the City's efforts to dispose of reclaimed water. He said the City has been giving the water away for a 20-year period. He
stated in 1982 the City was permitted to produce a clear effluent that could be discharged and there is no longer a reason to continue to give it away. Camp, Dresser and McKee determined
the methodology for a rate which is associated with producing and delivering this water.
Commissioner Thomas moved to approve the establishment of the City's reclaimed water system and to recover the City's costs for reclaimed water from the benefitting properties. The
motion was duly seconded.
The City Manager pointed out the reclaimed water rate ordinance has an effective date of January 1, 1994. He expressed concern the country clubs may not have been notified citing a
major budgetary impact on them.
Commissioner Fitzgerald asked if these parties have been advised the ordinance is to go into effect. Mr. Baker said every one of these customers would have been devastated in time of
drought if not for this availability of water. He said there have been discussions and they are aware of the ordinance.
The City Manager asked if these customers can obtain a consumptive use permit for wells if they have access to reclaimed water. Tom Burke, CDM, said they could not. Commissioner Fitzgerald
felt the existing customers should have some lead time to adjust. Mr. Burke said there were informal discussions some time ago. In response to a question, Mr. Burke said the intent
of the ordinance is to recover the cost to make the water available.
There was discussion regarding whether meters should be used to record actual use. It was pointed out the agenda memo incorrectly reflected meters would be used.
Commissioner Deegan asked why the City is recovering cost from just the five subject properties. Mr. Burke said they are the only ones connected. He said if the system expands, the
customer base would also expand and the unit rate would decrease. Commissioner Deegan said he would quarrel with charging these five people now. He expressed concern charging these
customers the total cost of the facility. Mr. Baker said the commodity will continue to be free; they are only paying for cost of delivery. Commissioner Deegan questioned why these
five properties are paying for the total cost if the facility can pump out more water than they can use.
Mr. Burke said the total cost of $2,000,000 plus only includes the pipes and the pump stations to get the water to these properties. The City Manager said we are only dealing with the
water delivery to the sites. Mr. Baker said the $34/month/acre charge is based on a logical methodology but it can be changed.
Discussion ensued regarding whether the Commission wanted to charge for reclaimed water and the amount they wanted to charge. Commissioner Thomas asked staff if the rate they are recommending
is a fair one and Mr. Burke indicated it was. Consensus was to charge for reclaimed water and to use the rate recommended by staff.
There was discussion regarding the effective date. Commissioner Thomas felt 90 days was adequate. Commissioner Deegan felt due to the prior discussions regarding a charge
January 1, 1994 was fair and Mayor Garvey agreed. Commissioner Berfield asked how much notice is given to citizens when water rates are raised and Mr. Burke said he believed 90 days.
Commissioner Fitzgerald found 90 days appropriate indicating it would give sufficient time to factor this cost into upcoming budgets. Commissioner Thomas asked the Commission to support
a 90-day notice.
Howard Groth questioned whether the Clearwater Country Club is aware of this rate because this expense was not included in their budget which was approved on Tuesday night. Mr. Baker
pointed out the Clearwater Country Club advocated this project. Mr. Groth said he was not saying the Club should not pay, he is just concerned they were not aware and supported a 90
day effective date.
Commissioner Deegan asked when delivery to that site will be started and Mr. Baker responded about the time the City starts charging. Mr. Groth said the storage pond is currently being
built and should be ready in mid December.
Gary Benjamin questioned how much work on the project has already been done. Mr. Baker indicated all of it. Mr. Benjamin expressed concern in determining the charge after the work
has already been done and the cost incurred. Mr. Baker said the reclaimed water pipes were put in at the same time the City installed a new sanitary sewer line to save money. Mr. Benjamin
asked if the City knew at that time they would charge a rate for the reclaimed water. Mr. Baker responded they did.
Mr. Baker said the Clearwater Country Club, during drought times over the last few years, has almost been destroyed. They pleaded with the City to put in pipes and agreed to pay a price
to be determined later. Mr. Benjamin asked if the distribution network is expanded, would others benefit. Mayor Garvey said if expanded to the residential areas, water would be available
at a cost. Commissioner Thomas pointed out the cost would be tremendous to expand to residential.
Mayor Garvey asked if the Chi Chi Rodriquez Golf Club's wetlands were included in their acreage calculations. Mr. Burke said gross acres were used.
Upon the vote being taken on the motion to establish the City's reclaimed water system and to recover city cost from benefitting property owners, the motion carried unanimously.
The City Attorney presented Ordinance #5325-93 for first reading and read it by title only.
Commissioner Thomas moved to amend Ordinance #5325-93 in Section 3 by changing the effective date to "90 days from the date of passage of the ordinance". The motion was duly seconded.
Upon the vote being taken, Commissioners Fitzgerald, Deegan and Thomas voted "aye;" Commissioner Berfield and Mayor Garvey voted "nay." Motion carried.
Commissioner Thomas moved to pass Ordinance #5325-93 as amended on first reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Deegan and Thomas.
"Nays": Berfield and Garvey.
Motion carried.
Public Hearing - Second Reading Ordinances
ITEM #11 - Ord. #5398-93 - IL Zoning for property, Parcels A & B, located at 508-602 N. Garden Ave., Parcel A - Nicholson & Sloan's Addition, Lots 7 & part of 8; Parcel B - Nicholson
& Sloan's Addition, Lot 9 and part of Lot 8 and Bidwell's Oakwood Addition, Lot 29 & 30, approx. 1.12 acres (Bilgutay Z93-04)
The City Attorney presented Ordinance #5398-93 for second reading and read it by title only. Commissioner Thomas moved to pass and adopt Ordinance #5398-93 on second and final reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
ITEM #12 - Ord. #5434-93 - Appointive boards & committees of the City; amending Sections 2.061 through 2.069
The City Attorney presented Ordinance #5434-93 for second reading and read it by title only. Commissioner Thomas moved to pass and adopt Ordinance #5434-93 on second and final reading.
The motion was duly seconded.
Mayor Garvey voiced her opposition to changing to four-year terms.
Upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan and Thomas.
"Nays": Garvey.
Motion carried.
ITEM #13 - Ord. #5460-93 - LDCA amending Secs. 44.08 & 44.54, to allow temporary signs under certain circumstances
Commissioner Thomas moved to amend Ordinance #5460-93 on page 3, in Section 44.54(6)(b)4, add at the end of the sentence "and with all pennants not exceeding an aggregate area of 100
square feet."; and on page 3, in Section 44.54(6)(d), in the second sentence, change "issuance" to "installation" and add "or 30 days after issuance, whichever occurs earlier" (two places).
The motion was duly seconded.
Mayor Garvey said she did not find pennants to be aesthetically pleasing and Commissioner Thomas responded they are not permanent and can only be used for new businesses.
Upon the vote being taken, Commissioners Fitzgerald, Berfield, Deegan and Thomas voted "aye;" Mayor Garvey voted "nay." Motion carried.
The City Attorney presented Ordinance #5460-93 as amended for second reading and read it by title only. Commissioner Thomas moved to pass and adopt Ordinance #5460-93 as amended on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Deegan and Thomas.
"Nays": Fitzgerald and Garvey.
Motion carried.
ITEM #14 - NO ITEM.
ITEM #15 - Ord. #5489-93 - Vacating south 1.5' of the northerly 10' drainage & utility easement lying in Lot 197, Woodgate of Countryside Unit One (Gantley V93-12)
The City Attorney presented Ordinance #5489-93 for second reading and read it by title only. Commissioner Deegan moved to pass and adopt Ordinance #5489-93 on second and final reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
ITEM #16 - NO ITEM.
ITEM #16a - Ord. #5493-93 - Amending Sec. 2.145, relating to the Downtown Development Board's (DDB) freeholders' referendum elections, to provide for one ballot per parcel of property
rather than one ballot per owner of property and revising or eliminating certain obsolete provisions
The City Attorney presented Ordinance #5493-93 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5493-93 on second and final reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
Referring to a memo from the City Attorney, Commissioner Deegan clarified a referenda can be held other than just for boundary changes; the vote on boundary changes is to be held among
the freeholders of an area to be added to the downtown area, or if an area is to be deleted from the downtown area, all of the freeholders within the downtown area; and a freeholder
has to be an elector defined in the Florida Constitution as a human type person. He pointed out this would eliminate the City from voting. The City Manger asked if this applied to
corporations because it would eliminate most commercial properties from having a vote.
Commissioner Thomas asked if the Commission has the right to correct this deficiency and it was indicated it did.
A question was raised when the next election of the DDB takes place and the City Clerk responded December 7, 1993. Concern was expressed there may be a great number of invalid ballots
due to the definition of freeholder. The City Clerk said the Downtown Development Board bylaws address corporations and their ability to vote. Discussion ensued in regard to the impact
on the current election and the City Clerk said she would need to consult with the City Attorney.
Later in the meeting, the City Attorney clarified that the Downtown Development Board ordinance allows corporations a vote in an election of Downtown Development Board members.
The meeting recessed from 8:05 p.m. to 8:19 p.m.
ITEM #17 - Special Items of widespread public interest
a) PD&E Study of Drew Street (Post, Buckley, Schuh & Jernigan) (PW)
Marshid D. Arasteh, Florida Department of Transportation (FDOT) Project Manager, gave a brief overview of the project indicating the go ahead was given on December 14, 1992 to look at
the Cleveland Street/Drew Street combination. She said the four alternatives chosen were the (1) no build alternative; (2) widening of Drew Street from North Fort Harrison Avenue to
Northeast Coachman Road; (3) converting segments of Drew and Cleveland Streets to a short one-way pair operation from Pierce Boulevard to Evergreen Avenue and widening Drew Street from
Evergreen Avenue to Northeast Coachman Road and (4) converting Drew and Cleveland Streets to a long one-way pair operation from Pierce Boulevard to Northeast Coachman Road/Nimbus Avenue.
She said these alternatives were presented at the May 17, 1993 City Commission Meeting and a public workshop was held on June 24, 1993. The comments from the public workshop were summarized
and presented to the Commission on August 19, 1993. She stated a preferred alternative has been selected.
Sharon Phillips, Program Manager, Post, Buckley, Schuh & Jernigan, presented the preferred alternative and the methodology for its selection. She briefly reviewed the process used to
identify the alternative. She said the major steps used were first to identify the preferred alternative for the widening of Drew Street segment by segment and compare it to the short
one-way pair and then compare the short one-way pair to the long one-way pair. Ms. Phillips reviewed the process of evaluating each alternative and their impacts. She said the recommendation
is for the short one-way pair: Segment 1 - one-way pair (Drew and Cleveland
Streets) from Pierce Boulevard to Evergreen Avenue; Segment 2 - widen Drew Street on north side from Evergreen Avenue to Orion Avenue; and Segment 3 - widen Drew Street on both sides
(center alignment) from Orion Avenue to Northeast Coachman Road.
Jim Kennedy, Post, Buckley, Schuh & Jernigan, said there are meetings scheduled with the Federal Highway Administration sometime in late January or early February. He said the study
may not have come out exactly as Clearwater would like but felt this was the best use of the funds available to improve the east/west traffic flow. He said the DOT will go to a public
hearing with the preferred alternative and a no improvement alternative. He said DOT recognizes the fact a highway takes a long time to build. He said the bridge study Clearwater is
embarking upon will impact traffic circulation patterns downtown. Recognizing this, DOT has only programmed Segments 2 and 3 for right-of-way. Mr. Kennedy indicated the City would
benefit by $13,000,000 in federal aid for this alternative. He said things change over time and it is recognized the one-way pair may not be the best alternative for the future and
DOT is only programming that section of the highway they know will remain constant. It will take 18 months to design the project and it will be re-evaluated. He said the department
is proceeding toward the hearing.
Commissioner Thomas asked if the Commission has the right to say whether they want any changes. Ms. Arasteh said the City has this right. Mayor Garvey questioned if DOT could make
a decision on what is needed and then the City would not have a say.
Mr. Kennedy said the City definitely has an opinion on this project and indicated the DOT is not going to implement a Drew Street improvement if Clearwater opts for a no build. He indicated
if nothing changes the current data this decision is based on, there will probably be a one-way pair. He said the process will take about 5 years indicating if the City puts a bridge
on Drew Street, the City could probably get a 4-6 lane divided road on Drew Street.
Commissioner Deegan pointed out that Mr. Kennedy, in the past, had said he did not think DOT would do anything contrary to what the Commission suggested. However, DOT is going to public
hearing with the no build alternative and the preferred alternative and the Commission never took a vote regarding what they wanted for Drew Street.
Ms. Arasteh said the PD&E study needs to be completed first and then implemented. She said the department would not implement a scenario that was unfavorable to the City of Clearwater.
Commissioner Deegan expressed concern the department is freezing out some of the alternatives. Mr. Kennedy felt if the City wants to recommend another alternative to the department,
they would give it consideration. He said at this time DOT considers the preferred alternative as the best one.
Commissioner Deegan asked if the City is paying for the study and Mr. Kennedy responded they are. He expressed concern the recommendation went to the DOT before coming before the Commission
and there was no opportunity to deliberate and give an opinion. Mr. Kennedy responded the data was provided to staff at the same time it was given to the department. He asked if the
Commission wanted to delay the study. In response to when the public hearing was scheduled, Mr. Kennedy said in March; however, it could be accelerated.
The City Manager asked if the one-way pair has to be implemented or could the City build the recommended alternative without implementing the one-way pair until needed. Mr. Kennedy
said this is the direction the department is heading. He pointed out a representative of the Commission sits on the MPO allowing the City to partially control what projects are brought
forward for implementation.
Mayor Garvey mentioned intersection improvements along Drew Street that were stopped waiting for the culmination of this project. Mr. Kennedy said widening the lanes would basically
improve the intersections.
Commissioner Thomas said he would like the consultants to stop what they are doing and have staff provide input and then a decision can be made on where the City wants to go. He said
he would like to have open debate on the issue and determine whether the City should wait for the bridge study.
Mayor Garvey felt it should be scheduled as an agenda item to address the options before going any further.
Ms. Arasteh felt that since all the information and data that is needed for an environmental document has been obtained, it would be best to proceed to get the document. The plan can
be re-evaluated at a future date.
Commissioner Thomas disagreed because there was no opportunity to discuss the other alternatives. He felt the Commission should have the right to look at all options. Mayor Garvey
suggested scheduling it for discussion.
Commissioner Fitzgerald asked if the improvements would be the same in all three alternatives with regard to the portion of the road from Northeast Coachman to Evergreen and Mr. Kennedy
responded they would be except for the long one-way pair. Mr. Kennedy said the county will be doing improvements on Drew Street.
Mr. Baker asked if the PD&E study proves that something needs to be done on Drew Street. Ms. Arasteh responded the study supports it. He asked if the preferred alternative was driven
by economics and Ms. Phillips responded there was strong opposition to a one-way pair on a major portion of Cleveland Street. Mr. Kennedy said all factors were considered.
Commissioner Thomas noted the alternative chosen is 50 percent more expensive than alternative 3 and Mr. Kennedy said cost is not necessarily an overriding consideration. Mr. Baker
asked if the short one-way pair alternative was to go forward, what would be the sequence of events. Mr. Kennedy responded first the section between Coachman and Evergreen would be
built and then they would wait for the bridge study to be completed. Mr. Baker asked if the one-way pair would have to be done if there is no new data to warrant it and the Commission
did not want this alternative. Mr. Kennedy responded only if there was an overriding need to improve traffic circulation in the area. In response to a question, Mr. Kennedy responded
based on all available information the best solution to move traffic on Drew Street is the short one-way pair solution.
Commissioner Thomas asked if the Commission wanted to have Drew Street widened between Coachman and Evergreen and at a later date give consideration to a one-way pair, would DOT come
forward and widen Drew Street. Ms. Arasteh noted construction and the study are two different phases. She said construction would come first and one-way pairs could be considered later.
The City Manager stated the City is not bound to a one-way pair and Ms. Arasteh concurred.
Commissioner Thomas said he did not have a problem with rebuilding Drew Street from Coachman to Evergreen but wanted the opportunity to make a secondary decision regarding whether or
not to implement the one-way pairs. Ms. Arasteh explained a PD&E study is required to come up with a document for the FHWA to approve. She said how the project is implemented is a
separate issue. She said if nothing changes in the future, she recommended going with the one-way pair. She said the project is re-evaluated after different stages.
Commissioner Thomas asked if the road is built to Evergreen Road, does the Commission have the right to say sometime in the future they do not want one-way pairs. Ms. Arasteh responded
if there is a viable reason. Commissioner Deegan pointed out the "hook" is receiving federal funding.
Commissioner Thomas expressed concern that once federal dollars are received the City would not have the right to determine the destiny of the project. Mr. Kennedy said even though
an alternative is approved it could change. Commissioner Thomas expressed concern it would be under DOT's direction.
Commissioner Deegan pointed out the name of the section of road north of Cleveland Street was marked Pierce Boulevard on the map in the PD&E study. Mr. Baker indicated it should be
Drew Street.
Discussion ensued in regard to scheduling meetings to review all alternatives and receive public input. A Monday worksession is to be scheduled to discuss all alternatives for Drew
Street to be followed by a Thursday meeting to receive public input.
ITEM #18 - Citizens to be heard regarding items not on the Agenda
David Fellows requested the Commission prepare a proclamation not allowing any new businesses to sell alcoholic beverages within 300 feet of any church or school within the City.
Robert Clark complained regarding juvenile vandalism in the Northwood section and the Florida education system being a disaster. He said federal funds need to be sought for compulsory
education.
Ernie Barber said the City's engineering department is not being used to its full efficiency. He felt not enough research was done regarding the removal of the westernmost bridge.
He expressed concern regarding 8-foot parking lanes along Cleveland Street.
Pat Bardmore requested consideration of regulating occupational licenses for adult video stores adjacent to schools. He complimented Public Works for trying to put sewers in Dora Drive.
Shirley Moran thanked the Commission for support of Holiday on the Islands.
Steve Saliga asked the public be informed when items regarding the Drew Street widening are scheduled. He thanked Commissioners Deegan and Thomas for paying special attention to cable
television problem.
Robert Wright thanked the Commission for including corporation filing fee as a preferred item as part of the City's legislative package. He expressed disappointment the enclave issue
was not pushed. The City Attorney is to expedite working with the County Attorney regarding this issue.
CITY MANAGER REPORTS
CONSENT AGENDA (Items #19-29)
ITEM #19 - Renewal of non-exclusive Medical Services Agreement with Doctor's Walk-In Clinic for medical services to city employees suffering job-connected injuries/illnesses, for the
period 1/1/94-12/31/94, at an est. $35,000 (AS)
ITEM #20 - Renewal of contract with HCA Family Care Centers Walk-In Clinics, Largo, FL, for physical examinations and other medical services, for the period 1/1/94-12/31/94, for an est.
$41,682.91 (HR)
ITEM #21 - Extension of contract with Louis Dreyfus Energy Corp., Atlanta, GA, for interim purchase of premium fuel, for the period 10/16/93-12/15/93, at an est. $80,000 (GS)
ITEM #22 - Extension of contract with BP Oil Company, Atlanta, GA, for interim purchase of diesel fuel, for the period 10/15/93-12/15/93, at an est. $36,800 (GS)
ITEM #23 - See page 19
ITEM #24 - Transfer of $8,288 from unappropriated retained earnings of Marina Fund into CIP 93483 (Marina Building Improvements) for fabrication and installation of 12 signs on marina
building (MR)
ITEM #25 - See page 19
ITEM #26 - Receipt/Referral - proposed LDCA re: revisions to Planned Development District requirements (LDCA 93-16)(CP)
ITEM #27 - Preliminary Site Plan for First Evangelical Lutheran Church located at 1644 Nursery Road (Howard)(CP)
ITEM #28 - Preliminary Site Plan for Dosatron International, Inc. located at 2090 Sunnydale Blvd., Clearwater Industrial Park (Sunshine Properties/Kelly)(CP)
ITEM #29 - Sanitary sewer lien agreement (1654 Owen Drive - Alexiades)(CA)
Commissioner Berfield moved to approve the Consent Agenda as submitted less Items #23 and #25 and that the appropriate officials be authorized to execute same. The motion was duly seconded
and carried unanimously.
ITEM #23 - Purchase of lubrication services from Pelican Car Wash and Quick Lube, Inc., Clearwater, FL, for the period 11/19/93-11/18/94, at an est. $11,343 (GS)
Bids were solicited for the purchase of lubrication services. This contract provides for the routine, recurring lubrication and inspection of city vehicles. Contracting these services
ensures the service will be performed on schedule and purchased at a competitive price.
Nine firms did not respond to the bid solicitation for the following reasons: 5 do not offer the service, 2 stated scheduling conflicts, and 2 stated insufficient time to respond to
the bid solicitation. Staff recommends the low bidder, Pelican Car Wash and Quick Lube, Inc., Clearwater, Florida, be awarded the contract for Bid No. 176-93.
Funding for this purchase is budgeted in Equipment Repair - Commercial (566-06611-546500-590-000) which has an available balance of $381,382 as of October 20, 1993. Fiscal year impact
for 1993/94 will be $11,343.
Commissioner Berfield asked if the bidders had sufficient time to respond and it was noted they did.
Commissioner Berfield moved to approve a one-year contract to Pelican Car Wash and Quick Lube, Inc., Clearwater for the purchase of lubrication services at a estimated cost of $11,343.00.
The motion was duly seconded and carried unanimously.
ITEM #25 - 5th amendment to paragraph 3 of lease agreement dated 6/1/90 with Starlight Holdings, Inc., for Room 8 (MR)
Mrs. Cathy M. Acker, President of Starlight Holdings, Inc. and current lessee of Room 8 in the marina building, requests that paragraph 3 of her lease agreement be amended to include
the sales of: foreign cigarettes only; small office supplies, mens and ladies toiletries, southwestern USA items, crystals, marine accessories, country store items, card shop items
and works of art.
The lease agreement with Starlight Holdings, Inc. expires on November 30, 1994. All other conditions, limitations, restrictions and obligations of the current lease agreement will remain
in effect throughout the term of the lease.
Commissioner Berfield asked if expiring leases are being checked for the net/net/net clause regarding the payment of taxes. The City Manager indicated there is a clause in virtually
every agreement the lessee is responsible for the taxes. Commissioner Berfield said if the lease is not written a certain way, the City will be responsible for the taxes. The City
Manager pointed out the subject agreement is just being amended.
The City Clerk said direction had been given by the Commission as leases come up for renewal or new leases are brought forward the lessee will be responsible for payment of taxes. Assistant
City Manager Betty Deptula said the City is not paying any taxes on the current leases except possibly for Jack Russell.
Commissioner Thomas asked if a resolution had been passed that all leases are required to be triple net. Staff is to review and report back to the Commission.
Commissioner Berfield moved to approve the subject lease agreement with Starlight Holdings, Inc. The motion was duly seconded and carried unanimously.
OTHER ITEMS ON CITY MANAGER REPORT
ITEM #30 - Consolidated City Hall Project Discussion
Deputy City Manager Kathy Rice reported presentations have been made previously and staff is awaiting direction to move forward in order to bring the design build teams to the Commission.
Ms. Rice indicated by consolidating City Hall it is anticipated there would be a one time savings of approximately $907,000.00 and a minimum of $213,000.00 annually in operating costs.
Commissioner Thomas did not agree with staff's conclusion on copy cost savings. Ms. Rice indicated the number of casual copiers can be reduced and therefore reduce overall copy cost.
Commissioner Thomas asked what it would cost to bring all City buildings up to ADA standards. He felt the citizens should be aware of this expenditure.
Ms. Rice indicated there will be other savings by consolidating City Hall, but indicated without a building design and location, it is difficult to come up with exact figures. Commissioner
Thomas referred to savings due to more efficient management. The City Manager said he could not quantify that cost. He pointed out the savings provided by Ms. Rice were the minimum
expected. Ms. Rice said the ADA compliance cost estimates are $129,016.00.
Commissioner Thomas believed there is a need for a consolidated City Hall. Mayor Garvey responded the need existed years ago. Commissioner Fitzgerald felt the need for a consolidated
City Hall has been established but for the greatest efficiency, did not feel it should be a split City Hall.
Commissioner Berfield said a modified consolidated City Hall was being considered and Mayor Garvey expressed concern regarding a legislative split. Commissioner Deegan said consolidated
did not necessarily mean one building.
Ms. Rice reviewed the models of City Hall prepared by Rowe Architects, Inc. for the current City Hall site and the annex site. Commissioner Thomas, referring to a single building on
the Annex site, asked what percentage of open space was available for parking and how much was available for development. Dean Rowe, Rowe Architects, Inc., said there is a total of
15 acres on the annex site and it was indicated 5 acres would be used for development and 5 acres for parking. He said there is some additional owned property contiguous to the annex
property. The City Manager pointed out either proposal for the annex would require 10 acres; however, additional property is owned at the annex site. Mr. Rowe said surface parking
requires a lot more space.
The City Manager reported he and the Executive Director of the CRA have been actively marketing the annex site for development to the private sector.
Commissioner Thomas indicated the current City Hall property is currently off the tax rolls and he did not feel this property would ever be part of the tax rolls. However, he did see
the possibility of the annex site being placed on the rolls. He expressed concern regarding the amount of property being removed from the tax roll and said it would be his direction
to staff to pursue vigorously the marketing of the annex property. He said he did not see much difference in costs between the two sites. He did not support a large garage on the current
City Hall site and asked how a smaller garage would affect the operation on this site. Ms. Rice said a split garage would allow 250 parking spaces versus 400 spaces allowed by a larger
one. Mr. Rowe stated on the current site there would be an additional 70 surface parking spaces next to the church.
Referring to the models, Commissioner Berfield asked if the split garage could be relocated on the site and Mr. Rowe reviewed the parking layout and indicated it could be reconfigured.
Commissioner Deegan asked if the proposed split garage would exceed the height of the current City Hall and Mr. Rowe responded it would not.
There was some discussion regarding the view corridor and whether a variance may be required.
Commissioner Fitzgerald expressed concern regarding building on the current site, indicating it is too congested of a location due to the parking requirements. He said he is not wedded
to the east end (annex) site either and felt this site should be held in abeyance if there is potential of a sale.
Commissioner Deegan supported aggressively marketing the east end (annex) site.
Mayor Garvey pointed out property had been purchased around the annex for development and a consolidated City Hall. She said a public hearing had been held regarding location of a new
City Hall and the majority of citizens that spoke preferred the annex site.
Commissioner Deegan said he has listened to the public and has carefully considered their input on a location for City Hall.
Commissioner Thomas moved to rescind the previous action taken by the Commission regarding the design of City Hall. The motion was duly seconded and carried unanimously.
Commissioner Thomas moved to build a City Hall at the current site in accordance with the model presented by Dean Rowe, Rowe Architects, Inc., with a smaller profile split garage design.
The motion was duly seconded.
Commissioner Berfield supported actively marketing the annex property. She agreed the current City Hall site is congested; however, felt the parking garage will enhance the area. She
said the City owns the bluff and did not see any more development in the long range. She stated staff should know something about the annex property in a month or two and indicated
if nothing happens, another look could be taken at that property for a City Hall.
Commissioner Thomas expressed concern this would give a mixed signal. Commissioner Berfield agreed.
Commissioner Thomas requested the City Attorney draft an ordinance that any property sold by the City cannot be removed from the tax roll. There were questions raised regarding this
request.
Commissioner Fitzgerald expressed concern approving the current City Hall site goes against what the majority of citizens wanted, which is a new City Hall be built on the annex site.
Commissioner Thomas said he has been informed by some of the citizens that spoke at the public hearing they favor putting the annex property on the tax rolls.
Robert Wright, Clearwater Coalition Homeowners, said general consensus of the Board was there is no need for a new City Hall at this time. He requested the Commission not go forward
with construction until they see what happens with the potential deal on the annex property. He said the Budget Advisory Committee feels there is a greater need for a new police headquarters
than a new City Hall.
Carlton Ward, Clearwater Chamber of Commerce, supported the consolidation of City Hall and did not find building on the current site the best proposal. He recommended exploring the
annex site for a new City Hall with a caveat that if there is potential for a sale, to find another viable site in the downtown.
Lois Cormier, said she is totally opposed to building City Hall on the bayfront. She said she is appalled by any size parking garage on the bayfront. She said alot of money had been
spent in the past on property around the annex as it was always planned to build a consolidated City Hall at this site. She wanted to point out the annex site did not just pop up as
a site for the consolidation.
Gary Benjamin believed the decision to build a City Hall is premature until progress is made on the downtown development plan and requested the Commission to postpone any action. He
questioned whether a new City Hall is necessary at this time.
Laurie Kay expressed her disappointment in the decision made tonight and in the public's attendance at Wednesday's meeting regarding City Hall. She referred to a poll taken by the St.
Petersburg Times where the majority disagreed with putting a monstrosity on the beautiful bayfront. She agreed regarding the marketing of the annex property and asked the Commission
to postpone any decision until after the first of the year.
Upon the vote being taken on the motion on the floor, Commissioners Berfield, Deegan and Thomas voted "aye;" Commissioner Fitzgerald and Mayor Garvey voted "nay." Motion carried.
Commissioner Thomas directed the City Attorney to draft an ordinance ensuring when City owned property is sold, it remain on the tax roll. The City Manager pointed out there is pending
negotiation to sell 400 acres to a non-profit agency. Commissioner Thomas pointed out that the present or future Commissions would have the right to make changes on a parcel by parcel
basis. The City Attorney indicated he had made a note to draft the ordinance.
The City Manager asked if the Commission wanted to pay cash or finance the new City Hall. Commissioner Thomas recommended a bond issue for the project. The City Manager asked whether
the new City Hall should be financed with existing resources and Commissioner Thomas felt it should be left to the City Manager's discretion.
The City Manager asked if the work schedule could be revised and if he could proceed with the design build firms. Direction was given to do so.
The meeting recessed from 10:36 p.m. to 10:48 p.m.
ITEM #31 - Construction contract to Kamminga & Roodvoets, Inc., Tampa, FL, for installation of a sanitary sewer main in Irving Avenue, for $68,920 (PW)
The purpose of this contract is to provide for the extension of sanitary sewers in Irving Avenue from Penny Lane to Emerald Drive. Residents along Irving Avenue have requested the City
extend sanitary sewer services to their residences, all of which are in Pinellas County outside of Clearwater. Many of the residents who live in this block are experiencing septic tank
problems and are desirous of receiving sanitary sewer service
from the City. Since it is the policy of the City to require the extension of sewer lines to be accomplished by the recipient of the service, usually a subdivision or shopping center
developer, in the case of a residential neighborhood a difficulty arises when not all the homeowners are willing to participate in the project.
Because not everyone of the block's 22 residents will take part in the initial construction, and will annex and pay their fees only as required by law or circumstance, those who are
willing to take part will necessarily have to pay the non-participant's share as well as their own. They are generally unwilling to do this and nothing will happen in that case.
The City has, on several similar occasions in the past, taken the role of the extender and, at its expense, installed the lines into County areas when 51% of the owners annex (or agree
to annex) and pay all fees including a front footage proportion of the construction costs,
believing that those who do not immediately participate will do so soon enough to warrant the investment. This is different from the official assessment procedure outside the corporate
limits in that under this arrangement, an assessment is not levied until the owner actually connects to the line, whereas, in the formal assessment procedure all costs are due upon completion
of construction, notwithstanding whether the resident connects.
This arrangement promotes annexation into Clearwater while solving a public health problem. The downside is the City's risk of having put money into the ground and waiting an extended
period of time to recover the investment.
Kamminga & Roodvoets, Inc. is the present holder of the low bid, annual, sanitary sewer contract with Pinellas County. The City will piggy-back on the County contract in that the unit
prices for this work are from that contract. The contractor will be allowed 60 days to accomplish the work and will begin within 30 days of a notice to proceed. While this action awards
the contract for the work, the contract will not be executed unless 51% of the adjacent owners actually execute agreements to annex and pay all appropriate fees as well as the construction
costs associated with their property within 30 days of this approval. 55% of the homeowners have indicated a willingness to do so. The contractor is aware of the dependency of the
contract's execution upon the collection of the funds.
The available balance of $489,645 as of October 20, 1993, in the Sanitary Sewer Extensions CIP is sufficient to fund this contract.
Commissioner Thomas asked if there are any incentives for these people to annex and hook up the service now. The City Manager responded the price could go up due to impact fees. The
Public Works Director said the assessment roll is set. Commissioner Thomas felt those coming in now should be given a discount incentive. Mr. Baker said most of those having problems
with their septic tanks are facing an expensive fix. Mayor Garvey said some may not annex into the City for 20 years.
Commissioner Thomas said getting the people to annex into the City would add to the tax base and help recover costs. Mayor Garvey expressed concern a precedent would be set for other
neighborhoods.
The City Manager asked for direction regarding this issue.
Mr. Baker pointed out there are people in dire need of this service at this time and asked the subject contract be awarded at this time. Commissioner Thomas questioned whether a surcharge
could be assessed at a future date for those who come in later.
Commissioner Thomas moved to award a construction contract to Kamminga & Roodvoets, Inc. of Tampa, Florida, for the installation of a sanitary sewer main in Irving Avenue, for $68,920.
The motion was duly seconded and carried unanimously.
Commissioner Thomas moved that Item #31 conceptually be brought back for a debate on the philosophical nature of bringing enclaves into the City on an incentive base for not only sewer
hookups but also tax incentives so the City will not have to depend on the state
legislature to solve the City's problems. The motion was duly seconded and upon the vote being taken, Commissioners Fitzgerald, Berfield, Deegan and Thomas voted "aye; Mayor Garvey
voted "nay." Motion carried.
ITEM #32 - NO ITEM.
ITEM #33 - (Cont. from 10/18/93) Purchase and installation of a rooftop heat pump/air conditioning system for the Police Communications Center, from TBG of Tampa, Inc., Tampa, FL, for
$27,486 (PD)
The current Police Communications Center and its air conditioning system were brought on line and occupied in October 1989. Since the initial operation of the unit, a number of air
quality, health related problems have been experienced.
The current unit is a 6 ton unit and is too small to properly ventilate the area. A unit in the range of 10 ton would service the Communications Center. The current unit can not circulate
the fresh air adequately nor can it control the temperature within the confines of the center. In April 1992, air quality/purification technicians from Computer Support Produce, Inc.,
inspected the system and found it to be too small. In October 1992, the City utilized Environmental Engineering Consultants, Inc. to monitor the air quality in the center. They found
elevated levels of carbon dioxide, along with "insufficient fresh air is being supplied, which can result in .... physical complaints or aggravate pre-existing conditions".
Both the Building & Maintenance Superintendent and Engineer Jim Wood have observed and monitored this problem and concur with the installation of a new rooftop heat pump/air conditioner.
Commissioner Berfield moved to award a contract to TGB of Tampa, Inc., Tampa, Florida, for the purchase and installation of a rooftop heat pump/air conditioning system for $27,486.
The motion was duly seconded and carried unanimously.
Commissioner Deegan pointed out the air conditioner can be moved if the Police Department relocates.
ITEM #34 - Trolley Contracts
Jolley Trolley Transportation Corporation has submitted their business proposal which incorporates the major points of the funding agreement. A separate agreement providing for City
financing of additional vehicles will be brought to the Commission soon after the start of service on January 1, 1994. The equipment agreement will provide for all vehicle acquisition
costs to be reimbursed to the City by the Corporation.
According to Roger Sweeney, the PSTA will consider changes to the current Route 80 service after the appropriate PSTA public hearing. These changes may include the elimination of Route
80 service during the hours the Trolley is operating.
Funds for this agreement from January 1 through September 30, 1994 are included in the approved 1993/94 Budget. Costs to be incurred after September 30, 1994 will be included in the
City Manager's recommended budget for the appropriate fiscal year.
Assistant City Manager Betty Deptula pointed out for many years the City has paid the PSTA to operate trolley service on Clearwater Beach. For approximately 9 to 10 months, beginning
in October 1992, the City has paid the PSTA to provide service from the downtown area to the beach at a total estimated cost of $310,000. She said this amount has been approved in the
current budget. She said currently only a funding agreement is being addressed and the City is negotiating a potential lease of space for office use in the Memorial Civic Center.
Bill Kirbas, Jolley Trolley Corporation, said the proposal creates a non-profit corporation to provide public transportation on Clearwater Beach, Sand Key, Island Estates and downtown
Clearwater utilizing the existing trolleys now operated by the PSTA. He summarized their proposal indicating they intend to lease three trolleys from PSTA for $1 per year for each.
He said the 1985 vehicle will require some overhaul at a cost of $30,000. They will request $210,000 from the City to pay for the Clearwater Beach and Sank Key route and $100,000 to
operate the trolley from the Civic Center to downtown with an additional stop at the PSTA terminal on Park Street. He said they are also requesting $50,000 a year for maintenance.
An advance loan of $15,000 will be requested from the City to construct offices in the Civic Center and to provide a shelter for patrons. He said they intend to come back within 60-90
days and request the City purchase four additional trolleys; two trolleys purchased with City funds and two through PSTA. He said their corporation will advance the 20 percent share
the City will have to pay for the vehicles. The additional trolleys will allow for increased ridership helping to reduce the exposure and risk the City may have regarding the funding
of the trolleys. Revenue of $225,000 will be provided by the increased ridership. He said they intend to be involved in product sales and advertise on the trolleys which should result
in revenue of $315,000 per year. He said their corporation is looking to the opportunity to increase sales indicating the Empress Cruise Line has expressed interest in coming into Clearwater
and would be a boost to ridership. He pointed out the City is subsidizing the rides at 25 cents and recommended raising the rate to bring in additional revenues.
Mr. Kirbas said they are looking at the expanded trolley system as a way of reducing overall costs to the City and becoming self sustaining in the future. He indicated with the contribution
of $360,000 plus, there would probably be a surplus of $87,000 and $80,000 of this would be a deposit to the City for an additional trolley. The corporation will purchase fuel from
the City, will hire part-time drivers to keep costs at a minimum and the insurance on the trolleys will be totally paid for by the corporation. There will be a rider fee of 25 cents.
Tokens will be sold to businesses on the beach which can be given to hotel patrons and customers. He noted all the directors of the corporation are volunteers.
Commissioner Fitzgerald questioned what the actual cost will be to the taxpayers. He said he reviewed the proforma and is having trouble getting the numbers to come out right. He said
he would like to see some light at the end of the tunnel where the City will no longer have to subsidize ridership. He expressed concern regarding the program costing over $900,000
and not knowing what the actual cost will be to the taxpayers.
Mr. Kirbas said a subsidy may be required from the City for an extended period of time; however, product sales and the opportunity to increase ridership will reduce the cost to the City.
Commissioner Fitzgerald asked from where the ridership figures had come. Mr. Kirbas said these figures were given to the corporation by PSTA. Mr. Kirbas said when the service is expanded
beneficial effects will be generated.
Commissioner Fitzgerald said he is having difficulty with the projected figures and does not fully understand what the City is getting into. Again, he expressed concern for the taxpayers.
Mr. Kirbas said the initial proposal does not address a future proforma. He pointed out the long wait to get a trolley has discouraged riders and additional equipment is needed to
address this and to increase ridership.
Commissioner Fitzgerald asked if the corporation would be in a position to pay the principal and interest if the City goes along with this proposal and buys two trolleys in 60 days.
He questioned when the City would be required to pay out the $470,000. Mr. Kirbas said the proforma shows a deposit to the City of $80,000 which he said is included in the surplus
and is to be used for the down payment of the two trolleys.
Commissioner Fitzgerald asked if the $80,000 is coming out of the $360,000 the City is putting up and Mr. Kirbas said it will come out of all sources of revenue.
Commissioner Thomas said combining operational costs with capital costs may have caused a problem in understanding the figures. Purchase of the trolleys will be amortized and will be
a lease payment. He said usually there is no down payment for municipalities and the City will pass on its lease payment cost to the corporation.
Commissioner Fitzgerald pointed out the proforma says the City is to purchase on a cash basis two new trolleys and Commissioner Thomas said the Commission has already voted to purchase
the trolleys through a lease purchase. He said the City has been spending $310,000 for trolley service on an annual basis and there has been no light at the end of that tunnel. This
amount will be increased by $50,000 for maintenance. He said there is a significant potential for this service not to be subsidized by the City which is the corporation's goal.
Commissioner Fitzgerald asked what the corporation's incentive was to do this. Commissioner Thomas pointed out there is no income to the corporation; the board members are all volunteers.
Mayor Garvey expressed concern regarding taxpayer dollars and indicated the citizens should know what it will cost them at the front end. Commissioner Thomas said this is a commitment
by the City to help increase their tourism industry and help the downtown core.
Commissioner Fitzgerald said at this point the City will be subsidizing this service and the private side has no real stake in this venture. He expressed concern regarding not knowing
the potential costs upfront. Commissioner Thomas indicated the proforma is an estimate by a company that has not done business yet. Commissioner Fitzgerald said the subsidy has grown
in the past year when the beach to downtown route was added on a temporary basis.
Commissioner Thomas pointed out the CRA is paying for half of the expense to enhance the downtown business core. Mayor Garvey pointed out the proposal does not mention the CRA.
Mr. Kirbas said it is difficult to say what the rewards will be; one element could be the revitalization of the downtown. The rewards may overshadow the risk involved.
Commissioner Berfield asked if the City subsidizes the Route 80 service and if this will be expected. Ms. Deptula said there has been no indication from PSTA. Commissioner Fitzgerald
asked if Route 80 will continue to operate the bus service when the trolley does not run. Commissioner Thomas noted this issue has not been discussed by PSTA. Mayor Garvey questioned
whether the PSTA can demand the trolley not run before 10:00 a.m.
Commissioner Fitzgerald asked if the City is going to provide office space. Commissioner Thomas responded space in the Civic Center can be leased to the corporation for $1 per year.
Commissioner Berfield said she would like more information from PSTA regarding Route 80 and if they will charge the City. Commissioner Thomas indicated there will be no charge. Mayor
Garvey asked whether this should be in writing and Commissioner Berfield suggested continuing this item to find out if there is a charge. Commissioner Thomas said if this proposal is
not in place by January 1, 1994, the office could not be remodeled or the third trolley refurbished.
Commissioner Thomas moved to approve the funding agreement with the newly formed non-profit Jolley Trolley Corporation to provide trolley services on Clearwater Beach, Sand Key, Island
Estates and Downtown. The motion was duly seconded.
Commissioner Deegan asked how much of the money for the first year's operation is already in the current budget and Ms. Deptula said all funds except the $15,000 loan for the construction
of the office.
Commissioner Deegan pointed out the City is not committing today to the extra trolleys and saw no reason not to approve the agreement. Commissioner Fitzgerald said the corporation will
be coming back in 60 days. Commissioner Deegan said a decision can be made then regarding whether to buy them.
Mayor Garvey asked who would be in control and it was felt it was up to the corporation.
Commissioner Thomas moved to amend the agreement on page 2, Article 2, paragraph 5(b) No Exclusion from Hire by deleting the language "consistent with the provisions of the Corporation
insurance contract as the same may change from time to time" and adding the language "except that age may be taken into consideration to the extent that the age of an employee is a bonified
occupational qualification." The motion was duly seconded and carried unanimously.
Commissioner Fitzgerald suggested adding language regarding a Drug Free Workplace and it was indicated this language was in the PSTA contract.
The City Manager expressed concern that all the details are not worked out and wanted the City to be protected.
Commissioner Thomas pointed out staff developed the agreement and if the City wishes to amend the agreement, it be worked out by staff with the corporation.
Upon the vote being taken on the motion to approve the funding agreement, Commissioners Berfield, Deegan and Thomas voted "aye;" Commissioner Fitzgerald and Mayor Garvey voted "nay."
Motion carried.
Commissioner Berfield said she would like the City Manager to come back with amendments protecting the City. She requested a termination date and upset figures if the service is not
successful and to obtain something in writing from the PSTA regarding Route 80. Commissioner Thomas said he will request clarification on Route 80 at the next PSTA board meeting.
Mr. Kirbas said the corporation's bylaws require a member of the Commission as a representative. A request was made for the corporation's bylaws.
Mayor Garvey left the meeting at 12:21 a.m.
ITEM #35 - Other Pending Matters
a) Cleveland Street Parking
The FDOT and the MPO have approved the conceptual plan of providing parallel parking along Cleveland Street between Myrtle and Osceola Avenues. An engineering report has been prepared.
The City is now preparing the plans and permit materials for FDOT Special Use Permit applications.
The project will have the following key points:
Approximately 62 on-street parking spaces will be provided between Myrtle and Osceola. In this area, Cleveland will have 1 through lane in each direction, with a left turn lane down
the center. Through lane widths will be 11 1/2 feet in width, an improvement over the existing 10 foot wide lanes. The existing landscaped median islands will be removed, and the pavement
overlaid with asphalt.
The southbound through and left turn lane at the Bayfront intersection (Pierce Boulevard, Drew Street, Cleveland Street and Memorial Causeway) will be eliminated, thus simplifying the
operation of the signal and providing more green time for beach traffic. To provide a "downtown to southbound Pierce Boulevard" access, for the Pierce 100 residents, a westbound to
southbound left turn lane will be added on Cleveland Street.
An improvement to the westbound to southbound left turn storage bay on Court Street at Missouri Avenue will also be required. This is to offset some of the effects of shifting some
traffic to the Court/Chestnut Street corridor.
Two other issues are anticipated for further discussion with the Commission; to confirm whether the new parking spaces should be free or metered, and to determine how the overhead signing
on Gulf-to-Bay Boulevard (near Crest Lake Park) should be modified.
Commissioner Thomas recommended the installation of parking meters in the new parking spaces and Commissioner Deegan concurred.
Commissioner Thomas moved that parking meters be installed along Cleveland Street for the new parking spaces. The motion was duly seconded and carried unanimously (4-0).
Traffic Engineer Peter Yauch asked if the same rate should be charged as adjacent off-street parking and it was felt this should be decided by staff.
Mr. Yauch said another issue was signage westbound on Gulf-to-Bay Boulevard in front of Crest Lake Park and requested elimination of the West logo from the sign structure using the word
"Bypass". Commissioner Thomas said he would rather leave the sign structure alone.
Commissioner Berfield moved to delete the West logo from the sign structure with it only reflecting "Bypass." The motion was duly seconded and carried unanimously (4-0).
Commissioner Deegan said there have been complaints from the residents of Pierce 100. Mr. Yauch said concern has been expressed that when the bridge backs up and if the residents go
north and come southbound on the Drew Street extension going through the signal, they can miss the traffic. He said staff's proposal has been to remove the southbound through movement
at the Bayfront intersection.
Commissioner Deegan asked how many seconds would be saved. Mr. Yauch responded eliminating this signal phase will add 14 seconds and allow approximately 14 additional cars through the
intersection per cycle. He said staff is currently proposing to add a westbound left turn lane. He said the MPO and the DOT have approved the parking plan based on improvement of traffic
flow at this intersection.
Commissioner Berfield asked if "Do Not Block" signs could be installed and Mr. Yauch said they have not had much success with drivers' observance of these signs. Commissioner Thomas
asked if traffic checks of the Pierce Street intersection could be done to determine whether or not a police officer to direct traffic would be warranted.
Mr. Yauch said two areas of concern included traffic during free flow conditions and traffic in a stop and go backup.
Commissioner Deegan asked what would hurt traffic at that intersection more; leaving the southbound lane or adding a green arrow for the westbound traffic on Cleveland Street. Mr. Yauch
responded it would be the same for both. He suggested using a New York City "Don't
Block the Box" program. He also suggested using flex posts instead of doing the southbound closure as an island.
Commissioner Thomas pointed out a lot of time has been spent getting parking on Cleveland Street and felt it was now time to improve traffic at this intersection.
Commissioner Thomas moved to direct the City Manager and the Traffic Engineer to create the New York box at the intersection of Pierce Boulevard and Pierce 100 and to install adequate
signage approaching the box. The motion was duly seconded. Upon the vote being taken, Commissioners Berfield, Thomas and Fitzgerald voted "Aye", Commissioner Deegan voted "Nay". Motion
carried.
Commissioner Thomas moved to accept the Traffic Engineer's recommendation to install flex posts in the southbound lane of Drew Street and to add a westbound to southbound left turn lane
on Cleveland Street. The motion was duly seconded and carried unanimously (4-0).
b) Authorize execution of FY 1993-94 CDBG Sub-recipient agreements
On July 15, 1993, the Commission approved the 19th Year CDBG Final Statement and Objectives for FY 1993-94. That document authorized the City to fund several public service agencies.
The following public service agreements are presented to be executed by the Commission:
AGENCIES AMOUNT
Ervin's All American Youth Club $ 12,429
Greenwood Panthers Culture and Sports Club $ 5,000
Sgt. Allen Moore Community Partnership $ 30,101
West Central Florida Council Boy Scouts of America $ 1,571
Pinellas Opportunity Council, Inc. $ 5,941
North Greenwood Association $ 11,640
Red Ribbon Homestead $ 10,000
Community Service Foundation $ 36,651
Coordinated Child Care $ 14,187
Clearwater Youthbuilders $ 13,628
Boys and Girls Club of the Suncoast $ 13,200
Girls Incorporated of Pinellas County $ 13,439
Clearwater Police Dept. Law Enforcement Apprentice Program $ 11,389
Y.W.C.A. of Tampa Bay $ 1,200
Partners in Self Sufficiency $ 16,000
Pinellas County Headstart $ 8,000
Clearwater Housing Authority $ 4,650
Community Pride Child Care Center $ 18,546
Neighborly Senior Services, Inc. $ 4,000
Family Resources, Inc. $ 5,944
Homeless Emergency Project $ 15,200
Religious Community Service $ 13,656
Clearwater Neighborhood Housing Services, Inc. $333,055
Community Housing Resource Board $ 7,800
Pinellas Habitat for Humanity $ 25,000
Tampa Bay Community Development Corporation $ 40,000
TOTAL $672,227
These contracts only include the funds approved by the Commission on July 15, 1993. The recommended rollover amounts are not included in these contracts.
All contracts have been sent to respective agencies for their consideration. The Community Service Foundation will be funded with Pinellas County serving as the lead agency. This will
be accomplished through an Interagency Memorandum of Agreement.
The contracts include a $7,800 award to the Community Housing Resource Board (CHRB). The Board of Realtors has conveyed notice that they would not fund CHRB. Therefore, based on the
Commission's prior approval, this funding option is to be implemented in a standard contract. Additionally, the contract with Community Pride only reflects funding of $18,546.
Commissioner Thomas moved to authorize execution of the FY 1993-94 CDBG Sub-recipient agreements. The motion was duly seconded.
Commissioner Deegan said he believed $10,000 was approved for the Homeless Emergency Project. Economic Development Director James Polatty said the $10,000 was for the Homeless Drop-in
Center which is forthcoming. The $15,200 is for Homeless Emergency Project which is a separate program.
Lois Cormier felt a citizen should not have to wait until midnight to speak to the CDBG and felt this item should have been brought forward as a public hearing. She expressed concern
regarding flood zones in the CDBG area and called attention to the Sgt. Allen Moore Community Partnership facility which is proposed to be located in the flood plain.
Mr. Polatty said he understands the above referenced partnership is negotiating to buy a house on Betty Lane and their proposal is to rehabilitate it. It is in the flood plain. In
response to a question, Mr. Polatty said the purchase of this house is an eligible expense.
Ms. Cormier pointed out this is a poor neighborhood. Mayor Garvey said that is why they wanted something in the area.
Commissioner Thomas asked if there was some other alternative. Mr. Polatty indicated staff has tried to encourage the partnership to locate elsewhere but the location is the partnership's
decision. They plan on opening a drug counseling center. Mayor Garvey requested the Commission's concerns be expressed to the partnership. Staff is to send a letter.
Gary Benjamin expressed concern that the public was not allowed to speak regarding the Jolley Trolley contract. He felt the Jolley Trolley Corporation has no financial resources and
requested the City put a ceiling on expenditures.
Upon the vote being taken, the motion carried unanimously.
c) Contract to Grosz-Hales Construction Company, Inc., Tampa, Florida, to renovate the restrooms at Jack Russell Stadium for $109,250 (PR)
This contract will provide for interior renovations to the main restroom facilities at Jack Russell Stadium. Renovations will include demolition of the existing restrooms including
electrical, ventilation and plumbing, and construction of new facilities including new concrete block screen walls on the exterior of the restrooms. The entire interiors of the men's
and women's restrooms will be gutted to accommodate the new design.
The subject restrooms were included in the original design of the stadium. Although there has been some minor renovations over the years, they do not meet current ADA standards and
are very unsightly to the public. The City and the Phillies have received complaints from users regarding the substandard conditions of the restroom facilities.
The new design and construction covered by this contract will improve the facilities to meet ADA standards and access will be easier.
Since the first Spring Training Game is scheduled for March 5, 1994, this contract is to be completed within a 60 day time period. Officials of the Phillies have approved the renovation
plans as indicated by letter from Mr. John Timberlake.
Of the bids received, Grosz-Hales Construction Company, Inc. was the lowest and most responsive bidder at $109,250. Currently, there is $241,880 in Code 3283, Jack Russell improvements,
which is sufficient to provide funds for this contract.
Commissioner Thomas moved to award a contract to Grosz-Hales Construction Company, Inc., Tampa, Florida, to renovate the restrooms at Jack Russell Stadium for $109,250. The motion was
duly seconded.
Commissioner Berfield asked when the renovation is being done, will the ladies facilities be increased and the City Manager said the room was not being expanded. Commissioner Thomas
pointed out the requested renovation is well needed.
Upon the vote being taken, the motion carried unanimously.
CITY ATTORNEY REPORTS
ITEM #36 - Resolutions
a) Res. #93-70 - Lot Clearing
The City Attorney presented Resolution #93-70 and read it by title only. Commissioner Fitzgerald moved to pass and adopt Resolution #93-70 and authorize the appropriate officials to
execute same. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan and Thomas.
"Nays": None.
Absent: Garvey.
b) Res. #93-74 - Establishing fees for applications and licenses for adult use establishments
Commissioner Thomas asked if the City can change the application fees and the City Attorney responded the courts have ruled the fee schedule must be reasonable. Commissioner Thomas
asked the costs for this type of license be reviewed again and for staff to come back with the maximum level of fees that will pass legal muster. The City Attorney said these fees were
compared to similar applications. The City Attorney expressed concern if this resolution is not adopted tonight, the City has no fee schedule. He pointed out he can come back at a
later date with increased fees if review warrants it.
The City Attorney presented Resolution #93-74 and read it by title only. Commissioner Berfield moved to pass and adopt Resolution #93-74 and authorize the appropriate officials to execute
same with the understanding the City Attorney will come back with the maximum fees that can be set. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey.
"Nays": None.
Absent: Garvey.
ITEM #37 - Other City Attorney Items
a) Request for authorization to file quiet title action to portion of S. Shore Blvd. for Clearwater Pass Bridge project
The Clearwater Pass Bridge Project has necessitated acquisition of two parcels of land adjacent to the project site. The City has purchased one of the two parcels from James Standridge
and is engaged simultaneously in purchase negotiations and eminent domain proceedings with Fisherman's Wharf of Clearwater, Inc., for the other parcel. These two parcels are separated
by South Shore Boulevard.
South Shore Boulevard was conveyed to the City by the Bayside Hotel Company, Inc., in 1963. The conveyance was subject to a covenant restricting the use of the property "for public
street and utility purposes only". Bayside Hotel Company, Inc., is now defunct. After the construction of the new bridge, South Shore Boulevard will dead-end at a retaining wall on
the bridge without access to the approach. Consequently, the westerly portion of South Shore
Boulevard will not provide access to any property other than that owned by the City and Fisherman's Wharf.
It is believed the City's position in the mitigation of the damages occasioned by the acquisition of the Fisherman's Wharf parcel would be greatly improved if the Standridge property
and the westerly portion of South Shore Boulevard could be treated as a single tract.
Therefore, the legal department requests authority to institute an action seeking to quiet title the westerly portion of South Shore Boulevard.
Commissioner Thomas moved to authorize the Legal Department to file quiet title action to a portion of South Shore Boulevard to aid the Clearwater Pass Bridge project. The motion was
duly seconded and carried unanimously.
The City Attorney requested a special meeting of the City Commission for Wednesday, November 24, 1993, regarding the sale of the Sun Bank building. A meeting was scheduled for that
date at 2:00 p.m.
ITEM #38 - City Manager Verbal Reports
a) December 4, 1993 Street Festival - Closure of Street
The City Manager reported the Downtown Clearwater Association is requesting the closing of Cleveland Street for a festival.
Commissioner Thomas pointed out that it has been found that closing a street during a celebration did not necessarily improve business, it usually made business worse.
Commissioner Berfield asked what time the street would be closed and the City Clerk said she believes from 5:00 p.m. to 11:00 p.m.
Commissioner Berfield moved to approve the closing of Cleveland Street on December 4, 1993, from 5:00 p.m. to 11:00 p.m. The motion was duly seconded and carried unanimously.
The City Manager reported the Downtown Development Board has requested the City provide the labor for the replacement of the white twinkle lights on the oak trees along Cleveland Street
in the downtown. He stated some of the volunteers are not coming through. It would cost the City $40 per hour for this project. No action was taken.
The City Attorney said dates are being negotiated for staff to meet with the School Board and the City Manager said he would send out a memo to the Commission of available dates.
b) Barnett Bank Plaza
The City Manager reported staff has met on purchasing the Barnett Bank Plaza as the main headquarters for the police department and they are in agreement to not purchase the
building. He said concern has been expressed regarding water and electrical problems and the building not being laid out well for police functions.
Commissioner Thomas moved to accept the City Manager's recommendation not to purchase the Barnett Bank Plaza to convert into a police building and directed the City Manager to come back
with a site and a plan to build a new police department. The motion was duly seconded and carried unanimously.
The City Manager said he will resurrect the original police feasibility study and pursue all options.
Discussion ensued in regard to a location. Commissioner Deegan felt it should be in the downtown area. Commissioner Thomas asked that downtown be defined and Commissioner Deegan responded
from the Gulf to Myrtle Avenue/Court Street to Drew Street. Commissioner Thomas said he would not support the area defined. He said the CRA/DDB district included Missouri Avenue.
Commissioner Berfield asked if we should stay with property the City already owns and Commissioner Thomas said he wanted to give total freedom to management. Mayor Garvey felt the police
administration should provide input.
Commissioner Thomas moved to direct the City Manager and the Police Chief to come back with their first, second and third choice recommendation on where to place a new central police
headquarters in the City of Clearwater. The motion was duly seconded.
Commissioner Deegan asked if the choices should be limited to three locations and it was felt the locations should be unlimited.
Commissioner Thomas amended his motion to remove the number of locations. The seconder accepted the amendment.
Upon the vote being taken, the amended motion carried unanimously.
ITEM #39 - Commission Discussion Items
a) (Cont. from 11/15/93) Rare Environmentally Sensitive Land
b) (Cont. from 11/15/93) Walgreens rezoning at Morritt Center - Hercules & Gulf-to-Bay
c) Short Term Rentals
d) McMullen Booth Road/Marlo Drive
e) Phillies Celebration
f) Parks & Recreation - Fred Fisher
g) Policy Review - Parks & Recreation impact fees
Commissioner Berfield moved to continue Items a-g. The motion was duly seconded and carried unanimously (4-0).
ITEM #40 - Other Commission Action
Commissioner Thomas requested "Citizens to be Heard" be placed before the public hearings with the citizens registering with the City Clerk. The City Clerk is to develop a proposal.
Commissioner Deegan questioned whether the City Attorney's evaluation should be held up until the Hildebrandt study is completed or whether the study should be canceled. Commissioner
Fitzgerald said it has been a lengthy process to get started with the study and did not feel it appropriate to stop at this point. Deputy City Manager Kathy Rice said the audit is proceeding.
Consensus was not to cancel the study.
Commissioner Berfield preferred to go ahead with the City Attorney's evaluation as she felt it had nothing to do with the study.
Discussion ensured regarding the City Manager and City Attorney evaluation and the charter providing when this is to be done. Consensus was for each Commissioner to meet individually
with the City Manager and the City Attorney and a public report be given at the meeting of December 16, 1993.
Commissioner Berfield referred to a letter from the Clearwater Bombers and questioned if there was some way to not release funds to them. The City Clerk indicated a letter had been
sent to the Bombers indicating the money would not be released until all information requested had been obtained to the satisfaction of the Commission.
Commissioner Thomas requested the City take custody of all Bomber records. No consensus.
ITEM #41 - Adjournment
The meeting adjourned at 1:14 a.m. (11/19/93).