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10/31/1994 CITY COMMISSION MEETING October 31, 1994 The City Commission of the City of Clearwater met in regular session at City Hall, Monday, October 31, 1994 at 9:10 a.m., with the following members present: Rita Garvey Mayor/Commissioner Fred A. Thomas Vice-Mayor/Commissioner Richard Fitzgerald Commissioner Sue A. Berfield Commissioner Arthur X. Deegan, II Commissioner Also present: Elizabeth M. Deptula City Manager Kathy S. Rice Deputy City Manager William C. Baker Assistant City Manager Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk The Mayor called the meeting to order and led the Pledge of Allegiance. The invocation was offered by Assistant City Manager William C. Baker. 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 - None. ITEM #4 - Approval of Minutes Commissioner Deegan referred to page 5, 3rd paragraph, 1st sentence, and requested ".... to commit to the monorail" be changed to ".... to commit to funding the monorail." Commissioner Deegan moved to approve the minutes of the regular meeting of October 17, 1994, as corrected. The motion was duly seconded and carried unanimously. ITEM #5 - Presentations a) Beautification Committee - Annual Report Bill Baldwin, Chair of the Beautification Committee, reported the Committee's mission is to beautify and enhance Clearwater. The Committee recommended designating the hibiscus as the official flower and live oak as the official tree. The Commission adopted a resolution approving these designations and since that time, the Beautification Committee has educated the public of this designation and encouraged further cultivation of these plants. Plantings have occurred at City Hall, the bayfront, and at the entrance to Island Estates. Mr. Baldwin stated the Committee has also encouraged prohibiting parking vehicles on front lawns. Other areas of their focus include the Pinellas Trail and installation of sidewalks at Crest Lake Park. The Committee worked with 200 Girl Scouts and the Parks & Recreation Nursery cleaning, planting, and painting apparatus at Crest Lake Park. They have offered their help to Lt. Kronschnabl and the Community Response Team. They have encouraged continued beautification throughout the City. Palms have been planted at the Seminole Boat Ramp and work on Memorial Park is in progress. To increase awareness of the benefits of xeriscaping, the Committee mailed a SWFWMD information piece with City utility bills. Commissioner Thomas complimented the Committee for their outstanding contribution. The Mayor thanked the members and noted the difference their commitment makes. Committee member Delphine Pullar, who was also in attendance, was introduced. b) Architect for Countryside Recreation Center Ream Wilson, Director of Parks & Recreation, stated the conceptual drawing of the recreation center resulted from meetings with the design committee composed of staff, local residents, and ADA experts. He reported neighbors expressed concerns regarding the need for effective landscaping and problems resulting from heavy traffic on Sable Springs Road. He reported staff will apply to Florida Power for extra roadway onto the property down the Florida Power right-of-way from SR 580 to disburse some of the traffic. Architect Robert Bitterli, of Bitterli and Associates, introduced his associate, Steve Lange, as the day to day project manager. He stated the building has been designed to meet staff's needs in approximately 15,000 square feet. Mr. Bitterli reviewed an aerial view of the site and pointed out the buffering between Misty Springs condominiums and the center. The goal is to reforest the area with pine, palmetto, and oak to provide buffering. The existing bathroom shelter and basketball court will remain in place. Right-of-way will be requested from Florida Power for soft spaced parking drained by a shallow swale. The building's main entrance will be angled and accessed by a turn around drive. Disabled and regular parking spaces will be on the south and a service drive is planned for the west. A walkway will surround two sides of the building and connect with the ball fields and overflow parking. He noted plans include two alternates outside the budget for a future addition and a storage facility. Steve Lange noted at the end of the single lane paved roadway, a reconstituted pellet driveway, which is not a part of this contract, will be added in the future by the City to access the concession stand. He reported meeting with Environmental, Zoning, and the Fire Marshall to address site concerns they may have. The site currently has 107 paved parking spaces. Plans are to add 20 regular and 4 handicapped paved parking spaces and 233 grass spaces to more than meet minimum parking requirements. Mr. Lange reviewed the building's floor plan. The roof will overhang six to twelve feet for protection against inclement weather. The covered entry will provide access to a lobby area to be controlled by a staff person who will be able to view the lobby, vending area, and teen game room. The restrooms will be located on both sides of the lobby. The Police Resource room, with an outside entrance, will be located off the lobby to provide control of the front door and allow interaction with children. To the west, a meeting room is designed to also act as an adjunct to gatherings in the Multi-purpose Room (Gymnasium). The folding door separating the Meeting Room and Arts & Crafts Room can be retracted to form a larger facility. The Meeting Room will have two doors accessing the outside. The Arts & Crafts room will have access to the outside, an entrance to the Gymnasium, and a storage room. Outside access will be provided for electrical, mechanical, and janitorial needs. The Multi-purpose Room, with approximately 8,455 square feet, will have three points of entrance and 300 square feet of storage. The Fitness Room's entrance via the Gymnasium will be accessed by a card key to limit the number of participants to 10 or 12 at one time. The first alternate would provide an Activities Room beyond the Fitness Room. Alternate Two would extend the storage capability on the Multi-purpose Room's west side by 540 square feet. The building's design would permit future expansions on the north end. The building will be 14,812 square feet. Both alternates would add 1,420 square feet to its size. Based on budget considerations, Mr. Lange recommended moving forward with the base bid. Mr. Bitterli stated the Police Department requested the 200 square feet resident Police Officer space be incorporated in the plans. The alternates represented staff recommendations but they did not fit within the budget. He reviewed an outside elevation rendering of the building. A metal, standing seamed roof is planned in a terra cotta (burgundy) tone complimented by aluminum work prefinished in green. The colors are preliminary and subject to staff review. Commissioner Thomas referred to the floor plan and questioned how people will access the Arts & Crafts Room when the Meeting Room is being used. Mr. Lange said access to the Arts & Crafts Room is possible from the Multi-purpose Room and outside. Commissioner Thomas noted the Commission had indicated their concerns with maintaining central security control of the building from the lobby and noted this design provides access to the building from points other than the lobby. He questioned why outside doors were designed to provide free access. Mr. Lange said the committee's preference was to have the convenience of being able to enter the rooms from the outside or inside. Mr. Bitterli noted the hardware installed on the doors could make them open either way. Commissioner Thomas stated the Commission had directed Mr. Bitterli to design a central lobby to provide central control which is lost in the proposed design. He requested staff revisit the design to provide central control from the lobby. He requested adopting his previous recommendation to provide visual access to all rooms with glass. He expressed concerns about the weight lifting room and questioned its location away from the lobby in an area difficult to observe. Commissioner Thomas questioned the number of basketball courts included in the Multi-purpose room's design. Mr. Lange stated the Gymnasium will be capable of handling two side courts, 50 feet by 38 feet, with two three-foot lanes and a drop curtain separating the two courts. Combining the courts would result in one court, 50 feet by 82 feet, for intramural play. Commissioner Thomas questioned the size of a full size basketball court. Mr. Bitterli stated regulation courts' sizes are 50 feet by 94 feet for colleges and 50 feet by 84 feet for high schools. Commissioner Thomas questioned why the room was not designed to meet the minimal standards of a high school court. Mr. Lange said staff felt these court sizes would meet their needs. He noted eight feet, eleven feet, and five feet of clearance between the ends of the court and the walls was added for safety purposes and are at or above the minimum standard. Commissioner Thomas felt doing the job right was more important than fixed budgets. Mr. Wilson indicated staff felt the court sizes were right. He noted gymnasiums in the City range from college to junior high size which is smaller than the one discussed. He stated this Gymnasium is designed to be participant oriented. Staff does not anticipate hosting basketball games that attract a large number of spectators. Commissioner Thomas noted Mr. Wilson had been very specific regarding the dimensions of a swimming pool proposed for Clearwater Beach and questioned why the dimensions of the gymnasium were less important. Mr. Wilson stated legitimate swimming meets require pools to be exactly 25 yards or 50 meters in length and have a specific depth. Commissioner Thomas said the pool on the beach is being designed for recreational needs. Mayor Garvey said she had no problem with the proposed size of the basketball court. Mr. Wilson reported interest was expressed that the beach pool be capable of hosting swim meets. Commissioner Thomas felt the space between the basketball goal and back wall is critical and expressed concern with the five foot clearance planned for one end. Mr. Wilson indicated staff will hang mats on the wall at that point. He stated the spaces are tighter than he would like, but felt, from a safety standpoint, they were sufficient. Commissioner Thomas referred to the Weight Room and expressed concerns with staff in the lobby not being able to observe the activities. Mr. Wilson agreed the original design had hallways from the lobby and said that was a great feature the staff would love to have. When the design was reviewed and the building's size had to be limited, the Committee agreed the hallways were the least important feature and could be eliminated. He said if the hallways were added, the project would be over budget. Mr. Bitterli said the hallways would have pushed the square feet and cost over budget. He noted a three-foot aisle width extends around the court in the Multi-purpose Room. Commissioner Thomas indicated he would rather the building be constructed correctly even if it costs additional money. He stated he was uncomfortable with the presented plan. Mayor Garvey suggested if the Fitness Room is removed, that space could be used for hallways. Mr. Bitterli stated it would be difficult to bid out two different building designs because of the necessary structural changes. He estimated the hallways and extra rooms would add 2,500 to 3,000 square feet to the building. He felt he had been charged by the Commission to design the building within budget. Mayor Garvey questioned if the doors to the Multi-purpose Room on the north and west are entrance doors. Mr. Bitterli explained one is a service door and the other is "exit only." Commissioner Berfield suggested the Fitness Room could be a third alternative. Mr. Bitterli noted the difficulty in incorporating a hallway design or a Fitness Room. Mayor Garvey questioned the cost of removing the Fitness Room and including the hallways. Mr. Bitterli calculated that change would increase the project over budget. Commissioner Thomas questioned if the building was extended two feet, could a five foot hallway access the Arts & Crafts Room and if the Fitness Room was deleted, could that square footage be used for the hallway. He noted no architectural engineering design had yet been completed. Commissioner Thomas recommended more glass walls separate the Multi-purpose Room from the other uses. Mr. Lange stated the Design Committee had expressed concern that a glass wall would provide a safety hazard. Commissioner Thomas noted glass is capable of being non-breakable. He suggested small slits versus giant panes would be effective. He expressed concerns with being "penny wise and pound foolish." Mr. Wilson questioned how the hallways could be reincorporated into the design. Mr. Lange indicated the more alternates presented, the more complex the architectural engineering assembly becomes for air conditioning loads, etc. Mr. Bitterli noted the alternates are alternates because they are over budget. He stated provisions for future expansion will be included. The inclusion of alternates complicates the bid process. He pointed out the increased area near the lobby is functional to permit parents to watch the games from there and from the hallways inside the Gymnasium. Mayor Garvey expressed concern with controlling access to the building. Mr. Bitterli suggested people would check in at the control station and walk through the Multi-purpose Room to access the Arts & Crafts Room. Mr. Lange indicated an option discussed was for the Meeting Room to be able to stand alone. Mayor Garvey agreed that was a good idea. Mr. Lange noted many rooms exit to the outside due to occupancy rates. Commissioner Deegan noted the original design depicted a square building. The missing corner was then part of the building and storage was not addressed. He questioned if those changes were addressed why others were not made to accommodate the hallways. He noted the offices appear to have solid walls with no view into the Gymnasium. He questioned why the Police Resource Center did not abut the Gymnasium with a glass separation. Mr. Bitterli stated the Police need access from the outside. Commissioner Deegan felt staff should be able to observe the Multi-purpose Room. Mr. Lange indicated the original plan presented to the Commission was an architect's tool during the interview process. The information gathered from staff has caused the proposal to differ from the original concept. The proposed building is now smaller than originally presented. He understood the desire to have a Police Officer located next to the Gymnasium but noted that design would not work if hallways are included. Commissioner Fitzgerald questioned the type of usage staff anticipates for the Fitness Room. Mr. Wilson stated a Fitness Room rated high on the survey of Countryside residents behind the noted preference for a Gymnasium and Game Room and before Arts & Crafts. He indicated staff and the Design Committee reviewed the building to decide how best to use the square footage. He understood the importance of the hallways from the security standpoint and questioned the cost of reinstating them. Mr. Bitterli stated after meeting with the Design Committee and staff, he is comfortable with the presented design. He said the hallways would add approximately 1,000 square feet which he would rather add to rooms than hallways. Commissioner Fitzgerald said it was hard for him to figure out how hallways will add to the building's security. Mr. Bitterli agreed adding hallways would create another area requiring time to police. Mr. Lange noted Alternate 1 for an Activities Room would require outside access because it will hold 64 people. The Fitness Room with an occupancy limit of 12 and the Game Room with an occupancy limit of 20 will not require outside access. The Meeting Room with an occupancy limit of 127 will require two outside exits. Mayor Garvey noted the hallways use up space for nothing. Commissioner Thomas felt it is not that simple. He questioned how people carrying materials will be able to access the Arts & Crafts Room when a basketball game is in progress. He noted the need to address the needs of this multi-age community. Commissioner Fitzgerald agreed that was a good point. The City Manager suggested staff revisit the design with the architect. Mr. Wilson understood the Commission's concern regarding uncontrolled access to the Center and noted whenever rooms such as the Arts & Crafts rooms have programs, instructors, present to conduct the class, could provide control. Commissioner Berfield agreed with the City Manager's suggestion. She questioned if the City has talked to Florida Power regarding access to the right-of-way to be certain the City can provide adequate parking for the facility. Mr. Wilson said Florida Power has been contacted and it appears there is no problem with the proposed use of the right-of-way. He noted the deal is not concluded and agreed that approval is critical to the project. If an agreement cannot be reached, parking will have to be located on site after additional trees are removed. Commissioner Berfield questioned when approval was expected. Parks & Recreation Assistant Director Art Kader said the process will take 60 days once the application is presented. He indicated Florida Power appears enthusiastic about the proposal. He noted the City may have to rent or lease the property. Commissioner Berfield questioned if the City is incurring additional expenses prior to approval and recommended the City not spend additional funds until an answer is received from Florida Power. Mr. Bitterli hoped to get a verbal reaction to know if Florida Power feels they will approve the request. Mr. Bitterli said he will come back and review alternates regarding the hallways. Commissioner Thomas indicated the budget represented a preliminary number and expressed concerns that the project be done correctly even if costs are higher. Mr. Wilson said staff will meet with the architect to see if staff and the Design Committee feel hallways are best and review how that change could be accomplished. Commissioner Thomas expressed concerns regarding the safety of all age groups who will use the facility. Commissioner Deegan referred to the alternative mentioned by Mr. Bitterli to widen the Gymnasium for walk areas inside the Multi-purpose Room rather than hallways and suggested the idea merits consideration. Mr. Bitterli noted there could be some conflict in the Gymnasium when a basketball goes out of bounds into the designated walkway. He suggested a 12-foot width would provide useable space and a safety factor. Commissioner Thomas reiterated the need for central control and safety. Commissioner Fitzgerald questioned if the City is continuing negotiations with Florida Power regarding the right-of-way. Mr. Wilson said negotiations are being continued. Commissioner Deegan questioned if the City is leasing right-of-way land from Florida Power elsewhere. Mr. Wilson indicated the City pays Florida Power the value of the property taxes for the land across from the Clearwater Beach Recreation Center but does not pay for parking privileges for the right-of-way by Carpenter Field. Deputy City Manager Kathy Rice indicated the City is beginning franchise negotiations with Florida Power and will take this matter into account. The Commission recessed at 10:26 a.m. The Mayor announced the Closed Session would begin at 10:30 a.m. regarding the City versus Fisherman's Wharf of Clearwater, Inc. The Commission reconvened at 11:02 a.m. c) Status of Pinellas Trail - Pinellas County Joe Kubiki, of King Engineering, reported planning activities for the Pinellas Recreational Trail through Clearwater. He stated a number of suggestions were reviewed since the last meeting with the Commission and Downtown Development Board. He noted the previous proposal was to build a 15 foot recreational trail in the southbound lane of East Avenue and convert the road to one-way, northbound. At the last Commission meeting, a suggestion was made to construct the trail as far as possible and filling the gap, where there is no right-of-way and a full-fledged trail is impossible to build, with extra-wide sidewalk. Mr. Kubiki said the recommended trail would consist of a combination of a 15-foot trail of typical design traveling north along the abandoned portions of the rail right-of-way as far as East Avenue where the "trail" would end and Pinellas County would construct a 10-foot sidewalk on East Avenue's west side to the next portion of the Pinellas Recreational Trail. The sidewalk would be separated from the street by a two-foot wide grassy area and curb. With this design, north and southbound traffic could be maintained on East Avenue. Mr. Kubiki noted the northbound trail currently terminates at Belleview. He stated a series of alternate routes were reviewed. The County concurred with the recommendation to continue the trail on the west side of Ft. Harrison and cross at N Ft. Harrison and Lakeview on a pedestrian overpass. He stated right-of-way will need to be acquired from the golf course and the County will work with them to address their expressed concerns. The Mayor noted the consideration of a monorail in the future and questioned how that concept would function with an elevated trail. Mr. Kubiki suggested the trail may need to be changed if a monorail is built. Mr. Kubiki reported, further north, the trail would continue on the abandoned rail line west of the Jeffords parking area for Morton Plant Hospital. Although 15 feet was protected for the trail when the parking lot was constructed, the County does not think that space is adequate and plans to acquire additional land to the west. The line was abandoned and is in private ownership north from Magnolia to Druid. The proposal is to continue north on that alignment and to acquire that property. At Druid, the trail would be in the roadway where the road is extremely wide. He recommended the five-foot sidewalk continue to be used and a 10-foot trail be constructed in the road with a two-foot separator and a realignment of the curb. The trail would then cross the active rail line and follow it along the west side to Turner Street, where more property will need to be acquired from Dimmitt for additional buffering. At East Avenue, the trail would narrow from 15-feet to a 10-foot sidewalk, separated from the rail line north to Court and Chestnut where pedestrian actuated traffic signals would be installed. Continuing north, the "trail" will run between the planned Municipal Services building and Police Department. He reported three parking spaces adjacent to the Police Department would need to be removed as well as two spaces just south of Cleveland. The eleven parking spaces on East Avenue in front of the Post Office also would need to be removed. Mr. Kubiki indicated he is looking at various ways to address the area around Drew Street, complicated by loading bays on East Avenue at one business. He is working with the abutting property owner to see if public access can be gained to the rear of the building where additional loading bays are located but currently have no access. The Florida Department of Transportation (FDOT) will need to give permission regarding a signalized crossing on Drew Street. The 10-foot sidewalk would continue north of Drew in front of the Ice House to the extension of the abandoned rail line. Mr. Kubiki summarized the proposal, stating the extension travels north on the abandoned rail line for a little more than a mile; at East Avenue, the trail is converted to a ten-foot sidewalk and continues to where the existing trail currently terminates. He stated the estimated cost will be approximately $2-million, not including utility relocations. Mayor Garvey noted the difficulty in engineering this section of the trail and expressed appreciation for Mr. Kubiki's efforts. She did not like the new signal lights proposed. Commissioner Thomas questioned if there would be new signals. Mr. Kubiki said three new traffic signals would be installed. Commissioner Thomas questioned if the signals would be "on demand." Mr. Kubiki said they will be green except when actuated by a pedestrian. Sensors installed on East Avenue also would trigger the lights. Commissioner Thomas questioned the overpass' cost. Mr. Kubiki estimated the overpass would cost approximately $1-million. Commissioner Thomas questioned if a demand signal could be installed instead. Mr. Kubiki indicated the County will be meeting with FDOT to discuss that possibility. He noted the signals would not meet FDOT standards for signal spacing along Ft. Harrison. He indicated he did not know FDOT's plans for Ft. Harrison. Commissioner Thomas said FDOT is looking at several changes regarding Ft. Harrison. He indicated he would prefer saving the $1-million and installing an on demand signal. Mr. Kubiki stated if the trail stayed on grade, at that point, another signal would be needed at Lakeview. Commissioner Thomas questioned how long the project will take. Mr. Kubiki predicted the project could be completed in 13 months. Commissioner Thomas questioned the date of the National Convention of Trail Users to be held in Clearwater. It was indicated the convention is scheduled for November 1995. Commissioner Thomas suggested holding the ribbon-cutting ceremonies during the convention. Mr. Kubiki agreed that would be a great idea. Commissioner Thomas suggested that goal be a component of the County's planning. Mr. Kubiki agreed it would be a good target. Commissioner Deegan disagreed with Commissioner Thomas' comments regarding Ft. Harrison and noted his preference for the overpass. He noted no matter what happens regarding the State designation of that road, there always will be heavy traffic on that road. Consensus was to approve the trail as recommended. ITEM #6 - Citizens to be heard regarding items not on the Agenda - None. CITY MANAGER REPORTS CONSENT AGENDA (Items #7-11) - Approved as submitted less #9. ITEM #7 - Fire Protection Services Agreement with the Pinellas County Fire Protection Authority for the period 10/01/94 -09/30/97 (FD) ITEM #8 - No item. ITEM #9 - Change in City's procurement process for purchasing City vehicles and/or equipment: authorize Purchasing Officer to purchase equipment from various sources as long as the purchase price does not exceed the individual prices available on other governmental bids and does not exceed the total Commission approved budgeted amount for replacement of said equipment (GS) ITEM #10 - Purchase of misc. brass water fittings from Southeastern Municipal Supply of Tampa, FL, for the period 12/05/94 -12/04/95, at an estimated $77,462.75 (PW) ITEM #11 - 1995 Underdrain Contract to Suncoast Excavating, Inc., Ozona, FL, for $798,299.40 (EN) The City Manager requested Item #9 be pulled. Commissioner Fitzgerald moved to approve the Consent Agenda as submitted except to continue Item 9 and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. OTHER ITEMS ON CITY MANAGER REPORT ITEM #12 - Pinellas Planning Council - 1 appointment (CLK) Commissioner Thomas moved to reappoint Commissioner Berfield. The motion was duly seconded and carried unanimously. ITEM #13 - Library Board - 1 appointment (CLK) Commissioner Deegan moved to appoint Shirley Kennedy. The motion was duly seconded and carried unanimously. ITEM #14 - Beautification Committee - 2 appointments (CLK) Commissioner Thomas moved to appoint Katherine Merriam. The motion was duly seconded and carried unanimously. The second appointment was not made as there were no other names submitted for consideration. Commissioner Deegan indicated the City Manager's office has been provided the name of a resident who expressed an interest in serving on this Committee. ITEM #15 - Other Pending Matters a) Appoint High Speed Rail Task Force Commissioner Thomas hoped Commissioners used as a litmus test, that Task Force members support a High Speed Rail terminal in Clearwater before other Pinellas County locations. Mayor Garvey appointed Roger Sweeney. Commissioner Fitzgerald appointed Alan Bomstein and Pete Woodham. Commissioner Deegan appointed Tim Johnson and Chuck Pollick. Commissioner Thomas appointed Curt Kiser and Dan Brockway. The Mayor and Commissioner Berfield will announce three additional appointments at a later meeting. (At the November 3, 1994 meeting, it was noted the previous agreement had been for each Commissioner to suggest names and the Commission, as a whole, to appoint.) b) Causeway Commuter Classic - closure of SR 60 The Westshore Alliance requested closing two north lanes of the Courtney Campbell Causeway and two west lanes of the Bayside Bridge on Sunday, November 20, 1994 for the Causeway Commuter Classic. The process will begin around 5:00 a.m. The Bayside Bridge will be reopened by 10:30 a.m. and the Courtney Campbell Causeway by 11:30 a.m. The Alliance needs permission from the City before submitting for a permit from the Florida Department of Transportation. The Mayor questioned the timeliness of the request. The City Manager indicated requests must be made 30 days prior to an event and noted the letter was received within that time frame, on October 17, 1994. Commissioner Thomas questioned permitting the event in the first place. He suggested the bicycle event take place on the Pinellas Trail. He opposed closing a major thoroughfare like Courtney Campbell Causeway for a social event because of the adverse impact on citizens and tourists. Mayor Garvey questioned if the roads would be closed in phases. The City Manager did not know but indicated Courtney Campbell will not be totally closed and will remain open with two lanes of traffic. Commissioner Fitzgerald questioned if this event had been approved previously. Commissioner Berfield reported the event took place last year. Commissioner Berfield moved to approve the request. The motion was duly seconded. Commissioner Deegan questioned if the request went through the Special Events Committee. The City Manager stated it was in process. Commissioner Deegan suggested the item be approved subject to the Special Events Committee approval and conditions. Commissioner Berfield agreed to amend the motion. The seconder agreed. Upon the vote being taken, motion carried unanimously. CITY ATTORNEY REPORTS ITEM #16 - Other City Attorney Items a) rates for interim assistance The City Attorney submitted a memorandum outlining the terms of needed short term assistance not to exceed $125 an hour and not to exceed $10,000 per event. She stated if it appears these amounts will be exceeded, she will return to the Commission with the contract for advance approval. Commissioner Deegan questioned if the attorneys Ms. Akin proposes to hire are to assist on projects. The City Attorney said that depends on the contract. In one case, she plans to hire a person to assist but in most circumstances, the attorneys will be handling the case. Commissioner Deegan hoped the fee can be negotiated for less than $125 an hour. The City Attorney indicated she does attempt to negotiate lower fees whenever possible. Commissioner Thomas moved to approve the fee schedule proposed by the City Attorney. The motion was duly seconded and carried unanimously. ITEM #17 - City Manager Verbal Reports The City Manager reported a request from Belleair Bluffs for an extension of the contract for Clearwater's Deputy Fire Chief, Joe Pidala, to work with the City of Belleair Bluffs while they reevaluate their fire department. She noted this will be a three-month extension for one-third of Mr. Pidala's time. The current contract expires November 16, 1994. Commissioner Thomas questioned the City Manager's recommendation. The Mayor noted the Mayor of Belleair Bluffs indicated this arrangement helped their city. The City Manager suggested viewing this matter as intergovernmental cooperation. She noted it has impacted the City's Fire Department but the staff has been effective in filling roles and assignments. She recommended extending the contract. Commissioner Thomas questioned if the City had considered taking responsibility for Belleair Bluffs' fire needs on a fee basis. The City Manager indicated Belleair Bluffs is not contiguous with Clearwater. Commissioner Thomas moved to approve the three-month extension of the contract for Clearwater's Assistant Fire Chief to work one-third of his time with the City of Belleair Bluffs. The motion was duly seconded and carried unanimously. ITEM #18 - Commission Discussion Items - None. ITEM #19 - Other Commission Action Commissioner Thomas read a letter into the record he is sending to Elise Winters, Chair of the Downtown Development Board, questioning allegations of improprieties regarding the recent board election. Commissioner Fitzgerald distributed a newspaper article regarding desalinization. Commissioner Deegan referred to the change of format at the recent Town Meeting at the Martin Luther King Center and complimented the City Manager and staff regarding their participation. He said the video was well done except for the reading of the charter questions, which he found confusing. He suggested that section of the video be modified if possible. He had hoped to have the opportunity to ask the attending residents what they thought of the changed format. He recommended initiating a feedback form with two or three simple questions, including their thoughts on the change in the format. He recommended the City continue improving the Town Meetings. Commissioner Deegan expressed concern regarding a memorandum from the City Manager delaying an item regarding the Harborview Center. He questioned how this affects the time of attracting restauranteurs to the facility. The City Manager said she recently received information regarding the next stage of preliminary design and cost estimates but has not had an opportunity to meet with Dean Rowe to review the details. At the same time, firms interested in managing the facility have responded. Some have indicated it would be important for them to have some say in selecting the restauranteur and perhaps have the ability to take over the catering responsibilities. She hesitated going too far regarding the restaurants as it may preclude options on the contract with the facility manager. Commissioner Deegan questioned if RFPs are required if the City knows of two or three qualified people in the area interested in the project. Mayor Garvey expressed concerns that too many options would be closed if the RFP was not issued. The City Attorney indicated there is no legal requirement to issue an RFP prior to filling the space. Commissioner Deegan questioned if the City wants to issue an RFP for the restaurants. The City Manager felt it would be advisable to provide options. Commissioner Thomas questioned the time delay if an RFP was issued. The City Manager indicated several negotiations are taking place and noted the restaurant will not be able to open until late summer or early fall 1995. She questioned if timing is important now. Assistant City Manager William Baker questioned if the City needs a bid to lease the property. The City Attorney indicated the City Charter does not require securing a bid for a short term lease. Commissioner Deegan noted there may be some constraints in terms of those initially interested. He suggested if the City waits to send out an RFP, some people may indicate they can no longer wait. He noted if an RFP is sent out, the earliest a contract could be discussed would be January. He expressed concerns that the restaurant discussions not be delayed. Commissioner Thomas recommended considering the upstairs and downstairs restaurants as separate issues. He suggested if the City accepts a commitment for the downstairs restaurant, it would be easier to market the space for the upstairs restaurant. Mayor Garvey noted some of the management companies have indicated they want to be part of the process of choosing restaurants for the facility. Mr. Baker said if the Commission is giving staff direction to negotiate directly with a restauranteur, absent notice to others, they need to be very clear in their instruction. Commissioner Deegan said he did not suggest these negotiations progress absent advertisement. He felt the RFP process takes three times longer than an advertisement. Commissioner Thomas concurred. He recalled in the rough plans, both restaurants had separate catering kitchens so either the restaurant or management could do the catering. He felt the Commission addressing the restaurant issue should not prevent negotiations with management companies. The City Manager indicated some may express interest if there is an opportunity for profit from catering the facility but did not know how many may respond. Commissioner Thomas recommended the Commission should be advised if serious discussions are occurring between staff and a restauranteur. He cautioned against losing a golden opportunity. Commissioner Deegan said he did not want the process slowed. The City Manager requested direction. Commissioner Deegan questioned the proposed time line. Ms. Rice indicated answers to the RFP could be presented to the Commission at the first meeting in January. She reported staff's recommendation regarding the management companies would be presented to the Commission at the November 17, 1994 meeting. Commissioner Deegan questioned if staff would have a proposal in response to the RFP at the first meeting in January 1995. Ms. Rice said they would. Commissioner Deegan stated the City Commission had the opportunity in the past to review RFPs prior to issuance. Ms. Rice agreed to distribute it to the Commission for the November 3, 1994 meeting. Commissioner Deegan questioned the response to the RFQ (Request for Qualifications) issued for the tower on the beach. Mr. Baker said the City received two responders. A committee of five will formulate a RFP letter that details what is acceptable. The Commission will review that package before it is forwarded to the responders. Commissioner Deegan referred to a letter from Atrium management requesting a meeting before November 5, 1994, regarding their proposed purchase of the remainder of the Park Street parking garage. The City Attorney said a letter is being sent to invite them to discuss the issue. Commissioner Thomas noted staff present at the Town Meeting left early. He suggested they could have stayed and answered many questions from the citizens. He recommended at future meetings staff stand up and answer questions from the citizens because staff has specific knowledge to address these concerns. Commissioner Deegan felt that would be an imposition on staff who already must prepare for these meetings. He noted the meetings are Commission meetings. He suggested once citizens are aware that staff will be present prior to the meetings, they will arrive early to ask questions. Mayor Garvey concurred these were meetings between the citizens and City Commissioners. She suggested it would be too difficult to be certain adequate staff was present to answer any item that might be addressed. She stated staff will follow-up and send a letter of response. She recommended the invitations to the next meetings note that staff will be available between 7:00 and 7:30 p.m. to answer questions. Consensus was to advise the public of staff participation prior to the Commissioners' Town meetings. Commissioner Thomas expressed concern regarding the use of the base at the proposed tower on the beach. He noted the City Commission had approved a narrow base with no businesses in order to not block the view of the Gulf. He requested these instructions be clear. Mr. Baker stated the City made clear in the RFQ that the City was not interested in financial participation in the project. He agreed the City will articulate the Commission's direction regarding the property under the tower. Commissioner Deegan noted the height also needs to be addressed. Mayor Garvey referred to a letter from Mr. Alexander's attorney regarding extending the Pier Pavilion lease and the City Manager's notes regarding the request. Consensus agreed with the City Manager's recommendations. ITEM #20 - Adjournment The meeting adjourned at 12:14 p.m.