06/06/1996 CITY COMMISSION MEETING
CITY OF CLEARWATER
June 6, 1996
Present: Rita Garvey Mayor/Commissioner
J. B. Johnson Vice-Mayor/Commissioner
Robert Clark Commissioner
Ed Hooper Commissioner
Karen Seel Commissioner
Elizabeth M. Deptula City Manager
Kathy S. Rice Deputy City Manager
William C. Baker Assistant City Manager
Pamela K. Akin City Attorney
Scott Shuford Central Permitting Director
Rich Baier Engineering Director
Cynthia E. Goudeau City Clerk
Patricia O. Sullivan Board Reporter
The Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation was offered by Reverend Otis Green of Everybody’s Tabernacle. The Mayor led the Pledge of Allegiance.
To provide continuity for research, items are in agenda order although not necessarily discussed in that order.
ITEM #3- Service Awards - None.
ITEM #4 - Introductions and Awards
Proclamation: Toastmaster Day - June 6, 1996
ITEM # 5- Presentations
a) Senator Latvala
Senator Latvala represents Pinellas and Pasco counties and said he is involved in the "water wars." He tried to find an equitable solution and stated the legislature passed the first
meaningful water policy legislation in many years: 1) provides scientific peer review of SWFWMD (Southwest Florida Water Management District) and other water management districts; 2)
provides Governor with line item veto of water management district budgets; and 3) requires water management districts to complete framing of fixed flows in affected area within 18 months.
Local governments can petition the FDEP (Florida Department of Environmental Protection) to complete the water flow evaluation and charge the associated water management districts if
this work is not completed on time.
Senator Latvala said the legislature addressed employee pensions and benefits. He reported the bill to expand the chapter plans for fire fighters and police officers passed the House
but not the Senate. SB (Senate Bill) 126 to continue insurance benefits for fire fighters
and police officers who are totally disable in the line of duty passed. He said the bill was amended to tightly define the circumstances in which that is invoked.
Senator Latvala said the library bill provides libraries with the ability to prosecute those with overdue library material. He said the law has had a very positive effect even though
no one yet has been prosecuted. Libraries are reporting large returns of overdue materials. He said the transportation bill was passed that advances money communities spent on transportation
projects when the projects appear on a work schedule. He cautioned a fairly long list of communities requesting reimbursement already exists. He noted FDOT (Florida Department of Transportation)
feels the existing Memorial Causeway Bridge can handle many more years of service. He will work on this issue
Senator Latvala said he now represents the North Greenwood neighborhood and noted citizen complaints regarding the proposed location of the tank. He suggested placing the tank in the
corner of the Marshall Street AWT Plant property where it would be obscured by vegetation and realigning the football field so it can be viewed by neighboring homes instead. He also
recommended the City consider locating the proposed laboratory building on another site to minimize construction at the Marshall Street property. He noted the City Commission must make
the best decision based on available information. He will continue to be active in the North Greenwood area.
Mayor Garvey thanked the Senator for his work on behalf of Clearwater and his input of local issues. She noted local governments represent the same constituents he does. Commissioner
Hooper thanked the Senator for being accessible.
b) NAHAB - Annual Report
NAHAB (Neighborhood & Affordable Housing advisory Board) members introduced themselves. Shirley Moran, NAHAB Chair, said the board represents Clearwater citizens regarding the allocation
of Federal and State housing and economic development funds. Funding sources are CDBG (Community Development Block Grants), HOME, and SHIP (State Housing Initiatives Partnership).
The board's evaluation process includes on-site visits, formal presentations, and review by technical review committee. Every member evaluates each applicant agency for eligibility,
impact, leverage of other funds, past performances, and objectives. In FY (fiscal Year 1995/96, the City received $2.2-million from all sources for allocation. Meetings are broadcast
on C-View TV. Subgrantees are allocated 15 minutes at each meeting to make presentations. She listed the subgrantees who reported to NAHAB last year.
NAHAB will review the economic and housing portion of the City's comprehensive plan. The board has accepted the lead agency role for citizen participation in "Brownfield" redevelopment.
NAHAB hosted focus groups regarding housing, economic development, homelessness, and special population needs. All subgrantees will appear before the board next year. The board also
will host two neighborhood focus groups.
Ms. Moran expressed concern programs for housing and economic development face cuts in the Federal and State budget. She encouraged the City to explore alternative funding
sources. Ms. Moran thanked the City Commission for the opportunity to serve the City. The Mayor thanked NAHAB members for their time and commitment.
c) Bruce Kaufmann - Clearwater Bombers - request reapproval of 10:1 matching grant money
Bruce Kaufmann, Chair of the Clearwater Bombers Board of Directors, made his annual request for a 10:1 matching grant. He said the grant is an incentive for the Bombers to gain corporate
sponsors. He said the Bombers have never had a losing season. Mr. Kaufmann reported many team members currently are attending the annual Blue/Gray tournament in Alabama. He said the
Bombers provide exciting entertainment and attract tourism. He thanked the City for its support. He said this is his third year in the 10 years he anticipates it will take to rebuild
the team. He distributed financial records to the City Commission.
Mr. Kaufmann predicted one day the team will be self-supporting but needs a little more help from the City. The Bomber's annual budget is $150,000. He requested an additional year
of grace to continue building donations from the current $82,000. He said the Bombers do fundraising for other charitable organizations such as Jerry's Kids, etc. with the Tampa Bay
Buccaneers and Lightning. He reported the Bombers are trying to gather resources to reduce expenses and indicated the team is being frugal. Two pitchers now stay in a home provided
by a winter resident. The Mayor said the team does an excellent job and indicated she is a long-time supporter. She noted the request for a 10:1 grant is for FY 1995/96. Mr. Kaufmann
indicated the team already received a $10,000 City contribution. The City Manager said the current match of $2,407 is not budgeted.
Commissioner Clark referred to guidelines outlined in City Commission Rule 12. The City Attorney agreed no Commission action on expenditures is permitted unless the item has been agendaed
with appropriate support materials. Mr. Kaufmann said he earlier provided the materials to Parks & Recreation Director Ream Wilson.
Consensus was to agenda this item for the June 20, 1996, meeting.
Plaque for continuing support the City has provided to Stetson University College of Law Civil Government Law Clinic presented by Gary Vause, Associate Dean, Stetson University College
of Law
Gary Vause, Associate Dean, Stetson University College of Law, expressed his gratitude for the unique public/private arrangement Stetson College of Law has with the City. He is proud
of the school's graduates, including the City Attorney. He stated the school has an outstanding faculty.
Steve Eberheart said Stetson College of Law is the top law school in the country in trial and advice and indicated the civil government law clinic is the program's "lynch pin." He
felt the school could not have reached this level of excellence without mentoring from the City's legal department. He acknowledged the City Attorney and presented a plaque to the Mayor.
The City Attorney said the program is valuable for the City. She appreciated the students who worked with the City.
American Gas Cooling Center Rising Start Award
Clearwater Gas Managing Director Chuck Warrrington said the City was presented the national award for top sales of gas air-conditioners. He said the second place winner, the City of
Philadelphia, is three times larger than Clearwater Gas. He presented the award to the City Commission.
ITEM #6 - Approval of Minutes
Commissioner Johnson moved to approve the minutes of the regular meeting of May 16, 1996, as corrected by the City Clerk and the special meeting of June 3, 1996, as recorded and submitted
in written summation by the City Clerk to each Commissioner. The motion was duly seconded and carried unanimously.
ITEM #7 - Citizens to be heard re items not on the Agenda
Anne Garris reported Kid's Week is scheduled for June 10 - 14, 1996. The event began as a grass roots project to demonstrate Clearwater beach is a family place with many children's
activities. She noted the Parks & Recreation Department has been helpful and the Library is sponsoring a shell craft program. She said the schedule includes a long list of activities
for families on Clearwater beach. She thanked the City and indicated help is needed with the Funky Fashion Show. The fee for the week is covered by a $1 purchase of a Kid button.
Shirley Moran noted C-View TV's schedule is not always printed in the St. Petersburg Times. She reported the schedule is now available at the information desk and appreciated the solution.
Lucius Pitts said the City plans to spend money on the Memorial Causeway and has spent money on the Harborview Center. He noted Commission support of waterfront development. He suggested
the Commission would raze the Harborview Center if they are serious and innovative. He said he was puzzled by staff and Commission comments that minimizing the Memorial Causeway's aesthetic
impact on the waterfront was worth a few million dollars. He noted the City was not concerned about aesthetic impacts on the North Greenwood neighborhood when they chose to locate a
water tank there. He said the grantors funding the water tank do not care where it is located. He indicated the City did not expand a blighted area for low income housing when citizens
objected. He stated the North Greenwood neighborhood will not allow the water tank to be constructed there.
Muhammad Abdur-Rahim said he supports Senator Latvala's comments. North Greenwood supports neighborhood concerns. He expressed alarm Clearwater has turned a deaf ear to the community.
He noted North Greenwood residents vote.
Debra Turner said the North Greenwood Stands organization will promote community consensus and include one member from each neighborhood organization to communicate with City government
regarding concerns about expanding the Marshall Street AWT Plant, traffic patterns, renaming North Greenwood Avenue to Martin Luther King Jr. Avenue, etc. She complained the vote regarding
the water tank's location did not need to occur until October 1, 1996. She said past usage of the Marshall Street property resulted in contamination problems
and claimed excessive contamination exists by Phillip Jones park. She said clear records regarding the current site do not exist. She said residents are not "raving lunatics" but concerned
citizens, concerned about the future. She questioned if the EPA is aware of spills at the Marshall Street AWT plant.
Lois Lowery noted resident outrage with plans to declare a neighborhood a blighted slum resulted in the declaration not being done. She said in May 1996, the City Commission voted
to place a waste water tank in the neighborhood despite angry protests. She suggested a one time $23.88 fee for every home would cover the $900,000 expense to move the tank elsewhere.
She is willing to pay extra to locate the tank outside her neighborhood.
Cherry Harris said the City does things for other parts of Clearwater. She noted residents love their Greenwood community. She recommended the City Commission relocate the tank and
help North Greenwood residents.
Columbus Bridges questioned why Island Estates' residents refuse to accept the tanks. He questioned if others would like the City locating an offensive facility in their neighborhood.
He said all have to account to God and said all residents should be on level ground. He requested the Commission consider appeals from the North Greenwood community.
Dennis Heneger said the stuff that comes out of Stevenson's Creek ends up in his back yard. He said little is done for the area East of Myrtle Avenue although that area pays the same
taxes as other downtown property owners. He complained the DDB (Downtown Development Board) spends money on office personnel and advertising and nothing for the area East of Myrtle
Avenue.
Sheila Cole said in August 1994, the City Commission promised to replace the Clearwater beach pool within two years. She expressed concern the pool's priority is 20 out of 22. She
noted there is no public swimming pool on the beach. Hotels without pools would appreciate one.
PUBLIC HEARINGS
ITEM #8 - Public Hearing & First Reading Ords. #6036-96 & #6037-96 - Annexation & RS-8 Zoning for property located at 2275 Manor Blvd. N., Clearwater Manor, Lot 85 (McClure, A96-20)
The applicant has requested annexation and proposed zoning of Single-Family Residential "Eight" for 2275 Manor Blvd. N. to obtain sewer service. On May 21, 1996, the Planning & Zoning
Board unanimously endorsed the request.
Commissioner Johnson moved to approve the Petition for Annexation and Zoning Atlas Amendment to Single-Family Residential "Eight" (RS-8) for 2275 Manor Boulevard North, Lot 85, Clearwater
Manor. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #6036-96 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance #6036-96 on first reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel and Garvey.
"Nays": None.
The City Attorney presented Ordinance #6037-96 for first reading and read it by title only. Commissioner Hooper moved to pass Ordinance #6037-96 on first reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel and Garvey.
"Nays": None.
ITEM #9 - Public Hearing & First Reading Ords. #6040-96 & #6041-96 - Annexation & RS-8 Zoning for property located at 2192 Dell Ave., Pine Dell Sub., Lot 2 (Cruz, A96-18)
The applicant has requested annexation and proposed zoning of Single-Family Residential "Eight" for 2192 Dell Avenue to obtain sewer service. On May 21, 1996, the Planning & Zoning
Board unanimously endorsed the request.
Commissioner Johnson moved to approve the Petition for Annexation and Zoning Atlas Amendment to Single-Family Residential "Eight" (RS-8) for 2192 Dell Avenue, Lot 2, Pine Dell Subdivision.
The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #6040-96 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance #6040-96 on first reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel and Garvey.
"Nays": None.
The City Attorney presented Ordinance #6041-96 for first reading and read it by title only. Commissioner Hooper moved to pass Ordinance #6041-96 on first reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel and Garvey.
"Nays": None.
ITEM #10 - Public Hearing & First Reading Ords. #6042-96 & #6043-96 - Annexation & RS-8 Zoning for property located at 1517 W. Virginia Lane, Virginia Groves Estates 1st Addition, Blk
10, Lot 2 (Wyllie, Jr. / Knox-Bronson, A96-17)
The applicant has requested annexation and proposed zoning of Single-Family Residential "Eight" for 1517 W. Virginia Lane to obtain sewer service. On May 21, 1996, the Planning & Zoning
Board unanimously endorsed the request.
Commissioner Johnson moved to approve the Petition for Annexation and Zoning Atlas Amendment to Single-Family Residential "Eight" (RS-8) for 1517 West Virginia Lane, Lot 2, Block 10,
First Addition, Virginia Grove Estate. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #6042-96 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance #6042-96 on first reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel and Garvey.
"Nays": None.
The City Attorney presented Ordinance #6043-96 for first reading and read it by title only. Commissioner Hooper moved to pass Ordinance #6043-96 on first reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel and Garvey.
"Nays": None.
ITEM #11 - (Cont'd from 05/16/96) Public Hearing & First Reading Ord. #6046-96 - Granting to GTE Media Ventures Inc. the permission to occupy municipal streets and rights-of-way in the
City of Clearwater as a means of providing cable television services; prescribing the terms and conditions accompanying the grant of franchise; and prescribing penalties for the violation
of its provisions; providing for severability of provisions
On January 11, 1996, GTE (GTE Media Ventures, Inc.) submitted an application and requested a franchise agreement based on State and Federal law. The ordinance grants the use of City
rights-of-way for 10 years. GTE will pay a 5% franchise fee, the highest allowed by law. This rate can be changed if the law changes or if the City chooses to change the fee by resolution.
Upon signing the franchise agreement, GTE will pay a grant of $50,000 to reimburse costs incurred by the City for the services and expenses of granting this franchise or any lawful
purpose. Currently Court and Cleveland Streets have no cable service. In addition to public buildings their system passes, GTE will serve: 1) the Municipal Services building; 2) Police
Department; 3) Main Fire Station; 4) City Hall; 5) Clearwater Public Library; 6) Harborview Center; 7) Pinellas County Utilities Building; 8) Pinellas County Courthouse and buildings
at 310 Court Street; and 9) Pinellas County at 440 Court Street.
Appendix A describes the system and will require a state-of-the-art system as defined in the area. Appendix B describes the general requirements for maintaining the system. Appendix
C describes access channels, equipment, facilities, and services. GTE will be required to carry the same channels and programming as required of the current (Time Warner) franchise
holder. An additional digital channel will be provided at City request once GTE provides programming on a digital basis.
GTE initially will pay $67,000 for government access equipment and, at the end of 7 years, will pay $50,000 for equipment. Clearwater will use this money to support and provide
facilities and equipment for government access programming. GTE will pay the following for public education and government access support: 1) Year 1 - $50,000; 2) Year 2 - $50,000;
3) Year 3 - $75,000; 4) Year 4 - $75,000; 5) Year 5 - $75,000; 6) Year 6 - $100,000; 7) Year 7 - $100,000; 8) Year 8 - $100,000; 9) Year 9 - $125,000; and 10) Year 10 - $125,000. Payments
will total $875,000. These funds will be used to support and supplement government and public access in the City program and can be used for maintenance, programming, and to purchase
equipment.
After the 4th year, GTE can request renegotiation of the amounts and manner in which education and government access is paid if Pinellas County adopts a different model for programming
or if GTE has less than 12,500 subscribers. The City reserves the right to negotiate, taking into account it may be appropriate to provide support to the City in addition to any shared
costs.
Appendix D is the Institution NET and the GTE contribution is included in the $50,000 grant referenced above. Appendix E is the Customer Service Standards. These standards are generally
consistent with the old Vision Cable standards.
Deputy City Manager Kathy Rice reported staff has not been able to reach an agreement with Time Warner. She indicated staff is evaluating three new proposals Time Warner submitted
today. She felt staff had made progress in negotiations with Time Warner on behalf of Clearwater citizens. She felt the agreement with GTE was structured properly and recommended its
passage.
The City Attorney referred to the Ordinance, page 19, and indicated paragraph 3(e) was deleted.
Commissioner Johnson said he had received a number of calls regarding this issue. He noted people want competition. He questioned if everything had been brought forward. Commissioner
Hooper questioned if outside attorney Norm Sinel felt the agreement represents a "level playing field." Mr. Sinel indicated that was the case with a caveat, noting the City is negotiating
with Time Warner and close to reaching agreement. He said the question regarding a "level playing field" will have to be asked again when Time Warner's renewal is brought forward.
In answer to a question, Mr. Sinel said a mechanism in the agreement allows a franchisee to address the City Commission with claims the "playing field" is not "level." If the franchisee
is not satisfied with the outcome, they can claim the City acted inappropriately.
In answer to a question, the City Attorney said the City is not bound by Commission approval of a first reading of an ordinance. She said she would be concerned if the City Commission
never granted GTE a franchise. Ms. Rice did not believe a final agreement with Time Warner can not be negotiated for approval by the City Commission meeting by the June 20, 1996, City
Commission meeting. She referred to proposals Time Warner recently submitted and indicated the City's auditor is visiting Time Warner. Staff has met every schedule requested by Time
Warner and will continue making every effort to reach agreement. The Mayor noted once the City Commission approves this agreement, the "level playing field" becomes the GTE agreement.
Commissioner Johnson moved to approve the proposed application and franchise agreement negotiated with GTE Media Ventures, Inc., and that the appropriate officials be authorized to
execute same. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #6046-96 for first reading and read it by title only. Commissioner Seel moved to pass Ordinance #6046-96 on first reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel and Garvey.
"Nays": None.
ITEM #12 - (Cont'd from 03/21, 04/18 & 05/02/96) Public Hearing & First Reading Ords. #5989-96 & #5990-96 - Land Use Plan Amendment to Commercial General & CG Zoning for property located
at 401 S. Belcher Rd., Sec. 18-29-16, M&B 23.11 (Gerry Staring / Natalie Moyles, Trustee, LUP96-01, Z96-02)
This item was continued at the request of the applicant from April 18, 1996, to enable the applicant to provide evidence MHP (Mobile Home Park) residents affected by this rezoning were
notified and that relocation alternatives were identified for these residents. The applicant has complied according to his letters of March 26, 1996, and April 15, 1996. Six letters
of objection from MHP residents were received. The applicant has satisfied State resident relocation requirements.
The applicant wishes to rezone the 36-unit MHP located in a developed area just North of Gulf-to-Bay Boulevard and East of Belcher Road. Staff feels it is appropriate to redevelop
the property to provide community and countywide commercial goods and services. Surrounding properties have mostly commercial uses, with a medium density residential use to the East.
The subject property is zoned Mobile Home Park (MHP) and has a Land Use Plan Classification of Residential Medium. It is proposed to rezone the property General Commercial (CG). The
applicant has not specified development plans. Properties to the immediate North are in the County. Staff noted the proposed rezoning will promote infill development and foster a consolidated
commercial corridor.
Central Permitting Director Scott Shuford said staff has reviewed this request and feels the proposal meets the Standards for Approval and State law related to mobile home park conversions.
Staff research of recent rezonings of non-residential uses indicates previous applicants had particular uses in mind at the time of the requests. The City has no control over the particular
use of property zoned General Commercial unless a planned development first is established. He agreed people currently inhabit the property. Mr. Shuford said this proposed conversion
is similar to the one at the Ridgehaven park on US 19N where concerns disappeared as negotiations continued. Staff will come forward later with suggestions and policies regarding future
mobile home park conversions. He reported staff has not received additional complaint letters since the April 18, 1996, meeting.
Tom Nash, representative of the applicant, said his client is seeking commercial designation. He said the City Commission needs to determine: 1) if the proposed zoning is appropriate
and 2) if suitable locations exist for existing mobile home owners to relocate. Mr.
Nash said only eight residents own their units. He said the proposed zoning is appropriate as Belcher Road is a commercial corridor in this area. He felt the change will improve the
entire area. He provided a thumbnail sketch of available parks and reported 118 lots are available within 15 miles and 25 are within 1 mile. Two parks indicated a willingness to offer
relocated units six months free rent. He reported working diligently with every resident who submitted a letter of objection and stated all objections are resolved. He is looking for
alternative accommodations for one 97-year-old resident. The Mayor questioned why only five residents had submitted letters indicating their objections had been resolved. Mr. Nash
said he had reached agreement with one resident who went North for the summer and cannot be reached. The family of another resident, hospitalized in critical condition, is amenable
to whatever the applicant can do.
Commissioner Johnson moved to approve the Petition for Future Land Use Amendment to Commercial General and a Zoning Atlas Amendment to General Commercial (City Hall) for M&B 23-11 in
Section 18-29S-16E. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #5989-96 for first reading and read it by title only. Commissioner Johnson moved to pass Ordinance #5989-96 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel and Garvey.
"Nays": None.
The City Attorney presented Ordinance #5990-96 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance #5990-96 on first reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel and Garvey.
"Nays": None.
ITEM #13 - Second Reading Ord. #6029-96 - RPD-16 Zoning for property located approx. 700’ North of Gulf to Bay Blvd. & 350’ East of Cambridge Dr., Storz Ophthalmic, Inc., Park Place
DRI, Lot 2 (less portion zoned Preservation) & Lot 3; approve Final Site Plan for the Grand Reserve subject to conditions (Storz Ophthalmics, Inc., Z96-03)
This request is for Residential Planned Development zoning for a 27-acre parcel in the Park Place of DRI (Development of Regional Impact) between Gulf-to-Bay Boulevard and Drew Street
East of US 19N. City Commission approval of the plan is required because the property exceeds 25 acres. Staff established initial goals during project discussions: 1) complete construction
of Park Place Boulevard between Drew Street and Gulf-to-Bay Boulevard; 2) create pedestrian environment that facilitates foot traffic between DRI uses and surrounding land uses including
Clearwater Mall, the Drew-19 Shopping Center, and Eisenhower Elementary School; 3) protect and preserve important environmental features in the project; and 4) create a “high end rental”
residential environment which has a strong market.
The proposed site plan meets these goals. The applicant will complete Park Place Boulevard prior to the issuance of COs (Certificate of Occupancy) for any of the apartment buildings.
The proposed pedestrian design, including sidewalk construction, allows an acceptable balance between access to surrounding uses and on-site security. Site environmental features will
be preserved and augmented. The site design and type of construction proposed by the applicant signal an exclusive rental development of the award-winning Bayside Arbors variety.
The potential of this project to establish a “village” atmosphere for the Park Place DRI is exciting. It will offer the opportunity for a City resident to live, work, shop, attend
school, and recreate in a relatively small area, all within walking distance. The applicant also will provide a mass transit stop.
No land use plan amendments are needed immediately pursuant to this development. Prior to the final COs for the project, the applicant will be required to submit requests for amending
the land use plan to reflect the creation of the residential area and more clearly define the preservation areas. The project is consistent with the development order for the Park Place
DRI.
On May 7, 1996, the Planning and Zoning Board unanimously endorsed the proposal.
Commissioner Clark moved to approve the Petition for Zoning Atlas Amendments to Residential Planned Development “Sixteen” for Lots 2 and 3, less portion of Lot 2 which is zoned “Preservation,”
Storz Ophthalmics, Inc., Park Place DRI (Development of Regional Impact) and approve the Final Site Plan for the Grand Reserve, subject to final conditions: 1) before the Site Plan can
be certified, the applicant must complete: a) show on the site plan the installation and maintenance of uniform traffic control devices at appropriate locations in accordance with standards
set forth by the Manual on Uniform Traffic Control Devises as adopted by FDOT (Florida Department of Transportation) under Rule 14-115.010, Florida Administrative Code; b) show all pavement
markings and signage on the site plan; c) show all striping, pavement markings, signage, and traffic control devices on the site plan conforming to FDOT Standard Indices-1995 edition
and FAC 14-110 (no 4-inch striping is to be shown); d) add three additional landscaped islands in lieu of parking; and e) add a note that advises off-site street and roadway detail are
provided for information only; 2) before the City can issue building permits, the applicant must complete the following actions: a) obtain and furnish evidence of all applicable permits
from other governmental agencies including but not limited to: i) SWFWMD permit to Clearwater Environmental Management and ii) Pinellas County Public Health Unit Permit, Ingress/Egress
and a 10-foot utility easement over the proposed water mains up to and including meters, backflow prevention devices and hydrants; b) pay the sewer impact assessment fee, based on the
size of the water meter with assistance in determining the fee from Central Permitting/Licensing Specialists; and c) acquire clearing and grubbing and tree removal permits or a no tree
verification form from Environmental Management; 3) before the City can issue a Certificate of Occupancy, the applicant must complete the following actions: a) bring all substandard
sidewalks and sidewalk ramps adjacent to or a part of the project up to standard, including ADA, and install sidewalk where none exists in the street right-of-way; b) have the City install
backflow prevention devices at each building with the owner/applicant paying all applicable fees; and c) furnish as-builts and an engineer’s certification to Engineering Services; and
4) complete the following actions; a) obtain the requisite building permits within one year from the site plan certification data to prevent expiration of the site plan certification;
b)
obtain the requisite certificate(s) of occupancy within 3 years of the site plan certification date to prevent expiration of the site plan certification; and c) obtain review of and
permits for signs and fencing/walls through separate review and permitting procedures. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #6029-96 for second reading and read it by title only. Commissioner Clark moved to pass and adopt Ordinance #6029-96 on second and final reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel and Garvey
"Nays": None.
ITEM #14 - Public Hearing & First Reading Ords. #6032-96 & #6033-96 - Land Use Plan Amendment to Institutional & P/SP Zoning for property located approx. 330’ east of Greenwood Ave.,
Georgas Sub., Lots 5-10, Sec. 22-29-15, M&B 21.05 (School Board of Pinellas County / Fusco Management Corp. / Property Capital Trust, LUP96-03, Z96-05)
The applications cover six vacant lots contiguous to Belleair Elementary School. The Pinellas County School Board has placed these lots under contract and plans to combine them with
the adjacent elementary school to the East which is zoned Public/Semi-Public. These lots, in the City, are East of Pinellas Street and approximately 330-feet East of Greenwood Avenue.
The subject lots are zoned Multiple-Family Residential “Twelve” (RM-12) and have Land Use Plan Classification of Residential Medium. The RM-12 zoning district does not permit schools
or playfields. It is proposed to rezone the property Public/Semi-Public.
The Future Land Use Plan Classification of Residential Medium would be changed to Institutional to conform with the Future Land Use Plan for the East property. Properties to the North
and West have a Future Land Use Plan Classification of Residential Medium and are zoned Multiple-Family Residential "Twenty-Eight" (RM-28) and Multiple-Family Residential "Twelve" (RM-12).
Properties to the East and South have Future Land Use Plan Classification of Institutional and Residential Medium and are zoned Public/Semi-Public (P/SP) and Commercial Center (CC).
The proposed Future Land Use Plan and Zoning Atlas Amendments are requested to permit the proposed expansion. The combined lots contain 2.72 acres. The school site contains approximately
8 acres. This land is being acquired to add to the existing school property to meet current and future educational needs of the community and school. The proposed amendments would
be an expansion to the existing Public/Semi-Public district to the East. The proposed playground will be an accessory use to the existing school property and no conditional use approval
will be required. The agreement to purchase the subject lots is contingent upon approval of the land use plan and Zoning Atlas Amendments from the City to assure these lots are usable
for school purposes.
On May 21, 1996, the Planning and Zoning Board unanimously endorse this proposal.
Jim Miller, representative of the Pinellas County School Board, said the proposed changes will support anticipated growth of Belleair Elementary School which was founded in 1926.
Commissioner Johnson moved to approve the Petition for Future Land Use Plan Amendment to Institutional, and Zoning Atlas Amendment to Public/Semi-Public (P/SP) for Lots 5, 6, 7, 8,
9, and 10, Georgas Subdivision, and vacated portion of Eugenia Street and M&B 21-05 in Section 22-29S-15E. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #6032-96 for first reading and read it by title only. Commissioner Johnson moved to pass Ordinance #6032-96 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel and Garvey.
"Nays": None.
The City Attorney presented Ordinance #6033-96 for first reading and read it by title only. Commissioner Hooper moved to pass Ordinance #6033-96 on first reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel and Garvey.
"Nays": None.
ITEM #15 - Public Hearing & First Reading Ords. #6034-96 & #6035-96 - Land Use Plan Amendment to Institutional & P/SP Zoning for property located at 1142 Lakeview Dr., Sec. 22-29-15,
M&B 21.10 (School Board of Pinellas County / Pinellas Board of Public Institution, LUP96-02, Z96-04)
This application covers a parcel adjacent to land owned by the applicant, the Pinellas County School Board. The School Board plans to combine the lot with its adjacent property (Belleair
Elementary School) to the East which is zoned Public/Semi-Public. The lot, in the City, is North of Lakeview Road and approximately 545-feet east of Greenwood Avenue. The subject lot
is presently zoned Multiple-Family Residential "Twelve" (RM-12) and has a Land Use Plan Classification of Residential Medium. The RM-12 zoning district does not permit schools or playfields.
It is proposed to rezone the property Public/Semi-Public.
The Future Land Use Plan Classification of Residential Medium would be changed to Institutional to conform with the Future Land Use Plan for the East property. Properties to the North
and West have a Future Land Use Plan Classification of Residential Medium and are zoned Multiple-Family Residential "Twelve" (RM-12). Properties to the East and South have Future Land
Use Plan Classification of Institutional and Residential Urban, and zoning of Public/Semi-Public (P/SP) and Multiple-Family Residential "Eight" (RM-8). The proposed Future Land Use
Plan and Zoning Atlas Amendments are being requested to permit the proposed expansion. The parcel is less than one acre, the minimum lot size for the Public/Semi-Public District. The
school site contains approximately 8 acres and this land is being added to the existing school property to meet the current and future education needs of the community and school. The
proposed amendments would be an expansion to the existing Public/Semi-Public district to the East. The proposed drainage (utility facility) can be considered by the Planning and Zoning
Board as a conditional use if the proposed Future Land Use Plan and Zoning Atlas Amendments are approved.
On May 21, 1996, the Planning and Zoning Board unanimously endorsed this proposal.
Commissioner Clark moved to approve the Petition for Future Land Use Plan Amendment to Institutional, and Zoning Atlas Amendment to Public/Semi-Public (P/SP) for M&B 21-10 in Section
22-29S-15E. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #6034-96 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance #6034-96 on first reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel and Garvey.
"Nays": None.
The City Attorney presented Ordinance #6035-96 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance #6035-96 on first reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel and Garvey.
"Nays": None.
ITEM #16 - Public Hearing & First Reading: Ord. #5962-96 - LDCA amending Div. 26 of Ch. 40, to provide for revised development standards in the Urban Center District & Ord. #5964-96
- Zoning Amendments for Downtown Urban Core districts (LDCA95-20, Z96-01)
To implement the Downtown Redevelopment Plan, the City is adjusting zoning requirements: 1) changes to downtown zoning districts, and 2) amendments to the Land Development Code for
the Urban Center district.
The Downtown Redevelopment Plan recommended revising some zoning districts. The City Commission directed modification of some recommendations: 1) eliminate the multiple Eastern Corridor
subdistricts and 2) extend the UC(C2) subdistrict one block eastward to incorporate both sides of Myrtle Avenue.
This item also includes Land Development Code amendments. The revised zoning and development regulations for downtown zoning districts include changes in the allowable height, FAR
(floor area ratio), density requirements, and other less substantial changes.
Staff feels implementing the Downtown Redevelopment Plan will spur downtown redevelopment activity. Staff believes the proposed changes reflect appropriate levels of development intensity.
A number of adjustments to the original proposal have occurred. Staff feels these adjustments will encourage wide support of the current zoning changes by downtown property owners.
On May 21, 1996, the Planning and Zoning Board endorsed the atlas and code amendments by 4-1 votes. The board will rehear the atlas amendments due to an advertising problem. The Planning
and Zoning Board recommended changes to the code amendment regarding the Eastern Corridor District: 1) increase “base” height from 100 feet to 150 feet and 2) increase “bonus” height
from 150 feet to 180 feet.
Mr. Shuford stated many public meetings addressed this issue. He noted staff cannot support some of the recommendations. He reported the text amendments transition heights West to
East from 60 feet to 100 feet to 180 feet to 100 feet. He reported a majority of the Planning & Zoning Board had voted to adopt the proposed text amendments and approve the zoning changes.
Fredrica is the eastern boundary of the Urban Core East.
Harry Cline, representing owners of the 1100 Building and Dimmitt leasing, felt a 200-foot limit is appropriate as it would permit a stair step effect and provide an opportunity for
vistas. If the City Commission approves lower height limits, he suggested redrawing boundaries for Urban Core East and Urban Core Center (2) East/West rather than North/South. He noted
major commercial streets run East/West and recommended encouraging development along the Cleveland Street corridor. He pointed out proposed zoning would bifurcate the Dimmitt property.
Dennis Heneger said he owns property South of the 1100 Building and questioned the value of five stories of building he would be unable to construct under the proposed zoning restrictions.
The Mayor said moving the boundary West, to its original location, would solve Mr. Cline's concerns regarding the Dimmitt property. Commissioner Seel questioned if the boundary could
be moved East. Mr. Shuford said the plan is based on findings that Clearwater's downtown is too large for office space demand. Based on the Visual Preference Survey, the plan reduces
downtown's scale and reflects what people want to see. He reported 8-stories is about the limit of pedestrian scale. He listed noted some of the proposed land uses and stated additional
modifications to the plan will occur.
The Mayor noted the 1100 Building, as well as many Clearwater beach properties, are non-conforming. Mr. Shuford stated the 1100 Building's height and size is grandfathered. He reported
if a property meets certain requirements, a provision in the Code allows height and other bonuses. He noted few lots on Cleveland Street are deep enough to house a retail strip mall.
Multi-family and single family development is planned behind Cleveland Street and an entertainment complex is planned for the East End. He noted Mr. Cline's recommendation is problematic
for the current plan.
The Mayor suggested moving the boundary line to Myrtle Avenue instead of Prospect. Mr. Shuford said under the proposed zoning, a height variance could be considered for the Dimmitt
property if it is developed in a unified fashion. Mayor Garvey supported a transition in building heights and opposed increasing heights in the eastern corridor. Commissioner Johnson
questioned the proposed zoning's effect on the 1100 Building. Mr. Shuford said staff thought the changes would have no effect. Mr. Cline said a letter indicating a building conforms
is typically required when obtaining a significantly large mortgage. He felt his proposal would be good for the community. Mr. Shuford said the 1100 building can retain its height
and
increase its FAR. He reiterated the owner of the 1100 Building would not be harmed. The Mayor noted the 1100 Building needs additional parking to expand.
Commissioner Seel expressed concern the proposed changes will impact many property owners. She questioned if the changes are fair and if the City is impacting itself. Mr. Shuford
suggested continuing the item to allow staff time to review Mr. Cline's recommendations. The Mayor noted Ft. Harrison and Myrtle are corridors. She opposed lining Cleveland Street
with 150 foot tall buildings. She suggested addressing Mr. Cline's recommendation in another study. She supported staff recommendations which eliminate currently unlimited heights
and densities. She suggested establishing some limits and later reviewing where lines are drawn.
Mr. Shuford felt it would be preferable to continue the atlas and text amendments and allow staff time to evaluate the corridor concept. Mayor Garvey expressed concern that action
would take a long time. Mr. Shuford noted text amendments refer to some districts that currently do not exist. He will bring forward additional information to the next meeting. Mayor
Garvey noted the importance of starting the process to limit building heights and FAR. Mr. Shuford estimated revisions could be approved by August 1996.
Commissioner Seel suggested also reviewing the Court and Drew Street corridors. Mr. Shuford felt Drew Street should act as a transition to residential properties to the North.
Commissioner Johnson moved to pass Ordinance #5962-96 on first reading. There was no second.
The City Attorney indicated the City Commission cannot assume buildings will not be built to greater heights. She noted the recently passed State property rights bill allows property
owners to approach the City and request accommodation. Mr. Shuford noted the legislation requires the proposed development to be fairly logical.
Commissioner Hooper said the Dimmitt property could be a substantial redevelopment parcel. The Mayor noted it could come forward as a planned development. Mr. Shuford will report
on the banking requirements to which Mr. Cline referred. He noted current occupancy rates will not support another tall office building downtown. He said building construction costs
increase once a building rises above a certain height.
Commissioner Seel moved to continue this item to the June 20, 1996, meeting. The motion was duly seconded and carried unanimously.
The Commission recessed from 8:39 to 8:57 p.m.
ITEM #17 - Variance(s) to Sign Regulations for property located at 1295 S. Missouri Ave., F.E. Hanousek’s Sub., part of Lots 11 & 12 (Albertson’s Inc., SV96-09)
This property, on the Northeast corner of Missouri Avenue and Lakeview Road, is zoned Commercial Center. The applicant is requesting a variance of one wall sign to allow a total of
four wall signs. The variance is requested to permit placement of a wall sign identifying the mini-bank within the grocery store.
Staff recommends approval as the variance will not increase the allowed sign area, only the number of wall signs. The proposed total sign area is 277.5 square feet where 290 square
feet are permitted. The additional sign will identify the mini-bank, not the grocery store. Approval will not detract from the neighborhood’s appearance. Strict enforcement of the
code would not provide any specific public benefit.
Mr. Shuford noted concerns about setting a precedent and stated staff feels the standards are met and recommends approval. In answer to a question, Mr. Shuford agreed a fourth sign
would be allowed for a store with a separate entrance and would not be counted as part of Albertson's signage. Concern was expressed this decision not affect an earlier determination
regarding the Albertson's on Gulf-to-Bay Boulevard. The Mayor noted that store's signage exceeded size limits.
In answer to a question, Cathy Dixon, representative for the applicant, said the original application for a larger sign later was changed to a request for an additional wall sign.
She reported checking to see if the signs could be combined but noted the bank, First of America Bank, is a separate entity but does not have a separate entrance.
Commissioner Clark moved to approve a variance of one wall sign to allow four wall signs on property identified as F E Hanousek’s Sub., parts of Lots 11 and 12, for meeting 45.24 Standards
for Approval, items (1)-(4) and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously.
Public Hearing - Second Reading Ordinances
ITEM #18 - Ord. #6013-96 - amending Sec. 35.11, to revise definition for variance (LDCA96-04)
The City Attorney presented Ordinance #6013-96 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #6013-96 on second and final reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel and Garvey
"Nays": None.
ITEM #19 - Ord. #6023-96 - approving new gas utility rates to become effective for all billings rendered on or after 10/01/96, and incorporating subsequent changes to become effective
for billings rendered on or after 10/01/97
The City Attorney presented Ordinance #6023-96 for second reading and read it by title only. Commissioner Hooper moved to pass and adopt Ordinance #6023-96 on second and final reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel and Garvey
"Nays": None.
ITEM #20 - Ord. #6024-96 - Annexation for property located at 1500 Stevenson Dr., Stevenson’s Heights Sub., Blk A, Lot 27 (Baker & Williamson Enterprises, Inc., A96-15)
The City Attorney presented Ordinance #6024-96 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #6024-96 on second and final reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel and Garvey
"Nays": None.
ITEM #21 - Ord. #6025-96 - CG Zoning for property located at 1500 Stevenson Dr., Stevenson’s Heights Sub., Blk A, Lot 27 (Baker & Williamson Enterprises, Inc., A96-15)
The City Attorney presented Ordinance #6025-96 for second reading and read it by title only. Commissioner Seel moved to pass and adopt Ordinance #6025-96 on second and final reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel and Garvey
"Nays": None.
ITEM #22 - Ord. #6026-96 - Annexation for property located at 2730 Curlew Rd., Sec. 17-28-16, M&B 31.03 (Burke, Trustee, A96-16)
The City Attorney presented Ordinance #6026-96 for second reading and read it by title only. Commissioner Hooper moved to pass and adopt Ordinance #6026-96 on second and final reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel and Garvey
"Nays": None.
ITEM #23 - Ord. #6027-96 - RM-8 Zoning for property located at 2730 Curlew Rd., Sec. 17-28-16, M&B 31.03 (Burke, Trustee, A96-16)
The City Attorney presented Ordinance #6027-96 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #6027-96 on second and final reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel and Garvey
"Nays": None.
ITEM #24 - Ord. #6030-96 - providing authority to issue bonds to refund the outstanding Gas System Revenue Bonds, Series 1991
The City Attorney presented Ordinance #6030-96 for second reading and read it by title only. Commissioner Clark moved to pass and adopt Ordinance #6030-96 on second and final reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel and Garvey
"Nays": None.
ITEM #25 - Ord. #6031-96 - Amending Sec. 2.323 to change composition of Parks and Recreation Board from 9 to 7 members
The City Attorney presented Ordinance #6031-96 for second reading and read it by title only. Commissioner Hooper moved to pass and adopt Ordinance #6031-96 on second and final reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel and Garvey
"Nays": None.
ITEM #26 - Ord. #6047-96 - Amending Sec. 2.700 re lobbyist ordinance to delete department directors from definition of staff
The City Attorney presented Ordinance #6047-96 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #6047-96 on second and final reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel and Garvey
"Nays": None.
CITY MANAGER REPORTS
CONSENT AGENDA (Items #27-42) - Approved as submitted
ITEM #27 - Approve request for authority to settle liability claim of Spottis Woode Homeowners Association, Inc., for damages to a brick wall that was damaged when struck by a City solid
waste vehicle, for $27,859 (FN)
ITEM #28 - Pipeline Crossing Agreement with CSX Transportation, Inc., Jacksonville, FL, to secure a natural gas easement across CSXT’s right-of-way in Safety Harbor, FL, for $1,225 (GAS)
ITEM #29 - Seventh Amendment to Clearwater Ferry Service, Inc. License & Agreement to amend the minimum routing schedule to have operation of ferry service on an as-need and on-call
basis (MR)
ITEM #30 - Purchase of City-wide dictation system from Dictaphone Corp., for $33,158.30; authorize transfer of $33,158.30 from Police Department Debt Services Code to Police Department
Capital Machinery and Equipment Code (PD)
ITEM #31 - Contract Renewal with Martin’s Uniforms, Tampa, FL, for purchase of Police Dept. uniforms & related equipment, for the period 07/18/96 -07/17/97, at an amount not to exceed
$85,000 (PD)
ITEM #32 - Contract amendment with PSI International, Inc., Fairfax, VA, for purchase of 66 additional Fujitsu laptop personal computers & related components for $297,726; and Contract
to Dell Computer Corporation for 30 Dell desktop personal computers & related components, for $75,111, plus annual maintenance of $31,848 to begin 1 year following acceptance, for a
total of $404,685 (PD)
ITEM #33 - Contract for private street sweeping services to Sweeping Corporation of America, Nashville, TN, for the period 10/01/96 -09/30/99, subject to annual fund availability, for
a total of $383,940 (PW)
ITEM #34 - Second Amendment to Lease Agreement dated 12/02/94 with the Times Publishing Company, amending lease premises to include additional lands in Blk B, Magnolia Park Sub., requiring
protective fencing for a storage building, but no additional monthly rent; and extending lease term 3 months through 03/31/97, with all other lease provisions unchanged (EN)
ITEM #35 - C.O.#3 to 1996 Underdrain Contract to Keystone Excavators, Inc., Oldsmar, FL, re Chestnut Street & Garden Avenue Storm Improvements, increasing the amount by $138,975.09 for
a new total of $759,625.97 and extending the contract time by 40 days (EN)
ITEM #36 - Approve ranking & award contract for consultant services to Tampa Bay Engineering, Inc., Clearwater, FL, for design of watershed rehabilitation project at Hercules Avenue
& Allen’s Creek, for $200,000 (EN)
ITEM #37 - Receipt/Referral - LDCA relating to density and the requirements for calculations resulting in a fraction (LDCA96-14) (CP)
ITEM #38 - Receipt/Referral - LDCA allowing car rental uses as a conditional use in the Beach Commercial & Resort Commercial 28 Districts; identifying standards for approval of car
rental uses in those zones, specifying that conditional use applications for outdoor displays must be compatible in scale & appearance with surrounding uses to be approved, and deleting
requirement for a minimum lot size of 30,000 sq. ft. for outdoor retail sales, displays and/or storage uses in Infill Commercial Districts (LDCA96-13) (CP)
ITEM #39 - Sanitary sewer lien agreement - 2275 N. Manor Blvd., Clearwater Manor Sub., Lot 85 (McClure) (CA)
ITEM #40 - Drainage installation and maintenance easement - 14 S. Arcturas Ave., Skycrest Sub., Unit 6, Blk A, Lot 4 (Wesley and Louise Pope) (CA)
ITEM #41 - 10’ Natural Gas Utility Easement and Ingress and Egress Easement - 3160 McMullen Booth Rd., tract of land lying in Sec. 21-28-16 (McCullough Development Corporation) (CA)
ITEM #42 - 10’ Natural Gas Utility Easement and Ingress and Egress Easement - 3160 McMullen Booth Rd., tract of land lying in Sec. 21-28-16 (James & Marlene McCullough) (CA)
Commissioner Clark moved to approve the Consent Agenda as submitted 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 #43 - Res. #96-29 - releasing liens on Sand Key properties that have prepaid the Power Line Burial Special Assessment in full, at a cost not to exceed $2,500 (FN)
The City established the City of Clearwater Special Assessment District #95-01 which includes all Sand Key properties. Per Resolution #95-70, the City levied special assessments for
power line burial and streetlight replacement. The assessments were recorded in the Public Records of Pinellas County, Official Record Book 9193, Page 1717. The City offered a prepayment
option to property owners that provided a 20% discount equivalent to estimated debt service on the assessment principal. Approximately 70% of the property owners chose the prepayment
option and have paid the assessment in full, resulting in $688,915 of assessment collections. Adoption of this resolution will allow the City to record the release of lien with the
property appraiser, tax collector, and the Florida Department of Revenue.
Commissioner Hooper moved to release liens on Sand Key properties that have prepaid the referenced assessment in full at a cost not to exceed $2,500 and that the appropriate officials
be authorized to execute same. The motion was duly seconded and carried unanimously.
The City Attorney presented Resolution #96-29 and read it by title only. Commissioner Hooper moved to pass and adopt Resolution #96-29 and authorize the appropriate officials to execute
same. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel and Garvey
"Nays": None.
ITEM #44 - Res. #96-44 - providing for public sale of not to exceed $9,750,000 Gas System Revenue Bonds, Series 1996A and $8,500,000 Gas System Revenue Refunding Bonds, Series 1996B
(FN)
Gas System Revenue Bonds, Series 1996A, for $9.75-million will accommodate the continuing expansion of the Gas System into Pasco and Pinellas counties. The receipt of the bond proceeds
from this issue will be used in part to reimburse the City for expenditures that previously have been authorized and expended.
Gas System Revenue Bonds, Series 1996B, for $8.5-million will be used to refinance the 1991 Gas System Revenue Bonds at a present value saving in excess of 4%. This series of bonds
will not be issued if the 4% savings is not going to be realized. These bonds will be sold through competitive public sale scheduled for June 27, 1996, at 11:00 a.m. These bonds will
be repaid over 30 years. A pledge of Gas System revenues will be used to secure payment of the principal and interest on the bonds.
Adoption of this resolution authorizes the public sale and award of the bonds to the bidder(s) offering such interest rate(s) and purchase price(s) that will produce the lowest true
interest cost to the City over the life of the bonds. This resolution authorizes the City Manager and Finance Director to award the sales of the bonds. Included with this resolution
are several exhibits that cannot be finalized until just before the Commission meeting date due to pricing considerations and market conditions. Final exhibits will be distributed as
soon as possible.
Finance Director Margie Simmons distributed copies of the commitments of the winning bidder, AMBAC Indemnity Corporation, a Wisconsin Stock Insurance Company.
Commissioner Hooper moved to approve the public sale of not to exceed $9.75-million Gas System Revenue bonds, Series 1996A, and $8.5-million Gas System Revenue Refunding Bonds, Series
1996B and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously.
The City Attorney presented Resolution #96-44 and read it by title only. Commissioner Johnson moved to pass and adopt Resolution #96-44 and authorize the appropriate officials to execute
same. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel and Garvey
"Nays": None.
ITEM #45 - First Reading Ord. #6048-96 - relating to sale of petroleum products; amending Sec. 33.031 to identify locations for sale of petroleum products at Clearwater Marina; allowing
only fully qualified vendor, approved by City Manager and under an annual fuel contract with the City, to provide petroleum products sold at Clearwater Marina (MR)
Outside fuel vendors have questioned the locations where petroleum products are sold at Clearwater Municipal Marina. Changes to Section 33.031, of the code of Ordinance, identifies
the locations where petroleum products are sold as the Marina fuel dock at the Southeast end of the marina and the commercial fuel dock on the seawall at the East end of the marina.
Identifying the locations where petroleum products are sold at Clearwater Municipal Marina in the City code will clear up any confusion on the part of outside fuel vendors who are not
under an annual fuel contract with the City. Only a fully qualified fuel vendor approved by the City Manager and under an annual fuel contract with the City shall provide petroleum
products sold at Clearwater Marina.
In answer to a question, the City Manager reported the City is the qualified vendor at the City marina.
Commissioner Clark moved to approve the amendment to City Code, Section 33.031 to designate locations for sale of petroleum products at Clearwater Marina and allow only fully qualified
fuel vendor, approved by the City Manager and under an annual fuel contract with the City, to provide all petroleum products sold at Clearwater Marina and that the appropriate officials
be authorized to execute same. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #6048-96 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance #6048-96 on first reading. The motion was duly
seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel and Garvey.
"Nays": None.
ITEM #46 - (Cont'd from 05/16/96) Hire 2 full-time police service technicians to provide guard service for the Main Library & surrounding Coachman Park area for 70 hours per week, to
be effective 08/15/96, when contract with National Building Maintenance, Inc. expires (LIB)
Since 1991, National Building Maintenance, Inc. has provided 46 hours per week of security guard services for the Main Library, at an annual cost of $15,840. The guards do not have
the police training or radio access provided by Clearwater's uniformed police technicians. The Clearwater Police Department hires and trains Police service technicians. Their training
and radio contact will provide more professional and efficient responses to problems caused by library customers, street people, and Coachman Park visitors.
Current annual cost for the two positions is $50,377.88, including benefits. Salary and benefit costs for the three pay periods remaining in 1995/96 will be $5,813 plus $1,200 for
two sets of uniforms and $5,500 for two rechargeable radios.
Commissioner Seel expressed concern regarding the increased cost resulting from this proposal. Commissioner Clark concurred. In light of plans for additional police coverage in downtown,
he agreed with Commissioner Seel's recommendation to meet the library's needs by hiring another security company.
The Mayor said she continues to hear about problems at the Main Library. She supported the proposal, stating the PSTs (Police Service Technicians) will be trained to deal with problems.
Commissioner Johnson said he did not want to spend additional funds either but noted the Chief of Police and Library Director made this recommendation. He pointed out the Library had
tried other security companies but did not find them effective. Commissioner Clark said he had not heard of a plan to address problems which occur outside the Library. Commissioner
Seel suggested providing security company guards with radios. Commissioner Hooper opposed that recommendation. He noted City radios have emergency buttons that allow the dispatcher
to identify the caller without voice communication.
Police Chief Sid Klein said the PSTs will wear police uniforms, carry radios, and be trained. He suggested considering the whole picture and noted the advantage of a police
presence in Coachman Park. The Mayor noted the proposed bicycle patrol will not focus on Coachman Park. Commissioner Seel said if the problem is serious, armed police officers with
arrest powers should patrol the park. The Mayor said it is not that serious but supported trained personnel patrolling the park. In answer to a question, Chief Klein reported the Library
issued 109 calls for service in the last six months. Commissioner Clark noted three key City facilities are located in that area. Chief Klein said a grant approved to provide the Soup
Kitchen and Homeless Shelter with Police Officers cannot be used to guard Coachman Park and the Library. Commissioner Hooper suggested readdressing this issue after the homeless shelter
is constructed. Chief Klein said if these positions are not required in the future, they can be eliminated through attrition.
Commissioner Johnson moved to approve hiring two full-time police service technicians to provide guard service for the Main Library and surrounding Coachman Park area for 70 hours per
week, to be effective August 15, 1996, when the contract with National Building Maintenance, Inc. expires, and that the appropriate officials be authorized to execute same. The motion
was duly seconded. Commissioners Johnson and Hooper and Mayor Garvey voted "Aye"; Commissioners Clark and Seel voted "Nay." Motion carried.
ITEM #47 - Completion of Harborview Center: approve $498,000 expenditure needed for completion of redefined center, and consider itemized list of possible betterments which, if approved
in its entirety, will require an additional authorization of $266,500; approve interfund loan of $498,000 (or $764,500 with betterments) from Central Insurance Fund, bearing interest
at cash pool rate, to be repaid from Penny for Pinellas collections in FY 1999 (CM)
Upon the September 1994 completion of the second-floor renovation of the former Maas Brothers Department store to establish a Stein Mart store, the Commission directed staff to proceed
with constructing a first-floor exhibit hall and third-floor conference center; and to seek prospective restaurateurs who would build, at their own expense, a 5,000 square foot first-floor
restaurant and a 10,000 square foot third-floor restaurant.
City recruitment efforts resulted in no restaurateur interest in paying the total cost of improvements or in establishments of that size. The City Commission authorized negotiations
that resulted in the 2,500 square foot Pickles Plus lease for the first-floor. In the Pickles Plus lease, the City pays all "shell" (infrastructure) costs. Pickles Plus pays all "finish"
costs above $100,000 and, over the first two lease terms, will reimburse the City for paying the first $100,000 of the "finish" costs.
The third-floor, formal restaurant was intended to be leased with a similarly structured agreement whereby the City would pay $150,000 for the "shell." The restaurant would pay all
"finish" costs above $300,000 and reimburse the City for paying the first $300,000 of "finish" costs. As the third-floor restaurant also would handle the conference center catering,
it had been indicated the "finish" work to construct a kitchen capable of producing 1,000 dinners would exceed $300,000.
The City Commission also had allotted $150,000 for a "food handling room" between the kitchen and meeting rooms to stage and store food. After the "Bistro" restaurant stated their
kitchen would be incapable of catering the conference center, the City Commission felt the proposed Bistro lease was financially unattractive. After GFS (Globe Facility Services, Inc.)
provided a pro forma indicating the 5,000 square foot, third-floor restaurant would be more beneficial to the City as a "Clearwater Room," the City Commission rejected the Bistro lease
and directed staff to convert the third-floor restaurant into a rentable "Clearwater Room," and to expand and convert the food handling room into a banquet kitchen equipped to prepare
1,000 dinners.
In the short term, this decision made the City responsible for establishing a fully equipped catering kitchen with funds originally identified as a partial payment toward improvements
to be financed mostly by a "restaurant." The redefined project also requires the rearrangement of restrooms, walls, fixtures, mechanical, etc. An additional $498,000 is necessary for
the proposed project scope change.
Additional optional project considerations for upgrades, betterments, or expanded scope totaling $266,500 include: 1) $25,000 to upgrade the Clearwater Room with chandelier light fixtures,
wood trim, and upgraded carpet; 2) $27,000 to convert a portion of the first-floor "back of house" catering area for food and drink storage to supplement the banquet kitchen; 3) $120,000
for a mobile kitchen and related serving equipment; 4) $55,000 for a two-side marquee sign; 5) $19,000 to upgrade and activate the elevator connecting first-floor exhibits with the third-floor
conference room midway on the South wall; 6) $3,000 to repair the third-floor (Southwest) men's room; 7) $2,500 to improve fire stair hardware; 8) $6,000 for an entrance canopy to the
Atrium; 8) $2,500 to stripe the parking deck; and 9) $6,500 for the Parks & Recreation Department to landscape the parking deck with plants in large pots.
If further funding is denied, the Clearwater Room can be completed but the catering kitchen will remain a shell. If the catering kitchen is structurally completed, it will be without
equipment and the Clearwater Room will not be completed.
The City Manager reported the representative for the "Bistro," Clearwater on the Bluff, has requested postponement of this item. The Mayor noted the item addresses finishing the Harborview
Center facility, not a restaurant facility. The City Manager reported the area originally set aside for a third floor restaurant was significantly reduced. Commissioner Hooper noted
the number of third floor restrooms also was reduced. Dean Rowe, of Rowe Architects, Inc., agreed. He said requirements for a separate restaurant differ from those for a banquet room
that is part of a total facility. He said at this point, it would be problematic to accommodate a restaurant as that would require a two-hour fire wall and separate restroom facilities
requiring significant space.
Consensus was to continue with the item despite the representative's request.
Commissioner Clark referred to a June 4, 1996, letter to Assistant City Manager Bill Baker from Mr. Rowe and questioned who substituted the Clearwater Room for the third floor restaurant
in November 1995. Mr. Baker said the City Commission had approved a conceptual agreement with the restaurant but could not reach agreement with the restaurant regarding a finished product.
On November 16, 1996, the City Commission did not approve the restaurant's offer and instructed staff to convert the space to the Clearwater Room.
Commissioner Seel questioned why restaurant negotiations failed. Ms. Rice said the City Commission had indicated they wanted a deal similar to the one already reached with Pickles
Plus. She reported two weeks later, the City Commission changed their direction,
reducing the length of the lease and requiring the restaurant to provide furniture, etc. The restaurant disagreed with the City's definition of "finished space." Staff came to the
City Commission, indicating an inability to reach agreement with the restaurant, recommending a change in direction regarding the third floor. No clear estimate of cost was presented.
Commissioner Seel questioned why not. Ms. Rice indicated the space had not yet been designed. Commissioner Seel noted the original document estimated the restaurant shell would cost
$150,000 and improvements would cost $300,000. Ms. Rice said the restaurant indicated they expected a greater investment by the City.
Commissioner Johnson questioned where the money is that Commissioner Thomas moved to approve in September 1995, to complete the Harborview Center. Mr. Rowe said he had little input
regarding constructing the catering kitchen. His company had delayed designing the restaurant until the City had a contract. He noted a restaurant requires a separate electrical supply
and air-conditioning units and its design includes many variables such as the use of gas, etc. He said the infrastructure budget of $300,000 was for leasehold improvements. From the
beginning, he had assumed that amount would not cover the construction of a restaurant and additional monies would be needed. The Mayor noted the lease length of three years proposed
by the Commission was too short for a restaurant to recoup their investment. Mr. Rowe stated the cost for Pickles Plus had increased because a restaurant, not a delicatessen, is being
constructed. He said the City had assumed the leaseholder would match the City's investment with additional funds. He reported the banquet kitchen was designed through the bidding
process. Mr. Rowe said the area around the kitchen was reconfigured and the allocated funds were spent. He indicated the kitchen equipment was designed and bid and reported he had
earned 80% of his fee. He only is required to see the equipment is properly installed. He reported the City purchased used kitchen equipment from the former proposed lessee.
Commissioner Johnson expressed concern regarding the substantial size of the current request. He reiterated concern regarding the use of the $300,000 approved in September 1995, for
a restaurant. Commissioner Seel questioned why Rowe Architects, Inc. had little input regarding the catering kitchen and why the recommendation for a catering kitchen and Clearwater
Room was presented to the City Commission without rationale. Commissioner Johnson noted in September 1995, the City Commission also had approved funds for utensils, etc., for use in
the catering kitchen. Mr. Baker said the City has not bought any equipment. Harborview Center General Manager Barry Strafacci said the City Commission had approved funding for FF&E
(furniture, fixtures, & equipment). Money was spent for a public address system but $44,000 has not been spent. In answer to a question, Mr. Baker said he is responsible for the Harborview
Center project.
Commissioner Seel questioned the numbers' accuracy. She requested an explanation of the staff remark at the November 16, 1995, meeting that indicated an expectation that building a
catering kitchen would save $100,000 of the projected $600,000 budget.
Mayor Garvey noted the City Commission had just received paperwork regarding this issue and requested continuing the item. Commissioner Seel will submit her questions in writing.
She expressed concern at not having the full story.
Commissioner Seel moved to continue item #47 and for staff to provide a complete review and accountability of the Harborview Center project. The motion was duly seconded.
Commissioner Clark requested a final number to complete the redevelopment of the Harborview Center. Commissioner Hooper recommended devoting a Work Session to this issue. Mayor Garvey
expressed concern Harborview Center revenues will be harmed if the kitchen and Clearwater Room are not completed. She said the City Commission needs to move forward if the Harborview
Center is to be ready for the season. She said a second issue is accountability. Commissioner Seel requested accurate figures.
Commissioner Johnson expressed concern regarding his remark at a meeting last year specifically stating that appropriation was the last one. He had requested staff come up with a final
figure but noted none was presented. He wondered what happened to the funds he had voted to spend on specific items.
Upon the vote being taken, the motion carried unanimously.
Consensus was to schedule a Special Meeting for June 14, 1996, at 9:00 a.m. followed by a discussion of property issues if the meeting ends before 3:00 p.m.
Commissioner Hooper referred to the letter regarding Clearwater on the Bluff. Mr. Rowe said reducing the size of the proposed third floor restaurant resulted in a problem to separate
restaurant use from the conference center. He offered to meet with each Commissioner.
ITEM #48 - Beautification Committee - 2 appointments (CLK)
Commissioner Johnson moved to appoint Nancy Aft. The motion was duly seconded and carried unanimously.
Commissioner Clark moved to appoint Robert Sudalnik. The motion was duly seconded and carried unanimously.
ITEM #49 - Community Relations Board - 1 appointment (CLK)
Commissioner Seel moved to appoint Johnny Long. The motion was duly seconded and carried unanimously.
ITEM #50 - Other Pending Matters - None
CITY ATTORNEY REPORTS
ITEM #51 - Resolutions
a) Res. #96-41 - Assessing property owners the costs of having mowed or cleared owners’ lots
The City Attorney presented Resolution #96-41 and read it by title only. Commissioner Clark moved to pass and adopt Resolution #96-41 and authorize the appropriate officials to execute
same. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel and Garvey
"Nays": None.
b) Res. #96-43 - Demolition Lien - 705 Pennsylvania Ave., Pine Crest Sub., Blk 7, Lot 9 (Obadiah and Lillie Mae James)
The City Attorney presented Resolution #96-43 and read it by title only. Commissioner Johnson moved to pass and adopt Resolution #96-43 and authorize the appropriate officials to execute
same. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel and Garvey
"Nays": None.
c) Res. #96-46 - Approving in concept a plan to lend $900,000 to the CRA to facilitate the development of a Winn-Dixie Store in a downtown Clearwater location to be owned by Clearwater
Neighborhood Housing Services
Staff is working with CNHS (Clearwater Neighborhood Housing Services) regarding an upcoming project to locate a Winn-Dixie Grocery store downtown. The CRA approved providing a loan
of between $600,000 and $900,000 to address a gap in financing in conjunction with a federal grant for which CNHS has applied. Grants will be awarded to only 30 of 200 applicants.
Chances for approval will improve if the project is supported by a strong financial commitment by the CRA. CNHS, not Winn-Dixie, will own the property.
The Mayor referred to a new set of numbers and questioned if the project is still viable. Ms. Rice said that is the case. She said the City sometimes needs to take a risk. In answer
to a question, she said staff would not bring forward the request if the loan was not collateralized. The Mayor noted this represents an important step for downtown. Ms. Rice said
the store will employ 230 including 80 retained from the Highland Avenue store.
The City Attorney presented Resolution #96-46 and read it by title only. Commissioner Clark moved to pass and adopt Resolution #96-46 and authorize the appropriate officials to execute
same. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Seel and Garvey
"Nays": None.
ITEM #52 - Other City Attorney Items - None.
ITEM #53 - City Manager Verbal Reports
a) Change of Date for Del Oro Park Ribbon Cutting
The City Manager indicated the park's name will not be considered until June which could delay the ribbon cutting until July 1996.
Consensus was to wait for a decision regarding the park's name and to schedule the ribbon cutting later.
b) Florida League of Cities - attendees
The City Manager questioned which Commissioners planned to attend the annual Florida League of Cities meeting scheduled for August 8 - 10, 1996 in Boca Raton. The Mayor encouraged
Commissioners to attend to network and share ideas. Commissioner Seel suggested Commissioners visit redeveloped communities in that area.
c) Legislative Issues
The City Clerk reported a letter has been drafted for the Mayor's signature thanking Governor Chiles for vetoing the property appraisal bill.
Consensus was for the Mayor to sign the letter.
The City Clerk noted public safety concern regarding a federal proposal to sell portions of the radio frequencies' spectrum. Public Safety staff is concerned regarding a lack of these
frequencies in the future and suggested sending a letter to the Federal government recommending against selling the spectrum until after a report on this issue has been finished.
Consensus was to send such a letter.
The City Clerk reported Federal plans to reduce CDBG (Community Development Block Grant) funds by $400-million. The cuts would result in a $100,000 reduction in Clearwater's CDBG funds.
Currently, the City can only fund 19 of 29 requests.
Consensus was to send a letter requesting no cuts in this funding.
ITEM #54 - Other Commission Action
Commissioner Johnson questioned the status of the North Greenwood Community Task Team. Deputy City Manager reported a meeting is scheduled for June 12, 1996, with current members.
Additional names will be brought forward after the meeting.
Commissioner Johnson questioned Clearwater Festivals' request for additional funding. City Manager said that issue will come forward at the next meeting.
Commissioner Johnson congratulated Commissioner Seel on a nice article.
Commissioner Hooper expressed concern only three DCAB (Development Code Adjustment Board) members attended their last meeting.
Commissioner Hooper expressed appreciation for the Safety Luncheon and acknowledged the many employees recognized for their excellent safety records.
Commissioner Clark said he will be unable to attend the FLC conference.
Commissioner Clark welcomed the City Attorney as a new Clearwater resident.
Mayor Garvey announced the Marlo Boulevard meeting will be held at 7:00 p.m. on June 19, 1996, at the Countryside Library.
ITEM #55 - Adjournment
The meeting adjourned at 10:23 p.m.