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09/19/1996 CITY COMMISSION MEETING CITY OF CLEARWATER September 19, 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 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 Father James Rousakis of Greek Orthodox Church of the Holy Trinity. 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 One service award was presented to a City employee. ITEM #4 - Introductions and Awards The Clearwater Gas System presented their award from the Pasco County Committee of 100 naming them 1996 Pasco County Small Business Service Industry of the Year. Citations were presented to the Countryside Majors Softball All-Stars 1996 World Series Winners for 11 and 12 year-olds and their coaches. ITEM #5 - Presentations a) Development Code Adjustment Board - Annual Report Otto Gans, DCAB (Development Code Adjustment Board Chair), reviewed the board's past year's actions on zoning variances and review of proposed ordinances. A Hearing Officer upheld the one decision that was appealed. The board suggested the City Commission return responsibility of hearing sign variances to DCAB. Mr. Gans recognized board members and thanked staff. b) Sunsets at Pier 60 - Bob Hennion - None. ITEM #6 - Approval of Minutes The City Clerk referred to page 13, paragraph 1, sentence 2, and noted both May dates should read "1995," and page 14, paragraph 1, sentence 1, and indicated the name should be spelled "Duane." The Mayor referred to page 2, paragraph 3, and indicated the correcting spelling is "Holm." Commissioner Seel moved to approve the minutes of the regular meeting of September 5, 1996, as corrected. The motion was duly seconded and carried unanimously. ITEM #7 - Citizens to be heard re items not on the Agenda John McGuire reported Hulk Hogan has agreed to help with City efforts regarding the 1998 Olympics to be held in Clearwater's Sister City, Nagano, Japan. Marcus Taylor accused Morton Plant Hospital's laboratory of malpractice, cover-up, and racial prejudice. John Doran invited Commissioners to attend a Clearwater Beach Association town meeting at the Memorial Civic Center on September 25, 1996, at 7:00 p.m.. Mr. Doran also encouraged Clearwater beach residents to sign a petition to bring reclaimed water to Clearwater beach. Joe Evich requested a more in-depth answer to his questions regarding the relocation of water meters. Sheila Cole, Clearwater Homeowner's Association Chair, expressed concern homeowners' liability increases when water meters are moved onto private property. She questioned where the City next plans to relocate water meters. PUBLIC HEARINGS ITEM #8 - Public Hearing & First Reading Ord. #6082-96 - Vacating existing 10’ drainage & utility easement lying along SE side of Lot 12, Forest Wood Estates (David D. & Kathleen Clausen, V96-11)(EN) The applicant wants to construct a swimming pool and screened enclosure in his backyard. The City has no existing or proposed utilities within the subject easement. Utilities have reviewed the proposed request and voiced no objections. City departments, concerned with vacations, reviewed the application and offered no objections. The applicant also requested the Commission allow him to legally add approximately four feet of adjacent property to his ownership. As that subject property does not belong to the City, the Commission cannot address that request. The City Engineer recommends approval of the vacation request. Commissioner Johnson moved to approve the applicant's request to vacate the 10-foot utility easement across the rear of Lot 12, Forest Wood Estates Subdivision. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6082-96 for first reading and read it by title only. Commissioner Hooper moved to pass Ordinance #6082-96 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. #6080-96 & #6081-96 - Annexation & RS-8 Zoning for property located at 1751 Ragland Ave., Clearwater Manor, Lot 73 (Kenneth Schilling / Terence A. & Kelli J. Suiters, A96-25) The applicant has requested annexation and proposed zoning of Single-Family Residential "Eight" for 1751 Ragland Avenue to obtain sewer service. On September 10, 1996, the Planning & Zoning Board unanimously endorsed the request. Commissioner Hooper moved to approve the Petition for Annexation and Zoning Atlas Amendment to Single-Family Residential "Eight" (RS-8) for Lot 73, Clearwater Manor, and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6080-96 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance #6080-96 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 #6081-96 for first reading and read it by title only. Commissioner Johnson moved to pass Ordinance #6081-96 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 - Budget - 1996-97 - Second Reading - Ord. #6086-96 - Declaring millage rate to be levied for FY beginning 10/1/96 and ending 9/30/97, for operation purposes including pensions and debt service, and road maintenance for capital improvement expenditures at 5.1158 mills; providing an effective date, the levy of 5.1158 mills constitutes a 1.21% increase over the rolled back rate of 5.0547 mills (CM) Commissioner Hooper moved to declare the millage rate to be levied for FY (fiscal year) 1996/97. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6086-96 for second reading and read it by title only. Commissioner Seel moved to pass and adopt Ordinance #6086-96 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 #11 - Budget - 1996-97 - Second Reading - Ord. #6087-96 - Adopting an Operating Budget for FY beginning 10/1/96 and ending 9/30/97; authorizing City Manager to issue such instructions necessary to achieve and accomplish the service programs so authorized; authorizing City Manager to transfer moneys and programs among the departments and activities within any fund as provided by Ch. 2 of Code (CM) Commissioner Hooper moved to adopt the Operating Budget for FY 1996/97. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6087-96 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #6087-96 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 #12 - Budget - 1996-97 - Second Reading - Ord. #6088-96 - Adopting the Capital Improvement Program Budget for FY beginning 10/1/96 and ending 9/30/97; approving the six year CIP which shall be reevaluated at the beginning of each fiscal year; authorizing City Manager to issue such instructions necessary to achieve and accomplish the capital improvements so authorized; authorizing City Manager to transfer money between projects in the CIP; appropriating available and anticipated resources for the projects identified (CM) Commissioner Hooper moved to adopt the Capital Improvement Program Budget for FY 1996/97. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6088-96 for second reading and read it by title only. Commissioner Hooper moved to pass and adopt Ordinance #6088-96 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 #13 - Public Hearing - Res. #96-61 - authorizing transmittal of the City’s application for inclusion in the State Sustainable Communities Demonstration Project (statement of interest) The 1996 legislature authorized the DCA (Department of Community Affairs) to initiate a sustainable communities demonstration project. As many as five local governments may be selected to participate. At least three must be located within the South Florida Water Management District. Communities chosen will be of differing sizes and characteristics. The legislature's intent is for the project to further 6 broad principles of sustainability: 1) restoring key ecosystems; 2) limiting urban sprawl; 3) protecting wildlife and natural areas; 4) advancing the efficient use of land and other resources; 5) achieving a cleaner and healthier environment; and 6) creating quality communities and jobs. Staff is interested in pursuing the designation of Clearwater as a sustainable community under this program. Communities that enter into a designation agreement as sustainable communities may receive certain exemptions from State laws regarding local government comprehensive planning. Other regulatory and financial incentives also may be available. Much of Clearwater's work may qualify it for consideration: 1) reclaimed water; 2) recycling; 3) environmental protection; 4) neighborhood planning; 5) redevelopment planning; 6) infill development; 7) identification of key resources; 8) brownfields; 9) economic development; and 10) tourism efforts. To be considered, the City must transmit a statement of interest to the DCA by September 30, 1996. Staff requests the City Commission approve the resolution that authorizes transmittal of the statement of interest. Central Permitting Director Scott Shuford said staff will avoid an unfunded mandate scenario. The City Attorney presented Resolution #96-61 and read it by title only. Commissioner Johnson moved to pass and adopt Resolution #96-61 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 #14 - Public Hearing & First Reading Ord. #6075-96 - revising appointment standards for Planning and Zoning & Development Code Adjustment Boards (LDCA96-16) The City Commission had directed staff to make code amendments to broaden the Commission's ability to make appointments to the Planning & Zoning and Development Code Adjustment Boards. Both boards reviewed and approved this ordinance. Commissioner Johnson moved to approve the proposed Land Development Code Amendment revising appointment standards for the Planning & Zoning and Development Code Adjustment Boards. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6075-96 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance #6075-96 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 Ord. #6076-96 - Amending Secs. 40.034, 40.043, 40.064, 40.084, 40.104 & 41.053 to allow noncommercial parking as a conditional use in single family residential districts (LDCA96-12) Non commercial parking is parking associated with an adjoining nonresidential use for which there is no charge. The City does not permit noncommercial parking in single-family residential zoning districts. This has caused some permitting delays for additions to institutional uses such as churches and hospitals and has limited redevelopment options for constrained commercial properties such as the FINA station on Gulf-to-Bay Boulevard. Pinellas County permits noncommercial parking in all of its residential zoning districts. The City has limited this use to only multifamily zoning districts. Recent examples of land use plan or zoning changes necessary to accommodate parking expansion requests for institutional uses include: 1) Clearwater Community Hospital; 2) Hellenic Orthodox Traditional Church of America; and 3) Mt. Zion United Methodist Church. As proposed, noncommercial parking would be by conditional use permit only. The Planning & Zoning Board would be charged with ensuring compatibility standards and site design requirements are met on a case-by-case basis. On August 20, 1996, the Planning & Zoning Board unanimously approved this code amendment. Mr. Shuford said some commercial properties need added room and redevelopment needs flexibility. Conditions for site lighting, extra walls, landscaping, etc., address concerns regarding effects on residential areas. Pinellas County allows noncommercial parking in residential zoning districts.. Commissioner Seel expressed concern regarding potential impacts on neighborhoods and recommended the City Commission hear these requests. The Mayor believed all conditional uses impact neighborhoods and the Commission is careful when appointing members to the Planning & Zoning Board. Sheila Cole, Chair of the Clearwater Homeowners Association, expressed concern noncommercial parking will intrude into residential neighborhoods. The City Attorney reported the Commission would have to hear conditional use requests in a quasi-judicial capacity. The majority felt the Planning & Zoning Board should continue hearing all conditional use requests. Commissioner Clark moved to approve the proposed Land Development Code Amendment permitting noncommercial parking in Single-Family Residential Districts as a Conditional Use. The motion was duly seconded. Commissioners Johnson, Clark and Hooper and Mayor Garvey voted "Aye"; Commissioner Seel voted "Nay." Motion carried. The City Attorney presented Ordinance #6076-96 for first reading and read it by title only. Commissioner Hooper moved to pass Ordinance #6076-96 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper and Garvey. "Nays": Seel. Motion carried. ITEM #16 - Public Hearing & First Reading Ord. #6071-96 - Amending Comprehensive Plan including amendments to future land use element as required by F.S.163, related to the Public Education Facility Siting Act On July 18, 1996, the City Commission received the amendment to the Comprehensive Plan addressing public education facilities in certain land use categories. The requirement for the School Board to hold necessary Public Hearings for school sitings is Included in the amendment. This ordinance amends the Comprehensive Plan associated with public education facilities sitings as required by State law. Staff recommends the City Commission adopt at second reading a resolution authorizing staff to transmit the amendment to the appropriate agencies. Staff will bring the related amendment to the Land Development Code and the Interlocal Agreement to the City Commission in the near future. On August 20, 1996, the Planning & Zoning Board unanimously endorsed the amendment. Commissioner Johnson moved to approve the amendment to the Clearwater Comprehensive Plan related to Public Education Facilities and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6071-96 for first reading and read it by title only. Commissioner Seel moved to pass Ordinance #6071-96 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 #17 - Public Hearing & First Reading Ords. #6078-96 & #6079-96 - Land Use Plan Amendment to Institutional & P/SP Zoning for property located at 1331 Cleveland St., Brookwood Terrace Revised, Blk 6, Lots 3-8, part of Lots 1 & 2, Lots 9-13 and N½ vacated street (Jami Al Salam Inc., LUP96-05, Z96-10) The City Manager requested this item be continued as the Planning & Zoning Board has continued this item to their October 1, 1996, meeting. Commissioner Hooper moved to continue Item #17 until October 17, 1996. The motion was duly seconded and carried unanimously. Public Hearing - Second Reading Ordinances ITEM #18 - Ord. #6089-96 - Amending Operating Budget for FY ending 9/30/96 to reflect increases and decreases in revenues and expenditures for the General Fund, Special Development Fund, Special Program Fund, Water and Sewer Fund, Gas Fund, Solid Waste Fund, Stormwater Utility Fund, Recycling Fund, Parking Fund, Pier 60 Fund, General Services Fund, Garage Fund, Central Insurance Fund, and Administrative Services Fund The City Attorney presented Ordinance #6089-96 for second reading and read it by title only. Commissioner Hooper moved to pass and adopt Ordinance #6089-96 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. #6090-96 - Amending the Capital Improvement Program Report and Budget for FY ending 9/30/96 to reflect an increase in budget expenditures to expand the scope of projects in the functional categories of Fire Protection, Intersections, Garage, City Hall Annex, Miscellaneous, Stormwater Utility, and Gas System, and to reflect a decrease in budget expenditures to reduce the scope of projects in the functional categories of Park Development, Marine Facilities, and City Hall, for a net increase of $2,929,572 The City Attorney presented Ordinance #6090-96 for second reading and read it by title only. Commissioner Clark moved to pass and adopt Ordinance #6090-96 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. The City Manager thanked Budget Director Tina Wilson and her staff for their efforts in preparing the 1996/97 budget and amendments to the 1995/96 budget. ITEM #20 - (Cont. from 9/5/96) Ord. #6074-96 - Amending Art. 1 of Ch. 28, to create Sec. 28.11 to prohibit a person from using skateboards, roller skates, in-line skates, coasters and other similar devices in specified locations Tom Sehlhorst said residents have suffered for 20 year under anti-fun ordinances. The City Attorney said no ordinance forbids skating in City parks. Al Sakey said resort communities should be fun and without restrictions. He felt City ordinances are sufficient to address occasional damage caused by skateboarders. He opposed a skateboard park and recommended the City Commission table this legislation. In response to a question, the City Attorney said Item #20 would prohibit skateboarding on downtown streets and sidewalks and where property is posted. The ordinance proposed in Item #21 allows property owners to post their property but does not forbid skateboarding on downtown streets or sidewalks. Property could be posted anywhere in the City. Ordinance #6098-96 would affect only posted properties and parking garages. Commissioner Clark moved to deny Ordinance #6074-96 on second reading. The motion was duly seconded and carried unanimously. ITEM #21 - Not Public Hearing - First Reading Ord. #6098-96 - Amending Art. 1 of Ch. 28, to create Sec. 28.11 to prohibit a person from using skateboards, roller skates, in-line skates, coasters and other similar devices in specified locations The City Attorney presented Ordinance #6098-96 for first reading and read it by title only. Commissioner Seel questioned if property owners could protect their property without posting it. The City Attorney said posting would provide the most effective protection. Trespassing laws are too broad. Signs would be posted on the property. Commissioner Clark noted complaints regarding skateboarders where no setbacks exist downtown. The City Attorney said signs could be posted on the structure. Engineering Director Rich Baier said lettering on the regulatory signs would have to be at least 2-inches large. The City Attorney noted most damage occurs to steps, ramps, low walls, benches, etc. Commissioner Clark felt the ordinance is not user friendly and suggested waiting until the Pinellas Trail through Clearwater was completed. The Mayor noted the proposed ordinance affects the entire City, not just downtown. Commissioner Clark felt the ordinance will not stop skateboarders from damaging property. In response to a question, the City Attorney said the School Board's ability to post school properties is based on school rules. She did not think property owners who do not post their property would be subject to additional liability. Commissioner Johnson agreed the issue should be addressed after completion of the Pinellas Trail. Commissioner Johnson moved to deny Ordinance #6098-96 on first reading. The motion was duly seconded. In response to a question, the City Attorney said she would recommend posting properties if the City thought a problem existed. In response to a question, the City Attorney felt posting would be helpful in providing additional protection to a property owner. Upon the vote being taken, Commissioners Johnson, Clark and Hooper voted "Aye"; Commissioner Seel and Mayor Garvey voted "Nay.": Motion carried. ITEM #22 - Ord. #6066-96 - Land Use Plan Amendment to Preservation for property located at 20162 US 19N, Sec. 18-29-16, part of M&B 44.04, Sever Park, part of Lot 3 (Asa & Katherine Lewis, LUP96-04) The City Attorney presented Ordinance #6066-96 for second reading and read it by title only. Commissioner Clark moved to pass and adopt Ordinance #6066-96 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. #6067-96 - Preservation Zoning for property located at 20162 US 19N, Sec. 18-29-16, part of M&B 44.04, Sever Park, part of Lot 3 (Asa & Katherine Lewis, Z96-07) The City Attorney presented Ordinance #6067-96 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #6067-96 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. #6072-96 - Annexation for property located at 1460 Sunset Point Rd., Sunset Highlands Unit 2, Lot 11 (Rawlings, TRE, A96-24) The City Attorney presented Ordinance #6072-96 for second reading and read it by title only. Commissioner Hooper moved to pass and adopt Ordinance #6072-96 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. #6073-96 - RS-8 Zoning for property located at 1460 Sunset Point Rd., Sunset Highlands Unit 2, Lot 11 (Rawlings, TRE, A96-24) The City Attorney presented Ordinance #6073-96 for second reading and read it by title only. Commissioner Hooper moved to pass and adopt Ordinance #6073-96 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 #26-39) - Approved as submitted less #28 and #36 ITEM #26 - Lease renewal with Albert & Linda Guy for property located at 1000 Vine Avenue, Jurgens Addition to Clearwater, Blk E, part of Lot 10, for CRT North Greenwood Neighborhood Office, for the period 10/01/96 -09/30/97, for $4,800 ($400 per month) (CRT) ITEM #27 - Purchase of property, casualty, liability, worker’s compensation, & flood insurance coverage for FY 1996/97, in an amount not to exceed $900,000 (FN) ITEM #28 - See Page 12. ITEM #29 - Extend contract for mental health / substance abuse coverage with Professional Psychological Services (PPS), Clearwater, FL, for the period 01/01/97-12/31/97, at an estimated $167,428.80 (HR) ITEM #30 - U.S. Coast Guard Lease for Marina Building room 26, for a 5 year period, with annual renewals through 9/30/01, for $11,400 (MR) ITEM #31 - Lease Agreement with Daystar Properties, Inc., for premises located at 1217A N. Ft. Harrison Ave., for the period 10/01/96 -09/30/99, at an annual rental of $6,600 (PD) ITEM #32 - Lease Agreement with Sgt. Allen Moore Community Partnership, Inc., for 1996 Ford Econoline 15 Passenger Club Wagon, for 1 year commencing 09/20/96, renewable for up to additional 4 years, at annual payment of $1 (PD) ITEM #33 - Purchase Order to secure double detector check valve assemblies through a City of Tampa contract with Davis Meter and Supply, Tampa, FL, for the period 09/20/96-08/14/97, at a total estimated $61,525 (PW) ITEM #34 - License Agreement for r-o-w with Sun Country Cleaners, Inc., for portion of Lots 6-10, Blk C, Coachman Heights Sub., for 5 years, with initial year license fee of $1,020 if paid at $85 per month; or at Licensee’s option, a single annual advance payment of $960 plus applicable sales taxes, adjusting upward 4% annually, having option to extend for 3 additional 5 year terms (EN) ITEM #35 - Supplemental Agreement #9 to consultant services agreement (re Clearwater Pass Bridge) with David Volkert & Associates, Inc., providing for preparation of Record Drawings and providing redistribution of approved payment amounts in Phase II of the agreement with no increase to the agreement amount (EN) ITEM #36 - See below. ITEM #37 - Receipt/Referral - LDCA to amend Sec. 41.221 to allow Outdoor Cafes in the P/SP and Open Space/Recreation Zoning Districts on Clearwater Beach (LDCA96-20)(CP) ITEM #38 - Commission Policies (BD-13 & LD-14) to restrict Advisory Board member display of campaign materials at board meetings & establishing procedure for conversions of Mobile Home Parks (CLK) ITEM #39 - Appoint Commissioner Seel as National League of Cities voting delegate and Commissioner Johnson as alternate Commissioner Hooper moved to approve the Consent Agenda as submitted less Item #28 and #36 and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #28 - Approve recommendations of Technical Review Committee for allocation of $38,000 in additional City social service funds which were approved by the Commission during budget hearings (HM) Commissioner Clark requested continuing Item #28 until additional questions are answered. Commissioner Seel moved to continue Item #28 until October 3, 1996. The motion was duly seconded Commissioner Hooper questioned if the delay would adversely affect anyone. The City Manager did not think that would be the case. Upon the vote being taken, the motion carried unanimously. ITEM #36 - Contract for parking attendant services at Pier 60 & S. Gulfview parking lots to Central Parking System of Florida, Inc., Tampa, FL, for the period 10/1/96 -09/30/99, for $802,158 (EN) Attendant parking began at Pier 60 in April 1990 and at the two South Gulfview lots in March 1993. On August 15, 1996, the City received bids for parking attendant services for these 718 spaces. Central Parking System of Florida, Inc. submitted the low bid of $802,158 ($22,282.17/month). Republic Parking Systems has provided attendant parking services since its inception. Since October 1, 1993, their rate has been $21,717.50/month. The recommended contract reflects a 2.6% increase. Annualize revenue per parking space for attendant parking is $1,425. Total annual revenue for the 3 beach lots is $1,023,000. It is estimated having City employees provide this service would cost 25% more than Central Parking system's bid. In response to a question, the City Manager said the bid protest was denied at the 2nd level because the appeal lacked merit and its filing was not timely. She said attendant parking annual net costs are $39 more than meter parking. In answer to a question, the City Manager said Central Parking System guarantees their rates in their signed contract. Mr. Baier said several bidders bid a single price for all three years. The City Manager said all City contracts include a 90-day cancellation clause. Commissioner Johnson moved to award a contract for parking attendant services at the Pier 60 and S. Gulfview parking lots for the period 10/01/96 to 03/30/99 to Central Parking System of Florida, Inc., Tampa, Florida, at a cost of $802,158 which is the lowest most responsive bid submitted in August 1996, in accordance with the specifications, 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 #40 - Res. #96-60 - amending Res. #96-25 which established the SHIP (State Housing Incentives Partnership) Local Housing Assistance Plan for State Fiscal Year 1996/97 (ED) On April 18, 1996, the City Commission adopted Resolution #96-25 establishing the 1996/97 SHIP (State Housing Initiatives Partnership) Local Housing Assistance Plan which indicates 10% of the $572,384 SHIP allocation will be used for administrative expenses. Section 420.9075(6), Florida Statutes, indicates the City may use 5% of its annual SHIP allocation for administrative expenses. It also states if the City Commission finds, by resolution, that 5% is insufficient to cover administrative costs, the City may take up to 10% for administration. The State requires Resolution #96-25 be amended to reference this statutory requirement. The City Attorney presented Resolution #96-60 and read it by title only. Commissioner Clark moved to pass and adopt Resolution #96-60 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 #41 - Lease Agreement with Jolley Trolley Transportation of Clearwater, Inc., for use of portion of Memorial Civic Center, for the period 10/01/96 -09/30/01, at rental rate of $1 per year (CM) Jolley Trolley Transportation of Clearwater, Inc. (lessee) wishes to use part of the Memorial Civic Center for offices, ticketing, embarking/debarking depot, merchandise sales and display, public information space, and for no other purpose. This 5-year lease is proposed to cost $1 per year. The City will furnish 3 parking spaces at $15 per space per month. The lessee also will pay $163/month for electrical and $155/month for utilities. The City can terminate this lease agreement: 1) for material default by Lessee in performance of any terms, covenants, or conditions of lease agreement; 2) if City determines premises are too damaged to repair practically; 3) if lessee vacates or abandons premises; 4) if City Commission determines building or property is needed for other municipal services; or 5) if the corresponding Jolley Trolley System Funding Agreement between the City and Jolley Trolley is terminated. Commissioner Clark moved to approve the lease agreement between the City and Jolley Trolley Transportation of Clearwater, Inc., for the use of a portion of the Memorial Civic Center, 40 Causeway Boulevard, for a period of 5 years beginning October 1, 1996, and continuing through September 30, 2001, at a rental rate of $1 per year and that the appropriate officials be authorized to execute same. The motion was duly seconded In answer to a question, Al Sakey, Jolley Trolley President, said this agreement does not address tourism assistance. It was suggested the City should decrease their contribution by the amounts charged for electric and utilities and call it even. John Doran said the current funding method results in a little more bookkeeping. Mr. Sakey said the Jolley Trolley is not trying to get out of the requirement for an independent audit. He said the Jolley Trolley pays this expense with the City's contribution and suggested saving that money by having City staff perform the audit. Deputy City Manager Kathy Rice said performing an independent audit would cost the City money. The City Manager said this allows the true cost to be tracked. Mr. Sakey said the Jolley Trolley sends reports quarterly to the City. Upon the vote being taken, the motion carried unanimously. ITEM #42 - Funding Agreement with Jolley Trolley Transportation of Clearwater, Inc., to fund in part the operational costs incurred in providing activities & services authorized by agreement for period 10/01/96 -09/30/01, subject to annual budgetary appropriation approved by the Commission (CM) Subject to annual City Commission approval, the City agrees to fund part of the Jolly Trolley Transportation of Clearwater, Inc.'s operation costs: 1) $199,500 annual amount, payable in 12 equal payments, for trolley service between Clearwater beach and Sand Key; 2) $95,000 annual amount, payable in 12 equal payments, for trolley service between Clearwater beach, Island Estates, and downtown; and 3) $50,000 annual amount, payable in 12 equal payments, toward trolley vehicle maintenance. Funding is subject to City Commission approval of the annual budgetary appropriation. The City must provide the Jolley Trolley with a notice of intent to decrease funding at least 60 days before the beginning of the fiscal year. The Jolley Trolley shall submit their proposed annual budgets to the City Manager by May 31, of each year for approval. Unused funds remaining at the end of the agreement term shall be deemed excess to the intended purpose and returned to the City. Either party can terminate the agreement with 60 days notice of termination after first giving the defaulting party 60 days to cure any default. The City Manager's recommended 1996/97 operating budget includes funding in the General Fund non-department and parking system programs. Commissioner Seel questioned the fund balance listed under liabilities. John Doran said the hybrid accounting reflects an effort to communicate with the government. He said the balance listed under liabilities reflects the difference between the expenses and revenues during the report cycle. Commissioner Johnson moved to approve the funding agreement between the City and Jolley Trolley Transportation of Clearwater, Inc., to fund in part the operational costs incurred in providing the activities and services authorized by the agreement for a period of five years beginning October 1, 1996, and continuing through September 30, 2001, subject to annual budgetary appropriation approved by the City Commission and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #43 - (Cont'd from 08/15/96) Marina Business Plan (MR) In her September 13, 1996, memorandum, the City Manager indicated staff has reexamined the original proposal in the Marina Business Plan for slip increases at the Marina. The original proposal was based on the market survey prepared for the City that indicated many of the Marina's commercial rates were significantly less than rates charged by other public and private facilities. The proposed increases would be: 1) 15% for boats with capacity up to 69 passengers; 2) 30% for large commercial boats with capacity of 70 or more; and 3) 50% for parasail operations. Dock space rental would only be charged the two tenants with more than 200 square feet of office space. The modified rate increase will result in a slightly negative bottom line for the enterprise fund. A reduction in the transfer of planned Capital Improvement Projects could cure the FY 1996/97 operating deficit. The MAB (Marine Advisory Board) recommended the City Commission adopt the Marina Business Plan as originally proposed. The City recently has invested significant resources to upgrade the Marina's facilities and amenities: 1) "tropical seascape" facade and other site improvements; 2) free sewage pump out stations; 3) continuing replacement or repair of docks; 4) install equipment for ADA access to boats; 5) extend lines to larger boats to allow refueling at their docks; and 6) after hours on-site security provided by the City's Police Department. Commissioner Clark stated a member of his family is employed by one of the vessels affected by the proposed increase. Harbormaster Bill Held said staff has reexamined the rates and feels the increases are reasonable. The rates have not increased for 3 years. Commissioner Clark moved to approve the Marina Business Plan. The motion was duly seconded and carried unanimously. ITEM #44 - Res. #96-59 - increasing basic vessel slip rental fees at Clearwater Municipal Marina; First Reading Ord. #6085-96 - to amend Sec. 33.028 to authorize City Manager to approve vessel slip rent increases up to 10% annually (MR) Resolution #96-59 will increase the basic vessel slip rental fees at the Municipal Marina on October 1, 1996: 1) permanent private vessel slip rent will increase to $3.75 per foot per month for Clearwater resident and to $4.25 per foot per month for non- Clearwater resident; 2) Commercial vessel slip rent will increase by 15% for all commercial tenants carrying less than 70 passengers, by 30% for all vessels carrying more than 70 passengers, and by 50% for all parasail vessels; and 3) Transient vessel slip rent will increase to $0.90 per foot per day, $4 per foot per week, and $11 per foot per month. Ordinance #6085-96 amends Section 33.028 of the City code and allows the City Manager to approve vessel slip rent increases up to 10% annually. These resolution and ordinance changes are part of the Marina Business Plan. The City Attorney presented Resolution #96-59 and read it by title only. Ed Armstrong, representative of several Marina tenants, agreed with tonight's recommendation except for the proposed 30% increase for vessels carrying more than 70 passengers. He said the increase will hurt businesses and recommended implementing the increase over two years, at 15% per year. Mr. Armstrong noted other marinas surveyed had free parking. Paul Kelley said the proposed slip rental rates will result in a 68.5% increase in his rent since 1993. If dock charges are adopted, he said his costs will have increased 127% since 1993. He also expressed concern regarding parking restrictions and pointed out the investment by Marina commercial tenants in the tourist industry. Mr. Kelley expressed concern tenants had not been notified regarding the proposed rent increase and recommended lower annual increases. Bill Farr, parasail business owner, questioned the criteria used to classify specialty boats as each vessel is unique. He felt increasing his slip rent by 50%, when his passenger load is down, is gross discrimination. Commissioner Clark questioned the affect of splitting the proposed increase for large boats over two years. Mr. Held said that change would significantly impact the Marina Business Plan and FY 1996/97 budget. A 5% increase is proposed for FY 1997/98. The City Manager noted the Commission is not approving future budgets. Mr. Held said a deficit greater than $3,000 will result from the rates as proposed. Staff can meet that shortage by doing some ramp work repairs in-house and reducing the Capital Improvement Budget. Mr. Held said an agenda had been posted at the Marina regarding the MAB review of the Marina Business Plan. Proposed rate increases had been posted for at least one week. Commissioner Clark expressed concern regarding the proposed increase for the parasail operations. He congratulated staff for going back to the table to discuss the increases. Richard Howard said business on his charter boat has decreased. He opposed the proposed increase and expressed concern regarding boat owners who live outside the City. Mr. Held said the 15% increase is across the board. Kevin Kleinhenz said he was not notified regarding the proposed increase. He felt the size of the increase was a result of poor planning. He said the increase would be detrimental on his business. Commissioner Seel questioned why no increases had occurred in the past 3 years. Mr. Held said he did not recommended increases when the Marina was able to meet its bottom line every year. Commissioner Hooper moved to pass and adopt Resolution #96-59 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Hooper and Garvey "Nays": Clark and Seel Motion carried. The City Attorney presented Ordinance #6085-96 for first reading and read it by title only. Commissioner Johnson moved to pass Ordinance #6085-96 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Hooper and Garvey "Nays": Clark and Seel Motion carried. The Commission recessed from 8:04 to 8:20 p.m. ITEM #45 - Pier 60 Business Plan (MR) The Marine Department administers the Pier 60 enterprise fund. The pier was established as a public service to take advantage of City-owned property and to better serve the fishing community by filling the void for an area fishing facility. The pier cost $2,200,741 to rebuild in April 1994. Features include an air-conditioned bait house, 6 covered pavilions, a free section with telescopes, a professional staff, 24-hour a day services, a snack bar, rest rooms, tide and weather information, and reasonable rates. Mr. Held said the MAB had reviewed the Pier 60 Business Plan, recommending it be changed from an Enterprise Fund to a General Fund. The FRC (Fiscal Review Committee) was comfortable with the business plan after their review. Mr. Held said Pier 60 objectives include: 1) maintain it as a City-operated fishing pier with revenue that meets or exceeds expenditures. Insure the City receives fair market value for its investment. He suggested increasing the number of part-time work hours; 2) increase pier revenue by 5% each year from $290,000 the first year to $352,495 in the plan's last year and insure that expenditures are less than revenues. He said markup of pier merchandise would be adjusted and high turnover merchandise would be maintained; 3) continued operation under the Marine Department. Marina Service Section provides maintenance so pier remains a show piece; 4) provide budgeted funds to insure it is maintained throughout the plan as a General Fund operation; 5) insure it remains competitive with other area fishing piers; 6) continue an extensive marketing and promotion campaign to citizens and tourists and take full advantage of the facility; and 7) continue annual customer service and safety training for all pier employees to insure high standards. The arch and exterior of the baithouse will be painted before the Pier 60 Park grand opening in November 1996. Planned services include installing a bar code scanning device at the cash register for inventory control, and increasing the number of fishing tournaments, including a "kid's" tournament and a fishing tournament for children with disabilities on October 5, 1996. The City is working with the tournament's sponsors. Commissioner Clark moved to approve the 1996 Pier 60 Business Plan. The motion was duly seconded and carried unanimously. ITEM #46 - Lobbyist Contract - establish a ranking and authorize negotiation with top ranked firm (CLK) On July 5, 1996, the City released a RFQ (Request for Qualifications) for lobbyist services, requesting responders provide information demonstrating their capability to be effective lobbyists; their familiarity and working relationship with State agencies; their capability to review pending regulations and laws; their ability to identify impacts on Clearwater, their ability to identify opportunities for the City, and their capability to communicate effectively with the City. Respondents also were requested to submit plans defining the approach they propose to use to assist the City's lobbying efforts, an overview of available personnel, and a basis for computing fees. Information regarding the company history and experience, qualifications of key personnel, references, and a proposed agreement also were requested. Five firms responded. Responses were assessed by the evaluation team: 1) Deputy City Manager Kathy Rice; 2) City Attorney Pam Akin; 3) Central Permitting Director Scott Shuford; 4) Customer Service Manager Kathy Faye Chetoka; and 5) City Clerk Cyndie Goudeau. Evaluation was based on: 1) adequacy of proposal; 2) proposed approach; 3) staff experience; 4) basis of cost; 5) ability to perform; 6) compliance with the RFQ; 7) experience; and 8) references. Four firms were requested to meet with the team. Based on written and verbal presentations, the evaluation team ranked the firms: 1) Smith, Bryan and Myers; 2) Pennington, Culpepper, Moore, Wilkinson, Dunbar and Dunlap; and 3) Holland and Knight. The evaluation team was impressed with Smith, Bryan and Myers' proposed plan for assisting Clearwater. This firm is less likely to have conflicts of interest. If such an occurrence should arise, Smith, Bryan and Myers has specific plans to deal with the situation. Commissioner Johnson noted his preference for Pennington, Culpepper, Moore, Wilkinson, Dunbar and Dunlap. Commissioner Seel also felt Pennington, Culpepper, Moore, Wilkinson, Dunbar and Dunlap would best serve the City. She said Mr. Dunbar lives in Tallahassee and noted the firm is bi-partisan. She liked their team approach. Commissioner Seel moved to establish a ranking of 1) Pennington, Culpepper, Moore, Wilkinson, Dunbar and Dunlap; and 2) Smith, Bryan and Myers; and 3) Holland and Knight and to authorize negotiation of a contract with the top ranked firm. The motion was duly seconded. Commissioner Hooper noted the fee proposed by Pennington, Culpepper, Moore, Wilkinson, Dunbar and Dunlap included a great deal of bridge consideration. He said the firm does effective lobbying and is in the $25,000 range. Upon the vote being taken, the motion carried unanimously. ITEM #47 - Approve ranking of prospective Fixed Base Operators to furnish aviation services at Clearwater Airpark (EN) On April 22, 1996, the City solicited RFPs (Requests for Proposals) for a 5-year lease agreement for a FBO (Fixed Base Operator) to provide aviation services at the Airpark. The City received 4 bid proposals. The staff selection committee included: 1) Engineering Director Rich Baier; 2) Finance Director Margaret Simmons; 3) Internal Audit Director Dan Katsiyannis; 4) Solid Waste Director Bob Brumback; and 5) Engineering Staff Liaison for the Airport Authority, Glen Bahnick. On July 18, 1996, the selection committee determined all candidates met the RFP's minimum qualifications. On August 6, 1996, the candidates made presentations to the selection committee. Each candidate was evaluated: 1) experience; 2) fullness of resources; 3) economic return to the City; and 4) safety. On August 12, 1996, the selection committee finalized rankings: 1) Clearwater Aircraft, Inc.; 2) Clearwater Flying Corporation; 3) D/B/A Armament Systems Company; and 4) Homecare Industries. Staff recommends the Commission approve the selection committee's ranking and authorize negotiations for contractual services in ranking order. The City Manager reported Homecare Industries had withdrawn their bid. Commissioner Johnson did not agree with the proposed ranking. He suggested the Item be continued for further study. The City Manager said the City can continue the contract with the current FBO on a month to month basis. Commissioner Johnson moved to continue Item #47 to October 3, 1996. The motion was duly seconded and carried unanimously. Charles Silcox, Airport Authority Chair, said staff and the Airport Authority had spent many months choosing a FBO. He said concerns expressed regarding Rick Emshoff's business in Tampa had been addressed. He regretted the City Commission's decision to continue this item. Chuck Wilber, Don Hendricks, Wayne Garner, and Bob Gibson reported Mr. Emshoff (Clearwater Aircraft, Inc.) has done a good job running the Airpark and recommended he be retained as the FBO. Commissioner Hooper indicated his reasons for continuing the item were that pages seem to be missing from materials sent to the City Commission and he had not had a chance to review other information. ITEM #48 - Contract for demolition of commercial structures at 10 S. Missouri Ave., & 1165 Cleveland St. to E.L. Trevena, Inc., Pinellas Park, FL, for $154,637 and approve environmental projects costs of $42,648.60 to: Advantage Environmental Services, Inc. ($4,330) on current annual contract with General Services; Lang Engineering of Florida, Inc. ($25,576.80) on current annual contract with University of South Florida; Occupational Health Conservation, Inc. ($3,992) on current annual contract with Pinellas County; $5,750 reserved in case contaminated soil is encountered; $3,000 reserved for disposal of hazardous waste products presently remaining on site; an additional $475.65 included for advertisement of the project, for a total of $197,761.45 (EN) Staff recommends demolishing and removing two commercial structures: 1) 10 S. Missouri Avenue, AKA City Hall Annex. This approximately 70,000 square foot, 2-story structure contains concrete block walls on a concrete foundation with structural steel members and corrugated metal deck roofing system. Total demolition costs are $134,555.37 and 2) 1165 Cleveland Street, AKA Enterprise Car Rental/Stone Buick Body Shop. This approximately 18,000 square foot, single story structure contains concrete block walls on a concrete foundation. All sheds and out buildings also will be razed. Total demolition costs are $14,781.63. Additional demolition costs include $1,800 for project signs and $3,500 for clean fill material. Demolition will remove the building structures and pavement areas. Remaining appurtenances include the Pierce Street pavement, the parking lot South of Pierce Street, existing landscaping and sidewalks along Missouri Avenue and Cleveland Street, and mature trees in existing traffic islands. The site will be finished, graded, and seeded. The fueling station adjacent to Pierce Street will be removed in a future contract by a contractor specializing in fuel tank removal. Project costs include several environmental items: 1) Fluorescent Lamps - Advantage Environmental Services, Inc. will dispose of all mercury containing fluorescent lamps and starter ballasts for $4,330; 2) Asbestos Abatement - FGS, Inc's April 5, 1994, ACM (Asbestos Containing Materials) Survey indicated both structures contain friable ACMs which must be removed prior to demolition. The cost for Lang Engineering of Florida, Inc. to remove the ACMs is $25,576.80 plus $3,992 for required air monitoring by Occupational Health Conservation, Inc.; 3) Soil Contamination - if contaminated soil is encountered during demolition, it is estimated soil screening, preburn analysis, and soil disposal will cost $5,750; 4) Hazardous Waste - disposal of on site hazardous waste products is estimated to cost $3,000; and 5) Project Advertisement is estimated to cost $475.65. The complete project is projected to cost $197,761.45. Demolition will begin about October 1, 1996. The City Manager said concerns regarding the landscaping could be mitigated. Commissioner Clark wanted assurance the site will be covered with grass and not resemble a dirt farm. Mr. Baird said City watering trucks will water the mulch. The City's nursery will use the site as a staging area for larger palms and trees. Commissioner Hooper moved to award a contract for the demolition of commercial structures at 10 S. Missouri Ave., & 1165 Cleveland St. to E.L. Trevena, Inc., Pinellas Park, FL, for $154,637 and approve environmental projects costs of $42,648.60 to: Advantage Environmental Services, Inc. ($4,330) on current annual contract with General Services; Lang Engineering of Florida, Inc. ($25,576.80) on current annual contract with University of South Florida; Occupational Health Conservation, Inc. ($3,992) on current annual contract with Pinellas County; $5,750 reserved in case contaminated soil is encountered; $3,000 reserved for disposal of hazardous waste products presently remaining on site; an additional $475.65 for advertisement of the project, for a total of $197,761.45, which are the lowest most responsive bids received in accordance with plans and specifications, and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #49 - Payment of $19,065 to Post, Buckley, Schuh & Jernigan, Inc., for evaluation of a scaled down version of the Town Lake Project that would be known as the “Cell 2” concept (EN) At the September 10, 1996, Special Meeting, the City Commission considered opportunities to revitalize downtown, including consideration of the Town Lake project. The Commission directed staff to evaluate a scaled down version of the Town Lake project, "Cell 2," located between Greenwood and Myrtle Avenues, North of Court Street and South of Pierce Street. This project element will develop necessary data regarding stormwater attenuation, treatment, banking, aesthetics, etc., to evaluate the ability of the "Cell 2" concept to provide a first step to long-term economic and environmental benefits. The project will: 1) develop a conceptual design for Cell 2"; 2) define required property acquisition; 3) identify expansion issues; 4) assess treatment capacity; 5) allocate credits; 6) establish relative cost estimates; 7) prepare exhibits; and 8) produce a report. The project element will be completed 5 weeks after the notice date to proceed. Total cost to complete this evaluation shall not exceed $19,065. Ed Mazur, of Florida Design Consultants, Inc., said he represented several downtown property owners who are concerned regarding downtown flooding. He proposed a "Town Pond" project. He said the project's goal is to be the catalyst for downtown redevelopment at the lowest cost possible to the taxpayer. He suggested using a method that would design, permit, and construct the required water quality and quantity improvements that address critical downtown redevelopment needs. He said critical needs include: 1) correct downtown flooding problem; 2) provide water quality treatment; and 3) comply with the redevelopment ordinance. Mr. Mazur said the town lake concept is good but suggested scaling the project down to 6½ acres from 20 acres. He felt that size would be sufficient to take care of the first inch of runoff which exceeds current ordinance requirements. He said a consultant could determine if the pond would have sufficient additional capacity to address existing flooding. He estimated the City could recoup $1.5-million to $1.8-million if half of the 150 acre basin is redeveloped @ $8 a square foot. He said property values would increase. Steve Fowler, Greater Clearwater Chamber of Commerce Chair, said the proposed "town pond" would include the current Pierce Street pond, the old Winn Dixie property, the gift shop, a small office building, the old utility building property, and the existing pond at Court and Chestnut. He said most of the proposed property currently is used in the public interest. Richards Tower and the Senior Citizen social building would remain. The City Manager said allowing residents to remain in Richards Tower is a positive component of the plan. Mr. Mazur said the City needs to be the catalyst for redevelopment and correcting downtown flooding problems. He said downtown business owners are concerned nothing will happen. Mr. Baier said the town pond proposal may represent a good fall back position but he recommended the City Commission consider Cell 2. He suggested a consultant review and compare both plans and consider if the town pond proposal accomplishes the original objectives. In response to a question, Mr. Mazur said the "town pond" would address the stormwater needs of 150 acres. Mr. Baier said the subject land runs from Cleveland Street almost to Missouri Avenue. He said a consultant would need to verify if the pond would drain 150 acres. Mr. Mazur felt the proposed plan would meet all water quality needs. Mr. Baier said the pond may meet minimum requirements but would compress or eliminate the amount of time water remains in treatment. In answer to a question, Mr. Mazur said the "town pond" would provide the same amount of retention South of Court Street as proposed in the town lake project. The ponds could be connected with pipes. He said a preliminary cost estimate of the design had not been done. Mr. Baier reported $90,000 remains in the downtown lake project fund. Commissioner Johnson said Clearwater citizens are not interested in financing a downtown lake. He noted the need for the City to address flooding, stormwater runoff, and water quality. He objected to continuing to pay PBS&J (Post, Buckley, Schuh & Jernigan, Inc.) for reports. In response to a question, Mr. Mazur said the pond would eliminate the need for redevelopers to set aside 10% of their property for water treatment. Mr. Baier said staff is researching information requested in Commissioner Clark's memorandum regarding how other large Florida coastal cities address the problem. Commissioner Hooper moved to continue Item #51. The motion was duly seconded. Consensus was for staff to obtain an estimate regarding how much it would cost for PBS&J to compare the town pond project with Cell 2. A funding sources also was requested. Upon the vote being taken, the motion carried unanimously. ITEM #50 - Other Pending Matters - None. CITY ATTORNEY REPORTS ITEM #51 - Resolutions a) Res. #96-62 - Assessing property owners the costs or having mowed or cleared owners’ lots The City Attorney presented Resolution #96-62 and read it by title only. Commissioner Hooper questioned if the City Housing Assistance Corporation is affiliated with the City. The City Attorney said she would have to confirm if that is the case. Commissioner Clark questioned how the City collects funds from the RTC (Resolution Trust Corporation). The City Attorney suggested the City may not be successful. Commissioner Johnson moved to pass and adopt Resolution #96-62 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) Pinellas County Legislative Delegation Breakfast The City Manager reported the City is sponsoring the delegation breakfast on November 12, 1996, before the Delegation's Public Hearing scheduled at the Harborview Center. b) Countryside Recreation Center - Sunday Hours The City Manager said interest has been expressed regarding opening City recreation centers on Sunday. She said the Parks & Recreation Department has estimated a 6-month trial opening of Countryside, Morningside, Martin Luther King, Ross Norton, and Clearwater beach recreation centers on Sundays would cost $17,000. In response to a question, the City Manager said staff would review City policy regarding leasing recreation facilities on Sunday. Commissioner Clark moved to agenda this item for the October 3, 1996, meeting. The motion was duly seconded and carried unanimously. c) Schedule Community Meeting re Edgewater Drive Project The Community Meeting regarding the Edgewater Drive Project was scheduled for November 4, 1996, at 7:00 p.m. at the Lawnbowling Club on Calumet. GTE Franchise Fee The City Manager reported the City received franchise checks from GTE: 1) $50,000 for legal and consulting fees; 2) $50,000 for PEG (Public Education Government) access support; and 3) $67,000 for a Government Access Equipment Grant. She recommended setting aside the $50,000 for legal and consulting fees and the $67,000 for government access equipment to upgrade City Hall technology. Consensus was to set aside $117,000 of the GTE franchise fee to upgrade City Hall technology. Enterprise Florida Dinner Commissioners Hooper and Seel confirmed they will attend the Enterprise Florida Dinner at USF (University of South Florida). Commissioner Clark will call regarding his attendance. Clearwater Bombers Request The City Manager referred to the Clearwater Bomber's request that the City Commission reconsider a $10,000 match. Consensus was to not agenda this item. Insurance Services Office The City Manager said the City's building department received a high rating of 3 from the Insurance Services Office. She said a noted shortcoming was the need for more staff. It was indicated citizens' insurance rates should go down based on this rating. ITEM #54 - Other Commission Action Commissioner Seel questioned why the Countryside Recreation Center could not be leased until January 1997. The City Manager said the Parks & Recreation Department feels they need that time to assure the facility is functioning properly. The City Manager will see if leasing can begin earlier. Commissioner Seel questioned why Court Street is being torn up again. Mr. Baier reported this work on the Stevenson's Creek Project could not be coordinated with FDOT’s (Florida Department of Transportation) project. Commissioner Johnson questioned what is a scenic corridor. Mr. Shuford reported it is a classification in the Countywide rules intended to restrict the intensity of development. Commissioner Hooper congratulated the Colt 45s Softball Team for winning the Championship. He reported the tournament attracted many out of town visitors. Commissioner Hooper thanked the Wood Valley Advisory Board for their complimentary letter regarding Parks & Recreation staff and improvements to the Wood Valley Recreation Center. Commissioner Clark announced an anonymous individual has offered to donate a flag pole for Clearwater Pass Bridge. He requested future capital projects similar to the Clearwater Pass Bridge include a flag pole. Consensus was to accept the flag pole donation. Mayor Garvey questioned if staff could follow up on Florida League of Cities Federal Action Strike Team requests. Commissioner Seel expressed an interest in participating. Staff will contact the League. Mayor Garvey questioned the necessity for the Commission to receive monthly litigation reports. Consensus was to have litigation reports distributed quarterly. Mayor Garvey questioned the status of the Time Warner franchise. Ms. Rice and the City Attorney reported the City is close to agreement with Time Warner. Mayor Garvey stated the show "Know Your Local Government" on Channel 9 now will be broadcast as "City Talk" on C-View TV, Channel 15. ITEM #55 - Adjournment The meeting adjourned at 9:43 p.m.