01/30/1995 (2)
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. COMMISSION
City. Commission Minutes
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ACTION AGENDA - CLEARWATER CITY COMMISSION MEETING
Monday, January 30, 1995. Chambers
following CRA which begins at 9:00 A.M. but 110 later than 10 A.M.
Welcome. We are glad to have you join us. If you wish to speak please wait to be recognized, then
state your llil.!Jlg and address. Persons speaking before the City Commission shall be limited to 3
minutes. 'No person shall speak more than once on the same subject unless granted permission by the
City Commission. ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATION
IN ORDER TO PARTICIPATE IN THIS MEETING, SHOULD CALL 813/462-6684. '
1. Invocation
2. Pledge of Allegiance
3. Service Awards
1. Assistant City Manager William Baker.
2. Mayor.
3. None.
Convene as Pension Trustees - 9:35 a.l11.
Reconvene as Commission - 9:57 a.m.
4. Approval of Minutes - Regular Meeting
January 17, 1995 & Special Meetings of
1/12/95 (strategic planning) & 1/17/95
(attorney/client)
4. Approved 0111 7/95 minutes as corrected.
Approved remainder as submitted.
5. - PRESENTATIONS. None.
,::::J 6. - Citizens to be heard re items not on the Agenda - None.
CITY MANAGER REPORTS
CONSENT AGENDA lItems #7-16} . Approved as submitted less 1116.
The following items require no formal public hearing and are subject to being approved in a single
motion. However, any City Commissioner or the City Manager may remove an item from the Consent
Agenda to allow discussion and voting on the item individually.
7. Purchase of one 1995 Ford 3/4-ton pickup
truck & eleven 1995 Ford 3/4-ton cab &
chassis trucks from Karl Flammer Ford,
Tarpon Springs, FL, for $194,135;
financing to be provided under City's
master lease-purchase agreement with
Barnett Bank of Pinellas County (GS)
8. Purchase of four 1995 Ford '-ton cab &
chassis trucks from Carlisle Ford, St.
Petersburg, FL, for $69,792; financing to
be provided under City's master lease.
purchase agreement with Barnett Bank of
_. 1/30/95
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10.
11.
Pinellas County (GS)
Purchase of four 1995 Ford 4x4 utility
vehicles from Carlisle Ford. St. Petersburg.
FL, for $97,100; financing to be provided
under City's master lease-purchase
agreement with Barnett Bank of Pinellas
County (GS)
No Item.
Purchase of one 199510' walk-in GMC
van and one 1995 12' walk-in GMC van
from Kaiser Pontiac-Buick-GMC. Inc..
Deland, FL, for $46,274.51; financing to be
provided under City's master lease-
purchase agreement with Barnett Bank of
Pinellas County (GS)
Purchase of two 1995 Chevrolet Lumina
vehicles from Jerry Hamm Chevrolet,
Jacksonville, FL, for $29.534; financing to
be provided under City's master lease-
purchase agreement with Barnett Bank of
Pinel/as County (GS)
Purchase of four 1995 Chevrolet Suburban
vehicles from Jerry Hamm Chevrolet,
Jacksonville, FL, for $109 ,9B8; financing to
be provided under City's master lease-
purchase agreement with Barnett Bank of
Pinellas County (GS)
Purchase of two Peterbilt/E-Z Pack front-
loading refuse vehicles and two Peterbilt
Rapid Rail side-loading refuse vehicles from
Peterbilt of Central Florida, Winter Garden,
FL, for $446,600; financing to be provided
under City's master lease-purchase
agreement with Barnett Bank of Pinellas
County (GS)
Contract for construction of sidewalk for
Crest Lake Parl< & Plaza Parl< to Cline
Design Build, Clearwater, FL, for $26,910
(PR)
Agreement with SWFWMD. City of Safety
Harbor & Pinellas County for sharing of
stormwater improvements costs in Mullet &
Bishop Creek Basins, for $60,000 (EN)
16. Approved.
12.
13.
14.
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15.
16.
OTHER ITEMS ON CITY MANAGER REPORT
17. Beach Town Meeting Follow Up * Special
Taxing District for Beach Improvements
1 7. Discussion held.
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24.
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Discussion re Board Appeals
Res. #95-12. authorizing City Manager to
file application for uFlorida Highway
Beautification Grant" from the FDOT for
installation of landscape material on N. Ft.
Harrison Ave. and to enter into required
"Grant" and "Maintenance" Agreements
(PR).
Res. #95-13 - authorizing certain City
officials to sign applications for FOOT
permits (EN)
Beautification Committee - 1 appointment
(CLK)
Planning & Zoning Board. 2 appointments
(CLK)
Parks & Recreation Board - 1 appointment
(CLK)
Other Pending Matters
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18. 6-month trial for alcohol beverage appeals.
No change for other boards.
1 9. Approved.
Res. #95-12 adopted.
20. Approved.
Res. #95~13 adopted.
21. Appointed Carl Long.
22. Reappointed Ed Mazur; appointed Bernie R.
Baron.
23. Appointed Doyce Haggard.
24. Nomination of St. Joseph Sound as a SWIM
Priority Waterbody agendaed for 02/02/95
CITY ATTORNEY REPORTS
25.
Other City Attorney Items
a) Revised Scope of Services. David
Cardwell
b} Discussion - Civil Service Hearing
Officers
26. City Manager Verbal Reports
27. Commission Discussion Items
28. Other Commission Action
"-" 1/30/95
25.
a) Agendaed for 02/02/95.
bl Entire Civil Service issue to be reviewed
Attorney/client session reo DeSantis vs. City
scheduled for 02/16/95 at 5:00 p.m.
26. Scheduling of Strategic Planning Sessions to
be discussed 02/06/95.
27. None.
28. Deeqan displayed Downtown banners to
"Welcome Back Winter Visitors" to be
installed this week.
Fitzgerald expressed concern regarding new
protection regulations of well heads.
Information to be forwarded.
Thomas requested to be advised when the
Memorial Causeway bridge breaks down.
Information on the summer 1995 State
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rehabilitation of the Memorial Causeway
bridge to be forwarded.
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Thomas requested the budget of the
Convention and Visitors' Bureau be
. agendaed for discussion.
Berfield questioned if estimates are available
regarding.the length of time a drawbridge is
anticipated to not work. It was indicated
time cannot be estimated for breakdowns.
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Berfield questioned if Mr. Harper's memo reo
seafood festivals had been forwarded to
beach org.anizers.
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Berfield noted a recent discussion regarding
Second Chance referred to the Lokey
property. She indicated the conditions of
approval she had referred to were for
another Lokey property.
29. Adjournment
29. 2:41 p.m.
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l","-,CONVENE in closed bargaining session
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CITY COMMISSION MEETING
January 30, 1995
The City Commission of the City of Clearwater met in regular session at City Hall,
Monday, January 30. 1995 at 9:03 a.m., with the following members present:
Rita Garvey
Fred A. Thomas
Richard Fitzgerald
Sue A. Berfield
Arthur X. Deegan, II
Also present:
Elizabeth M. Deptula
Kathy S. Rice
William C. Baker
Pamela K. Akin
Scott Shuford
Cynthia E. Goudeau
Patricia Sullivan
Mayor/Commissioner
Vice.Ma yor /C omrnissi oner
Commissioner
Commissioner
Commissioner
City Manager .
Deputy City Manager
Assistant City Manager
City Attorney
Central Permitting Director
City Clerk
Board Reporter
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The Mayor called the meeting to order. The invocation was offered by William C.
Baker, Assistant City Manager. The Mayor led the Pledge of Allegiance.
In order to provide continuity for research. the items will be listed in agenda order although
not necessarily discussed in that order.
ITEM #3 - Service Awards - None.
The Commission recessed to meet as the eRA and Pension Trustees at 9:05 a.m.
The Commission reconvened at 9:57 a.m.
ITEM #4 - Approval of Minutes
Commissioner Barfield referred to sentence one, paragraph three, page 16 of the
January 17, 1995 minutes, stating the word I'to" needs to be added before "allow. I'
Commissioner Deegan moved to approve the minutes of the regular meeting of
January 17, 1995, as corrected and special meetings of January 12, 1995, and January
17, 1995,as recorded and submitted in written summation by the City Clerk to each
Commissioner. The motion was duly seconded and carried unanimously.
ITEM 115 - Presentations
ITEM //6 - Citizens to be heard ra items not on tha Agenda - None.
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CITY MANAGER REPORTS
CONSENT AGENDA (Items #7-16)- less Item 1116
ITEM In - Purchase of one 1995 Ford 3/4~ton oicl<UD trucl< & eleven 1995 Ford 314-ton
cab & chassis trucks from Karl Flammer Ford, Tarpon Springs, FL, for $194,135; financing
to be provided under City's master lease-purchase agreement with Barnett Bank of Pinellas
County (GS)
ITEM 118 - Purchase of four 1995 Ford 1-ton cab & chassis trucl<s from Carlisle Ford, St.
Petersburg, Fl, for $69,792; financing to be. provided under City's master lease-purchase
agreement with Barnett Bank of Pinellas County (GS)
ITEM 119 - Purchase of four 1995 Ford 4x4 utilitv vehicles from Carlisle Ford, St.
Petersburg, FL, for $97,100; financing to be provided under City's master lease~purchase
"
agreement with Barnett Bank of Pinellas County tGS)
ITEM #10 - No Item.
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ITEM #11 ~ Purchase of one 199510' wall{-in GMC van and one 1995 12' walk-In GMC
van from Kaiser Pontiac-Buick-GMC, Inc., Deland, Fl, for $46,274.51; financin.g to be
provided under City's master lease-purchase agreement with Barnett Bank of Pinellas
County (GS)
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ITEM #12 - Purchase of two 1995 Chevrolet Lumina vehicles from Jerry Harnm Chevrolet,
Jacksonville, FL, for $29,534; financing to be provided under City's master lease-purchase
agreement with Barnett Bank of Pinellas County (GSI
ITEM 1113 - Purchase of four 1995 Chevrolet Suburban vehicles from Jerry Hamm
Chevrolet, Jacksonville, FL. for $109.988; financing to be provideq under City's master
lease-purchase agreement with Barnett Bank of Pinellas County (GS)
ITEM 1114 - Purchase of two Peterbilt/E-Z Pacl{ front-Ioadiml refuse vehicles and two
Peterbilt Rapid Rail side-Ioadina refuse vehicles from Peterbilt of Central Florida, Winter
Garden. FL, for $446,600; financing to be provided under City's master lease-purchase
agreement with Barnett Bank of Pinellas County (GS)
ITEM #15 - Contract for construction of sidewall( for Crest Lal(e PorI< & Plaza Parl< to Cline
Design Build, Clearwater, FL, for $26,910 (PRI
ITEM 1116 - See oage 3.
Commissioner Barfield moved to approve tile Consent Agenda as submitted less
Item # 16 and that the appropriate officials be authorized to execute same. The motion
was duly seconded and carried unanimously.
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ITEM #16. Agreement with SWFWMD. City 01 Safety Harbor & Pinellas County for sharing
of stormwater improvements costs in Mullet & Bishop Creek Basins. for $60.000 (EN)
The Mullet and Bishop Creek drainage basins in Safety Harbor. northeastern
Clearwater and unincorporated areas of Pinellas County discharge into Old Tampa Bay. Of
the total land area contributmg runoff. 18.5% of Mullet Creek and 26% of Bishop Creek
drainage basins are within the City. Much of this area was developed before establishment
of 1985 regulatory requirements for storrnwater treatment and storage.
In 1990. a stormwater improvement plan. developed by Greiner. Inc. for Pinellas
County in cooperation with the city of Safety Harbor. was to address storm water, flood
management, and erosion control in Mullet and Bishop Creek Drainage basins. Much of the
storm water contribution to these creeks from Clearwater is discharged with little or no
trsatmentor storage. Lack of storage in Clearwater results in excessive flow velocities
within creek channels causing erosion, downstream sedimentation and water quality
problems. Proposed improvements include increasing channel capacity by removing some
structures, restoring natural channels. upgrading culverts, and removing sediment and
debris. Some channels will be relocated to within drainage easements or regraded. In
areas where remova.1 of retaining walls i::; proposed. erosion control materials, such as
fabriform and geoweb with sod, will be installed.
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Safety Harbor has executed an agreement with Clearwater, Pinellas County and the
Southwest Florida Water Management District (SWFWMD) to develop a watershed
management plan for the Alligator Creek drainage basin. Safety Harbor's participation in
the Alligator Creek project is based on Clearwater's participation to share costs for
stormwater irt:\provements related to improving water Quality in the Mullet and Bishop
Creek drainage basins. Staff recommends the City approve the agreement to assist Safety
, Harbor in the implementation of the proposed improvements to Mullet and Bishop Creeks
and to further the projects cooperatively.
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The project's budget totals $900.000. The SWFWMD and Clearwater share relates
to water quality improvements ($600.0001. Clearwater's land area contributing
stormwater runoff to Mullet and Bishop Creeks is approximately 20% of the total project
area. As SWFWMD is funding 50% of the water quality related costs, Clearwater's share
is 10% of $600,000. or 6.67% of the total project budget. not to exceed $60,000.
Commissioner Fitzgerald questioned how this project relates to City plans for the
Enterprise/Landmark intersection near Mullet Creek. City Engineer Rich Baier reported this
one addresses the water quality issue and does not impact plans for that intersection.
Commissioner Fitzgerald requested the water quality issue be kept in mind when
addressing the intersection. Mr. Baier said he could.
Commissioner Thomas noted the City's share of the $900.000 project is $60.000.
Commissioner Fitzgerald moved to approve the agreement with SWFWMD, the city
of Safety Harbor, the City of Clearwater and PineHas County for the sharing of stormwater
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-" improvement costs in Mullet and Bishop Creek basins in the amount of $60,000 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 1117 - Beach lown MeetinQ Follow UP . Special Taxing District for Beach
Improvements
The City Manager indicated tile two special taxing options for beach improvements
are establishing a Community Development Agency (eRAl or a Special Assessment Taxing
District.
Central Permitting Director Scott Shuford said the Commission is familiar with the
eRA approach. He noted an advantage of this approach is that the district will receive the
County's portion of the tax increment. No new taxes are imposed. With the incremental
tax approach. property values increase as properties are improved. Mr. Shuford indicated
Special Assessment Taxing Districts usually focus on single issues such as fire protection,
airport. beach erosion, etc. He said the advantage of this approach is knowing the exact
value of funds that will be available.
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City Manager Elizabeth Deptula said she had discussed nuances regarding collection
of additional taxes with the City Attorney. A special independent district could be linked to
ad valorem taxes like the Downtown Development Board or a special assessment district's
tax could be based on benefits received. The City Attorney said Special Assessment
Districts are distinct from independent districts collecting ad valorem taxes. Ms. Deptula
suggested an assessment could be based on square footage or number of rooms. The City
Attorney indicated an analysis on how to do the assessment is needed as several different
techniques exist. The Mayor noted both avenues require property owner approval ~nd
questioned if the Commission could do anything automatically. The City Attorney said she
would verify if property owner approval is required.
Commissioner Thomas questioned jf both districts require separate boards to
function in the management of the district and expenditure of money. The City Attorney
said there are no boards but workers contracted to perform services. Ms. Deptula
indicated the City controls the money.
Of the special taxing options, Commissioner Thomas noted the CRA impacts the
taxpayers the least and is the most popular vehicle. The Mayor questioned the popularity
of the CRA. The City Attorney said she did not know if it was the most popular vehicle
but agreed it does not impact taxes.
Commissioner Fitzgerald questioned if the City was restricted from having more
than one CRA. The City Attorney did not know. Commissioner Fitzgerald questioned if
other cities had multiple CRAs. The City Attorney indici:lted she was not familiar with any
but would investigate.
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Commissioner Thomas questioned if a district could be added to an existing eRA.
Commissioner Fitzgerald questioned if a CRA district must be contiguous and expressed
concern with the eRA extending west (rom Downtown and enveloping Island Estates.
Commissioner Thomas questioned if it was possible to link the beach business district with
the Downtown CRA via the Memorial Causeway without including Island Estates. The City
Attorney will research these questions.
Commissioner Fitzgerald said whether or not establishing a tax increment district is
the most beneficial option, it does impact on the citizens and rest of tl1e City because
funding is taken away from the whole city and focused on a targeted area. He agreed
there was an advantage to capturing the County tax money but noted residential
neighborhoods are affected because funds are no longer available in the general tax base
to address all City services. Commissioner Thomas agreed and said both sides of the
equation must be balanced as the beach district produces high revenues.
Commissioner Fitzgerald said the disadvantage of a CRA is that it freezes taxes at
the implementation level and nothing is available at first. The district only grows if
property values increase. He questioned how many years a CRA must operate. The City
Attorney said many CRAs base their length of operation on the length of their bonds.
Without bonds, she was not cer.tain of the minimum required time frame. Commissioner
Deegan said Clearwater's CRA/s maximum time frame is 30 years but noted the question
regarding how long it must operate poses a different question. Commissioner Thomas did
not want to establish a new 30 year district and feft tieing the beach to the existing eRA
would make beach redevelopment more urgent.
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......../ CRA Executive Director Peter Gozza indicated the CRA's 30 year time limit can be
amended and extended. He said a eRA can cease operations early after accomplishing its
goals and retiring its bonds. Mr. Shuford said staff could look into expanding the existing
CRA Downtown area, He indicated a strong linkage between the two areas would have to
be incorporated into the CRA plan and requires additional research. Mr. Shuford said it
may be simpler to establish a separate beach CRA. Commissioner Thomas suggested d18
City has viewed the Downtown and beach as one contiguous unit for redevelopment and it
is one entity. Mr. Shuford agreed a good case could be made to link the futures of
Downtown and the beach. The Mayor disagreed the City Commission had concluded the
future of the beach and Downtown were linked. She did not think they depend on each
other for survival.
Commissioner Fitzgerald questioned if the CRA had the power to "repalr" or
"prepare" property. Mr. Shuford indicated the CRA can prepare property for use.
Commissioner Fitzgerald questioned if the CRA has the power to condemn properties. Mr.
Shuford said that power was optional and based on tl,e CRA's goals. Commissioner
Fitzgerald questioned if the eRA could condemn property to make something happen to
benefit the district. Mr. Shuford said one of the eRA's greatest powers is the ability to
condemn property for private use. The Mayor indicated the City Commission designated
itself as the CRA board ber.ause they felt it inappropriate for anyone other than an elected
official to possess the power of condemnation. Commissioner Thomas agreed that power
must be retained by the City Commission.
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Commissioner Fitzgerald expressed concurns regarding establishing another eRA
and preferred creating a tax district or assessment district where funding is upfront and
easier to control. He said a eRA was his last choice for the beach because he was not
convinced it would benefit Clearwater over the long haul. He felt 30 years was too long.
He requested additional information on ideas reyordin9 special assessments.
The Mayor questioned if special districts were popular ways to fund public works.
Mr. Shuford said the financing mechanism choson depends on what a City wants to do.
He indicated a sole parking garage would require a different financing mechanism than a
more complicated goal. He said it was premature to decide which mechanism would be
best until a redevelopment plan is reviewed and the City identifies the projects it wants to
address. The Mayor noted a parking garage would benefit the whole community but
questioned the benefit to City residents of plans to buy up hotels, etc. Mr. Shuford
suggested the Commission would have a better understanding after redevelopment ideas
are addressed at the February 13, 1995 meeting.
Commissioner Deegan had a different concern and felt the option should have
something to do with the urgency of a need. He noted a special district provides
immediate funding. He pointed out the entire City depends on the continued success of
the beach which currently is experiencing a steep decline in business. He indicated the
need for an immediate source of revenue. He felt the funding mechanism should depend
on redevelopment plans which must include plans to develop an entertainment area.
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Commissioner Thomas understood the need for immediate revenues but noted
additional taxation is the last thing someone who is hurting needs. He said establishing a
CRA would be slower but safer because people cannot afford higher taxes or assessments.
He favored adding the beach district to the existing CRA.
Commissioner Berfield suggested not making a decision until beach redevelopment
is discussed at the next day meeting. She indicated all options have pros and cons and
noted a parking garage and entertainment complex would require different funding
mechanisms. She said if business is as bad as has been indicated, adding a tax would
have negative effects. She questioned how long a special taxing district would be in
effect. The City Attorney said this would depend on how long it LOok to finance the
improvement. Commissioner Berfield questioned if the City could predetermine a taxing
district's lifespan. The City Attorney indicated that was so.
John Doran recommended adopting both a special tax district and a CRA. He noted
he does not own commercial property on the beach but said the business community is
concerned about the beach. He noted consensus does not exist on the beach but felt the
major problem is that what was once charming, is now old and obsolete. He expressed
concern that Clearwater beach will decline as a tourist destination. He said tourists come
for the beach but want more to do. He suggested burying utility wires underground,
repairing the sidewalks, and planting additional greenery would greatly improve the beach's
ambiance. He suggested beach property owners may be willing to step up to the line for a
special taxing district. He felt a visible project would encourage private development
through the CRA. He said through taxes, tourists puy 20% of the school system's budget
and noted how tourism benefits all City residents.
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Bob Bickerstaffe said Downtown has not grown since the CRA was established. He
said most of agency's money has gone toward salaries and studies and has not produced
much. He said the beach is a terrific asset and should be going, but it is not. He said run~
down motels have been improved even though the City 118s made that hard to' accomplish.
He said business owners have suffered at tile l1ands of the City and suggested the City not
make it so difficult for them to succeed. He noted beach restaurants wish to expand and
how that would increase the City's tax base. He recommended the City stop charging
impact fees. He recommended building a tax base so taxes stay low. He suggested
painting and planting trees would help move Clearwater forward. He said the City
discourages investors. The Mayor questioned how to encourage investment. Mr.
Bickerstaffe suggested making the City builder and investor friendly.
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Commissioner Berfield questioned if the Commission was giving staff direction. The
Mayor requested additional information. Commissioner Fitzgerald requested answers to
questions he raised. Commissioner Thomas said both issues raised by Mr. Doran were
valid and requested staff review them. He recommended polling property owners to
determine their preference among the alternatives. The Mayor questioned if only the
commercial district was being addressed. The City Manager indicated special assessments
are limited to commercial districts. Mr. Shuford said the entire beach, including
commercial and residential properties, could be included in a eRA. The Mayor noted the
difficulty in differentiating between commercial zones and zones with a commercial and
residential mix. She questioned if everybody on the beach would need to be polled and
questioned the magnitude of effort requested of staff. Mr. Shuford said a poll of Mandalay
Avenue property owners indicated a willingness to accept certain sacrifices for a larger
good.
Commissioner Berfield questioned if Sand I<ey and Island Estates would be included.
Commissioner Thomas recommended addressing Clearwater beach only. Island Estates
and Sand Key are new communities and not in a downward slide. He recommended
against including single family residences and suggested Baymont Street be the district's
northern border.
Commissioner Deegan requested staff identify redevelopment areas by zoning
district and six or seven questions be drafted for polling Clearwater beach residents and
merchants. Commissioner Deegan suggested polling the nearly 400 occupational license
holders. The Mayor recommended conducting a random sampling rather than depending
on returns.
Commissioner Thomas said more information was needfld from staff. He requested
information on a CRA and how to establish one. He requested the special assessment
issue be clarified and questioned what the district would look like. The City Manager said
redevelopment would be addressed on February 13. 1995. A summary of all follow up
Beach Town Meetings will be discussed on February 27, 1995.
The Commission recessed from 10:56 to 11 :50 a.m.
ITEM 1118 - Discussion re Board Aopeals
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The Commission requested information regarding how to handle appeals of various
City boards' decisions. In a January 13. 1995 memorandum, Central Permitting Director
Scott Shuford stated he had previously transmitted comments from the Planning Zoning
Board (P&ZL the Development Code Adjustment Board (DCAB) and the Board of
Adjustment & Appeals - Building/Flood; these boards did not want to revise the current
appeal procedures.
Should the Commission hear appeals from these boards, it will be acting in a quasi.
jUdicial capacity. Commission members will be unable to engage in "ex parte" discussions
with anyone about conditional use permits or other items that go under appeal. The
Commission will be required to issue its appeal decision based only on "competent,
substantial evidence" generally obtained from technical experts or established standards.
Unless public opinion comments at the appeal hearing are based on competent, substantial
evidence. they must be disregarded.
These two issues put the Commission in an awkward position. Contact with board
members over controversial P&Z or variance cases may break the "ex Parte"
communication rule. The Commission may find itself restrained by the evidentiary
requirements of the hearing process and not able to respond to citizens' concerns regarding
general community character issues.
Mr. Shuford recommended the Commission try the appeal process it has reserved
for itself through the alcoholic beverage conditional use permit process for a period of six
months. He felt the trial period will enable the Commission to determine if it is comfortable
1'''~''''1 hearing other appeals of board actions.
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Commissioner Deegan questioned if the Commission requires special preparation to
conduct hearings. The City Attorney said no special training was needed and noted the
Commission already addresses quasi-judicial matters. She said the Commission would
have to follow set procedure and would have to base decisions only on competent,
substantial evidence. Ex-parte contacts and discussions with citizens regarding the case
would not be allowed. She indicated pending legislation could permit ex-parte
communication with disclosure. The Mayor suggested waiting until tl,e State law passes.
Commissioner Deegan said he was more comfortable with Mr. Shuford's suggestion that
the Commission try the appeal process through the alcoholic beverage conditional u?e
permit process for a six.month trial.
Commissioner Thomas recommended changing the process for every board so that
all appeals are heard by the City Commission. Mayor Garvey pointed out the Commission
would be unable to discuss the matter with constituents. Commissioner Thomas said the
Commission could listen during the meeting. He felt it was important the City's elected
officials and not Hearing Officers determine what goes on in the City. He recommended all
board appeals be moved immediately to the City Commission for the appellate process.
Commissioner Berfield noted the Commission could not hear from either citizens or
board members. The City Attorney agreed. Commissioner Berfield questioned why the
board indicated they do not want to revise tIle appeal process. Mr. Shuford reported the
Planning & Zoning Board (P&Z) and Development Code Adjustment Board (DCAB) desire to
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....., have their decisions stand and not be reviewed by the political body that appointed them.
The boards indicated that action would intrude on their authority and render them
immaterial to the process. The board also expressed concern regarding politiciz'ing
decisions. He noted P&Z's ruling passed on a 5-2 vote and all DCAB members favor
current practice.
Commissioner Thomas questioned jf Ilis recommendation would result in a speedier,
cheaper process. Mr. Shuford agreed the City would save the expense of a Hearing Officer
and cases could be heard faster. He noted the State Hearing Officer is sent all background
information and a tape of the meeting so the officer can listen to the entire discussion.
Mayor Garvey questioned if there were plans to establish a local pool ot attorneys
to act as Hearing Officers. The City Attorney indicated the pool was to be developed to
address Civil Service matters only.
Commissioner Fitzgerald said he agreed with the P&Z and DCAB that the City
Commission should not position itself as an appellate authority. He noted a definite
advantage to hiring a Hearing Officer is the reduction of pressure from the political system.
The Mayor did not think the procedure should be changed. She said she was willing to
proceed with a six~month trial on alcoholic beverage use appeals. Commissioner Deegan
recommended following Mr. Shuford's suggestion that the Commission try the alcoholic
beverage conditional use permit appeal process it has reserved for itself and then revisit
the issue. Commissioner Berfield supported Commissioner Deegan's recommendation.
.............~ 'I
The majority of the Commission agreed to try the appeal process for alcoholic
beverage conditional use perrnits for a trial period and bring back the item in six months.
,~.....t
ITEM 1119 - Res. #95-12 - authorizing City Manager to file application for "Florida Highway
Beautification Grant" from the FOOT for installation or landscape material on N. Ft.
Harrison Ave. and to enter into required "Grant" and "Maintenance" Agreements (PRI
Representatives from the N Ft. Harrison Business District and Old Clearwater Bay
Neighborhood Association 'lave met with staff several times requesting landscape
improvements along N Ft. Harrison Ave. Since N Ft. Harrison Ave. is a State road, staff
discussed the project with the Florida Department of Transportation (FOOT). To
accomplish the project and minimize City cost, staff proposes to seek funding assistance
via an application to FOOT for a "Highway Beautification Grant, II the same program used
for the Courtney Campbell Causeway Beautification Project. Tile application process
requires a Resolution authorizing the City Manager to file the application. The local
governing body must agree to execute "Maintenance and Grallt Agreements," modified
only to include the details of the responsibilities of the department and local government
appropriate to this project if a grant is awarded.
If approved, staff proposes to plant approximately 44 bottle brush trees and install
sod on both sides of the N Ft. Harrison right-or-way from Calumet Street to the Myrtle
Avenue intersection. Ground cover and approximately seven palms will be planted at the
southwest corner of the Stevenson's Creek bridge. The project's estimated cost is .
$21,852.19 of which $9,248.39 will be requested from the State. The remaining
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$12,603.80 will be the local match of $375 cash and $12.228.80 of City in-kind labor and
equipment. The City's funding portion will corne from the Nursery Division's current
operating budget.
Staff feels annual operating costs for maintenance, estimated at $4,842, are
minimal and can be absorbed in the City's current maintenance operation. In keeping with
City ordinance, mowing the right-of*way will continue to be done by adjacent property
owners.
Parks & Recreation Director Ream Wilson indicated staff enet several times with
representatives of the N. Ft. Harrison Home Owners' Association and Business District
regarding their desire to add landscaping to N Ft. Harrison Avenue's streetscape. Mr.
Wilson noted the narrowness of N Ft. Harrison allows little space for landscaping. Enough
right-of-way to plant trees, etc. exists from the Myrtle Avenue/N Ft. Harrison intersection
north to the Stevenson's Creek bridge. Staff has estimated the project will cost
$21,852.19 and will seek a State grant to help fund. Mr. Wilson indicated staff will know
if the project is funded on June 1, 1995. If approved, the money will be available
September 1, 1995. He said the City's contribution will be $375 cash plus City in-kind
labor and equipment.
Mayor Garvey expressed concern that many people have allergic reactions to
bottle brush trees. Nursery Superintendent Mark Roether said he was not aware of that
connection.
I";">"} Mayor Garvey noted many volunteers helped with the planting on the Causeway
'....,0>' and questioned if any of the Associations had offered to help. Mr. Roether said he would
welcome volunteers and their efforts would not change the scope of the grant. Mr. Wilson
said this would be pursuBd.
Commissioner Thomas questioned wllat was included in the City's $12.228.80
match. Mr. Wilson indicated in-kind labor and equipment. Commissioner Thomas said it
was not like the City is not spending taxpayers' money on this project. Commissioner
Berfield noted the City's contribution would be less if volunteers are involved.
Commissioner Thomas questioned where the palm trees would be planted in relation
to the Atrium building. Mr. Wilson said the landscaping would start north of the Atrium
because the road is too narrow south of that point. Mayor Garvey noted the plantings
would not be on private property. Commissioner Thomas questioned if anything could be
done to the area by the Atrium building to camouflage it with plantings. Mr. Wilson noted
the State road on the Atrium's west side is governed by stringent State guidelines. He
was not certain regarding plantings on Myrtle AventlB on the building's east side.
Commissioner Deegan referred to the estimated annual maintenance cost of
$4,842, and questioned it that can be absorbed. Mr. Wilson said those costs are for
periodic trimming and ground cover maintenance. Commissioner Deegan said the reason
he questioned these costs was related to the need to add a half staff person to maintain
the Causeway after landscaping was planted there. Mr. Wilson felt his Department can
absorb the additional responsibility under the current budget. He noted substantial new
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.~ Department projects include the new Municipal Services Complex, the Harborview Center,
etc.
Commissioner Berfield referred to the bridge over Stevenson's Creek and noted the
east side has already been landscaped. Mr. Wilson indicated a cluster of palms and
ground cover would be installed in a small triangle on the bridge's southwest corner.
Bob BickHrstaffe said the bottle brush tree is a lot of trouble. The tree's pollen
bothers many and its droppings are messy. He favored palm trees and recommended
installing planters for trees in narrow areas.
The Mayor suggested planting trees in planters would re~ult in higher maintenance
costs and noted palm trees have little value as they do not clean the air, provide shade,
etc. Mr. Wilson said staff had wanted to put in palm trees but could not because of
stringent conditions that require trees on State roads to 'lave trunks less than four inches
in diameter. Staff had discussed installing planters on N Ft. Harrison but were unable to do
so because of the narrow sidewalks and FOOT restrictions on fixed objects.
Commissioner Thomas referred to plans to plant bottlebrush trees and noted a City
ordinance requires the use of hibiscus. Mr. Wilson said hibiscus is used as a landscape
shrub. Commissioner Thomas questioned if bottle brush is also a shrub. Mr. Wilson
indicated the weeping variety is shrub-like but plans are to install upright bottle brush trees
to create a tree canopy.
('"') Commissioner Deegan questioned if the Beautification Committee l1ad reviewed the
',~ N Ft. Harrison Beautification project. Mr. Wilson did not know if the Committee had the
opportunity to .review the plan in detail. The Mayor indicated the grant faces a deadline of
February 1, 1995. Mr. Wilson indicated staff would contact the Beautification Committee
for input. Commissioner Deegan questioned what plants currently are being placed along
State roads. Mr. Wilson indicated the State is planting ligustrul11 trees.
Commissioner Berfield moved to approve authorizing tile City Manager to file an
application for a "Florida Highway Beautification Grant" frol11 FOOT for the installation of
landscape material on N Ft. Harrison Avenue and to enter required "Grant" and
"Maintenance" Agreements and that the appropriate officials be authorized to execute
same. The motion was duly seconded and carried unanimously.
The City Attorney presented Resolution #Res. 1195.12 and read it by title only.
Commissioner Thomas moved to pass and adopt Resolution /tRes. 1195-12 and authorize
the appropriate officials to execute same. The motion was duly seconded and upon roll
call, the vote was:
"Ayes": Fitzgerald. Barfield, Deegan, Thomas and Garvey.
"Nays": None.
ITEM #20 - Res. 1195-13 - authorizing certain City officials to sign applications for FOOT
permits (EN)
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Tt1e Florida Department of Transportation (FOOT) requires all corporate entities
submitting permit documents for approval, to place their corporate seal on the permit. This
requirement will be waived if the Florida Department of Transportation has on file, certified
copies of a "Certificate of Incumbency and Authority," accompanied by a resolution
designating those individuals authorized to sign the applications. This resolution and
accompanying documents will expedite approval of all permits submitted to FOOT.
Commissioner Thomas moved to approve autl10rizing certain City officials to sign
applications for FOOT permits and that the appropriate officials be authorized to execute
same. The motion was duly seconded and cnrded unanimously.
The City Attorney presented Resolution #95-13 and read it by title only.
Commissioner Fitzgerald moved to pass and adopt Resolution 1195-13 and authorize the
appropriate officials to execute same. The motion was dul.y seconded and upon roll call,
the vota was:
"Ayes": Fitzgerald, Barfield, Deegan. Thomas and Garvey.
"Nays": None.
The Commission recessed from 12:20 to 2:01p.m.
ITEM #21 - Beautification Committee - 1 appointment {eLK}
.-....., Commissioner Deegan moved to appoint Carl Long. Tile motion was duly seconded
I" j
-.... and carried unanimously.
ITEM #22 - Plann;nq & Zoninq Board - 2 appointments (CLI()
Commissioner Fitzgerald moved to reappoint Ed Mazur. The motion was duly
seconded.
Commissioner Thomas said he had concerns with the nOl11ination because Mr.
Mazur often appears before the City Commission on numerous issues. He noted Mr. Mazur
has abstained from voting on numerous occasions due to conflicts of interest yet still
influences the board on behalf of clients. Commissioner Thomas said he respects Mr.
Mazur but expressed concern that too much room for conflict of interest exists. He noted
Mr. Mazur missed 25% of the meetings, Mayor Garvey questioned if every potential
board member will have to be reviewed for possible contlicts. She noted other P&Z
members have definite conflicts. She said Mr. Mazur has done a very good job and noted
the Commission normally reappoints qualified applicants.
Upon the vote being taken, Commissioners Fitzgerald and Berfield and Mayor
Garvey voted "Aye"; Commissioners Deegan and Thomas voted "Nay." Motion carried.
Commissioner Deegan moved to appoint Bernie Baron. The mOliol.' was duly
seconded.
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Commissioner Berfield questioned if Mr. Boron COrl get time off from his job at the
Sheraton Sand Key to attend meetings. The City Clerk said staff provides a list of meeting
dates and times to candidates and assumes those who apply can serve.
Upon the vote being taken. the motion corried unanimously.
ITEM #23 - Parks & Recreation Board - 1 aooulntment (CLK)
Commissioner Thomas moved to appoint Doyce Haggard. The 1110tion was duly
seconded and carried unanimously.
ITEM 1124 - Other Pending Matters
The City Manager distributed information to be discussed Thursday. February 2,
1995. regarding the nomination of St. Joseph Sound to SWFWMD's 1995 list of Surface
Water Improvement and Management (SWIM) priority water bodies. The item was
agendaed for February 2. 1995.
CITY ATTORNEY REPORTS
ITEM #25 - Other City Attornev Items
a) Revised Scope of Services - David Cardwell
()
The City Attorney distributed copies of David Cardwell's proposal regarding his
engagement as Special Counsel on the East End Project and asked it be placed on the
February 2, 1995 agenda. Commissioner Deegan questioned if the agreement includes the
difference in anticipated hours he would spend on various portions of the project he was
asked to do. The City Attorney indicated it does. The major portion of his first tasks has
been completed and he has expended a little more than $5.000 to date. Most of the
remaining costs have been allocated to the negotiation of an agreement. should one be
necessary.
This item will be agendaed for February 2. 1995.
b} Discussion. Civil Service Hearing Officers
City Attorney Pam Akin noted problems with Civil Service cases due to the time
delay. She advertised with the local bar news and received replies from tl1ree attorneys
interested in serving Pro Bono as Hearing Officers. Ms. Akin indicated rules require a list
of five names. She noted these cases do not qualify for Pro Bono credit and tile response
was limited. She suggested expanding the local list and paying for the service. Mayor
Garvey questioned if local attorneys who appear before the City Commission would be
eliminated. Ms. Akin said attorneys who work for the City cannot serve. Mayor Garvey
questioned the status of attorneys who appear in adversmial positions. Ms. Akin did not
think that would be a conflict situation. Staff can compile a list at Commission's direction.
Mayor Garvey questioned what the City is saving. Ms. Akin said time and travel expenses
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but indicated time is tl1e biggest factor. Mayor Garvey questioned jf attorneys could be
attracted from the Tampa Bay region rather thnn just from Clearwater. She questioned if
other cities have the saine issue and may want to sl1are their lists. Ms. Akin indicated not
all jurisdictions use Hearing Officers but said she would see if any other municipalities are
interested.
Commissioner Deegan questioned wllat other jurisdictions use. The City Attorney
said many appeals go directly to court, or in the case of Civil Service, appeals go directly
to the Civil Service Board which hears the entire issue. Commissioner Deegan questioned
if restrictions on the ,City's Civil Service Board were imposed by the City. The City
Attorney said that is Clearwater law. She said positive effects include an objective fact
finder. She said the process does not have to be that way,
Mayor Garvey questioned if the pros and cons had been presented. Ms. Akin said
Hearing Officers are lawyers who listen to the facts, hear arguments, and make findings of
facts. This saves the board's time. Commissioner Deegan noted the City has not explored
the alternative. Ms. Akin agreed staff has not explored the alternative of changing the law.
Mayor Garvey said she was ambivalent because the pros and cons had not been reviewed.
Commissioner Thomas questioned the alternative referred to by Commissioner
Deegan. Commissioner Deegan noted other cities do not use a Hearing Officer and
recommended requesting the Civil Service Board's opinion on this matter at their next
meeting.
.c.~
. ,_I Mayor Garvey questioned if there have been problems other than those related to
time. The City Manager indicated that time delays have posed significant problems.
Commissioner Deegan noted each case is costly. Deputy City Manager Kathy Rice said
most cases go through union contracts, not the Civil Service Board.
Commissioner Thomas questioned why the City has a Civil Service law as he felt
there was sufficient law to cover employee relations. He recommended discontinuing the
City's Civil Service law. Mayor Garvey questioned if it was a union or referendum issue.
Ms. Rice said she would review the issue. Ms. Rice noted some employees are not
covered by union contracts and Civil Sorvice provides some protections for professional
level employees. She said she would pro'\ljde a definitive statement.
The City Attorney noted a reference to Civil Service law in the Charter.
Commissioner Thomas said he thought that reference was removed by amendment. Staff
will research the reference. The Mayor requested a review of the City's Civil Service law
include its pros and cons. Commissioner Thomas requested the entire issue be reviewed.
Ms. Rice indicated two cases awaiting rulings concern yaar old terminations.
Reference to Civil Service will be agendaed in the future. Commissioners Deegan
and Fitzgerald requested comments frail") the Civil Service Board be received before the
Commission again addresses this issue;
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Attorne'l{client Session
Tl18 City Attorney requested an attorney/client session regarding DeSantis versus
the City be scheduled for February, 16, 1995 at 5:00 p.m. Consensus was to so
schedule.
ITEM #26. City ManaQer Verbal Report!;:
The City Manager noted only one more Strategic Planning Session is scheduled.
Scheduling additional Strategic Planning sessions will be discussed February 6, 1995.
ITEM #27 - Commission Discussion Itellls . None.
ITEM 1128 - Other Commission Action
Commissioner DeBQan displaved banners to "Welcome Back Winter Visitors" to be
installed this week Downtown.
Commissioner Fitzgerald referred to correspondence from the Florida League of
Cities dated January 19, 1995. He questioned if staff had analyzed new well head
protection rules that appear to require the City to condemn land and create more hurdles
for water reuse programs. Ms. Rice said staff was reviewing it closely and did not feel it
would impact the City until late 1995. Mr. Baier indicated he had met with a consultant
....'...... and prepared a narrative regarding the impact. He reported proposals are to increase the
\'J current 250 foot diameter required around well heads to 500 feet or one mile. Staff is
reviewing all aspects. Ms. Rice said she would forward a copy of the narrative to the
Commission. Commissioner Fitzgerald questioned what the hurdles for water reuse
II
programs are. Ms. Rice said that information will be included in a memorandum.
Commissioner Thomas said he t18S never been advised when the Memorial
Causeway bridge breaks. He said it is important that City Commissioners and the Mayor
be routinely advised of this. The Mayor questioned if staff could keep track of breakdowns
to establish a history rather than advising the Commission of every breakdown. Mr. Baier
suggested the Police Department could call Commissioner Thomas or the FOOT could
inform him and he could advise Commissioner Thomas. Commissioner Thomas requested
he be advised via fax after the fact. The City Manager said the Memorial Causeway bridge
does not belong to the City. Commissioner Thomas noted the bridge is located in the City.
The Mayor said the City needs to advise citizens that problems on the Memorial Causeway
bridge are beyond the City's realm of responsibility. Mr. Baier reported a one~year, $2.2.
million rehabilitation of the bridge will begin in JUne. Information on the rehabilitation will
be forwarded.
Commissioner Thomas referred to a graph he prepared regarding the Convention
and Visitors' Bureau's (eVB) budget. He noted the topic has 11eated up on tl1e beach. He
requested the matter be agendaed soon for a thorough review of how the CVB handles the
money it collects from Clearwater.
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, Commissioner Berfield questioned if estimotes are ovoilable regording the length of
time a drawbridge is anticipated to not work. Mr. Baier indicated the Police Department
usually has a good estimate. Mayor Garvey questioned if staff knows how long a bridge
will be out of service. Mr. Baier said the langtl, of breal<downs cannot be known.
Assistant City Manager Bill Baker said the City is advised when repairs are scheduled. The
bridge tender informs the Police Department when unforeseen events cause the bridge to
break. Commissioner Thomas said the bridge tender does not automatically call the Police
Department. He indicated he called the Police Department regording a recent breakdown
and they had not yet been informed. Mayor Garvey suggested the bridge tender may not
call the Police Department immediately jf there is reason to believe the bridge will be
working within five or ten minutes. Mr. Baier said FOOT has a policy regarding contacting
the police but he was unsure of regulations regarding the time duration. He said he would
contact FOOT to firm up the procedure. Commissioner Thomas expressed concern that the
bridge tender does not always notify th~ proper authorities every time the bridge breaks.
Commissioner Berfield questioned jf Mr. Harper's memorandum regarding seafood
festivals had been forwarded to beach organizers.
Commissioner Berfield noted a recent discussion regarding Second Chance referred
to the Lokey property. She indicated the conditions or approval she had referred to were
for another Lokey property.
ITEM 1129 ~ Adiournment
~;)
The meeting adjourned at 2:41 p.m.
ATTEST: r. -^\..LVt .:. L !J w9
~ Clerk
cOOn.
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