02/16/1993 (2)
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WORKSESSION
City Commission Worksession Minutes
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CITY COMMISSION WORK SESSION
February 16, 1993
The City Commission of the City of Clearwater met at City Hall Annex, ORe conference room,
with the following members present:
Rita Garvey
Richard Fitzgerald
Sue Berfie\d
Arthur X. Deegan, II
Mayme Hodges
Ma yar/C ammissioner
Vice.Mayor ICommissioner
Commissioner
Commissioner
Commissioner (left at 11 :35 a.m.)
Also present:
Michael J. Wright
Kathy S. Rice
Elizabeth Deptula
M.A. Galbraith, Jr.
Cynthia E. Goudeau
City Manager
Deputy City Manager
Assistant City Manager
City Attorney
City Clerk
The meeting was called to order at 9:01am,
Service Awards
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~,~ Four City employees were presented srvice awards Alice Eckman, Public Works,
received the February Employee of the Month award.
WORK SESSIONONL Y
1. PACT - Annual Reoort
Elissa Getto, Executive Director, PACT, Inc., introduced Bill Johnson, incoming
Chairman, and Les Smart, former Treasurer and Foundation Board member. Ms. Getto
reported the budget is balanced with a $43,000 surplus as of September 30, ,1992. She
credited fanatical attention to detail and fund raising. She detailed financial statistics,
particularly noting the City's $500,000 contribution; Ms. Getto forecasted a wonderful 1993-
1994 season for the art center's 10th anniversary and tt1anked the Commission for its
continuing support.
Messrs. Smart and Johnson also thanked the Commission for its support and budgetary
contribution, and credited Ms. Getto as the driving force behind their success.
In the ensuing discussion, Ms. Getto reported the House Subcommittee last week voted
zero funding for the Arts and asked for Commission support. Commissioner Fitzgerald
suggested the matter be taken up at the February 24, 1994, meeting. At the suggestion of
Mayor Garvey, Ms. Gatto will supply language to include in a letter of support.
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>....~ 2. Tom Miller - Environmental Advisorv Committee
Tom Miller, Assistant Director, Public Works and Harold Hunt. Environmental Advisory
Committee, briefed the Commission on EAC operations for the past year, noting the watershed
planning activity.
Mr. Miller indicated the plan is complicated, and presented drainage concerns,
maintenance activities, funding statistics, indicating Clearwater has some serious water
problems such as nutrients, trace metals, sedimentation, and erosion. He noted the
Clearwater Comprehensive Plan referenced development of a watershed management plan and
the Federal Government has imposed requirements upon the City of Clearwater through the
Clean Water Act to improve water quality using NPDES permits. Mr. Miller's presentation
covered background and chronology of related events over the past two years. In summation,
he indicated the City is moving toward a joint SWFMWD regional plan, which is a true
watershed master plan.
Replying to Commissioners' questions, Mr, Miller said the plan will take 2-1/2 years to
complete; the NPDES application is almost complete; Safety Harbor, Largo, Pinellas County
and Belleair have agreed to participate and an interlocal agreement is being drafted, projected
for completion in June, 1993.
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In the ensuing discussion, Ms. Rice said the City will be working with the participants
relative to how funding is to be shared. Mr. Miller reported it is projected the plan will be
complete in about two years. Commissioner Berfield questioned the 65% figure of the $3.4
million utility fee designated for operations. It was noted interest will be earned.
Mr. Hunt said the EAC appreciates the opportunity to upgrade the status of its activity.
He explained the EAC handout and the Committee's implementation approaches. He stated
the EAC recommends the watershed management program continue. He said there is no
current valid regulatory authority in the City and recommended the City consider this issue.
He specifically noted Stevenson's Creek, Dunedin Pass, affordable recycled wastewater, and
reducing contaminent discharges as major issues.
In summation, Mr. Hunt recommended the Commission 1} move forward on the
Regional Watershed Plan; 21 pursue Florida grants; and 31 expand provisions for getting rid of
waste materials.
Mayor Garvey thanked the committee members, Mr. Miller and Mr. Hunt and said she
believed the Commission now had clearer focus.
Administrative Services
Public HearinQ ~ Declare orooertv located at 600 Franklin St.. Gould & Ewino's 2nd Addition
to Clwr Harbor. Blk 7. oart of Lot 1 , as surolus for ouroose of leasina to the IAFF for the
period 3/1/93-2/28/98 (AS)
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..-...., Ms. Rice indicated all City departments, unions and other persons associated with the
City were notified of the surplus. IAFF was the only respondee.
~evis~d "Pennv fO,r Pinellas1t 1 % Ootionallnfrastructure Sales Tax oroiect list (AS)
Mr Wright reported recent events prompted the recommendation of several changes.
The additional PO&E study done for Drew Street is going to take longer than expected; 1995
is anticipated for Drew Street widening. A couple of major tracts of land were purchased
using impact fees. It is recommended the sidewalks on Mandalay project be continued;
Missouri has been shifted to coincide with Drew Street and may not have to be done at all;
Countryside Community Center funding will be moved; Landmark Drive has been taken out
of the Penny for Pinellas project because the proposed school site will not be developed.
Mr, Wright gave a status report for each of the new projects: ADA intersection
improvements; east-west bike trail; Adult (Community) Center; Mandalay Avenue sidewalks:
Coopers Bayou Park; McMullen Tennis Complex; Sand Key City Park; and Bridge Utility
Relocation. Mr. Wright noted changes in priorities, and said the Highland Avenue widening
has been accelerated. Exhibits were explained and discussed.
Commissioner Deegan asked Mr. Wright to determine the exact date of the Alternate
19 State studies. In this regard, Mr. Peter Yauch reported the PD&E study had its inception
two years ago and is still on hold, with a February proposed start. Mr. Yauch will keep the
Commission informed.
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1 st Quarter Budaet Review (AS)
First Readina Ord. #5345.93. ooerating
First Readina Ord. #5346-93 - capital imQrovement oroiects
Mayor Garvey questioned why the overtime report was so large. Ms. Rice said it was
detailed so the Commissioners would better understand the process. The Commissioners
agreed a summation would be adequate in the future.
Commissioner Deegan said he wanted an explanation of overtime and the report could
be less detailed in the future. Commissioner Fitzgerald agreed. He said he beHeved the
amount of $1.5 million for overtime per year was excessive and ways should be found to do
work in a normal day. Ms. Rice offered there are occasions where it is more expedient to use
overtime to complete some tasks rather than wait until the next day. She cited sending out
notices for occupational license renewal, and indicated most overtime is in the Police
Department, although other departments accrue approximately $700,000 in overtime. Ms.
Rice said the overtime will be examined for justification.
Marine
Receive oresentation on Marine Dept. CIP's for Marina Buildina imorovements and Marina
Sidewalk Replacement with wood and concrete sidewalks lMRHWSO)
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I~ Bill Held, Harbormaster. saId Fowler & Associates had been hired as part of a capital
improvement project to look at Improvements to the Marina building. He said the craw's nest
would be designed with an additional roof, exterior siding, Clearwater Marina lettering added,
and each floor carry roofing together with some exterior siding. This would allow uniform
signage on the building. Costs can be controlled by having some work done in-house, but the
project may take longer. Addressing costs, Mr. Held said $17,000 was saved on roof repair
and about $13,000 will be needed to complete the project. The Commissioners indicated
approval and agreed this was in keeping with the suggestions of the Beach Task Force.
Replying to a question from Commissioner Deegan, Mr. Held said the signs will be
fabric, backlighted with neon inside the frame and will meet sign code. He indicated all
tenants were contacted. He said the roof material will be blue galvanized aluminum against
gray siding. Mayor Garvey and the Commissioners agreed the effect was attractive.
Mr. Held next explained the Marina sidewalks were uneven and needed replacement.
From Coronado Drive sidewalks will be concrete with 2" red brick paver and will be tied into
a Public Works project. He proposed wooden sidewalks to be constructed by City employees
by section for the remaining areas which require frequent repairs. East end to Old Bridge will
have concrete sidewalks. Original COM estimate was $250,000; $33,000 has been paid,
which includes inspection of the seawall. Concern was expressed this work not be done
during Spring Break, February 27 through April 15, 1993.
Pollee
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'..~J Purchase of 14 EDACS RanQr Mobile Radios for newlv purchased oatrol cars from Ericsson GE
Mobile Communications. Inc., Lvnchburo. VA. for $37 ,744 (PO)
This purchase includes fourteen EDACS Ranger Mobile Radios to be installed in fourteen
additional police vehicles approved for purchase at the October 15, 1992 Commission
Meeting. The total cost is $37,744.00. Funds are available in' Capital Improvement project
315-1118, Police Pursuit Vehicles.
Commissioner Berfield asked whether the original agenda item to purchase the cars
included funding for this radio equipment. Captain Egger said funds for equipment was
included in transfer. Commissioner Barfield said an item should clearly indicate total cost of
package. Replying to a question from Commissioner Fitzgerald. Captain Egger said radios
could be transferred from other cars.
Parks and Recreation
Agreements with The Golden CouQar Band Boosters. Inc. and The Clearwater HiQh School
Band Boosters. Inc. for DarkinQ of automobiles at this vear's sorinQ training season of the
Philadelphia Phil1ies (PRl
A question was raised regarding Clearwater Neighborhood Housing Services being
allowed to participate. Ms. Rice explained parking at Jack Russell Stadium is the Band
Boosters primary fund raising event. As in past years, the Band Boosters will collect parking
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Mr. Baker distributed photographs and explained the three kinds of right-of-way usage.
He said the 1982 policy requiring a maintenance agreement and liability insurance be provided
is not being invoked. Mr. Baker noted existing type A monuments and said they were
dangerous, Commissioner Fitzgerald said the purpose of this was liability and said the City
should not be exposed to unnecessary risk. The subject of liability was discussed.
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fees at 14 Phillies spring training games, after taxes will retain 60% of the remaining dollars
and remit 40% to the City.
Public Works
Consider material re: policies & principles of r-o-w management. resolve any existina conflicts
and orovide direction as to future disposition of r-o-w matters (PW)
There are three categories of monument treatments occurring in rights-of-way.
Category A are large masonry structures which are no longer allowed to be constructed.
Category B are usually placed in center medians such as those at Morningside and Island
Estates. Category C are very small signs allowed through the Parks and Recreation Adopt-A-
Park Program.
Mayor Garvey said the type A monuments could either be taken down, or insurance
provided and Mr. Baker suggested any type B, subdivision entrance signs which are
grandfathered will be tolerated. It was noted that the Cypress Bend sign is illegal and it will
>~:\~ be taken down. The need for specifications for type C, a small identification sign, was briefly
. .-c\~;,1 discussed. Mayor Garvey said the policy should not be changed. Commissioner Deegan did
not like the language of type C, and said a sign should be large enough to read. Mr. Baker
said he will bring the policy back with more detail and the item was taken off the agenda and
returned to staff.
C~mtract for Structural Demolition to Caladesi Construction, Largo, FL (PWl
This contract ie for structural demolition (Kravas Building and East End Buildings) for
the sum of $27,090.00, the lowest bid received ;n accordance with plans and specifications.
The available balances in Community Redevelopment Agency and Land Acquisition-Phase II
Codes are sufficient to provide funds needed.
Mr. Baker presented site plans and explained two options available for project
completion, The first offered 79 parking spaces and does not trigger more restrictive codes;
the second takes the building down, provides a driveway and more green space.
Mayor Garvey said the plans lacked handicapped parking spaces which are larger in size
and will cut down the total number of spaces. Commissioner Fitzgerald preferred the first
alternative because parking was more visible.
Mayor Garvey said this matter will be added to the eRA agenda so that the decision
will be made by the CRA.
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At this point, Ms. Rice distrIbuted copies of the City Hall space analysis.
In reply to a question from Commissioner Deegan, staff will check whether the contract
covered demolition of all comparable buildings in the East End area. Discussion ensued as to
whether any of the buildings could be used for low income housing. Commissioner Deegan
asked for a determination by Thursday as to whether the buildings could be used for some
purpose before being town down. '
PlanninQ & Development
Alcoholic Beveraoe Seoaration Distance Variance for oropertv (F&S Food Services, Inc. d/b/a
Houstons Steakhouse, Inc.) located at 1250 S. Missouri Ave.. Sunshine Mall, Sec. 15~29-15,
M&B 34.01 and Sec. 22-29-15. M&B 21.01. 21.02 & 21.12 (Taylor/Fusco CorD. AB93-
04HPLD}
The request will be referred for public hearing. In a brief discussion, to clarify, Ms. Rice
explained conditional use goes with the business; Ms. Goudeau said this will be addressed
with the comprehensive review of the alcoholic beverage code, adding conditional use is
personal to the business and the variance is associated with the land. Ms. Rice explained a
conditional use to have alcohol would require a public hearing if the business cl1anged
ownership.
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Amend the FY 1991-92 COSO Final Statement to reflect funds expended for HUD defined
activities (PLDJ
Mr. Polatty explained, due to the grantee performance report, certain items need to be
reclassified in the final statement of funds expended to HUD, and the subject item reinforces
the final statement.
Receive Dublic comment re: CDBG Grantee Performance ReDort for 1991.92
Mr. Polatty explained the annual report submitted to HUD for the City's expenditures
of Community Development Block Grand funds to HUD and CDBG activities. All COBG
recipients are required to hold a public hearing to receive public comment on the Grantee
Performance Report. Mr. Polatty and Ms. Greiner briefed Ms. Rice and the Commissioners on
the status of owners Elliott and Watson. It was indicated that CDGB funds for Ms. Watson
were approved at a 4:00am Commission meeting. At the public hearing for the Final Report
communications from the public will be made part of the report to HUD.
Mr. Polatty noted the GPR, prepared by the City Finance Department, is submitted
before the City audit is done, so Final Report numbers are unaudited. Commissioner Deegan
asked to see the updated Final Report before it is sent to HUD. Mr. Polatty agreed, saying
auditors are working now and changes may be available for review before Thursday's
meeting.
Commissioner Hodges left the meeting at 11 :35am.
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Ms. Rice indicated a new computer program will expedite audits of future final reports
so that there is not a year-end "crunch". .
Mr. ?olatty said staff is working with Florida Planning Group, meeting today and
Wednesday, and the entire policy should be completed for Commission review on March 12th.
Ms. Rice said the COM report is available.
City Clerk
Municipal Code Enforcement Board - 1 apoointment (elK)
An application from Mr. Richard Kinseher was received. The membership and
appointments were briefly discussed. Mayor Garvey asked that the form word 'businessman'
be changed to 'businessperson'.
Agreement with Municipal Code Corporation re: Sale & Distribution of Code (CLK)
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Ms. Goudeau offered justification for the contract agreement with Municipal Code
Corporation for the sale and distribution of the Code, explaining the past process was
cumbersome and labor-intensive, noting in particular the distribution of supplements. With the
proposed process, present subscribers of Code and land Development Code books will
automatically receive the supplement as soon as it is available from tile code company, saving
the Clerk's Department considerable time and storage space, and eliminating complicated
procedures.
Commissioner Deegan said his table of contents is old, and asked if a new one were
issued. Ms. Goudeau will check this and asked to be notified jf any other om missions are
discovered.
legal OeDartment
Second Readina Ordinances
Ord, #5324-93. Establishing City's Reclaimed Water System
Mr. Wright explained this motion addressed tile Commission's desire to move golf
courses and open space recreational areas out of the category of uses for which meters will
be required into a category such as residential. He indicated this may happen in the future,
but not now. Commissioner Deegan asked if this pertained only to those golf courses and
. open space where they are going to have reclaimed water. Mr. Wright replied this applies only
to reclaimed water.
First ReadinQ Ordinances
Ord. #5347-93 - Relating to the Clearwater Downtown Development Board: amending Sees.
22.147 and 22.148
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Commission Oiscussion Items
. I~ Ms. Goudeau's memorandum to the Mayor and Commissioners dated Februry 11. 1993
presented the amendment which is proposed for discussion separately from the proposed
ordinance. This amendment addresses a concern that a small piece of property with multiple
owners would have more votes than a large piece owned by one individual or corporation.
Answering a question from Commissioner Deegan, Ms. Goudeau said the proposals
were discussed with the Downtown Development Board two months ago and they voted to
recommend the subject changes to the Commission. Ms. Goudeau will discuss any concerns
of the Commission with the OOB at their next meeting. Commissioner Deegan requested Ms.
Goudeau specifically ask the DDB if they believed the freeholders would agree to the vacancy
replRcement process, rather than' having an election.
Commissioner Deegan objected to item 4, saying cancellation of the meeting should
not be in the hands of the Chair only. Ms. Goudeau explained this provision was included
because past code requirements mandated a meeting be held, even if there were absolutely
nothing on the agenda. At his request. Ms. Goudeau said she will relay Commissioner
Deegan's objection to the OOB. Commissioner Deegan also expressed concern for not
requiring two nominees per vacancy; Ms. Goudeau cited difficulties 'finding viable candidates
in the past. There was no objection to proceeding with first reading at Thursday's meeting.
City ManaQer Verbal Reports
Bid for Lot Mowing
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I.~~ Mr. Wright explained the city gives contracts for lot mowing. and pays for small lot mowing
by the square foot. It was recently brought to his attention 20 acres was mowed at a cost
of $7,000 which was, in his opinion, unconscionable. Mr. Wright will investigate this matter
and return to the Commission with his findings.
Parkinq meters Beach Librarv
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Ms. Deptula said concern has been expressed about absence of free parking, indicating
Traffic Engineering and Finance has been consulted. She said it is possible to do 30 minutes
of free parking at the Main Library and consultant review may be necessary. She envisioned
, enforcement and funding problems with 30-minute meters. Ms. Rice indicated the absence
of free parking is a major irritant to some citizens. Ms. Deptula mentioned the inavailability
of free parking at City Hall, Downtown parking is not CIS costly as the Beach, and there is free
parking at all locations on Saturday. The Commissioners agreed there be no change at the
Main Library and the three meters at the Beach Library be the same as Downtown.
Bav Aristocrat Village Mobile Home Park reauest re: Air Pistol shooting club
A letter dated January 29. 1993 from Bay Aristocrat Air Pistol Shooting Club requested
the Commission grant a variance to the prohibition of the discharge of an air pistol within City
limits, specifically, at their own private premise. Mayor Garvey reported she talked with the
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It was the consensus that this item be addressed immediately after Public Hearings.
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. ~ president of Bay Aristocrat Association who indicated the Board did not unanimously endorse
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this request. She reported the room in question is 44 ft. long and the pistol range would be
35 ft. long. In reply to CClmmissioner beegan's question, Ms. Rice said there is no variance
and Mr. Galbraith agreed the ordinance would have to be changed. Commissioner Fitzgerald
cited the shooting range at Shooters Shack and gun repair shops, adding such activity must
be covered by ordinance. Ms. Rice read Sec. 21.06 of the new Code and It was agreed staff
will research further.
Marv Dresser request to addr~ss Commission
In her letter dated January 27, 1993, Ms. Dresser specifically requested to adgendaed
to discuss and place a petition in the library regarding removal of parking meters at the Main
Library. The Commissioners agreed to allow Ms. Dresser three minutes to speak in this
regard. Replying to a question of Ms. Goudeau, Mayor Garvey indicated Ms. Dresser will
speak under Citizens to be Heard.
Public Inout re: Dunedin Pass
Other Commission Action
Ms. Berfield distributed a letter to the Commissioners from a citizen whom she did not
..<.L'~\ name regarding Jazz Holdiay. It was agreed Ms. Berfield would reply, with a copy to Barbara
1-.-.' Werner, Jazz Holiday committee.
The meeting adjourned at 11 ~57am. and reconvened at 12:02pm.
Other Commission Action
Commissioner Fitzgerald reported a bill addressing building liability and sovereignty
currently is being considered in Tallahassee. He indicated thatowners of homes not bullt
according to code could sue a municipality for failure to inspect construction. This legislation
was initiated as a result of Hurricane Andrew. Commissioner Fitzgeral'd said he anticipated
major problems owing to difficulties in inspecting all phases of construction. He suggested
communicating Commission opposition to the House Insurance Committee during the
Commissioners' February 24th Tallahassee visit. It was consensus to oppose this bill.
Mr. Galbraith suggested other matters for discussion in Tallahassee, Le. a bill to allow
ex parte contact with City Commission; a bill to establish exemption from the Sunshine Law
for attorney/client discussion regarding pending litigation; and a bill to eliminate dual
referendum elections. It was agreed that individual letters for each issue, signed by all. be
hand delivered to the City's delegation.
Ms. Rice asked for direction as to whether the Commission wanted to schedule a
special meeting to discuss space needs. She reported that useable space is 230 sq. ft. per
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person or 95,000 sq. ft. and indicated a delay of two weeks will jeopardize the time schedule.
It was decided to hold the meeting on February 23,1994 after te sign variance meeting
scheduled for that day.
Ms. Rice said the space needs presentation will not include Community Room needs
or credit union space,
The meeting adjourned at 12: 1 Opm.
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