12/07/1995 (2)
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1 .. COMMISSION
City Commission Minutes
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CITY COMMISSION MEETING
CITY OF CLEARWATER
December 7, 1995
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Present:
Rita Garvey
SUB A. Berfield
Fred A. Thomas
J. B. Johnson
Robert Clark
Elizabeth M. Deptula
William C. Baker
Pamela K. Akin
Scott Shuford
Rich Baier
Cynthia E. Goudeau
Patricia O. Sullivan
Mayor/Commissioner
Vice-Mayor/Commissioner
Commissioner
Commissioner
Commissioner
City Manager
Assistant City Manager
City Attorney
Central Permitting Director
Engineering Director
City Clerk
Board Reporter
The Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation was
offered by William C. Baker, Assistant City Manager. The Mayor led the Pledge of
Allegiance.
To provide continuity for research, items are in agenda order although not necessarily
discussed in that order.
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',.J ITEM #3- Service Awards - None.
ITEM #4 - Introductions and Awards
Proclamations:
Miniature Art Month - January 1996
Turkey Trot Awards: Iron Turkey Award - Parks & Recreation Department
Stuffed Turkey Award - Community Response Team
Skip Rogers and Bob Henderson of the St. Petersburg Times thanked the City
Commission for allowing the event and thanked staff for their cooperation and support.
Mr. Rogers presented a check to the City for $5,000 for greater Clearwater track teams to
compete in local and State competitions. Additional event proceeds will be donated to
Pinenes County Boys and Girls Clubs.
The Mayor listed the 22 awards received throughout the year by City Departments
and congratulated the recipients.
ITEM # 5- Presentations
a) Sand Key Beach Renourishment - Jim Terry
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Jim Terry, Pine lias County Chief of the Coast Management Section, reviewed beach
renourishment in Pinetlas County that started in the late 1960's and crosses jurisdictional
boundaries. He said the Federal and State governments playa major role. Funding comes
from $0.005 of tourist tax funds collected in Pinellas County and a state trust fund which
is not a true trust fund. Federal funds come from the water resources bill. The fifty-year
agreement to restore the Countyts shoreline signed this year by Pinellas County did not
include funding.
The first three phases of the current project provided renourishment for beaches in
south County. Phase IV encompasses the whole island of Sand Key from Johnts Pass to
Clearwater Pass. The USACE (U.S. Army Corps of Engineers) currently is preparing to
submit the required applications for this project. Funding from the County and Federal
governments is in place but the Florida Legislature has not yet committed State funds.
They will address that issue this session.
Mr. Terry said the Erosion Control Line needs to be revised. Two major points of
concern include participation by all Sand Key communities and State funding. Non-
participating communities, such as Belleair Shore, cause problems tha't hopefully can be
overcome.
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Commissioner Thomas questioned the "fall-back" plan should the State not provide
funding. Mr. Terry said his recommendation would be that affected communities should
raise funds for the project. He said the problem affects private property with buildings
constructed in a flood hazard zone. Besides beach renourishment, he could not
recommend any other stop gap method. Commissioner Thomas said the County has not
returned any property taxes to affected beach residents and felt PinelJas County has a
responsibility to protect their property.
Mayor Garvey referred to a recently completed survey regarding the status of sea
walls on Sand Key and noted only four properties require some construction. She
suggested owners of those properties approach the County for assistance.
Commissioner Thomas said the City should take a proactive stance and questioned
what other methods would protect the beach. Mr. Terry said structures, such as a
breakwater, can be effective if properly designed.
Commissioner Clark questioned if Mr. Terry recommended renourishment as the
best use of funds to protect the beach. Mr. Terry said other methods were examined but
indicated renourishment was the most cost effective method to protect the beaches. The
Mayor questioned if Federal matching funds are only available in conjunction with State
funding. Mr. Terry said the Federal government will match funds regardless of their
source. Commissioner Thomas questioned if the matching funds will expire on a specific
date. Mr. Terry said if a project is in position for action and nothing is done, those funds
will be assigned to other projects.
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. ~', Commissioner Thomas Questioned if it had been considered that renourished sand
could be washed away. Mr. Terry said engineering studies indicated sand will stay. He
said if there is a hurricane, however, "all bats are off."
Mayor Garvey said Federal funds will cover 60% of the projeces cost. Mr. Terry
said the State is expected to cover 75% of the remaining 40% of cost. The County will
fund the remaining 25% of the 40%. Mayor Garvey questioned if the Statets contribution
is expected to be $7-million. Mr. Terry agreed. He said tourist tax money will be used for
the Countyts contribution and indicated those funds are included in the Countyts budget.
The County retracted other projects from State consideration to concentrate on this one.
Commissioner Thomas questioned the cost of renourishing Clearwaterts portion of
the beach. Mr. Terry estimated renourishment of the portion of Sand Key in Clearwater
and Belleair would cost $15-million. Commissioner Thomas questioned if the project could
be accomplished with a "hole II in the middle where renourishment is not done. Mr. Terry
indicated sand will move into the "hole" and suggested it would be better to do the whole
island at one time.
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Commissioner Johnson questioned if it would be wise to construct revetments or
jetties before pumping in renourishment sand. Mr. Terry said it would behoove beach front
property owners to do whatever they can to protect their property. He agreed a wider
beach provides better protection of private property. The Mayor suggested private
properties install revetment while awaiting beach renourishment. She encouraged
residents to write letters to State legislators indicating the importance of funding this
project.
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Further discussion of this issue was scheduled for the January 16, 1996, Work
Session.
ITEM #6 - Aooroval of Minutes
Commissioner Johnson moved to approve the minutes of the regular meeting at
November 16, 1995, and the special meeting of November 13, 1995, as recorded and
submitted in written summation by the City Clerk to each Commissioner. The motion was
duly seconded and carried unanimously.
IJEM #7 - Citizens to be heard re items not on the Aaenda
James Warner, of the Sand Key Civic Association, requested the City install
coquina rock in front of 0.7 miles of seawall on Sand Key. He did not agree with the
conclusion of Marine/Structural Engineer Dave Tackney's recent survey. He said some
buildings have paid to replace the seawall and face additional expenses to repair structural
damage. He suggested the City not give up on State funding. He will meet next week
with Lt. Governor MacKay and reported the governor's aide he recently spoke with
indicated no money is available this year for renourishment.
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Nicholas Fritsch requested City funding for revetment on Sand Key and estimated
the engineering design would cost $22,250. Commissioner Thomas questioned the cost
of executing the project. Mr. Fritsch estimated the project would cost between $1-million
and $1.3-million. He also requested restoring beach access south of the Crescent Beach
condominiums. Assistant City Manager William Baker said that would be addressed.
", Dave Little reported the formation of the Clearwater Beach Chamber of Commerce
and said the organization is not the same as the Clearwater and Beaches Tourism Council
even though many are members of both groups. The new chamber will focus on tourism
on Clearwater beach, Island Estates and Sand Key. He said the first business meeting
attracted a good turnout. He distributed a handout.
John Doran thanked Florida Power for removing the unsightly box by the Civic
Center. He thanked the City for improvements made to "Barnett" park.
Charles Pollick said recent storms have devastated Sand Key's beach. He said
beach renourishment should be funded by the County General Fund, as well as tourist
taxes.
Marvsia Coates questioned the status of advertising Clearwater on CNN. The City
Manager recommended a first year budget of $150,000 and said staff will come back in
January with a specific media plan and report on development of a commercial. She
suggested advertising be directed to the Midwest and eastern U.S.
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Ms. Coates questioned the removal of a sign directing Memorial Causeway vehicles
to motels. City Engineer Rich Baier said he would question FOOT (Florida Department of
Transportation) and look into that matter. Ms. Coates questioned if signs, similar to those
directing traffic to Harnden Drive properties, could be erected on the north beach. Staff
will investigate. '
PUBLIC HEARINGS
ITEM #8 - Public Hearina - Aoorove FY 1994-95 Grantee Performance Reoort which
documents performance of City's COSG Program during FY 1994/95 (EO)
Regulations established in Section 570.507 and 570.509 of the CDSG (Community
Development Block Grant) Act of 1974, as amended require all program participants to
send HUD (US Department of Housing and Urban Development) a performance and
evaluation report. This report is to be forwarded to HUD by December 31, 1995, 90 days
after the end of the program year.
The Grantee Performance Report is the principle administrative report documenting
to HUD the City's expenditure of the funds. It serves as the basis for monitoring the
program for compliance and for financial audits. All unexpended funds contained in this
report were reallocated through the Consolidated Plan approved by the City Commission in
August 1995. The Grantee Performance Report will sunset at the end of this reporting
period and will be replaced by the Consolidated Plan Annual Performance Report.
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Commissioner Berfield moved to approve the FY (Fiscal Year) 1994/95 Grantee
Performance Report that documents the performance of the City's CDBG Program during
FY 1994/95. The motion was duly seconded and carried unanimously. .
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Economic Development Director Alan Ferri said public comment was solicited
regarding the City's performance for last year. Next year, one report will cover all
programs and will be an important part of the City's Citizen Participation Plan. Requests
for comment were advertised but no comments were received.
ITEM #9 - Public Hearina & First Readina Ord. #5920-95 ~ Amending Sec. 40.367, to
establish new parking requirements for the Beach Commercial Zoning District (LDCA 95-
18)
Parking regulations for two of the three pedestrian~oriented parking districts have
had recent modification to allow either changes of use for existing structures to not trigger
added parking (downtown) or eliminate parking requirements entirely (North Greenwood).
No similar modification has occurred in the third pedestrian~oriented district (Beach
Commercial).
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To resolve this issue, staff has prepared a Land Development Code amendment that
would exempt changes of use for existing buildings from City parking regulations and treat
the Beach Commercial district like the Downtown (Urban Center) districts. Shops along
Mandalay Avenue, etc., will not be required to provide added parking when a use changes
from retail to restaurant, for example. This change will improve the commercial viability of
non-retail uses in the beach commercial district. The Planning & Zoning Board unanimously
recommended approval of this ordinance.
Commissioner Johnson moved to approve a Land Development Code Amendment
modifying parking restrictions in Beach Commercial districts. The motion was duly
seconded and carried unanimously.
The City Attorney presented Ordinance #5920-95 for first reading and read it by
title only. Commissioner Berfield moved to pass Ordinance #5920-95 on first reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Thomas, Johnson, Clark and Garvey.
"Nays": None.
ITEM #10 - Public Hearing. & First Readino Ord. #5921-95 - Creating Div. 14 of Ch. 41, to
establish development standards for parking garages (LDCA 95-22)
This ordinance provides specific regulations for parking garages: 1) establishment of
specific setback and landscaping requirements; 2) a floor area ratio "bonus" for the retail
component; and 3) special requirements in pedestrian-oriented zoning districts.
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The Planning & Zoning Board considered this ordinance and unanimously
recommended approval subject to small revisions concerning reference to open space, floor
area ratio and building coverage. Staff included these changes in the ordinance.
DCAB (Development Code Adiustment Board) considered this ordinance and
recommended approval subject to the elimination of beach areas from "pedestrian-
oriented" areas. DCAB objected to including commercial areas of the beach in a
designation that contained "blighted" areas like downtown and North Greenwood. Staff
did not include the change recommended by DCAB because they feel Clearwater beach
constitutes a pedestrian-oriented area.
Commissioner Clark moved to approve a Land Development Code amendment
establishing requirements for parking garages. The motion was duly seconded and carried
unanimously.
The City Attorney presented Ordinance #5921-95 for first reading and read it by
title only. Commissioner Clark moved to pass Ordinance #5921-95 on first reading. The
motion was duly seconded and upon roll call, the vote was:
ItAyes": Berfield, Thomas, Johnson, Clark and Garvey.
ttNays": None.
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ITEM #11 - Public Hearino & First Reading Ord. #5942-95 - Amending Sec. 35.11, to
revise the definition for UDelicatessenH; amending Sees. 41.071 & 41.074, to provide for
conditional use permits for certain types of Alcoholic Beverage Uses (LDCA 95-21)
On October 2, 1995, the City Commission requested staff to bring forward
recommended modifications to the alcoholic beverage regulations adopted in January
1995. The ordinance addresses the following issues: 1) elimination of the "cap" on
percentage of floor area that can be considered as a conditional use by the Planning &
Zoning Board. Current code establishes a relatively small percentage range that the
Planning & Zoning Board can consider for allowing alcoholic beverage uses in certain types
of uses, e.g., shopping centers and retail complexes. These limits have created
considerable difficulties in processing applications for types of uses that exceed the "caps"
and 2) revisions to the definition of "delicatessen."
On November 14, 1995, the Planning & Zoning Board unanimously endorsed the
proposed ordinance with a minor modification to the definition of "delicatessen" that is
included in the ordinance.
John Doran, representative of the Clearwater Beach Association. said the group
addressed this issue in the context of restaurants and felt current limits are too restrictive.
Commissioner Johnson expressed concern this ordinance not involve residential areas.
Central Permitting Director Scott Shuford said this change would allow the Planning &
Zoning Board to address Conditional Use Permits in shopping centers.
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~-, Commissioner Berfield questioned why the original legislation was passed with a
cap. Mr. Shuford said staff had calculated the average maximum use for alcoholic
beverage uses in City shopping centers was 11 % and had suggested allowing the Planning
& Zoning Board to consider those uses up to a certain percentage. He recommended
dropping that cap and indicated shopping centers would lose that designation if alcoholic
beverage use rose above 51 %. Commissioner Berfield noted previous Commission
concerns that caps would limit the increase of alcoholic beverage establishments on the
beach. Mr. Shuford said that concern already was covered in ordinance provisions
addressing the beach. In answer to a question, he agreed more than half of a restaurant's
income cannot come from the sales of alcoholic beverages. He said uses that cannot be
considered are listed in the ordinance and none of the controls is being changed.
Commissioner Berfield questioned why this issue was brought forward. Mr.
Shuford said staff had received a number of requests. Commissioner Thomas said the
Pelican Walk development had requested this review. Commissioner Barfield expressed
concern the issue was returning for changes so soon after the Commission had spent more
than a year working on alcoholic beverage legislation. Mr. Shuford said he would write a
memorandum elaborating on the issue.
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Commissioner Thomas expressed concern the proposal would allow an increase in
the number of bars. nightclubs, and taverns. Mr. Shuford said current ordinances would be
effective to address problem uses. He said alcoholic beverage uses above 10% require
approval by the Planning & Zoning Board who can place conditions for a trial period. In
answer to 8 question, he said the Planning & Zoning Board can approve alcoholic beverage
uses up to 50% of a shopping center.
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Commissioner Clark moved to continue this item for staff to come back with
additional information and suggested changes. The motion was duly seconded and carried
unanimously.
Public Hearing . Second Readino Ordinances
lTEM #12 - Ord. #5749-95 . Amending the Comprehensive Plan of the City, including
amendments to the Future Land Use Element
The City Attorney presented Ordinance #5749.95 for second reading and read it
by title only. Commissioner Johnson moved to pass and adopt Ordinance #5749-95 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Thomas, Johnson, Clark and Garvey
"Nays": None.
ITEM #13 - Ord. #575~ - Amending Sec. 35.11, to revise definition of Open Space to
meet intent of impervious surface ratio requirements; amending various sections in Ch. 40,
to add language to the correlation of zoning districts section and the residential zoning
districts which will restrict density by the land use classification when it is more restrictive
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/', than the assigned zoning district; amending Sees. 40.261 & 40.262, to delete specific
residential subcategories in the PO Zoning District; amending Sec. 40.546, to increase the
FAR up to 1.0 for Hospital Uses in the P/SP Zoning District; amending Sec. 40.586 (2), to
replace minimum floor area ratio with maximum floor area ratio, and Sec. 40.586 (4), to
replace 136.029 with 42.28, both in the Preservation Zoning District: amending Sec.
42.06 (6)(b), relating to transfers of density
The City Attorney presented Ordinance #5750-95 for second reading and read it
by title only. Commissioner Thomas moved to pass and adopt Ordinance #5750-95 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
.tAyestt: Berfield, Thomas, Johnson, Clark and Garvey
"Nays": None.
ITEM #14 - Ord. #5856-95 - Land Use Plan Amendment to Institutional for property
located at 1221 & 1256 Bay Ave., 323 & 325 Pinellas St., and 1225 Reynolds Ave.,
Westover Sub., Blk. B, Lots 1, 2 & 17, C. Perry Snell's Bluff View Ct., Lots 22-24, and S.
J. ReynOlds Sub., Lot 8 (Morton Plant Hospital Association, Inc. and Evrnorphta M. Kralis,
LUP95-13)
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The City Attorney presented Ordinance #5756-95 for second reading and read it
by title only. Commissioner Berfield moved to pass and adopt Ordinance #5756-95 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Thomas, Johnson, Clark and Garvey
"Nays": None.
ITEM #15 - Orcl. #5857-95 - MPD Zoning for property located at 1221 & 1256 Bay Ave.,
323 & 325 Pinellas St., and 1225 Reynolds Ave., Westover Sub., Blk. B, Lots 1, 2 & 17,
C. Perry SnelPs Bluff View Ct., Lots 22-24, and S. J. Reynolds Sub., Lot 8 (Morton Plant
Hospital Association, Inc. and Evrnorphia M. Kralis, Z95-02)
The City Attorney presented Ordinance #5757-95 for second reading and read it
by title only. Commissioner Johnson moved to pass and adopt Ordinance 115757-95 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Thomas, Johnson, Clark and Garvey
"Naystt: None.
ITEM #16 - Ord. #5909-95 - Amending Sees. 28.10 & 44.08 to delete the requirement
that signs on vending machines be regulated as wall signs
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"Ayes": Berfield, Thomas, Johnson, Clark and Garvey
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-...... The City Attorney presented Ordinance #5909-95 for second reading and read it
by title only. Commissioner Clark moved to pass and adopt Ordinance #5909-95 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Nays": None.
ITEM #1 7 - Ord. #5922-95 - Annexation for property located at 2021 Sunnydale Blvd.,
Clearwater Industrial Park, part of Lots 6 & 7 (Morgan Tire & Auto Inc. and Don Olson Tire
& Auto Centers, Inc.. A95-23)
The City Attorney presented Ordinance #5922-95 for second reading and read it
by titte only. Commissioner Thomas moved to pass and adopt Ordinance #5922-95 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Berfield. Thomas, Johnson, Clark and Garvey
"Nays": None.
ITEM #18 - Ord. #5923-95 - Land Use Plan Amendment to Industrial Limited for property
located at 2021 Sunnydale Blvd., Clearwater Industrial Park, part of Lots 6 & 7 (Morgan
Tire & Auto Inc. and Don Olson Tire & Auto Centers. Inc., LUP95-28)
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The City Attorney presented Ordinance #5923-95 for second reading and read it
by title only. Commissioner Berfield moved to pass and adopt Ordinance #5923-95 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Thomas, Johnson, Clark and Garvey
.'Nays": None.
ITEM #19 - Ord. #5924-95 - IL Zoning for property located at 2021 Sunnydale Blvd.,
Clearwater Industrial Park, part of Lots 6 & 7 (Morgan Tire & Auto Inc. and Don Olson Tire
& Auto Centers, Inc., A95-23)
The City Attorney presented Ordinance 115924-95 for second reading and read it
by title only. Commissioner Johnson moved to pass and adopt Ordinance 115924-95 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Berfield. Thomas, Johnson. Clark and Garvey
"Nays": None.
ITEM 1120 - Ord. #5926~95 - Annexation for property located at 7 Dorado Place, Sec. 24-
29~15, M&B 11.07 (Roy S. & Renae Sachse, A95-24)
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ITEM #21 - Ord. #5927-95 - Land Use Plan Amendment to Residential Low for property
located at 7 Dorado Place, Sec. 24~29~15, M&B 11.07 (Roy S. & Renae Sachse, LUP95-
29)
AND
ITEM 1/22 - Ord. #5928-95 - RS-4 Zoning for property located at 7 Dorado Place, Sec. 24-
29~15, M&B 11.07 (Roy S. & Renne Sachse, A95-24)
Based on Roy S. Sachse's written request to withdraw this annexation request,
Commissioner Berfield moved to withdraw Items #20, #21, and 1122. The motion was
duly seconded and carried unanimously.
lTEM #23 - 'Ord. #5929-95 - Annexation for property located at 20162 US19N, Sec. , 8-
29-16, M&B 44.04 (Asa J. & Katherine G. Lewis, A95-25)
The City Attorney presented Ordinance #5929~95 for second reading and read it
by title only. Commissioner Clark moved to pass and adopt Ordinance #5929-95 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Thomas, Johnson, Clark and Garvey
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"Nays": None.
ITEM #24 - Ord. #5930-95 - Land Use Plan Amendment to Residential Urban for property
located at 20162 US19N, Sec. 18-29-16, M&B 44.04 (Asa J. & Katherine G. Lewis,
LUP95-30)
The City Attorney presented Ordinance #5930-95 for second reading and read it
by title only. Commissioner Berfield moved to pass and adopt Ordinance 115930.95 on
second and final reading. The motion was duly seconded and upon ro\l call, the vote was:
"Ayes": Berfield, Thomas, Johnson, Clark and Garvey
"Nays": None.
The Mayor suggested the ordinance should include the owners' address instead of
their post office box number.
ITEM #25 - Ord. #5931-95 - RM-8 Zoning for property located at 20162 US19N, Sec. 18-
29-16. M&B 44.04 (Asa J. & Katherine G. lewis, A95-25)
The City Attorney presented Ordinance #5931-95 for second reading and read it
by title only. Commissioner Johnson moved to pass and adopt Ordinance #5931-95 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
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"Ayes": Berfield, Thomas, Johnson, Clark and Garvey
"Nays": None.
ITEM #26 . Ord. #5932.95 - RS-6 Zoning for property located at 2370 Dora Dr., Rolling
Heights Sub., Lot 68 (Thomas E. & Helen J. Vernon, Z95-09)
The City Attorney presented Ordinance #5932-95 for second reading and read it
by title only. Commissioner Clark moved to pass and adopt Ordinance #5932-95 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Thomas, Johnson, Clark and Garvey
"Nays": None.
ITEM #27 - Ord. #5933-95 - RS-6 Zoning for property located at 601 Dora Dr., Rolling
Heights Sub.. Lot 21 (Frank J. & Minerva B. Antoniello, 295-10)
The' City Attorney presented Ordinance #5933-95 for second reading and read it
by title only. Commissioner Thomas moved to pass and adopt Ordinance #5933-95 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
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"Ayes": Berfield, Thomas, Johnson, Clark and Garvey
"Nays": None.
ITEM 1/28 - Ord. #5934-95 - RS-8 Zoning for property located at 1404 Orange St., Sunny
Park Groves, Blk. G, Lot 17 (Carl B. & Rachel J. Lowe, Z95-11)
The City Attorney presented Ordinance #5934-95 for second reading and read it
by title only. Commissioner Berfield moved to pass and adopt Ordinance #5934-95 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Thomas, Johnson, Clark and Garvey
"Nays": None.
ITEM #29 - Ord. #5935-95 - RS-B Zoning for property located at 1761 Cardinal Dr.,
Pine lias Terrace, Lot 68 less S 3' (Gerald L. & Christine M. Penhollow. Z95-12)
The City Attorney presented Ordinance #5935-95 for second reading and read it
by title only. Commissioner Johnson moved to pass and adopt Ordinance #5935-95 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Thomas, Johnson, Clark and Garvey
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"Nays": None.
ITEM #30 - Ord. #5936~~5 - RS~6 Zoning for property located at 2353 Dora Dr., Rolling
Heights Sub., Lot 8 (William R. Moberley, Z95-13)
"Ayes": Berfield. Thomas, Johnson, Clark and Garvey
The City Attorney presented Ordinance #5936-95 for second reading and read it
by title only. Commissioner Clark moved to pass and adopt Ordinance #5936-95 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Nays": None.
JTEM 1/31 - Ord. #5937-95 - RS~6 Zoning for property located at 2377 Dora Dr., Rolling
Heights Sub., Lot 12 (Beulah C. Bailey, Z95-14)
The City Attorney presented Ordinance #5937-95 for second reading and read it
by title only. Commissioner Thomas moved to pass and adopt Ordinance #5937-95 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Thomas, Johnson, Clark and Garvey
"Nays": None.
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ITEM #32 - Ord. #5938-95 - RS-8 Zoning for property located at 1700 EI Trinidad Dr.,
Virginia Grove Terrace, Blk. 2, Lot 1 (Stephen M. Dutzar, Z95-15)
The City Attorney presented Ordinance #5938-95 for second reading and read it
by title only. Commissioner Barfield moved to pass and adopt Ordinance #5938-95 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Thomas, Johnson, Clark and Garvey
"Nays": None.
ITEM #33 ~ Ord. #5940~95 - establishing rates for residential & non-residential reclaimed
water service to Island Estates, Memorial Causeway & Clearwater Beach and amending
various sections of the Code by referencing reclaimed water service
The City Attorney presented Ordinance #5940-95 for second reading and read it
by title only. Commissioner Johnson moved to pass and adopt Ordinance 1/5940-95 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Berfield, Thomas, Johnson, Clark and Garvey
"Nays": None.
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"Ayes": Barfield, Thomas, Johnson, Clark and Garvey
...-..., ITEM #34 . Ord. #5944-95 - Granting to Florida Power Corp. a non-exclusive electric utility
franchise to occupy municipal streets and rights-of-way in the City, for the purpose of
providing electric and power services~ prescribing the terms and conditions accompanying
the grant of franchise; providing for severability of provisions; for a period of 30 years
The City Attorney presented Ordinance #5944-95 for second reading and read it
by title only. Commissioner Clark moved to pass and adopt Ordinance #5944-95 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Nays": None.
Janice Case, Suncoast vice president of Florida Power, reported Florida Power
acce pts the franchise.
CITY MANAGER REPORTS
CONSENT AGENDA (Items #35-59) - Approved as submitted less Items 1135, #36, #37,
#41,#42, #48, #49, 1151 and #52.
ITEM #39 - See paoa 1 5.
I.':"'~)
~~.
ITEM #36 - See page 15.
ITEM #37 - See oaoe 16.
ITEM #38 - Purchase of diesel fuel from BP Oil Comoanv, Atlanta, GA, for the period
12/16/95-1'2/15/96, at an estimated $330,000 IGS)
ITEM #39 - Contract renewal for maintenance of the Gavlord Galaxv automated Iibrarv
system with Gavlord SYstems, Syracuse. NY. for the period 01/01/96-12/31/96, for
$38,367 (LIB)
ITEM #40 - lease Agreement with Advertising Information ManaQement, Inc., for Marina
building room 29, for the period 01/02/96-12/31/01, for $12,000 (MR)
ITEM #41 - See Daoe 16.
ITEM #42 - See oaoe 1 7.
ITEM #43 - Renewal of Agreement with the School Board of Pinel/as County providing for
joint use of facilities, for the period 01/01/96-1 2/31/00 ( PR)
ITEM #44 - Purchase & installation of reolacement Dlavground eauiDment for Wood Vallev
Park & Ed Wriaht Park , from Park Structures. tnc., for $43,547.76 (PR) .
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~.l~ .'.
/....... ITEM #45 - Purcbase of miscellaneous cast iron meter valve boxes. lids. etc.. from 8 & H
Sales. Utilitv Suoolv Grouo. Inc.. Sarasota. FL. for the period 12/08/95-12/07/96, for an
estimated $26.912 (PWI
ITEM #46 - Contfact for Mvrtle Avenue St9rm ReDlacement. between Court St. & Pierce
St.. to MTM Contractors. Inc., St. Petersburg, FL. for $193,113.50 (EN)
ITEM #47 - First Amendment to Lease Aareement dated 12/02/94 with Times PubUshina
~, regarding W 114' of Blk. 8, Magnolia Park Sub., extending lease term up to 7
additional months commencing 06/01196 and terminating 1 2/31/96, or earlier at City
option (EN)
ITEM #48 - See oage 19.
ITEM #49 - See oaae 20.
ITEM #50 - Contract for control of exotic clant sDecies in City owned lakes ell Dands to
Biolacieal Research Associates. Inc., Tampa, FL, for a period of 1 year, with option for a 1
year extension. for $48,050 (EN)
ITEM #51 - See oaoe 21.
ITEM #52 - See paae 22.
<:J
ITEM #53 - Aoorove revised Easement & Maintenance Agreement with Holland Westshore,
~, regarding construction of retrofit stormwater treatment area at Clearwater Mall (EN)
!I.EM #54 - Purchase of Two 1996 Mack Roffoff Trucks with hydraulic lift systems from
Tamos Maals Sales, Tampa, FL, for $163,000; financing to be provided under City's
master lease-purchase agreement {SW}
ITEM #55 - Receipt/Referral - LDCA revising the transfer of development rights
requirements (LDCA 95-23) (CP)
ITEM #56 - Receiot/Referral - LDCA implementing the Downtown Plan (LDCA 95-20HCP)
ITEM #57 ~ DrainaQe & Utilitv Easement - Morton Plant Life Services (CA)
ITEM #58 - Aoorove Joseph R. Cianfrone. Anthonv J. Comoaretto, Herbert E. lanoford.
..Jr.. Elizabeth R. Mannion. and Bonita Riggens as Civil Service Board Headna Officers {CA}
ITEM #59 - (Cont'd from 11/16/95) Purchase a oarcel of real estate containing
aooroximatelv 1.345 acres located at 1454 S. Greenwood Ave.. Sec. 22-29-15, from
Asimeno Corp., for $84,000 plus expenses for appraisal ($400), environmental inspections
($730) and title insurance ($690), for a total acquisition cost of $85,820 (EDI
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.---..., Commissioner Berfield moved to approve the Consent Agenda as submitted less
Items #36, #36, #37, #41, #42, #48, #49, #51, and #52 and that the appropriate
officials be authorized to execute same. The motion was duly seconded and carried
unanimously.
ITEM #36 - Purchase of various !nstatlation & reosir gas materials from Temoaco of
Pine lias, Clearwater, Fl, for the period 12/08/95-12/31/96, at an estimated $272,223
(GAS)
This bid represents the eGS (Clearwater Gas System) estimated annual
requirements for miscellaneous gas installation and repair parts. These fittings and gas
controls are required to service, repair and install new and existing gas appliances.
Only three known vendors in Florida sell appliance parts. Tempaco is the State's
largest gas parts supplier and the only vendor who submitted a bid. Staff supports
acceptance of the Tempaco bid which excludes PVC items, copper pipe, and copper
fittings. The other vendor, Coast Pump of Oldsmar, bid on 18 PVC items only. Staff
supports rebidding for the copper pipe, fittings, and PVC items as numerous plumbing
supply companies are located in the Clearwater area. These items were excluded from
this agenda item.
'.')
"''H-W'..'.
Commissioner Thomas questioned the current system of obtaining bids. The City
Manager said staff has no control if bidders choose not to respond. Commissioner Thomas
suggested staff call potential bidders and ask why they did not respond. City Manager
said that information was included in the summary sheet.
Commissioner Johnson moved to award an annual contract for December 8, 1995
to December 31, 1996, for the purchase of various installation and repair gas materials to
Tempaco of Clearwater, Florida, at an estimated cost of $272,223 which was the most
responsive and responsible bid submitted in accordance with the specifications, and that
the appropriate officials be authorized to execute same. The motion was duly seconded
and carried unanimously.
ITEM #36 - Purchase of various steel aas materials from Avanti Comoanv, Avon Park, Fl,
at an estimated $43,164.76 and from Equipment Control, Norcross, GA, ,at an estimated
$12,426.17, for the period 12/08/96-12/31/96, for an estimated total $55,590.93 (GAS)
The bid represents the CGS annual requirement for steel gas material to be ordered
as needed. The steel gas materials are required to construct certain new gas mains and
service lines. The five bids received were evaluated and vendors recommended based on
the quality of the material, the low bid price, availability and delivery time.
After evaluation, the Director of Gas Supply & Operations recommends awarding
the items as follows: 1) Group I Items 1-38 - The Avanti Company; 2) Group II Items 39-
57 - The Avanti Company; 3) Group Illtems 58-61 - Equipment Controls; 4) Group II Item
62 - The Avanti Company; 6) Group II/tem 63 - Equipment Controls;6) Group III Items 64-
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. , 68 - The Avanti Company; 7) Group IV Items 69-74 - The Avanti Company; 8} Group IV
Items 75-78 - Equipment Controls; and 9) Group IV Items 79-83 - The Avanti Company.
Commissioner Thomas said he agreed with this item as the five responses received
resulted in a competitive environment.
Commissioner Thomas moved to award an annual contract for December 8, 1995
to December 31, 1996 for the purchase of various steel gas materials to Avanti Company,
Avon Park, FL, at an estimated cost of $43,164.76 and to Equipment Control, Norcross,
GA, at an estimated cost of $1 2,426.17, which are the most responsive and responsible
bids submitted in accordance with the specifications, and that the appropriate officials be
authorized to execute same. The motion was duly seconded and carried unanimously.
ITEM #37 - Contract for installation of polvethvlene gas main on US 19. from SR 54 to 0.5
mile north of Ridee Road to UT1LX Core., Kent, WA, at an estimated $697,000 (related to
Pasco County Gas Expansion - Phase II) (GAS)
The City Manager said she was pulling this item because the recommended
contractor lost their license.
)
...,.'
ITEM #41 - Authorize City Manaaer to renew Agreement & aoorove Addendum No.2 with
the Pinellas County Sheriff to provide latent fingerprint examination and related services,
as well as crime scene services, including evidence & property storage, to the Clearwater
Police Dept., for the period 01/01/96-12/31/96, for $329,837.41 (PO)
Since January 1, 1994, the Police Department has had this contractual
arrangement with Pinellas County Sheriff's Office for latent print "examination, evidence
storage and crime scene processing. The contracfs total cost is $329.837.41 and
includes: 1) $61,256.48 - latent fingerprint services; 2) $27,220 - evidence storage; and
3l $241,360.93 - base workload of 2,000 crime scene processing calls based on rate of
$1 20.68 per call. The cost estimate is based on historical data of crime scenes processed
by in-house technicians and projected needs. The Sheriff used the data to establish
personnel and equipment needs.
Since the contract's inception. the Police Department has assigned one supervisor
and eight police officers to perform minor crime scene processing as part of normal duties
which allowed the City to remain under the 2,000 call threshold. During this time, staff
evaluated the in-house program by comparing benefits to cost. Effective January 1, 1996,
the City will discontinue the Crime Scene Officer program and all processing calls will be
handled by the Sheriff. This change will result in an increase of crime scene calls handled
by the Sheriff and may exceed the 2,000 minimum call level identified in the contract. All
calls, in excess of 2,000, will be billed at a contract cost of $120.68 per call.
Whlle some additional costs may be incurred, a department savings will result as
each subject officer currently receives 5% assignment pay and the available work force of
the eight officers will increase. This is the last renewal year of the contract. Managing
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crime scene processing calls without the in-house program will provide a true accounting
of needs for 1997 when a new contract will be negotiated.
The Police Department has been satisfied with all Sheriff's Office services during
the previous contract period. Last year, the Sheriff's Office handled 1,888 calls. This Is
the final year of a two-year option in the original contract that allowed a rate increase up
to 4.25%. The increase of $13,122.87 is 4.25% over the $316,714.54 paid last year.
Addendum #2 addresses the monetary issues with no other significant changes. The
Latent Services section is related directly to the amount of personnel services required to
service Clearwater's needs.
Commissioner Thomas noted costs have escalated and questioned if the price is
getting out of line. Chief Sid Klein said this program is much more cost efficient than
providing these services in-house. He said the cost also includes all additional supporting
services, equipment and court testimony. In answer to a question, he said discontinuing
the Crime Scene Officer program would save the City $20,000 a year not including
savings in time by allowing officers more time to patrol.
~~)
Commissioner Clark moved to authorize the City Manager to renew the Agreement
and approve Addendum No.2 with the Pinellas County Sheriff to provide latent fingerprint
examination. and related services, as well as crime scene services including evidence and
property storage to the Clearwater Police Department for a period of one year from
January 1, 1996 and concluding December 31, 1996, for a total cost of $329.837.41,
which is the minimum sum due for all services to be rendered during the term of this
Agreement and that the appropriate officials be authorized to execute same. The motion
was duly s'econded and carried unanimously.
The Commission recessed from 8:05 to 8:19 p.m.
ITEM #42 - Purchase of Dotica dispatch center eauioment. consoles. console electronics.
related hardware & software and addition of an 11th freauencv to City's radio system
from Ericsson Inc., Tampa, FL, for a not-to-exceed $925,000; financing to be provided
under City's master lease-purchase agreement (PO).
Replacement of obsolete dispatch center equipment and upgrades to the City's
radio system to support planned mobile data applications and growth potential are
proposed with the Police Department's move to a new headquarters building. The current
site controller CML switch is obsolete. no longer supported, and costly to service. An
Ericsson CEe (Console Electronics Controller) is a software-based platform that minimizes
the need for spare parts, simplifies repairs and eases field maintenance. New features can
be added to the system without costly hardware upgrades. The City will receive a
$161 ,305 trade-in allowance for the existing switch.
. The current Digital Equipment POP System Manager is non-supported. does not
provide single point of data base management, and will not function with the new CEe. A
VAX system manager will provide a single database for system and consoles that
simplifies system management and increases officer safety through timely unit identifier
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.' -.....
changes. The seven-year old modular radio consoles are costly to repair and can be
replaced with the C3 Maestro dispatch consoles that are computer~basBd, have lower
initial cost and Bre less costly to maintain. Some features that will enhance efficiency and
officer safety include caller to display, recent call history, and emergency alarms. The City
will receive a trade-in allowance of $1 ,000 each for 1 2 existing consoles.
The proposal includes a CNI (conventional network interface) that will provide a
seamless patch to conventional repeaters and greater interoperability between the Police
Department and other conventional law enforcement agencies, including the County's 800
MHz system.
Although the City radio system is licensed for 11 radio channels, the truncked
system utilizes only 10 channels. Installation of the 11 th channel will upgrade the system
to full, licensed capacity, facilitate the planned mobile data project, and allow additional
capacity.
The contract includes linking the communications center with the radio tower site
on S. Missouri Avenue via telephone data lines that can be upgraded to fiber optic as
funding becomes available. The contract will replace modular consoles at the City Radio
Communications shop and Gas System dispatch office, provide for emergency back-up
radio equipment for the Emergency Operations Center, Police dispatch center, and
administrative offices in the new Police headquarters building.
.. -.')
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If the City elects not to make the upgrades now, existing obsolete equipment will
have to be dismantled and moved. Police and Gas/Public Works dispatchers will have to
operate from hand-held or converted mobile radios for the duration of the move, which
could take several days. Moving existing equipment is estimated to cost $100,00.
This contract does not include FCC (Federal Communications Commission) fees for
license modification for the additional radio frequency, nor required modifications to
microwave equipment on County-owned tower sites. These costs, estimated not to
exceed $5,000, will be absorbed within the operating budgets of the Police Department
and General Services Department.
Due to the proprietary nature of radio systems and to ensure seamless compatibility
with the existing Ericsson radio system, this equipment is available only from Ericsson, Inc.
which has established a project completion date of June 4, 1996.
Chief Klein said the system will allow Police Officers to talk car to car with other
law enforcement agencies. The 11 th channel will enhance the ability of the laptop
computers that will be installed in each patrol car. The system will also provide additional
loading capacity for the automated vehicle location feature which will be mounted in patrol
cars to transmit a signal to track the vehicle and enhance officer safety. Chief Klein said
in case of a major disaster, the City will have the only local radio system that can
communicate with other GE Ericcson systems in HHlsborough and Pasco counties and with
the Pinellas County Sheriff. The City cannot currently communicate with other counties.
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Commissioner Berfield moved to award a contract to Ericsson Inc., Tampa, FL, for
the purchase of police dispatch center equipment, consoles, console electronics, and
related hardware and software, and the addition of an 11 th frequency to the City's radio
system for a not-to-exceed cost of $925,000 in accordance with Section 2.564(b) of the
Clearwater Cod of Ordinances (sole source), financing to be provided under the City's
master lease-purchase agreement, and that the appropriate officials be authorized to
execute same. The motion was duly seconded and carried unanimously.
"~"", In answer to a question, he said this system can communicate with Motorola equipment
used by the County.
ITEM #48 - Coooerative Agreement with SWFWMD for ioint funding for habitat restoration
& enhancement at Coopers Point, in an amount not to exceed $100,000 (EN)
In June 1995. the City Commission approved the Engineering/Environmental
Management 5-year Capital Watershed Plan and Water Resource Project document that
included a project for Habitat Restoration and Management of Coopers Point. This agenda
item covers the project's first phase and includes environmental restoration of the Point.
The project's second phase is not covered by this agenda item and will feature
environmental education.
'i ~, :.
In July 1995, the City Commission approved an interlocal agreement between
Pine lias County and Clearwater for the management of Coopers Point that formally
acknowledged City management. preservation and protection of the property in its natural
state. subject to certain limitation and provisions for improvements for environmental
purposes. On August 22. 1995, Pinellas County ratified the agreement. .
City Engineering/Environmental Management staff has negotiated SWFWMD
(Southwest Florida Water Management District) cooperative funding of $100,000 through
their SWIM (Surface Water Improvement and Management) program for habitat restoration
and enhancement at Coopers Point. Delara, and along Bayshore Boulevard; total project
costs not to exceed $200,000. Since SWIM has developed a cost-effective and timely
approach to habitat restoration, they typically have taken the lead role for the restoration
phase of these types of projects. SWFWMD will engage an environmental consulting firm
to perform the design, permitting, and construction management for habitat restoration
and enhancement purposes where applicable. The project's first phase will be limited to
exotic and nuisance plant removal, regrading to proper elevations for the establishment and
maintenance of open water and marsh habitats and re~establishing or reconnecting tidal
restricted water features to increase and improve water circulation and quality. Native
wetland communities will be planted in created or enhanced intertidal areas. Features
such as boardwalks, educational displays and interpretive centers will not be included in
phase one.
Staff will have the opportunity to review and approve a detailed project budget and
have technical oversight at the preliminary design and progressive stages of the project.
The cooperfltive agreement is fully consistent with the City's 5-Year Capital Watershed
Plan and Water Resource Project Summary Document approved by the City Commission in
......".1
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.,., June 1995. On October 18, 1995, the Environmental Advisory Board recommended
approval of the Agreement. Although total project costs will not exceed $200,000, the
City will only reimburse SWFWMD for 50% of the project costs for an amount not to
exceed $100,000.
Commissioner Thomas questioned what citizens will get for this money as it is
impossible for them to access and enjoy the subject property. Mr. Baier said Phase II will
include a classroom facility. This phase is to restore the property to its natural state.
Commissioner Thomas questioned when Phase II would be implemented and its cost. Mr.
Baier said he would forward information regarding the cost to the Commission but
estimated it would cost considerably more than Phase I. He indicated a budget for the
project is included in the 5-year stormwater plan.
Commissioner Clark questioned if the City has met with the school board regarding
the planned classroom. Mr. Baier said Clearwater Christian College has not committed to
the project but staff is working with the school board.
Commissioner Clark moved to approve the Cooperative Agreement between the
Southwest Florida Water Management District and Clearwater for joint funding for habitat
restoration and enhancement at Coopers Point in the amount not to exceed $100,000 and
that the appropriate officials be authorized to execute same. The motion was duly
seconded and carried unanimously.
" ')
.....~
ITEM #49 - Agreement with U.S. Geoloaical Survey to perform water resource
investigations within the City, in an amount not to exceed $50,000 (EN)
The City has completed the final year of the surface water monitoring program that
began in 1992 to characterize conditions of City surface water resources. A final report is
being developed. This baseline characterization was designed to provide data for
understanding water resource system dynamics, and serve as a foundation for long term
resource management and restoration decisions. The water quality monitoring program
will be modified for the next three years to target specific areas of interest while
maintaining a less intensive monitoring program for other watersheds.
The Surface Water Quality Monitoring Report for FY (fiscal year) 1992/93, indicated
the Alligator Creek watershed contributed the highest pollutant load at the point of
discharge from the City to another jurisdiction. the city of Safety Harbor, and subsequently
Tampa Bay, a SWIM (Surface Water Improvement and Management) Program water body
and Estuary of National Significance. For FY 1996, Alligator Creek has been targeted for
further investigation in the modified surface water quality monitoring program.
An agreement has been negotiated with the USGS (U.S. Geological Survey) for
services comparable to those performed under contract with SWFWMD (Southwest Florida
Water Management District) to install three stream gauges within the Alligator Creek basin
to provide continuous flow measurements. and for the collection and analysis of specific
stormwater event samples in FY 1996. While instantaneous flow measurements were
taken during the initial baseline characterization study, validation of this data for use in
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-. determining gross flow rates is necessary to validate statistically the data set. Once the
equipment is installed, USGS can perform a significant portion of this work remotely and
limit errors.
The agreement is consistent with the Cityts 5-Year Capital Watershed Plan and-
Water Resource Project Summary Document approved by the City Commission in June
1995. On October 18, 1995. the Environmental Advisory Board recommended approval of
the contract,
. Commissioner Thomas questioned the benefit citizens will receive from this project.
Mr. Baier said some of the City's worst water bodies will be monitored. Once data is
returned, staff can go forward with the clean up of Clearwater Harbor. He said staff will
bring forward a plan to clean up the harbor that is similar to the Tampa Bay National
Estuary Program. '
Commissioner Thomas moved to approve the Agreement with the U.S. Geological
Survey, an agency of the Federal Government, to perform water resource investigations
within the City of Clearwater in the amount not to exceed $50,000, and that the
appropriate officials be authorized to execute same. The motion was duly seconded and
carried unanimously.
,..:~)
ITEM #51 - Aoorove McKim & Creed Work Orders for engineerina services for Island
Estates Reclaimed Water Distribution System and evaluation of NE Reclaimed Water
System, for $404,500 (EN)
On October 5, 1995, the City Commission authorized staff to prepare a work order
for engineering services to design the reclaimed water system for Island Estates. The
work order for the "Island Estates Reclaimed Water System" includes planning, design and
construction services for the pumping facilities, storage, transmission piping and
distribution piping for $395,700. The fee for the work order, "Evaluation of Northeast
AWT Facility and development of implementation strategies for expanding reclaimed water
service," totals $8,800.
The work orders were prepared with McKim & Creed Engineers (formerly Briley,
Wild & Associates) who continue to provide engineering services to the City and have
previously designed all the treatment facilities producing water for reuse. McKim &
Creed's familiarity with existing facilities and the permitting aspects of the existing and
proposed systems will reduce engineering costs to develop the reclaimed water system.
Staff and McKim & Creed have been involved in preliminary planning activities regarding
pipeline routing and facility sizing and have evaluated trench.less construction techniques
to reduce construction costs and disruptions in areas where pipe systems will be installed.
McKim & Creed designed the existing Northeast reclaimed water system. This familiarity
will be advantageous in the evaluation of increasing the service area for this reclaimed
water system.
Residents of Island Estates have requested replacing existing overhead power lines
with underground utilities, The City is considering construction of these utility relocations
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simultaneously with the installation of the reclaimed water system if overall cost savings
result. McKim & Creed will assist in coordinating utility relocation with the design and
construction of the reclaimed water system. All funding will be provided through a special
assessment properly established and approved by the City Commission before
implementation.
Commissioner Thomas questioned if this contract is above what the City
Commission previously approved. Mr. Baier said no money has been spent on the project
yet. The Commission only approved the first reading of the rate structure and granted
permission to staff to begin negotiations on this contract. He said these contracts cost
less than originally estimated. Commissioner Thomas said he wanted the public to be
aware this is the time for bricks and cement. Mr. Baier reported the City has applied for a
grant for the project from the Pinellas Anclote River Basin Board.
Commissioner Thomas moved to approve McKim & Creed Work Ord/3rs for
Engineering Services for Island Estates Reclaimed Water Distribution System and
Evaluation of Northeast Reclaimed Water System in the Amount of $404.500 and that the
appropriate officials be authorized to execute same. The motion was duly seconded and
carried unanimously.
ITEM #52 - Aoorove suoolemental contract with HDR Enaineering to oerform a State
Environmentallmoact Report (SEIR) related to Memorial Causeway Bridge Replacement
Study, for $860,000; approve an interfund Joan of same amount from Central Insurance
Fund. ~earing interest at cash pool rate, to be repaid with Penny for Pinellas collections on
or before 09/30/97 (EN)
. I
..........;
According to provisions of Section IX of the Memorial Causeway Bridge Agreement,
dated October 21, 1994, the maximum allowable completion is 18 months away. The
consultant shall strive for a completion date of not more than 15 months.
The tl Memorial Causeway Bridge Feasibility Study Report, It completed in July 1995,
in cooperation with the City and FOOT (Florida Department of Transportation), addressed
replacing the Memorial Causeway Bridge. The study, conducted by HDR Engineering, Inc.,
determined the feasibility of replacing the existing bascule bridge with a higher bascule or
a high-level fixed-span bridge. The objective was to provide a functionally safe, cost
effective bridge that is aesthetically compatible with downtown and Clearwater beach.
The feasibility study evaluated nine alternatives for replacing the existing bridge and
analyzed three corridors. The study recommended: 1) a four-lane high-level fixed bridge
connecting to Pierce Boulevard - Alternative P4A and 2) a four-lane high-level fixed bridge
connecting to Pierce Boulevard with channel relocation - Alternative P4. The benefit cost
analysis indicated a positive economic value to replacing the bridge with a high-level fixed
structure. The technical work and results of the report will be used to supplement the
SEIR (State Environmental Impact Report) work effort.
The general objective of the SEIR is to provide documentation necessary for the
City to choose the typo, design, and location of a replacement bridge for Memorial
Causeway and to qualify the project for State funding. All factors related to the facility's
',--,
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......"IIt~. . . ~ .,....,....... ~............_~._____ ...~_'" _ _._........._.. ...~ . + ' . . " . I I . ,I " . I...
design and location will be considered, including transportation needs, social impacts;
economic factors, environmental impacts and engineering analysis to maintain eligibility for
State and Federal funds, if available. If it is determined later that Federal monies are
available. this contract allows for an amendment to increase the scope of work to
accommodate a full PD&E (Project Development & Environmental) Study without
duplication of effort or cost.
The study will focus primarily on the Pierce Boulevard alternatives. A "no build '1
alternative is required and other alternatives that become apparent during the study aJso
will be considered. The study's specific objectives are to prepare a series of reports
documenting the requirements for preliminary design, including existing and predicted
conditions, typical sections, right-of-way requirements, environmental impacts and costs of
the alternatives. HDR Engineering, Inc. Will evaluate the aJternatives and make
recommendations. Documentation will be developed in compliance with all applicable
State and Federal regulations, including the FOOT's PD&E Manual and Chapter 339.155 of
. the Florida Statues governing the conttJnt and development of this type of study.
The contract between the City and HDR Engineering, Inc. allows the City to
negotiate a supplemental agreement to continue the studies necessary to replace the
bridge. HDR Engineering, Inc. is recommended to continue under the existing contract, as
amended by this supplement, to conduct this phase of the study effort. The supplemental
agreement and scope were negotiated with the City Engineer and concurred with and
reviewed by FDOT District 7.
"'
)
....~/;-.,.
Funding for this contract will be provided from "Penny for Pinellas" infrastructure
tax collections originally budgeted for the Druid Road Widening Project which has been
scaled back from a $4-million project to approximately $3.1-million. Because the Druid
Road Widening Project was not scheduled for funding until FY 1996/97, an interfund loan
from the Central Insurance Fund will be necessary to provide funds for this contract.
Commissioner Thomas said he wanted the public to know the City is spending
money to initiate this project. Mr. Baier reported staff had approached the MPO
(Metropolitan Planning Organization) regarding this project and had given a presentation.
They will return to the MPO in the Spring. He noted pause points are included in the SEIR
contract to allow the study to be upgraded to a PD&E (Project Development and
Environmental Study) should the Commission decide that is appropriate. He said the
project includes somB aesthetic considerations for residents of Pierce 100. Commissioner
Thomas said this investment may help the project to attract State money. Mr. Baier said
FDOT (Florida Department of Transportation) will contract repair of the bridge in May
1996. FDOT will scrap the project if the City provides sufficient notice that Clearwater
has committed to replacing the bridge.
Commissioner Thomas moved to award a supplemental contract in the amount of
$860,000 to perform a SEIR (State Environmental Impact Report) in accordance with
FDOT (Florida Department of Transportation) requirements detailed in the Scope of Work
to HOR Engineering and approve an interfund loan in the same amount from the Central
Insurance Fund, bearing interest at the cash pool rate, to be repaid with Penny for Pinellas
....."J
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............., Collections on or before September 30, 1997, and that the appropriate officials be
authorized to execute same. The motion was duly secondod and carried unanimously.
OTHER ITEMS ON CITY MANAGER REPORT
ITEM #60 ~ Purchase of Clearwater Housina Authoritv CCHA) Prooertv
The CHA (Clearwater Housing Authority) indicated they want to purchase the
Pioneer Bank building at the intersection of Cleveland and Lincoln Streets for an attractive
price before the end of the year. Should the downtown lake project go forward, CHA's
property, at 210 Ewing Avenue. is one of the parcels the City would need to acquire. CHA
cannot commit to the Pioneer Bank property without assurance the City will purchase their
1.73 acre Ewing Avenue property.
In a November 21, 1995 memorandum, Mr. Baker suggested the City consider the
need to provide stormwater treatment downtown. Even if the downtown lake is not built,
this property could be used in a reconstruction of the concrete holding basin on Pierce
Street with a natural sodded earthen bank and increased size.
,,,~.,\
"__,.J
Mr. Saker indicated an appraisal conducted fast year sets the value of the property
at $850,000, including a 42.459 square foot building. Because of Charter requirements.
the proposed sales contract is contingent upon a second appraisal being no more than 3%
different with the price of $850,000. The proposed contract is unexecuted and subject to
further refinement by both parties.
The City Attorney said the way the contract is structured. the City will make a
$600,000 payment within 15 days even though the City will not have completed due
diligence. She expressed concern the City could end up with a mortgage on the property.
Commissioner Thomas said the suggestion was crazy. Mayor Garvey questioned if there
was any way the City could help with the CHA with the purchase. The City Attorney said
the contract is legal and it can be approved.
Howard. Groth, representing the CHAt said the CHA has a December 31, 1995,
deadline for the purchase of the Pioneer Bank building. He indicated the opportunity came
up at the last moment. Commissioner Thomas said bridge financing is needed and
suggested the CHA approach banks for funds.
Mayor Garvey questioned how long it would take to get a second appraisal. Mr.
Baier estimated that would take about four weeks. The City Attorney indicated an
appraisal was done on the property one year ago. Commissioner Thomas questioned how
long an appraisal is valid. The City Attorney said she would confirm that.
Commissioner Clark said he was suspicious that a deadline was looming so quickly
on a building that has been vacant for years. He expressed concern that $850,000 of City
money was being requested. He did not think the investment was of value to taxpayers.
Mayor Garvey said the City needs the CHA property to improve the retention pond on
Pierce Street.
t '
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.-..........
Commissioner Johnson said he had several concerns, including the immediacy of
the request. He expressed concern approval would be based on the assumption the City
needs to build a downtown lake. He questioned if taxpayers should purchase the CHA
property although he agreed the agency needs a newer building. He suggested tho proiact
needs further study. The Mayor said the issue does not presume a lake will be built.
Commissioner Johnson said the pond can be cleaned-up without purchasing the CHA
property.
Commissioner Thomas said he was not ready to approve a downtown lake at this
time and did not feel this is a lake issue. He noted the CHA property would help alleviate
the pond's environment. He expressed concern regarding the proposed contract and said
he would like to approve the project if it met Charter restrictions. The City Attorney said.
according to the contract, CHA has to pay the loan within 90 days whether or not they
>" ....-...-
close on the building. In answer to a question, Mr. Groth said CHA has the funds to pay
back those funds. It was noted another offer will be accepted on the Pioneer Bank
building if CHA does not meet the deadline. Mr. Groth said the building would be used as
a public facility. He said the Pioneer Bank building is the only downtown property that can
accommodate adult day care and congregate dining.
)
.-"
Commissioner Thomas questioned what would happen if the appraisal values the
property at a lower amount than has been proposed. CHA Executive Director Deborah
Vincent said that would have to be decided after the appraisal is done. She said CHA has
done due diligence and indicated the proposal is a good deal. She said the CHA is not
eager to move into a new building but indicated this opportunity has presented itself for a
building in a good location.
Commissioner Berfield recommended the CHA approach a bank to lend them funds
until they have them available in 6 weeks. Mr. Groth said the time constraints are a
problem. Commissioner Berfield indicated this proposal was first discussed in October.
Mr. Groth said discussion of the need to move began then. With enough time, CHA could
complete the process without City help. Ms. Vincent said the CHA could approach a bank
but noted there is no need tor the CHA to move unless the City wants their current
building to address downtown drainage issues.
Commissioner Berfield questioned why the pond cannot be cleaned without the
CHA property. Mr. Baker said staff wants to remove the surrounding walls and slope the
sides to make a more natural pond. Commissioner Berfield Questioned if the City
Commission had voted to do something about the basin. Mr. Baker indicated they had not.
Commissioner Berfield said if the City Commission approves this proposaJ, they are voting
in favor of pond improvement. Commissioner Thomas recommended doing what can be
done to clean the pond. Commissioner Berfield said the issue had not been decided and
questioned if the subject property also could be incorporated into a downtown lake. Mr.
Baker said that was the case and explained how the pond could be improved. He said
redeveJopment rules require retention be provided. Future redevelopment projects could
contribute to the cost of the pond project.
'(...rr:#
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........ Commissioner Thomas moved to approve purchase of Clearwater Housing
Authority's 1.73 acre Ewing Avenue property that includes a 42,459 square foot building
for $850,000. There was no second.
Commissioner Thomas urged the City Commission to reconsider and noted the
purchase would clean up a serious drainage problem in downtown. Commissioner Clark
expressed concern regarding adding more property to the City's land inventory. He
resented being placed in this difficult position because of a convoluted land deal.
Commissioner Clark questioned if the problem with the current pond could be
solved without purchasing these 1.73 acres. The City Manager said the problem could be
solved. Mr. Baier said the major problem with the current pond is that it is a closed end
canal. He said some corrections could be made but they would not increase the pond's
retention or solve downtown flooding. Mr. Baker said the pond will lose some detention
when the banks are sloped. Commissioner Thomas questioned if the cllrrent situation
could be upgraded. Mr. Baker suggested it could with another aerator.
\
.....,./
Commissioner Barfield expressed concern the City Commission is trying to solve a
flooding problem piecemeal. Commissioner Thomas said this recommendation would set
direction and indicated stormwater. treatment capabilities on the site could be sold.
Commissioner Berfield said before the City Commission considers this deal, staff should
come back with alternate plans to address storm water problems in the entire, downtown
area. Commissioner Thomas said this proposal would start to solve the downtown
stormwater issue. Mayor Garvey agreed this would be a start to deal with the problem.
Commissioner Berfield said if the City does not want CHA's current property, there is no
reason for them to move. Mayor Garvey noted problems could occur it the City decides it
wants the CHA property at a Jater date. Commissioner Berfield said a better building could
become available for CHA relocation.
Mr. Groth said the CHA property was offered to the City to specifically address
water quality downtown. Commissioner Johnson said he supported CHA but was not
prepared to spend this much money now.
Commissioner Clark questioned if the City could help facilitate CHA's purchase of
the Pioneer Bank building. Mr. Groth said the CHA does not have the means to own two
properties.
ITEM #61 - Contraction I De-annexation for orooertv located at 3001 Sunset Point Rd.,
Sec. 4-29-16, M&B 23.03, .063 acres m.o.!. (Roetzer, A93-30, LUP93-41) (CP)
The subject property, on the south side of Sunset Point Road, is approximately
1,250 feet west of McMullen-Booth Road and was once in Pinellas County jurisdiction. On
December 2, 1993, the applicants petitioned the City for annexation to receive sanitary
sewer service. On December 8, 1993, the County issued a building permit for the
construction of the applicants' single family residence. On March 17, 1994, the subject
property was annexed by the City. On May 19, 1994, the County issued a permit for
construction of a fence along Oak Forest Drive. According to the petition, that fence was
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erected on June 7. 1994. The fence does not meet City standards and a notice of violation
was issued on June 9, 1994. The County permit is Invalid because the property was
annexed into the City before the issuance of the County permit. The fence's construction
is classified as after the fact action.
.' The subject property meets the general criteria established for voluntary annexation
as established by State Statutes. It lies within Census Tract 268.04, Block 1 and 2 as
shown on the map for 1990 Census Tracts and Incorporated Areas in Pinellas County.
The subject property is located in the City Planning Area and is surrounded by residential
properties. It is contiguous to existing City limits and is served and accessed from Sunset
Point Road (SR 588) and Oak Forest Drive, a City road. Sunset Point Road is paved and
maintained by the County and has a 100 foot right-of-way. The rights-of-way for Oak
Forest Drive North and West are platted 60 feet. They are paved. curbod, and maintained
by the City. Sanitary sewer is available from a line on Oak Foreat Drive West. The City
has an 8-inch water line on the south side of Sunset Point Road and a 6-inch water line on
the east side of the subject property. A City fire hydrant is located within 50 feet.
" )
\.t-",1'
Per City Code Section 37.21 (1-8), property standards of procedure were followed
when the subject property was annexed. The applicants submitted three copies of sworn
and signed petitions for annexation, including all relevant documentation in compliance
with the voluntary annexation requirements. On January 20, 1994, the City Commission
received the petition for Annexation, Future land Use Plan Amendment to Single-Family
Residential "Six" (RS-B) and referred the request to the City Clerk to be advertised for
public hearings. The request was duly advertised for public hearings on February 2 and
February 10, 1994.
On February 1 5, 1 994. the Planning & Zoning Board unanimously endorsed the
application. On March 3, 1994, the City Commission approved Ordinances #5545-94,
#5546-94. and #5547-94 on first reading which set the parameter for the annexation. On
March 17, 1994, the City Commission adopted and passed the ordinances on second
reading, thereby annexing the subject property into the City.
Subsequent to annexation, and in accordance with Florida Statutes 1 71 .044(3),
certified copies of the ordinance. including the map, were filed in a timely fashion on
March 23, 1994, with the Clerk of the Circuit Court, the County Administrator of Pinellas
County, and the Florida Department of State.
Based on the annexation's effective date, and in accordance with State Statute
171.062, an area annexed to a municipality is subject to all laws, ordinances, and
regulations in force in that municipality. The applicants did not comply with applicable City
regulations when they constructed the fence along Oak Forest Drive. On June 30, 1994,
the applicants requested approval of height variances to allow the construction of two
fences in structural setback areas from the street rights-of-way. One fence, proposed to
be six-feet high, was to be constructed along Sunset Point Road where the property is
addressed; City code restricts fence height in this area to 30~inches. The second fence, a
six-foot high. non-opaque chain-link fence, was erected along the property line where the
rear yard adjoins the Oak Forest Drive right-of-way. Fences in this location have a height
.....~
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.~.-\ limitation of four feet. On July 28, 1994, DCAB (Development Code Adjustment Board)
denied the variances because granting them would not be in harmony with the general
purpose and intent of the land development code and comprehensive plan, and would be
injurious to surrounding properties. The applicants appealed the decision to the State of
FJorida Division of Administrative Hearings. On January 10, 1995, DCAB's decision was
upheld at an administrative hearing
The applicants wish to de-annex from the City because they have installed a six-
foot fence that is lawful under County Code but unlawful under City Code According to
Florida Statute 171 .051, contracting municipal boundaries requires that the property to be
excluded did not meet requirements for annexation under Florida Statute 171.043. This is
not the case as the applicants fully met the legal requirements for annexation.
Commissioner Berfield moved to deny the petition for contraction/de-annexation for
Part of the SW 1/2 of the SW 1/4 of Section 4-29-16, M&B 23/03 as the applicants do
not meet the statutory requirements for contraction under Florida Statues 171.051 (2).
The motion was duly seconded and carried unanimously.
ITEM #62 - Telecommunication System - Municioal Services Buildina. Police Headauarters.
Municioal Garage & City Hall - Purchase Contract to Sprint-United telephones of Florida to
provide a new PBX based telephone system for $978,811.98; approve $80.000
expenditure to various suppliers for components of a 911 emergency system; consider
additional $184,000 expenditure for a teleconferencing system (TS); for a grand total of
$1,242,811.98 with TS, $1,058.811.98 without TS; funding of PBX system & TS to be
) provided by City's master lease-purchase agreement (CM)
+....."1
The two options for business phone service are 1) PBX or 2) Centrex - current GTE
provided switch services. Staff recommends purchasing two PBX (private branch
exchange) switches, networked together, from Sprint United Telephone to provide phone
service to the Municipal Services building, Police Department, and City Hall. The two
switches will support 800 stations and can be expanded with additional hardware. A
phone switch is computerized hardware and associated software that performs many
functions phone companies normally provide.
The accepted industry standard for cost effectiveness for businesses with more
than 100 lines is the PBX. The City currently leases 600 Centrex lines by contract until
September 1997. Outlying areas. not connected to the PBX by fiber optic cable, can use
the Centrex lines to fulfill the contract.
Advantages of a PBX over Centrex include: 1) ownership of the equipment - no
recurring monthly fees once it is owned; 2) flexibility - the PBX offers more features and
changes can be handled in-house, resulting in faster changes at minimal cost; 3) PBXs are
reliable if they are hooked to a UPS during power outages - both PBXs have 90 minute
backup battery time. The Police Department's PBX will receive power from the emergency
generator; and 4) Protection against obsolescence - the City will not lose its investment as
Sprint switches have an "evergreen feature" and always will be upgradable to
accommodate new features.
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.: '
...--......
In early 1995. the City organized a Telecom Study Committee to work with
Telecommunications Consultant John Dabnor to develop an RFP and make
recommendations regarding telecommunications for the new Municipal Services complex
and City Hall. Mr. Dabnor and his staff analyzed responses from the RFP and brought the
Sprint recommendation to the committee for review and approval. Consensus of the
consultants and staff was that Sprint offered the best system for the City.
The Sprint proposaJ includes one Option 81 C PBX (main switch) in the Police
Department and one Option 61 in the Municipal Services building connected by fiber optic
cable. Installation is an approved part of the building project. The "main switch" is
configured initially to support the Police, Graphics and City Hall, but has enough main
processor power to support the remaining City buildings in the future, if appropriate ports
and peripheral hardware are added. Two switches will provide redundancy for the Police
and Municipal Services buildings so both buildings will still have phone service if the fiber
between them is cut. Fiber will connect City Hall and Graphics to the Main PBX. Should
that fiber be cut, phone service would be disrupted until the fiber is repaired.
.'''''"'....
...~~J
The system's cost includes: 1) hardware that connects the two switches to the
fiber; 2) the remote fiber shelves (used in Graphics and City Hall for phone support); 3) the
ACD Max Automated Distribution System (automatically queues calls for efficient
customer service to areas such as Utilities Customer Support); 4) voice mail and disk
shadowing (voice mail data redundancy to prevent message loss); 5) call accounting
system to track system usage and perform charge-backs; 6) Switchview system
management software for system administration, handset inventory tracking, and feature
modification; 7) telephone desk sets; and 8) 45 headsets.
Maintenance for the system and components is warranted for oneRyear. In
subsequent years. purchasing maintenance contracts from Sprint will be necessary to
receive system software upgrades and repair service for the equipment. Sprint has agreed
to lock in a maintenance rate of $3.50 per port on both PBX units for 10-years. If no
additional ports are added. annual maintenance costs of $52,939.26 are estimated as
follows: 1) Meridian 81 C and 61 PBX System - $42,41 2; 2) Emerald Call Accounting ~
$1,291.70; 3) Switchview Management System: -$2,466.50; 4) 45 headsets - $1.080;
5) City Hall Fiber Remote - $2,940; 6) Garage Fiber Remote - $336; 7) ACD Max -
$1,880.20; and 8) Fiber Mux Modems - $532.86.
The new police communications center consists of a maximum 24 telephone
positions that will be a subsystem of the City's telephone system. Nineteen positions
must accommodate administrative lines through the PBX and 911 calls routed from the
County 911 center. The Police Department currently is engaged in the planning and design
for the interface with Sprint, GTE, and County officials. Pinellas County will fund 911-
related costs for 10 incoming 911 lines and positions and. in conjunction with the City. will
acquire equipment from GTE as the County's sole-source provider. The City is responsible
for the other 9 positions and costs related to administrative lines.
I,:J<!<.~
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Because the integrated 911 telephone subsystem is under development and will
require Sprint's participation, exact specifications are not yet known. The cost for the
communications center/911 subsystem is estimated not to exceed $80,000.
During the budget meetings last year, the City Commission indicated an interest in
implementing video- teleconferencing between main City office buildings and the City
Commission Chambers. Sprint can provide this service using the City's fiber optic network
and PBX systems as an interface.
The proposed video conference system can provide 1 5 frame~per~second video
conferencing to the Commission Chambers, one Municipal Services building conference
room and one Police Department conference room. Television quality video is 30 frames-
per-second. Each site would include dual video screens, a computer interface for
computer based presentations and a projector for transparencies. This system. based on a
box or "bridge," is limited to four sites and cannot be expanded without replacing the
bridge. The system will use FCC standard protocol for video teleconferencing so the City
will be able to communicate with other FCC standard teleconferencing sites. Should the
City Commission choose the video conferencing feature, a $14,668 annual maintenance
contract will be purchased.
}
.......
The telephone system-replacement project was approved in the FY 1995/96 capital
improvement budget at an approximate cost of $2.2-million. Funding for the
$1,162,811.98 system {PBX system hardware - $978,81 1 .98 and video conferencing
system - $184,000) will be by lease purchase. Other than purchasing the Dictaphone
recorder, costs of the 911 Emergency Call system will be by lease contract with GTE to be
paid by the Police Department for approximately $4,562 monthly. Purchase of the
$24,428 Dictaphone recorder represents the City's share of this equipment's cost and will
be paid from the Police Department operating budget. Maintenance costs on the
equipment will be included in the City Manager's proposed FY 1996/97 annual operating
budget. .
The Mayor noted the teleconferencing system could be added later. Commissioner
Thomas said he wanted City executives to have smalt televisions in their offices that
would allow them to appear on the screen in Chambers for two-way conversations
whenever needed. Dean Rowe. President of Rowe Architects, Inc., said that type of
system would cost a great deaJ more than the one proposed. John Dabnor. Technology
Consultant, estimated the system described by Commissioner Thomas would cost $8,000
per television.
Commissioner Thomas suggested having one "master" and many "slaves." Mr.
Dabnor said this system would have three Umasters." Mr. Harper said the City is not ready
for PC based video-conferencing that requires the "masterU and "slave" design.
Commissioner Thomas recommended staff gather more information on that type of system
and requested a proposal be submitted within 30 days.
Consensus was to remove video-conferencing from consideration at this time.
~~
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Commissioner Johnson recommended the City Commission permit Ericsson to
address the reasons they protest staWs recommendation. Mr. Dabnor reviewed the
process used to recommend Sprint. He said of the four companies that responded to the
RFP (Request for Proposals) two had the same equipment. He felt the requirement for
fiber optics narrowed the field of competition. He said Sprint offered the best system in
line with requirements outlined in the RFP. Ericsson offered a lower price but their
references were not good. Ericsson had indicated in their bid response that their
equipment cannot interface with the existing Centrex infrastructure contracted by the City
until 1997 to connect outlying areas. Commissioner Johnson noted the large difference
between the bids. Mr. Dabnor said if optional equipment required by Ericsson to make the
system compatible is included, the costs are comparable. He expressed concern Ericcson
is a sole source provider while Sprint is not. He pointed out that Ericsson's price indicates
their parts are priced 600% higher.
Commissioner Thomas moved to award a purchase contract to Sprint-United
Telephone of Florida providing a new PBX based telephone system serving the Municipal
Services building, the Police Headquarters building, the Municipal Garage building and the
existing City Hall building for a cost of $978,811.98, which is the lowest responsible bid
and approve an expenditure of $80,000 to various suppliers for the components of a 911
emergency system which is the sole source supplier of the items; amounting to a grand
total of $1,058,811.98: funding of the PBX system to be by the City's master lease-
purchase agreement and that the appropriate officials be authorized to execute same. The
motion was duly seconded.
: .,)
~r,t ~ '
Commissioner Clark questioned why use of fiber optics is a limiting factor. Mr.
Dabnor said most telephone systems currently use copper which does not communicate
with fiber. Commissioner Berfield questioned why the RFP required fiber optics. Mr.
Dabnor said fiber provides insurance against the system being zapped by lightning and will
meet future higher capacity needs. Commissioner Clark questioned the high cost of
Ericsson parts. Mr. Dabnor said Ericsson's price sheet lists parts at rates up to 600%
higher than what is paid to purchase the system. He said some companies bid low and
make up their expenses on the back end of the contract by charging high rates for
replacement parts and equipment.
Stephen Burns, Ericsson Premier Account Manager, said Ericsson is the second
oldest telephone system world wide and offers one of the most widely purchased PBX
systems. He said customers have been satisfied with the recommended package and felt
the way references were contacted was very irregular. He said the evaluation criteria
included in the RFP were confusing. He noted Ericsson scored high in four categories
while Sprint scored high in only two. He felt the $420,000 difference in cost between
Ericsson and Sprint had been misstated. He requested the City Commission revisit
Ericsson's bid and stated his company presents the best product
Commissioner Berfield questioned if local service is available. Mr. Burns said
Ericsson's technicians work out of Tampa and service telephone and radio systems.
Commissioner Berfield questioned why replacement costs are so high. Mr. Burns indicated
. J
'4.~r
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,-
.~ Ericsson was willing to negotiate those prices. The Mayor noted Ericsson submitted these
prices as fact. ! .
Commissioner Thomas noted the City already does business with Ericsson and felt
something is wrong with their product if staff bounced their bid. Mr. Burns felt Ericsson
proposed the best solution for the City's telephone needs at the best price. He said the
City had not contacted all references they had provided. Commissioner Thomas
questioned why Ericsson had "high-balled" costs for replacement equipment. Mr. Burns
said listing high costs for replacement equipment is standard industry practice. He said the
list price would not be the contract price. Mr. Dabnor said precut and postcut pricing
differs. He said Sprint's replacement equipment cost 15% higher than what is provided by
the contract. He pointed out the RFP indicates no corrections to bids are allowed. He
distributed a copy of Ericssonts statement that their equipment cannot connect to Centrex.
He reported he had called all 10 references provided by Ericsson but some did not call
back. He said "behind the scenes" communication indicated service problems with
Ericsson equipment. Mr. Dabnor..e.xpressed concern the technicians who fix radios Bre not
trained to address telephone equipment and worried radio contracts may supersede City
telephone needs.
',>
"t'l'f'f""
Chuck Allen, representative for Ericsson, said when contract pricing is requested,
Ericsson responds to the specifications. He said subsequent pricing is not usually
requested and Ericsson is willing to negotiate replacement equipment prices after the
contract is accepted. He said receiving information from references anonymously is not
typical practice. He said ericsson.s system can work with Centrex. He said his system is
best for the future because it is the most flexible and noted the City will probably change
from Centrex to something else in the future. He said Ericsson's instruments are most
effective and would provide the City with a reliable future investment. He said Ericssonts
system is compatible with all City needs. He said it would be a major mistake for the City
to award the contract to Sprint because of the need to purchase two PBX's. He said
Ericsson equipment would allow teleconferencing and interfacing with the radio system.
He said the City's committee had not researched those features.
Commissioner Thomas questioned if teleconferencing would work with Ericsson's
system. Mr. Oabnor said that was not true. Mr. Burns said the technologies of both
systems are good but Ericssonts arB more reliable. He said Ericsson is so confident
regarding their ability to service Clearwater's equipment, they are willing to allow the City
to write the service contract. Mr. Dabnor noted the total cost of both bids is not far apart
when the price of Ericsson's options is added to their base bid.
Mr. Baker said technical staff served on the committee and wanted to buy the
lowest priced equipment. After serious consideration and review of the City consultant's
recommendation, the committee strongly recommended Sprint. They found Ericsson's
system was not as good a >>fit~ as Sprint.
Commissioner Berfield questioned if the committee would have recommended
Ericsson if they knew of. the service agreement Ericsson had offered. Mr. Baker said
service matters but the "fit" is also important. Ericsson's system would need to be
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Commissioner Clark questioned if the difference in cost for the two systems was
less that 10%. Mr. Allen disagreed. Mayor Garvey questioned if the priced options in
Ericsson's bid were included in the base price. Mr. Allen said the only option not included
was the ACO. Mr. Dabnor said that is not what was indicated in Ericsson's bid.
l' . .
?.' :
........." "tricked" into doing what Sprint is already programmed to do. In answer to a question,
Mr. Dabnor said many calls would be lost if Centrex had to interface with Ericsson
equipment. Mr. Allen disagreed and said Ericsson had never been asked to address these
concerns.
Commissioner Berfield questioned if Mr. Dabnor works for Mr. Rowe. Mr. Oabnor
said he owns his own company and works as a consultant for many firms. Commissioner
Thomas referred to Ericsson's claim that they had not been contacted with questions
during the bid process and questioned if Mr. Dabnor had contacted other bidders. Mr.
Dabnor said his recommendation was based on the City's requirement that all information
be provided in writing. He had not contacted other firms for additional information. Mr.
Burns said he had made several calls to Mr. Dabnor but only was able to leave messages
on his voice mail. He reiterated that the priced options were included in the base bid and
were not additions. Commissioner Thomas said the paperwork submitted by Ericsson was
confusing because the listed options CQuld be deducted. Mr. Oabnor said the options were
mandatory. He said if they are removed from Ericsson's base bid, the numbers do not add
up.
......\
Commissioner Berfield questioned who designed the RFP. The City Manager said
Mr. Dabnor and his staff. She had discussed this issue with the City Attorney. She said
the City is thrilled with Ericsson radios but expressed concern regarding the
telecommunication portion of that company. She said staff recommends Sprint. Mr.
Baker agreed.
.....;1'1,..
Wayne Spritzer, Sprint representative, said his company has staff on board to serve
the City.
Mr. Baker felt most of the confusion regarding this bid process was a result of
Ericsson wishing to change' the information they had submitted in answer to the City's
RFP. Mr. Harper agreed. He noted Ericsson had indicated in their submission that their
system could not interface with Centrex. He said he was comfortable with the Sprint
recommendation.
Upon the vote being taken Commissioners Barfield, Thomas and Johnson and Mayor
Garvey voted "Aye"; Commissioner Clark voted "Nay." Motion carried.
The Commission recessed from 1 0:33 to 1 0:46 p.m.
ITEM #63 - Pier 60 Park - Approve final site plan (EN)
The City Commission approved a conceptual plan for a new Pier 60 Park including a
concession building, pavilion and covered playground. In preparation for awarding the
~~
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--. contract in January, the site plan, construction drawings, and equipment costs ara being
completed. Engineering believes this projects is of City-wide significance and has secured
commitments from Parks & Recreation and Public Works to provide services for basic site
grading and landscaping at a saving of approximately $100,000.
PBS&J has prepared a cost estimate of $700,000 for the construction of the
buildings: 1) concession building - $401,826; 2) pavilion building. $146,355; 3) 40 foot
by 52 foot playground structure - $40,770; 4l 40 foot by 44 foot playground structure -
$35,120; and 5) contingency - $75,929.
PBS&J has prepared a cost estimate of $468,877 for the soft site related costs: 1)
site development - $41,877; 2) landscape, hardscape and equipment costs - $397,000;
and 3) contingency - $30,000.
The total project is estimated to cost $1,168,877. The available balance of
$173,000 in CIP #93288 is not sufficient to provide funds for this project. Staff requests
the transfer of $310,000 from CIP #93316 (Bayfront Park Renovations), transfer of
$139,000 of Recreation Impact Fee monies with the remaining balance of $546,877
emanating from an interfund loan from the Central Insurance Fund to be repaid at the
current borrowing rate from future proceeds from the Pier 60 Concession Stand.
I
'-'
Mr. Baier reviewed changes between the conceptual sitR r!:!n ::nd thi:l iinui one. He
noted the original plan had called for ~ !!::'gu \.uvered playground that would need 24
columl"!S. !r. the, uriginal design for the concession stand, restrooms were not included and
it was located in a hazard zone. Pine lias County Health Department requires restrooms be
included and the structure was moved out of the zone. The upper roof line can be
modified to set back several feet from the lower roof line but an exposed beam will need
to be covered for aesthetic reasons. Unloading passengers will still be possible on the
circular drive. Mr. Baier said the proposed sign will be constructed out of the same
materials as the Pier 60 sign and relocated out of the open view area.
Mr. Baier said the multi~purpose pavilion will still be 3,200 square feet. lighting
and benches will be comparable to what is installed at the Marina. One playground will be
for tots and the other for children ages 6 to 1 2. Sidewalks wlU be wide and the majority of
the current landscaping can be replanted. The bid opening for construction will be held on
December 15, 1995.
Commissioner Thomas referred to the design of the playground roofs. Mr. Baier
said the roof lines will match the tropical seascape style. Commissioner Thomas
questioned which of the two playgrounds would be used more. Parks & Recreation
Director Ream Wilson anticipated use of both playgrounds would be balanced. $75,000
has been budgeted for playground apparatus. The selection committee will review the
proposals and shorten the list to 2 to 4 proposals.
Commissioner Berfield questioned the landscaping between the two playgrounds
expressing concern parents be able to watch both playgrounds. Mr. Wilson said palm
trees would be planted between the playgrounds. Commissioner Thomas recommended
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Commissioner Berfield questioned why a $105,000 contingency was needed. Mr.
Baier said that amount was included to cover unforeseen expenses. The City Manager
said the costs presented were aU estimates and the contingency might not be in the
contract.
,,' '.
installing a bench system in the center and felt more grass should be planted. Mr. Wilson
said, based on his experience with beach landscaping, it is frustrating to keep sand out of
the grass. He said primary maintenance will focus on removing sand from the sidewaJks
and grass. Nursery Superintendent Mark Roether said border grass is mora salt tolerant.
He has worked closely with the architect and is comfortable with the landscaping as
proposed. The Mayor questioned if volunteers could help with the landscaping. Mr.
Wilson said he would look at that idea. Mr. Baier said benches between the playgrounds
would be included as a plan addendum.
Commissioner Thomas moved to approve the final site plan and prospective funding
strategy for Pier 60 Park. The motion was duly seconded and carried unanimously.
ITeM #64 - First Readina Ord. #5941495 - holding residential recycling rate at $2.05 per
month, effective 01/01/96, providing multi-family recycling to all complexes in Clearwater
at the rate of $1.50 per living unit per month, effective 06/01/96 (SW)
"
For the first year of operation, the Citywide residential recycling program has been
successful. Recycling has been offered to all single-family residences in Clearwater and is
serving 1 20 residences in unincorporated Pinellas County. Single-family residents of
Clearwater have supported the program, achieving a participation rate of 63%. The goal
was 60%. During FY (fiscal year) 1994/95, the program earned $283,775 more than the
revised business plan due to strong citizen support and exceptional markets. Because the
City promised to pass on to citizens the benefit of their support to the recycling program,
staff recommends holding the residential recycling rate at $2.05 per month instead of
raising it to $2.12 per month on January 1, 1996.
.I
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The multi-family program has not performed well. All 203 apartment and
condominium complexes, containing 24.465 living units, have been offered recycling
service. As of September 30, 1995, 92 complexes, containing 11,472 living units, had
signed up for the multi-family recycling program.
Seventy~seven complexes, representing 10,577 living units, have refused service.
This deficiency occurred even though the City Commission authorized an additional sales
person. Staff canceled the sales person's contract after 60 days to avoid wasting money.
Condominium associations and management companies have not expressed interest in the
program even though recycling representatives demonstrated cost savings and
environmental benefits to multi-family complexes. Many multi-family residents are denied
service even though they want to recycle. The City's contribution to the County.s effort
to meet State recycling goals has been impacted negatively. Clearwater is recycling 16%
of its solid waste stream while the State-mandated goal is 30%. A good multi-family
program is needed to serve adequately the citizens of Clearwater and meet City goals.
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The City cannot meet program projections or provide service to citizens who desire
to recycle because of apathy demonstrated by multi-family management. Staff receives
daily cans from multi-family citizens who wish to recycle. Some condominium association
boards of directors and management companies choose not to provide this service.
The proposed program will provide recycling service to all residents of multi-family
complexes in Clearwater and assess the recycling fee on a per living unit basis. Staff
recommends a monthly cost of $1.50 per living unit, 73% of the cost of residential
service. Multi-family service can be provided at a lower cost because the proposed mini-
drop-off center requires less labor and is more cost-effective. Providing the service
Citywide permits the City to offer the lowest possible monthly rate per living unit.
Upon City Commission approval of Citywide multi-family recycling, no new
complexes will be added before the new program begins. Billing will begin June 1, 1996,
or as service is offered to each complex. Staff will contnct large complexes first. BiHing
for complexes on the program that pay more than $1.50 per living unit will be reduced.
Complexes that pay less than $1.50 per living unit will be billed their current rate and
benefit from joining the program early. The net result will be approximateJy $82,200 in
increased billings during FY 1995/96. The June 1, 1996, effective date will provide time
to implement the program Citywide and allow multi-family complexes to coordinate their
programs.
"
-,,)
This plan does not include distribution of recycling bins for each living unit. Bins,
designed for multi-family living units, cost approximately $5 each and would raise the rate
$0. 14 per month. Bins will be available for purchase at cost plus $1 handling charge so
citizens can choose the bin or container that best fits the available space in their living
unit.
Solid Waste Director Bob Brumback said multifamily rates Solid Waste could be
lowered if recycling levels were high enough to lower the frequency of regular dumpster
collection. Commissioner Berfield questioned when the City needed to reach the 30%
recycling level. Mr. Brumback said the deadline was in 1994. He indicated the County
reached their goal. In answer to a question, Mr. Brumback distributed pictures of a mini
drop center that includes clusters of semi-automated SO-gallon containers. He said
residents who do not participate would still be charged for the service.
Commissioner Thomas congratulated the performance of the Solid Waste
Department. He expressed concern part of the success was due to the high market price
of recyclables and noted those rates are now declining. He noted last year's performance
was $284,000 over their perform a and requested a revised proforma for the next 12
months within 30 days.
Commissioner Johnson moved to hold the residential recycling rate at $2.05 per
month, effective January 1, 1996, and to provide multi-family recycling to all complexes in
Clearwater at a rate of $1.50 per living unit per month, effective June 1, 1996 and that
the appropriate officials be authorized to execute same. The motion was duly seconded
and carried unanimously.
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"Ayes": Berfield, Thomas, Johnson, Clark and Garvey.
,..........,
The City Attorney presented Ordinance # 594 1 ~95 for first reading and read it by
title only. Commissioner Clark moved to pass Ordinance #5941-95 on first reading. The
motion was duly seconded and upon ran call, the vote was:
"Nays": None.
ITEM #65 - First Readina Ord. #5949.95 - Amendment to Ch. 33, Sec. 33.067, revising
wake zones in Clearwater Pass (around new Clearwater Pass Bridge) and Clearwater
Marina Channel (MR)
The Clearwater Pass Channel and Clearwater Marina Channel have been realigned
and markers renumbered to accommodate the new high level fixed bridge at Clearwater
Pass. This amendment will make minor changes to Chapter 33, Section 33.067, code of
Ordinances, relating to Waterways and Vessels for City wake zones and relocates the
wake zones for the realigned channels. The wake zones have been amended to
correspond with the channel markers, which also have been renumbered. The City has
received permission from the US Coast Guard to place City wake zone signs on federal
channel markers.
.<....~~.
Currently, the City has approved State wake zones under permit #90-026. The
Florida Marine Patrol advised the City the amended wake zones 'will be approved. They
will forward written approval for the amendments to the State. Pinellas County has
requested extending the existing wake zone west of Clearwater Pass Bridge. This
amendment will move the wake zone an additional 350 yards west of the new bridge. All
other City wake zones remain unchanged.
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Commissioner Berfield moved to approve an amendment to Chapter 33, Section
33.067 of the Code of Ordinances revising the wake zones in Clearwater Pass around the
new Clearwater Pass Bridge and in the Clearwater Marina Channel. The motion was duly
seconded and carried unanimously.
The City Attorney presented Ordinance #5949~95 for first reading and read it by
title only. Commissioner Clark moved to pass Ordinance #5949.95 on first reading. The
motion was duly seconded and upon roll call, the vote was:
.. Ayes": Barfield, Thomas, Johnson, Clark and Garvey.
"Nays": None.
ITEM #66 - Res. #95-85 - authorizing appropriate City officials to execute a Wireline
Crossing Agreement with CSX Transportation, Inc. (EN)
The City plans to construct a fiber optic cable system connecting City Hall, the new
Municipal Services and Police Department buildings and proposed parking garage. The
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\.
'..........
fiber optic control system will carry data, equipment control processing, communications
and CATV signals. Casing, with conduits to support the cable systems, is needed under
the railroad crossing Pierce Street. Permission must be obtained from CSX Transportation,
Inc. For a Wireline Crossing Agreement. CSX requires a perpetual license fee of $250 and
a Construction Risk Fee of $225.
Bay Resources. Tampa, Florida, subcontractor to Creative Beers, will handle the
conduit and cabling installation. On November 21 1995, the City Commission approved
funds to install conduit and cable.
Commissioner Thomas moved to authorize the appropriate City officials to execute
Wireline Crossing Agreement No. CSX-027139 with CSX Transportation, Inc., and that the
appropriate officials be authorized to execute same. The motion was duly seconded and
carried unanimously.
The City Attorney presented Resolution #95-85 and read it by title only.
Commissioner Thomas moved to pass and adopt Resolution #95~85 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
"Ayes": Berfield, Thomas, Johnson, Clark and Garvey
"Nays": None.
:,.")
....,...,-Ml.
ITEM #67 - Urban Contamination Assessment Study - Approve transfer of $300,000 from
undesignated retained earnings of Special Development Fund to CIP 96109 (EN)
The City has retained PBS&J (Post, Buckley, Schuh & Jernigan, Inc.) as the
Engineer of Record. They currently are analyzing the geophysical characteristics and
assessing soil within the urban core. Initial field work has confirmed a clay confining layer
beneath sampled portions of the urban core area. Numerous locations are contaminated.
The available balance in the CIP is not sufficient to provide funds for this phase of
the project. Staff requests transferring funds from the undesignated retained earnings of
the Special Development Fund.
The City Manager requested that this item be pulled as written. She said $30,000
was needed now and $ 1 00,000 would be needed for the next step. She stated if the
entire $130,000 is approved, staff will return to the City Commission prior to proceeding
beyond the $30,000 currently needed.
Commissioner Thomas moved to provide $130,000 for the Urban Contamination
Assessment Study with the understanding staff wilt come back to the City Commission
prior to proceeding beyond the $30,000 currently needed. The motion was duly seconded
and carried unanimously.
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-__ Commissioner Thomas questioned how much land is in the downtown core. Mr.
Baier estimated 32 to 35 acres. Commissioner Thomas questioned why Phase " of the
study for the 1/3 acre Atrium Apartment site was estimated to cost $100,000. Mr. Baier
said this assessment study is not an environmental study which costs more.
ITEM #68 - (Cont'd from 11/16/95) Atfvertising in Beach Views (CLK)
The Mayor referred to cost analysis distributed by the City Clerk and recommended
sending public hearing notices to residents within 500 feet of a subject property. In
answer to a question, City Clerk Cynthia Goudeau said the City is required to advertise
legal notices in a daily newspaper. n answer to a question, Ms. Goudeau said her budget
for advertising legal notices is $30,000.
Commissioner Clark moved to increase the radius for advertising public hearing
notices from 200 feet to 500 feet. The motion was duly seconded and carried
unanimously.
.d~..
Regarding letters in support of continuing advertising legal notices in the Beach
Views, the Mayor noted none of the letters was dated. Charles Pollick, of the Beach
Views, pointed out the City Commission spent mora than $6-million tonight. He said
21,000 copies of each issue of his newspaper is printed. Many are distributed out of
town. He said the Beach Views has been serving the area since 1950. He felt the project
to publish legal notices in his paper was successful. He did not think advertising legal
notices in the Tampa Tribune meets the intent of the law. He said cost is important and
said the rate he charged was the lowest rate available. He said combining the cost to
advertise in the Tampa Tribune and Beach Views was less than advertising in the St.
Petersburg Times alone. He felt the effort was cost effective and recommended
continuing the project. .
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Kaz Rolewski said the Clearwater Gazette/Beach Views is read by many people and
the City should support them
Commissioner Thomas questioned the cost of advertising in the St. Petersburg
Times. Ms. Goudeau estimated that advertising costs 10 times more than the Tampa
Tribune. The City Manager said if the goal was to reach the largest number of people then
the St. Petersburg Times should be used. She felt sending notices to an increased number
of residents should address this goal at a much lower cost. Ms. Goudeau noted other
small publications reach other Clearwater communities.
Commissioner Thomas said the Beach Views is the City's only home town
newspaper and recommended continuing advertising in the Beach Views and Tampa
Tribune. He felt this has proven valuable.
Commissioner Johnson did not see a need to advertise in two newspapers.
Commissioner Johnson moved to discontinue advertising legal notices in the
Clearwater Gazette/Beach Views. The motion was duiy seconded.
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Commissioner Berfield expressed concern the City Commission gave direction that
was not followed. She suggested some oversight was needed. The City Manager said it
would not be correct to conclude that staff did not follow City Commission direction.
Commissioner Thomas expressed concern that a political decision was being made.
'w" .-.
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Mr: Pollick noted not aU public hearing notices advertised in the Tampa Tribune
were sent to the Beach Views. He expressed concern a staff member made a decision to
change the City Commission's agreement. He felt a grave injustice had been done and
recommended the Commission take a hard look at the issue before revisiting the matter.
Commissioner Thomas agreed the Beach Views may have been shortchanged. Ms.
Goudeau said some advertising could not be published in the Beach Views because of their
schedule. Some notices from a dSJ,lartment were not published because of a staff
member's extended absence due to illness. When that oversight was discovered, it was
corrected immediately.
The Mayor pointed out when the agreement to publish legal notices in the Beach
Views was made, Mr. Pollick had promised it would be published twice a week. That! did
not ha ppen.
Upon the vote being taken, Commissioners Johnson and Clark and Mayor Garvey
voted "Aye"; Commissioners Serfield and Thomas voted "Nay.1I Motion carried.
':)
ITEM #69 - Community Relations Board - 1 appointment (ClK)
Commissioner Thomas moved to appoint Jill Perrino. The motion was duly
seconded and carried unanimously.
Commissioner Thomas moved to continue the meeting past midnight. The motion
was duly seconded and carried unanimously.
ITEM #70 - Librarv Board. - 3 appointments (elK)
Commissioner Berfield moved to reappoint Estelle Dunn and William Raffaniello.
The motion was duly seconded and carried unanimously.
Commissioner Johnson moved to appoint Christine Morris. The motion was duly
seconded and carried unanimously.
ITEM 1/71 - Parks & Recreation Bo~rd - 1 appointment (elK)
Commissioner Thomas moved to appoint David Berry. The motion was duly
seconded and carried unanimously.
ITEM #72 - Other Pending Matter~ - None.
CITY ATTORNEY REPORTS
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'\IJ- ~ ~...' .:
,
/~. ITEM #73 - Resolutions
a) Res. #95-82 . Demolition Lien - 1404 Taft Avenue, Lincoln Place Sub., Blk. 2, Lot 6
(Brooks, Jr. & Sommons)
The City Attorney presented Resolution #95-82 and read it by title only.
Commissioner Berfield moved to pass and adopt Resolution #95-82 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
"Ayes"~ Barfield, Thomas, Johnson, Clark and Garvey
"Nays": None.
b) Res. #95-83 - Abatement Lien - 1625 N. Washington Avenue, Fairmont Sub., Blk. B,
Lot 8 (Mack)
The City Attorney presented Resolution #95-83 and read it by title only.
Commissioner Clark moved to pass and adopt Resolution #95-83 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
"Ayes": Barfield, Thomas, Johnson, Clark and Garvey
\
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ttNays": None.
c) Res., #95-84 - Abatement Lien - 1595 Ewing Avanue, Belmont Sub., 2nd Addition, Blk.
F. Lots "9-23 (McCraw)
The City Attorney presented Resolution #95-84 and read it by title only.
Commissioner Thomas moved to pass and adopt Resolution #95-84 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
"Ayes.t: Barfield, Thomas, Johnson, Clark and Garvey
"Nays": None.
ITEM #74 - Other City Attornev ltem~
The City Attorney reported the City had entered into an agreement regarding road
construction on Seville Boulevard in 1973 and 1977. That agreement was superseded by
an agreement signed December 8, 1993, between the City and ZAB and ZOM. The old
agreements need to be terminated to remove them from the public record. They have
been satisfied and everything required has been done.
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.- Commissioner Thomas moved to approve the termination of the 1973 and 1977
\' roadway agreements between the City and Holland Westshore Inc., a Delaware
Corporation. The motJon was duly seconded and carried unanimously.
The City Attorney reported she had met with Pinel/as County concerning a revised
agreement regarding the Pinellas Trail. The proposed agreement will be discussed at the
January 2, 1996 Work Session.
ITE~ #7 5 - Citv Manaaer Verbal Beoorts
a) Position rB Legislative Delegation PST A Subcommittee
The City Manager reported a Legislative Delegation Subcommittee has been created
to discuss options for the operation of the PST A (Pine lias Suncoast Transit Authority) and
questioned the City Commission's position. Commissioner Berfield noted the Pinellas
County Board of Commissioners has considered taking over that role. Commissioner Clark
reported additional information would be brought forward to the PST A board in January
1996.
Commissioner Thomas said the PST A represents an inadequately funded
dysfunctional system. He recommended suggesting increased funding and a more
restrictive route system. Commissioner Clark said he would bring more information.
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b) Direction re Jetter or Resolution to Governor re Sand Key Beach Renourishment
Consensus was to send letters in support of Sand Key beach renourishment from
each Commissioner to the Governor.
Jolley Trolley
The City Manager reported the Jolley Trolley has requested City support of several
issues. The Mayor noted the City needs to know PST A's position regarding the Trolley's
proposal to provide charter service. Commissioner Clark said many issues will be
addressed at the January 24, 1996, PSTA meeting.
Commissioner Thomas said he supports the Jolley Trolley chartering their buses to
earn additional revenue. Commissioner Barfield said many have wanted to charter the
Jolley Trolley to transport them from a church to a restaurant following a wedding.
Commissioner Clark noted charters booked in conjunction with conventions held at the
Harborview Center could be lucrative.
Commissioner Thomas suggested routing of charters may be a problem that
depends on the PST A agreement. Commissioner Clark pointed out a loophole may exist as
federal money was not used to obtain the newest trolleys. Commissioner Johnson
questioned if a trolley could be chartered for transportation to the Thunderdome in St.
Petersburg. Commissioner Berfield said that would be possible. Mayor Garvey noted
added travel would shorten the life of the trolleys.
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Jolley Trolley.s requests will be addressed at the January 2,' 1996 Work Session.
..,...-.....,
Greater Clearwater Chamber of Commerce Building Purchase
The City Manager said the City is getting cJoser to closing on this property and
noted the City Commission had set a $300,000 price with a way to get out of it. She
noted staff concern regarding asbestos in the building.
Pete Woodham, President of the Greater Clearwater Chamber of Commerce, said
based on a cursory inspection, the cost estimate to abate asbestos in the building is
$50,000. He said if the building is not razed, the cost to encapsulate the asbestos is
lower. The City Manager requested City Commission direction.
.'q.
Commissioner Thomas noted the City was purchasing the building to raze it. The
Mayor said no definite plan had been established to raze the building and noted other
organizations may wish to use the building until the City needs it. Commissioner Berfield
said the City Commission had indicated the maximum the City would pay for the building is
$300,000 and questioned if the Chamber is willing to absorb the cost of abating the
asbestos. Mr. Woodham said the Chamber is asking the City to accept responsibility for
its removal. Commissioner Thomas questioned why Clearwater taxpayers should bail out
the Chamber. Mr. Woodham pointed out the Chamber spends $1-million per year providing
services the City normally would have to furnish. He said the Chamber needs to close on
its new building by December 28, 1995.
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Commissioner Clark questioned how critical that date is. Mr. Woodham said if they
. cannot close by then, their costs will increase.
Commissioner Berfield said when the City Manager presented the plan to purchase
the Chamber of Commerce building, she had indicated the City had no use for the building.
Mayor Garvey said some non-profit agencies are interested in using the building.
Mr. Woodham suggested the Chamber of Commerce may be willing to share the
cost of removing the asbestos but could not commit to that without approval of his board.
Commissioner Clark Questioned how the Chamber could go to closing on December 28,
, 995, without first solving this problem. Mr. Woodham said the problem can be solved
and the Chamber is willing to work with the City to address it. Commissioner Johnson
recalled when the City Commission voted to purchase the building, they had stipulated
that $300,000 would be the final figure.
Commissioner Berfield moved to not increase the City Commission's previous offer
of $300,000 to purchase the Chamber of Commerce building at 128 N. Osceola Avenue.
The motion was duly seconded.
The City Attorney indicated the deadline for closing on the building is December 28,
1995. Commissioner Barfield suggested the Chamber can extend that date.
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_.~. Upon the vote being taken, Commissioners Berfield, Johnson and Clark voted
"Aye"; Commissioner Thomas and Mayor Garvey voted "Nay." Motion carried..
Tourism Marketing Campaign
Mr. Harper said one problem with using CNN for advertising at this time is that no
mechanism exist::; for people to respond. He said he is reviewing options for a wide range
of options for an 800 number. He said before an advertising campaign begins, the whole
package needs to be prepared. He said the City's agency had been authorized to develop
a marketing plan and have commercials on the air by February 1996. He questioned if the
Harborview Center would benefit from an 800 number. Commissioner Berfield suggested
the Harborview Center provide bookings with the City's 800 number instead of VS1's.
Mr. Harper said a marketing plan needs to be developed and a target market
identified. He recommended a budget of $150,000 to include the 'expense of producing a
commercial. He will come back with a plan regarding the best way to handle an 800
number. The City's advertising agency will produce the commercial and develop a
brochure based on it. Every Clearwater property in the hotel business would be listed in
the brochure.
Commissioner Thomas questioned who makes reservations for those who respond
to CVB advertisements. Mr. Harper said VSI. Commissioner Thomas Questioned if beach
hoteliers were willing to pay for a City 800 number.
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Bill Sykes said most hoteliers pay VSI a fee for each reservation. He did not see a
problem with paying the City's cost to make a reservation.
Dr. Ken Rosenow said VSI charges a 7% fee for making a reservation. Dr.
Rosenow said he would be willing to pay the cost of making a reservation. The City
Manager said the ultimate goal is to have a City 800 number. She said staff will work
with people on the beach.
Dr. Rosenow said it was important to get on CNN soon so the beach could have a
good season this winter. He recommended advertising on CNN because cable TV
watchers prefer that station. He said this could be a turning point and provide the beach
with an excellent chance for growth. He felt the emphasis should be on getting something
together as soon as possible.
Commissioner Thomas Questioned if the $50,000 quote for a television commercial
includes theme music for Clearwater. Mr. Harper said the quote covers the cost of a
commercial. Commissioner Thomas recommended establishing a musical theme for the
City. Mr. Harper said that had not been addressed. He noted not all of the City's
advertising would be broadcast on CNN. Commissioner Thomas said the advertisements
should focus on the City's major markets. Mr. Harper said that is what has been planned.
He said the commercial cannot be completed by January but could be on the air by
February 1996. Dr. Rosenow recommended advertising to the Canadian market. He said
the response from recent advertisements in Toronto has been good. He said the primary
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....- market for winter visitors is the Midwest, Northeast, and Canada. He felt the commercial
could be completed and ready for airing by January 1996. He said timing is extremely
important.
Commissioner Thomas moved to approve a budget of $150,000 for a marketing
plan to include a commercial, brochures, an 800 number, and to broadcast the commercial
on cable television. The motion was duly seconded.
The City Manager said she would finance this with a first quarter amendment to
take half the funds from the parking fund and half from the general fund. In answer to a
question, Mr. Harper said the commercial will advertise all of Clearwater.
Upon the vote ~eing taken, Commissioners Barfield, Thomas and Johnson and
Mayor Garvey voted "Aye"; Commissioner Clark voted "Nay.ft Motion carried.
Commissioner Thomas said the fee structure for the 800 number should mirror the
system used by CVB so the City's cost would be covered. Commissioner Johnson
Questioned how soon an 800 number could be running. Mr. Harper said one could be
installed within 10 days but indicated a plan was needed first. Commissioner Thomas
recommended hiring someone in the business to run the number. The City Manager said
staff will present a package in January with several options.
ITEM #76 - Oth(l:r Commission Action
"'T~~"'"i.
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Mavor Garvev reported she had received a call from a frustrated tourist because a
restaurant had not honored their advertisement for a free birthday dinner because the
visitor is not a Florida resident. She questioned this policy when there is so much local
concern regarding a decline in tourism. Commissioner Thomas agreed customer service is
paramount. He recommended the City establish standards regarding hotels/motels
reserved through the 800 number.
Commissioner Johnson wished all a Merry Christmas and Happy New Year.
Commissioner Berfield commended staff for getting up the holiday decorations in
time for the December 8, 1995, Holiday Parade. The City Manager said the contractor will
be reimbursing the City for staff time.
Commissioner Thomas referred to using the City Seal in a political campaign and
said a law should be enacted to not allow the use of the SeaJ. The Mayor said the City
Seal is not copyrighted and anyone can use it. The City Attorney said the City does not
prohibit its use. Commissioner Thomas said there should be prohibitions on its use.
Commissioner Thomas moved to prohibit anyone from using the City Seal without
permission. The motion was duly seconded.
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..-...... The Mayor said there was no reason why the Seal cannot be used. She felt the
Commission was getting out of bounds. Commissioner Thomas said it was unfair to other
candidates if the Mayor can use the Seal in her reelection campaign.
Commissioner BerfieJd said if anyone can use the Seal, the City needs to protect it
in some way. She expressed concern the City could face future problems if businesses
use the Seal. She said soine cities obviously think it is important to safeguard their Seal
as they have taws to protect it. The City Attorney said there is no prohibition of using the
City Seal for merchandising purposes but recommended establishing one. Commissioner
Barfield requested the City Attorney return with a draft ordinance addressing this issue
because the Seal needs protecting. Commissioner Thomas recommended the ordinance
also address the incumbent issue.
Commissioner Thomas amended his motion to protect the City Seal, to allow its use
only with permission, and to allow its use by anyone running for office. There was no
second to the amended motion.
Consensus was for the City Attorney to bring back a draft ordinance addressing this
issue for the City Commission to review.
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Commissioner Clark expressed concern regarding a recommendation to use a single
caterer in the Harborview Center. The City Manager said that issue will be addressed in
January 1996. Commissioner Thomas said problems could arise jf caterers are granted
unrestricted access to the facilities. Commissioner Clark felt limiting the operation to a
single caterer will create a problem.
Commissioner Clark also commended staff for their efforts in installing the holiday
decorations. He applauded staff and the construction crew for the planned December 14,
1995, opening of the Clearwater Pass Bridge.
Commissioner Clark said he could not support the $150,000 marketing campaign
because he felt the City is rushing into something it is unprepared to do.
Mavor Garvev announced the event, Saturday in the City, will be held downtown on
December 9. 1995. She reported 1,000 people attended the last event.
ITEM 1/77 - Adjournment
The meeting adjourned at 1: 19 a.m.
ATTEST :-.C.Jcll~;~ (' , tL!........L-:l'c.:~.
U . City Clerk
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