05/12/1997 (2)
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CITY COMMISSION WORK SESSION
CITY OF CLEARWATER
May 12,1997
Present:
Rita Garvey
J. B. Johnson
Robert Clark
Ed Hooper
Karen Seel
Elizabeth M. Deptula
Kathy S. Rice Deputy
Bob Keller
Pamela K. Akin
Cynthia E. Goudeau
PatriCia O. Sullivan
Mayor/Commissioner
Vice-Mayor/Commissioner
Commissioner .
Commissioner
Commissioner
City Manager
City Manager
Assistant City Manager
City Attorney
City Clerk
Board Reporter
The meeting was called to order at 1 :00 p.m. at City Hall.
Three service awards were presented to City employees.
The Commission recessed from 1 :03 to 1 :28 p.m. to meet as the eRA (Community
Redevelopment Agency).
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PRESENTATIONS
BriefinQ on Brownfields leQislation (oossible $500.000 fundinQ)
Environmental Specialist supervisor Miles Ball09g thanked Senator Latvala for
championing State Brownfield legislation. Mr. Ballogg stated Brownfields are "abandoned,
idled, or underutilized industrial and commercial properties where expansion or
redevelopment is complicated by actual or perceived environmental contamination."
Clearwater's designated Brownfield area, bordered by Belleair Road, Ft. Harrison Avenue,
Stevenson's Creek, Betty Lane, and Missouri Avenue, contains approximately 100
potentially contaminated sites. Typical contamination was caused by gasoline stations,
body shops, and dry cleaners. Current barriers to area redevelopment include liability and
the cost and timeliness to clean-up sites. The Brownfield designation limits liability of
lenders for contaminated sites. Property purchases also are protected if owners enter into
a remediation agreement. FOE? (Florida Department of Environmental Protecti'on) will
assign staff to each district to expedite clean-ups. Clearwater is one of two Florida cities
with Federal Brownfield designations. Proposed State legislation for Brownfield areas
includes $500,000 in funding for job creation, the establishment of financing resources to
remediate contaminated sites, area business expansion, development of a mathematical
model of the area's current economy to draft trends, and environmental site assessments
for market ready property with contamination concerns. Current Federal funding is
$100,000 over 2 years.
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In response to a question, Mr. Ballogg said the area includes a high concentration of
contaminated sites, a low.lncome population, and land available for redevelopment. Staff
is working on obtaining additional Federal funds. Once the pilot project is complete,
'additional Federal funds should be available for loans for clean-up. In response to a
question, he said lenders in the designated Brownfield area who are not actively involved in
the subject properties will have no liability related to site contamination in case of
foreclosure. In response to a question, he said the sites that are market ready will be
targeted. Assistant City Manager Bob Keller said properties under negotiation for sale will
be ,a priority. Staff will distribute an outline regarding the proposed State legislation.
FN FINANCE
Review of Fiscal Year 1995/96 Financial Statement
Finance Director Margie Simmons indicated the Financial Statement is a technical
document presented in a format required by law and accounting rules. The transmittal
letter in the Introductory Section reviews the report including current and future major
initiatives, economic development,' controls, employee retirement systems, etc. Ms.
Simmons distributed an outline of the Financial Report and an additional analysis of City
Enterprise Funds: 1} Water & Sewer, Utility; 2) Gas Utility; 3) Solid Waste Utility; 4)
Recycling Utility; 5) Stormwater Utility; 6) Yacht Basin and Marina; 7) Parking System; 8)
Pier 60 (closed mid-FY 1995/96); and 9) Harborview Center. In response to concerns the
City's reserve, 10% of the General Fund, may be inadequate, the City Manager stated cash
balances in the Enterprise Funds are significant. In response to a question, she said Water
and Sewer funds cover expenses and provide services at the lowest cost. The Marina,
Gas, Recycling, and RolI.Off Containers generate profits. In response to a question, Ms.
Simmons indicated funds for the Municipal Services Building and Harborview Center
projects came from accumulated surpluses and savings. Construction of the new Police
Headquarters was covered by a bond issue.
Ms. Simmons said the City is conservative and is more concerned with the return of
principal rather than the return on investment. Due to increased Workers' Compensation
claims, this is the first year the City paid out more in claims than it collected. The City's
actuary estimates future claims. By law, the City must change auditors every 5 years.
This is the 17lh year the City has received a Certificate of Achievement. She thanked the
Finance and Budget team for their contribution to the report.
Ms. Simmons reviewed the Financial Section which contains the auditors' report.
Staff will report on the recommendations. She said the voluminous footnotes are required.
She referred to page 69, noting the Special Development Fund reflects internal borrowing
for Penny for Pinellas projects. In response to a question, she said funds are listed as an
expenditure when they are transferred to a Capital Improvement Project. The City Manager
said government accounting does not recognize assets. Ms. Simmons :iaid the reporting
method will change in 2000. She indicated the Stormwater Utility had a deficit. The
Harborview Center showed a loss. Next year, a full year's depreciation will be charged
which is based on the building's estimated life. Internal Service Funds serve other
mws0597
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GAS GAS SYSTEM
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departments and are expected to break even. The report's Statistical Section includes 10
years of data. In response to a question, Ms. Simmons will identify the operating transfers
listed on page 1 2.
Contract for environmental remediation of Berrv ProDertv, 107 Harrison Ave., Belleair
Beach, to Environmental Consulting & Technology, Inc.. estimated $52,135.17
On August 10, 1993. Visk Contractors, Inc" a gas pipeline contractor performing a
boring operation while working for CGS (Clearwater Gas System), damaged an underground
fuel oil tank at 107 Harrison Avenue, Belleair Beach, Florida. In September 1993, Mevers
& Associates submitted the lowest bid to perform a CAP (Contamination Assessment Plan)
which was forwarded to the FDEP (Florida Department of Environmental Protection) in
March 1994 and approved. The Engineering Departmentl Environmental Division ,
contracted with Mevers & Associates to prepare a RAP (Remedial Action Plan), which was
submitted to FDEP and approved as a pilot study on January 8, 1996.
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Mevers & Associates did not complete the final remediation report, failed to
reimburse subcontractors for completed work, and filed for bankruptcy under Chapter 13.
At a cost of $1,995, ECT (Environmental Consulting & Technology, Inc.) finished the work
and submitted the remediation report to FOE? CGS paid Mevers & Associates $51,495
for work completed and holds $3,665, which was not paid to Mevers. The Legal
Department is reviewing the Mevers & Associates contract for remedies.
The Berrys plan to sell their house this summer and need a FOE? certificate
indicating the site is clean. Due to this time constraint, it was impractical to bid the
project. The site will take 60 to 90 says to clean and remediate. The Berrys also have
retained an attorney to intercede and protect their interests. Staff recommends resolving
the cleanup as soon as possible to reduce the City's exposure to a property damage claim.
ECT currently is conducting the environmental remediation investigation at CGS'
MGP (Manufactured Gas Plant). Staff feels ECT can remediate the Berry site properly and
concurs with ECT recommendations to perform a temporary soil vacuum extraction. install
monitoring wells. test the soil after extraction, then remove and thermally treat the
remaining contaminated soil. As part of this project, ECT will prepare a Closure Report for
submittal to FDEP. ECT also plans to replace the Berry's concrete driveway, sidewalk, and
landscape, and remove the monitoring wells.
In response to a question, CGS Managing Director Chuck Warrington said the City
does not require bonds for projects less than $100,000. In response to a question, he said
staff had done an extensive check on the company. This was the first time the process
had been tried in Florida. ECT indicated the process would have worked had it been done
properly. In response to a question, he said Visk Contractors, Inc., is a small company
with no assets. Contractors have immunity from environmental problems. Since 1993,
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staff has instituted several internal controls and Initiated a retalnage fund. It was
recommended that future City contracts with potential environmental impacts require a
bond and include language that allows the City to recover costs related to environmental
accidents. Instead of a monthly draw, it was recommended the City base its
reimbursement to contractors on the percentage of completion. In response to a question,
Mr. Warrington said these clean-up costs are being recouped from CGS customers. He
expressed concern bonding may cost more than what can be recovered. It was noted good
contractors can obtain inexpensive bonding. The Legal Department is reviewing this issue.
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Lease Aareement with Keramitsa. Inc.. d/b/a! Beach Diner, 08/01/97 -07/31/03, with 2
year extension if both parties agree, for guaranteed minimum rental of $60,000 annually,
plus an annual percentage of gross sales, with annual CPI increases starting 01/99
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In January 1982, the City entered into a 15-year Lease Agreement with Howard
Johnson Company to operate a restaurant on the Beach Diner site. In 19B7, Marriott
Family Restaurants purchased all. outstanding shares of Howard Johnson Company. In
January 1990, the City approved Karamitsa, Inc., to sublet the lease and change the
restaurant's name to Beach Diner. The Marriott Family Restaurants' lease expires on July
21, 1997. Competitive bidding on this property is impractical due to the lease's short term
and City consideration of the site for a new Civic Center and parking garage.
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Under lease terms, the lessee will make all necessary structural improvements to the
premises. Improvements shall not exceed $35,000. A Lease Agreement exhibit lists
improvements to be completed by lessee: 1) $2,769 - patch, reseal, & restripe parking lot;
2) $5,000 - repair/replace air-conditioning units; 31 $10,000 - repair/replace portion of roof:
4) $7,515 - rewire/repair/redesign existing pole sign; 4) $2,500 - repair/replace wall
covering in kitchen; 5) $2,500 - repair/replace floor tiles in kitchen & storage; and 6)
$2,500 - irrigation and landscaping improvements. Should the City terminate the Lease
Agreement, with 50-days written notice, the City will reimburse the lessee, on a pro-rata
basis, for the improvements.
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Lessee shall pay $60,000 in fixed rent annually, at $5,000 per month. An annual
CPJ (Consumer Price Index) increase will begin January', 1999, and continue on January 1
of each year of the lease. As additional rent, the lessee will pay a percentage of annual
gross sales: 1) 6% an sales between $900,000 and $1,099,000; 2) 7% on sales between
$1.1-million and $1,299.999; and 3) 8% on sales greater than $1.3-million. The Lessee
~i11 continue paying for all maintenance, taxes, utilities, and insurance. Mr. Chandler has
been a good land tenant.
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Harbormastar Bill Held reviewed the Lease Agreement. He indicated the cost of the
proposed improvements was based on bids. Staff will report on the restaurant's size. In
response to a question, the City Attorney said the City Commission would have to approve
the assignee if Mr. Chandler chooses to assign the lease to someone else. Mr. Held said
the lease allows a 60-day cancellation should the City require the property for another
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EN ENGINEERING
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project. It this occurs, Mr. Chandler's investment in Improvements will be pro-rated. In
. response to a question, the City Manager said a personal guarantee by the Lessee is not
unusual. The lease Includes' parking in front of the restaurant.
CP CENTRAL PERMITTING
Variance{s) to Skm ReQulations for orooertv located at 640 Chestnut St., Court Square, Blk
13, part of Lot 6 & all of Lots 7-9 and Magnolia Park, Blk 13, Lots 10, ", and part of 1 2
together with vacated alley between (Clearwater Depot, Inc., Cepcot Corp., and Porpoise
Pool & Patio, Inc., SV97-05)
The property, on the West side of East Avenue between Court and Chestnut
streets, is zoned Urban Center (Core) 2. The applicant requests a variance to allow a 64-
square foot, 20-foot high freestanding sign with a minimum setback of 5-feet from all
street rights-of-way in a zoning district where freestanding signs are not permitted. On
April 8, 1997, the ORB ( Design Review Board) recommended approval of a freestanding
pole sign subject to final ORB review and approval of the design.
In response to a question, Central Permitting Director Scott Shuford said the City
had not received the drawing of the proposed sign until Friday. A variance is needed for a
freestanding sign.
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Public Hearina & First Readina Ord. #6144-97 - Vacatina 40' r-o-w of Adams Avenue. from
south r-o-w line of Jeffords Street South 300' subject to retaining the r-o-w full-width as a
drainage and utilities easement (Hilleboe, V97-03)
The applicant requests vacating the 40-foot right-of-way of Adams Avenue from the
South right-at-way of Jeffords Street 300 feet South. The applicant proposes to use the
portion of right-of-way to construct additional parking for his apartment complex. The
right-of-way vacation will enhance the City's tax base. The right-of-way is not paved or
used for vehicular traffic. Both ends of the right-of-way were posted, noticing the vacation
proposal.
The City has a 6-inch water and 2-inch gas main within the portion of right-of-way
to be vacated. The water and gas mains may need to be relocated depending on the
parking lot's final design and drainage facilities. The relocation can be a condition of
building permit approval and will be done at the owner's expense. The City will retain the
right-of-way full-width as a drainage and utilities easement. Public utilities have no
objections to the request. City Department/Divisions concerned with easement vacation
requests have reviewed the petition. Engineering Services has no objection to the request
provided the right-af-way is retained full width as a drainage and utility casement and the
applicant pays all costs to relocate the water and gas mains if required. The City Engineer
recommends approval of the request.
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In response to a question, Assistant City Manager Bob Keller said Commission
consensus was to end the "Town Lake Project." Staff had been directed to identify City
attenuation needs, including the clean-up the Pierce Street pond, and develop a
private/public venture for an enlarged Pierce Street pond. It was felt no alternative should
propose a lake. Mr. Baier said PBS&J will develop plans and models for the Pierce Street
pond with cost estimates. Little can be done to improve the pond at its present depth and
surface area. In response to a question, Mr. Keller said the City can charge developers to
use the pond for attenuation requirements. It was suggested the Annex property would be
more attractive to developers if its attenuation needs are met off.site. In response to a
question, Mr. Keller said nearby property owners had expressed a strong interest in the
project.' The City Manager suggested the property owners could agree to an assessment.
It was stated the City will need a serious financial commitment from the private sector
prior to moving forward with Phase 2. It was recommended staff use data developed by
previous "Town lake Project" studies. Mr. Baier said some base data can be used but
none of the designs was for a pond.
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In response to a question, Engineering Director Rich Baier recommended against
vacating the entire right-of-way for Adams as a portion is used to access properties.
Work Order. $38.802 to PBS&J (Post. Bucklev. Schuh & Jerniaan, Inc.l to develop
alternatives for modification of Pierce Street Pond
On September 19, 1996, the City Commission continued an item regarding "Cell 2,"
a portion of the "Town lake Project." Phase 1 of this proposal examines alternatives to
expand the Pierce Street pond within available property to provide additional flow
attenuation and stormwater treatment to serve City and private sector redevelopment
downtown projects. Phase 2 is proposed to develop preliminary designs and cost
. estimates for one or more alternatives selected by the Commission. Downtown property
owners, who had expressed interest, have been provided a copy of the scope of work and
will be involved, on a team basis, as the project develops.
Treatment provisions will consider 3 scenarios: 1) storm water treatment for City
Annex redevelopment and Winn.Dixie projects; 2) stormwater treatment for City Annex
redevelopment and Winn-Dixie projects and redevelopment of other private sector
properties, an additional 20 acres in the vicinity of the Pierce Street pond; and 3)
stormwater treatment for the entire basin served by the Pierce Street pond.
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Mr. Baier said PBS&J will be mindful of localized flooding, attenuation needs for City
property, and the Winn-Dixie project. The study should be completed in 4 months. This
Item will fund Phase 1 only, which will consider public/private ways to finance Phase 2.
Mr. Baier wHl bring this issue back before the end of Phase 1.
The Commission recessed from 3:06 to 3:21 p.m.
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City Manager Verbal Reports
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CA LEGAL DEPARTMENT
, The City Attorney said at the next meeting, a resolution will be presented to
consider D beach CRA, The City will notify the taxing authority and publish a newspaper
advertisement regarding this issue. The City Manager recommended a joint staff and
consultant effort can address pending issues related to the new Memorial Causeway
bridge. A contract addressing a beach CRA will be considered on June 19, 1997. The
beach qualifies as a CRA due to inadequate public infrastructure. The resulting document
can be used for planning, tourism, and economic development. The consultant will meet
with the City Commission for direction. In response to a question, the City Attorney said
the. City Commission will continue to act as CRA trustees, with the beach as a separate
district. The CRA will have a contract with the alliance for downtown.
Alliaator Creek Watershed Management Action Plan Update
Mr. Baier said the watershed management plan currently underway is
comprehensive and provides a long range map that addresses physical, chemical, and
biological interfaces between people and the environment. The Alligator Creek Watershed
is the second largest and most urban water basin in Pinellas County. Mr. Baier distributed
materials. Estuary implications relate to the basin's drainage into outstanding Florida
water.
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Assistant Director of Engineering/Environmental Tom Miller stated Environmental
Programs Supervisor Terry Finch also has worked on the project during the past 18
months. The action plan overviews necessary permits and indicates how issues should be
addressed. The City has received program funding from the Water Management District,
and a County and City of Safety Harbor cooperative. Some regional State requirements
currently are being'implemented. The plan includes public meetings and survey work,
considers water quality and sentiments, and proposes resolutions to all problems. A
dynamic model will address flooding issues and identify water flow direction. The Old
Coachman Bridge will require replacement. Staff will review the plan, identify problems,
and prioritize CIP requirements.
Mr. Miller said 89 people attended the April 24, 1 997, public meeting but returned
only 24 comment sheets. The final plan wlll be brought to the City Commission in Summer
1997. Of 44 projects listed in the plan, staff will bring forward the 8 most important ones.
The total project is estimated to cost $25.million. In response to a question, Mr. Baier
said the project will eliminate in.home flooding for hundreds of homes. Concern was
expressed the project not negatively impact other projects.
Clearwater Main Librarv Selection Task Force
The City Manager said the Sunshine Law applies to the Clearwater Main Library
Selection Task Force. As members cannot discuss related issues apart from public
meetings, Task Force members, Assistant City Manager Bob Keller and Library Director
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Arlita Hallam, cannot discuss library issues with other Committee members. She
recommended Mr. Keller and Dr. Hallam attend future committee meetings as staff
members only.
Commission Discussion Items
Garden Avenue Sianal
Mr. Baier reported the MPO (Metropolitan Planning Organization) had requested
removal of the traffic signal at the Drew Street/Garden Avenue intersection. A 1995 study
indicated the intersection does not meet warrants related to traffic signals. FDOT's (Florida
Department of Transportation) Drew Street resurfacing project includes replacement of the
signal span foundations. He stated several nearby businesses oppose the signal's removal.
Consensus was to authorize removal of the traffic signal at the Drew Street/Garden
Avenue intersection.
Fundina Reauest Procedure
The City Manager noted the City had received another funding request from the
Clearwater Bombers. She referred to Ms. Rice's recommendation for the Commission to
consider all funding requests during the budget process. Requests will compete with each
other. The City contributes money to: 1) social service agencies and 2) City-sponsored.
events. The City Manager's proposed budget includes contributions set at last year's level,
including Jazz Holiday. It was suggested the Free Clinic be considered a social service
agency. The social service budget is currently $100,000 annually. The City Clerk
indicated the new budget includes contractual obligations. The City Manager
recommended the City Commission rank all funding requests when considering the FY
(fiscal year) 1998/99 budget. Concern was expressed 4lh of July festivities should not
compete with other events. It was recommended the City reduce funding for Jazz Holiday.
It was felt the City should support the Florida Orchestra and key events, such as Fun N'
Sun. The City Manager suggested the City Commission develop the process later and
discuss this issue further at the Budget Meeting.
Additional Budaet MeetinCl
AND
Standard Meetina dates: a) auarterlv with new employees. b) auarterlv with Department
Directors. c) Strateaic Plannina
The Commission will schedule these meetings at tomorrow's budget meeting.
Emergency Medical Services
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The City Manager reported the City had received a letter from Pinellas County
requesting all municipalities extend the EMS (Emergency Medical Services) agreement one
mws0597
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05/12/97
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Other Commission Action
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year. Ms. Rice and Fire Chief Davidson recommend agreement, The City is due some
additional money. The contract will stipulate those funds are part of the agreement.
Concern was expressed all information regarding this issue has not been forwarded.
Consensus was to advise Pinellas County the City Commission is not in agreement
regarding an extension and is not ready to make that decision.
Citv ManaQer Candidate Selection Process
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Organizational & Employee Development Director Pam Skyrme distributed a handout
and suggested Commissioners take notes during the interviews and later explain the
rationale behind their decisions by presenting pros and cons for each candidate. She
recommended Commissioners discuss their observations before agreeing on the top
candidate. The City Manager referred to a memorandum outlining the standard elements of
the contract. To expedite the process, she recommended the Commission authorize the
City Attorney or City Manager to negotiate a contract. In response to a question, she
reviewed deferred compensation. She stated one city manager was provided a City vehicle
while others received a car allowance. In response to a question, she said floating holidays
can be carried 'Forward only under extraordinary circumstances. General employees receive
2 weeks of vacation after one year of employment. The City Manager indicated a senior
manager may wish to take vacation time during the first year. The City Attorney said the
candidate may request a rapid accrual. It was suggested the position be awarded vacation
time after 6 months. The City Manager recommended the City Commission also consider a
salary offer and review it after 6 months. The City Attorney will discuss related issues
with the Commission prior to negotiations.
Commissioner Seel requested the Commission address the Summer meeting
schedule.
Commissioner Seel distributed a proposed response to a fax from FAST regarding
the proposed Federal telecommunications act. She will forward the response if
Commissioners propose no changes.
Commissioner Johnson was sorry to read that Gabe Cazares had resigned from the
CRB (Community Relations Board).
Commissioner Hooper referred to letters received addressing mariner issues. The
City Attorney indicated she was providing language for a response. Commissioner Hooper
said the letters were inappropriate and inaccurate.
Mavor Garvev referred to a letter from the City of Belleair comparing municipal
water and sanitation rates. She requested a common schematic be used.
Mayor Garvev requested information regarding which school was served by City
crossing guards in the Skycrest vicinity.
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mws0597
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. :: . Mc)vorGarvev 'noted a City o~dinance prohibits parade participants from throwing
objects from vehicles. It was felt candy should be allowed. Consensus was to review the
ordinance.
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MavorGarvev referred to a letter addressing fluoridating City water. Consensus
was: to refer the letter to Pinellas County.
, Commissioner Seel regretted she could not attend the May 14, 1997, meeting
regarding the Clearwater beach Aquatic Cent~r. The Commissi'on will address this issue
. when the Parks & Recreation budget is discussed.
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Adjourn
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