02/19/1991 (2)
'. . ~
'.
"
, '
" "
;!t~'\' :yvx;':; ~,,<i~ii~::::/i!,,:,
, :
, ('.
.. .,',
, . ' ~ ~ :
";:~~.~'~'."','t" :<1:~'
"< <
CJ ",'
"
,1
0'
,C}j
, \
:,
..
"
:\ t'
:~ ~ '. ~
I" .'
iWORKSESSION
':' '. ;.':.' C
.\ ~.' "
, C
t;;::s.:. ' >. ,
"
:\ "',,
:;};c
. City cCommission WorksessionMinutes
J t ~ : , ," '
.t:: . ~ ", l
t:::
.<'! tJ,
....CC.
..'
)',', '
of;:T.,
i.:
c,
C,
, C
I" "
,~
":','~
("I: ~~
)
',Date
, ,
~ '
, ,
,,',
, I
I
,',
i
"
1
,.' '
'C'
, .:
. ':.
" ,
~ 1.
"
);'
o
"
,
;
I
I
I'
,1 c..
,C
"
,
,!C
" .
...
,
~1 ,.
'~~-<lti4 ""~'~,~)C/~{~i:~~1:~~~'.~."S:.(,~;'.'.~.: ...~. .
,. J. . ,
", I' <
,
:"",~"~:t.:l"OT"i ,>" \" c. .,. ,. ,
, ~,' ::~I.:"'~~~~, ,'.,.I.:f<'~:~';\~">i
,
. . T" L,"
'."":,,i'; ')..', ',:,:' ~,:!.'; '\ ;:< )!.:;i.;,::~;r:',\,:(::;'~:r:~:i~~:i(:\:>'~,';~l;;:
'I ,. . '.', IT"
':':': ,\',:,'.:,: '; ":";:::,;',,::', ,C;':"':;;: \
~
~
Q
" ,
CITY COMMISSION WORK SESSION
February 19, 1991
The City Commission of the City of Clearwater met at City Hall with the following
members present:
Rita Garvey
Sue Berfield
Lee Regulski
William Nunamaker
Richard Fitzgerald
, A 1 so present were:
Rein H. Rabun
M. A. Galbraith, Jr.
Cynthia E. Goudeau
Mayor/Commissioner
Vice-Mayor/Commissioner
Commissioner
Commissioner
Commissioner,
City Manager
City Attorney
City Clerk
The meeting was called to order at 10:29 a.m.
First Quarter 1990/91 Budget Review (AS)
A. Ord. #5081-91 - operating budget
B. Ord. #5082-91 - capital improvement budget
This report is based on three months of activity, October 1990 through
December 1990. Although there are variances in revenues and expenditures,
amendments are not proposed until additional data can be analyzed at mid year.
In almost every department there is a fairly significant positive variance
in personal service codes. The original budget included a 2% salary adjustment
to be effective October 1. 1990. These adjustments have not been made pending
the outcome of union negotiations. The Commission approved the transfer of the
fu 11 budgeted pens ion contr i but i on of $3,936,720 exceed i ng the actuar i a 1 requ ired
contribution by $865,130. This excess contribution may be used in future years
to offset increases in the annual contribution requirement.
On December 20, 1990 the Commission approved the establishment of a
Stormwater Management Program consisting of new and enhanced stormwater related
activities to be funded by a stormwater utility fee. A stormwater utility
enterprise fund has been created in order to account for this program.
The most significant adjustment in the General Fund is the correction of
estimated revenues in the Parks and Recreation Department for the change in
accounting treatment for programs conducted by contract professionals. Other
General Fund amendments include the Commission approved adjustment for a sign
amort i zat i on program in the P 1 ann i ng and Deve 1 opment Department. A 11 other
, amendments are administrative in nature or immaterial in amount.
The amendments to the Marina Fund reflect Commission action to reimburse
the marina from the parking fund for the revenues lost by the conversion of the
marina service station to paved metered parking.
minws02b.91
1
2/19/91
. ' ~ .
:' > I '".:
; ~
,I~
"
,d.'i;t\
I,.,~#
~,-"'..I
~
The amendments to the capital improvement program total a net decrease of
$1,776,437, primarily reflecting the Commission approved changes in the current
year funding of UPenny for Pinellas" infrastructure sales tax projects.
The City Manager indicated rea 1 trends for budget adjustments wi 11 be known
at mid year.
" In response to a question regarding amendments needed for the high cost of
fuel f Betty Deptula, Administrative Services Director, indicated so far the Motor
Pool has not adjusted their fixed costs to account for the rise in fuel prices
as they are waiting for clear input of the increase.
In response to a question regarding fire alarm fines being down, it was
indicated this is a result of the positive effect of the ordinance which was
adopted to try and alleviate the number of false alarms that occur.
Status report reQardinQ RecyclinQ ProQram (WSO)(PW)
Bob Brumback, Assistant Public Works Director for Utilities, handed out a
brochure which charted the plans for Solid Waste Management over the next five
years. He stated the law require the solid waste stream be reduced by 30% in
1994. He stated that by October 1, 1992 if the City has not recycled 50% of its
containers and newspapers, the County can charge the City an additional charge
of 1 cent per container and 10 cents a ton for newspaper.
In response to a question, it was indicated the 30% has to be 30% less than
the 1988 level of solid waste.
Mr. Brumback reviewed the current programs stating the City has nine drop
off centers and curbside pick up in certain neighborhoods.
In response to a question, it was indicated that while there have been
difficulties with the contractor for the curbside pick up, this is being dealt
with. It was also indicated the City picks up white goods and sells them as
scrap metal however, this is not self-supporting at this time.
In response to a question, it was indicated glass, newspaper, cardboard,
a 1 urni nurn and tin resu 1t in revenues. I twas i nd i ca ted however that the
collection may be more expensive than the revenue taken in. It was stated the
City generates revenue from white goods and possibly office paper.
Mr. Brumback indicated the City is currently at 12% of the 30% goal. He
indicated he believes the City can make a 50% reduction in its solid waste stream
but a. comprehensive curbside and commercial program is needed. They are
proposing the use of an 18 gallon container which will hold an average family's
recycables for a week and there be a curbside separating truck. He stated this
curbside pick up sort will be done with in-house resources as much as possible.
It was indicated there are two components, residential and commercial and
commercial includes multi-family. Commercial has a very clean waste stream and
the City can use existing equipment.
minws02b.91
2
2/19/91
";' :\.,_ 1""""
. ,. ~ I
'J
The issues to be considered are the City contracting the serv;cej marketing
wi th other c it ; es and market i ng the recycab 1 es by ra i 1. Some ord i nance r:ev is ions
are being proposed which will provide definitions, prohibit scavenging, provide
a commercial rate structure, a residential rate structure and a roll off rate
structure. It was indicated-that white goods are most profitable and people are
picking these up prior to the City getting to them. It was indicated that the
cost to the customer is not known at this time for the new recycling program.
In response to a question, it was indicated that once a week garbage pick
up has not been experimented with at this point.
Contract for the purchase of a natural Qas fired rad iant non-vented heat inQ
5 stem for the Fleet Maintenance sho area to the Cit 's Utilities Gas Division
for '18 043.00 GS
Bids were sol icited and received for a natural gas radiant non-vented
heating system as recommended by the City's Energy Manager. The heating system
is to be installed in the shop area of the Fleet Maintenance facility located at
1900 Grand Avenue.
During the bUilding's alteration to a Fleet Maintenance facility, the
existing heating system was removed from the building due to the fact that the
system did not meet the City's Gas Code which is based upon the National Fire
Protection Association (NFPA) regulations. Therefore, the shop area is without
the benefit of a heating system.
tel;:;, In response to questions regarding whether or not insulation and radiant
"'!~/ heat were considered, it was indicated these would not be effective for this
facility.
In response to a question, it was indicated all overhead is included when
a City division bids for a job.
Agreement with the Clearwater Slow Pitch Softball Association. Inc. (PR)
The Parks and Recreation Department has worked for many years with the
Clearwater Slow Pitch Softball Association (CSPSA) in offering slow pitch leagues
and tournaments. The most recent agreement with the CSPSA was for a three year
period which expired on January 7, 1991. The CSPSA membership is comprised of
softball players from City leagues and their primary interest is to improve City
facilities and programs. All monies raised by the CSPSA are used for softball
and, in the past few years, they have installed fencing at the Eddie C. Moore
Recreat ion Camp lex, purchased approx imate ly $20,000 worth of cancess ion equ i pment
for the concession room, installed rain gutters around the concession building,
constructed roofs over the Eddie C. Moore dug-outs, and expended about $10,000
for the construction of new dug-outs at Ross Norton Park and Chesapeake Park.
The recommended agreement is for a two year period and is very similar,
with only minor exceptions in wording, to the previous agreement. In addition
y
minws02b.91
3
2/19/91
~
to contributing toward improvements at City softball facilities, the CSPSA
sponsors numerous tournaments which attract large numbers of players from in and
out of Florida. Staff feels the agreement is in the best interest of the City,
the CSPSA and softball enthusiasts.
.~. ,
In response to questions regarding changes in the agreement, Ream Wilson,
Parks and Recreation Director, indicated the term is now two years instead of
three and there wi 11 be ten tournaments instead of twelve. He stated the
Association will be responsible for the tournaments and can not use City
personnel. There are no changes to the insurance requirements.
Contract for the expansion of Ervin1s All American Youth Club Buildinq to
Shamblin and Franks Construction for $64,815.00 (PW)
In the fifteenth year Community Development Block Grant (CDBG) program,
$24,000 in public facility funds were allocated to construct a shell addition to
Erv in's A 11 Amer ican Youth Club wh i ch wou 1 d increase the floor area by 1,000
square feet. Subsequently, the size of this increase was proposed to be 1,500
square feet and several additional work items were included in the scope of work.
On January 24, 1991, the Commission approved increasing the budget from
$24,000 to $59,000. The existing metal building is owned by the City and leased
to Ervin's All American Youth Club for the purposes of providing educational and
recreational opportunities for low and moderate income children.
This construction project was advertised for bids including the base metal
c'~:(.) addition and three alternative as follows: Base - 30 x 50 foot metal building
~~ addition with electrical and plumbing rough-in and life safety equipment only.
No interior finish work or work on existing building; Alternate 1 - Reside the
existing building to match the new addition. This also includes the removal of
existing windows and the addition of two new windows; Alternate 2 - Interior
finish work for the proposed addition. No H.V.A.C. work or suspended ceilings;
and Alternate 3 - Installation of suspended ceiling in the addition and
installation of complete central H.V.A.C. system for the entire facility, and
complete electrical upgrade.
Six bidders responded with the overall low bid of $64,815 being submitted
by Shamblin and Franks Construction. Staff recommends approval of all three
Alternates which will result in a cost of $5,815 over the approved budget of
$59,000. Additional COSG funds are available, due to receipt of excess program
income above prior year1s projections. This revision to the COSG fund statement
will not require formal amendmentl as it does not constitute a substantial change
to the overall program.
In the event it is decided not to increase the budget to accommodate all
three Alternates, staff would recommend Alternate 1 not be accepted which would
reduce the overall contract cost by $8,008 to a total cost of $56,807.
In response to a question, it was indicated the total cost proposed does
include Alternates I, 2 and 3.
"
",
.. ~ \
','
";"".
",!
'..'
"I:',
,.J.
.. ,>
',:1.
:l, "'..
/:. I'
~", I
, ,
:. ~
,,';
~ ~':.: ':
:.; ;~':.
",: :
'"
j:"
~ 1,. .~
".,'
.. '
,'.
.i .:.
. ,r ~ ': ~
v
minws02b.91
4
2/19/91
!
i
I
!
!
I
l
\
I
~
, ",j
,",
,,'
.: '
C "
" '
'-e,"
.' ~ ':.,
:. ~' c'
, ,
"
....... l""
,":..... '"" : .:: "c "
. \. ':".'~.:... '". ~~,::'.",~'.",",'::" ":",'
~ ~:
. ','.
. " . II I' . ' 0"/
.. "" ',,':';',~':":,:<"...:~'/ '.< ',:"',,: ",. "','.',, ,'..,".: '\ ,:': .::'~:, .>' ..,,'\' ,,",,c".. " " " ", ,;'>:.":,':',,1 ,"
'..,.. "..'.':'\';.c1.: ,'\,'..,.,..,' '"",' ',> ".',:;.. ,,',c ".',',..,c,,:->;,:,':::,.,-;../':..'..~:':,::,:,":,...,', " ,:".,"c , "
, ",.. ".,,;:;:.; ;,::;",;s:\:;jrL':,:),' .i.:.: ",;',.:S;,;~..' ..:;:., :,:'d;(:rii;:IE.:/.,'
. r,' l" !'.
. "I
. ,
"
,:, .
'0' ,
'" I'
I I '", I~.. .... ;.
:-
.. ,~. . , I l ' I : ~ ','.
" C
'. '. ..<
"
~~
" "..:'
/.
'.
",'
'"i"
"
..\'
It was indicated the backflow prevention devices cost the City $116,094 a
.~
A question was raised regarding Pinellas Trails and it was indicated the
portion through Clearwater would be one of the last portions constructed.
\,,'
I,
..,.
. .oj
, . '. ~
.....
"
On March 1, 1990, the Commission adopted Ordinance #4945-90 which
established customer charges for required backflow prevention devices. When
required, the devices are installed and maintained by the Water Division. Since
the adoption of this ordinance, it has been enforced primarily to ensure
installation of proper devices on ~ service connections.
Now that experience has been gained in installing and maintaining backflow
preventors, and similar detector check valves and double detector check valves,
it is desirable to begin installing these devices on certain existinCl water
service connections that are considered potential hazards to the public water
distribution system. The existinq service connections do not have the backflow
prevention or detector check valves devices because they were not required at the
time of original construction.
, ,To provide existing water customers some rel ief from the establ ished
charges, proposed Ordinance #5080.91 establishes separate reduced charges for
these installations, when required, on existing service lines. The reduced rates
include costs for material only - the City will provide the labor for
installation at no charge to the existing customer. The Pinellas County Water
~A System offers similar cost savings for this type of installation to existing
~~~, customers.
..";,
~ . . ,
..'..:.~
:J.'~J
'c'
:::.l::
/.....
'. '
, ,
, c,
")j.
" \:
'..',
...'."
.',.
.,''':;
~:, .;:
, "
.~. .'
'.::":'.:
../\'
.;J
\:.'
," '
The proposed ordinance also modifies two existing rates for backflow
prevention device installation to make them more compatible with actual costs and
establishes definitions for IIdetector check valvell and "double detector check
valve".
.~ .' '.'
'.. .
" ,
c "
" ,
I .~,
,
" '
'r' :,
1.'.\
year.
....:
In response to a question, it was indicated there would be no additional
employees needed for this program.
In response to a question, it was indicated this was not for use with
reclaimed water and is for potable water. Currently FDER does not require
backflow prevention devices on reclaimed water systems.
In response to questions regarding the reclaimed water system, Bill Baker,
Public Works Director, indicated this will be a 15 year program. The plan is to
start in Countryside with a pilot project. He stated the City will be budgeting
reclaimed water projects as we see the need and the practicality. There would
be a charge for the water.
:: .:.~.
,. ; ~
~ :.. ~.
.1",
~ ~ ;'.~ .
" . ~~;
~ I w j
......)i..
"
'.::'
.1""
. '.' ~ '
, ,
.; "
....
:. . ~
'/: "
" '
:.:.;,
o
minws02b.91
5
2/19/91
, 'c
""',
.:.: /
::':",:
l'..
~ .:!."
'; .'
c, .
,.' .
..
I,
:..1'.. .;' ~ .
'::::;)~:';:'<, ~:):(:),,':,,~~";:;'..,;:':':':c :',: "'::'::';:, ,",':: ,.; ," .. ,'..c:" -::~"',:>:-::,:':' ,c''':',: ,,<, :'>, .. ,',' .' :.' '.. :;:(.',' ":,, ,":" :.'l "':c" I,' \ ' 'c "... " ",,' ': .. , ,",' . '.-. ',":'~'<:\',':~,:,;:';,:, "
: ,;,','::'. :' : '< (: " ,.': : : ::'; ':,; \, ; ,:c: ': .,:,';':'~:,::,:'i;-..: :":: ~':,',~'~:.:'\t,:;: ~,}d\; ..., , ',. .' .:;"'i:::{,; 'c.~:;"':~",.;,::.:,..,.,.:,,,,:,::;':.,.c:,,',':~':",",:,:,.~,:'.~.,:;,'cc:.':;'_:"',;:"',,,',':,:',::'::""..,/t::>:,>' ;',<'::. ': .".'.,::~' .>;',' ',' '. '.".. ';',. ',.,',:,: ,.: ',':.,
, .....:..... . . '. ','" . j " . . , .. " .,.. . 'J "",, ',', ,:, ',,': ~::":""',,,,"',,'c",'.,,,~,::::,'.;,',,':,".':c,":,:,:,:';"':",:<'c: :.,',:,',,',I:'~,: :,: ~ .:.,~ '; ','. t' .'.:>,.., ,,:.' ,:.~,',."',,.~,.:. ':'~', ...<../'.,,; ....
", .;:;:',':,:" 'I .., .,',:,;,' " . ",",:' ,',',;":,",,.,:,....::',':_<c<,~:..l:,)'c::;,:,.,';' "', ',.,'. ". . \. i'
,',' {':":-::':"',.' ,,' ,," ,"..' !7".. "".., ,<,,'.':,:,":<,/:'.,",
.::
~
;.1
"
< ~.
"
~ ',i
: :
. ,
, '
'.
. i
,
"
,"
,.' .
. \.. ~
....
:,:';::
:'.'
'. . ~,...
",.t.'
,,,,'
. '
"
"
.: I,
; :",
,
,',
(~)
~ .' .
:",1.
" .
"to"
{. :.~
!,','
,'-
I:'..:.
"
. ,I"
'. : ~'
. "
. .."
, ,
'r'
~;:', '.:
'.'
. ~{. '
. ,
'.',.i
: ,\ ~:
.'!;',:.
" ~ : I
" ,'1
>jll
c"
.I','j
:,'!
:', i
't "
"
"::.
" '
,I :,.'
."
'. ,
'c
~ ..
....
~~
'"'1::
d~',.
. ;'~.:
I,f,
;,
'.
r ",:,
,'" '-,
(Cont. from 2/7/91) Public Hearinq & First ReadinQ Ord. #5084-91 - VacatinQ 16'
east-west alley lyinq N of Lot B. BerQens Replat and easterlY 1/3 of Lot 2. and
the westerl 1 3 of Lot 3 Blk 2 Jones' Sub. of Nicholson's Addn. to Clearwater
Harbor (Salvation Army V90-14 PW)
This portion of the Salvation Army's vacation request was continued from
the February 7, 1991 Commission meeting. The vacation of the 15 foot north-south
alley lying west of North Ft. Harrison Avenue, was approved on February'7, 1991.
The applicant is proposing to construct a new parking lot which will
include the land now occupied by the alley.
This petition was reviewed by the various City departments/divisions
concerned, and except for those of the Public Works Director, there were no
objections providing full width drainage and utility easements are retained.
Florida Power has no objections providing full width easements are retained.
General Telephone has no objections providing a 4" customer owned conduit is
provided for their use. Vision Cable has no objections.
The Public Works Director has reviewed comments submitted by the reviewing
departments and made an on site inspection of the alley. The Director recommends
the east-west alley should not be vacated because it does represent a traffic
option which, were it lost to the public, would create a longer route of travel
for the citizens adjacent to Osceola Avenue between Jones Street and the alley
in question. An acceptable alternate access easement dedicated to the City would
eliminate his objections.
It was stated there is a petition in opposition of the vacation.
In response to comments regarding the deplorable condition of the alley,
Mr. Baker indicated if the Commission does not approve the vacation, the City
will fix it and there still needs to be a traffic option available to residents
in the area. It was stated that the overall site plan requested has not been
provided to staff as of yet.
Contract to purchase a crew cab truck for the stormwater utility section of
Public Service to Karl Flammer Ford. Tarpon Sorinqs, FL, for $15.186.00 (PW)
With the creation of the stormwater utility ordinance, Public
Works/lnfrastructure-Public Service, as one of the recommendations of the
stor~~ater utility program, established crews for the expanded level of
maintenance in the drainage section (especially in ditches and creeks) for the
FY90-91. These employees are to commence work in February 1991.
This vehicle is a new item to be used to transport personnel and equipment
to and from the job site. The 1990/91 Stormwater Util ity Enterprise Fund
includes sufficient monies for this purchase. A total of 13 bids were solicited,
with 1 bid received, 1 no bid and 11 no response.
Only one bid was received due to the history of bidding against the State;
Flammer Ford is the only competitor to ever underbid the State. Therefore, other
bids were not solicited beyond the first "invitation to bidlt.
minws02b.91
6
2/19/91
. . .. --.------
',:'::,:,1,:: :""!";~"::\'(i':~:,:,':;',;",,:,:',::\::':;:c,:,".\::,'~,',';""':"\:""""":':':"""'~':""'"','..,>:,,'.,',': ,c,': ~:.:c:,<I,:".,:.,; ',~:' ~ ,,':",':,:',' ":.~',',,:c,.:,:..,,:::,:,,.,: ,:' :",',::,~:'::",:::::,',::~:.,,'.,':: ,,"",,',: '"~I :,:, ',c,'.', :" ,:,: /,"':::; :: '., ,',: .. '.1 ,.:, :'..:' ,", ," " , . ," " ,'~ :.':: :>' ',': ~',,'" ~'.:;':> :-':' '~ '",'" ::c .:,l;.,':"',:',',,,':..:',:...,C'.'.'I':::,',:.:,.,',,',;,',:::','".,.":':'~I::!..':',',i.:,,,_i,::,.,',.\','",:;,c,:,'.',:,'::':,:.:.':':';,': :,','::.','::,;".:,~: :,:~,:.:~:i,:,:.~':,:,..:,::.:,',.,,',::,':C,:,:.':'.~.,:':,:,::,':'.'..;',:,:'::.':,":,::,'::!,':,':.:,:.',':,.;:',::..,,:':.:':,:,:'.:'~:".:.\:.,'.',.J':.. :.:;,":,",','.':,o.;.~:',',':..,),.:','..,,:,~,.c.',,:..',:,':.,,':,'::~.:,':: ':.,.:,':;:::':,',:,',",I,.;:'",'."'::,;,~c,.:.:
>,.';. · ,. .. . ,', ,.,:,'>::: ':', ',.: ,.;"':~':;' ,ii/;,i::\,' ;/,",~:'<;:,:)~;"~L:<::':;;:~'" . ',. .. '.', .. .. .... ,".,' . '.., '.~,
'1
In response to questions regarding why a camper or pick-up truck could not
be used, it was indicated it was felt this would not meet safety standards.
The purpose of this Change Order #1 is to provide the contractor with a 30
calendar day time extension. During the earlier stage of the project, Westra
Construction Corporation encountered delays from both the Seville Condominiums
(Mr. William Albrecht) and Mr. Alan Stowell, a property owner just west of
Thornton Road. The contractor had to provide the Seville Condominiums with
written documentation regarding his work procedures, work limits, clean-up
operation, excavation, back-fill and work hours in the existing easement crossing
the condominium property. The contractor lost 15 calendar days at the Seville
Condominiums. .
Further, after a considerable time delay, the proposed 30-inch pipe liner
cross iog the property of Mr. Alan Stowe 11 was canceled by the Pub 1 i c Works
Department. Mr. Stowell would not permit any construction activities across his
property. The contractor lost 15 calendar days at the Stowell property, which
accounts for the total requested time extensiol1 of 30 calendar days.
The City Manager indicated the basic problem has been with accessing the
line in order to rehabilitate it.
f~~ Concerns were expressed that if there were a failure of the line, who would
<i~~ be responsible and if there was any way to protect the City as the property owner
has not allowed access to the property in order to rehabilitate the lines.
In response to a question, Cecil Henderson, Assistant Public Works
Director, indicated this is an old easement and in the easement it says the City
must get permission to do the maintenance and Mr. Stowell, owner of the property,
has not given the City that permission.
There was concern that should the line fail, the untreated sewerage would
go directly into the bay. In response to a question, it was indicated the only
recourse would be to condemn and take the property. It was indicated there are
four manholes on the Stowell property. It was questioned whether or not the City
cou 1 d put Mr. Stowe 11 on not ice that he was 1 i ab 1 e shou 1 d there be a line
failure. It was questioned how to establish proof in the record of him not
allOWing the City on the property. It was indicated an affidavit could be put
in the file. There was concern regarding the need to build a case for potential
action. It was stated the City needs to take some action as it can not allow the
line to just sit there. It was requested the property owner be put on notice.
Approve contract to purchase Lots 8 and 9 of oriQinal Lot 2 of the R. H. Padqett
Sub. owned bv the heirs of Arthur Miller for $75.000 (PW)
The subject lots are located at the southeast corner of Pierce Street and
Washington Avenue. The lots contain 13.290 square feet m.o.l. and the cost i:9
u
minws02b.91
7
2/19/91
l
(
I
i
i
I
I
I
l
~
~
$5.65/S.F. Staff considers the price to be reasonable market value. The two
lots are being purchased for future development.
The contract for purchase contains the signatures of three of the six
owners. The listing realtor states that all owners are willing to sell but three
live out of Clearwater. Approval of the contract by the City is subject to
obtaining the signatures of the remaining three owners. All owners are expected
to be available to sign documents at closing.
In response to a question, it was indicated this property will be used in
conjunction with the annex property. An environmental analysis will be done.
Revised Exhibit A & B to the Natural Gas General Service AQreement with Florida
Gas Transmission Company to increase the maximum daily contract auantity of aas
supply for October from 48.350 to 58.430 therms per day in Phase I and from
49.300 to 74.960 in Phase II (PW)
The City's natural gas supplier, Florida Gas Transmission Company (FGT) has
made available to the City a permanent increase in supply for the month of
October. FGT has submitted second and third revised exhibits A and B to the
original general service agreement, which was approved by the Commission on
November 16, 1989. The revised exhibits A and B increase the City's October
daily gas allocation. The City's current exhibits A and B provide 48,350 therms
per day in Phase I and 49,300 therms per day in Phase II for October. The second
revised exhibits A and B provide 58,430 therms per day in Phase I. The third
revised exhibits A and B provide 74.960 therms per day in Phase II.
~~,
t~
~~ The City is currently allocated gas supply under Phase I Exhibits A and B.
The City will automatically come under the allocation in Phase II exhibits A and
B, when FGT finishes Phase II pipeline expansion approved by the Federal Energy
Regulatory Commission. The expansion will provide additional gas capacity of
100,000 MMBtu per day for FGT customers.
In October 1990, due to increased sales, the City had four days where its
gas usage exceeded 40,000 therms. One day reached 45,910 therms, which is within
5% of the current maximum daily contract quantity. The City had overrun gas to
backup its demand but still needs the additional supply for future growth. Staff
feels this increase is in the City's best interest and will supply its efforts
to acquire new customers and promote sales.
A question was raised regarding whether or not there was a commitment to
buy the total amount. Bob Brumback indicated there is a reservation charge and
then an additional commodity charge if the gas is actually used.
It was indicated revenues were down because of a mild winter and a question
was raised regarding a 5% increase in October. It was indicated People's Gas had
the same experience and there was no explanation.
Public HearinQ for purpose of obtaininQ public input reaardinQ Route and Schedule
ChanQes on the Jollv Trollev servina Clearwater Beach and Sand Key (PW)
The Jolly Trolley route operated by Pinellas Suncoast Transit Authority
v
minws02b.91
2/19/91
8
~
(PSTA) which is routed across Clearwater Pass Bridge to the north end of Sand Key
and returns to Clearwater Beach, was in the past officially established by PSTA
as a 30 minute route. The City requests that PSTA add an additional stop along
that route at the Shoppes of Sand Key, adjacent to the new Radisson Suite Resort.
The City has been informed by PSTA officials that because this route has for some
time taken longer than its official 30 minute designation, a publ ic hearing
wherein the route's length and time schedules are discussed is necessary to
accomplish the additional stop. PSTA staff will be on'hand to speak at the
hearing. City staff recommends the route's official time designation be either
40 or 45 minutes and the additional stop be accommodated.
While the public hearing is required to be held, no action will need to be
taken by the Commission other than receiving public input. PSTA will take any
comments or quest ions that are presented at the pub 1 i c hear i ng into cons iderat ion
when they take action regarding the schedule change.
~
For a number of years, Rick Emshoff, of Suncoast Aviation, has served as
the Fixed Base Operator (FBO) at the Clearwater Airpark. The lease agreement
will allow Mr. Emshoff to continue as the FBO for an additional five years.
The major points of the lease are: 1) The FBD is responsible for the
normal maintenance of all buildings and structures in their current or upgraded
condition. The City plans to upgrade a number of the facilities including the
maintenance hanger, operations building and shade hangerj 2) The FBD agrees to
provide fuel sales, aircraft rental, airplane maintenance and hanger and tie-down
minws02b.91
9
2/19/91
! '
\
i
i
~
. . ~
, l:
I
. ~,.
.l
;',;
I.l,
;~.,:
f'
. }.
:-,'"
~ : .
I I ~ :,.
.,'..
. .:.I:~:
, I'
"
. "."
""
',:.
.. : ~. I
" '
c, '
" ","
r',
".+"
",
"' ,"
....
j;:',:,:',
"
~,
"" ":
-.j:
.' ,
,",'"
'.,<,
, .
~. ,":.
"1'
: .i.~':
i: "
..
/...;
';.,<,
'"''"OJ
. ~ r ;
,:...',
'\"i
, "
. '
'.~ '.i:.~
~ ,"
...... ,
. I,"
:;'"J
,"
".'.
, ,
, : " ~
.,",C
\:.....'
" "
:~.t
, "
"
.::,i:_
v
".,>,
.
I '}'
, 'I'
. ,; .",
, ,.1"
":',1";"':
, .. i ~ : ~~. . ~ / '"
.: . ,~, . ::, . \
'., 'I
':-.:-, .': '.
..,~.~~:.
space. He may also, at his discretion, provide a number of other aircraft
related activities; 3) Rental payments to the City will be $4,050 per month plus
three cents a gallon on all fuel sales; and 4) All individuals who retain an
airplane at the Airpark will be required to sign a sub-lease agreement.
A question was raised regarding fuel sales. Mike Wright, Assistant City
Manager. indicated currently there are no auto fuel sales on the property and
this'would only be allowed if separately franchised. This is not anticipated.
In response to a question, it was indicated the City does not receive any
revenues from aircraft sales.
A question was raised regarding what authority the City had over approval
of rental rates. Mr. Wright indicated there is a built in CPI clause. Mr.
Wright indicated this agreement will resolve the Fire Marshall's concerns
regarding sub-lease agreements. The lease provides $50,000 in revenue over a
year and the City is spending $25,000 plus on mowing. This does not leave much
revenue for improving the Airpark.
Mr. Wright indicated that in addressing the usage of the Airpark, when he
asked individuals who fly out of Clearwater/St. Petersburg Airport why they did
not use Clearwater, he was told because they can not get into the Clearwater
Airpark at night. He stated the best revenue would be generated from corporate
based planes and flight schools.
It was questioned whether or not additional commercial use would result in
additional revenue to the City. Mr. Wright indicated only in fuel sales under
the current agreement.
In response to questions regarding increasing activity at the Airpark, Mr.
Wright indicated this is a short term agreement of five years and he does not see
anything happening to change the Airpark as it is in a holding pattern at this
time. He stated the golf course lease expires in eight years and there may be
some movement and more revenue available at that time.
Staff has prepared the initial series of Land Development Code amendments
in the second phase of proposed amendments. Due to the large number of
amendments in this second phase, staff will bring only a limited number of
amendments to public hearing at anyone time. This will allow adequate attention
to be directed to each of the proposed amendments.
Proposed amendment J would adjust quorums for the Planning and Zoning and
Development Code Adjustment Boards. It also permits the boards to take action
to continue items when a quorum does not exist. Also, alternate members would
be provided for the Development Code Adjustment Board to ensure a quorum and to
assist in the transition when membersl terms expire.
In response to questions regarding the purpose of this ordinance, it was
indicated that currently the DCAB has five members with four being established
i
I
}
1
i
i
I
t
1
,
l
\
,
!.
i
minws02b.91
2/19/91
10
, ' '
, , ,
l . ~ .
,\:' "":,' :,:..." '..'..'c',<<,',',':., . ,',',:...:'::, ;,.'.':.::,:.l(;;,',:;'::"c!:,,:::, ,'Ie':" ;'. "r,:' C,',>',"',,: :'.. <'<"'!c \'",
';/,., '~.,,'.'~,: ::'.' .'. . ,:;, /.:()::. ::':"; ; ,'.'.:, ' :~t ',".. ", ,: ~:~.::~::> (Ii::":,/'.l\:::i:':;:::; :.:?\::[::,,:":':::::/'i
'....
, ,',
c, .'
". ',".'
.;'
.,'.
.~
as a quorum. There is ,a problem with approving any action without a quorum
being present. It was indicated that one of the reasons for the recommendation
is that if a conflict of interest is declared, the board at least needs to be
able to vote for a continuance.
Alcoholic Beveraqe Distance Separation Variance for property (Stinqers) located
at 20568 US19N, Sec. 18-29-16. M&Bs 41.01 & 41.03 (Angel Properties AB91-04)(PLD)
The applicant is proposing to establish a new 4-COP alcoholic beverage
sales establi5hment to be known as IIStingersll in the northeast corner of the
exist iog uJersey Jim Towers Shopping Center II bu ilding. A vari ance is requ ired
since the proposed facility is within 40.4 feet of an existing 4-COP
establishment known as UTattletalesll.
The Planning and Zoning Board will consider the conditional use permit
request associated with this item at its meeting on February 19, 1991. Results
of that meeting will be verba 11 y presented to the Commi ss i on.
The UStingersU facility was originally proposed to be located in a
freestanding building to be constructed on the southeast corner of the shopping
center property. The applicant has revised the proposal and now intends to
locate the facility inside the existing shopping center building. A 4,000 square
foot balcony addition within the shopping center structure (no change in building
footprint or exterior elevation is proposed) is part of the applicant1s plans.
No concurrency problems are anticipated, due to the "off-peaku nature of
l1U1A the use, as well as the fact that there is an existing development order
~~ (certified site plan) remaining current on this site which has a higher trip
generation factor than the proposed use. In effect, the proposal will "tradel!
the traffic capacity reserved under the certified site plan use for the capacity
needed for the proposed use. Since the certified site plan contained a ~
10,600 square foot structure, and only 4,000 square feet of new development is
proposed, the trade-off results in a net capacity IIgainll.
The proposed location for the "Stingersll facility is a good one from the
perspective of community impact, it1s not located near schools, churches, parks
or residential areas. No negative impacts are anticipated from the proposed
facility due to its location near another similarly licensed alcoholic beverage
sales establishment.
t"., A
W
It was indicated a preliminary site plan for this center was needed in
order to know the whole impact of this proposed alcoholic beverage establishment.
In response to a question, it was indicated the site plan which has
previously been approved for this site is still valid. There were concerns about
approving this request and it was indicated the permit must be obtained by April
of 1991 and conditional use and variance approvals are necessary. It was
indicated the applicants have indicated once they have received these approvals,
they will modify the site plan.
The City Attorney indicated that approval of the variance could be
conditioned.
minws02b.91
11
2/19/91
I
I
I
l.
\
~
I
l
,
}
olicies to s
The City's concurrency management system uses development orders as the
means by which concurrency requirements, including vested rights determinations,
are implemented. That is, the City ties even its vested rights determinations
to the time period(s) associated with the underlying development order(s).
One of the most important development orders in the development approval
process is the certified site lane These plans typically contain two time-
related requirements: 1 When the first building permit must be obtained~ and
2) When all certificates of occupancy must be obtained. If either of these is
not met, the developer must request revalidation (extension) of the certified
site plan. Reasons for revalidation include: a) Failure to obtain financing in
a timely manner; b) Other agency permitting delays; c) Site conditions requiring
minor plan adjustments; and d) Other such scheduling delays. Plans which are not
extended are required to be resubmitted and "recertified", although technically
this represents a new certification. Such recertified plans would lose their
place in the City's concurrency management system "linell and may therefore not
be able to be approved ("re-approvedll) if there is a level-of-service deficiency.
Because of the City's concurrency system's "first come, first served II
approach, it is important for the City to revalidate certified site plans in
direct proportion to ,the actual progress that is being made toward development.
That is, the City should not extend site plans for which no serious progress is
being made; likewise, the City should extend plans for which construction is
t'lJb, substant i a lly underway and all impact fees have been pa i d. Fa 11 ure to extend the
:r.~' first type of certified site plan (no construction example) has no real effect
on vested development rights, because none have been established~ failure to
extend the second type of plans (substantial construction example) may very well
violate the vested development rights of the property owner.
Because there is a continuum of possible development circumstances (e.g.
from 0 to 99% constructed or from 0 to 100% impact fees paid), staff suggests a
Revalidation Table be used as a guideline to establish revalidation periods.
With this table, only minor extensions are allowed for projects which have barely
begun the development process. This table would be considered a general table
allowing staff some flexibility in making determinations where special
circumstances exist. This table would serve as an incentive to developers to pay
all required impact fees early in the process thus helping to separate projects
which have adequate financing to finish development from those which do not.
This table would not serve as a "hard and fast" rule, but would serve as
a policy guideline for staff to follow in making administrative determinations
concerning revalidations and vested development rights. It is proposed this
table be added to the administrative procedures for concurrency management.
Jim Polatty, Planning and Development Director, indicated that currently
it takes six months to pull a permit and eighteen months to obtain a certificate
of occupancy. This assures the project proceeds in a timely manner. He stated
a problem will exist if they run'out of time and the project is recertified to
give them additional time. If the reasons for the need for the extra time are
~
minws02b.91
12
2/19/91
i
I
I
\
\
1
~
'8.,
, .'
....r.,;,
\cJ
reasonable, staff will cooperate. He stated that since the adoption of the
vested rights ordinance, staff needs to relate the recertification to property
development rights. He stated he believes these guidelines are equitable and
fair.
Sian Reaulation - Interpretations and Suaaested Amendments (WSQ)(PLD)
The Planning and Development staff has initiated the sign amortization
inventory program. At the current time, the program is moving forward quite
smoothly and onMschedule completion of the inventory is anticipated.
The program has resulted in some necessary code interpretations as well as
some suggested areas of code revision, as practical difficulties with code
compliance have been identified.
In connection with the first interpretation regarding directional signs,
concerns were expressed regarding the need to limit the number, limit the size
of the commercial logo and to not allow them more than 3 square feet.
There were no problems with the interpretation that signs on parapets can
be considered as wall signs.
Discussion ensued regarding how to measure 2 or more signs in order to
determine if they are with in the tota 1 square footage a llowed. It was i nd icated
that unless the City Commission directs otherwise, staff will continue to use the
method of the 1 geometric shape to measure these types of signs.
There was no problem with the interpretation of neon lighting not being
signs and therefore considered architectural elements.
Regarding the interpretation that goods or merchandise placed in windows
are not counted as signs, it was indicated it should be that these items placed
in storefronts are not signs but things placed on windows are signs. Staff will
amend the proposal.
There was no problem with the interpretation regarding signs over service
bays.
A question was raised regarding whether or not any action was desired on
a letter from Mr. Reuter regarding allowing advertising on bus shelters. It was
indicated no action was desired by the Commission.
There were no objections expressed to the suggested text amendments.
Verbal Reports
It was announced there would be a meeting tomorrow night regarding the
Stevenson's Creek project. It was indicated there would be no action taken at
that meeting. It was for direction and further education of the public.
minws02b.91
2/19/91
13
..' ',.'
"j ,.
f)
:..::.' .
'"
-,
:,"!,.
"
"
:Q
, '
(:
~:;;
", l.f..
.. . L, ~ , , j
. The, City Attorney reported that based on the recent ru 1 ;ng of the
constitutionality that the Charitable Solicitation Ordinance is constitutional,
he will be meeting with the City Clerk and Alan Z;mmet regarding enforcement
'procedures. He is telling people, at this time, not,to proceed until they hear
from the City. He stated the Plaintiffs still have the opportunity to appeal and
. it is unknown what they will do. Mr. Galbraith indicated he intends to enforce
the ordinance unless a stay is issued.
Resolution #91-4 - chanqinQ the name of Jack Russell Stadium to Jack Russell
Memorial Stadium
A question was raised regarding the request to rename Jack Russell Stadium.
It was indicated the ,proposal is to add Memorial to the name.
Concerns were expressed that by adding Memorial it will indicate that the
park was not named until after Mr. Russell's death when it was named for him
while he was living. It was felt it may be more appropriate to dedicate a
memorial to Jack Russell in the stadium. The City Manager indicated' the
individuals making the request are pretty much locked into this, however, he will
talk to them prior to Thursday night.
The meeting adjourned at 1:35 p.m.
minws02b.91
14
2/19/91
~ i4i'~~' I: Ej i !.~:t~',r',. , ,.;~'.~t:.' ~ ': I~l ~ t '. i,. .,f -~..~:". '.
: .' ~ "
. ,
';': >,:",:,<: :,,'.':-:,':,' ': :. ,:;::,)\ i, ~i;}:>,:;. :>::':',~!'~ i,;.:;;;-/::';
'::'l <':'
. y' "" " ". 'I ~ '> .
", >',<"" .
, ,
" ",
~ ), " "