01/13/1992 (2)
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. ,City: Commission' Worksession Minutes
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CITY COMMISSION WORK SESSION
January 13, 1992
The City Commission of the City of Clearwater met at City Hall with the following
members present:
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'Rita Garvey
Sue'A. Berfield
Lee Regulski
William Nunamaker
Richard Fitzgerald
Also present were:
Michael J. Wright
M. A. Galbraith, Jr.
Cynthia E. Goudeau
Mayor/Commissioner
Vice-Mayor/Commissioner
Commissioner
Commissioner
Commissioner
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City Manager
City Attorney
City Clerk
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The Mayor ca 11 ed the meet i n9 to order and the f 011 ow; ng i terns were
discussed.
Service Pins
. Three service pins were awarded to City employees
. Re.iect sett lement offer in ROQer Brennan v. Citvof Clearwater (eM)
Mr. Brennan"s lawsuit against the City consists of three general claims:
1) Discrimination - failure to promote because of sex, and retaliation for the
assertion of a claim.
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2) Constitutional Claims/Deprivation of his Rights - First Amendment right
infringed upon when disciplined for an insubordinate memorandum written by him~
and the City's violation of its own equal employment/affirmative action policies.
3) Whistleblower Act - claims adverse action and retal iation for having reported
allegations of malfeasance and violation of City policies.
A settlement offer was recently received from Mr. Brennan. in the amount of
$100,939.05 ($75,000 compensatory damages and $25,939.05 in attorney's fees) plus
compensation for all unused vacation, one half of all unused sick leave and a
refund of pension contributions. In exchange, Mr. Brenrian will resign his
position, dismiss the lawsuit and waive all claims against the City and its
agents.
In response to questions, Ms. Crumbley, representing the City, recommended
going to trial which would be scheduled for sometime in August.
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The Recreation Facilities Division utilizes course sand as material to top
dress approximately 42 athletic fields in the City. This sand provides a smooth
playing surface, and helps restore wear and tear areas on the ballfields. It
also allows for better growth of the turf grass.
A question was raised regarding the use of the sand from the dredging
project, and it was stated a courser sand is needed.
Hiohway Landscapino Memorandum of AQreement with FOOT to allow the city to
install and im rove the landsca in on the Court Street Medians between Hi llcrest
and Madison Avenues (PR
Since Court Street is a major entrance way into downtown Clearwater, City
staff and the City's Beautification Committee desire to improve the current
landscaping which is sparse and in poor condition. Prior to commencement of
work, the City is required to complete the Memorandum of Agreement since Court
Street is a State Road.
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A question' was raised regarding what the total dollar amount is for
pension, sick leave and vacation and whether there could be a trade off in
compensation.
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The project involves the removal of existing landscaping, installation of
new sod, and plant i ng 1 i gu strum trees. These tree s are acceptab 1 e to the
Department of Transportation from a safety standpoi nt. The project wi 11 be
accomplished by the Nursery Division of the Parks and Recreation Department at
an approximate total cost of $32,000.
In response to questions, it was stated maintenance requirements of the new
landscaping would be the same, and irrigation would not be needed.
It was requested an adopt-a-street program be considered.
A question was raised regarding a letter complaining about the condition
of Del Oro Park. Ream Wilson, Parks and Recreation Director, stated he had
toured the park and found it to be in fairly good shape.
Contract for refurbishment of 6 metal liQht poles at Jack Russell Stadium to P.J.
Callaohan Company. Inc.. Clearwater. FL. for $62,880 (PR)
Six 100' metal light poles currently light the infield portion of Jack
Russell Stadium. As a result of the wind storm that occurred in April of 1991,
one of the four anchor bolts at the base of one of the poles was found to be
broken off at the bottom of the leveling nut under the base plate. Temporarily,
this pole was structurally supported so as not to interfere with the summer
league.
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In 1988, the City approved a contract with Recycling Recovery Systems,
Incorporated for the curbside collection of newspaper at residential homes. The
Solid Waste Division believes it is in the City's best interest to take over this
collection service with the ultimate goal of implementing a full scale citywide
recycling program. The contract with Recycling and Recovery Systems expired
January 1 with an agreed extension to February 1. It is the intent of the Solid
Waste Division to take over the Recycl ing and Recovery Systems routes with
existing personnel and vehicles on February 1, 1992.
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While investigating the condition of this pole, the City's consultant
engineers found similar damage to the other five metal poles. Due to potential
. conditions of failure, the consultant recommends that all poles be removed and
foundations replaced.
According.to the contract, work must be completed in 45 days so as not to
interfere with the opening game of the Philadelphia Phillies Spring Training
season scheduled for March 6, 1992.
Ream Wilson, Parks and Recreation Director, stated the poles will also be
moved back about ten feet. They are currently placed in the center of the
concourse which is an inconvenient area. In response to a question, he stated
the light poles will also be getting new lamps, and will adequately supply the
needed light from their new position.
C.O.#l to the 1991 Sidewalk Contract increasing the amount bv $37.713 'for a new
total of $155,833 (PW)
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The work proposed in this change order is the installation of sidewalk on
five additional streets as follows: 1) Highland Avenue from Timmons Terrace to
Belleair Road, 2) Martin Luther King Avenue from Palm Bluff to Russell Street,
3) Edenville Avenue from Magnolia Drive to Gulf-to-Bay Boulevard, 4) Nursery Road
from Country Oaks Lane to U.S. Highway 19, and 5) Airport Drive from Saturn
Avenue to Brandon Drive.
This work is part of the ongoing sidewalk contract to' facilitate the prompt
(,'~~, installation of these sidewalks and to take advantage of the good bid prices
\,..;JI rece i ved from the contractor.
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In response to questions, Bill Baker, Public Works Director, stated the
City is working with the County to fill in those areas of Nursery Road that are
located in Clearwater. He stated the City is using its own contractor as the
County is not on the same time frame.
Curbside Recyclina conceptual plan which includes take over of existina curbside
routes for newspaper recvc 1 ino from Reeve lina and Recoverv Svstems. I nc. .
establishes a pilot full scale curbside recyclinq pro.iect in Morninqsidel..
Grovewood, The Meadows and Skvcrest Subs. and a phased implementation plan for
citywide curbside recvclinq collection, processina and marketina (PW)
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The approximately $50,000 annual subsidy to Recycling and Recovery Systems,
along with some additional overtime, will be used to help fund this take over
project. A reallocation of personnel and vehicles will also be implemented. The
vehicles to be used, side loaders, rear loaders and Eager Beaver Trailers, are
not ideal for this project and are temporary measures only.
The Solid Waste Oivision will not implement public education at this time
but will only take over existing routes, providing only the limited service
previously provided by Recycling and Recovery Systems. At the same time, the
division will move forward to begin a full scale recycling pilot project of
approx imate 1y 800 homes in Morn i ngs i de, Grovewood, The Meadows and Skycres t
Subdivisions. These residents will receive a yellow 18 gallon curbside container
in which to place their recyc1ab1es. These containers will be picked up once a
week on a regular garbage collection day by a specialized recycling truck to be
purchased from grant funds. A full scale education program will be implemented
for this project. A monthly report will be provided to the Commission detailing
the progress of the pilot study.
In March, the Solid Waste Division will proceed with a "Request for
Proposal" (RFP) for the processing and marketing of collected recyclables. This
will include a local processing and marketing facility to reduce turn around time
and guarantee a market for recyclab1es. Options will be included to allow the
processor to serve nearby cities, thereby promoting better prices.
When and if the pilot project is successful and Commission approval
obtained, the division will proceed with a phased, full scale, citywide curbside
collection processing and marketing program.
Discussion ensued regarding cost, and it was stated minimal cost is
involved to start the pilot project.
Concerns were expressed regarding participation, and it was stated it is
not currently mandated. A marketing plan will be developed. An advertising
agency may be used to IIselll1 the program. It was stated this pilot project would
clearly define costs.
Oiscussion ensued regarding the time frame of the project. In response to
questions, it was stated the City would take over the current route and schedule
from the company now handling it. There are over 25,000 homes currently being
serviced.
Concern was expressed regarding closing the recycl ing drop-off center
currently located at Morningside. It was stated the drop-off could be downsized
rather than closed.
Oiscussion further ensued regarding materials that would be accepted as
recyclable, the cost to process and returns from the recycling companies. It was
stated those materials that would be recycled would depend on what the market is
buying. In response to a question, it was stated there is constant contact with
other municipalities regarding recycling programs.
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A.question was raised regarding the amount of waste collected and return
of monies for, funding. It was stated approximately 400 tons of recyclable
material is collected each month. This creates a $25,000 cost avoidance of not
having to dump the waste and $6,000 income from sale of the materials. Operating
costs are unknown at present.
Mr. Brumback stated a truck for a one man operation is needed for the pilot
program target area. In response to a question, it was stated State grant money
is' available for purchase of the truck. It was stated that one truck could
handle approximately 1,200 homes.
Purchase of 1 Labrie Lana Bodv Recyclina Collection Vehicle from Ra y Pace t s Waste
Eauipment. Inc.. Tampa, FL, at a total cost of $91,113 (PW)
This vehicle will be used as a prototype in the City's pilot curbside
recycling project. It is designed for operation by one person during curbside
recycling collection. Upon testing four different types of recycling trucks,
this was found to be most efficient and best suited to the City's needs.
The purchase of this vehicle is under a statewide bid from the City of
Plantation, and State Recycling Grant funds will be used.
Discussion ensued regarding the program and the benefit of in-house
recycling as opposed to contracting it out, and it was stated there is money in
recycling. It was also stated staff is going slowly and deliberately to be sure
of a sound decision.
f~ Discussion ensued regarding the need to make the public aware of the pilot
program. Consensus was to have a presentation Thursday night.
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Concern was expressed regarding dumping of yard waste, plastic containers,
and other debris in the right of way. It was stated that is a Code Enforcement
Division issue, and there are penalties for such violations. It was also
suggested the public needs to be educated on how to dispose of trash.
(Cant. from 1/2/92) Public HearinQ & First ReadinQ Ord. #5157-92 - code amendment
adopting the 1991 Standard Housing Code, applying the provisions of Sec. 308 to
hotels, motels, dormitories and lodging houses (PLD)
The Code of Ordinances currently adopts the 1979 Standard Housing Code.
Ordinance #5157-92 proposes to amend the Code to adopt the most recent edition,
the 1991 Standard Housing Code. In addition, the ordinance proposes to apply the
provisions of Section 308 of the Standard Housing Code to hotels, motels,
dormitories and lodging houses. .
Staff intends to br,ing forward amendments to the Housing Code under a
separate ordinance in the near future to change the administrative process for
the housing inspection program.
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The"City Commission, in continuing this item from January 2, 1991, desired
additional information concerning the types and extent of the changes in moving
from the 1979 Standard Hous i ng Code to the 1991 vers ion. A 1 i st i ng of the
changes was prepared. It should be noted that several of the changes wi 11 result
in reduced costs for property owners from the 1979 code, particularly the changes
to sections 302.4 and 302.5.
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In response to questions regarding skirting, it was explained that skirting
closes in the area under a structure by using something that can not be easily
moved. This will prohibit access by animals and people and will help eliminate
storage under buildings which can be a fire hazard. .
A question was raised regarding the requirement of fire detectors, and it
was stated the requirement for hardwired detectors pertains to new construction
only. Requirement for battery operated detectors is already being enforced.
In response to a question, a rooming house was defined as one or more units
rented or let to two or more unrelated persons. It was also stated they are not
allowed in Clearwater. Concerns were expressed regarding the ability to enforce
the codes regarding overcrowding of internal units and renting in residential
areas for short periods of time.
Variances to SiQn ReQulations for propertv located at 2301 Sunset Point Rd..
Sunset-Coachman Center, Tract A. (Great Western Bank/Hippenstiel
SV92-03)(PlD)
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~ The applicant is requesting four variances to the city's sign regulations:
~~~, 1) 42.3 sq. ft. property identification signage to permit a 66.3 sq. ft. pole
sign; 2) 14 feet to permit a 20 foot high pole sign; 3) 40.5 sq. ft. business
identification signage to permit 55.5 sq.ft. of such signage; and 4) one business
identification sign to permit two such signs. The variances are sought to permit
the applicant to use the existing pole (property identification) sign structure
facing Sunset Point Road which is larger and taller than allowed by code and to
allow a second business identification (wall) sign facing Old Coachman Road that
is larger in area than allowed by code.
The applicant1s property is located at the southeast corner of Sunset Point
Road and Old Coachman Road and is zoned Limited Office. It fronts on Old
Coachman and also on Sunset Point, a major thoroughfare. The applicant is the
new occupant of the property.
Staff recommends only to give some consideration to the sign height
variance request. The 20 foot height proposed by the applicant is too high, but
a 12 foot sign height, given the proximity of other zoning districts which allow
a 20 foot tall sign, appears reasonable. If the Commission is agreeable, staff
would propose a 12 foot maximum height for freestanding signs in the OL (limited
office) district, bringing that district into conformity with the sign
regulations of other nonresidential zones. Staff would recommend no increase in
the area allowed for such pol~ signs, so the sign would be a maximum of 24 square
feet in area.
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Regarding the applicant1s proposed additional business identification
(wall) sign, although Old Coachman is not designated as a major thoroughfare, it
does serve as an arterial route to and from the shopping districts and the junior
college campus to the south. It is reasonable for the appl icant to desire
adequate business signage facing Old Coachman Road in order to advertise his
establishment to the traffic traversing this road. If an additional property
identification sign was allowed, this sign could be a wall sign of 48 square feet
in area. If a variance is granted to allow an additional business identification
sign, the maximum size should be 48 square feet.
This variance, if granted, is to extend past the October 13, 1992
amortization period.
James Polatty, Planning and Development Director, stated a higher sign
might set a precedence, and suggested consideration of amending the sign code to
increase the height from six feet to twelve feet. He also stated the policy is
to allow two signs if the business is located on a major thoroughfare.
Proposed amendments (A-G) to the Comprehensive Plan (PLD)
Several amendments are needed to reflect changes which have occurred over
the past year. First, increased development densities on" Clearwater Beach have
been recommended for consideration as an incentive to redevelopment in accordance
with F.E.M.A. and state and local standards by the Clearwater Beach Blue Ribbon
Task Force. Second. the Downtown Development Plan has been moved up in schedule
due to recent, unforeseen property acquisitions; this necessitates adjusting
several project schedules within the Plan, as well as making some amendments
associated with the Downtown Development District Comprehensive Plan classifi-
cation. Third, clarification of the intent behind Policy 19.1.1, relating to the
Coasta 1 Construction Control Line, has been received by staff. . Fourth,
adjustments to the Capital Improvements Element are necessary to reflect the
current city Capital Improvement Program.
Regarding Item A. concerning population density on the beach, Mr. Polatty
stated density incentives for redevelopment is addressed at the recommendation
of the Clearwater Blue Ribbon Task Force. He stated there would be no density
increase on the beach. In response to a question, Mr. Polatty stated the giving
up of density rights from one property to another would be considered on a case
by case basis. He stated the desire is to redevelop small motels.
Discussion ensued that this would devalue other properties, and other
alternatives should be investigated. Mr. Polatty stated another incentive would
be to reduce parking requirements. It was emphasized the issue today is whether
or not the Commission wants staff to investigate the feasibility of this proposal
from the Beach Task Force.
Regarding Item G. concerning Capital Improvement Projects, concern was
expressed regarding the water reuse program. Concern was expressed that recycled
water in St. Petersburg contains solid debris that plugs up sprinkler systems.
Bill Baker, Public Works Director. stated their water is not from an advanced
water treatment facility.. Clearwater's reclaimed water is processed through a
filtration system, and the end product will not clog sprinkler systems.
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Ordinance #5168-92 - Amendina Sec. 61.41 to establish an apolication fee in the
amount of $25.00 for taxicab operators' permit aoo1ications
In response to questions, Lt. Egger stated the $10 charge for permits was
not covering actual costs incurred. He stated the new fee is sufficient, and
that operators are still being investigated.
Other City Attornev
Dimmitt Flag Case
The City Attorney received an order today which denied the motion filed in
November requesting clarification regarding to which flags the ruling applied.
He recommended the City appeal the decision to deny the amendment. In response
to questions. he stated the order was entered regarding American flags, but
refers to all flags. He stated during the appeal process we could amend the
ordinance to lessen the impact. He stated the appeal process could take one to
one and a half years.
Verbal Reports
The City Manager asked the Commissioners to let his office know "if they
plan to attend the February 12 Florida League of Cities Legislative Action Day,
February 13 Tampa Bay Rally in Tallahassee, or the National League of Cities
Conference in Washington March 7-10.
Other Commission Action
Commissioner Berfield requested clarification of the City Attorney's memo
regardi ng "exparte commun icat ion" regarding who she can and can not ta 1 k to
outside of commission meetings., The City Attorney stated the Commission should
not get involved in any discussions outside of meetings pertaining to property
rights of an individual. These are quasi-judicial issues, i.e. variances and
conditional uses regarding a specific property. Private discussions regarding
these types of items could be considered lobbying, and action on these items
could be challenged for violating rights to due process. Amendments to the code
and street vacations would relate to general areas and would be considered
legislative. He stated it is the City's burden to prove innocence regarding
discussion of items while not in the public view and/or not recorded. He did not
feel this would apply to conversations with staff whose responsibility is to
provide information to the City Commission. He suggested the Commission keep a
log of phone calls received from citizens who want to discuss or express an
opinion on a specific subject.
Mayor Garvey questioned what the City Commission should do regarding gift
reporting which was to have begun last January. . The City Attorney indicated if
the Commission finds there are gifts that should have been reported earlier to
do so now.
She stated the post office lease at the Marina is liberal, and questioned
if it could be renegotiated. It was stated there are two more years on the
lease, and it will be brought forward well in advance of expiration.
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Commissioner Regulski questioned if the post office signs on Belcher Road,
are nonconforming. He sated there has been concern about the cost of variances.
.The Deputy City Manager stated the charge is for the purpose of recouping all
costs to the City. She stated one variance might go to several boards, which is
costly, time consuming and confusing. A recommendation is being developed to
simplify the process.
Commhsioner Fitzgerald informed. the Commi ss ion of the resu.lts of the
Mayor' s Counci l.
1) He questioned the status of the City's support regarding the FLC curriculum
books for the high schools. He reported the Countryside Lions Club has indicated
it will fund those needed for Countryside High School. It was the consensus for
,the City.to fund any books not funded by service agencies.
2) He stated the Council questioned what the County is trying to do regarding .ISO
fire ratings. The City Manager stated they are trying to get the entire county
under one fire rating, with the exception of St. Petersburg which is a class 2.
, He stated Clearwater is a class 3, the county as a whole is rated 4; if the
overall rating goes down, it will not affect the city. A concern was expressed
that if this is done, 'it will effect fire fighter pension payments. Staff is to
investigate.
3) He provided the City Mayor with the latest storm surge maps. There is concern
that a change to the coastal construction control line and high hazard areas will
have a dramatic affect on after storm rebuilding. He questioned whether it had
a bearing regarding rebuilding on barrier islands and F.E.M.A. Staff is to
investigate.
4) He questioned information sent out on January 3 relating to Clearwater Pass
Bridge, indicating the Coast Guard won't process the applications until the COE
(Corps of Engineers) permitting is complete. The City Manager stated he did not
feel this will affect the current time frame, but will report if it causes a
problem.
The meeting adjourned at 3:40 p.m.
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