02/03/1992 (2)
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Michael J. Wright
M.A. Galbraith, Jr.
Cynthia E. Goudeau
City Manager
City Attorney
City Clerk
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CITY COMMISSION WORK SESSION
February 3, 1992
The City,Commission of the City of Clearwater met at City Hall with the following members
present:
Rita Garvey
Sue Berfield
William Nunamaker
Richard Fitzgerald
Lee Regulski
Mayor/Commissioner
Vice-Mayor /Commissioner
Commissioner
Commissioner
Commissioner
Also present were:
The meeting was called to order at 9:00 a.m.
Four service pins were awarded to City employees.
PACT - Annual Recort
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Elissa Gatto stated that as of the end of the fiscal year, they had a second straight year
of having a balanced budget with a slight excess. There was a 75 percent attendance at the
hall. She further reported PACT is the first in the state to have achieved the major cultural
designation. While no money is attached at this time, hopefully it would bring in revenues in
the future. She feels PACT has maintained the number of performances with a healthy
balance of programming. She stated they are most appreciative of the City Commission's
support, both financial and emotional.
Las Smout indicated he was glad to be here to report that for two years they have a
balanced budget with an excess. He stated $400,000 of debt service was retired during the
previous fiscal year and he greatly appreciates what the City Commission has done.
Credit was given to the management of PACT for the improvement over the past
couple of years. Citizens were also given credit for supporting the program. It was requested
that PACT make a presentation at a Thursday night meeting for the citizens.
Clearwater Pass Bridae - Authorization to begin design of construction clans [PW-1)
In February of 1 989, the City of Clearwater entered into a contract with Volkert &
Associates to furnish consulting engineering services consisting of a federally-required PD&E
study and Construction Plan design services. During the course of the PD&E study phase
various regulatory agencies requested specialized oceanographic data beyond that originally
envisioned by the contract's scope of services. Consequently, the contract with Volkert was
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Tom White, of Volkert & Associates, presented a proposed schedule. He stated they
have recently submitted the permit package to the agencies and hope to have the permits
squared away by August or September.
amended on three subsequent occasions, and the total contract amount presently stands at
~~ $901,819.00.
The Federal Highway Administration (FHWA) has recently signed the PD&E
environmental document which constitutes their Location/Design Approval (LDA) and confirms
that they will participate in the, funding of the construction costs. The receipt of the
Location/Design Approval is the point at which construction drawings usually commence.
In line with that, Volkert now informs us that due to inflation, project refinements and
changes in FOOT practices since the 1 989 original agreement, it will be necessary to effect
another Supplementary Agreement allowing payment for additional services and increased
costs. The work will consist of surveying, geo-technical, marine science, etc. and costs for
work associated with the design plans.
While it is the City's understanding that the Federal Highway Administration found the
project to be worthy of funding and has approved the project for future funding participation,
individual construction permits are still necessary from several agencies, including the U.S.
Coast Guard.
The Coast Guard continues to express a reluctance to endorse the project, even at the
increased 74-foot bridge height. The extent to which the immediate authorization for Volkert
to begin final plans and specifications might be at risk in that design changes might still be
necessary, appears to be minimal when compared to the possibility of failing to meet the time
frames associated with the FDOT works funding schedule.
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It is recommended that staff proceed with the diligence necessary to meet the FOOT
time frame tor beginning construction in 1993 rather than delay the project design out of fear
that the Coast Guard or others might cause us some extra expense due to a redesign.
Jack Roberts, of Volkert & Associates stated due to environmental permitting causing
delays, the entire project has been delayed. He stated it is prudent to proceed into the design
phase at this time, although there will be some risk if permitting agencies request changes.
In response to questions regarding the Coast Guard's position, it was stated that while
there is nothing in writing, verbally they have said the 74 feet should be sufficient. It was
stated one of the concerns is the Corps of Engineers must sign off on the realignment of the'
channel and the Coast Guard may not act until the Corps has signed off.
It was indicated construction is scheduled to begin in fiscal year 1993/1994 and
September 1, 1992 would be the last day Volkert could start on the design and still achieve
that schedule.
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In response to a question regarding the status of the acquisition of right-of-way
needed, it was stated the City is proceeding at a deliberate pace and tinal right-ot-way maps
are not available at this time.
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The 1985 lease agreement between the City and the Chi Chi Rodriquez Youth
Foundation provides the City with the right of first refusal to assume up to $2 million dollars
in outstanding debt, which the Foundation has obtained to construct a golf course located on
McMullen-Booth Road. With the balloon payment on the loan coming due in March, the
Foundation contacted the City and requested the City's guarantee be strengthened to include
a firm guarantee in lieu of a right of first refusal, as well as an increase in the maximum
guarantee to $2.5 million. The City's guarantee will apparently allow the Foundation to
refinance at more favorable interest rates and the additional $500 thousand to be borrowed
will be used to purchase additional machinery and carts and to complete construction of golf
course facilities.
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In response to a question regarding whether or not portions of the old bridge could be
retained as fishing piers, it was indicated they would become a maintenance problem.
In response to questions regarding objections to the 74~foot height, it was indicated
the boaters who are objecting to this, object to any fixed level bridge and prefer a bascule
bridge that would allow any height boat through. Seventy-four feet is the highest that could
be constructed as a fixed bridge and if a requirement would be for a higher bridge, the bascule
would have to be considered. This would result in a higher cost to build and maintain and
there would still be a conflict between vehicular and boat traffic.
Concerns were expressed regarding the amount of increase in the contract, with it
being stated it indicates a 1 5 to 20 percent increase when inflation has been much lower than
that.
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Discussion ensued regarding how to calculate the increase and staff was directed to
try to renegotiate this.
In response to questions regarding the risks of not approving this amendment, it was
indicated if the design process is not started, the bridge would drop a year in the FOOT
program.
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John Temple, of District 7 of the Florida Department of Transportation, indicated he
has an excellent working relationship with Public Works and has worked closely with Volkert
and their staff. He stated he is satisfied we have the documentation necessary and has
represented to the Coast Guard that the federal agencies intend to approve the design. He
stated the design schedule will require central office review in the Department of Transporta-
tion, as well as the Federal Highway Agency. He recommended the Commission allow the
beginning of the design phase.
Ordinance #5178~92 ~ Amendina existina lease agreement with Chi Chi RodriQuez Youth
Foundation (AS~3)
Upon investigating this request, City staff, in conjunction with the City Bond Council,
determined the request to guarantee modifies the arrangement enough to produce new City
debt, which requires compliance with state law and City Charter provisions. Further, such
a guarantee cannot be made from ad valorem tax revenues and cannot exceed $1 million
unless it is first approved by the voters at referendum. With these restrictions in mind, City
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Bond Council has drafted a lease amendment and ordinance which provides for a $1 million
guarantee and a right of first refusal on the remaining debt, not to exceed an additional $1.5
million.
The golf course is currently operational. In the event the Foundation defaults on their
debt, it is likely the City would exercise their existing right of first refusal and assume
operation of the course. The language modification to guarantee the first million may,
therefore, only formalize a commitment which already exists for all intents and purposes.
Staff has reviewed the Foundation request and the lease amendment as drafted by
Bond Council. The Foundation has agreed to reimburse the City for Bond Council fees and
to payoff the remaining balance of $27,264 on a 1989 City loan used for transportation
impact fees out of the refinancing proceeds.
Bill Hayes, representing the Chi Chi Rodriquez Youth Foundation, stated he approached
the City prior to Christmas asking they increase the guarantee. He stated this will provide an
opportunity for the Foundation to refinance its roan if the City will guarantee the first $1
million. He reviewed the history of the site and stated during approval of the initial
agreement, this was vacant land and there is a golf course now. He stated financial
institutions would not make the same loan as made back in 1985. The balloon loan is due in
March and he wants to consolidate this loan with other debt. He wants to finish the golf
course project and to construct school buildings for middle school children. He would prefer
a 15-year loan as opposed to a short term. The banks are wanting to know what the City's
intentions are regarding the lease.
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(~i~';;) Mr. Hayes further commented the City will own the golf course in the end, anyway.
He stated he wants to finish the project and everything in the loan is essential to running the
golf course.
Discussion ensued regarding the alternatives and what the impact would be if the loan
is not renegotiated. Mr. Hayes indicated he can get a longer term fease and better interest
rates with the City's guarantee. He stated currently the option is for the City to take over the
lease hold improvements and operate the golf course, or allow the lien holder to operate the
golf course. This would eliminate the educational portion of the facility.
Discussion ensued regarding the value of the business and it was indicated their
income was over $400 thousand last year and the business is appraised at $3.2 million.
In response to a question, it was indicated that 57,000 rounds of golf are played on
this course a year.
The City Manager stated the City is being asked what it would today, if the Youth
Foundation defaulted. He feels the golf course can be maintained and made profitable.
In response to a question, it was i'ndicated the financial staff has reviewed the numbers
and is comfortable with them.
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It was indicated that the value of the business is tor the improvements only, as the
City already owns the golf course land.
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In response to a question, the City Manager indicated if the Foundation defaulted on
the loan,' the City could walk away from the project and allow the lender to run the golf
course. He stated, however, in the end, the City would obtain the asset.
Again, in response to a question, Mr. Hayes indicated the purpose of the consolidation
of the loan is to get a lower interest rate and allow him to finish the golf course project. He
stated the ultimate goal is to obtain full-time schooling on the property. If the loan
consolidation is not approved now, he 'will not be able to construct the school facilities until
1994/95. '
In response to a question, he indicated the school board will not build the facilities, but
will send teachers once the facilities are available. He reviewed the educational programs now
in place and stated over $100 thousand was expended to assist 300 children.
A concern was expressed that this sounded high and Mr. Hayes indicated the children
in this program have special problems.
Discussion ensued regarding the need for the loan and how the debt service would be
paid off.
A request was made that prior to the meeting, specific information regarding the loan
package be provided to the Commission.
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A question was raised regarding concerns of the environmental problem that had
existed. Mr. Hayes indicated this is being resolved and that taller plants are being installed
in the area.
A question was raised regarding lawsuits noted in the financial statement and Mr.
Hayes indicated there were two libel suits and no injury suits.
A request was made that information be provided to the Commission on; 1) if the
Foundation defaulted today, what the recommendation would be for funding and from where
the money would come and 2) that if they defaulted ten years from now, from where the
money would come.
In response to a question, Mr. Hayes indicated the banks are reluctant to loan this
money because they are calling it an unsecured loan.
As a side issue, questions regarding the nature park that was to have been constructed
by the Chi Chi Youth Foundation was brought up. Ream Wilson, Parks and Recreation
Director indicated we currently have over 35 acres, with four acres of environmentally
sensitive land, adjacent to the Chi Chi Rodriquez lands. The four acres are in Safety Harbor
and part of a 13-acre tract privately owned. An, interlocal agreement with Safety Harbor had
required them to acquire this property through a site plan for development of the total tract.
There is now no interest in developing the tract and Safety Harbor has not gone forward with
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acquiring the land. Staff had approached the property owners trying to purchase the four-acre
tract and the owners are now wanting to soli the entire 13 ecros. He will be meeting with
Safety Harbor regarding this. He stated there are still funds from the mitigation to use toward
the purchase and development of this park. He stated this may be time to address the
provision in the Chi Chi Rodriquez Youth Foundation agreement that required them to develop
the park. A site plan was developed by King Engineering; however; due to not having all the
land; this has not gone forward.
The City Manager indicated they will pursue construction of the park and acquisition
of the four-acre site also known as Magnolia Falls; no matter what action the Commission
takes.
It was requested that the section requiring Chi Chi Rodriquez Youth Foundation to
construct the nature park be taken out of that agreement. This will be brought up as a
separate item at a later time.
The meeting recessed from 10:50 a.m. to 11 :25 a.m.
Revised Infrastructure Sales Tax (Pennv for Pine lias) (AS-2)
The original "Penny for Pinellas" infrastructure project list was approved by the
Commission in 1989; and revised in January of 1991. Subsequent minor revisions in
infrastructure projects were incorporated in the adoption of the Capital Improvement Budget
for fiscal year 1991/92.
Included in the proposed changes; ara the Infrastructure funds budgeted for the Maas
Property purchase of $1,300,000. All other proposed changes reflect only a change in the
funding year(s) of the projects.
The City Manager indicated the $1.3 million dollar liability for the Maas Brothers
property will flow back into the "Penny for Pinellas" fund if the Community Redevelopment
Agency (CRA) buys the entire property. Mr. Wright indicated minor revisions were made to
infrastructure projects.
A question was raised regarding whether or not adjustments to Penny for Pinellas
Projects were proportional to the decrease in revenue originally anticipated.
Mr. Wright indicated this money is received monthly for the project which carries a
cash balance of several million dollars. The balance in the fund was $3.8 million at the end
of the fiscal year.
Concern was expressed that the projects be managed in a conservative manner and
no project be initiated without funding in place. Mr. Wright concurred and indicated cash flow
is running slightly ahead of the projects and he is confident everything is on track.
Contract for construction of a new aas main to rsolace existina subaaueous crossino on the
western bridoe on Dunedin Causeway to Bovee. Co.. Clearwater. FL, at an est. cost of
$14,825 (GAS-')
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A six (6) inch stael gas main was installed in 1968 along the Dunedin Causeway to
serve the Royal Stewart Arms Condominiums. There are three (3) subaqueous crossings on
the bridges along this route. Because of the age and the condition of the pipe due to the
corrosive action of the saltwater environment, the subaqueous crossing is in need of
replacement.
Pinellas County has scheduled major refurbishment of the three bridges in three phases
on Dunedin Causeway. The refurbishment of the most westerly bridge is the first phase
Pinellas County is undertaking. The approval of this agenda item will permit us to replace the
subaqueous crossing in conjunction with the County's bridge refurbishment. This agenda item
covers installing the replacement pipe under the first phase only. Subsequent items will be
brought forward as the need arises and the County schedules the other two phases. The new
gas main crossing will hang from the bridge. This will eliminate future corrosive damage from
the saltwater environment.
In response to a question regarding whether or not this is a new contract, Mr.
Wright indicated the County's bridge modifications allow relocation of the City's gas piping.
Contract for roof reolacement i!,t the Shuffleboard Club located at 1020 Calumet St. tQ
Allstate RoofinQ. Pinellas Park. FL. for $26.900 (GS81)
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The City Commission, at its August 16, 1991 meeting, awarded a contract to
Professional Services Industries (PSI) for roof engineering and design consultant services for
seven (7) City facilities: City Marina, Fire Stations 1 and 4, Shuffleboard Club, Civic Center,
Main Library and Moccasin Lake.
Professional Service Industries and City staff reviewed the bids submitted and
qualifications of the contractors. Michaels Building Corporation of Tarpon Springs, Florida, bid
modified bitumen products manufactured by Suprema which is an entirely different roofing
system from that which was specified and ;s inappropriate for this project. PSI recommends
the bid be awarded to Allstate Roofing.
In response to questions, Mr. Wright indicated one bid was inappropriate for the project
and went through a bid protest. After review, it was determined the bid was not responsive
as it did not meet specifications. Floyd Carter, General Services Director, indicated the
proposed roof will be a single membrane roof with a low pitch.
First Reading Ord. 1/51778928 authorizing the City ManaQer to aoorove and execute on behalf
of the City. leases of 80ace in the Clearwater Marina building (MR81)
Current City policy is that the City Commission must approve all marina building lease
agreements. For several years, the City has used a standard lease agreement form with all
marina building lessees. The marina building space was advertized for rent and all proposals
reviewed with the Marine Advisory Board for a recommendation. The agenda item was
reviewed by the City Attorney. Risk Manager, Assistant City Manager and City Manager
before submission to the City Commission for approval. On January 21, 1992, General
Services Administration, which controls the lease of building space for U.S. customs, advised
that eight of the nine rooms currently rented on the second floor will be returned to the City
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In response to a question, Mr. Held indicated the rental rate does not include utilities.
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on February 29, 1992. The City has several requests on file for the renting of building space.
Approval of building lease agreements by the City Manager will help ensure revenue is not
being lost due to empty building space.
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This ordinance will authorize the City Manager to approve and execute leases of space
in the marina building, with the exception of space leased to the U.S. Postal Service, which
will require City Commission approval. The maximum term of any building lease approved
by the City Manager shall be three years and rental rates will be kept consistent with the rates
for commercial space on Clearwater Beach. Rental rates of less than ninety (90) percent of
prior lessee shall require approval of the City Commission. The use of the premises shall only
be for the purposes specified In the lease agreement and the lessee shall not sublease without
prior written consent of tho City Manager.
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Bill Held, Harbormaster, recommends City Manager approval of leasing building space
in order to more quickly fill vacancies as they occur.
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In response to a question, it was indicated the proposed ordinance will reduce the
maximum lease term from five years to three years. It was stated the cost per square foot
to lease the property varies.
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Concern was expressed regarding the City Manager approving rates that are not less
than 90 percent of the previous rental rate. It was indicated the Ordinance could be changed
to require 100 percent of the previous rate to allow City Manager approval.
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Concern was expressed a three-year lease may not be long enough for some tenants.
It was indicated a longer lease term could be obtained subject to City Commission approval.
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The City Manager stated it can be made a part of the proposed ordinance that any
leases signed will be reported to the City Commission and rental rates for new tenants will
be 100 percent or more of the previous tenants' rate.
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AQreement with Clearwater Festivals Inc. regarding the Fun n' Sun Festival and the Fourth of
JVlv Celebration to be held in calendar vear 1992 (PR-2)
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The proposed agreement is identical to that executed for the 1991 festival and
celebration except the 1992 cash contribution to the Fun N' Sun Festival is $34,720 instead
of $34,675 given last year. The contribution to the Fourth of July Festival remains the same
at $4,620.
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Financial reports were submitted showing the expenditures and revenues from the
1991 events as well as the proposed budget and revenues from the 1992 events. It was
noted expenses exceeded revenues by $1,945 in 1991 and Mr. Terry Schmidt, President of
Clearwater Festivals, Inc., made a personal loan in that amount to satisfy all contracts. The
repayment of this loan to Mr. Schmidt is carried as an expenditure in the 1992 budget.
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Ream Wilson, Director of Parks and Recreation, indicated a considerable reliance on
contributions from outside organizations to sponsor the events.
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In response to Questions, Mr. Wilson stated the revenues from the two separate events
are both included in the same report and the dates of the Sun N' Fun Festival will be provided
to the Commission.
Agreement with The Peosi Cola Bottlina Co.. Tamoa. FL. to orovide six baseball/softball
scoreboards for olacement at the Eddie C. Moore Comolex and Ross Norton Park for a oeriod
of eight vears (PR-3)
It is baing proposed for the City to enter into an agreement with Pepsi Cola to provide
four scoreboards for the Eddie C. Moore Complex and two scoreboards for the Ross Norton
Park ball fields. Entering into this agreement will save the City approximately $10,000 in
acquisition costs.
According to this agreement, Pepsi Cola will purchase the scoreboards which will carry
the Pepsi Cola name and the scoreboards will be provided to the City of Clearwater at no
charge. The City agrees to install the scoreboards, to sell Pepsi products through City
concession operations at the respective facilities and to maintain the scoreboards with
assistance from the Pepsi Cola Company. Only two of the existing four scoreboards at the
Eddie C. Moore Complex are currently in working order.
A typographical error regarding dispensing equipment was requested to be corrected
on page two, paragraph four of the agreement.
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Interlocal Agreement with Pine lias County to orovide water conservation kits to residential
customers of the Clearwater water system for a total estimated cost of $400,000 IPW-4)
The Southwest Florida Water Management District (SWFWMD) and Pinellas County
have entered into an agreement to provide retrofit water-conserving plumbing fixtures to
residential customers of the Pinellas County water system. SWFWMD pays $7.59 per kit for
the fixtures and Pinellas County pays a flat rate of $6.49 per kit to The Roberts Company, Inc.
of Clearwater, Florida, for distribution, installation, if needed, and follow-up of each residence.
Installation services are provided when requested by a customer.
An objective of the SWFWMD/Pinellas County agreement is to have all water service
areas in Pinellas County participate in this program. The individual water utility providers
would enter into agreements with the county to "piggyback" on the county's agreements with
the District and The Roberts Company in order to distribute the kits/devices within each
jurisdiction,
To participate, Clearwater would enter into an agreement with Pinellas County, which
would coordinate the acquisition, distribution and payment of the kits through its various
agreements. The cost to the City is $6.49 per unit. There are approximately 60,000
residential units served by the Clearwater water system. Total estimated cost is $400,000,
including preliminary expenses.
Participation in this program helps satisfy conditions of the City's Consumptive Use
Permit with SWFWMD related to establishing water conservation programs.
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Water Supervisor Tom Hackett, indicated in response to questions, it is proposed to
deliver a kit, including installation instructions, to every residence. A follow-up visit is planned
to recover any kits that are not installed.
Concern was expressed the system will not work in older homes. It was indicated the
County installed these devices in a test area in Seminole and they were determined to be the
best choice for city-wide installation.
William Baker, Director of Public Works, explained in response to a question, common
aerators used in many homes do not save water, but a restricting aerator delivers fewer
gallons per minute.
In response to a question, it was indicated hotels/motels are not included in the
program because they are prohibited by the agreement with SWFWMD.
Concerns were expressed regarding attempting this type of conservation effort while
unrestricted lawn irrigation is allowed and distributing kits to every home without determining
whether or not they can be used.
The City Manager indicated County officials could be asked to attend the City
Commission meeting to answer questions regarding actual experiences with the proposed
system. It was the consensus to continue this item to the next meeting.
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First Reading Ord. #5176-92 - imolementina twice weeklv irriaation restrictions: oroviding for
enforcement of more strinaent water restrictions that may be declared bv SWFWMO (PW-5)
On September 19, 1991, the City Commission adopted Ordinance No. 5133-91
relating to a Water Shortage Plan and local enforcement of Southwest Florida Water
Management District (SWFWMD) water shortage restrictions. On September 1, 1991, the
District relaxed its district-wide water shortage restrictions because of improving hydrologic
conditions. However, at the same time, the District strongly recommended to the four coastal
communities (Clearwater, Dunedin, Tarpon Springs, and Belleair) that withdraw water from
the local aquifer that they implement local ordinances to further restrict water use. This
recommendation was due to concerns over the chloride, or salt, content of water in the
coastal wells. Clearwater is the only city of the four that has yet to pass a local ordinance
or resolution to restrict water use. Proposed Ordinance No. 5176-92 restricts most lawn and
landscaping irrigation to twice weekly and establishes criteria for golf course irrigation. The
ordinance also provides for automatic enforcement of more stringent water restrictions that
may be declared by the governing board or executive director of SWFWMD from time to time.
The purpose of the ordinancs is to help minimize demand on the City's water supply
and to protect the local aquifer.
Clearwater's Consumptive Use Permit (CUP), when granted by SWFWMD on
July 25, 1989, included conditions that set limits and target levels for maintaining or reducing
chloride levels in our wells. The CUP allows us to withdraw water from the aquifer. As of
December, 1991, eight of eleven operating wells were above the chloride levels established
by the District.
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Because of concerns for hydrologic conditions in June, 1989, SWFWMD designated
Clearwater and all of Pinellas County as part of the Northern Tampa Bay Water Use Caution
Area. In January, 1991, the District added several conditions to all CUP's within the Water
Use Caution Area (WUCA) that focused on expanded water conservation programs and data
.gathering requirements by all water users.
Since January, 1989, areas within the Southwest Florida Water Management District
have experienced a water shortage. During this period, several levels of water shortage
restrictions have been implemented by the District and enforced by the City. When the
District relaxed its water restrictions in September, 1991, water consumption in Clearwater
began rising. During the first eight months of 1991, water consumption averaged 13.88
million gallons per day (MGD). This includes the historic periods of heaviest consumption.
Since September, when SWFWMD restrictions were relaxed, consumption has increased by
almost 0.7 MGD.
Discussion ensued regarding the source and cost of water being used by the City and
whether it is preferable to pump the water from City wells or buy it from the County at a
higher cost. It was suggested to focus on water conservation rather than source.
Mr. Baker stated this is an overall attempt to cut water usage and thus reduce the
amount of water pumped from the Florida aquifer and the chloride levels in the water supply.
He said SWFWMD is encouraging local governments to institute self~imposed water
restrictions.
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Discussion continued regarding whether the City should reduce the amount of water
pumped from City wells and purchase more water at greater expense from the County.
Concerns were expressed regarding purchasing more water from the County causing
rate increases.
The City Manager indicated the City will continue to monitor chloride levels and pump
as much of its own water as possible without endangering the aquifer. He said this ordinance
will be good for the community no matter from where the water comes.
Disbursement of $35.391 to Pinellas Suncoast Transit Authoritv (PSTA) for the City's share
of the Durchase of two new beach trollevs (PW~9)
The beach trolleys were originally purchased by PST A with funding provided as
follows:
Urban Mass Transportation Administration 80%
Florida Department of Transportation 10%
City of Clearwater (local funds) 10%
The same proportional share of funding applies for the replacement of these trolleys,
which is scheduled for the near future. According to the agreement with PSTA, the City of
Clearwater is to provide 10 percent of the cost of the replacement trolleys.
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The required proof of insurance has been provided.
The total cost of the two replacement trolleys is $353,910 with the City of
~ Clearwater's share being $35,391.
In response to a question, it was indicated it is likely the same cost breakdown will
apply if additional trolleys are purchased.
Discussion ensued regarding public transportation on Clearwater Beach with it being
indicated if it is decided the trolley can no longer be free, the fare cannot be less than that of
the PST A buses. A suggestion was made to have tram type public transportation, as is done
in Key West, and increase the number on busy weekends. It was indicated this type of
competition could be in conflict with the City's contract with PST A.
Discussion ensued regarding the Americans with Disabilities Act (ADA) standards
relating to handicapped access to public transportation. It was indicated there is a need for
ramps or other accessways from the sidewalks to the curbs at bus stops. Staff is to
investigate and report.
Issuance of a reoistration for an occuoational license for airoort limousine service for
"Suncoast Yellow Cab. Inc." (eLK-1)
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Suncoast Yellow Cab, Inc., is contracting to supplement the service of an airport
limousine company which services Clearwater. Pursuant to the Clearwater Code of
, Ordinances Section 71.01 (c), registration of a current occupational license from another
jurisdiction, must be obtained. Sunceast Yellow Cab, Inc. is currently licensed by Pinellas
County. The Clearwater occupational license code requires Commission approval for the
issuance of a license to operate a taxicab company.
The vehicles, which will be used for the airport limousine service, are also being used
to supplement the DART van service of the PST A, with insurance as required by code.
Section 61 .07 of the Clearwater Code of Ordinances requires each taxicab company
to use a distinctive color scheme for all its cabs.
James Polatty, Jr., Director of Planning and Development presented pictures of two
color schemes; one with solid yellow taxicabs and the other yellow taxicabs with white roofs.
He indicated the Yellow Cab Company was protesting having other taxicab companies use the
yellow color.
Discussion ensued regarding the question of what constitutes a distinct color schema.
While it was agreed taxicabs should be clearly marked as such, it was questioned whether or
not the Commission needed to be involved in the color issue. It was requested and Ordinance
be prepared to take this requirement out of the Code.
The meeting recessed from 12:29 to 12:58 p.m.
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Res. #92-6 - Emergencv raoair lien on orooertv located at 300 North Vine Avenue
(PLD-6)
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LDCT A w Freestandino Signs in the Beach Commercial. Urban Center (BavfronU and Urban
Center (Core) Districts (WSO) (PLDw13)
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Property located at 300 North Vine Avenue was inspected by the Building Division and
found structurally unsafe. The owner of the property is deceased and the known heirs are
minor children. The Building Official ordered the structure temporarily repaired to prevent total
collapse of the structure and possible harm to neighboring properties, both public and private.
The work has been completed.
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The City Manager indicated the subject residence, which was damaged by the April
25th storm. A suggestion was made for the City to buy the subject property and donate it
for use by the Habitat for Humanity.
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A question was raised regarding whether or not the building is occupied. It was
indicated two children are presently living there; however; they did move out while the
structure was being repaired. It was indicated arrangements for guardianship of the children
are to be made.
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Reolat of Lots 196 & 197. Clubhouse Estates of Countryside Unit Four. a oreviouslv Dlatted
subdivision located on the SE corner of Countryside Blvd. and Concord Court (Wolfe) (PLOw10)
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The applicants are requesting approval to replat lots #196 and #197 of the Clubhouse
Estates of Countryside Unit Four to relocate the common lot line between the lots. Both lots
were originally purchased together and a single family residence was erected over the
common property line. Under the land Development Code, this raplat may be approved as
an administrative lot division; but since the Commission has previously considered the replat,
the staff is seeking authority for this action.
(~:~:) The owners of the property want to move the property line to the west to make Lot
'..-J} #196 a buildable lot. The proposed Lots 1/196 :md #197 meet all area requirements of the
Land Development Code without the need for any variances.
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This same request was heard by the City Commission on May 19; 1988 and was
denied. Questions regarding adequate lot area, adequate buildable area for the structure and
a pool, and compatibility with the surrounding existing residential area were raised. The
applicant was not present to address these concerns. The sketch provided by the applicant;s
surveyor attempts to address the questions regarding the setbacks, pool area and other
concerns. As noted above, the replat would result in two conforming lots.
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Mr. Polatty, in response to questions; indicated the lots appear to meet the minimum
code requirements and adjacent property owners were contacted regarding the proposed
replat. He did not know if this application was different from the previous replat request and
staff was requested to investigate.
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In considering a sign variance request for a freestanding sign in the Beach Commercial
zoning district, the Commission directed staff to prepare an ordinance addressing such
signage.
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1) Permit pole and ground signs to be used as business identification signs in the
threB districts where twenty-five percent (25%) or more of the property's
frontage has a structural setback of at least ten (10) feet.
2) Limit the maximum allowable area and height for such pole and ground signs
to 1 5 square feet in area and 12 feet in height for pole signs and 8 feet in
height for ground signs. (Note: Ground signs are automatically limited to 8
feet in height in all districts in which they are allowed, except the Limited Office
and residential districts.)
3) Simplify the language concerning additional signs per multiple street frontages.
4) Delete existing property identification sign requirements/allowances for
properties having building setbacks of 25 or more feet and an area of at least
one acre. (The current code allows a wall, canopy or ground sign for
properties meeting these setback and area standards.)
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The proposed draft ordinance provides for freestanding signs in not only the Beach
Commercial District, but the Urban Center (Bayfront) and Urban Center (Core) Districts as
well. This was done for two reasons. First, the three zoning districts are considered together
with regard to signage requirements in the current code; second, and more importantly, the
districts share setback and other development requirement similarities which warrant
considering them together.
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The draft ordinance would provide for the following:
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The proposed draft ordinance allows property owners flexibility in addressing signage
issues in the Beach Commercial, Urban Center (Bayfront) and Urban Center (Core) Districts.
Future amendments to the code concerning these districts will eliminate the property
identification/business identification sign distinctions, provide some incentives for Innovative
and/or classical sign design (as proposed in the draft Downtown Development Plan), and
permit projecting signs in some circumstances. The proposed ordinance is viewed as an
interim code amendment which establishes "ground rules" for pole and ground signs in the
Beach Commercial, Urban Center (Bayfront) and Urban Center (Core) Districts which will be
carried over into the revised sign regulations when they are prepared for Commission
consideration.
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It was questioned whether or not pole signs are appropriate for Clearwater Beach and
what parts of the Beach Commercial area this would affect. Concerns were expressed that
pole signs create additional visual clutter.
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Consensus of the Board was to take no action on these amendments.
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Recvclina Presentation bv Jean Sherry and Teresa EturaSDe
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The City Manager requested an Item to approve a Marketing Plan for the recycling
program be added to the agenda.
The proposed marketing plan for the Curbside Recycling Pilot Program was presented
by Jean Sherry, of Pearson, Thomas/LKW Advertising and Public Relations, and
Teresa Eturaspe, Assistant Superintendent of Solid Waste, Special Services. Ms. Sherry
distributed an outline of the program's plan of action and mock-ups of promotional materials
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1. Settlement of Claim - Meeter v. City
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and customer questionnaires. She explained the marketing plan consists of a constant flow
of information and updates to a test market group, to maintain a high level of customer
interest and participation.
In response to questions, it was indicated bulk mailing of the marketing materials is
less expensive than hand delivery and collection for the pilot project is projected to start on
May 5, 1992, in the Morningside, Skycrest and Grovewood subdivisions. Recyclables will be
collected on one of the regularly scheduled solid waste collection days for each area. In
October, 1992, the program will be reviewed and a final evaluation and city-wide program
recommendations will be submitted.
Ms. Eturaspe, referring to the cost breakdown in the outline, explained $15,000.00 will
be funded by Recycling Education Grant Funds and the balance from the first quarter Solid
Waste Division operating budget for a total cost of $25,589.00.
In response to a question, Mr. Wright indicated the cost per household, during the pilot
phase, will be almost $20.00. If the program is launched city-wide, however, the marketing
concepts will already be in place and the only cost to the City will be for printing and mailing.
Discussion ensued with it being pointed out recycling will decrease the amount of solid
waste being put in the landfills, thus reducing dumping fees. It was believed that revenue
from sales of recyclables will help defray the cost of the curbside recycling program.
However, Ms. Eturaspe indicated the recyclables market is depressed and recycling is being
viewed as a cost avoidance procedure rather than a revenue generating venture. It was
M"J:a stated recyclable glass is currently being donated to manufacturers who are collecting it in
(.;1,;' roll-off dumpsters.
In response to a question, Ms. Eturaspe indicated glass is not being used for
construction of roadbeds as there is no market in Florida.
Consensus of the Commission was to bring this item forward on the February 6,1992,
City Commission agenda.
Other Citv Attornev Items
This claim involves an accident involving a city police car and a car driven by Dudley
Meeter. The accident occurred on November 20, 1990, at the intersection of Cleveland
Street and Lake Avenue. Mr. Meeter lost three months of income, or $7,960.0Q, his car,
worth $2,930.50, was totalled and he incurred medical bills totalling approximately
$7,300.00.
A question was raised regarding whether or not the officer involved was totally at fault
in the incident. Paul Richard Hull, Assistant City Attorney, indicated the staff member was
not a police officer, but a crossing guard, and was determined to be totally at fault.
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WkSes
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The Mayor questioned whether or not the City's opposition to the bill has been
expressed to Senator Kiser. Ms. Deptula indicated a letter of opposition was written to
Senator Kiser and forwarded to the chairmen of the various committees. Mr. Galbraith stated
he has sent a detailed listing of the City's objections to Senator Kiser.
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The City Manager stated school crossing guards are frequently asked to shuttle police
vehicles to and from the garage in order to free' police officers for other duties. From an
administrative standpoint, Mr. Wright stated he has often taken a tthard line'. in the City'S
position regarding personal injury settlements. However, he said he feels this claim should
be settled.
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Discussion ensued regarding Mr. Meeter's condition. Mr. Hull was not aware of any
other compensation being received by Mr. Meeter.
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Consensus of the Commission was to place this item on the consent agenda for the
upcoming City Commission meeting.
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1 . legislative Update
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The City Attorney reported the FEMA bill is in good shape and there are companion
bills in'the House and the Senate with one committee reference in each house. The Senate
bill was amended to leave in the five~year rule but there appear to be some problems with the
language regarding what can and cannot be done without a permit.
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Discussion ensued regarding the five~year rule with Mr. Galbraith indicating the cost
of building improvements over any five~year period are limited to 50 percent of the value of
the structure.
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The City Attorney and Assistant City Manager Deptula reported regarding impact fees.
Mr. Galbraith indicated little improvement in the bill since last year and he is not sure where
it is going as there are significant problems. Ms. Deptula indicated the bill in the Senate is
sponsored by Senator Kiser. She said letters have been written to the Legislature, expressing
opposition to the bill and thanking those legislators who voted against it for their recognition
of the impact of the bill on local governments.
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Ms. Deptula indicated the City is following several pieces of legislation including
extension of pension benefits to firefighters and police officers, the impact of solid waste
legislation on the City of Clearwater and strengthening limitations and restrictions on fireworks
sales.
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In response to a question, Mayor Garvey and Commissioner Fitzgerald indicated they
will attend the Tampa Bay Legislature Day.
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The Mayor questioned the status of the proposed bill relating to taxation of water,
sewer and garbage utilities. Ms. Deptula indicated she has not seen any legislation on this
yet. Mr. Wright indicated the City will closely follow this issue.
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Consensus of the Commission was to encourage the two parties to work together.
2. Clearwater Beach Association Request to take over Clearwater Beach Welcome Center
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The City Manager requested Commission direction regarding the Clearwater Beach
Association's request to take over the operation of the Beach welcome station from the
Clearwater Chamber of Commerce.
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Other Commission Action
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Commissioner Berfield questioned whether the term of a Maas Brothers Task Force
member should run concurrently with the term of the appointing Commissioner, or for the
duration of the task force.
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Commissioner Nunamaker announced the appointment of Gregory Jewell, of Moss
Feaster Funeral Home, to the Maas Brothers Task Force. This appointment is to replace
Joanne Faruggia, who was not able to attend the task force meetings.
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Consensus of the Commission was for the term of membership to be for the duration
of the task force.
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Mavor Garvev indicated Mr. Ed Mazur has requested a resolution and to appear before
the Commission to make a presentation regarding the Forget-Me-Not Association. Consensus
of the Commission was to hear Mr. Mazur's presentation at the next City Commission
meeting.
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Mavor Garvev questioned whether the Commission wanted to support PCEDC's
resolution relating to retaining the General Electric Plant. Consensus was to support the
resolution.
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Commissioner Fitzaer~ld questioned if any action is being taken on a petition opposing
a change of address on Gulf Boulevard. Staff is to prepare a report.
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Commissioner Fitzgerald complimented staff efforts to bring film and commercial
productions to Clearwater.
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Commissioner Berfield expressed great concern regarding being told a staff member
called Downtown Development Board members and requested they lobby against Ms. Garris's
appointment to the Maas Brothers Task Force. The City Manager is to investigate.
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The meeting adjourned at 1 :58 p.m.
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17
2/3/92
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