05/04/1992 (2)
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WORKSESSION
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C.ty Commission Worksession Minutes
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CITY COMMISSION WORK SESSION
May 4, 1992
The City Commission of the City of Clearwater met at City Hall with the following members
present:
Rita Garvey
Richard Fitzgerald
Lee Regulski
Sue Berfield
Arthur X. Deegan, II
Mayor ICommissioner
Vice-Mayor /Commissioner
Commissioner
Commissioner
Commissioner
Also present were:
Michael J. Wright
M.A. .Galbraith, Jr.
Cynthia E. Goudeau
City Manager
City Attorney
City Clerk
The meeting was called to order at 9:00 a.m.
Service Awards
One service pin was awarded to a City Employee.
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Lono Center Presentation (WSO)
Mark Abdo, Executive Director of the Long Center, explained administration of the
center is comprised of an operations board and a fund raising board. He stated in fiscal year
1 990/91 '. over 827,000 visitors accounted for over one million user hours and a savings of
$114,000 was attributed to over 19,000 volunteer hours. By the end of the fiscal year there
was a 27 percent increase hi revenue and a two percent reduction in expenses. He indicated
membership, originally estimated at 2,000, has increased to 5,065, of which 3,200 members
are Clearwater residents.
Mr. Abdo stated the ,center is open 80 hours per week and monthly individual and
group memberships are available as well as daily user fees for those who prefer to pay as they
go. He explained attendance statistics and stated activity schedules are planned to focus on
off-peak hours to balance with public usage.
Outlining construction programs, Mr. Abdo indicated a day room is being cleared to use
for meetings, upstairs clas'srooms are being dressed up and may be rented, locker rooms and
showers are being upgraded.
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In response to a question, Mr. Abdo indicated.a cafeteria is operated by UPARC and
catering is also used. .
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Mr. Abdo noted a slight Increase in expenses for the first six months of this year due
to unanticipated repairs and maintenance and the addition of one administrative employee.
He stated an overall increase in attendance, usage and non-sponsored memberships accounts
for a 17 percent increase in revenues. He explained the increased revenues result in lower
residual costs to the City and other funding agencies. In response to a question, he stated
the lower City residuals do not indicate diminished use by Clearwater citizens, but increased
use by others. He indicated Clearwater's portion of the Sinking Fund, or investment in the
future of the facility, is currently at $26,564.46. This is a capital fund separate from the
operational budget, beginning in October of 1992 and is allocated based on user hours.
The City Manager indicated, in response to a question, staff feels this is a reasonable
approach to planning for future needs and will recommend this item for receipt and referral.
Mr. Abdo gave a historical analysis 9f the Center Foundation, stating fund raising
activities have not kept pace with contributions and certain organizations have not paid their
pledges. As a result, he stated the Foundation will have to borrow approximately $100,000
to payoff bonds in,August as new pledges will not come in until afterwards. He stated any
additional pledge money will not go into operations, but will be applied toward building a
Foundation endowment, ultimately hoped to amount to $5 million.
The meeting recessed from 9:54 a.m. to 10:00 a.m.
Stevenson Creek Status Reoort
Bill Baker, Public Works Director, outlined the general features of the project, stating
Stevenson Creek is a major stream beginning at Belleair Road, running through Clearwater and
into Clearwater Harbor, causing drainage problems and flooding during intense thunderstorms.
He explained a plan to eliminate some of the "bottlenecks" of the creek, reducing the velocity
of water eroding the banks and the amount of silt washing into Linn Lake. On a map of the
project, Mr. Baker indicated bends in the creek which are proposed to be reinforced with
concrete and locations where wetlands will be created. Other less desirable alternatives to
using concrete, he indicated, are to purchase property upstream for water retention, or to
widen the channel, allowing the banks to extend over property lines. Mr. Baker stated during
Phase I, 13,000 tons of sediment were removed from Stevenson Creek Harbor and a sediment
trap was designed and put in place. He indicated Phase II includes serious concrete work
between Drew and Pierce needed to accommodate the flow without flooding adjacent
properties.
Discussion ensued with it being indicated almost 300 homes would have to be
purchased in order for the creek banks to remain natural. In response to a question, Mr. Baker
said this project does not address cleaning out Stevenson's Harbor. It was stated the erosion
and sedimentation filling up lakes and channels are causing a negative environmental impact
and the proposed plan will help.
Tom Burke. of Camp Dresser and McKee, addressed the status of construction today.
He indicated obtaining the requisite permits for Phase I has been a difficult challenge;
however, Phase I is anticipated to be completed by the end of June. It was indicated
additional funding was approved to get the Cleveland segment open on schedule.' He stated
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Phase II, which requires a knowledge of system hydraulics to control sediment and water
quality, is under review in Tallahassee now. Mr. Burke indicated necessary documentation
is in place and the project will go forward when permitting is completed.
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Discussion ensued concerning the level of difficulty encountered in obtaining permits.
In response to a question, it was indicated Commission direction will be needed if Phase II
permits are not obtained in a timely manner. Mr. Baker stated it is hoped to facilitate the
process by combining permit applications for Phases ", III and IV; however, timing is uncertain
due to the various regulatory and other agencies' concerns which must be addressed. Mr.
Burke compared the costs of Phases I and II to date and stated the DER and SWFWMD have
agreed to jointly review the project. Various construction details were discussed.
Oeclarati9n of furniture. equipment and DroDerty surolus to City needs and authorize the sale
of the surolus items to the highest bidder at Puplic Auction (AS-1)
Various items of furniture, equipment, and other property have been turned in and
accumulated at the Central Stores/Property Disposal warehouse. AI items have been
examined by various departments for possible re-issue and have not been selected.
Some of the surplus items may have limited residual commercial value. Commercial
buyers recognize this value and are accustomed to purchasing at competitive auctions. The
City's auctioneer also advertises each auction to the general public, who is invited to
participate. The City has scheduled an auction in May 1992 to dispose of items previously
approved for disposal.
(~~~) Former auctions have shown that disposal of surplus in this manner more accurately
reflects the current true market value, therefore. the Public Auction provides the higher net
monetary return to the City. Sale expenses will be deducted form gross sale income.
A question was raised regarding whether or not any of the materials could be donated
to non-profit organizations. Donation was not recommended as it was indicated the items are
not serviceable and not worth repairing.
Three year contract to Prime Service of America. Inc., Clearwater. FL. for custodial services
fQr the veriod 7/15/92-7114/~5 at an est. annual cost of $226.380 (GS-,)
Bids were solicited in May 1991 for custodial services. At that time, Prime Service of
America, Inc. was the lowest, most responsive and responsible bid received. City buildings
comprising a total of 260,824 square feet are involved in this contract. The right is reserved
to add or delete square footage or new facilities as may be required.
Prime Service of America has agreed to extend its contract with the City for $18,865.
per month for a three-year period. While this price presents an increase of 10 percent over
the current pricing, it is stUl substantially lower than all of the other bids received in may 1991
and is fixed for the three-year contract period. This contract may be terminated upon 45 days
notice to the contractor.
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Prime Service of America has been most responsive to all requests; the quality of
service provided by this contractor is more complete than the servico provided by any other
custodial contractor the City has used in the past, including the next two higher bidders.
Fred Mol~, Assistant Director of General Services, indicated in response to questions,
Prime Service of America did submit the lowest bid and the contract was not offered for rebid.
He stated the company offers the most complete and satisfactory service with the least
number of complaints.
Extension of contract with The Police Law Institute. Technologv Innovation Center, Oakdale.
Iowa, to orovide a comDuter based State and Federal Law training oroaram for the oeriod
7/1/92-6/30/93 for $24.000 (PD.')
One June 20, 1991, the City commission approved the expenditure of $24,000. to the
Police Law Institute to provide computer.based legal training.
The current contract expires on June 20, 1992, and the Police Department requests,
for the fourth consecutive year, another contract be awarded to The Police Law Institute for
. one year of training to all sworn officers and Police Service Technicians. The Police Law
Institute is the sole provider for this type of training.
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The computer-based training concept has been very instrumental is assisting the Police
Department accomplish its training mission. Although, there are many benefits to computer-
based training, it has directly benefitted two crucial areas of concern to the department and
the City. The quality of legal training being performed has reduced the potential for civil
liability. Additionally, the department is able to apply the training term toward an officer's
mandatory retraining time, of which each officer must complete a minimum of 40 hours every
four years as required by the State of Florida, Criminal Justice Standards and Training
Commission.
The training, which is performed on a laptop computer approximately one hour a
month, has dealt with such issues as stop and frisk, use of torce, arrest situations, escapes,
new laws, interrogation, and search and seizure.
Officers are able to perform the training on an on~duty basis, thus avoiding overtime
expense, contractual instructors and out-at-city travel.
In response to questions, Captain Kaminskas, Police Services Division, explained the
usage of computer terminals and laptops relating to the program. He stated the training is
accomplished during on-duty hours and the alternative would be sending officers outside the
City for training.
Extension of contract with Lawmen's & Shooter's SUDoly. Inc.. Vera Beach. FL. for DurchasEl'
of aocrox. 80 Drotective vests and covers for the oeriod 6/18/92-6/17/93. for an est. total
of $27 .449.60 tPD-2)
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The Police Department began purchasing protective vests for Police Officers in 1977.
Since that time, 100 vests have been issued and are in use. In 1985, the Police Department,
concerned about the longevity of the individual vests, performed tests on the oldest and most
worn vests. It was determined that a majority of vests were in serviceable condition. Some
vests did display fraying along the edges of the kevla, fabric. Consequently, some vests had
to be replaced due to wear.
Recently, the industry providing vests has taken a position on the time serviceability
of vests made of kevlar. Dupont, the manufacturer of the material has also begun to make
recommendations on the suggested life span of individual vests. The industry and
manufacturer currently agree that the suggested life span is five years.
With this information. and in the interest of safety. the Police Department feels it
necessary to replace approximately eighty vests and vest covers. The vests to be replaced
include those over five years old, those displaying fraying or unusual wear, and vest for new
employees.
This is the second extension of the contract that was initially awarded
November 16, 1990, and ;s authorized by the general terms of the initial contract bid. When
bid, Clearwater was given the same pricing as the Florida Marine Patrol, a much larger
contract.
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In response to questions, Captain Kaminskas indicated only 80 vests, either obsolete
or showing obvious signs of wear were replaced last year. He projected replacement of 20
to 40 vests per year, based on personnel turnover. He stated the vests are custom fitted to
individual officers and cover the body from neck to groin, in front and back but not on the
sides. He explained having a vest is an officer's option; however, once requested, the vest
must be worn at'a" times while on duty. It was indicated the majority of the officers wear
the vests, but it was not known how many vests are currently in service.
, Contract for restoration of Countryside Community Park Restroom & Maintenance Building to
Oakhurst Construction Comoanv. Inc.. Seminole. FL. for $24.179 (PR.1)
A fire at the Countryside Community Park restroom/maintenance building completely
destroyed the mens' room while the roof and other rooms sustained partial damage. The
Police and Fire Department arson team investigated the damage and are continuing their
investigation of the fire.
Countryside Community Park is a very active facility which is heavily used by residents
in the Countryside area. Due to the heavy volume of users, three portable restroom facilities
have been rented.
The architectural firm, Myers, Plisko and Ou (the original designers of the building),
were retained to perform professional services to restore the facility. Six bids were received
for this project with the lowest and most responsible bidder being Oakhurst Construction
Company, Inc.
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Public Hearing ~ Vacatina the 5' utilitv easement Iving along the south DrODertv line of Lot 11 .
Oak Creek at Countryside. less easterly 5' and westerly 5' subject to County vacating a 5'
easement on Lot 10 (AJlmonos V92-05)(PW-2)
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In response to questions, it was indicated the fire was determined to be arson. The
repair costs were below the insurance deductible and therofore paid out of tho City's self-
insurance fund.
Public Hearinq & First Readina Ord. #5202~92 - Vacating the easterly 5' of the westerly 10'
drainage & utility easement lying in Countryside Tract 56, Unit 2, Lot 41, less northerly
5'(Garrett V92-04HPW-1)
The applicant has a pool structure which encroaches approximately 1.5 feet into the
easement and the decking encroaches an additional 3.3 feet. The City does not have any
utilities within this easement.
No objections have been raised by City Departments, Florida Power, General Telephone
or Vision Cable to this vacation request.
This pool was constructed prior to the recently-instigated process whereby impending
encroachments are more readily discovered and precluded.
In response to questions, Bill Baker, Director of Public Works, explained the pool
structure encroaches because the construction drawings showed the pool measurements to
the water line, not the outside wall. He indicated it is not unusual to allow decking or bird
cages to encroach into an easement. Mr. Baker stated vacation requests are generally
prompted when a property owner refinances or sells a property and has a need to clear the
title. He explained there are no utilities in the subject easement.
The applicant owns two lots in Oak Creek at Countryside Subdivision. Lot 11 lies
within the City, Lot 1 0 is in County and is the annexation request considered in Item PLD-8.
A five-foot easement lies on each side of the common lot line. The applicant is proposing to
build a pool over the existing easement and is requesting the City vacate the five-foot utility
easement lying along the south line of Lot 11. The City has no existing facilities within this
easement.
This petition has been reviewed by the various departments concerned and there are
no objections other than the Planning Department requiring a Unity of Title be filed with
Pinellas County. The three utility companies and Pinellas County Water have no objections.
The County is currently reviewing a similar request for the easement on Lot 10. They
propose to take their request to the Board of County Commissioners in June.
The City's Public Works Director recommends this request be approved subject to the
County's approval of the vacation of the north easement lying in Lot 10.
It was stated the application indicates the vacation is needed for a driveway. Staff will
investigate.
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Public Hearina & First Reading Ord. #5203~92 ~ Vacating the N 2' of the S 10' drainage and
utility easement lying Countryside Tract 5, Lot 32, less westerly 5' (Casey V92-06)(PW~3)
The applicant has a pool structure which encroaches approximately 1.0 foot into the
easement and the decking encroaches an additional 8.2 feet. The City does not have any
utilities within this easement.
No objections have been raised by City Departments, Florida Power, General Telephone
or Vision Cable to this vacation request.
A question was raised regarding why a two-foot vacation was requested when the
decking encroaches 8.2 feet into the easement. Mr. Baker indicated the City only considers
the pool to be a structural encroachment and only grants what is actually needed.
(Cant. from 4/1 6/92) Consider allocation of ten Bcres known as "The School Board Prooerty"
to the Clearwater Aimark with interim use by the City while designated in the long term for
airpark development (PW-4)
The Clearwater Airport Authority has requested the Commission designate the ten
acres north of the Clearwater Airpark, known as "The School Board Property", as property
of the Clearwater Airpark for future development.
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The Airport Authority Plan includes the provisions for use of "The School Board
Propertylt in the interim as a mulch farm for the Solid Waste Division and provides land for the
construction of a retention pond to support the storm water retention needs of the Public
Works Infrastructure Complex development.
. The property in question was originally purchased by the Solid Waste Enterprise Fund
in 1989 for $750,000. On March 5, 1992, the Commission approved the transfer of this
property, at cost, to the Garage Fund in return for the "Campbell Propertv". If the Airport
Authority request is approved, the Garage Fund would be entitled to a reimbursement for its
investment in the subject property. Without reimbursement, this transfer will be recorded as
a "contribution" which will reduce Garage Fund assets and Fund balance. If requested, staff
will review and detail the various reimbursement options for Commission consideration in a
subsequent agenda item.
In response to a Question, Mr. Wright indicated this is a major policy issue and should
be decided by the Commission.
Concern was expressed regarding paving the open space/clear ZOlle with it being felt
paving could invite use of the clear space as additional runway area. This item will be
discussed Thursday with Mr. Moore present to answer questions.
One year contract to Perkin~Elmer Core.. Lake Marv. FL. to orovide maintenance service for
the Water Pollution Control Division's Atomic Absorotion and Gas Chromatograoh Instruments
for the period 7/1/92-6/30/93 for $1 0,731.96 (PW~5)
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The recommended vendor, Hughes Supply, submitted the second lowest bid for the
specified material. They can supply the minimum quantities required by the Water Division
either from existing stock or within ten days, minimizing the number of these costly devices
that must be placed in inventory. The low bidder did not meet bid specifications, requires up
to six weeks for delivery and added a stipulation to their bid requiring a minimum order of
$5,500.
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The City is required, under the terms of the U.S. Environmental Protection Agency
(EPA) and the Florida Department of Environmental Regulation (DER) permits, to make
quarterly analyses for contaminating parameters in plant effluent. Testing is also conducted
for stormwater discharge quality and for certain Water Department inquiries.
The Atomic Absorption Spectrophotometer and the Gas Chromatograph are
sophisticated instruments originally purchased at a cost of $50,000 and $90,000 respectively
and are serviced through an annual warranty extension maintenance contract which includes
on-site repair, parts, labor and travel. The service is available only from Perkin-Elmer, the
supplier of the instruments.
In response to questions, Mr. Baker indicated preventative maintenance is done in-
house and the service contract covers repairs. He stated the atomic absorption unit monitors
metal salts in creeks and streams and the gas chromatograph is used for more exotic types
of testing. Mr. Baker indicated the tests are 'numerous and increasingly frequent enough to
justify the expense of purchasing the equipment. He stated stormwater quality is also
monitored for organics and pesticides and it was suggested to fund the purchase of the
equipment in conjunction with Stormwater Management. Staff is to investigate performing
tests for other communities as the City has a state-certified lab.
Annual contract to HUClhes Suoolv. Inc.. Clearwater. FL. for Durchase of double detector check
valve assemblies bv the Water Division for the period 5/8/92-5/7/93, total est. cost $80,655
(PW-9)
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Double detector check valve assemblies are installed by Water Division Personnel on
private fire lines to provide protection for the public water supply from backflow and to detect
water use from leaks or unauthorized connections in the customer's system. After
installation, costs of which are paid by the customer, the devices are tested annually and
maintained by Water Division personnel.
The devices will be purchased in minimum quantities, as needed during the contract
period, using an inventory code. They will be placed in stock and charged to the appropriate
CIP code as they are withdrawn from the warehouse.
Discussion ensued with it being indicated a $5,500 minimum order is not excessive
in view of the $80,000 contract. Mr. Saker indicated the minimum is charged on each order.
In response to a question, it was stated a customer is charged what it costs the City to
purchase and install a device.
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This item provides for the approval of a Bicycle Path easement from Florida Power
Corporation (FPC) to cross their 225-foot-wide right-of-way adjacent to the Carpenter Field
Complex. An existing driveway crossing easement exists across the FPC right-of-way which
is used for entry to the City's Tronsfer Station and Carpenter Field. Application was made to
FPC for approval to widen the existing crossing easement from 34 feet to 60 feet, or for an
additional 26 feet of easement width. This easement is necessary to complete the
construction of the bicycle path. In a separate agenda item, approval is requested for award
of construction contract to complete the section of the bicycle path from the City's Northeast
Coachman Park at Old Coachman Road and Alligator Creek to the west end of the Cliff
Stevens Park adjacent to the east side of U.S. Highway 19.
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Annual contract to Niaaara Conservation COrD.. Flanders. NJ. for ourchase of miscellaneou.,S.
water conserving devices bv the Water Division for the oBriod 5/8/92-5/7/93. total est. cost
$78.280 (PW-10)
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At a work session in February of 1992, the City Commission authorized the Water
Division to make low flow showerheads, water displacement bags and leak detection dye
tablets available to interested residential water customers to promote water conservation.
Sub~'equently, several small orders for these devices have been received and distributed to
customers. Through Mid-April, Over 5,500 showerheads, 5,500 displacement bags and
3,225 dye tablet kits have been provided to water customers. Another 1,400 showerheads,
1 ,700 displacement bags and 900 dye kits have been requested and will be provided
throughout this contract. Customer inquiries and requests for these items are still being
received.
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Instead of continually ordering this material in small quantities, the recommended
annual contract is sought in order to simplify the acquisition and distribution of these items.
The material will be ordered, as needed, during the contract period. All material included in
the contract may not be needed. Items will be ordered based on customer interest and
demand.
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In response to questions, Mr. Baker stated Public Works has run out of the materials
and indicated the cost is less than ordering through SWFWMD.
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Easement Aoreement with Florida Power Corooration (FPC) for a 26' wide Bicvcle Path
{'~~}~ Extension across FPC rioht-of-way (PW-11)
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Staff was requested to provide a map showing the bicycle path. It was indicated this
is planned to extend to the Pine lias Trail.
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C.O.1t1 to the Desion Services Agreement with Kisinoer Camoo & Assoc. Core.. for
Clearwater Pass Bridq8 Crutch Bent Reoairs increasing the amount $21,670, adjusting the
engineering portion of the agreement amount to $151,670 (PW-12)
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In June, 1991, the City Commission approved an agreement for design and
construction management services for the installation of eight additional crutch bents on the
Clearwater Pass Bridge with Kisinger Campo and Associates Corporation (KCA) in the amount
of $130,000. The construction work is under way with the Misener Marine Construction, Inc.
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The construction work is generally carried out in phases with the first phase being the
installation of the new steel piles which together form the crutch bent support system. The
contractor has completed the installation of the steel piles at six of the eight bents and is
working now at bents 17 and 37 where the rock is to be removed. During the course of this
work, the consulting engineer observed that strong currents in the pass had caused increased
erosion of the bottom around the existing concrete piles of the bridge. Because of this
increased erosion, the consulting engineer believed that the actual bottom profile around the
existing bridge bents which were being supported by the new crutch bents should be closely
monitored on at least a weekly basis. The consultant did not anticipate this additional
monitoring activity in the initial proposal of professional services. The actual monitoring
services have been performed by the engineering consultant's subcontractor, Dive-Tech
International, Inc. Attached is a retter from the consultant describing the additional services
with a cost estimate of $21,670 for these services.
Mr. Wright indicated another after-the-fact purchase order will be prepared at the
completion of the project for additional work being done. He stated the work is past the
crucial point and may be finished within two weeks.
In response to a question, it was indicated daily surveying of the bridge in effect during
construction was at City expense and has stopped.
In response to a question, it was indicated sufficient funds are available in this project
as the original bid was lower than had been anticipated.
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The meeting recessed from 11 :24 a.m. to 11 :31 a.m.
Discussion re: Environmental Advisorv Committee (PW-14)
The Environmental Advisory Committee (EAC) minutes indicate that the EAC
"continues to solicit Commission identification of areas of environmental concern in which
EAC review may benefit Commission and Decisions."
Suggested changes to the bylaws for improving effectiveness are:
1) Reduce the membership of the EAC (suggest 5 to 7 members).
2) Modify EAC bylaws related to "duties" to clarify the "advisory" role of the Committee
and require them to review issues and make recommendations back to the Commission
on subjects required by the Commission at semi-annual work planning sessions. These
semi-annual Commission/EAC sessions should focus on previous six-month work
accomplishments and establish future work plans.
3) Reinforce to the EAC that the bylaws allow only for quarterly meetings and at such
times as the board, by majority vote, may find necessary. The intent is clearly to keep
the frequency of meetings at a minimum. The Commission should consider re~
emphasizing their intent to minimize meetings and to address whether or not to allow
sub-committees.
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Suggested topics for Environmental Advisory Committee review until October are:
4)
EAC Chairman needs to focus committee attention to the agenda established during
Commission/EAC work plan meetings and only address additional issues approved by
majority EAC vote and approved by the Commission as an addition to the work plan.
The Commission should be the tinal judge whether or not the approve any new topics,
not the EAC.
'1
1) Comprehensive Watershed Management Master Plan. - Review progress toward long
range watershed management plan and make recommendations to the City Com-
mission regarding funding sources.
2) Consider and recommend to the Commission a mechanism whereby the City might
assess and quantify public interest for Environmental Issues or Directions as a long-
term strategic planning objective.
3) Consider and recommend to the Commission improvements to the City of Clearwater
Code of Ordinances in environmental areas where existing environmental problems
might be better remedied through more appropriate codes.
Mr. Wright stated staff is seeking Commission direction regarding the role of the EAC
in the City.
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Discussion ensued with regard to defining the purpose of the committee and
determining if it benefits the City. Concerns were expressed with regard to the EAC's
proposed long-term agenda duplicating issues already being addressed by other boards and
the increasing number of staff hours involved in researching items for the committee.
In response to questions, it was indicated the EAC was intended to be a sounding
board, providing recommendations tothe Commission concerning future environmental issues,
not a construction permit review agency. It was felt the EAC's input goes beyond the scope
of an advisory committee by detailing technical aspects rather than general concepts.
Tom Miller I Assistant Director of Public Works/Environmental, stated in the past year
the EAC has met monthly and moved toward being more of an action committee. Discussion
ensued regarding the committee going back to quarterly meetings, monitoring the activities
of other boards to avoid duplicating efforts and brainstorming on Commission goals relating
to the environment. Concerns were also expressed regarding the committee's use of
subcommittees. It was suggested the EAC independently research information, relying less
on staff research.
A question was raised regarding how the Sunshine Law affects the committee. City
Attorney Galbraith indicated if the committee or a subcommittee meet outside the sunshine.
Commission decisions based on the committee's recommendations could be invalidated.
Consensus was to ask the committee how it would function without staff support
other than someone to take minutes and keep records. Staff was requested to draft a memo
to the committee for Commission review. The memo will be sent to the committee and
discussed with them at their next meeting.
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DeSantis Lawsuit - orovide individualleoal coullsel for Police Chief Klein, reject offer to use
binding arbitration to settle this case and continue with defense of lawsuit (eM-' l
Joseph R. DeSantis has filed a lawsuit against the City of Clearwater and Pollee Chief
Sid Klein pursuant to 43 U.S.C. , 983 and state common law, alleging the deprivation of his
constitutional rights and intentional infliction of emotional distress. The Chief was added as
a defendant after the case was first filed. After court-ordered mediation and consultation with
our attorney, William Sizemore, it was determined that the Chief would need separate legal
counsel in this case. Also discussed after the mediation, was that to expedite this case, Mr.
DeSantis would use binding arbitration to resolve this case. Binding arbitration would include
the use of three attorneys as arbitrators. The City and Mr. DeSantis would choose one each
and those two would choose the third. The decision of the three would be final, and no
appeal from this decision could bo made. Our legal counsel recommends against this
resolution and recommends we proceed to trial absent reasonable settlement offers.
In response to a question, it was indicated Paul Misener would represent Chief Klein.
Public Hearina & First Readina - Ord. #5189-92 - ra: increase maximum heiaht for structures
in all Single Familv zonina districts and the Multiple Familv "8" and "'2" zoning districts,
amending ~ ~ 135.011, , 35.017, , 35.023, 135.029, 135.035, 135.036, 135.037, , 35.043,
135.044 and 135.045 (LDCA 92-02)(PLO-2)
In its efforts to make revisions to the Land Development Code which reduce the need
for variances, staff has developed a draft ordinance which increases allowable structure height
(lJ.~) from 25 feet to 30 feet in the RM-B, RM-12, and all single family residential districts. This
'",(,:. change brings the City of Clearwater height requirements into consistency with those of
Pinellas County.
Numerous height variances for single family structures are entertained by the
Development Code Adjustment Board. This change would eliminate a number of these
variance requests. No negative impacts on single family or low density multi-family zoning
districts are anticipated as a result of this increase in allowable height.
In response to questions, it was indicated this ordinance is being drafted to reduce the
number of variances being requested. It was stated all six of the draft ordinances meet the
county-wide plan.
Public HearinQ & First ReadinQ - Ord. #5190.92 - re: Art Galleries/Studios as a oermitted use
in certain distriQts, amending ~ ~ 135.086, 135.092, 135.104, 135.110, 135.116, 135.122,
135.128, 135.134, 135.141, 136.025 and 137.005 (LDCA 92.03HPLD-3)
Staff has received recent requests from the public to permit art galleries/studios in
office zoning classifications. In considering these requests, staff has determined the use is
consistent with the traffic generation, hours of operation and other characteristics of uses
allowed within the office zoning districts.
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The proposed ordinance would allow the art gallery/studio use in the Limited Office
tOL) and General Office (OG) zoning districts with a conditional use permit; the use would also
be allowed 8S a permitted use in aU commercial zoning classifications except Neighborhood
Commercial (CN).
A question was raised whether or not a dwelling unit would be allowed in an art studio.
Discussion ensued regarding single/multiple family unit allowances in certain commercial
zoning districts. Staff was requested to provide clarification.
Public Hearina & First Readinn - Ord. #5191-92 - re: use restrictions for Indoor Retail Sales.
Personal Services. Restaurant and Indoor Commercial Recreation/Entertainment oermitted use..s
in the Resort Commercial H24H and "28" districts, amending ~ ~ 135.110 and 135.116 (LDCA
92-04)(PLD-4)
Staff has identified a problem occurring on Clearwater Beach involving the conversion
of existing motel rooms to retail, personal services, restaurant or indoor commercial
recreation/entertainment uses. The Clearwater Beach Blue Ribbon Task Force has also
recognized this problem in its recommendations to the Commission.
The problem with converting existing hotel/motel rooms into other uses is that the loss
of hotel/motel rooms reduces the "base" tourist population on the beach. This means there
are fewer tourists and more commercial uses, creating a situation in which pedestrian traffic
is reduced and vehicular traffic is increased. If this trend is allowed to continue, staff may
have to recommend revising beach parking requirements to eliminate the 50% reduction
(....') allowances which are based on having a tourist/pedestrian population of a certain SiZD.
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The proposed amendment would prohibit indoor retail sales, personal services and
indoor commercial recreation/entertainment uses from being conducted in a hotel or motel.
The amendment would also limit small restaurants (those containing Jess than 3,500 sQ.ft.
of gross floor area) from being allowed to operate in hotels or motels containing fewer than
100 rooms. Some limited retail sales or personal services uses could still occur within
hotel/motel uses as accessory uses; however, large scale conversion of motel units could not
occur if this amendment is adopted.
In response to a question, it was indicated one of the Planning and Zoning Board
members voted against the amendment because it limits the options available to small
hotel/motel owners.
Public Hearina & First Readinn - Ord. #5193.92 - re: soecific floor area standards for certain
classes of accessorv uses: classifv an individual dwellinn unit attached to a hotel/motel as an
accessory use, amending Sec. 136.008 (LDCA 92-06)(PLD-6)
The ordinance establishes a specific percentage of floor area standard for accessory
uses and provides a Itbonus" for hotel/motel uses when those uses have a residential unit
attached to the manager's office.
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The first purpose in intended to provide a clear standard regarding what constitutes a
true accessory use. In the current code, the percentage of accessory use need only be
slightly less than the percentage of principal use. This has created problems in which the
mixed use formula of the Land Development Code, governing intensity of land use, is not able
to be applied.
The second aspect of this proposed code amendment addresses allowable density
when a residential use is associated with hotel/motel uses. In many cases, the smaller motels
provide a residential unit for the manager of the motel which is currently counted in
calculating the overall density allowed for the hotel/motel use. The proposed amendment
would provide a very limited density "bonus" for hotel/motel uses which have associated
managers' residences.
Jim Polatty explained the ordinance requires a manager's living unit to be attached to
the office in order to preclude conversion into another rental unit, thus violating density
standards.
Ouestions were raised regarding requiring the manager's apartment in a hotel to be
directly attached to the office and how to ensure the apartment is used for a resident manager
and their family.
Consensus was to delete the requirement for the apartment being directly attached to
the office but to require that it's use be limited to the manager, that it not be rented and that
it be in the same building as the office.
Variances to Sign ReQulations (Cont. from 4/16/92) for property (Fortune Federal Savings &
Loan Assoc) located at 18401 U519N, Levitz Plaza Shopping Center, formerly Grant's Plaza,
Sec. 20-29-16, M&B 33.02, 33.021 & 33.06 (Home Shopping/Paxson, SV92-04)(PLD-9)
The applicant is requesting two variances to retain and use an existing property
identification (pole) sign with 77 square feet of surface area. This pole sign is located along
U.S. 19 on the Grant Plaza property, north of the main entrance to the plaza. The property
is zoned Commercial Center (CC).
The applicant's property has been split from the original development of Grant Plaza.
There are no records that indicate approval of this property division; therefore, it is not
recognized by the City. Unrecognized property splits of this type have raised a question
regarding the appropriate classification of such properties for determination of allowable
signage. If the applicant' property is considered a part of Grant Plaza, it is entitled to one
attached business identification sign not to exceed 1.5 square feet per lineal foot of building
width or 45 square feet, whichever is less; however, is not entitled to a separate free standing
property identification sign. In this case, the requested variances for a pole sign are actually
variances for Grant Plaza and not for the applicant. As the property split creating the
applicant's lot is not recognized by the City, staff feels the applicant's property should be
considered a part of Grant Plaza and the signage judged accordingly.
If the applicant's property were to be considered a separate lot, it would be entitled
to a property identification sign of up to 84 square feet and an attached business identification
sign not to exceed 1 5 square feet.
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The City of Clearwater received a grant award of $679,000 for 1990-1991 under the
Federal CDBG program. Total expenditures for the fiscal year were $1,069,166. Revenues.
expended were derived form the grant award, program income, and unexpended balances
carried over from prior years' housing rehabilitation activities. Expenditures for social services,
housing services, salaries and expenses of the Community Development Division of the
Planning and Development Department were included in the 1990-1991 program. All
expenditures met HUD criteria for program beneficiaries.
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Jim Polatty stated the applicants have requested a continuance and claim their signage
was grand fathered in and does not require variances.
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Discussion ensued regarding the parcel. City Attorney Galbraith explained the code
in effect at that time was confusing as to what constitutes subdivision. He indicated signage
for the subject parcel has been located outside the lot for a number of years; however, if the
parcel is determined to be separate from Grant Plaza, its sign must be on its property.
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Variance to Sian Regulations for DTODertv (Semtronic Assocoolnc.l located at 1467 S. Missouri
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The applicant is requesting a variance of 3 feet to permit an existing sign 2 feet from
a property line.
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The subject sign identifies a freestanding business known as Semtronic Associates,
Inc. The sign is technically a pole sign, as it is supported by two brick pilasters, one on either
side of the 22.3 square foot sign panel. The sign is currently located within a walled retention
area in the front yard of the property and is set back four feet inside the sidewalk. The overall
height of the sign is 7 feet 5 inches, less than the maximum allowable height of 20 feet, and
the 22.4 square foot area is less than the 64 square feet permissible in the CG zoning district
in which the property is located. The overall width of the sign is 6 feet, 8 inches, and the
sign is positioned in the center of the retention area. The sign does not create a sight
distance problem nor does it interfere with or obstruct pedestrian or vehicular traffic.
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Because of the retention area the sign would need to be completely redesigned if it
were to be relocated to meet the required 5 foot setback.
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In response to a question, staff will investigate which existed first, the sign or the
retention area.
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CDBG Annual Grantee Performance Reoort for 1990/91 - receive public comment (PLD-12)
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The Grantee Performance Report is the principal administrative report documenting the
city's expenditures of Community Development Block Grant (CDBG) funds to the department
of Housing and Urban Development (HUD). It serves as the basis for program monitoring for
compliance and for financial audits. HUD also compiles statistics regarding the effectiveness
and benefits of the program from information contained in these reports.
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All CDBG recipients are required to hold a hearing to receive public comment on the
Grantee Performance Report.
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In response to a question regarding what is trying to be accomplished, Mr. Polatty
stated the owner wishes to sell buildings to individual owners and the Unity of Title would
prohibit the proliferation of signs.
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A question was raised regarding what happens after the hearing. It was indicated a
written report of any public comments is submitted to HUD.
, In response to questions, Mr. Polatty stated the 1980 census was used because details
from the 1990 census were not available when this report was prepared and HUD accepts the
1980 data. Regarding the "Description of Changes in Objectives" section of the Grantee
Performance Report, it was indicated the changes are requested by HUD.
Preliminary Subdivision Plat for The ViIlaCl8 at Countryside/Reolat of Lot 1 - Parcel 4 located
on US19 and Enterprise Road, approx. 300' SE of Countryside Blvd. (Village Office Corp &
Romark Investments, Inc./Dore) (PLD-15)
The applicant is requesting approval of a subdivision and the corresponding replat of
Lot 1 - The Village at Countryside Parcel 4 Replat which includes four office buildings. The
subject property is an existing commercial/office site constructed in 1985 with a commercial
center (CC) zoning district designation.
The owner of the subject property desires to establish multiple ownership of the
existing four office buildings on three lots.
Additional improvements to the existing parcels are not anticipated; however, it is
important to note, under the proposed conditions, the subject property shall be considered as
one with regard to signage.
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The applicants intend to record a Unity of Title to maintain the development as an
integral project under the restrictions of the certified site plan and to not create any
nonconformities. The Unity of Title instrument allows the property to be considered as a
single parcel in meeting development requirements such as parking, setbacks, open space and
minimum lot area. In this use, the property as a whole generally complies with Code
requirements (or is "grandfathered"), but the separate parcels do not individually meet all
applicable requirements. If the parcels were to be subdivided without recordation of a Unity
of Title, the applicants would be required to obtain approval of variances to numerical and
dimensional requirements of the Commercial Center zoning district.
. Preliminary Subdivision Plat for the Reolat of Westchester Lakes Townhomes located at the
NW corner of Sabal Springs Dr. and Countryside Blvd. (Geiger/KistlerHPLD-16)
The applicant is requesting approval of a replat which will also require an amendment
to the certified site plan for the Westchester Lake Townhomes development. Site plan
amendments consist of deleting five parking spaces, adding a four-car garage and revising lot
lines for Lots 67 and 68. This change causes a reduction of one parking space for the site
(which has surplus parking) and no increase in impervious surface. The lot lines were revised
so half of the proposed four-car garage is located within Lot 67 and the other half located
within Lot 68. The garage is proposed to be shared by the two townhomes.
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In response to a question, Mr. Wright indicated any changes to an RPD site plan come
back before the commission. Consensus was to place this item on the consent agenda.
Airoort Authoritv - 1 . aODointmenJ; (eLK-1)
Cynthia Goudeau, City Clerk, stated appointments have previously been made by
obtaining nominations from groups. She indicated when the Airport Authority ordinance was
changed last year, all categories were removed. A subsequent opening on the Authority was
fined when the League of Women voters sent someone to attend the meetings without going
through the normal appointment process. She stated that person was informed the
appointment was not official until it was approved by the Commission.
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In response to questions, Ms. Goudeau indicated Barbara Evans was nominated by the
League. She stated persons expressing an interest in serving on advisory boards have their
names placed on a list and are contacted periodically to verify their continuing interest. Staff
was requested to verify whether or not the list is current.
Res. #92-32 - Oedicatina sidewalk easement at Pierce St. and East Ave. (RES-1)
Staff is to investigate the purpose of the proposed resolution.
City Manager Verbal Reoorts
In reviewing the Commission Policies, the Fire Chief noted GA-6 - Fire Lanes, included
(....'i;t\ a prohibition of special trips by Fire Department personnel to enforce parking violations in fire
,..,.;.! lanes. Special trips are made by Fire Department personnel to cite these violations during
holiday seasons and upon receiving a complaint. Chief Davidson requests the City
Commission amend the policy to delete this prohibition.
Discussion ensued regarding this request. Consensus of the Commission was to
remove this sentence from the policy. Staff will prepare an item to place on the consent
agenda Thursday.
Other Commission Action
Commissioner Regulski expressed concerns regarding receiving phone calls critical of
police response and attitude. The City Manager indicated he will meet with the Chief of Police
regarding this matter and reported that Dr. Skyrme is working with the department to a~dress
some of these issues in the dispatch division. Mr. Wright indicated some of this differential
response will come up at budget time and it was indicated Dr. Skyrme plans to have a report
within 2 months.
Commissioner Regulski also expressed concern regarding not being aware that we
would have money to put in the surplus from last year's budget. Betty Deptula explained the
problems with our current financial package and indicated we are working to correct this.
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Commissioner Barfield questioned whether the Commission wished to support the
Florida League of Cities' push for Local Control of Taxes. Discussion ensued regarding the
pros and cons of-the issue. Consensus was to support. The Mayor is to send a letter.
Commissioner Berfield also questioned a letter from the Coast Guard which indicated
they never turned down the 65 foot high Clearwater Pass Bridge. Bill Baker was requested
to prepare a full report. .
Commissioner Deeaan questioned the response to the Downtown Clearwater
Association's request for different treatment in planters in the downtown street scape. There
was some discussion regarding who would determine what was acceptable. Ms. Rice
reported Ream Wilson is preparing a response.
Commissioner Deegan requested the Commission agenda discussion regarding his
proposal to get community consensus regarding the Downtown Proposal. Consensus was to
put it on the next work session. Ms. Rice is to assemble requested information regarding
what other cities have done.
Commissioner Deegan requested a map that would show all the property the City
owns. The City Manager will be meeting with him on this.
Commissioner Fitzgerald questioned whether the Commission wanted to pursue the
offer of trash receptacles from a radio station. Consensus was not to do so because of their
logo being on the barrels. Ream Wilson is to be notified.
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'.:,,:~1 Commissioner Fitzgerald reported on the County Charter Review and requested
direction from the Commission regarding the proposal that would have County ordinances
prevail over the City's. Consensus was to oppose this change.
Mavor Garvev reported she was contacted by the Italian-American Club which is
requesting the City's help with their Columbus Day Celebration. The Club is to make a
presentation Thursday night.
The meeting adjourned at 1 :56 p.m.
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