05/04/1998 (2)
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WORKSESSION
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CITY COMMISSION WORK SESSION
CITY OF CLEARWATER
May 4, 1998
Present:
Rita Garvey
J. B. Johnson
Robert Clark
Ed Hooper
Karen Seel
Michael J. Roberto
Kathy S. Rice
Pamela K. Akin
Mary K. Diana
Brenda Moses
Mayor/Commissioner
Vice-Mayor/Commissioner
Commissioner
Commissioner
Commissioner
City Manager
Deputy City Manager
City Attorney
Assistant City Clerk
Board Reporter
The meeting was called to order at 9:00 a.m. at City Hall.
The Commission recessed from 9:00 to 9:03 a.m. to meet as the Pension Trustees.
PRESENT A liONS
Motorcycle Program for Police Department
Police Chief Sid Klein presented the Commission with a comprehensive report on the
proposed motorcycle program and implementation plan for the Police Department. He
introduced and thanked Officers'Thomas Stein and Charles Kronan for volunteering for the
program. He noted Officer Stein has been instrumental in bringing this project to its
current status. He thanked the City Commission for their patience, honesty and
professionalism In dealing with this issue, and requested they proceed with the motorcycle
program on a pilot basis. In response to a question, Chief Klein said the Police Department
has codified the strongest regulations possible and they will be strictly enforced.
Guidelines prohibit pursuits and driving at night and in inclement weather. Concerns were
expressed regarding safety issues and statistics that showed a high number of motorcycle
fatalities. Chief Klein requested approval to pursue additional grant funding for motorcycles
during the pilot program. Consensus was to place this item on the Thursday City
Commission meeting agenda.
PUR PURCHASING
Conoco. Inc.. extension of contract for propane gas for resale during award date through
9/30/99, est. $150,000 (GAS)
Regarding the increase in funding for disposal service, it was remarked this is the
first time a request of this type has been necessary due to larger than anticipated disposal
requirements generated from adverse weather conditions.
The City Attorney requested the Conoco, Inc. be pulled due to contract concerns.
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FN FINANCE
Authorize Davment to Donald Swim. Claimant. for settlement of workers' comoensation
indemnitv claim, $87,408.06 lincluding attorney fee & costs)
Claimant, a former Clearwater firefighter, sustained a work-related back injury on
February 9, 1986. The Claimant received a 5% permanent impairment rating entitling him
to workers' compensation inde~nity benefits. The injury also resulted in the Claimant
receiving a work-related disability pension in the amount of $1 A06.84, payable monthly.
At mediation, it was tentatively. agreed to settle only the indemnity portion of the claim for
,$87,408.06, subject to City Commission approval. This proposed settlement will be a sum
of money to be paid to the claimant in addition to the $34,648 the City has already paid on
the claim to date, and it does not affect claimant's entitlement to future medical benefits
should future medical care become necessary. The City's self-insured retention (SIR) on ,
this claim is $100,000. The excess carrier will reimburse the City that part of this
settlement that exceeds the SIR along with whatever future medical costs are incurred by
the City for future medical treatment of the Claimant. If this proposed settlement is
approved, the sum anticipated for initial reimbursement to the City is approximately
$19,624.
, John Marcin, Risk Management, said this item involves a wage loss settlement. In
response to questions, he said everyone involved has been notified of entitlement and
submission requirements. There is no time frame to respond. He believed there is
adequate funding to pay the claim. Medical costs are not part of this settlement. The
City's legal expenses are not reimbursed by the insurance carrier.
Extension to Disclosure Counsel AQreement with Nabors, Giblin & Nickerson. P.A.. to serve
as City's disclosure counsel for a 1 year period IConsent)
As a result of an RFP IRequest for Proposal process in 1995, Nabors, Giblin &
Nickerson, PA. was selected to serve as tho City's disclosure counsel. The initial
agreement was for a period of 3 years, with the option for up to 2 one-year extensions.
This is the first of 2 possible extensions. Fees for this extension are unchanged from the
original contract. Fees for issuing bonds are calculated per $1,000 of bonds. The fee
charged is $1.10 per $1,000 for the first $10 million and $.90 per $1 ,000 above $10
million, with a minimum fee of $5,000., The costs incurred due to bond issuance is paid
from the bond proceeds.
In response to a question, Finance Director Margie Simmons said the City intends to
hire their own disclosure counsel to prepare all documents to disclose pertinent information
to bond buyers.
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PW PUBLIC WORKS
Public Hearin~ - Declare surplus to cltv needs. for ourpose of sellinQ real orooertv Ivin~
southeasterlv of intersection of Drew Street & Mvrtle Avenue, fronting Prospect Street r-o-
w, South ,15' of North 225' of East 210' of West 420' of NWY4 of Sec. 15-29-15, for
minimum bid amount of $6,300
City staff has been contacted and requested to seek Commission approval to
declare the subject parcel, having no street address, surplus to City needs and offer it for
sale in compliance with applicable real property disposition procedures. The parcel is a 1 5
X 210 foot uneconomic remnant lying southeasterly of the intersection of Drew Street and
Myrtle Avenue, fronting Prospect Street right-of-way approximately 180 feet south of
Drew. It is bounded on the north by a parcel being developed as a private school, and on
the south by a 5.6 acre parcel offered for sale and redevelopment. In an appraisal of the
parcel performed for the City or. February 26, 1998, James Millspaugh, MAl, concluded the
value of the City's fee interest in the parcel to be $6,300; and highest and best use of the,
parcel would be to incorporate it into one of the adjacent parcels. The parcel has a current
tax assessed value of $1 0,700. If placed on the tax roll, it would generate current annual
ad valorem tax revenue of approximately $255/ approximately $65 of which would accrue
to the City. City maintenance and other responsibilities of the property would terminate
upon conveyance of City ownership, and sale proceeds would accrue.
In response to a question, the City Attorney said competitive bids have been
received for this property.
It was questioned how much money is in the surplus revenue fund.
Amendment No. 1 to Joint Proiect A~reement with County for utilitv installation bv
roadway contractor for construction of Sunset Point Road, from US 19 to McMullen-Booth
Road, revising method of payment & reducing County CEI costs from 8 % to 5 % (Consent)
On August 7, 1997, the City Commission approved the JPA (Joint Project
Agreement) for Utility Installation by Roadway Contractor for Construction of Sunset Point
Road from US 19 to McMullen-Booth Road. In the interim, Pinellas County has revised the
method of payment for JPAs. The new method requires deposit of funding into a trust
account for the purpose of payments by the County to the Contractor. This is the method
currently used by the Florida Department of Transportation for all JPAs. Interest will
accrue to the account and be available for project costs if needed. Any unused money in
the account, including interest, will be refunded to the City upon completion of the project.
This amendment reduces the County/s construction inspection and engineering cost from
8% to 5%, due to reduced administration. This project will start on or about May 1/ 1998,
and be completed within the contract time of 250 days.
In response to a question, Mr. Gary Johnson, Engineering Project Coordinator, said
the agreement reduces costs by 3 % and reduces paperwork. Full time inspection is
ongoing on the project to ensure construction to standards. A $370,000 deposit is required
by the City.
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CP CENTRAL PERMITTING
The City Manager introduced newly hired Central Permitting Director Lorenzo
Aghemo. Mr. Aghemo said he is pleased to be in Clearwater and excited about the
challenges ahead.
(Cant. from 4/16/98) Variancels) to Sion ReQulations for property located at 235 Windward
PassaQe, Island Estates of Clearwater, Unit 5, Blk D, Lots 1-3 (Quality Boats of Clearwater,
SV98.08)
Senior Planner John Richter said a math error exists on the information regarding
this variance. He will revise the item to reflect a variance of 140 square feet to allow
signs with an area of 204 square feot.
Public Hearino & First Readino Ords. #6266-98 & #6267-98 - land Use Plan Amendment
to Residential Medium & RM-12 Zonino for property located at (proposed) 1484 S.
Greenwood Ave.. Sec. 22-29-15, M&B 32.16 & part of 32.14 (Community Service
Foundation, Inc., LUP98-02, Z98-05)
The applicant Is requesting a zoning change for its properties delineated by M&Bs
32-16 and 32-14 located approximately 180 feet north of the northwest corner of
Woodlawn Street and south Greenwood Avenue. These properties are now vacant. The
applicant is requesting a zoning change in order to allow the construction of 6 apartment
units for Clearwater low income residents. It would also allow the applicant to donate
10,871 square feet of the south portion of these properties to the City for the construction
of a Neighborhood Family Center and a Police Substation. According to the applicant,
$385,000 in SHIP (State Housing Incentive Program) funds has already been approved for
the construction of these facilities.
The subject lots are presently zoned Multiple Family Residential "Eight" (RM.8) with
a compatible land use plan classification of Residential Urban. The RM.1 2 zoning district is
proposed in order to allow the proposed density. The Future Land Use Plan Classification
of Residential Urban will be changed to Residential Medium to conform with the proposed
zoning district, and compatible with the County-wide Future land Use Plan Classification
on adjoining properties to the north of the subject lots. The proposed land Use Plan
Amendment will not have any significant impact on the services in the area.
The total land area for the subject site is 22,652.2 square feet, which is under one
acre and less than the minimum 4 acres required to establish a new Multiple Family
Residential "Twelve" District. While the site is under 4 acres, the proposed rezoning will
be an extension to a predominantly residential RM-12 zoned neighborhood. Therefore, the
request to rezone these lots to RM-1 2 would be consistent with the adjoining land use
pattern to the north, and compatible with the existing contiguous RM-1 2 zoning district.
The proposed facilities when completed will serve a public interest. The construction of
the proposed apartment units for the low income residents will contribute to the reduction
of housing needs for this group of Clearwater residents.
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In response to a question, Central Permitting Manager Sandy Glatthorn said she will
provide the Planning & Zoning Board's recommendation at Thursday's meeting.
In response to questions, Deputy City Manager Rice will find out if the units will be
on the tax rolls and if the City is funding the total project through SHIP. It was noted these
are housing units for low-income residents.
A suggestion was made to invite the Community Service Foundation to a future
meeting to give a presentation regarding their organization's function.
Public Hearina & First Readlna Ords. #6268-98 & #6269-98 - land Use Plan Amendment
to Office General & OG Zonina for property located at 1384 Pierce St.,t. Sec. 15-29-15,
M&B 14.01 (P.B. Horizon, Inc., lUP98-03, Z98~06)
The applicant is requesting a zoning change for the property (M&B 14/01) located at
'the northwest corner of Pierce Street and Hillcrest Avenue. According to the application,
the subject property historically has been used for general commercial/office use. That use
has not changed. However, the property is zoned Multiple Family ResidentialllTwelve"
(RM-12). The applicant is requesting a zoning change to General Office (OG) in order to
bring the existing use into conformity with a permitted zoning district. The Future land
Use Plan Classification of Residential Medium will be changed to Office General to conform
with the proposed zoning district. The proposed land Use Plan Amendment will not have
any significant impact on the services in the area. The applicant maintains that it would be
a significant hardship and economically unfeasible for the property to be converted to a
residential use. The application further indicates the structure located on the property was
originally permitted as an office building and had not been put to any other use. Staff has
no reason to dispute this assertion. The total land area for the subject site is 9,583.2
square feet which is under one acre. Four (4) acres or more are required to establish a new
Office General District. Although this property is under 4 acres, staff is in support of this
rezoning due to the property's proximity to General Commercial zoning district and the
nonresidential style of the construction of the existing building on the property. Therefore,
the request to rezone this property to OG would be consistent with the adjoining land use
pattern to the north and east, and compatible with the existing contiguous CG zoning
district.
In response to a question, Ms. Glatthorn said the request is for an office use. In the
1950's the property was used as an office. When the entire City was rezoned in the
1980's, it was rezoned to Multiple Family with properties to the west. It remained as an
office use for years, and within the last few years became vacant. It then lost its
grandfathered status. An office development currently exists on the property. To the west
is residential property and to the east along Gulf-to-Bay Boulevard is commercial property.
This rezoning does not encourage residential properties. The OG zoning does not allow
retail use, only office use. CG designations allow restaurants, bars, and retail
establishments.
A question was raised if the current footprint would work in Ol (limited office).
Staff will research for Thursday night.
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Public Hearino & First Readina Ords. #6270-98 & #6271M98 M land Use Plan Amendment
to Residential Office General & Ol Zonina for property located at 1261 M 1283 lakeview Ad"
Cleveland Grove, Blk 7, lots 62-64 and Boylan Sub., lots 1-3 (Harry Free, TRE I Valeri
Hofmeister, TRE I Merle Blasjo, TRE, LUP98.04, Z9S-07)
The applicants are requesting a zoning change for lots 62 - 64, Block 7, in
Cleveland Grove and lots 1 - 3 in Boyland Subdivison generally located at the southwest
corner of Boylan Avenue and lakeview Aoad. These lots are now vacant. The applicants
are requesting a zoning change from Multiple Family Aesidential "Eight" (AM-S) and Single
Family Residential "Six" (AS-6) to Limited Office (Ol) district in order to develop these
properties into office type use. The Future land Use Plan Classification of Residential
Urban will be changed to Residential/Office General to conform with the proposed zoning
district, and compatible with the Countywide Future land Use Plan Classification on
adjoining properties to the west of the subject lots. The proposed land Use Plan
Amendment will not have any significant impact on the services in the area. The total land
area for the subject site is 32,234.4 square feet which is under one acre and less than the
minimum 4 acres required to establish a new Ol District. However, the proposed rezoning
would be an extension into the existing OL zoning district to the west of the subject site.
It will also result in consolidating this land corridor into one compatible zoning district and
land use plan classification. The request to rezone these properties to Ol would be
consistent with the adjoining land use pattern to the west and compatible with the existing
contiguous Ol zoning district. It will also eliminate zoning fragmentation which has
characterized this area.
In response to a remark, Ms. Glatthorn said neighborhoods would prefer office
zoning on this site.
ClK CITY ClEAK
Neiahborhood & Affordable Housina Advisorv Board - 4 appointments
This item was pulled from Thursday night's agenda to obtain additional applicants.
Concern was expressed a financial disclosure form is not required to be submitted by this
board.
In response to a question, City Clerk Cyndie Goudeau said the State determines
which advisory boards are required to file financial disclosure forms. In the past, the City
has abided by the State's decision. The City Attorney said advisory boards can be required
to file City disclosure forms.
St. Petersbura/Clearwater Economic Development Council ~ Reappoint Mr. Evans (Consent)
It was questioned if Mr. Evans is a resident of the City. His business is not within
the City limits. It was preferred to appoint someone who has a financial stake in the City
or who is a resident of the City.
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CA LEGAL DEPARTMENT
First Reading Ordinances
Ord. #6281-98 - Relating to Firefighters Supplemental Trust Fund; amending Ch. 2, Div. 4,
Firefighters Pension Plans, Subdivision III, Supplementary Pension and Retirement Plan,
Sees. 2.441 through 2.450
In response to a question, the City Attorney said the ordinance will bring the plan
into compliance with the tax code to become a qualified plan. Current pending legislation
and benefits will not be affected.
In response to a question, Commissioner Hooper said if vested, additional and
supplemental retirement and termination benefits are received by firefighters who are fired.
Ord. #6287-98 - Relating to fortune telling, etc., repealing Sec. 21.04 to delete prohibition
of fortune telling, phrenology, palmistry, astrology, clairvoyance, divine healing & mental
healing
Recently, the Clearwater Central Permitting Department referred 2 persons to the
Assistant City Attorney who had been denied occupational licenses. One person wanted to
engage in the business of telling fortunes; the other, preparing astrological charts. Central
Permitting denied the Issuance of the licenses based on Section 21 .04, Code of
Clearwater, which makes it unlawful for any person to do business as a fortuneteller,
phrenologist, palmist, astrologer, character reader, clairvoyant, divine healer, or mental
healer for hire in the City.
Similar ordinances have been held to be an unconstitutional violation of a person's
right of free expression. The courts have declared ordinances similar to Clearwater
unconstitutional for the following reasons. Fortune telling and astrology involve the
communication of a message directly from the fortune teller or astrology to the recipient.
Consequently, the activity is a form of speech. Second, the activity is considered
noncommercial speech for a profit rather than commercial speech, which is speech
proposing nothing more than a commercial transaction and involving a solicitation of sales
or advertising. The act of telling fortunes or reading astrological charts, however, goes
beyond the mere proposal of a commercial transaction. It involves the exchange of
information. The significance of the commercial-noncommercial speech distinction is that
noncommercial speech can be prohibited only if the government has a compelling interest
and if the regulation is the lease restrictive means to serve that interest. The compelling
interest typically advanced by local government is that fortune telling and astrology are
inherently deceptive and should be prohibited to protect the gullible.
Recent court decisions, however, have rejected that interest as less than
compelling. The reason is that under the First Amendment, the truth or falsity of
noncommercial speech must be determined in the marketplace of ideas rather than by a
governmental censor. Moreover, courts have been determined that blanket prohibitions
against fortune telling and astrology area not narrowly drawn to serve the governmental
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Interest of preventing fraud because less drastic methods exist to promote that interest
such as state laws prohibiting fraud. For example, Section 812.014, Florida Statutes,
makes it unlawful for a person to knowingly obtain anything of value by fraud, by willful
misrepresentution of a future act, or by false promise.
In response to questions, the City Attorney said this issue came up due to a permit
request. She believed these type businesses are not currently limited through zoning.
Concern was expressed in limiting these businesses without establishment of an adverse
secondary impact. Conditional uses can be reviewed on a individual basis.
It was noted a number of these businesses are opening in other cities.
In response to a question, it was indicated these type businesses are not covered
'under the Department of Regulations; however, churches, psychiatrists, acupuncturists,
etc. are.
It was noted many churches have divine healing and mental healing.
Discussion ensued regarding churches not being restricted by the current code and it
was indicated the new code may look at churches operating in commercial areas.
This item was pulled from Thursday night's agenda and will be brought back at a
later date.
OTHER CITY ATTORNEY ITEMS
Reauest for attornev/client session re Lois Maroon v. City
The City Attorney requested two attorney/client sessions regarding Lois Maroon v.
City and Gilford v. City be scheduled for May 18, 1998, at 9:00 a.m. Consensus was to
schedule.
Discussion - Transit Shelter Ordinance
The City Attorney said this item is for discussion only. A preliminary draft of the
ordinance has been given to the Commission. Public input will be received at Thursday's
City Commission meeting and prior to adoption. She noted Mr. Charlie Siemon will give an
overview of the status of the transit shelter ordinance and proposed settlement. A request
was made for the number of shelters currently existing in the City owned by Eller Media
and PST A.
The City is hoping to have the transit shelters add value and distinction to the
surrounding area. Where the transit shelter is erected within an area designated as a
corridor plan requirements are specified.
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Discussion ensued regarding the placement of the shelters. In response to a
question, the City Attorney said there may be some Eller transit shelters that do not
contain advertising.
In response to a question, the City Attorney said no specific limitation on transit
shelters has been determined. It is anticipated a specific number will be agreed upon after
completion of the survey. A limitation on the number of shelters with advertising was
suggested.
Concern was expressed in locating shelters in single family residential districts. It
was requested the Commission have the discretion to decide if shelters can be constructed
within 1,000 feet of single family residences.
In response to a question, the City Attorney believed PST A determines the
placement of shelters in locations and are required to obtain a City permit prior to
construction. Currently there is no limitation on the number of shelters that can be built.
Information was requested regarding what the City has spent to date in legal fees
regarding Eller Media. A question was raised regarding what control the City has over the
shelters being permitted.,
City Manager Verbal Reports
The City Manager noted today is Deputy City Manger Kathy Rice's last meeting.
She is leaving to accept a position as City Manager of Waco, Texas.
Ms. Rice said she has had a wonderful 9 years with the City. She has enjoyed
working with the City Commission. She has seen Clearwater's reputation grow over the
years. She invited everyone to visit her in Waco.
Commission Discussion Items
Mavor Garvev thanked Ms. Rice for her efforts over the years. She appreciated Ms.
Rice's "getting things done,"
Commissioner Clark said Ms. Rice is a task, free spirit person and he echoed the
Mayor's sentiment.
Commissioner Clark noted the public hearings regarding the LINKS project have been
canceled.
Commissioner Clark complimented Harbormaster Bill Held for his efforts on the new
sign at the Clearwater Marina.
Commissioner Hooper thanked everyone involved with the Clearwater Airpark's
open house and Fun 'n Sun festivities on Saturday.
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, ,Commissioner HooDer said it has been a pleasure to work with Ms. Rice and wished
her well and said he will miss her.
, Commissioner Johnson suggested the Commission consider reduction of parking
tickets if paid within a 24 hour time period. He requested information regarding what
percentage the City receives from the tickets.
, Commissioner Johnson strongly recommended the City endeavor to take over the
Courtney Campbell Causeway beach. He expressed concern regarding parking, jet skis,
and other dangerous problems at that location.
Commissioner Johnson commended Clearwater Gas System Managing Director
Chuck Warrington for the fine report he gave.
Commissioner Seel said she will miss Ms. Rice. She thanked her for her
thoroughness, attention to detail, and for always "getting the answers".
. Commissioner Seel thanked Parks and Recreation and all who participated in Fun N
Sun promotions. She said there were record crowds Saturday.
Commissioner Seel said the Commission received a lener regarding traffic flow. The
City is in the process of revising traffic timing with the County.
Mavor Garvev' requested the Commission begin thinking about a place to display and
store all the gifts that come through the Commission's office. Ruth Eckerd Hall displays
such items on a rotating basis. She suggested building a historical museum near the
historic Plumb House.
The meeting adjourned at 10:44 a.m.
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