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WORKSESSION
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CITY COMMISSION WORK SESSION
CITY OF CLEARWATER
May 18, 1 998
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Present:
Rita Garvey
Ed Hooper
J. B. Johnson
Robert.Clark
Karen Seel
Michael J. Roberto
Bob Keller
Richard L. Hedrick
Pamela K. Akin
Cynthia E. Goudeau
Brenda Moses
Mayor/Commissioner
Vice~Mayor /Commissioner
Commissioner
Commissioner
Commissioner
City Manager
Assistant City Manager (arrived 10:50'a.m.)
Assistant City Manager (arrived 10:50 a.m.)
City Attorney
City Clerk
Board Reporter
The meeting was called to order at 9:00 a.m. at City Hall.
Seven service awards were presented to City employees.
The Commission recessed from 9:08 to 10: 18 a.m. for a closed attorney/client
session.
PRESENTATIONS
Robert Stern - Ubrarv DesiQn Architect
The City has received 6 RFQs (Request for Qualifications) from 6 architects, which
were shorNisted 3 firms, based upon library design experience, team resumes, and
responsiveness to the RFQ. The 3 teams gave presentations to the 'City selection team and
representatives of the Library Board, Library Foundation, and Library Friends. Final
selection criteria included architectural style, functionality, site selection, budgetary
considerations, style, flexibility, and community/staff involvement.
Robert A. M. Stern is an internationally recognized design architect, best known in
this area as the master planner of Celebration, Disney's new city near Orlando, and many
other notable projects. He hosted the PBS architectural series called "Pride of Place" and
has authored many architectural books and articles. Mr. Stern is professor of architecture
at Columbia Universityand was referred to as "New York's most prolific practitioner" by
New York magazine. He also serves on Disney's Board of Directors and frequently comes
to Florida. He will be working with Jonathan Tope, principal in the local architectural firm
of Harvard Jolly Clees Tappe. Harvard Jolly is Tampa Bay's oldest and largest architectural
firm, established in 1938, and is among the 5 largest In Florida. They have served as
architects for many area public libraries, including Orlando, Dunedin, Gulfport, Seminole, St.
Petershurg Mirror Lake, Tampa Regional, Plant City, Temple Terrace, and the USF-Sarasota
Campus Library. Other members of the construction team are Northside Engineering
Services, Clearwater (civil engineers), McCarty and Associates, Clearwater (structural
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, engineers), Tilden Lobnitz Cooper, Tampa (mechanical and electrical engineers), Fisher
Marantz Renfro Stone, New York (lighting design), and Shen Milsom & Willke, New York
(telecommunications/ audio~visual, and acoustical consulting). The selection team
consisted of Rick Hedrick, Arlita Hallam, Margie Simmons, RIch Baier, George McKibben,
Library Board (one vote from Christine Morris, Tom Leavy, Estelle Dunn), Library Friends
(one vote from Judy Melges), and Library Foundation (one vote from Judith Moroff, Tony
Bacon, and Julie Lewisl.
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Jonathan Tappe, Harvard Jolly Clees Tappe, introduced the design team for the
project and gave examples of his architectural work. He said readership has improved
when architectural improvements were made, or new library buildings constructed, on
library buildings he has designed.
Robert A. M. Stern, Design Architect, presented examples of his work.
LIB LIBRARY
Aporove rankinQ of 1) Harvard Jol/v Clees TooDe Architects: 2) Paul A. Gowan Architects:
& 31 Gee & Jenson Architects and authorize negotiation of an agreement for architectural
design services & site selection assistance for the new Clearwater Main Library (Consent)
In response to questions, Mr. Toppe said the firms listed on the presentation sheet
are consultants that will work with his firm regarding the design. They are not contractors:
The library costs per square foot reflects cost of construction only.
.) In response to a question, the City Manager said the City's tirst priority is selection
of a site for the library. Once that has been determined, and Penny for Pinel/as projects
prioritized, fees and construction costs will be determined for each phase of the
construction process. Concern was expressed regarding a pre-determined budget for the
overall project.
PUR PURCHASING
Declare five Pitney Bowes items surolus to Cit" needs: authorize disposal throuoh sale to
hiQhest bidder
Regarding the Pitney Bowes surplus items, Purchasing Manager George McKibben
said Information Management has determined that the service should be outsourced and
the equipment is no longer needed.
FD FIRE
Contractual Services AQreement with Pinel/as Countv to assist in development of a "Local
MftiaatJon StrateQv" (Consent)
As part of a Statewide Mitigation Strategy Project Pinellas County (contractor) ;s
entering into contractual agreements with 24 Pinellas County entities (subcontractor). This
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will coordinate the formulation of an Emergency Management workgroup for Pinellas
County in order to achieve a single, unified Local Mitigation Strategy. This Local Mitigation
Strategy and the identification and prioritization of Hazard Mitigation Grant Program.
projects will ultimately become part of a Statewide Hazard Mitigation Strategy. tn return
for the City's participation in the workgroup, the County agrees to award the City a
$50,000 grant divided over 4 contract periods. Payment is dependent upon completion of
activities identified in the scope of work within each established time frame: 1) first
contract period - deliverables due by May 22, 1998; $10,000; 2) second contract period -
deliverables due by September 15, 1998 - $10,000; 3) third contract period - deliverables
due by March 15, 1999 - $20,000; and 4) fourth contract period - deliverables due by July
1, 1999 - $10,000. The fourth contract period will require the City to agree, by resolution,
to the final Local Mitigation Strategy as a compiled document to be submitted to the Board
of County Commissioners for formal adoption. The agreement is to comment upon
execution by both parties and shall end August 31, 1999.
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In response to questions, Fire Chief Rowland Herald said this will not be an
unfunded mandate. The purpose is to develop a prioritization and strategy to address
disaster prone areas, identify hazards and vulnerabilities that may exist in Pinellas County.
An example given was an area that may be prone to flooding or wind damage.
FN FINANCE
Aareement with First Union Capital Markets to serve as City's financial advisor for a 3 vear
period (Consent)
As a result of a RFP (Request for Proposal) process, First Union Capital Markets was
selected as the firm whose proposal is most responsive and is in the best interests of the
City. This agreement is for a period of 3 years, with the option for up to 2 one.year
extensions. The Financial Advisory assists the City with various financial issues including
the issuance of bonds and other financial matters requiring additional expertise or
resources. Fees for bond issues are based upon the amount of bonds issued. The fee for a
$10 million issue would be $25,000. A $25 million issue would generate a fee of
$30,000. The costs incurred due to bond issuance is paid from the bond proceeds. Costs
incurred unrelated to bond issuance will be charged to an appropriate expense code. The
City has been working with First Union Capital Markets since July 23, 1997, and has been
very satisfied with ~he services provided.
. In response to a question, Finance Director Margie Simmons said this item went out
to bid again. The consultant the City was working with has terminated his employment
with Raymond James.
First Readina Ord. #6288-98 ~ relatina to telecommunication services and taxation;
amending Sees. 29.72, 29.73, 29.74, and 29.76, and adding new Sec. 29.77, to bring
City code into compliance with state statutes
Florida Statutes 166, Municipal Public Service Tax was recently amended. These
amendments require changes to Article III Public Service Tax section of the Clearwater
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Code of Ordinance. Major changes to the City's ordinance include: 1} change tax due date
from the 15th of the month to the 20th of the month; 2) add Section 29.77 Administrative
provisions; rights and remedies; 3) provides for penfllties to be assessed for late payment
and nonpayment of taxes due: 4) defines retention periods for records kept by businesses
which establish the collection and remittance of taxes due; and 5) requires the City to
make available a database for all addresses in the City's jurisdiction. This database will be
available to all providers. The database will also be maintained and available from the
City's home page on the Internet.
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In response to questions, Cash and Investment Manager Steve Moskum said the
City tracks business tax payments via a computer database and spreadsheet. The Internal
Audit Department audits this activity.
GS GENERAL SERVICES
Purchase of one 1998 Ford Taurus (reolacement). Don Reid Ford. $16.045 (Consent)
Unit G1365 was destroyed in an accident in March 1998. A replacement vehicle is
available an a State contract from Don Reid Ford of Maitland Florida. Funding in the
amount of $9,125 in insurance proceeds have been realized in the Garage Fund. Mid.year
budget adjustments to the Garage Fund will recognize these revenues and the offsetting
operating transfer of $9,125 to Capital Project 315-94222-5641 00-590~000, Motorized
Equipment-Cash, to offset the cost of the replacement vehicle. The balance of $6,920 is
available in Capital Project 31 5-94222-564100-590-000 for this purchase.
In response to a question, the City Attorney said the City is self-insured and
employees are not required to pay costs associated with accidents.
PR PARKS AND RECREA nON
Amendment to Aoreement with School Board of Pinel1as Countv, authorizing City to donate
$40,000 to assist in construction of restroom facilities at Countryside High School
(Consent)
The current Agreement began September 1, 1990, and allows City programs,
primarily Countryside Little League and Countryside Youth Soccer Association use of
Countryside High School athletic facilities, and allows the City to assist in making
improvements to the facilities. The amendment will provide $40,000 of City funds to
assist the School in construction of a permanent restroom facility that will be used for City
and School programs. The School will coordinate the construction project, providing
ongoing cleaning and maintenance, and pay all utility costs. Various Countryside High
School clubs, neighborhood service clubs, and individuals are collectively donating an
additional $40,000 of in-kind services and funds to complete this project.
It was requested the verbiage regarding this item be changed from "donate" to
"contribute" .
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In response to a question, Assistant Parks and Recreation Director Art Kader said
. the City has done similar projects, such as installation of the Countryside baseball fields.
The City is allowing the School Board and other organizations to build and maintain various
facilities, and pay for ongoing cleaning, maintenance, and utility costs that the City will not
have to pay. Concern was expressed that the City should not be assisting the School
Board. It was explained the City gets a lot of use from this joint usage facility.
In response to a question, Mr. Kader said there is a substantial number of
nonresidents paying for use of the baseball fields. He will supply specifics to the
Commission.
PW PUBLIC WORKS
Public Hearina & First Readina Ord. #6259-98 - Vacatino 5' utility easement IvlnQ alonQ
south side of Lot 9. Blk 27. M andalav Sub.. and City's request to vacate remaining 5'
utility easement along south side of Blk 27 (Cronin, V98.04)
The applicant is requesting to vacate the 5-foot Utility Easement lying along the
south side of Lot 9, Block 27, Mandalay Subdivision and addressed as 30 Acacia Street.
There is an existing 2-story building constructed in 1956 that encroaches into the
easement. City review procedures currently prohibit this from occurring. The City has no
existing utilities located within the easement. Florida Power, GTE, GTE Media Ventures,
and Time Warner Cable have no objections to vacating the easement. Public Works
Administration has no objection to this vacation request and is requesting the entire
easement be vacated due to encroachments within the easement and to eliminate any
possible future vacation requests for this area.
In response to a question, the City Manager said such requests become necessary
when it involves the sale or exchange of property.
Contract for 1998 Street Resurfacing to Couch Construction, L.P., $1,273,493.42
The City's annual street resurfacing program is designed to restore the roadway
wearing surface, provide a protective coating, and maintain the structural integrity of the
road substructure throughout the City street system. The work consists of utility
adjustments, asphalt milling, asphalt patching, miscellaneous curb, and street and drainage
work. The streets scheduled for resurfacing in this contract have all been determined to
warrant their inclusion by virtue of an inspection and prioritization process performed by
Public Works staff. The number and length of streets involved in any resurfacing contract
is limited by the amount of the annual funds to be expended at any given time. The Parks
Department has included Cliff Stephens Park, and the Solid Waste Department has included
the Transfer Station Staging area as part of this contract. A pre-construction conference
will be held immediately following the execution of contract documents. The contract time.
schedule will begin sometime during the month of June 1998. The contract period is for
180 calendar days.
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CP CENTRAL PERMITTING
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Public Works Administrator Rich Baier will confirm current fiscal year costs. In
r~sponse to a questio"n, he said costs are slightly higher this year due to the inclusion of
open-cut streets at the beach, Island Estates, North Greenwood, and in downtown.
Variance(sl to Sion Reoulations for propertv (Gateway 2000 Country Store) located at
26034 US19N. Darryl's Sub., unplatted Lot 1 less road (Danielson, Ltd, SV98-09)
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Conditions do not support approval of the requested variances: 1) the variances are
extensive and are more than 11 times the code allowance; ratio variances are more than 8
times code allowance; 2) the City does not object to the use of symbols, trademarks, or
graphics to identify businesses. The use of such markings, however, should be
incorporated into, and made a part of, the allowable sign area; and 3) approval of these
variances will detract from the appearance of this major roadway intersection. Five (5)
. variances are requested to allow the building on this property to remain painted with a
pattern consisting of black and white spots: 1) a variance of 1,348.5 square feet of
attached sign area to allow 1,479 square feet where a maximum area of 130.5 square feet
is permitted for the Enterprise Road frontage; 2) a variance of 2,600.5 square feet of
attached sign area to allow 2,731 square feet where a maximum are of 130.5 square feet
is permitted for the US 19 frontage; 31 a sign area ratio variance of 15.5 square feet per
foot of building width to allow a sign area ratio of 17 square feet per foot of width for the
north wall; 4) a sign area ratio variance of 11.8 square feet per foot of building width to
allow a sign area ratio of 13.3 square feet per foot of width for the east wall, and 51 a sign
area ratio variance of 15.5 square feet per foot of building width to allow a sign area ratio
of 17 square feet per foot of width for the south wall.
Senior Planner John Richter said the applicant is requesting a continuance.
In response to a question, the City Attorney said the City maintains a good position
to avoid litigation regarding sign variance requests.
Concern was expressed regarding requesting a business to change their trademark
colors. The City Manager noted there is a point of distinction between architectural design
versus a sign.
In response to a question, the City Attorney said the three dimensional cattle
statues at 18409 US 19 wine moved and are no longer visible from the street.
The Commission recessed from 11 :00 to 11 :14 a.m. to meet as the Community
Redevelopment Agency.
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Public Hearino & First Readino Ords. #6273-98 & #6274-98 - Land Use Plan Amendment
to Resort Facility High & CPO Zoning for property located at 1941 Edgewater Dr"
Sunnydale Sub., Lots 39-41 (Raman ahula, LUP97-06, Z97-06)
The applicants are planning to redevelop this 1.25 acre property with a new 50 unit
Comfort Inn Hotel. According to the applicant, a minimum of 50 units is required by the
franchise agreement of the Comfort Inn Hotel chain. There is an existing 20 unit motel and
caretaker's residence. The motel portion of the property is currently zoned CR24 and the
residence is zoned RS8. The current zoning permits a motel/hotel at a density of 35 units
per acre. the planned development (CPO) zoning will permit the 50 unit motel at a density.
of 40 units per acre. The single family residence on the east side of the site will remain as
the caretaker's residence. The assessed value of the property is $625,900.
Senior Planner Sandy Glatthorn will confirm the maximum allowable height.
In response to a question, the City Attorney said although the Planning & Zoning
Board approved this zoning request approximately 9 months ago, extenuating
circumstances prevented the matter from being presented to the Commission.
Receiot/Referral - LDCA re transit shelters and transit shelter skins (Consent)
The City negotiated a settlement with Eller Media which provided that the City will
consider and adopt an ordinance relating to transit shelters and transit shelter signs. The
ordinance provides the following: 1) requires that shelters be spaced 1,000 feet apart from
other shelters located on the same side of the street; 2) allows shelters in commercial,
office or industrial zoning districts or on PST A routes adjacent to hospitals, schools, or
other permitted nonresidential uses in multifamily residential zoning districts; and 3) allows
back-lit signs on the "downstream" end wall of the shelter, and limits the area of the sign
to 24 square feet.
In response to a question, the City Attorney said unless the Commission specifically
directs staff to insert a required limitation on transit shelters, no changes will be made. It
was noted this ordinance only addresses transit shelters with advertising. Discussion
ensued regarding incorporating a limitation of the number of allowable transit shelters with
and without advertising. A report will be supplied to the Commission regarding the number
of shelters and specific shelter locations.
Receiot/Referral - LDCA to allow FOOT to siQn applications for variances. conditional uses..
and site plan reviews associated with Eminent Domain Takings of land for road
improvements (Consent)
The FDOT (Florida Department of Transportation) is requesting a revision to the LDC
(Land Development Code) to allow the FOOT to sign for applications for any variances,
conditional uses, and site plan reviews associated with takings of land for road
improvements. This will allow the FDOT to proceed smoothly and quickly at this time with
the necessary takings of land for roadway improvements along US Highway 19. Staff has
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prepared an ordinance for review by the City Commission. Staff recommends that the
ordinance go forward prior to the adoption of a new LDC due to the urgency of this request
by FOOT.
Discussion ensued regarding the City's authority to approve or disapprove variances.
This ordinance will give the FOOT the authority to sign variance applications without the
property owner's approval.
Deskm Review Board - 2 appointments
The City Manager requested these appointments be continued to the next meeting.
PlanninQ and Zonino Board - 1 appointment
The City Manage,r requested these appointments be continued to the next meeting.
OTHER CITY ATTORNEY ITEMS
Discussion - skateboard ordinance
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The ordinance is designed to ensure that skateboarders, roller skaters, and in-line
skaters conduct themselves responsibly. The ordinance is also designed to ensure that
skateboarders, roller skaters and in-line skaters Bre excluded from areas that are
incompatible with such activities.
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City Attorney Pam Akin said the ordinance will prohibit skateboarders, roller skaters,
and in-line skaters on specified public or private property where posted. It is intended to
address this activity on planters, steps, ramps, and other areas. In response to a question,
she said the ordinance allows persons parking in public parking lots to skate from their
parked vehicles to the sidewalk.
It was remarked signage does not seem to address this issue. The City Attorney
said posting properties will allow for enforcement of the ordinance. It was requested staff
research .St. Petersburg's success of their skateboard ordinance. It was questioned if the
City can allocate fines to a specific fund, rather than the General Fund.
Discussion - solicitation in riohts of wav
This item will be discussed at the next meeting.
City Manager Verbal Reports
The City Manager said the Pennies for Pinellas meeting had been postponed due to
scheduling conflicts. A new date will be determined.
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Presentation(s) for Thursday Night
(con.t. from 5/7/9B) orooosed chanoes to FEMA rules
. . . ,The City Manager said the Commission will be updated on this issue at the
Thursday meeting.
Other Commission Action
Commissioner Hoooer said the NCAA Women's Regional Softball Tournament he
attended was well~run.
Commissioner Johnson said the Tampa Bay R~gional Planning Council is attempting
to publish a directory of organizations. He requested the Commission complete a form
. listing any organizations with which they are affiliated that have more than 1 location.
Commissioner Johnson thanked the Mayor for her letter requesting the Pension Bill
be vetoed:
Mavor Garvev questioned if outdoor hot dog stands are illegal in Clearwater. The
City Attorney said that type of business must comply with local zoning laws. She said the
County Health Department requires such businesses comply with regulations regarding
, food preparation. The Mayor requested more information on laws regulating such
businesses.
Adjourn
The meeting adjourned .at 11 :41 a.m.
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