02/04/1991 CITY COMMISSION WORK SESSION
February 4, 1991
The City Commission of the City of Clearwater met at City Hall with the following members present:
Rita Garvey Mayor/Commissioner
Richard Fitzgerald Vice-Mayor/Commissioner
Lee Regulski Commissioner
Sue Berfield Commissioner
William Nunamaker Commissioner (Arrived 10:45 a.m.)
Also present were:
Ron H. Rabun City Manager
M. A. Galbraith, Jr. City Attorney
Cynthia E. Goudeau City Clerk
The Mayor called the meeting to order at 9:11 a.m. and the following items were discussed:
One employee service pin was awarded.
Discussion with the Budget Advisory Committee (WSO)
Budget Advisory Committee Chairman, Bob Shermer stated they are looking for direction from the City Commission. He stated the Committee hopes to be able to find ways to improve the
effectiveness and efficiency of the City.
Discussion ensued regarding what the Commission is expecting from the Committee. It was stated they are not asking the Committee to look at line item budgets but rather to do in-depth
study of programs to determine whether or not they are still needed, whether or not there is a more efficient, effective way for that program to be administered, etc. In the budget
procedure this year, there are already plans to look in-depth at programs in the Police, Parks and Recreation and Administrative Services Departments.
General Consensus of the Commission was the Committee should direct its studies to these departments in an effort to assist in the preparation of the 91/92 budget. Visits and gathering
information from these departments will be coordinated through Betty Deptula, Administrative Services Director. It was also stated the Committee could look at ways in which to improve
the overall budget process.
Contracts for the purchase of Police Department Uniforms to Harrison Uniform Company, St. Petersburg, FL, for an estimated $58,000.00 and to Martin's Uniforms, Tampa, FL, for an estimated
$30,000.00 (PD)
The bid included the individual unit price on 22 items. The police department requested samples of specific items to assist in the evaluation process. Shirts, trousers and jackets
were evaluated by members of the patrol and service divisions and the purchasing manager during a meeting with selected vendors. Low bid prevailed with the exception of leather keepers,
all long sleeve shirts and dacron cotton trousers which were awarded based on quality, tailoring and appearance. It is recommended the leather keepers stay with the current supplier,
Harrison Uniform while the long sleeve shirts and dacron cotton trousers are recommended be awarded to Martin's Uniforms.
A question was asked regarding how often the uniforms are replaced and Lieutenant Egger responded they are replaced on fair wear and tear and have a
normal life span of 2 to 4 years. It was also indicated that in order to get new uniform components, they must turn in the old item.
Agreements with the Golden Cougar Boosters, Inc. and the Clearwater High School Band Boosters, Inc. for parking of automobiles at this year's spring training season of the Philadelphia
Phillies (PR)
The band boosters of Clearwater High School and Countryside High School have been parking automobiles at Jack Russell Stadium for spring training games for many years. There will be
15 games scheduled this spring with Clearwater High School parking cars for the first 8 games and Countryside High School parking cars for the final 7. As in previous years, the band
boosters will collect the parking fees and after paying State's sales tax will retain 60% while remitting 40% of the revenue to the City. The City's share for the 1991 season is estimated
at $10,000.00.
The proposed agreement is identical to those in past seasons except the parking fee has been increased from $1.50 to $2.00. This increase has been approved by the Phillies and should
result in cars being parked more rapidly since less change will have to be made. Changes being made in paragraph four will allow the boosters to park the cars without tickets. This
too, will assist in parking the cars more quickly.
A question was raised regarding the increase in the fee and it was indicated there have been some problems with making change slowing down the parking of cars but also people parking
in other lots are paying $3.00 to $4.00. This will increase revenues to both the boosters and the City.
A question was raised regarding whether or not season tickets had been sold at the $1.50 parking rate and it was indicated the $2.00 fee had been charged.
A concern was expressed regarding one school getting more games than another and it was explained they alternate years.
Vacating 16' east-west alley lying N of Lot B, Bergens Replat and easterly 1/3 of Lot 2, and the westerly 1/3 of Lot 3, Blk 2, Jones' Sub. of Nicholson's Addn. to Clearwater Harbor,
together with a 15' north-south alley lying along the W 15' of the original boundary of Lots A and B, Bergens Replat (Salvation Army V90-14)(PW)
The applicant is requesting the vacation in order to construct a new parking lot which will include the land now occupied by the two alleys. The Public Works Director believes the
east-west alley should not be vacated because it does represent a traffic option which if it were lost to the public would create a longer route of travel for the citizens adjacent to
Osceola Avenue between Jones Street and the alley in question.
Bill Baker, Public Works Director stated the Salvation Army feels strongly they need this alley and they are proposing to provide an access easement across their parking lot which would
provide the traffic option that the Public Works Director desires.
Concern was expressed regarding people not realizing that this is an access and whether or not public purpose would be served by vacating the alley.
Public Hearing & First Reading Ord. #5077-91 - Vacating westerly 8' of the 25' drainage and utility easement lying along the easterly line of Lot 1, Blk J, Brookhill Unit II (Bailey
V90-16)(PW)
A previous owner installed a pool and decking which encroaches into the
easement. The City settled litigation with the current property owners agreeing that staff would recommend to the Commission that 8' of the easement be vacated. This area is adjacent
to Stevenson's Creek. None of the improvements proposed for Stevenson's Creek Phase II through this reach of stream will be impacted by the vacation.
A question was raised regarding the settlement of litigation and it was indicated the City agreed to vacate if the property owners installed a wall which they have done. It was indicated
they are attempting to clear a title problem at this time.
First Reading Ord. #5080-91 - Relating to utilities; amending Sec. 50.15 regarding charges and fees for backflow prevention devices; amending Sec. 52.015 regarding definitions for detector
check valves (PW)
On March 1, 1990 the Commission adopted an ordinance which established customer charges for required backflow prevention devices. When required the devices are installed and maintained
by the water division. Since the adoption of this ordinance, it has been enforced primarily to ensure installation of proper devices on new service connections. Now that experience
has been gained with installing and maintaining backflow preventors and similar devices, it is desirable to begin installing them on certain existing water service connections that are
considered potential hazards to the public water distribution system. The existing service connections do not have the backflow prevention or detector check valve devices because they
were not required at the time of original construction.
To provide these existing customers some relief, the ordinance establishes separate reduced charges for these installations when required on existing service lines. The reduced rates
include costs for material only. The City will provide the labor at no charge to the existing customer. The Pinellas County Water System offers similar cost savings for this type of
installation.
The proposed ordinance modifies two existing rates for backflow prevention device installation to make them more compatible with actual cost and establishes definitions for detector
check valve and double detector check valve.
Concerns were expressed that the costs for retrofitting are more than for new installations. A question was raised regarding why we would subsidize costs for existing customers. A
question was also raised regarding the amount of money that would be absorbed by this subsidy and how many customers we are estimating will be impacted. Information will be provided
for Thursday night.
Community Relations Board - 1 appointment (CLK)
It was stated Melvia Price, who is listed as a nominee, no longer lives in Clearwater and it was requested her name be removed from the list.
First Reading Ord. #5076-91 - Relating to the building code; amending Sec. 138.07 to revise schedule of permit fees and charges; amending Sec. 138.071 to revise definition of "combination
permit"; amending Sec. 138.10 regarding filing fees for appeals; amending Sec. 112.1(A) and 2204.2 of Standard Building Code and Sec. 110(B) of Standard Mechanical Code regarding filing
fees for appeals and fee for house moving permit (PLD)
Permit fees and miscellaneous charges for the building division have not been reviewed for five years. The review indicated the need to increase fees
so revenues collected will cover the budget needs of the building division. This is in keeping with the Commission's policy that such a fee cover the actual administrative costs of
these activities. The total budget of the building division is $955,200.00 with a projected revenue of $803,000.00. Staff is projecting an additional $72,000.00 revenue this fiscal
year if the proposed fee increase is effective March 1, 1991. A full twelve months of collection should pay for almost the full cost of operating this division.
Staff compared fees of surrounding jurisdictions before drafting their proposal. In addition to the proposed fees, information in the ordinance is restructured to clarify restrictions
placed on permits and a list is provided as to when permits are not required.
A concern was expressed that our fees seem to be higher than other jurisdictions and in response to a question it was indicated the fees will not pay for total operations for this fiscal
year but should for the next.
A question was raised regarding whether or not permit stickers are now required to be placed on portable signs. Vic Chodora, Building Official stated this has been in effect for 1
to 1 1/2 months and the permits should be attached to the portable sign.
Preliminary Site Plan for Beth Shalom (proposed church building expansion) located at the SE corner of Belcher Rd. and Harn Blvd., Morningside Estates Unit I, Lots 194 thru 208, 2.8
acres m.o.l. (Sobel, Gaylor)(PLD)
The developer is requesting approval of a site plan for expansion of the existing church building. A variance of 25' to permit the addition to be located 15' from the side property
line at Claiborne Drive will have to be approved by the Development Code Adjustment Board before this item can be reviewed by the Development Review Committee. Otherwise, the subject
property appears to comply with all development requirements stated in the Land Development Code.
Three access points exist off Belcher Road and one access point exists off Claiborne Drive. The developer proposes to keep the three access points off Belcher and remove, during phase
two expansion, the existing access point off Claiborne Drive. The developer also proposes to build a driveway at some point off Claiborne which would appear to be noncompatible with
the residential uses presently found along Claiborne. Staff is recommending as a condition to the site plan that the proposed new access drive off Claiborne be deleted.
Discussion ensued regarding the access points and staff reiterated they are recommending deletion of the proposed new access off Claiborne. They stated there are three existing access
points off Belcher, two of which are currently not in use. They do propose to use all three under the new site plan.
Variance to the Separation Requirement for Sales of Alcoholic Beverages for Julie's Seaside Cafe, located at 351 S. Gulfview Blvd., Lloyd-White Skinner Sub., Lot 70 (Tiernan AB91-02)(PLD)
This is a request to permit the legal use of the subject property for outdoor seating associated with the existing restaurant use as well as to expand the area associated with the alcoholic
beverage use into the outdoor seating area.
Jim Polatty, Planning and Development Director indicated this property has been the subject of Code Enforcement for some time. He stated they now meet Code and need the variance for
the alcoholic beverage use. He stated this business has been monitored and no adverse impacts have been noted.
Variances to the Sign Regulations; located at 25191 US19N, Sec. 32-28-16, M&Bs 32.08 & 32.10, zoned CH (Dimmitt Cadillac SV91-02)(PLD)
The request is for four variances from the sign regulations: 1) a variance of one property identification sign to allow two such signs; 2) a variance of 82.8 square feet to permit
a total of 194.8 square feet of property identification signage; 3) a variance of 16.5 feet to permit a pole sign of 36.5 feet in height and 4) a variance to allow nonconforming signage
to remain after the amortization period.
Scott Shuford, Planning Manager stated the request essentially is asking they be allowed to leave up their existing signs and not meet code after the amortization period has expired.
Variances to the Sign Regulations; Shell Oil Station located at 2000 Drew St., Skycrest Terrace Sub., Blk C, part of Lot 3 and all of Lot 4, zoned CG (Shell Oil Company/Smith SV90-01)(PLD)
This is a request for three variances from the sign regulations: 1) a variance of two property I.D. signs to permit a total of four such signs, 2) a variance of 5.8 square feet property
I.D. signage to permit a total of 133.8 square feet of such signage, and 3) a variance to allow nonconforming signs subject of this request to remain after the amortization period.
Scott Shuford, Planning Manager indicated there is some confusion regarding property I.D. signs versus business identification signs. He stated canopy signs are considered property
I.D. signs. He further reiterated that gas stations are a special problem when it comes to signage.
Michael Wright, Assistant City Manager, reported on the status of the nonconforming sign notification program. He stated there will be approximately 2,000 letters that will go out
to owners of signs which will need to be modified or have variances approved prior to the end of the amortization period. He stated they will be providing a sample street to the Commission
to indicate to them how the program will be handled.
Other City Attorney Items
Item: Insurance Claim of City against Appalacian Insurance Company for Clearwater Bridge
The City Attorney reported he believes there is a claim to be made that Appalacian Insurance Company should honor the City's claim for damages on Clearwater Pass Bridge. He is requesting
Alan Zimmet, former Assistant City Attorney, be hired to process the City's claim against Appalacian and bring a lawsuit if deemed necessary.
A question was raised regarding whether or not the City Attorney had reviewed the cases which Mr. Zimmet would be relying on. The City Attorney indicated he had not at this time.
It was requested he review these cases prior to Thursday and report to the Commission regarding his opinion of whether or not we have a strong case. Consensus of the Commission was
to add this item for Thursday night.
Verbal Reports
The City Manager reported on a request from the North Pinellas Joint Veterans Council for the City to cosponsor an event supporting the troops in operation Desert Storm. The event
would be held at Clearwater High School and should the City agree to cosponsor the event, the high school would waive its
fees. No City fees would be waived.
Commissioner Nunamaker arrived at this time.
Concerns were expressed regarding additional requests of this type and whether or not the commission should become involved in these events. It was stated there is a difference between
the supporting the action that is taking place and supporting the troops.
Concerns were also expressed that if the City cosponsored a supporting group how they would handle a request from a nonsupporting group. Concerns were also expressed regarding liability
in these events.
The City Attorney stated the Commission needed to be aware that this would be a political question and more information was requested for Thursday night.
Further discussion ensued regarding how to handle these requests and a suggestion was made that Coachman Park be made available to be scheduled by anyone wishing to use it, but groups
using it would have to pay for any police or other city service costs. It was indicated a request had been received to use Jack Russell Stadium and it was indicated this would have
to be approved by the Phillies and as it is getting close to spring training, it was doubtful it could be used. General consensus of the Commission was to make Coachman Park available
on the basis previously mentioned.
Other Commission Action
The Mayor questioned if the Commission had seen the letter from the Chamber regarding changing the name of Jack Russell Stadium to Jack Russell Memorial Stadium. There was some concern
whether or not this was necessary. It was also indicated that in the future the perception would be that the stadium had been built as a memorial to Mr. Russell who has just recently
passed away. It was actually named after Mr. Russell due to his efforts to bring baseball to the area.
Commissioner Fitzgerald complimented the City Attorney's office for the settlement of the Teer case.
Commissioner Nunamaker questioned the status of the DeSantis case. The City Manager indicated Mr. DeSantis had indicated his recent letters were sent out in error and he misunderstood
some calculation regarding his retirement effective date. Commissioner Nunamaker questioned the status of the settlement with FOP#4. It was reported we have a tentative agreement with
the union that will need to be presented to the members for ratification and it will then come back to the Commission. He questioned whether or not FOP#10 had ratified the contract
and it was indicated they had not. It was also reported the CWA was to vote on a tentative agreement on February 6.
In response to a question regarding whether or not we would begin new negotiations in June, Ms. Rice indicated she would prefer to start the new negotiations prior to that. She reported
we have received the Special Master's report on the IAFF contract but there has been no discussion on that as of yet.
The meeting adjourned at 11:05 a.m.