05/04/1992 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 Mayor/Commissioner
Richard Fitzgerald Vice-Mayor/Commissioner
Lee Regulski Commissioner
Sue Berfield Commissioner
Arthur X. Deegan, II Commissioner
Also present were:
Michael J. Wright City Manager
M.A. Galbraith, Jr. City Attorney
Cynthia E. Goudeau City Clerk
The meeting was called to order at 9:00 a.m.
Service Awards
One service pin was awarded to a City Employee.
Long Center Presentation (WSO)
Mark Abdo, Executive Director of the Long Center, explained adminis tra tion of the center is comprised of an operations board and a fund raising board. He stated in fiscal year 1990/91,
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 in 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
resi dents.
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 classrooms are being dressed up and may be rented, locker rooms and showers
are being upgraded.
In response to a question, Mr. Abdo indicated a cafeteria is operated by UPARC and catering is also used.
Mr. Abdo noted a slight increase in expenses for the first six months of this year due to unanticipat ed repairs and maintenance and the addition of one administrative employee. He
stated an overall increase in atten dance, usage and non-sponsored member ships 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
operation al 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 of 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 pay off 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 Report
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 natu ral. In response to a question, Mr. Baker said this
project does not address cleaning out Stevenson's Harbor. It was stated the erosion and sedimenta tion 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 construc tion 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 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 documen tation is in place and the project will go forward when permitting is complet ed.
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 II, 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 pro ject. Various construction details were discussed.
Declaration of furniture, equipment and property surplus to City needs and authorize the sale of the surplus items to the highest bidder at Public Auction (AS-1)
Various items of furniture, equipment, and other property have been turned in and accumulated at the Central Stores/Property Disposal ware house. Al 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 recommend ed 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 for the period 7/15/92-7/14/95 at an est. annual cost of $226,380 (GS-1)
Bids were solicited in May 1991 for custodial services. At that time, Prime Service of America, Inc. was the lowest, most respon sive 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 still 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.
Prime Service of America has been most responsive to all requests; the quality of service provided by this contractor is more complete than the service provided by any other custodial
contractor the City has used in the past, including the next two higher bidders.
Fred Molé, 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, Technology Innovation Center, Oakdale, Iowa, to provide a computer based State and Federal Law training program for the period 7/1/92-6/30/93
for $24,000 (PD-1)
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.
The computer-based training concept has been very instrumen tal 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 force, 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-of-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 Supply, Inc., Vero Beach, FL, for purchase of approx. 80 protective vests and covers for the period 6/18/92-6/17/93, for an est. total
of $27,449.60 (PD-2)
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 kevlar 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 recommenda tions
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 is 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.
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 all 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 & Mainte nance Building to Oakhurst Construction Company, 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 investiga tion 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 Ott (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.
In response to questions, it was indicated the fire was deter mined to be arson. The repair costs were below the insurance deductible and therefore paid out of the City's self-insurance
fund.
Public Hearing & First Reading Ord. #5202-92 - Vacating the easterly 5' of the westerly 10' drainage & utility easement lying in Country side Tract 56, Unit 2, Lot 41, less northerly
5'(Garrett V92-04)(PW-1)
The applicant has a pool structure which encroaches approxi mately 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 measure ments to the water
line, not the outside wall. He indicated it is not unusual to allow decking or bird cages to encroach into an ease ment. 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.
Public Hearing - Vacating the 5' utility easement lying along the south property line of Lot 11, Oak Creek at Countryside, less easterly 5' and westerly 5' subject to County vacating
a 5' easement on Lot 10 (Alimonos V92-05)(PW-2)
The applicant owns two lots in Oak Creek at Countryside Subdivision. Lot 11 lies within the City, Lot 10 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 Commis sioners 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.
Public Hearing & 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 approxi mately 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.
(Cont. from 4/16/92) Consider allocation of ten acres known as "The School Board Property" to the Clearwater Airpark 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.
The Airport Authority Plan includes the provisions for use of "The School Board Property" 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 stormwater 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 Property". 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 request ed, 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 zone 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 Corp., Lake Mary, FL, to provide maintenance service for the Water Pollution Control Division's Atomic Absorption and Gas Chromatograph Instruments
for the period 7/1/92-6/30/93 for $10,731.96 (PW-5)
The City is required, under the terms of the U.S. Environmental Protection Agency (EPA) and the Florida Department of Environmen tal Regulation (DER) permits, to make quarterly analyses
for contaminating parameters in plant effluent. Testing is also conduct ed for stormwater discharge quality and for certain Water Depart ment inquiries.
The Atomic Absorption Spectrophotometer and the Gas Chromato graph 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 mainte nance 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 Hughes Supply, Inc., Clearwater, FL, for purchase of double detector check valve assemblies by the Water Division for the period 5/8/92-5/7/93, total est. cost $80,655
(PW-9)
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 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.
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. Baker 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.
Annual contract to Niagara Conservation Corp., Flanders, NJ, for purchase of miscellaneous water conserving devices by the Water Division for the period 5/8/92-5/7/93, total est. cost
$78,280 (PW-10)
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. Subsequently, several small orders for these devices have been received and distributed to customers. Through
Mid-April, Over 5,500 showerheads, 5,500 displace ment bags and 3,225 dye tablet kits have been provided to water custom ers. 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.
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.
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.
Easement Agreement with Florida Power Corporation (FPC) for a 26' wide Bicycle Path Extension across FPC right-of-way (PW-11)
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 Transfer 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.
Staff was requested to provide a map showing the bicycle path. It was indicated this is planned to extend to the Pinellas Trail.
C.O.#1 to the Design Services Agreement with Kisinger Campo & Assoc. Corp., for Clearwater Pass Bridge Crutch Bent Repairs increasing the amount $21,670, adjusting the engineering portion
of the agreement amount to $151,670 (PW-12)
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. 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 letter 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.
The meeting recessed from 11:24 a.m. to 11:31 a.m.
Discussion re: Environmental Advisory 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
Commis sion 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 recom mendations 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.
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 final judge whether or not the approve any new topics, not the EAC.
Suggested topics for Environmental Advisory Committee review until October are:
1) Comprehensive Watershed Management Master Plan. - Review progress toward long range watershed manage ment 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 improve ments to the City of Clearwater Code of Ordinances in environmental areas where existing environmental prob lems 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.
Discussion ensued with regard to defining the purpose of the commit tee 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 research ing items for the committee.
In response to questions, it was indicated the EAC was intended to be a sounding board, providing recommendations to the 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 commit tee by detailing technical aspects rather than general concepts.
Tom Miller, 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.
DeSantis Lawsuit - provide individual legal counsel for Police Chief Klein, reject offer to use binding arbitration to settle this case and continue with defense of lawsuit (CM-1)
Joseph R. DeSantis has filed a lawsuit against the City of Clearwater and Police Chief Sid Klein pursuant to 43 U.S.C. 1983 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 be 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 Hearing & First Reading - Ord. #5189-92 - re: increase maximum height for structures in all Single Family zoning districts and the Multiple Family "8" and "12" zoning districts,
amending §§ 135.011, 135.017, 135.023, 135.029, 135.035, 135.036, 135.037, 135.043, 135.044 and 135.045 (LDCA 92-02)(PLD-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 from
25 feet to 30 feet in the RM-8, RM-12, and all single family residential districts. This change brings the City of Clearwater height require ments 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 Hearing & First Reading - Ord. #5190-92 - re: Art Galler ies/Studios as a permitted use in certain districts, 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 92-03)(PLD-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.
The proposed ordinance would allow the art gallery/studio use in the Limited Office (OL) and General Office (OG) zoning districts with a conditional use permit; the use would also be
allowed as a permitted use in all 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 Hearing & First Reading - Ord. #5191-92 - re: use restrictions for Indoor Retail Sales, Personal Services, Restaurant and Indoor Commercial Recre ation/Entertainment permitted
uses in the Resort Commercial "24" 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 size.
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 less 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 Hearing & First Reading - Ord. #5193-92 - re: specific floor area standards for certain classes of accessory uses; classify an individual dwelling 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 "bonus" for hotel/motel uses when those uses have a residential unit attached
to the manager's office.
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 allow able 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.
Questions 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 Regulations (Cont. from 4/16/92) for property (Fortune Federal Savings & Loan Assoc) located at 18401 US19N, 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 classifica tion 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 15 square feet.
Jim Polatty stated the applicants have requested a continuance and claim their signage was grandfathered in and does not require variances.
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.
Variance to Sign Regulations for property (Semtronic Assoc., Inc.) located at 1467 S. Missouri Ave., Sall's Sub., Blk A, Lot 4 less road (R.O.R. Investments SV92-06)(PLD-11)
The applicant is requesting a variance of 3 feet to permit an existing sign 2 feet from a property line.
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.
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.
In response to a question, staff will investigate which existed first, the sign or the retention area.
CDBG Annual Grantee Performance Report for 1990/91 - receive public comment (PLD-12)
The Grantee Performance Report is the principal administrative report documenting the city's expenditures of Community Develop ment 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.
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.
All CDBG recipients are required to hold a hearing to receive public comment on the Grantee Performance Report.
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 Village at Country side/Replat 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 corre sponding replat of Lot 1 - The Village at Countryside Parcel 4 Replat which includes four office buildings. The
subject property is an existing commer cial/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.
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 develop ment 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.
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.
Preliminary Subdivision Plat for the Replat of Westchester Lakes Townhomes located at the NW corner of Sabal Springs Dr. and Country side Blvd. (Geiger/Kistler)(PLD-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.
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.
Airport Authority - 1 appointment (CLK-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 filled 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.
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 - Dedicating sidewalk easement at Pierce St. and East Ave. (RES-1)
Staff is to investigate the purpose of the proposed resolution.
City Manager Verbal Reports
In reviewing the Commission Policies, the Fire Chief noted GA-6 - Fire Lanes, included 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 Commis sion 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 depart ment to address 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.
Commissioner Berfield 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 Deegan 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.
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.
Mayor Garvey reported she was contacted by the Italian-American Club which is requesting the City's help with their Columbus Day Celebra tion. The Club is to make a presentation Thursday
night.
The meeting adjourned at 1:56 p.m.