06/16/1997CITY COMMISSION WORK SESSION
CITY OF CLEARWATER
June 16, 1997
Present: Rita Garvey Mayor/Commissioner
J. B. Johnson Vice-Mayor/Commissioner
Robert Clark Commissioner
Ed Hooper Commissioner
Karen Seel Commissioner
Kathy S. Rice Interim City Manager
Bob Keller Assistant City Manager
Pamela K. Akin City Attorney
Cynthia E. Goudeau City Clerk
Gwen Legters Board Reporter
The meeting was called to order at 9:00 a.m. at City Hall.
I. Service Awards
May 1997 Employee of the Month - John Schauder, Marine Department
June 1997 Employee of the Month - Robert Cantrell, Solid Waste Department
The work session recessed at 9:04 a.m. to meet as the CRA (Community Redevelopment Agency) and Pension Trustees. The work session reconvened at 9:35 a.m.
PRESENTATIONS
USF Graduate Thesis - Redeveloping Clearwater Beach – Jason Westrope
Central Permitting Director Scott Shuford introduced Mr. Westrope, a University of South Florida graduate student who wrote his Master’s Thesis in Architecture on the redevelopment
potential of Clearwater beach.
Mr. Westrope gave a slide presentation outlining his thesis, entitled, “Coastal Palimpsest.” He explained the definition and thesis statement, stating sustainability requires balancing
culture, environment and economy. The primary concerns involve geology, weather, coastal ecosystems, sensitive environments and tourist economy. The solution is mediation of priorities
through a systems approach to redevelopment. The goals are to restore natural habitats, improve the quality of human habitats, and optimize economic value of property. He noted increasing
access to coastal resources reduces the negative impacts of development. Illustrating his points with a conceptual model of Clearwater beach, he said primary moves are to redistribute
redevelopment landward, replace surface parking with structured parking, reconstruct dune and mangrove habitats, establish wildlife habitat and create wetland parks. Redevelopment actions
are to adopt a master plan; establish a beach CRA; create environmental quality zoning overlay districts; designate a TIF (Tax Increment Funding) district; address land acquisition,
disposition, transfer, purchase and condemnation rights; implement design review; and initiate stormwater, beach/dune, and parking utility fees.
In response to questions, Mr. Westrope indicated a benefit of parking garages is they are modular, enabling addition of parking spaces as needed. A parking utility fee would pay the
cost of a parking garage by requiring everyone to contribute a small amount. He suggested building parking garages on city-owned land where possible. Some garages would have to be
built on private land and privately operated so the entire burden would not be on the City.
Comparing development of barrier islands he said, at 72 percent, Pinellas County beach development is the second highest in the state, after Palm Beach. He explained reference to the
north beach as having environmental focus, the central area as commercial, and the south beach as cultural, indicating the far northerly area is Caladesi, with a strong environmental
focus. The south beach is cultural, in a broad sense, because of the interaction of people in a public place. He did not find a reason for the huge tourism spike in 1984, but said
it is more critical to take note when numbers go down. He estimated $250 million for development costs, which did not include cost of the land. He suggested most land acquisition would
have to be done by private companies.
Mr. Westrope noted Marina public areas are difficult to access from Pier 60. Removal of surface parking is a sensitive issue because of people wanting to park right next to the beach.
He suggested creating drop-off points might solve the problem. A copy of the thesis will be in the Commission’s read file for reference.
PUR PURCHASING
Publishing Hardware & Software, Ikon Office Solutions, $28,126; funding to be provided under city’s master lease/purchase agreement (IM)
Questions were raised regarding the proposed use, whether the hardware is new and whether the lease/purchase includes a warranty and service agreement. Staff will provide more information
regarding the proposal to upgrade the City’s graphics equipment to enable computer based publishing.
Network Equipment & Software for Enterprise Network, Phase II, BCD Computer Distributors, Inc., $127,345.83; funding to be provided under city’s master lease/purchase agreement ($89,521.38)(cash
$37,824.45)(IM)
In response to questions, Interim City Manager Rice said fiber optic cabling will not be needed for the network to function. She said CIP funding has been budgeted and the cash is
available.
CRT COMMUNITY RESPONSE TEAM
Purchase two 1997 Ford Taurus sedans, Don Reid Ford, Inc., $31,840 (Consent)
The Community Response Team proposes to replace two vehicles that have outlived their usefulness, but are not on the replacement list because they were originally obtained from City
surplus. The vehicles are not tied to the Community Response Team grant program. A mid-year budget amendment will provide for lease purchase of these vehicles.
In response to questions, Ms. Rice stated the CRT’s vehicles need to be replaced, and Fleet Maintenance has no vehicles in surplus.
GAS GAS SYSTEM
Approve Clearwater Gas System (CGS) continued participation with Florida Municipal Natural Gas Association (FMNGA) in joint municipal representation of Federal and State regulatory and
legislative issues and to pay related annual FMNGA dues and shared expenses, 6/20/97-6/30/98, est. $60,000 (Consent)
The FMNGA represents 22 municipal natural gas utilities, monitors the State legislative session, and represents said utilities on common issues before the legislature and regulatory
agencies. Joint representation lowers individual expense and leverages the group’s voice to increase standing before the regulators. The firm of Miller, Balis & O’Neil, P.C. (MBO)
of Washington DC represents FMNGA on Federal issues. William J. Peebles, P.A., of Tallahassee serves as counsel on State issues. Rate Masters of Houston, Texas provides specialized
counsel for specific issues such as rate analytical services.
The FMNGA activities result in lower supply gas costs for CGS and its customers by participation in rate case activities, formation of the Municipal Gas Authority of Florida to purchase
bulk supply gas for 14 municipal systems, and holding down supply transportation cost increases.
The CGS is assessed six cents per natural gas customer for dues to pay FMNGA operating expenses on a State level. All Federal issues are proportionately billed to participating members
based on meter count and pipeline capacity. CGS spent $32,917.66 in the last ten months on FMNGA-related expenses, and projects $10,000 additional expense by the end of the currently
authorized period. With the current Florida Gas Transmission (FGT) rate case in process, $60,000 is projected as CGS’s share of FMNGA annual expenses. The item will be funded under
“Professional Services” as a recoverable expense under the Purchased Gas Adjustment provision within CGS gas sales rates. The Gas Supply cost center was created in FY 95/96 to capture
expenses related to natural and propane gas supplies.
Questions were raised regarding the contributions and annual budgets of the 22 participating municipalities. Mr. Warrington said CGS annual dues amount is $1,000, or 21 percent based
on a pro rata formula. Most of the costs are tied to Federal legislative issues. Staff will provide a list of the participants, what they pay, and for what the money is used. Brief
discussion ensued regarding the projected budget, what the lawyers achieve and what the City gets for its $60,000. Mr. Warrington said the challenge is to ensure the City pays the minimum
possible fuel bill. The City pays the largest percentage in the group, with the next largest entity paying 15 percent. The FMNGA is the only group of its kind in Florida. Private
entities have a separate association of gas distributors. While only 22 of 31 Florida municipalities participate, Mr. Warrington believes FMNGA speaks for all 31. He said only 15 of
the 22 use FGT lines and pay the cost of addressing Federal pipeline issues.
A question was raised whether $60,000 will be enough if deregulation becomes a hot topic. Mr. Warrington responded federal deregulation issues are handled through FPGA, and Florida
is not directly impacted by Public Service Commission regulations. If more work is
needed on a local level CGS might have to come back for more money, but Mr. Warrington did not foresee that happening.
PR PARKS AND RECREATION
Contract to renovate & expand Greenwood Panthers building at Phillip Jones Park, Oakhurst Construction Co., Inc., $55,936.21; approve subsequent CO deduction of $8,700, and approve transfer
of $15,000 at 3rd Quarter from savings in other CIP’s
North Greenwood area residents, particularly volunteers who support the Greenwood Panthers Culture and Sports Organization, Inc., have requested funds to renovate and expand the existing
1,320 square foot building to better accommodate Greenwood Panthers programs. Staff has worked closely with architect Steve Fowler and Greenwood Panthers representatives on the project.
The proposed contract will expand existing offices, add a new 720 square foot weight room, expand and renovate the concession room area. Construction will begin in late June, with
completion scheduled within 60 days, prior to the first home football game on September 6, 1997.
Estimated costs and current project budget are summarized as follows: Contract to Oakhurst Construction Co., Inc. (with change order deduct), $47,236.21; Professional Services (architect),
$4,500; Geotechnical Services, $1,100; Advertising Bids, $468.82; Contingency, $5424.97; Total Estimated Cost, $58,730. Staff recommends $8,700 valued engineering to reduce project
costs from $55,936.21 to $47236.21. Staff recommends a third quarter budget amendment to transfer CIP funds of $10,000 from the McMullen Tennis Complex locker renovations and $5,000
from Jack Russell Stadium renovations, to Phillip Jones Clubhouse renovations and expansion.
A question was raised whether weight rooms are typical in small centers. Parks and Recreation Assistant Director Art Kader responded Ross Norton Park and Clearwater Beach Recreation
centers have weight rooms. The subject location is the only one with football, and currently has a small weight room in a heavily traveled portion of the office area. The proposal
will separate the weight lifting area from office activities such as counting money. He said a 720 square feet area is being added, for a total of 2020 square feet in the building.
He was confident the expansion can be accomplished within budget. He expressed concern with the short time frame and hoped good weather holds, but said the contractor has a track record
of getting jobs in on time. The phrase, “apparent low bidder” was used before it was known if the job was bid correctly, and should have been removed from the item. He said the architect
designed the expansion to meet the $40,000 budget. Only two bids were received because contractors are busy and it is difficult to get them to bid small jobs. He confirmed the funds
were saved from other projects.
EN ENGINEERING
Public Hearing & First Reading Ord. #6159-97 - Vacating portion of 10’ drainage & utility easement lying along north side of Lot 510, Morningside Estates Sub., Unit 6B (Balk, V 97 07)
The applicant is requesting vacation to construct a pool deck encroaching six feet into the easement. No City utilities exist within the easement. Florida Power, General Telephone,
GTE Americast, Time Warner, and City staff have no objections. Engineering staff has reviewed comments by the reviewing departments and recommends approval.
Staff was requested to include notation of physical addresses to supplement legal descriptions whenever possible.
In response to a question, Mr. Baier stated staff is looking at vacation along the entire line of properties in this area, as time permits.
Joint Project Agreement with FDOT for design, row acquisition and construction of Memorial Causeway East Bridge replacement
The current PD&E (Project Development & Environment) Study, begun in late December 1995, was more than 80% complete by the end of April 1997. Approximately 120 people attended the December
3, 1996, alternatives public workshop. Following the February 3 and April 14, 1997, presentations to the Commission, the City Commission selected Alternative P4A as the Preferred Alternative
on April 17, 1997.
This Agreement is to secure $13-million from FDOT (Florida Department of Transportation). Proposed funding for the project is to be provided by the City, County, and State. The JPA
(Joint Project Agreement) between the City and FDOT provides that FDOT will reimburse the City for funds the City spends over and above the City and County share to advance the bridge's
construction. FDOT requires the proposed project be included in Pinellas County MPO's (Metropolitan Planning Organization) LRTP (Long Range Transportation Plan) before FDOT will execute
this proposed funding agreement. Under pending State legislation, FDOT cannot reimburse the City for design costs after July 1, 1997, unless a JPA is approved prior to June 30, 1997.
Presentations were made to the MPO's CAC (Citizen's Advisory Committee), TCC (Technical Coordinating Committee), and MPO Commissioners. On May 14, 1997, the MPO accepted CAC and TCC
recommendations and amended the County's LRTP and TIP (Transportation Improvement Plan) to include the Memorial Causeway Bridge Project.
This Agreement specifically details delegation of responsibilities: 1) City shall be responsible for the project's PD&E and Design phase and 2) FDOT shall acquire right-of-way, select
and hire a professional engineering consultant to perform CEI (Construction Engineering and Inspection) work during construction, and will maintain the bridge after completion of construction.
Engineering Director Rich Baier distributed an updated agreement, highlighting the salient points and indicating where it differs from what the Commission was previously provided.
He noted the agreement commits FDOT to reimburse the City $13 million. The bridge is part of the State highway system and it has been made very clear the City does not want to put on
a toll. It is important to the City to have more than a “plain vanilla” bridge design. Page 2 of the agreement refers to Exhibits A through D detailing: 1) schedules for project design
and payout; 2) design approval prior to execution of the agreement; 3) assignment of a project manager for design plans review; 4) list of State and Federal standards; and 5) Memorandum
of Agreement regarding City deposit of funds for right-of-way acquisition by FDOT. He stressed the agreement must be executed before June 30.
Discussion ensued regarding FDOT’s commitments detailed on page 3 with regard to the total $13 million reimbursement to the City. Up to $3 million will be paid for design costs. Mr.
Baier said a concern is not having a firm design estimate could shift design costs back to the City because FDOT will not pay more than $3 million for design costs. If design costs
are less than $3 million, the balance would shift to construction costs. Ms. Rice noted Exhibit C, the Memorandum of Agreement, provides for the City to deposit $39 million into an
escrow account established by FDOT. Clarification was needed regarding whether the $39 million must be deposited up front, before any construction, or prior to any reimbursement by
FDOT.
Discussion ensued regarding how the City’s deposit is drawn down, and whose money is used first. It was indicated the City pays everything up front, then DOT reimburses the City $13
million. Under the agreement, DOT would not pay less than $13 million unless the total cost paid by the City was less than $13 million. The City could end up paying more than $13 million.
The County Administrator has assured the former City Manager funds for the County’s contribution would be available at the beginning of the next Penny for Pinellas cycle in 2001. Discussion
ensued regarding the need for bonding, the need for a thorough financial analysis, and a concern projects will have to be given up to facilitate bonding. Concerns were expressed the
State will benefit from over $2 million in interest on the $39 million escrow deposit. Ms. Akin will investigate to ensure the interest stays in the account for the purpose of the project
and does not become part of the State’s contribution. Ms. Rice said more work is needed on the agreement. She will ask Finance how long it will take to prepare a financial analysis.
If necessary, she will call a special meeting to present the requested information. It was felt a better sense is needed of the County’s position. In response to a concern the State
money is subject to yearly legislative approval, it was indicated that language is standard and is not likely to change.
Mr. Baier highlighted the remainder of the agreement with regard to the City’s responsibilities. Staff was requested to ensure one audit report is sufficient provided it is done by
an outside auditor. Mr. Baier responded to questions regarding advance funding for the phased project schedule. Construction is scheduled for completion by the end of FY 2002.
Contract to purchase unimproved real property, (Joseph W. McGoldrick) Sec. 17-29-15, containing 5.49 acres, m.o.l., together with improved real property commonly known as 325 David Avenue,
for $386,000 and pay related transactions costs including real estate appraisal, environmental audit, boundary survey, recording fees and demolition expenses, all maximally estimated
at $8,225, for an estimated total of $394,225
The subject property is suitable for development of a stormwater treatment facility to resolve problems: 1) replace collapsing stormwater system discharging from Condon Gardens; 2) provide
stormwater treatment for area that discharges to Tampa Bay without treatment; and 3) alleviate minor street flooding on adjacent Elizabeth Avenue. The project also will provide stormwater
treatment for the TBNEP (Tampa Bay National Estuary Program) and NPDES (National Pollution Discharge Elimination System) Program.
The purchase price was determined by an appraisal performed by Jerry S. Fiala, MAI, SRA, on April 28, 1997, that indicated the total land value is $360,000, plus $26,000 for the single-family
residence at 325 David Avenue that provides full legal access to the wooded unimproved portion of the property. PBS&J (Post, Buckley, Schuh & Jernigan, Inc.) performed a
transaction screening site assessment. Their May 12, 1997, summary report indicates no suspicion of current or past usage for the deposition of toxic materials or hazardous wastes, and
that no further investigations or testing is warranted at this time. The project will be developed for treatment and attenuation of stormwater, incorporating a small wetland while retaining
transitional and upland trees on site.
For the seller to comply with requirements of Section 1031 of the Internal Revenue Code of 1954, an "Addendum To Contract" attached to the contract exhibits an Exchange Agreement to
be executed by the City and Seller with American Midwest Bank & Trust to facilitate an exchange of the property for other "like kind" property. The City would have no further obligation
relating to the exchange beyond executing the agreement.
In response to questions, Mr. Baier said replacing the collapsing stormwater system is only part of the reason for acquiring the property. There has been some discussion of creating
a passive park. Staff will provide estimates of assessed value and how much will be lost in tax revenue. Staff believes the acquisition is necessary. The charter requires only one
appraisal for purchases of less than $500,000. The property owner will be required to purchase another similar property with proceed from this sale. Assurance was requested the City
will have no further obligation beyond executing the agreement. Mr. Baier reported he confirmed Assistant City Attorney John Carassas is satisfied. Discussion ensued regarding options
for sale or banking of retention capacity for future development. It was indicated retention capacity on this site would not affect Kapok Mobile Home Park requirements.
In response to a question, Assistant City Manager Keller was not aware of any future development interest on the subject property. Staff will investigate. If the property is purchased,
the house will be torn down. While approximately $18,000 in tax revenue would be lost, acquisition could enhance other properties with stormwater credits, and would help meet Parks
and Recreation’s need for park land in the area.
Island Estates Reclaimed Water System Contract No. 2 - Pumping Stations & Storage Tank, Wharton Smith, Inc., $2,412,000
The Island Estates Reclaimed Water System is being constructed under 2 separate contracts. On April 17, 1997, the first contract was awarded by the City for construction of pipelines
which will extend reclaimed water service to Clearwater beach and Island Estates. Contract #2 is for the pumping and storage facilities to complete the system development. This project
will begin about July 1997, with a construction contract time of 360 days.
This project includes a 5 MGD transfer pump station at the Marshall Street APC Facility, a 5-million gallon ground storage tank, a high service pump station and associated electrical
systems, site work, parking, and landscaping. The parking facilities are intended for community use during non-working hours and the landscaping is designed to screen the site from view
from adjacent property.
Total estimated construction costs for the reclaimed water system are $6,070,295, based on the Contract #1 award of $3,658,295 and this Contract #2 amount of $2,412,000. This amount
is within the projected total cost of $6,995,500. Engineering construction management services for the project were included in a previous work order to McKim & Creed. Costs for
materials and construction quality control testing will be included in a future work order and are estimated to be $25,000.
In response to questions, Ms. Rice said a committee is working to inform local residents and receive their comments and concerns. The site plan was displayed for a month in the Martin
Luther King Center. While some residents were still unhappy, they were pleased to participate. Mr. Baier said the project will fund construction of the berm and associated landscaping.
The proposal is for one 5 MGD (million gallons per day) tank to meet short and mid-term needs. A grant to interconnect with the Northeast plant will eliminate the need for expansion.
The northeast facility has approximately the same capacity, with a small tank that can be used until it is known whether SWFWMD grants are received. One big issue still under negotiation
is whether the City will be allowed to discharge treated water into Stevenson’s Creek. The City’s goal is to use all the reclaimed water. Mr. Baier will verify the bid covers all landscape
buffering to meet expectations of the community.
Work Order for providing construction services & quality control testing for Beach Reclaimed Water Main & Island Estates Reclaimed Water System, McKim & Creed, $80,000
The City Commission awarded construction contracts for the Beach Reclaimed Water Main Extension and Island Estates Reclaimed Water system in previous agenda items. The background on
the previous agenda items for the construction contract awards identified the need for additional construction engineering services and quality control testing. This work order provides
for needed services to insure quality of work, to insure the installed quantities of work are not misrepresented by contractors, and to assist in resolving construction issues raised
by impacted residents.
The Contractor proposes to use several construction crews at different locations within the project's limits. The Contractor's intention is to complete the work faster than the allotted
time frame of 540 days. A higher staffing level will be required for construction services during the initial 6 to 8 months of the project. This work is subject to the Cooperative Funding
Agreement with SWFWMD (Southwest Florida Water Management District) for the transmission pipeline portions of the work performed. Construction will begin about June 16, 1997. Services
provided by this Work Order will begin in July 1997.
Mr. Baier reported, while Clearwater beach residents have not agreed to participate, a grant to extend the main would enable irrigation of Pier 60 park and other City property. Concerns
have been expressed by beach residents not wanting to pay for water they will not use. Discussion ensued regarding accelerating the construction time frame from 540 to 360 days. A
question was raised whether any penalties are in place to assure the City’s best interest is met. Mr. Baier responded the City will stay on top of the work efforts with regular construction
inspection and oversight to ensure a quality product. A penalty of $500 per day would be imposed for going over 540 days, but no incentive is in place to ensure completion in 360 days.
A question was raised regarding funding by mid-year transfer of retained earnings. It was indicated the Island Estates reclaimed water projects were included in the utility rate study.
Retained earnings may not be totally replenished, but it was anticipated some retained earnings would be used.
Res. #97-35 - Officially changing name of that portion of Bayview Avenue, lying south of Gulf to Bay Blvd. and within city limits to “Old Bayview Avenue”
Jack Alvord, President of the Historic Bayview Association, has submitted a petition signed by 20 residents requesting changing the street name south of Gulf-to-Bay Boulevard from Bayview
Avenue to Old Bayview Avenue. Eleven residents live in the City and nine residents live in the County. The Association believes changing the name will improve the response time of emergency
vehicles. Residents are concerned the police, paramedics, sheriff, and ambulances often respond, in error, to Bayview Avenue on the north side of Gulf-to-Bay Boulevard. Residents also
feel changing the street name will help Pinellas County School Transportation Officials to recognize those who live south of Gulf-to-Bay Boulevard and consider a school bus stop on their
side.
In response to questions, Mr. Baier said the entire section of the right-of-way in question is within the City limits. Objection was expressed to using delayed emergency response time
as rationale for the change, as emergency services are familiar with difficult to find locations. Mr. Baier said emergency services would not confirm delays for liability reasons.
Concerns were expressed that approval could set a precedent, majority approval has not been established, need has not been demonstrated because the expressed rationale does not appear
to be valid.
In a separate item, Mr. Baier distributed color chips and asked the Commission’s preference of color for the overpass at Gulf-to-Bay Boulevard and US 19. Consensus was to recommend
the lightest shade of brown.
The meeting recessed from 12:06 to 12:12 p.m.
CP CENTRAL PERMITTING
(Cont. from 5/15 & 6/5/97 ) Public Hearing - Land Use Plan Amendment to Commercial Neighborhood & CPD Zoning for property located on N side of SR590, approx. 700’ W of McMullen Booth
Rd., Sall’s Lake Park, Unit B, Tract B (Terepka, LUP97-02, Z97-03)
The applicant proposes to change the Multiple-Family Residential "Eight" (RM-8) zoning to Commercial Planned Development (CPD) for vacant property on the north side of SR 590, approximately
700 feet West of McMullen-Booth Road and adjacent to the SPCA (Society for the Prevention of Cruelty to Animals.) The applicant wishes to construct a professional dry cleaning business
office with ancillary services on the subject lot. The applicant operates Spirit Cleaners at 1590 McMullen-Booth Road by SR 590 and indicates that location has inadequate room for expansion.
The item was continued from the June 5, 1997, City Commission meeting as the applicant was not present and had requested a continuance to June 19, 1997. At that meeting, citizen opposition
to the rezoning was expressed.
The applicant intends to build two one-story buildings on the property: 1) 960 square feet and 2) 5,000 square feet. The property's current Land Use Plan Classification is Residential
Urban. Under the Land Development Code, the proposed business is categorized as a "personal service" which is not a permitted nor conditional use in a RM-8 zoning district. The business
will be a permitted use in the proposed CPD zoning district if the request is approved.
The subject lot is not City park property although the plat shows it as a "park." According to the applicant, the City rejected the previous owners' donation of the lot. No homeowners
association maintains the property which is littered with trash and debris. Upon a search of City records, staff found no restrictions on this property to prohibit its use for other
than a park. The Parks & Recreation Department has expressed no interest in the property as a park.
The lot has a non-conforming width of 85.03 feet when 90 feet is the minimum required in the RM-8 zoning district. The 29,750 square foot lot is less than an acre. Establishment of a
new CPD requires 4 acres or more. The property is not ideal for residential development due to its size and the SPCA site to the east. Appropriate uses might be noncommercial parking
for the SPCA. The north end of the lot near the cul-de-sac could be used for single family.
Staff expressed concern the proposed development is not consistent with surrounding land use patterns and in character with residential properties north and west of the subject property.
Rezoning will not foster a consolidated commercial or professional corridor as no such uses exist within the area. Proposed buffering on the site plan are insufficient to mitigate adverse
conditions to the residential neighborhood.
The 15 proposed parking spaces do not comply with Code as a 5,960 square foot building requires 30 parking spaces. The signage issue is not addressed by the applicant on the site plan.
If approved for first reading, the City Commission should be presented with a proposed sign allowance prior to second reading. Staff will recommend freestanding and attached signage
at the Public/Semi-Public level.
Staff feels the proposed construction of a professional dry cleaning business with drive-through services at this location will impact negatively and exacerbate the noise and activity
already experienced by this residential neighborhood unless heavily buffered. On May 20, 1997, the Planning & Zoning Board endorsed the request by a 4-1 vote.
Central Permitting Director Scott Shuford stated the applicant has submitted a new site plan, but has not adequately addressed staff’s concern with excessive impact on the adjacent
residential area. The City has the ability to consider CPD zoning for properties less than four acres when in the best public interest. While agreeing this property is difficult, staff’s
primary concerns are the adjacent residents’ needs. Under the current zoning, the only uses staff could recommend were ASPCA parking to the front, and residential off the cul-de-sac
to the rear and this has been suggested to the applicant. Mr. Shuford was not aware of details regarding reports that the previous owner had attempted to donate the property to the
City or the ASPCA.
Public Hearing & First Reading Ords. #6154-97 & #6155-97 - Land Use Plan Amendment to Residential/Office General & OL Zoning for property located at 1005 Howard Ave., Belmont Sub., 2nd
Add., Blk F, Lots 5-8, less S 10’ thereof (Young’s Funeral Home / Robert C. Young, LUP97-03, Z97-04)
The applicant wants to expand his full-service funeral home at 1005 Howard Street to include individual family viewing rooms, parking spaces to eliminate off-street parking, and handicap
rest room facilities which meet ADA (Americans with Disabilities Act) requirements. He has acquired the adjacent four lots South of the business to facilitate this process. The subject
lots are zoned Multiple-Family Residential "Eight" (RM-8) and have a Land Use Plan
Classification of Residential Urban. A funeral home service is not a permitted nor conditional use in RM-8 zoning but is permitted in Limited Office (OL) zoning. The Future Land Use
Plan Classification of Residential Urban would be changed to Residential/Office General to conform with the proposed zoning district, and be compatible with the Countywide Future Land
Use Plan Classification of adjoining properties North of the subject lots.
The combined lots total 8,712 square feet (0.2 acres) which is less than one acre. Two or more acres are required to establish a new OL zoning district. The proposed amendments, however,
would be an expansion to the applicant's existing property.
Staff believes this established business will continue to serve an important public function. The rezoning request is consistent with the adjoining land use patterns to the North and
compatible with the existing OL zoning district. Rezoning will provide the applicant more flexibility and space to provide essential services to better run the business. It will allow
a development project that contributes positively to redevelopment. Adequate measures should be taken to control site impacts, particularly to nearby residents to preserve neighborhood
integrity. On June 3, 1997, the Planning & Zoning Board unanimously endorsed the request.
Mr. Shuford shared the Commission’s concern with strip zoning the area, but did not believe it would result from this amendment. This item will go to the PPC (Pinellas Planning Council)
after Commission approval.
Variance(s) to Sign Regulations for property located at 2601 Enterprise Rd., Sec. 32-28-16, M&B 22.05 (Florida Power Corp. / Cypress Point Shopping Center, SV97-06)
The property, on the South side of Enterprise Road East of US 19N is zoned Public/Semipublic. The applicant is requesting an area variance for a freestanding sign of 84.3 square feet
to allow a sign area of 132.3 square feet and structure area of 156.3 square feet where the maximum permitted sign area and structure area are 48 square feet and 72 square feet, respectively.
The variance is for a freestanding sign for the Cypress Point Shopping Center. The sign will be placed in the Florida Power right-of-way which is used to access the shopping center from
Enterprise Road.
The message area of the sign is 60 square feet. The sign will identify a 166,000 square foot shopping center on 17 acres. It is designed to complement the shopping center and its sign
on US 19N. Staff feels the sign will be an appropriate transition between neighboring signs.
Mr. Shuford said the sign is needed to identify the shopping center’s Enterprise Road entrance through Florida Power right-of-way. The requested sign would be allowed within a Commercial
Center designation, but a variance is needed due to the sign’s location in Florida Power right-of-way. Mr. Shuford noted the rules have changed regarding consideration of signs as architectural
structures. Staff will check to see what happened to previously existing smaller sign.
Beach Redevelopment Plan Communication Project
After a staff presentation on the benefits of a Community Redevelopment Area (CRA) plan for Clearwater Beach, the Commission directed staff to communicate the "pros and cons" of the
CRA approach with beach business and residential communities; determine
redevelopment issues, concerns, and concepts through this communication process; report findings and recommendations for future action to the Commission periodically. To accomplish this
direction during the summer, staff plans to negotiate a contract with USF Prof. James Moore. The contract will include: planning and expectations meetings with City Commission and staff
to identify the range of issues to be considered and the format and forum for public meetings; two information gathering public meetings; a day-long design charette where redevelopment
ideas will be solicited, discussed, and examined; a followup meeting where public and design charette ideas will be discussed.
Dr. Moore is extremely well qualified to conduct this project. He is a teacher and presenter, and a nationally recognized leader in urban design, architecture, and development economics.
He has recently returned to USF from a visiting professorship at Harvard.
The contract will be for less than $10,000. Funds exist in a capital project account intended for beach redevelopment planning. Staff will hire an emergency employee to assist in
managing the communications process. Staff needs assistance due to several other major summer projects. Funding for this short term temporary employee will come from the same capital
account.
Staff will discuss CRA issues with the County Administrator to determine, and perhaps resolve some of his concerns regarding revenues. Staff will schedule a planning and "expectation"
meeting between the Commission and Dr. Moore before July. Staff will provide a status report at the July work session.
Ms. Rice stated this item was brought forward for informational purposes. Questions were raised why it is necessary to spend $10,000 to supplement the study done in January. Mr. Shuford
said the January study was done to determine if conditions are right to establish a CRA, not the receive public input. It is necessary to hold public meetings to actively convey more
information between the Commission and public. A qualified, objective person is needed to facilitate those meetings. Dr. Moore’s assistance was valuable in staff meetings two years
ago regarding design issues. The importance of discussing CRA issues with the County Administrator was stressed. Mr. Shuford said a County staff member will be on the committee developing
the plan. It was suggested to invite the County Commission to the public meetings where this issue is discussed.
The meeting recessed from 10:29 to 10:40 a.m.
CM ADMINISTRATION
Contract for non-legal collective bargaining representative services during upcoming negotiations with City’s 4 unions to Cynthia Clark Sontag, at an amount not to exceed $55,000
Three responses to the RFP (Request for Proposal) were received and evaluated by a City staff committee. The two highest ranked responders made oral presentations to the selection
committee, and answered a series of ten questions. Based on the submittals, oral presentation, structured interview, and proposed cost, Cynthia Clark Sontag was selected as the City's
negotiator in upcoming bargaining with the City's four unions.
The City will pay Ms. Sontag $50 per hour based on the amount of work and availability of funds, with total compensation not to exceed $55,000. Funding will be provided by a third
quarter budget amendment transferring savings from capital improvement project for City Hall renovation, to the City Manager’s operating budget.
In response to questions, Ms. Rice said in the past, either she or a law firm has participated in bargaining. She will continue to participate but will need assistance. A third quarter
budget amendment is anticipated. Savings from the unfilled Assistant City Manager position are being used elsewhere. It was noted 1100 hours is an estimate, and a lot of pre-negotiation
work is needed. What is not needed will not be used. She supported the unions’ desire for fair and quick negotiations, but did not have a feel for how much time will be needed as several
union presidents are new to the negotiation process.
Public Hearing - approve transfer of $1,000,000 of Penny for Pinellas tax from Drew Street Widening project to the Memorial Causeway Bridget project
On March 6, 1997, the City Commission adopted Ordinance #6137-97 which established the requirement for a special public hearing regarding any funding change in a Penny for Pinellas project
totaling $500,000 or more. The FY 1996/97 Mid-Year Budget Review includes a budget amendment transferring $1 million of Penny for Pinellas (infrastructure) taxes from the Drew Street
widening project, where the funds no longer are needed, to the Memorial Causeway Bridge Replacement project. These funds are necessary to provide funding for design of the bridge.
In response to a question, it was indicated infrastructure taxes are no longer needed for the Drew Street widening project because design and scope of the project have changed since
its inception eight years ago.
Mid Year Budget Review
a) First Reading Ordinance #6163-97 - Amending Operating Budget for Fiscal Year ending 9/30/97
b) First Reading Ordinance #6164-97 - Amending Capital Improvement Program (CIP) Report and Budget for Fiscal Year ending 9/30/97
The Mid-Year Budget Review is based on six months activity from October 1996 through March 1997. At mid-year, court fines are approximately 24 percent below estimates primarily due to
the beach courtesy warning program and anticipated revenues are reduced by $222,500 in this category. Interest earnings on the General Fund cash pool are lower than anticipated and result
in a decrease in estimated earnings.
The mid-year amendments reflect the appropriation of $500,000 of unappropriated retained earnings to the Special Program Fund for General Fund retirements. The available balance in this
project is approximately $237,000. With several large retirement payouts in the near future, including City Manager Deptula and Fire Chief Davidson, the current available funding most
likely will be used prior to the end of the fiscal year. A projected schedule of funding needs currently is being generated for the current and FY 1997/98 budget years.
At mid-year, amendments to anticipated General Fund program expenditures reflect a $14,836 increase and anticipated General Fund revenues are reduced by $401,605. The total of these
amendments ($416,431), along with the $500,000 transfer of unappropriated retained earnings from the Employee Retirement pool, result in a net transfer from General Fund unappropriated
retained earnings of $916,441 at mid-year.
The Unappropriated Retained Earnings of the General Fund remain at $8,573,563, which is 12% of the total General Fund expenditure budget and well within the City Commission's 10% reserve
policy.
Water and Sewer Fund amendments reflect a $40,000 transfer to the Capital Improvement Fund to establish a project to modify the Utility Billing System in 2000. All other amendments are
relatively small and routine in nature.
Gas Fund expenditure amendments reflect the increased cost of fuel, and the $25,000 transfer to the Capital Improvement Fund to establish a project to modify the Utility Billing System
in 2000.
Solid Waste amendments reflect a $20,000 transfer to the Capital Improvement Fund to establish a project to modify the Utility Billing System in 2000. Amendments also reflect program
savings in dump fees and garage charges.
Stormwater expenditure amendments reflect salary savings due to the transfer of a position from the Stormwater program to the General Fund - Organizational & Employee Development program.
Operating revenues include a small amendment to reflect higher than anticipated collections for the year.
Recycling Fund revenues anticipated decreases in the sales of recyclables and offsetting increases in operating revenues reflecting higher than anticipated collections for the year,
and offsetting savings in Recycling program expenditures.
Revenue amendments to the Marine Fund reflect an increase in fuel sales and slip rentals, which is offset by a decrease in the appropriation of retained earnings. Expenditure amendments
reflect an increase in inventory costs for the purchase of gas and oil to compensate for the increased sales.
Parking Fund amendments to revenues indicate a decrease in other revenues due to a timing variance in the receipt of funds from Pinellas County supporting the Beach Guard function. Revenues
also reflect an increase in the appropriation of prior year retained earnings to offset budgeted expenditures. The expenditure amendment is to allow for an increase due to the clean-up
of the beach parking lots after a large storm last October.
Harborview Center Fund amendments reflect a decrease in operating revenues due to the loss of anticipated revenues on food and beverage sales, as well as slower than anticipated sales.
Revenues indicate a loan from the consolidated cash pool to offset the operating deficit.
Amendments in the Administrative Service Fund reflect large savings in telephone charges to City Departments, offset by a reduction in anticipated revenues from interfund
charges. The General Service Fund also reflects several amendments recognizing the Building & Maintenance program costs in the participation of the City Hall renovation project.
Amendments to the Capital Improvement program total a net decrease of $965,935. The FY mid-year Budget Review includes a budget amendment transferring $1-million of Penny for Pinellas
(infrastructure) taxes from the Drew Street Widening project, where the funds no longer are needed, to the Memorial Causeway Bridge Replacement project. These funds are necessary in
the Memorial Causeway project to provide funding for design of the bridge.
Other significant Capital project budget amendments provided by previous City Commission action include: 1) $19,888 - Fuel Site Enhancement; 2) $8,100 - Municipal Services/Public Safety
& Police Complex; 3) $55,572 - Telephone System Replacement; 4) $9,000 - Island Estates Underground Utilities; and 5) $4,124,094 - Reclaimed Water Distribution.
The following Capital Improvement Budget increases have not been approved previously by the City Commission: 1) General Public Buildings and Equipment: a) Parks & Recreation Department
Personal Computers - $124,000 lease purchase budget increase and $16,000 Administrative Services revenues - replace 286 and 386 systems in outlying facilities; b) Community Response
Team Vehicles - $37,000 lease purchase budget increase - replace 2 salvage vehicles; c) Geographic Information System - $56,250 budget increase of unappropriated retained General Fund
earnings - additional personnel costs; d) Sand Key power line - $1,043 budget increase of interest revenues and $56,250 of property owners share revenues - recognize receipts to date;
and e) Utility Billing Year 2000 Compliance Project - budget increases of $25,000 Gas revenues, $20,000 Water revenues, $20,000 Sewer revenues, and $20,000 Solid Waste revenues - establish
project to program utility billing system for year 2000; 2) Public Safety: Fire Facilities Automation - $73,000 lease purchase budget increase and $17,000 of General Fund revenues representing
savings in Fire Department operations - establish project for desktop computers and enterprise network for remote facilities; 3) Leisure: a) Pier 60 Maintenance - $14,540 budget increase
of General Fund revenues representing Pier 60 revenues - establish ongoing repair and maintenance project and b) Self-Checkout Systems - $77,600 budget increase of General Fund revenues
to establish project to purchase systems for Main, East, and Countryside libraries; 4) Utilities: a) Stormwater Quality Improvement/Property Purchase - $111,070 budget increase recognizing
State, City of Safety Harbor, SWFWMD (Southwest Florida Water Management District), and Pinellas County reimbursements for Del Oro and Alligator Creek stormwater projects; b) Habitat
Restoration & Improvements - $28,950 budget increase of revenues from other municipalities to recognize SWFWMD reimbursement for Cooper's Point; c) Pinellas New Gas Mains & Service -
$59,496 budget increase of interest revenues to recognize interest earned by gas bonds; d) Pasco Expansion/New Mains & Services - $131,000 budget increase of interest revenues to recognize
interest earned by gas bonds; and e) Environmental Remediation - $30,000 budget increase of gas revenues from Gas Environmental EIA Recovery for additional remediation funding.
Budget Director Tina Wilson stated salary savings from the unfilled Assistant City Manager position are being used for a Library web site technician, North Greenwood improvements, furniture
for the OED (Organization and Employee Development) Department, a recruitment and selection position in Human Resources, and funding for a temporary senior accountant in Finance. The
primary amendments are to the General Fund due to decreased
revenues from beach parking fines and decreased interest earnings on the General Fund cash pool. Many minor amendments are covered by savings. The Pension Fund amendment will cover
$358,000 for retirement of 19 employees this year, and an estimated $620,000 for 23 individuals who have indicated they will retire in FY 1997/98. The $230,000 currently in the account
will be spent by the end of this year. The City will be faced with not being able to fill the vacancies for a year if this amendment is not approved. Discussion ensued regarding adequacy
of the retirement pool.
Ms. Wilson reported funding of additional administrative overhead for the City’s CRA was inadvertently placed in the County category. She highlighted an significant amendment due to
decrease in operating revenues resulting from Harborview Center’s loss of anticipated food and beverage sales. Questions were raised regarding reinvestment of unappropriated retained
earnings. Concerns were expressed with drawing down without replenishing funds. Ms. Rice briefly outlined the City’s cash management system of long and short term securities. She
will ask the Finance Department for an analysis. It was felt the Commission needed to revisit the City’s ten percent reserve policy to avoid having to depend on FEMA in case of a major
storm.
Ms. Rice reported staff is working with the Police Department to look at changing how the beach courtesy program is managed. An update of Harborview Center operations was requested,
to be scheduled for the first August Commission meeting. A question was raised regarding the special law enforcement trust fund and the amount being spent on new computers. Staff was
urged to look toward increasing drug enforcement and prevention programming. Ms. Rice responded to concerns regarding funding the year 2000 computer upgrades. A committee is preparing
a report. Referring to costs for City Hall renovations, Ms. Wilson said it had been made clear in the beginning that bringing in someone from outside might be needed.
OTHER CITY ATTORNEY ITEMS
Abdullaj v City - Attorneys’ fees settlement issue
City Attorney Akin stated the second offer was $15,000, not $10,000 as previously reported. This case has been seriously litigated since 1993. The City is researching the plaintiff’s
assets in an attempt to get closer to the $40,000 actual cost as directed by the City Commission. If the City does not prevail in the appeal, the City would owe the plaintiff; however,
the City believes it is entitled to payment of fees associated with this false arrest suit. At the fee hearing, the judge will hear testimony regarding fees to which the City believes
it is entitled. Regarding collectability, Ms. Akin reiterated the plaintiff has assets from which the City would attempt to collect. Consensus was to proceed with the fee hearing.
Atrium v City - Settlement agreement discussion
Ms. Akin said the final version is not ready for this agenda as she had hoped. The issues have been resolved and she anticipated closing in the near future. A closing date has not
been determined.
City Manager Verbal Reports
Business, Retention & Growth Program
Mr. Keller introduced Diane Hufford, Loan Officer, who will coordinate the project. Mr. Hufford stated the program is designed to encourage businesses to remain in Clearwater, attract
new development, promote business recruitment and complement the City’s business base. Each Commission member will visit 25 businesses that meet certain criteria. She reviewed the
process to be used. Participating businesses will be given a certificate or plaque in appreciation. The program will start immediately, and will be ongoing.
In response to questions, it was indicated only businesses within the City limits will be chosen for participation. Businesses will be selected according to how closely they meet the
criteria, based on a program survey.
Set TRIM Millage Rate
In accordance with a recommendation from Ms. Rice, consensus was to set a special meeting on July 14. This will allow time for new City Manager Michael Roberto to become familiar with
the proposed budget.
Commission Discussion Items
Voting Delegate for Florida League of Cities’ Annual Conference - 8/21-23/97
A June 9 memo from Florida League of Cities Executive Director Michael Sittig stated the League’s 71st annual conference will be held at the Buena Vista Palace August 21-23, 1997.
Ms. Rice noted the conference conflicts with the City Commission schedule. Consensus was not the change the Commission meeting schedule.
Consensus was to place appointment of Mayor Garvey as voting delegate on the consent agenda.
Ms. Rice inquired whether the Commission wished to reschedule their first October meeting in observance of Rosh Hashanah. Consensus was not to reschedule.
Other Commission Action
Commissioner Seel stated the projected date for the Phillies trip conflicts with the Florida League of Cities conference. Commissioners Clark and Hooper said they cannot attend on
August 1. The Mayor stated the City is requesting the trip be rescheduled.
Commissioner Seel questioned whether City representatives will attend the Florida Sustainable Community Network and Florida Economic Development Council and Enterprise meetings. Mr.
Keller responded affirmatively.
Commissioner Seel complimented Engineering Department’s Dan Mayer for setting up the Stevenson’s Creek cleanup. She thanked all the participants, stating she was among about 15 volunteers
who worked two hours along the creek and trail. Phase 2 is being planned.
Commissioner Seel complimented the EMS Department for their compassion and commitment to their jobs. She rode with the paramedics last Saturday night.
Commissioner Seel thanked City Clerk Goudeau for her work on the letters keeping the Commission up to speed regarding the legislative session.
Commissioner Johnson questioned the value of the Film Commission to Clearwater. Ms. Rice responded the Film Commission was created as an economic development tool to promote tourism
through advertising commercials, training films and the movie industry. The film industry has generated over $5 million in definable economic benefit to Pinellas County.
Commissioner Hooper concurred with the recommendation to appoint Rowland Harold to the EMS committee.
Commissioner Hooper questioned what the Gas Division is doing in response to the marketing satisfaction survey. Ms. Rice said the Customer Service Division is addressing the issues
raised by the survey.
Commissioner Hooper referred to a letter from Donald Ash, Senior, praising Carolyn Brink of the City Manager’s office for going out of her way to help citizens. Mayor Garvey and Commissioner
Clark added their thanks, stating Ms. Brink assists many in the same manner.
Commissioner Clark thanked those responsible for eliminating the noise from the air conditioning system.
Commissioner Clark referred to a memo from Engineering Director Rich Baier concerning elimination of the historic Kapok Tree sign, questioning whether the item emanated from the Commission.
He thanked the Mayor upon learning she originated the item.
Commissioner Clark questioned what was done in response to Commissioner Johnson’s memo regarding the Jazz Foundation’s request for $25,000. He noted it was part of the alcoholic beverage
ordinance for them to decrease their funding request. Ms. Rice said she will write the $25,000 into the budget, and the Commission can decide the issue during budget discussions.
Commissioner Clark requested clarification of comments in a letter from Susan Lee, SHIP Executive Director. Staff will get an interpretation.
Mayor Garvey requested for information regarding the ability to apply for permits via fax be sent to the Chamber of Commerce.
Adjourn
The meeting adjourned at 1:05 p.m.