12/07/1998CITY COMMISSION WORK SESSION
CITY OF CLEARWATER
December 7, 1998
Present: Rita Garvey Mayor/Commissioner
Ed Hooper Vice-Mayor/Commissioner
J. B. Johnson Commissioner
Robert Clark Commissioner
Karen Seel Commissioner
Also Present: Michael J. Roberto City Manager
Richard L. Hedrick Deputy 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.
Service Awards were presented to five City employees.
The meeting recessed from 9:10 to 9:46 a.m. for closed attorney/client session.
PUR PURCHASING
Environmental Control Systems & Products, odor neutralizer to be used in all WPC facilities, 12/11/98-12/31/2001, est. $150,000 (PW)
Purchasing Manager George McKibben pulled this item due to a bid protest.
Don Reid Ford, twenty-three 1999 Ford Crown Victoria Pursuit Vehicles (replacement) for use throughout City by Police Department, $563,195.02; funding to be provided under City’s Master
Lease-Purchase Agreement (GSS)
Mr. McKibben stated General Support Services requested 3-year funding to bring vehicle payment schedules in sync with their 3-year useful life. Staff was requested to provide information
on the significant impact this item will have on the current budget. A concern was expressed the City might have been able to find someone locally who could have matched this price
for the number of vehicles. Mr. McKibben responded local vendors were given the opportunity to bid. This is the only vendor who could meet the tight build schedule.
Duval Ford, one 1999 Ford E-250 cargo van for use throughout City by Fire Department, $21,618; funding to be provided under City’s Master Lease-Purchase Agreement (FD)
In response to a question, Fire Chief Rowland Herald said the cargo van is for use by the EMT SWAT paramedic team to allow response on demand.
Caruso Chrysler Plymouth Jeep, Inc., one 1999 Jeep Cherokee utility vehicle for use throughout City by Fire Department personnel, $19,036; funding to be provided under City’s Master
Lease-Purchase Agreement (FD)
Chief Herald stated in response to questions, the Emergency Management Coordinator (EMC) in his role as Public Information Officer, would use the Jeep Cherokee. A Jeep is needed due
to the adverse weather conditions sometimes encountered in the course of EMC duties. It is felt the fixed state reimbursement does not adequately reimburse him for use of his personal
vehicle in this manner.
General Safety Equipment Corp., two 1999 Gladiator chassis fire & fire rescue fire trucks for use throughout City by Fire Department, $653,576; funding to be provided under City’s Master
Lease-Purchase Agreement (FD)
In response to questions, it was indicated this is just a purchase agreement to finance the two trucks, which the City will own. Discussion ensued regarding the lease/purchase process,
and considerations at the end of a lease term. Staff was requested to investigate whether leasing vehicles would be more cost effective than purchase if the City is going to a 3-year
vehicle purchase cycle.
Dravo Lime Company, high calcium quick lime for use at all WPC facilities, 1/15/99-1/31/2002, est. $1,000,000 (PW)
A question was raised whether this company, located in Alabama, is the closest responsible vendor. Mr. McKibben responded this vendor is the sole source of the high calcium quick lime
required at City Water Pollution Control facilities.
ED ECONOMIC DEVELOPMENT
Approve purchase of real property known as Dimmitt Property to be used for Town Pond Regional Retention Project, for $1,265,094
In connection with the planning for the Downtown Pond, staff has determined that parcels C, D, and E of the “Dimmitt Property” should be acquired. The purchase price is $1,265,094,
a negotiated agreement taking into account both the appraised value and the owner’s listing price, and equal to $7.75 per square foot. Funding is to be provided from the bond proceeds
as anticipated in the results of the Utility Rate Study for the Stormwater Utility. Any financial resources required to be used prior to the issuance of the bonds will be provided by
a loan from the consolidated cash pool and reimbursed at the time of bond issuance. The contract provides for a longer than usual due diligence period (90 days) during which the City
will have performed phase 1 and 2 environmental assessments of the property. Should environmental contamination be found, staff anticipates reopening negotiations with the seller.
The contract grants to the City an option to purchase parcels A and B of the Dimmitt property (fronting on Cleveland Street.) The first option period has no cost to the City and runs
for 180 days from date of executed contract for purchase of real property. The second option period would cost the City $50,000 for an additional six months. The payment would be pro-rated
should the City choose to exercise the option during the latter period. Staff believes that having the option would permit the City to market the property as a redevelopment project
in conjunction with the Brownfields, Enterprise Zone and CRA incentive package. The option can be assigned to the CRA. This property represents the second of four parcels, which must
be acquired for the expansion, and improvement of the Pierce Street pond (Town Pond Project.)
Assistant City Manager Bob Keller reviewed background of the Town Pond process, displayed aerial views of the subject parcels and presented purchase options. Staff recommended purchase
of parcels C, D, and E at $7.75/foot ($1,265,097.00) pending determination of site conditions. In response to questions he stated parcels C, D, and E total about 8.5 acres; more than
4.5 acres of which would be used for the pond. The stormwater fund would have to be reimbursed for property purchased and not used for the pond. Brownfields Coordinator Miles Ballogg
responded to questions regarding amount of Brownfields funding that will be used for Phase 1 and Phase 2 site evaluation. In response to questions regarding cleanup responsibility,
it was indicated the City would not purchase land with substantial pollution problems, unless provision for a solution was in place.
Approve Tampa Bay Partnership dues increase from $20,000 to $40,000 for Fiscal year 1998-99
The Tampa Bay Partnership provides marketing services, image enhancement, and research to enhance the City’s ability to attract and retain businesses. The Mayor has served on the Policy
Board; the Assistant City Manager has served on the Marketing Committee with Commissioners attending key functions during the year. City dues are $20,000. The City has been asked to
increase that contribution to $40,000 in this fiscal year, and (subject to budget consideration) to $50,000 in subsequent fiscal years through the 5-year cycle. The Partnership has
agreed to enhance their services by having the City featured in advertising in economic development publications; providing regional and national public relations assistance for One
City. One Future.; and obtaining City membership in key committees of the I-4 Corridor initiation. The City Manager will serve on the Council of Governors, which provides strategic
direction to the Partnership’s work program.
A question was raised regarding why the City is holding this year’s contribution to $40,000 when the request was for $50,000. Some felt membership in the Partnership is worthwhile,
is aggressively supported, and the City should pay its fair share. While some concern was expressed that the City receives increased benefits for its increased contribution, indication
was the benefits would outweigh the increased costs. Discussion ensued regarding the difficulty of quantifying benefits. In response to a questions, the Assistant City Manager reviewed
the purpose and the City’s involvement in the Council of Governors. Staff will provide a list of Council members.
FD FIRE
(Cont. at 11/19/98) Approve continued participation in joint venture to study providing Emergency Medical Services (EMS) transportation services throughout Pinellas County, cost not
to exceed $38,000
Largo, St. Petersburg, Clearwater, and Pinellas County entered into an agreement with the Polaris Group to perform a feasibility study regarding the Fire/Rescue Departments providing
a single response EMS system with Advance Life Support (ALS) Services. The $95,000 funding of the study was shared equally, with each party paying $23,875. The consultant’s study indicated
it is feasible for the Fire Department to provide quality transport services that are competitive with private transport providers. Authorization is being requested to begin Part II
of the consultant’s study: 1) Develop a plan to transition from the current dual-response system to single-response system to include a significant amount of analysis to determine the
specific financial and operational impact on Pinellas County if fire departments were to be responsible for patient transportation service; and 2) Prepare a bid response for the
Fire/Rescue Departments to jointly submit to a future Pinellas County Request for Proposal (RFP) for EMS transport services. Included would be individual City costs for setting up the
necessary organization and acquiring needed equipment to provide the service. The $113,000 cost for Part II would be shared equally among Largo, St. Petersburg, and Clearwater, with
each party funding $37,667. Acceptance of the proposal will be contingent on the results of the competitive bid process. Due to the significant financial obligations inherent in the
bid process, staff will be reviewing this information with each participating City Commission prior to finalizing a potential bid for submission.
The City Attorney reviewed the submission deadline, recommending the Commission set a special meeting on the next worksession day, January 19, to decide whether or not to submit. Approval
of the current item, to begin Part II of the consultant’s study regarding joint participation, would not automatically approve the submission.
Fire Chief Rowland Herald responded to questions, stating the interlocal agreement provides that any participant that backs out would not be responsible for sharing the costs. The
remaining participants would share the total costs, but would be under no obligation to continue participation. He stated, prior to start-up, the City would have a clear understanding
of operating and capital needs, and its role in the process. Discussion ensued regarding the contract period, bid cycle, and complexity of coordinating coverage details for each entity.
It was hoped, if the City chooses to proceed, that the principle costs can be recovered to make the bidding process more competitive and help taxpayers. The City Manager noted the
City’s participation would represent a dollar saving for citizens.
Purchase three Spartan chassis equipped fire engines from General Safety Equipment for $980,364; funding to be provided under City’s Master Lease-Purchase Agreement
General Safety Equipment of Wyoming, Minnesota submitted the lowest, most responsive bid in accordance with specifications. Operational needs have necessitated immediate action. These
engines meet the need to upgrade existing front line apparatus and improve the reserve fleet. The units will replace 1973 and 1975 Maxim engines that will have exceeded their useful
life as emergency response vehicles and will be surplused. The purchase would provide apparatus for seasonal and special event operations, as well as adding to reserve apparatus, an
essential step in plans for improved service. The Department’s existing three 1990 Spartan/Quality engines would move to reserve status and would be refurbished to extend their useful
life as emergency response vehicles. The new units are being ordered now due to the long lead-time involved. Ordering before January 1, 1999 saves approximately $13,050 in chassis
cost. The Fire Department will use a loaned fire engine until the new units arrive.
Concern was expressed that this request for three engines, combined with the consent item for two more engines, totals purchase of five major units in 12 months. Concern was this budget
impact will happen again when all five engines need replacing in the future. Chief Herald responded it is not likely all five would have reached the end of their useful life by the
replacement date, as engines assigned to the slower stations would have less wear. He related how fire service is provided to the community, and explained the apparatus replacement
schedule being built into the CIP budget. In response to questions, he stated the use of Spartan chassis is part of the department’s plan to standardize the fleet. Concern was expressed
a tax increase might be necessary to fund this item alone. The City Manager stated he is working with the Fire Department to determine how to avoid burdening future
commissions with equipment/building needs. Staff will bring solutions covering the next 20 years.
FN FINANCE
Authorize settlement of Workers’ Compensation Claim of Dorothy Boaz
Ms. Boaz is a 65-year-old school crossing guard who sustained a work-related neck injury on November 21, 1997. She underwent a cervical fusion as a result, and developed chronic intractable
headaches. She has been unable to work since the accident and is entitled to receive permanent total disability benefits for life of $130.96 per week with a $6.24 cost of living allowance
(COLA) per year until she reaches a weekly compensation rate of $187.08. She receives ongoing medical care for her headaches. Court-ordered mediation was held November 12, 1998. It
was tentatively agreed to settle Ms. Boaz’s entire workers’ compensation claim, including attorney fees, for $35,000 subject to claims committee and commission approval. Ms. Boaz agreed
to sign a general release and submit a voluntary resignation. The present value of Ms. Boaz’s indemnity benefits, without COLAs, exceeds $86,000. As of November 13, 1998 the City had
paid $22,174 in workers’ compensation benefits. Ms. Boaz’s benefits will continue until her claim is settled. The City of Clearwater Claims Committee, Risk Management Division, and
outside counsel, Mitchell Golden, recommended settlement approval as being in the City’s best interest.
Risk Management Specialist Jon Marcin stated in response to a question this settlement will include all medical.
MR MARINE
First Reading Ord. #6353-99 - Amending Ch. 33, Sec. 33.067, relating to waterways and vessels to amend defined areas for speed restrictions of vessels (extends wake zone in Mandalay
Channel by approx. 600 yards north of Memorial Causeway to a point marked by Mandalay Channel Daybeacon #1)
The City has received a request to extend the wake zone in Mandalay Channel north of the Memorial Causeway by approximately 600 yards, to a point marked by Mandalay Channel Daybeacon
#1. By extending the wake zone in the area, staff feels that vessels moored along the west side of Island Estates will be protected from wakes by passing vessels. Approval of this
request would locate the wake zone approximately 1,500 yards north of Memorial Causeway. The Marine Advisory Board endorsed the new location of the wake zone. The Florida Marine Patrol
has advised the City that the extension of the wake zone will be approved. After the ordinance is passed, the state will send an amendment to the City permit. The US Coast Guard has
no objection to the extension of the wake zone and placement of the wake zone signs on Mandalay Channel Daybeacon #1. All other existing City wake zones remain unchanged.
Bill Morris, the new Harbormaster, was introduced. He displayed a map showing 4 miles of added marine transitway and explained City management of wake zones. Signs will be posted
on existing pilings. No poles will be added in the water. In response to questions, he said State approval is needed to extend the wake zone. Marine patrol and the county Sheriff
will enforce compliance. The proposed wake zone does not extend farther north because the unlit piling that would be needed to post a warning sign would be considered an unsafe structure.
PD POLICE
Approve acceptance of one-year grant for fiscal year 1998-99 for Clearwater Police Geographic Information System III from Florida Department of Community Affairs / Drug Control and System
Improvement Formula Grant Program, in the amount $95,056 (Consent)
The Clearwater Police Department will use this grant to continue its Geographic Information System (GIS) project begun in 1996/97 in collaboration with Pinellas County. The system
is based on the County’s GIS mapping, with more than 400 pre-existing and maintained information layers, all property addresses, Property Appraiser’s Office information, building inspection
activities, 911/Emergency Management data, and County-furnished utilities information. To this database we are adding crime data collected for the target area, data collected from Clearwater
Public Works Utility Billing, and other departments’ data as it becomes available. Resource information on parks, schools, libraries, after school programs, job skills programs, and
health services will be added as the project moves forward. The GIS enables the user to prepare maps showing the number of specified types and locations of incidents selected through
description codes. Map analysis allows a comprehensive view of criminal activity in targeted areas; trends and successful prevention methods are more easily identified. The grant will
fund continuation of 2 full-time GIS positions and a college student intern for 20 hours per week. These 3 contract positions are not required by the grant to be retained upon completion
of the GIS project. The grant will fund GIS related training and associated travel for GIS staff, costs for hardware and software maintenance, GIS desktop software, and miscellaneous
printer supplies. The federal share if $95,056, the City’s required match is $31,686.
Police Chief Sid Klein explained functions of the GIS system and related its history in Clearwater since 1995. A custom interface with Pinellas County is being designed for the Police
Department. He highlighted benefits, features, and how GIS will speed crime analysis. He discussed funding sources and amount spent to date. A goal is to have participation of all
law enforcement agencies in northern Pinellas County, and extend the system to other City departments. Confidentiality issues were reviewed. In response to a question, he said an addendum
to the Police Department contract is being negotiated to use the system for upgrading City utilities.
Res. #98-61 - supporting County Ordinance to create an Idle Speed Zone for portion of water adjacent to the Courtney Campbell Beach Causeway
The waters adjacent to the Courtney Campbell Beach causeway are frequently used by motorized watercraft, causing a danger to the public’s safety in proximity to the public beach. Creating
an Idle Speed Zone will ensure bathers safety while allowing motorized watercraft shore access. The Pinellas County Board of County Commissioners has scheduled for first reading on
December 15, 1998 an ordinance to establish an Idle Speed Zone. The Clearwater Police Department supports Pinellas County in the adoption of an ordinance establishing certain Idle Speed
Zones for motorized watercraft on the water adjacent to the Courtney Campbell Beach Causeway.
Chief Klein referred to an aerial photo of the problem area alongside the Courtney Campbell Causeway where the safety zone between bathers and personal watercraft is marked by buoys.
A sounding survey was done to test water depth and the information given to
Pinellas County for their evaluation. The County proposes an ordinance to create an idle speed zone. He did not know the distance from the buoys to the sand, but stated the water is
deep.
Approve Agreement with Career Options of Pinellas, Inc. to design, implement & administer a Special Initiative Program - Jobs for At Risk Youth and Adults, a portion of the Weed and
Seed grant program, in an amount not to exceed $50,000 (Consent)
In Clearwater’s third year of the Weed and Seed grant, $50,000 of federal funding is designated to a Special Initiative Program – Jobs for At Risk Youth and Adults. The program targets
16 to 21-year-olds who are at risk of dropping out of school, have already dropped out, and adult residents, providing job opportunities in the Greenwood and Old Clearwater Bay Weed
and Seed neighborhoods. Career Options of Pinellas, Inc. is the administrative entity and fiscal agent for the Pinellas Workforce Development Board, the state mandated county appointed
agency overseeing the Job Training Partnership Act (JTPA) and Work and Gain Economic Self-Sufficiency (WAGES) programs in Pinellas County. Career Options has in place several programs
identical to those called for in the Weed and Seed grant proposal. Job development, search and placement are in place in Career Options activities. With its direct affiliation to JTPA
and WAGES, Career Options has been determined to be the sole source for this program due its unique position to unite all grant required activities under one provider, with the program
activities and essential resources already in place.
In response to a request, staff will provide information on how many participants have completed the program and been placed in jobs.
PW PUBLIC WORKS
Public Hearing & First Reading Ord. #6361-99 - Vacating E ½ r-o-w of N. Prospect Ave., lying north of Laura Street and City’s request to vacate W ½ r-o-w of N. Prospect Ave., lying
north of Laura Street, subject to retaining a 20’ drainage & utility easement (Theta Homes, V98-09)
The applicant proposes to use the east ½ right-of-way of North Prospect Avenue and the adjacent easterly property to construct a multi-family project. The right-of-way is not paved,
not used for vehicular traffic, and contains no City infrastructure. Public Works Administration recommends vacation of the west ½ right-of-way to support development to the west of
North Prospect Avenue, subject to retaining drainage and utility easements for future utilities. Major utilities have expressed no objections to the vacation request.
Public Works Administrator Rich Baier referred to a map showing the location, stating the housing is proposed to the east of Prospect Avenue. The vaction is needed on the west side
for drainage and setbacks. In response to questions, he will provide more information regarding the legal description, price range, and other details of the proposed units. Discussion
ensued regarding precise location of the development.
Approve Letter of Understanding with FDOT for construction & maintenance of two stormwater ponds to serve SR590 (Drew Street) widening, from Highland Ave. to NE Coachman Rd. (Consent)
Through a joint project agreement, the City and the Florida Department of Transportation (FDOT) are preparing plans to widen Drew Street from Highland Avenue to Northeast Coachman Road.
The City is funding the design; FDOT the construction.
Preliminary design started in 1995 with final plans expected in 1999. The widening will necessitate construction of two stormwater treatment ponds. The FDOT will be responsible for
construction and long-term maintenance of these ponds. This letter of Understanding (LOU) provides for a City property donation for the construction of one pond on city owned property;
a right of entry to FDOT for construction and maintenance access to construct both ponds; a drainage outfall; and relocation/replacement of trees removed for pond construction.
Concerns were expressed the retention ponds will be fenced and allowed to go wild, and that the drainage outfalls will be unattractive. Rich Baier said the City can add letters of
understanding to ensure correct long term maintenance of the stormwater treatment ponds. He will check with FDOT to see if they intend to enforce their fencing policy for this project.
He described design of the concrete outfalls as concrete weirs. The project will start within 2 years and will have no cost to the City other than the land donation. The City wishes
to ensure the mast arm traffic signals supports mirror those on Highland Avenue.
The meeting recessed from 11:14 to 11:31 a.m.
Approve Final Reclaimed Water Master Plan Update completed by McKim & Creed Engineers, P.A.; authorize staff to submit approved plan to SWFWMD (Consent)
The City authorized McKim & Creed Engineers to conduct an update of the City’s Reclaimed Water Master Plan. Total project cost was $126,800. The Southwest Florida Water Management
District (SWFWMD) is providing $43,500 in grants to reimburse the City for a portion of the Reclaimed Water Master Plan Update cost. The Reclaimed Water Master Plan Update outlines
a 20-year plan to maximize the use of highly-treated effluent from the City’s 3 advanced pollution control facilities. Total cost of the reclaimed water system implementation is estimated
at $71 million. The Master Plan identifies priority areas targeted to receive reclaimed water services, and allows some flexibility in providing the services as changes in customer
demand and redevelopment occur.
Rich Baier, and Public Utilities Director, Kevin Becotte, gave an overview of the Reclaimed Water Master Plan update, reporting on recent progress, master plan summary, funding summary,
and recommendations. Mr. Baier responded to questions, explaining how Pinellas County supports reclaimed water more heavily than does Clearwater, due to the County’s larger sewer program.
While all City areas will benefit eventually, Island Estates and Clearwater beach will see the first benefits within the City. Certain areas will not be connected with reclaimed water
due to their use of shallow wells. In response to a concern, Mr. Becotte explained using shallow wells for irrigation puts water back into the aquifer. It was indicated the focus of
SWFWMD funding is on those without shallow wells. Staff recommended approving the Master Plan for submission to SWFWMD, changing the proposed rate by ordinance, and actively promoting
community participation.
Discussion ensued regarding whether the City can produce 18 MGD in reclaimed water if citizens actively pursue potable water conservation. Discussion ensued regarding coordination
of services with Pinellas County, and whether imposing a non-resident surcharge in unincorporated areas would be an incentive to annex. Questions were raised regarding whether the number
of proposed customers can be served with the amount of reclaimed water that can be produced. Mr. Baier said the consultant has indicated they can. Discussion ensued regarding service
connections and rate for multi-family dwellings, lower outside water use on Island Estates and the beach than might be expected due to limited green space, a fixed fee for
commercial and industrial customers having less than 2 acres of green space, and an increased landscaping requirement under the new code. The number of rates will be limited initially
and can be adjusted later. Clearwater beach will be the last beach in the County with a reclaimed water program. Beach customers with shallow wells can be exempted from the access
charge if they can demonstrate their wells are operable. Mr. Baier responded to questions regarding approximate number, locations of shallow wells, and using a mechanism to incorporate
neighborhoods that are not currently slated to receive reclaimed water. Mr. Baier discussed the stormwater rate analysis and recent increase. He responded to questions regarding service
areas and priorities referenced in Table 1, Appendix D1. Due to an error found on Page 27, the page will be revised and replaced.
Approve Work Order to Camp, Dresser & McKee, Inc. to provide design services for Town Pond Project, for $554,279; authorize loan from Consolidated Cash Pool to fund cost of this project
until such time as bonds are issued
The Town Pond project proposes to expand the existing Pierce Street Pond stormwater facility, between Prospect Avenue and Ewing Street, north to Park Street. The Town Pond project
will: 1) increase storage capacity and stormwater system level of service in the downtown area; 2) resolve numerous flooding and aesthetic problems associated with the existing pond;
3) create a regional stormwater retention and treatment facility for downtown redevelopment; 4) establish a stormwater district which will stimulate economic redevelopment by reducing
obstacles and start-up costs to prospective businesses.; 5) improve aesthetics and create a park feature in downtown business area south of Cleveland Street; and 6) facilitate a public-private
partnership in financing infrastructure improvements through the creation of a stormwater district which accepts payments “in lieu of” for provision of stormwater services. The project
includes expansion of the existing pond facility, installation of water treatment features (circulation pumps, plantings, sediment removal structures, etc.), creation of fringe park
area with landscaping and pedestrian features around pond, creation of stormwater service district, and aesthetic tie-in with downtown and bluff themes.
Mr. Baier gave a brief presentation regarding the location, problems, and other issues with the existing pond. He highlighted what is and is not included in the work order, the design/construction
time frame, property acquisition issues, and amount of funding from the stormwater utility fee, private sector, SWFWMD, Brownfields, and Penny for Pinellas. He compared the existing
and proposed new pond with regard to storage volume, flooding problems, treatment, and aesthetics. Proposed expansion location and benefits of a regional retention district were discussed.
In response to a concern environmental benefits are not given enough priority, Mr. Baier said that is the basis for the project. He explained differences in the new pond design that
will improve aesthetics and result in little or no accumulation of algae and invasive plant species. He stated in response to a question, $2-3 million of the $3.8 million budget is
for cleanup. About $1 million is for land acquisition.
Approve Conceptual Approval Agreement with Florida Communities Trust (P2000 Program) for shared cost of acquiring property along Stevenson Creek for establishment of a preserve area
(Wolfe Preserve) as part of improvements & clean up of Stevenson Creek Estuary and for benefit of North Greenwood & Clearwater residents (Consent)
The Wolfe Preserve project proposes to acquire property on the north side of Stevenson Creek, east of the Douglas Avenue bridge for the preservation of a tidal marsh and development
of a passive recreation facility. The project will: 1) protect the last remaining tidal
marsh within the Stevenson Creek estuary; 2) create a passive recreation area along Stevenson Creek within North Greenwood; 3) Significantly protect and improve the environmental quality
of the Stevenson Creek estuary; and 4) improve aesthetics and create a park feature in the North Greenwood community. The project includes property acquisition, stormwater treatment
features installation, landscaped passive recreation area, parking and pedestrian features around the marsh, educational stations, and tidal marsh observation deck construction. Agenda
item approval does not authorize final property acquisition, only partnership with Florida Communities Trust to share property acquisition costs (50% match up to $140,000.) Property
purchase and commencement of any improvements will come forward as a separate agenda item.
Mr. Baier displayed an aerial photograph of the proposed preserve area adjacent the Marshall Street treatment plant near Stevenson Creek bridge. He stated total funding costs are not
available yet, but the dredge portion alone will cost $6.5 to $7 million. He hoped to get a matching grant from Preservation 2000.
The meeting recessed from 12:41 to 1:19 p.m.
Contract for Madison Avenue/Gould Street Roadway Improvements to Suncoast Development of Pinellas County, Inc., for $265,871.43; and Contract to PBS&J Construction Services, Inc., to
provide construction engineering & inspection services for $67,149.54, for total project sum $333,020.97
Earlier this year, the City of Clearwater entered into a Development Agreement with Information Management Resources, Inc. (IMR) to facilitate and expedite the construction of the IMR
Global Center on the City Hall Annex property. As part of this development agreement, the city agreed to perform certain infrastructure improvements to the road and drainage systems
serving the proposed IMR Global Center project. The award of this Contract to Suncoast Development of Pinellas County, Inc. will accomplish the following infrastructure improvements:
1) Madison Avenue – widen to 3 lanes with curb and gutter, from Cleveland Street to Gould Street; 2) Gould Street – widen to 3 lanes with curb and gutter, from Missouri Avenue to Madison
Avenue; 3) Excavate the stormwater retention ponds required for the IMR Global Center SWFWMD stormwater permit; 4) PBS&J Construction Services, Inc. will provide construction engineering
and construction inspection; and 5) This project will start on or about December 14, 1998 and will be completed within 120 calendar days.
In response to a question, Rich Baier said improvements are within the estimated budget. He noted this item also contains the contract with Post Buckley Shuh & Jernigan Construction
Services, Inc., to provide construction engineering & inspection services.
Discussion ensued regarding demolition of Memorial Civic Center and Beach Diner. Mr. Baier stated an item is being added to the agenda package for consideration Thursday. In response
to questions, he stated demolition of the Diner will begin after Mr. Chandler’s auction, within 46 days. The old Chamber of Commerce site at Drew Street and Osceola Avenue has been
fenced and building demolition begins today. He estimated 32 calendar days for completion. The site will be seeded, mulched, or sodded, depending on use. Some landscaping materials
may be relocated from the Civic Center site. He felt the chamber site could be finished before the upcoming Charlie Daniels concert in Coachman Park.
PLD PLANNING & DEVELOPMENT SERVICES
Variance(s) to Sign Regulations for property located (Easy Pick) at 2320 Sunset Point Rd., Sunset Point Estates, Blk B, Lot 18 & part of Lot 17 (Marco Cheaib, SV98-21)
The applicant is requesting variances to allow an additional single-faced, freestanding sign on a convenience store property. A single, freestanding sign (billboard) exists on the
property. When the property was purchased from Pinellas County in May, 1995, apparently the applicant was not informed the billboard was a non-conforming use. According to a County
representative, the sign may have conformed to code at the time of sale. The applicant has desired to remove the billboard for some time, but was constrained by an agreement with the
billboard company. The City has since settled litigation with the billboard company. The settlement includes a stipulation that all billboards are to be removed from the City within
18 months of October 13, 1998. An adjacent restaurant to the east blocks view of the applicant’s property from traffic traveling west on Sunset Point Road. The applicant has no practical
ability to advertise his location. The requested sign will be within current Land Development Code standards.
In response to a question, it was indicated a freestanding sign had been denied for this site. The same property owner has applied again.
(Cont. from 11/19/98) Public Hearing & First Reading Ord. #6348-98 - regarding new Community Development Code
The City’s consultants, Siemon, Larsen & Marsh, have completed the official draft of the new development code to replace the existing land development code. Many citizen groups, neighborhood
and professional organizations, local engineering, architectural, contractor/builder, and realtor associations have reviewed the new code. Comments and suggestions have been incorporated
into the proposed official draft. The new code has been developed to provide land development regulations that address community needs into the next century, and provide direction for
redevelopment and new development. The new code streamlines the development process and provides predictability and flexibility in a manner that creates adequate safeguards for surrounding
properties and neighborhoods.
The City Manager stated a complete executive summary of the new code will be available for Thursday’s meeting.
Discussion ensued regarding Community Development Board membership criteria, quorum requirements, chair appointment, and appeal process. Consensus was to compose the board of 3 lay
members and, wherever possible, 4 members with industry/professional designations. Consensus was to allow appeal of a Level One approval to be pulled from the consent agenda by a vote
of 4, rather than 5 members as provided in Section 4 504.B. A concern was expressed that Section 5 202.A providing for the City Commission to appointment board members could result
in the board becoming politicized. It was hoped Planning and Zoning Board and Development Code Adjustment Board members will be considered when seating the new board.
Planning Director Ralph Stone summarized the Neighborhood Conservation District elements and designation process found in Sections 4-608.C and .D. The City Manager stated two issues
are definition of neighborhood boundaries and establishment of public purpose before deciding on deed restrictions. It was stressed this provision will not affect, by imposing or removing,
deed restrictions. Consensus was to change Section 4 608.D.1 to provide that the petition to initiate the designation process for a particular area should be signed by 60% of the
property owners, not 50%, so the majority is clear. Mr. Stone suggested using a pre-application process to guide petitioners in preparing petition language to make it clear what they
are asking. Discussion ensued regarding relative values of health, safety, welfare, aesthetics, materials, and practices. The City Attorney agreed a pre-application process could help
the City determine validity of issues and whether they need to be addressed by code or deed restriction. Consensus was to add provision of a pre-application process in Section 4 504.
Discussion ensued regarding situations where the City would want to initiate an overlay district. The City Attorney said that was precluded by the way this language is drafted.
Discussion ensued regarding a reasonable time to allow a sign to remain on vacant rental property. Majority consensus was to change Section 6-104.A from 90 to 180 days.
Discussion ensued regarding the need to define and clarify vacant and abandoned property regulation, to clearly indicate the City is raising the bar on vacant building standards. The
changes requested by the Commission will be incorporated by Thursday.
In response to a question, Mr. Stone said paying a share of the cost for individual water meters would be more appropriately addressed through the utility department instead of the
code.
CM ADMINISTRATION
Approve $51,000 to complete financial/legal contract with Nabors, Giblin & Nickerson, P.A. for assistance in special finance issues associated with Gulf to Bay Corridor Enhancement Project
(Consent)
The City Manager stated this item will be deferred to the January meeting.
First Reading Ordinances
Ordinances re Charter revisions
First Reading Ord. #6371-99
The City Attorney reviewed minor changes in non-substantive language regarding City Clerk and transition schedule, noting where outdated language had been eliminated. She reviewed
the following proposed substantive charter amendments and responded to questions as indicated below:
First Reading Ord. #6372-99 – This ordinance proposes changes to sections concerning corporate existence and powers, performance of City functions, and participation in the financing.
First Reading Ord. #6373-99 – The City Attorney indicated this ordinance proposes to amend Sec. 2.01(d) regarding limitations on Commission power to eliminate charter restrictions on
purchasing of goods and services; to increase amount of dredging permitted without referendum; to permit the sale, lease or donation of real property for less than appraised value; to
limit leases of municipal property to 30 years; to eliminate the requirement of recapture and reverter clauses in leases; and make certain non-substantive changes. In response to questions,
she stated this amendment does not change the ordinance governing the sale of property to charitable organizations, and does not impact open space/recreation.
First Reading Ord. #6374-99 – This item proposes to amend Sec. 2.03 to permit a Commissioner or Mayor-Commissioner to serve two full terms in addition to any partial term, and to provide
that Commissioners shall be sworn in at the next Commission meeting following their election; and other non-substantive changes. Commissioner Johnson stated he will vote against this
amendment.
First Reading Ord. #6375-99 – This ordinance proposes amendments to the City Charter amending Sec. 2.07(e) and (f) to eliminate the Charter restrictions on Advisory Boards; amending
Sec. 3.03 (f) to require the City Manager to make annual comprehensive reports; amending Sec. 4.02 regarding City Attorney to eliminate certain requirements; amending Sec. 6.09 regarding
ordinances adopted by initiative or repealed by referendum; amending Sec. 8.02 regarding nonpartisan elections to address advertising under the control of the candidates. Discussion
ensued regarding changing City Attorney duties. No changes were recommended.
First Reading Ord. #6376-99 - This proposed amendment to Sec. 7.02 would change the composition of the Charter Review Committee to require that the charter amendments proposed by the
committee be submitted directly to referendum. One opinion was that a review committee composed entirely of citizens was more appropriate. One supported having a nominal number of
commissioners on the panel in case citizens don’t understand the process being described.
First Reading Ord. #6377-99 – This proposed amendment would repeal Article IX, Fiscal Management Procedures, to eliminate the requirement of a referendum for revenue bond projects in
excess of one million dollars. Some felt this article should not be changed as it protects the Commission by placing the decision in the voters’ hands. It was felt an understanding
at the Charter Review Committee’s rationale was needed.
City Manager Verbal Reports
Commission Discussion Items
(Cont. from 11/19/98) Taking position re Pinellas County Charter Revisions re increasing County Commission membership & future revisions not going to State Legislature
Commissioners indicated they do wish to take a position on both issues. Staff was requested to provide the proposed Pinellas County Charter Revisions and any background information
for Commission review.
Other Commission Action
Commissioner Clark reported the Pinellas Suncoast Transit Authority (PSTA) board split the vote at their last meeting regarding whether to continue prohibiting political advertising
on bus shelters. He expressed strong concern, stating he would write a letter to PSTA representative Roger Sweeney regarding negative advertising on transit buses regarding the Church
of Scientology. The City Attorney stated the church was equally appalled, the ad had been sold out of Miami, and Mr. Sweeney had not been aware of it. Commissioner Clark requested
support of a resolution due to come before the Commission regarding problems with PSTA bus stops being moved at Tyrone Square Mall.
Commissioner Clark said he will attend a meeting on Maderia Beach of the federal agency dealing with fisheries, to object to a proposal by commercial fisheries to close gag
grouper season to sport boaters and fishing enthusiasts. Consensus was to allow Commissioner Clark to represent the City Commission at this meeting.
Commissioner Clark expressed concern with a City sign at the Clearwater beach entrance being too large.
Commissioner Hooper gave a brief report on the National League of Cities annual conference in Kansas city, Missouri. He said cities all over the country are facing revitalization and
regional multi-city cooperation issues.
Commissioner Johnson requested an explanation of the Transforming Local Government conference being hosted by the City next May. It was indicated that the Innovations Group has joined
with Florida City & County Management Association (FCCMA) for annual conference supporting government.
Commissioner Johnson expressed concern the last Brownfields Advisory Board meeting was canceled due to lack of a quorum. He congratulated Eleanor Breland for her Summer Youth Employment
Program report, stating it is a fine program.
Commissioner Seel advised citizens and businesses to watch the old Atrium property take shape. She questioned a memo regarding mile markers and where they would be used. It was indicated
staff is investigating having mile markers made in the City’s sign shop for incorporation into the Gulf-to-Bay Boulevard improvement project.
Commissioner Seel expressed concern with survey results indicating that only 5% of the Garden Avenue Parking garage is used, especially since free parking is available there all day
Saturday. It was indicated in response to a question, that the Commission will hear a presentation regarding parking facilities for the beach gateway in about 90 days.
Commissioner Seel referred to an Innovations Group newsletter article regarding Brownfields residents and employment opportunities, and a letter about being more business friendly.
Adjourn
The meeting adjourned at 3:04 p.m.