08/31/1998CITY COMMISSION WORK SESSION
CITY OF CLEARWATER
August 31, 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.
Convene as Pension Trustees - 10:16 a.m.
Reconvene Worksession – 10:18 a.m.
PRESENTATIONS
Water Supply and Reclaimed Water Issues – Pick Talley, Pinellas County Utilities Director
Mr. Talley requested consideration of allowing the County to purchase reclaimed water from Clearwater’s Northeast plant. He said the County has run out of reclaimed water and had to
shut down for a day this summer. The Southwest Florida Water Management District (SWFWMD) is willing to provide a grant for part of the pipeline costs. He said a ten year commitment
would allow time to retire capital costs not supplied by SWFWMD. If the City felt the concept was reasonable, he would develop an agreement for the City’s consideration.
In response to questions it was indicated about 5 million gallons per day (mgd) of reclaimed water is produced at the Northeast plant. The County proposes buying 2 to 3 mgd. Clearwater’s
commitment to treat wastewater for Safety Harbor does not include returning reclaimed water. Concern was expressed that Clearwater retain enough reclaimed water to satisfy its customers.
Reclaimed water for irrigation is not expected in Countryside for 15 years due to low demand. Selling the water was felt to be better than dumping it into the bay. Consensus was to
proceed with drafting an agreement. The proposal would leave enough reclaimed water to meet City demand for ten years. Projections for bringing reclaimed water to various neighborhoods
were discussed.
Mr. Talley’s second proposal for Commission consideration was for the City to buy all its potable water from the County for less cost than the City pays for pumping and treating well
water. The County would purchase City wells it determined would be beneficial to the new
distribution system. About 8 mgd would be produced. The City would remain in the water distribution system. Decisions affecting SWFWMD and Tampa Bay Water Authority would be provided
for in this agreement. The City currently purchases 80 to 85% of its water from the County. While water taste is a personal preference, it was indicated the County’s water is better
than the City’s due to the County’s treatment methods and location of a number of City wells near the shoreline. Distribution charges to water users outside the City would not change.
Consensus was to proceed with drafting an agreement.
PUR PURCHASING
Brad Regan Tire Service, Inc., tire service during remaining portion of contract ending 12/31/98, increase of $25,000 for new total $50,000 (GS)
In response to questions, Purchasing Manager George McKibben said in-house tire service was discontinued because it was more expensive than contract service. Now a contract for tire
service is needed.
ConVault FL, Inc., above ground emergency generator fuel storage tanks to be used by East, Northeast & Marshall Street WPC facilities, $57,590.35 (PW)
In response to a question, Mr. McKibben explained buried fuel tanks are being dug up for plumbing replacement. While the hole is open, it was decided to replace the tanks that would
need replacement within two years. Temporary storage tanks will be needed during the transition.
EBSCO Subscription Services, extension, subscription service, 10/1/98-9/30/99 (LIB)
In response to a question, Mr. McKibben said subscription costs have been scaled back from $88,000 last year to $80,000 this year. Library Director Dr. Arlita Hallam stated in response
to questions that checking out periodicals created problems and was discontinued at staff’s recommendation. It was indicated the reference staff will provide an online catalog for magazine
research, upon request.
Pinellas County Board of County Commissioners, extension, misc. office supplies to be used by all departments, 10/1/98-9/30/99 (FN)
In response to a question, it was indicated this item is for paper and larger items. The City still uses Smith Wilson for small items. The City purchases about $250,000 in office
supplies from the County, $150,000 from Smith Wilson. A smaller proportion is spent at Office Depot for competitive prices and convenience.
BU BUDGET
Public Hearing - Penny for Pinellas Tax - approve revised recommended project listing totaling $132,090,901 to fund capital projects under remaining 12-year Penny for Pinellas plan
The City Manager’s recommended 1998/99 Capital Improvement Budget and the Penny for Pinellas Capital Improvement Project (CIP) plan include reallocation of Penny for Pinellas (infrastructure)
taxes to support many “One City. One Future.” projects. Included in the total funding is a contingency reserve of $5,057,502 representing 5% of the estimated revenue receipts under
the second ten-year period of penny receipts. Approximately $3,618,627 additional funds remain unallocated and available for future projects, primarily in the last few years of the
plan.
In response to questions, Budget Director Tina Wilson will provide additional information regarding cost of debt service, and payoff of the Vogel property. Discussion ensued regarding
potential reduction in interest earnings on the Special Development Fund, and $4 million allocated for Traffic and Pedestrian Improvements.
Public Hearing - Budget 1998-99
a) First Reading Ord. #6328-98 - Declaring the Millage Rate to be levied for Fiscal Year beginning 10/1/98 and ending 9/30/99, for operation purposes including pensions and debt service,
and road maintenance for capital improvement expenditures at 5.1158 mills; the levy of 5.1158 mills constitutes a 3.13% increase over the rolled back rate of 4.9607 mills
b) First Reading Ord. #6329-98 - Adopting an operating budget for Fiscal Year beginning 10/1/98 and ending 9/30/99; authorizing City Manager to issue instructions necessary to achieve
& accomplish service programs so authorized; authorizing City Manager to transfer monies & programs among departments & activities within any fund as provided by Ch. 2 of the code
c) First Reading Ord. #6330-98 - Adopting the Capital Improvement Program budget for Fiscal Year beginning 10/1/98 and ending 9/30/99; approving 6-year CIP which shall be reevaluated
at beginning of each fiscal year; authorizing City Manager is issue instructions necessary to achieve & accomplish the capital improvements so authorized; authorizing City Manager to
transfer money between projects in the CIP; appropriating available & anticipated resources for projects identified
Ms. Wilson responded to a question regarding the General Fund portion of property tax revenue.
ED ECONOMIC DEVELOPMENT
Public Hearing - Res. #98-43 - Adopting the City of Clearwater Enterprise Zone Strategic Plan
The Clearwater Brownfields Area is eligible for an enterprise zone designation as established in Chapter 98-75, Laws of Florida. The Florida Enterprise Zone Act of 1994 empowers and
requires the City Commission to adopt a strategic plan to guide future enterprise
zone development and growth. A draft Enterprise Zone Plan was sent to more than 50 businesses, organizations, and stakeholders operating within the enterprise zone. All comments were
incorporated into the final plan. Twenty-five letters of support for the plan were received. The Planning and Zoning Board endorsed the item at their meeting of August 18, 1998.
Brownfields Coordinator Miles Ballogg stated this is the third and final item needed to meet eligibility requirements for application to receive tax credits. The item does not expand,
but quantifies the target area. It was indicated Florida Trend magazine published a positive article regarding Clearwater Brownfields. The City Manager noted Brownfields-related economic
development is becoming a national issue. He praised Mr. Ballogg for doing a wonderful job running with this issue and dealing with involved agencies.
Res. #98-46 - Certifying Morton Plant Mease Health Care Foundation’s Family Health Center Project is consistent with local plans and regulations
The Morton Plant Mease Health Care foundation Inc., is applying for sponsorship under the Community Contribution Tax Credit Program, allowing sponsors to receive donations from corporations
for qualified projects, such as community development projects within the enterprise zone, and low income housing projects. Participating businesses may take a 50% credit on the amount
donated to an eligible sponsor on Florida corporate income tax, franchise tax, or insurance premium tax of up to $200,000 per year. The qualifying project for this sponsorship is the
30,000 square foot Family Health Care Center that will provide access to primary care physicians for chronic disease management, prevention, early detection, and family wellness care
at a single neighborhood location within the Clearwater enterprise zone. A resolution from the local government stating that the qualifying project is consistent with local plans is
required. The Family Health Care Center is located in the North Greenwood neighborhood on Myrtle Avenue, within the enterprise zone established by Resolution 98-28, adopted August 20,
1998. The Family Health Care Center is a component of the Enterprise Zone Strategic Plan endorsed by the Planning and Zoning Board on August 18, 1998.
Mr. Ballogg noted this is a good example of how the Enterprise zone will benefit the area.
SW SOLID WASTE
First Reading Ord. #6315-98 - Relating to removal of abandoned shopping carts or parts thereof from public property and from certain private property where visible from public property;
creating Sec. 20.81 to authorize such removal by the City Manager or designee; providing for storage of such property and notification to identifiable owners; providing exceptions
A problem exists with shopping carts abandoned on public and private property causing a nuisance and an eyesore that degrades the City’s aesthetic appeal. In the past, the Solid
Waste Department has collected carts abandoned on public property and in rights-of-way, but has not authorized staff to go onto private property. Solid Waste returns identifiable carts
to the appropriate store cost free and scraps unidentifiable carts. This program, operated as a service to customers, has not been adequate to remove all abandoned carts from public
view. Adoption of the ordinance will authorize staff to remove all shopping carts on public or private property visible from public property, return identifiable carts to their owners
and assess an appropriate fee to recover costs. The City Manager indicated the City does not want to become a shopping cart collection service.
Solid Waste Department Director Bob Brumback responded to questions, stating the City has been collecting abandoned carts and calling the stores for retrieval, but numbers and costs
have not been tracked. He would like to try continuing the practice at no charge as a public service, but if enforcement becomes a problem, or costs become excessive, the Community
Response Team may be called in and a charge considered. Staff was requested to monitor the situation closely.
PW PUBLIC WORKS
Contract for Aurel Street & Bay Esplanade Storm Line Replacement and Seawall Repairs, Steve’s Excavating & Paving, Inc., $63,800 (Consent)
This contract is to remove and replace the existing storm system, including structures, and to make repairs necessary to assure stability of approximately 41 feet of existing sea wall.
Work includes 271 feet of new storm system, structures and miscellaneous related work, and replacement of undersized 6-inch pipes and collapsing 15-inch pipes in the east portion; thereby
constructing a new drainage system without affecting the existing sanitary laterals. Removal, disposal and replacement of the damaged anchorage system behind existing sea wall, as an
addition to the sheet pile repairs, includes a new reinforced concrete sheet pile cap.
In response to a question, Public Works Administrator Rich Baier said the contract is insured or bonded not to affect the existing sanitary system.
Contract for construction of infrastructure improvements for 8 single family residences at Pierce Street & Evergreen Street, All American Concrete, Inc., $55,655.26 (Consent)
Construction of infrastructure improvements for 8 single family residences at Pierce and Evergreen Streets will include clearing and grubbing approximately 0.26 acres of right-of-way,
construction of roadway, potable water main distribution system, and a sanitary sewer collection system. The project is a Public/Private non-profit partnership through General Home
Development Corporation, Tampa Bay Community Development Corporation, and City of Clearwater Housing & Urban Development. City Public Works Administration provided final engineering
design services and will provide construction inspection at a total estimated value of over $10,000.00. This is a part of the City’s commitment to make affordable housing available
to Clearwater’s citizens.
A question was raised whether the construction would be done with CDBG funds. Staff will investigate and report before Thursday.
Joint Participation Agreement with Pinellas County, design, right-of-way acquisition & construction of Memorial Causeway East Bridge replacement (Consent)
The intention of the Joint Participation Agreement with Pinellas County is to provide for County participation in funding assistance to the City, in an amount not to exceed $10 million
of County local option sales tax funding. This grant will be paid to the City in two separate installments of $5 million each, over two consecutive fiscal years. The City embarked
on a design process which began in the Fall of 1994. Due to the far-reaching effect of the project, staff has held approximately 30 public forums to elicit community comment. This
process has resulted in the evaluation of 3 primary bridge routes, 14 bridge alignments, and various structural options. On June 27, 1997, the City Commission approved the Joint Participation
Agreement (JPA) between the City of Clearwater and the Florida Department of Transportation (FDOT) for design, right-of-way acquisition, and construction of the Memorial Causeway East
Bridge replacement.
In response to a question, Mr. Baier said the first $5 million payment will be in October, 2000. In response to a concern the County might withdraw if certain provisions are not made,
Mr. Baier said the County has a big concern with regard to parking, but the agreement contains no such clause.
Work Order for design engineering services for Gulf to Bay Pilot Project, to Post, Buckley, Schuh & Jernigan, $69,828 (Consent)
Revitalization of Gulf-to-Bay Boulevard is a key component in the City’s One City. One Future. blueprint, as enhancing the corridor will leave a positive impression on visitors and
residents. The pilot project, from Old Coachman Road to the US 19 overpass, will include decorative traffic signal mast arms, light poles, landscaping, artwork, and new signs as part
of the design. Scope of the pilot project work order includes structural member design (including mast arms and bus shelter,) landscape design, and decorative artwork on the US 19 overpass.
Public Works Administrator Rich Baier said $140,000 of the pilot project will be done in house. He reviewed the work order for design support, noting Post, Buckley, Schuh & Jernigan
(PBS&J) was the only firm available to do civil work at the time this item was prepared. The City will need to maintain close relationships with FDOT and business owners along the corridor.
A newsletter will be done to emphasize what the project will entail. He will bring a financing proposal to the City Commission within 45 days. It was indicated the pilot project is
important, as it sets the design standard that will be repeated along the length of the corridor for continuity, and will show how to make the road safer while improving aesthetics.
Street furnishings, equipment, and landscaping were reviewed. It is hoped property owners will participate in funding. In response to questions, it was indicated sidewalks can be
created with permanent color impregnated into the concrete, and bus shelters can be designed to reflect architecture at the Pier. The US 19 overpass will be cleaned up and painted to
create an attractive entryway. A bus shelter is included in the pilot project to set the standard for remaining shelters along Gulf-To-Bay Boulevard. The pilot includes underground
wiring. A hard budget has not been created, but Mr. Baier estimated underground utilities at $125,000.
Discussion ensued regarding cutting some features to reduce costs, items that can be bid separately, and items that will be done by the engineer of record. Concerns were expressed that
the prices be competitive, and directional signs be combined wherever possible. Mast arm design was discussed. Mr. Baier wanted to ensure the design can go forward, the theme is headed
in the right direction, and the property owners are okay with accommodating a 10 foot-wide landscaping buffer on their properties due to impacts on retail parking requirements. Working
with adjacent property owners to set standards makes the pilot take longer to finish. In response to questions, Mr. Baier said Florida Power will allow City staff to install underground
utilities. Finished sidewalks will be 1 foot wider than the existing.
The meeting recessed from 11:43 to 11:55 a.m.
CP CENTRAL PERMITTING
Presentation re Central Permitting Reorganization
Director Lorenzo Aghemo said Central Permitting, Clearwater Housing and Urban Development (CHUD), and Community Response Team are being restructured and consolidated under one umbrella
to avoid duplication of effort, and for better coordination of customer services. The proposed name for the department is Planning and Development Services. He reviewed effect of the
changes: 1) Building Inspection, Permits and Licenses will include Life Safety Code; 2) Planning Services will be added to perform the strategic and long term planning necessary for
the success of One City. One Future.; 3) Fire Inspection will still be done under authority of the Fire Chief, but coordinated with other inspections; 4) Engineering Services such as
tree, landscaping, and drainage review and inspection will be incorporated; 5) CHUD will be brought into the department as part of the planning effort; and 6) Code Compliance Services,
wherein the Community Response Team will enforce the development code through inspection and education. Mr. Aghemo reviewed recent improvements to customer service, amount and volume
of work, and number of employees. Other changes in motion include creation of escrow accounts and permits by fax for contractors who frequent the department. Permit application and
approval via the Internet are expected once provision for online credit card payment is established. Setting appointments for customized service, provision of a clerk/cashier, and ability
to accept credit card payments will save time for staff and the public. Inspection services will be marketed to other jurisdictions and interactive voice response provides for 24-hour
inspection requests. Implementation of the new land development regulations will improve customer service by providing certainty to developers that completed permit applications will
receive timely processing. Staff will have increased flexibility and discretion in the review process.
Concern was expressed that checks and balances be put in place to avoid having the public ask for specific staff who always gives them what they want. In response to questions, Mr.
Aghemo said the existing staff is appropriately professional, but more people are needed. Concern was expressed the new name emphasizes planning, rather than permitting, which could
be frustrating to the general public wanting to pull permits. Discussion ensued regarding how to identify and cross reference services so the public can easily find answers to their
needs. A suggestion was made to parenthetically include permitting in the telephone book listing.
Public Hearing & First Reading Ords. #6314-98 & #6317-98 - Annexation & RS-2 Zoning for property located at 2355 Nursery Rd., Pinellas Groves, Sec. 19-29-16, SW¼, part of Lot 18 (Kim
B. Wong, A98-24)
The applicant requests annexation of the single family residential property to obtain City sewer service. An extension from the sewer line connection existing at Nursery Road will
be required. The applicant will be responsible for cost of the extension.
In response to a question, it was indicated the Planning and Zoning Board endorsed the request at their meeting of August 18, 1998.
Public Hearing & First Reading Ords. #6322-98 & #6323-98 - Land Use Plan Amendment to Institutional & P/SP Zoning for proposed church expansion at 1014 Pennsylvania Ave., Palm Park Sub.,
unnumbered block, Lots 26 & 27 and parts of Lots 25, 28 & 29 (Mt. Carmel Baptist Church of Clearwater, Inc., LUP98-08, Z98-10)
The applicants are requesting rezoning and land use plan amendment to modernize a church located at 1014 Pennsylvania Avenue, expanding it into the adjacent vacant site. The proposed
expansion will add classrooms, offices, a family life center, multipurpose fellowship hall, and recreation area for more than 80 children. The Planning and Zoning Board endorsed the
requests at their meeting of August 18, 1998.
In response to questions, it was presumed the current parking can accommodate the proposed new uses. Records indicate the property onto which the expansion will occur is not on the
tax rolls because it has been owned by the church for a long time.
Public Hearing & First Reading Ords. #6324-98 & #6325-98 - Land Use Plan Amendment to Residential High & RM-28 Zoning for property located at 1370 Gulf Blvd., Sec. 19-29-15, M&B 14.04,
14.05 & 14.06 (Amza D. Abdullaj & Clearwater Sand Key Club 1 Homeowners Association, LUP98-07, Z98-09)
The applicants are requesting rezoning and land use plan amendment to construct high rise condominiums at 1370 Gulf Boulevard, a site currently developed with the Gallery Restaurant.
The preferred land use in this district is multiple family development. Land use plan amendment for the .96-acre site is not subject to Pinellas Planning Council (PPC) review.
The vote on the Planning and Zoning Board’s endorsement was requested. Staff will provide the information for Thursday.
Public Hearing & First Reading Ord. #6331-98 - Relating to LDC; amending Sec. 35.11, various sections in Ch. 40, & 41.053; and creating Sec. 41.281 to establish standards for the siting,
design, maintenance, and use of telecommunications towers and antennas
The federal Telecommunications Act of 1996 contains provisions related to local zoning of telecommunications towers, antennas, and related facilities. It is recommended that the City’s
Land Development Code be updated to reflect these federal provisions, as well as to set forth specific design standards for the facilities and to encourage their joint use through
collocation. The current zoning provisions do not specifically address telecommunications towers and antennas; they are treated as “utility facilities” with regard to location and as
any other structure with regard to height, setback, and other dimensional requirements. Language allowing towers as conditional uses in the beach commercial zoning district (Section
40.365) that was inadvertently included in the Receipt and Referral version has been deleted from this version.
Discussion ensued regarding a letter from Bill Jonson making recommendations on the item. Concern was expressed that 60- to 80-foot towers are not feasible or reasonable. Assistant
City Attorney Leslie Dougall-Sides said the letter raises a number of valid issues. She questioned whether to refine the item with Mr. Aghemo now, or wait until the new development
code comes forward. She agreed 60- to 80-foot towers would not be sufficient. While concerns were expressed with timing of the ordinance approval, due to the stream of tower applications
being filed, Commissioners were reluctant to act on amendments the Planning and Zoning Board has not reviewed because of their abbreviated Summer meeting schedule. Consensus was to
agenda first reading for Thursday with the understanding changes may occur.
CLK CITY CLERK
Amendment to State Lobbyist Contract
The City Manager stated he has been pleased with the lobbyists’ efforts as the City more aggressively pursues grants. City Clerk Cynthia Goudeau affirmed the increased grant work is
outside the scope of the lobbyists’ current contract, but they have chosen not to invoke the clause providing for them to bill the City for extra services. The proposed amendment would
put them under contract for an entire year. Consensus was to place this item on Thursday’s consent agenda.
Legislative Package - 1999
The City Clerk said a different tack is being taken than what was done in the past. Legislators will still support and oppose some issues, but the major emphasis will be on appropriation
efforts. A suggestion was made to follow IRS standards for mileage reimbursement. Ms. Goudeau said the City formerly mirrored the State standards, but recently changed the ordinance
to say the City would follow State standards. She responded to a question regarding support of youth programs getting money through the tobacco industry. It was indicated immunity
for liability will be reintroduced and has a good chance this year.
Other Commission Action
Commissioner Clark questioned whether the issue of Commission compensation will be visited this year. The City Clerk said it is too late to begin the process, because the adoption
date would need to be September 9, in order for the ordinance to be in effect six months prior to the election. Commissioner Clark expressed disappointment the issue cannot be addressed
again for two years. Commissioner Johnson was distressed that he had raised the issue two months ago and nothing was done.
Commissioner Johnson questioned whether the City collects stormwater fees from any Federal agencies in Clearwater. Staff will research and report. He questioned status of drainage
improvements in Northwood Estates. Rich Baier reported the item is out for bid now and will come forward in October. Previous work in the area related to pipe replacement. Commissioner
Johnson recommended notifying every family within an area where traffic calming is proposed.
Commissioner Seel said the Harborview Center press release was good, but should have come out sooner due to the event schedule. She reported receiving a call on behalf of a candidate
who was concerned that campaign signs picked up by the City are now being stored in an inaccessible location. She questioned whether Clearwater is the only City where signs are not
allowed in rights-of-way. The City Attorney replied it is a common prohibition, but other cities may not enforce as aggressively. The City Manger requested investigation of a more
accessible location for storing the signs. Commissioner Seel referred to a letter from Gloria Mitchell complaining she had received a ticket for parking her car in an area reserved
for motor homes and motorcycles. It was felt Ms. Mitchell’s point was valid, that cars are restricted from parking in the most visible location on the beach. The City Manger said a
complete analysis of parking along Gulf Boulevard is being prepared.
Adjourn
The meeting adjourned at 1:03 p.m.