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05/02/2005 WORK SESSION ONLY ITEMS Work Session Agenda learwater City Council Work Session - Monday, May 2, 2005 9:00 AM Presentations 1. Police Recruits Swearing In Ceremony Purchasing 1. Gas Materials - Meters and Regulators during the period May 6, 2005 through April 30 2006 at a cost not to exceed $125,000 from American Meter Company, Avon Park, Florida. 2. Polymer during the contract period May 6, 2005 through May 31, 2006 at a cost not to exceed $183,701 from Polydyne Inc., Riceboro, Georgia. Equity Services 1. Appoint Stuart Jonap, representing Morton Plant Hospital, to the Senior Center Task Force. Fire and Rescue Department 1. Approve the hiring of two new FTE's for the Fire Dept. 's Prevention & Investigation Division at an estimated annual cost of $109,360 and a current year estimated cost of $41,380. Parks and Recreation 1. Establish new non-resident fees for non-residents to participate at City recreation facilities and in City recreation programs and activities; establish new formulas for the purpose of computing fees for non-residents; approve City Manager or his designee to administer the formulas; and pass Ordinance 7389-05 on first reading. 2. Approve a three-year Lease Agreement from May 1, 2005 to April 30, 2008 between the City of Clearwater and 688 Skateshop, Inc., to provide for the operation and management of the pro shop at the Ross Norton Extreme Park located at 1426 S. Martin Luther King Jr. Avenue and authorize the appropriate officials to execute same. 3. Approve Agreement between the School Board of Pinellas County and the City of Clearwater for a term from June, 2005 through May, 2006 for the City to utilize Pinellas County School buses at a cost of $.90 per mile plus $18.20 per hour, for a total estimated cost of $40,000 and authorize the appropriate officials to execute same. 4. Award a contract for interior renovations of The Long Center (04-0061-PR) to Angle & Schmid, Inc. of St. Petersburg, Florida, in the amount of $820,608 which includes base bid, alternates 1, 2 and 3 and a 10% contingency, amend the scope of project 315-93232 to reflect these renovations and amend professional services contract with Wade-Trim and Associates to provide for construction management for this project for $46,154 and authorize the appropriate officials to execute same. Police 1. Approve a five-year "Interlocal Agreement for Information Sharing" permitting the Clearwater Police Department and other participating law enforcement agencies within Pinellas County to share information and provide effective crime analysis and crime prevention information for Pinellas County residents, and that the appropriate officials be authorized to execute same. Work Session Agenda 05-02-2005 - Rev 1 Page 1 of 3 2. Approve the "Thinkstream Criminal Justice Information Systems Law Enforcement Network Agreement, n which is required to facilitate the Thinkstream interagency law enforcement data sharing project in Pinellas County for a term ending January 1, 2009, and that the appropriate officials be authorized to execute same. Engineering 1. Approve the McKim & Creed work order in the amount of $331,300 for engineering design services in expanding the City of Clearwater Reclaimed Water System to serve residents in the Morningside area in the southeastern portion of the City (05-0022-UT), and approve the Cooperative Funding Agreement with the Southwest Florida Water Management District (SWFWMD) which provides reimbursement of project costs up to $2,250,000, and that the appropriate officials be authorized to execute same. Official Rec and Legislative Svc 1. Appoint two members to the Brownfields Advisory Board with the term expiring on May 31,2009. 2. Appoint one member to the Parks and Recreation Board with the term expiring on May 31,2009. City Attorney Item #2 is pulled. 1. Adopt Ordinance 7378-05 on second reading, vacating the north one-half of a portion of Dempsey Street from the Southeasterly corner of Lot 17, Block 2, Lake Belleview Addition, to the west right-of-way line of Pomelo Avenue, subject to a Drainage and Utility Easement which is retained over the full width thereof. 3. Adopt Ordinance 7404-05 on second reading, annexing certain real property whose post office address is 2723 S.R. 580 into the corporate limits of the City, and redefining the boundary lines of the City to include said addition. 4. Adopt Ordinance 7405-05 on second reading, amending the future land useplan element of the Comprehensive Plan of the City to designate the land use for certain real property whose post office address is 2723 S.R. 580, upon annexation into the City of Clearwater, as Residential/Office General. 5. Adopt Ordinance 7406-05 on second reading, amending the zoning atlas of the City by zoning certain real property whose post office address is 2723 S.R. 580, upon annexation into the City of Clearwater, as Office (0). 6. Adopt Ordinance 7407-05 on second reading, annexing certain real property whose post office address is 150 McMullen Booth Road into the corporate limits of the City, and redefining the boundary lines of the City to include said addition. 7. Adopt Ordinance 7408-05 on second reading, amending the future land use plan element of the Comprehensive Plan of the City, to designate the land use for certain real property whose post office address is 150 McMullen Booth Road, upon annexation into the City of Clearwater as Residential IOffice Limited. 8. Adopt Ordinance 7409-05 on second reading, amending the zoning atlas of the City by zoning certain real property whose post office address is 150 McMullen Booth Road, upon annexation into the City of Clearwater, as Office (0). 9. Adopt Ordinance 7413-05 on second reading, amending the Community Development Code. Work Session Agenda 05-02-2005 - Rev 1 Page 2 of 3 10. Adopt Ordinance 7414-05 on second reading, annexing certain real property whose post office address is 2060 Evergreen Avenue, into the corporate limits of the City, and redefining the boundary lines of the City to include said addition. 11. Adodpt Ordinance 7415-05 on second reading, amending the future land use plan element of the Comprehensive Plan of the City, to designate the land use for certain real property whose post office address is 2060 Evergreen Avenue, upon annexation into the City, as Residential Urban. 12. Adopt Ordinance 7416-05 on second reading, amending the zoning atlas of the City by zoning certain real property whose post office address is 2060 Evergreen Avenue, upon annexation into the City of Clearwater, as Medium Density Residential (MDR). 13. Adopt Ordinance 7427-05 on second reading, vacating the fifteen-foot alley lying along the south property line of Lot 1, Block 45A, Mandalay Subdivision, subject to a drainage and utility easement, which is retained over the full width thereof. 14. Adopt Ordinance 7428-05 on second reading, vacating the east five feet of the ten-foot utility easement lying along the west property line of Lot 32, Cedar Heights subdivision. 15. Adopt Ordinance 7429-05 on second reading, vacating a portion of the thirty-foot right-of-way of Fifth Avenue North, bounded on the west by the northerly extension of the west property line of Lot 9, Block 49, Chautauqua on the Lake, Unit 1, Section A, and bounded on the east by the west right-of-way line of Lake Shore Drive. Other City Attorney Items City Manager Verbal Reports 1. Drew/Union Reclaimed Water Pumping Station Site 2. Workshop Follow-up to Charlie Siemon Presentation Council Discussion Items 1. MPO/PSTA Transportation Issues 2. November 17 Meeting Other Council Action Adjourn Presentation(s) for Thursday Night 1. Ruth Eckerd Hall Update - Robert Freedman, CEO 2. Sister Cities Delegation from Nagano Work Session Agenda 05-02-2005 - Rev 1 Page 3 of 3 LL o >- >- o Interoffice Correspondence Sheet To: From: Mayor and Council members Cyndie Goudeau, City Clerk @ Bill Horne, City Manager; Garry Brumback, Asst. City Manager; Pam Akin, City Attorney April 29, 2005 CC: Date: RE: Revisions to Agenda Packet for May 02,2005 The following changes/additions are provided: · Revised Work Session Agenda - Rev 1 - 05-02-05. · Presentations-1 -- Police Recruits Swearing in Ceremony -Item added to Agenda. · CRA Agenda -Item added to Agenda and Paperwork provided. . CRA-1 - Approve professional services contract to conduct an analysis of the future tax increment that will be generated in the original and expanded CRA boundaries - Item added to Agenda and Paperwork provided. · CRA-2 - Approve first amendment to Agreement for Development and Disposition of Property (Station Square Development) - Item added to Agenda and Paperwork provided. · ES-1 - Appoint Stuart Jonap, representing Morton Plant Hospital, to Senior Center Task Force -Item added to Agenda and Paperwork provided. . PR-4 - Award a contract for interior renovations of The Long Center (04-0061-PR) - Item added to Agenda and Paperwork provided. . CA-2 -Item pulled. · CM Verbal Reports-1 - Drew/Union Reclaimed Water Pumping Station Site - Item added to Agenda. · CM Verbal Reports-2 -- Workshop Follow-up to Charlie Siemon Presentation - Item added to Agenda. · CDI-1 -- MPO/PSTA Transportation Issues -Item added to Agenda. · CDI-2 - November 17 Meeting -Item added to Agenda. · Presentation(s) for Thursday Night -Items added to Agenda. 1. Ruth Eckerd Hall Update - Robert Freedman, CEO 2. Sister Cities Delegation from Nagano Memo to Council for 05-02-05 Work Session - revisions.doc J.J.l.-L-p.ll " ,to n ...:'IPU.llJ.\,.".\,.V11U ..:..vVJ/VJ/V.if 11\..",::> .-lJ.lJ 0ldLCI r Idll_~C;;l~_lCg1.~l. e1lL ~tlJtttrSbufg aci~ONLlNE TAMPA BAY J. " :.',. .j'<":~:'~,l~<"i":"{;":' ...... \.:,..~" .:.,,(.'" ~ Ptace Q Mother's Oay Message todaY and you could - win Q gift certifl.CQte to SheHs SeaIood restau.rants! vVeather I SPOl1~ I Forums I Comics I Classitieds I Calendar I Movies Plan sets legislative fireworks Some cities and counties have stricter rules on fireworks sales than state law. A Senate amendment wouldn't allow them. By LUCY MORGAN, Times Tallahassee Bureau Chief Published May I, 2005 TALLAHASSEE - Florida's fire chiefs are taking aim at a legislative proposal that would prohibit cities and counties from banning the sale of fireworks. "It is the first step toward the total legalization offireworks," said Larry Scovotto, executive director of the Florida Fire Chiefs Association. State fire officials fear the move would put more Floridians at risk. "It's all better left to professional displays," said Gerard Chalmers, a district fire chief in St. Petersburg. "It's like firing a gun in the air: When something goes up, it has to come down." Fireworks manufacturers already flout a weak state law that allows the purchase of fireworks by anyone willing to sign a statement saying they are using the fireworks for agricultural purposes or as railroad flares, Scovotto said. After repeated attempts to pass a more stringent state law, fire officials in Florida turned to counties and cities with proposals to outlaw fireworks, saying the proposals are needed to cut down on accidents that kill and injure hundreds of people every year. Scovotto noted the death of one Rockledge teenager and the injury of another earlier this year when a pickup filled with fireworks ignited and crashed. Pinellas County passed a law in 2003 making it difficult to buy anything but sparklers and smoke bombs in the county, but Hillsborough County continues to allow the sale of fireworks. Pasco County considered a fireworks ordinance earlier this year but deemed it unenforceable and dropped the issue. Pinellas County Commissioner Susan Latvala said she at first objected to regulations but changed her mind after dozens of residents told stories of frazzled pets and injured children. "What's the point of home rule if they can overrule everything we do?" she asked. "The whole point is lof;;"'" 5/1/2005 10:53 PM. different communities have different standards, and in our case there was huge, huge support to do this. " Sen. Carey Baker, R-Eustis, filed the fireworks amendment to fire prevention bill (SI08) late Friday afternoon. The bill is sitting on the Senate calendar ready for a vote this week. Baker's amendment says "to ensure uniform fire prevention and safety standards" counties and cities may not enact regulations that supersede state laws regarding the purchase, sale and use of fireworks and sparklers. Scovotto said the fire chiefs tried to persuade Baker to drop the amendment but failed. "There is a lot of money to be made in selling fireworks," Scovotto said. Lobbyists for several fireworks companies have been pushing to allow more widespread sale of fireworks around the state. Asked about the amendment Saturday, Galaxy Fireworks lobbyist Guy Spearman said, "I probably know something about it. It's a pretty good amendment. " Spearman is a veteran lobbyist practiced in the art of inserting last-minute amendments in bills during the final days oflegislative sessions when hundreds of bills are passing with little scrutiny. He said the amendment was considered by the Senate Banking & Insurance Committee and withdrawn before a vote was taken. Legislative rules forbid consideration by the full Senate of an amendment that has been defeated in committee. "It's not all one-sided. Fireworks manufacturers are a legitimate business," Spearman said Saturday. "We fight to a standstill every year. " Other lobbyists working for fireworks companies include Ron Book;M~OOiwt~llison Carvajal and Chris Floyd, a former aide to Senate President Tom Lee. . - Several other bills that would loosen the restrictions on the sale of fireworks remain stalled in committees. Staff writer Alex Leary contributed to this report. FIREWORKS REGULATIONS Under state law, the use of exploding or rocketing fireworks is limited to professionals. However the state allows a few exceptions for unusual circumstances, such as frightening birds away from farms and fish hatcheries. Many retailers post the law and require their customers to sign a form saying they have read it before making a purchase, but the law is routinely disregarded. Some local governments have implemented tougher rules. PineIlas County, for instance, requires sellers to get permits to operate and keep records showing that each customer has a special fireworks permit. 2 0[3_ 5/1/2005 10:53 PM 5. In response to this query the City Manager asked me to detail the items of discussion: a. Transparency and perceived fairness of the development review process (DRC and CDB) [related to the FLC Conference session on quasi judicial process] b. Establishment of a neighborhood resource center for understanding of the quasi judicial process. c. At the December 10, training session Mr. Siemon reported that there was an intent to evaluate the code after three years or so and modify it to align it as necessary. We have gone six years without a major review. He expected changes would be required with such a revolutionary code. d. Original objectives vs. results i. "Not what you do, but how you do it" - the results of much built recently vary greatly in quality. 11. "Harmony or mutual benefit" It should be a two way street where both the property owner and the adjoining neighbor BOTH benefit. "Different interests are not adverse to each other." 111. "Need to make the process reward the outcomes you desire. " IV. "The developer wants to be able to go to staff and resolve issues and be reasonably sure of final approval and do this quickly." The process was intended to speed the development approval process, instead it seems to have slowed the process. v. Intended to change the character of the city by de- emphasizing the automobile. e. Financial feasibility justification - Siemon: "City needs to ensure that independent evidence is obtained." f. Real intent for infill was for special circumstances, not the run of the mill application. Shouldn't it require more documentation or evidence, and more review to obtain this additional variance? g. Siemon: "The remedy to bad decisions is to change the policy _, not to change things at the decision level." We fundamentally have not given the policy guidance to the CDB. 6. Specific Code Changes a. CDB members should be citizen residents. LDR Follow up to Charlie Siemon discussion 050502 Printed 5 b. CDB terms should be shorter so that they can be more accountable by not being reappointed. c. I would remove residential infill from Level One approval. LDR Follow up to Charlie Siemon discussion 050502 Printed 3:58 City Manager: So is there guidance coming this way on the next meeting or is there a workshop. I just need to know what we are planning. Mayor: It is more appropriate for a workshop. City Manager: Yea, I think that is what I am hearing. How soon do you want to do it? Mayor: I am sensitive to the fact that we are trying to get this Old Florida District squared away. Obviously this means more staff work. 3:58 Ms. Taripanni: Well actually we do have the PPC engaged to look at the process side. They are not looking at substantive Issues. They are looking a process side. We expect that this week as soon as Mr. Home - I will be sending a letter through him that describes what the PPC is doing. But basically, what they are doing are three steps: 1. Look at other cities and comparing ourselves - How many cases do we have per planner? How much more complicated or less complicated are our's. 2. Development community survey to get at what seems to be the problem, what are the issues that they think we need to deal with. 3. Recommendations. It depends on how quickly you all want to move forward on this. PPC is doing some of that analytical work now on the process part. They are soley looking at the process not the substantive issues. City Manager: So there is a chance that we will be able to move a little bit faster than what? Mayor: So within the next month and a half or so? City Manager: I'll get with Cyndi. Mayor: And we also have the visioning going on. Jonson: What is the Chinese curse? "May you live in interesting times." These are "very interesting times." I do appreciate everything that we are trying to move forward on. At the same time, if this were an average city we wouldn't even be attempting this. 4:00 Mayor: Some of it needs to be addressed before it is too late. March 14, 2005 Clearwater Council Work Session Unofficial transcript from videotape At 3:47 (time displayed in the lower right hand corner of the TV screen.) Jonson: I don't have anything else specifically on the Old Florida District. But I would like to take a few minutes to talk about the process following the Charlie Siemon discussion. I will set aside that til we have. . Mayor I think we are done on Old Florida, so if you want to transition. Jonson: (Began discussion using photographs - see notes) 3:56 Jonson: I would like to ask that we consider that. Mayor: Any thoughts? 3:56 Jonson: Basically "that" being to have a follow up on the discussion that we had with Charlie Siemon. Mayor: I don't have a problem with that. There are some other things with the code that I think we need to address as well. I would welcome that opportunity. Doran: I agree. Mayor: It has been long enough, we need to get on a schedule of looking at things that need to be fixed. We knew that it was a complicated code to start with some things I think need to be simplified and tightened up to make it easier on the Planning Department and hopefully result in better projects. And less ambiguity. Doran: I think we have to recognize that the code that we have is a labor-intensive code. We have to give guidance over on this side, that if we need more people to do the work we aught to get more people to do the work. It is not always that FET is a bad thing. Sometimes we really need FEY's to get the job done for the people that live, work and play in Clearwater. And I think that this is one of those areas that is part and parcel of the discussion that we need to engage in over the next few months. Mayor: Agree. Good. Page 1 of 4 ev~ Neff, Andrew From: Neff, Andrew Sent: Friday, April 29, 2005 3:45 PM To: Horne, William; Brumback, Garry; Goudeau, Cyndie; Arasteh, Mahshid Cc: Manni, Diane; Quillen, Michael; Barrett, Earl; Petrie,Todd; Badami, Louis; 'bheath@mckimcreed.com'; 'slee@mckimcreed.com'; 'millerj@pcsb.org'; 'pcassel@pinellas.co.f1.us'; Matthews, Douglas E.; Castelli, Joelle Wiley Subject: RE: Response to: Reclaimed Water Station site on School Board Property-I OPPOSE One point of clarification on the potential revised site location requested from the School Board-proposed new site is adjacent along Union St. at the north western edge of the existing school adjacent to the Ciulla property. -----OriginaJ Message----- From: Neff, Andrew Sent: Friday, April 29, 2005 11:27 AM To: Horne, William; Brumback, Garry; Goudeau, Cyndie; Arasteh, Mahshid Cc: Manni, Diane; Quillen, Michael; Barrett, Earl; Petrie,Todd; Badami, Louis; 'bheath@mckimcreed.com'; 'slee@mckimcreed.com'; 'millerj@pcsb.org'; 'pcassel@pinellas.coJl.us'; Matthews, Douglas E.; Castelli, Joelle Wiley Subject: Response to: Reclaimed Water Station site on School Board Property-I OPPOSE This reclaimed water booster pump station is part of the Drew/Union Street Reclaimed Water Distribution project. Two booster pump stations are needed to maintain reclaimed water system pressures on the eastern side of Clearwater since the pipeline running from the NE Plant down McMullen Booth Rd is a low- pressure transmission line. The reclaimed water must be pumped at Union St and in the Del Oro area (Del Oro Park) to enable appropriate pressures to be maintained. To disinfect the reclaimed water controlling growth of algae and bacteria growth the pump stations include supplemental sodium hypochlorite (bleach) tanks and feed systems. The Drew/Union St. project design started in May 2001 with the first phase (placing the pipelines in the ground) now complete. We are now finalizing the second phase with the two booster pump stations. The project is funded in part using Southwest Florida Water Management District (SWFWMD) funding in support of reducing potable water irrigation demands replacing that demand with reclaimed water. The project value is about $4.93M for the first phase and about $2.4M for the booster pump stations (which are part of a separate project for reclaimed water service in the Del Oro area). If a site can not be found for the pump station serving the Union St. portion, then approx. $1.5M in reclaimed water piping in the Union St. area will not receive sufficient pressures to properly operate the system. Significant time and effort has been spent pursuing a location for the Union St. Pump Station site. Discussions with property owners in the area began in May 2002. Discussions with the Pinellas County School Board began in August 2002. No one was willing to discuss selling or otherwise providing property for a site except the School system and we've been discussing the site location with the School system since that time. The School Board provided the site now being discussed with the BOCC. The BOCC is required to approve the siting. The zoning is AE (Agriculture Estate Residential District with 2 acre min development of any kind). A Utility substation is allowed under this designation as a conditional use. Discussions began with the concerned citizens (Sandy, Diane and Jim Ciulla, adjacent property owners) began on March 3rd with the Zoning Board Examiner's Hearing. Concerns they raised (with responses provided at the meeting) included: · Unfamiliarly with Reclaimed Water and perceived health risks associated with reclaimed water 5/2/2005 Page 2 014 (response: Reclaimed water was explained and it was stressed the reclaimed water would remain in pipelines) . Noise from the pump station (response: Noise from the building would not exceed county ordinance) . Appearance of the pump station (response: The pump station was planned to be architecturally compatible with the adjacent school buildings) . Concern over electrical wiring associated with the pump station (response: Electrical wiring is planned to be underground) Subsequent conversations with the Ciulla's involved concern over reclaimed water being stored in the stormwater retention pond and concern over noise from the AlC unit. It was explained that no reclaimed water was being stored in the pond and the AlC unit was relocated further away on a different side of the building. The Ciulla's were offered and visited the County's McKay Creek Reclaimed Water Pump Station--a facility much larger than the one proposed by the city. They also visited our RO Water Treatment Facility on April 11th. The Ciulla's became concerned over odors from the sodium hypochlorite (bleach) room. To alleviate their concern, the differences in facilities were addressed including the larger quantities stored at the RO Plant, designed in ventilation system in the Union 8t. Reclaimed Water Pump station (the RO Plant sodium hypochlorite room is a converted gas chlorine facility) and the fact that when the liquid bleach is transferred, there's a vapor capture system in place to remove fumes. On March 17th, Commissioner Latvala's office requested info on the proposed facility. Concerns included the retention pond (it will be a dry pond), concern over fencing (we informed the Commissioner the facility would be fenced) and that the facility was sited furthest away from adjacent property owners as we could. Since that time, we rec'd the following e-mail outlining some of the original concerns as well as some new ones. In direct response to the e-mail below, the following comments are offered: 1. The design and layout of the pump station is intended to reduce noise as much as possible and meets county code. The county code requires 50 dba at the property line--about the intensity of a normal conversation. Based on additional conversations with the Ciulla's, the design will be modified even further in an attempt to reduce any noise as much as possible. A sound absorbing plenum will be installed which will enclose the ventilation louver on the North facing wall to block noise leaving the building. Sound near the property line is anticipated to be about 40 dba. Tree planting and the privacy fence along the property line should further reduce noise. 2. The pump station is architecturally similar to adjacent school buildings, is about the size of a 2000 SF home and will have perimeter landscaping to blend in to the community. 3. The pump station is not being placed between the school and the property in question. There are some trees between the rear of the Ciulla's property and the proposed pump station, and these are intended to remain along with landscaping. 4. Many variables affect property values and our research into property values near our existing facilities shows we can not with any certainly pin point a relationship between proximity and value. 5. With regard to potential spills, the liquid bleach is contained in an enclosed tank with secondary containment within the facility. Leak detection is being provided for response to any leak. As discussed previously, transfer of bleach from the truck to the tank is accomplished within the facility with vapors captured and recycled back to the tank on the truck. Todd Petrie, Brent Heath from McKim&Creed (design engineers) and I met with the Ciulla's on April 26th to discuss their concerns. Their concerns centered on the following: . Property valuation-- (response: This is difficult to determine. Many variables affect property values and our research into property values near our existing facilities shows we can not with any certainty pin point a relationship between proximity and value.) . 150 Foot evacuation zone if there was a spill of bleach (ERG 154) (response: The DOT Emergency Response Guide (ERG) is a document for emergency responder personnel geared towards 5/2/2005 Page 3 of 4 transportation related events. The Ciulla's specifically referenced REG No. 154, which is the guide for sodium hypochlorite solution (bleach). This guide does not reference evacuation requirements as stated in the below e-mail. In the Guide's Public Health section, it states" As a immediate precautionary measure, isolate spill or leak in all directions for at least 150 feet". Any spill or leak at the pump station will be contained within the pump station building. Additionally, the ERG contains a table of Initial Isolation and Protective Action Distances that lists requirements for evacuation in the event of a spill or leak for various listed materials. Sodium hypochlorite is not one of them. . Gas venting from the facility/truck-- (response: Explained the bleach would be contained within the facility although some vapors would escape from the roof vents. Vapors from the transfer of the liquid from the truck to the tank were captured in the truck tank. . Concern over trees being destroyed when th'e facility is built--(response: Discussed with our Landscape Architect. Plan to visit the site with our Landscape Architect and discuss with the Ciulla's next week) . Desired the site be moved away from them--anywhere but directly behind them--contacted Jim Miller to discuss. I asked Mr. Miller if the School Board would consider siting along Union St. on the western edge of the school property in lieu of this proposed site. The Ciulla's indicated to us at the meeting they would not oppose this site location. We plan to meet with the Ciulla's next week to further discuss their concerns including clarification of ERG 154 and their concern over potential damage to trees. I've attached an outline of the efforts spent to locate a property on which we can place this booster pump station and a site map of the building FYI. -----Original Message----- From: Horne, William Sent: Wednesday, April 20, 2005 5:41 PM To: Arasteh, Mahshid; Neff, Andrew Subject: FW: Reclaimed Water Station site on School Board Property-I OPPOSE Mashid,Andy Please review the attached and make sure we are prepared to defend our project before the BOCC. I didn't know that this item had to go before the BOCC. Bill Home -----Original Message----- From: Kathy Simpson [mailto:simp10451@tampabay.rr.com] Sent: Wednesday, April 20, 2005 4:30 PM To: Board@pcsb.org Cc: Wilcoxc@pcsb.org; rduncan@pinellascounty.org; charris@pinellascounty.org; rstewart@pinellascounty.org; . slatvala@pinellascounty.org; kseel@pinellascounty.org; jmorroni@pinellascounty.org; ktwelch@pinellascounty.org; Hibbard, Frank; Horne, William; senator@billnelson.senate .gov; bilirakis.gus@myfloridahouse.com; fasano. mike. web@f1senate.gov Subject: Reclaimed Water Station site on School Board Property-I OPPOSE Re: Case #CU-5-3-05, to be presented before the Board of County Commissioners May 17, 2005 Proposed reclaimed water station site to be constructed by the City of Clearwater on Pinellas County School Board property adjacent to the west side of McMullen Elementary School, also adjacent to the south side of Attention Home property 5/212005 Page 4 of 4 Dear Community Servant; I am writing to say that I am opposed to the construction of this facility immediately behind Attention Home property. I believe this possible placement would be detrimental to the operations of Attention Home, a therapeutic residential facility that has provided care for developmentally disabled, physically disabled and emotionally disturbed boys and young men for 25 years. The station involves many factors detrimental to Attention Home, including a 1,200 gallon storage tank for a chemical compound called sodium hypochlorite, which is, essentially, commercial grade bleach. To give you an idea, Clorox contains 5% sodium hypochlorite, while the reclaimed water station would use a solution containing 12.5% sodium hypochlorite. The construction of the station at this proposed site would put Attention Home directly within the 150' minimum evacuation zone established by the U.S. Department of Transportation (ERG 154) for this toxic and corrosive compound. Additional problems with this proposed site include: 1. Noise from pumps running continuously, 24 hours per day, 7 days per week. 2. A large, imposing nonresidential, industrial facility would be in plain view for those living in the residences at the rear of the property. 3. The natural buffer currently in existence between Attention Home property and that of McMullen Elementary would be significantly diminished. 4. Attention Home's property value would be negatively affected, possibly to a very great degree with such a station 40' from the patio and pool. 5. The very real possibilities of leaks and spills of sodium hypochlorite would be imposed upon those individuals who reside at this property. The property behind Attention Home that the City of Clearwater wants to use belongs to the Pinellas County School Board. The site is only a very small piece (1/4 acre) of a 24 acre parcel. The placement of a reclaimed water station on a 114 acre site directly behind Attention Home property is inconsistent with the pattern of land use in that neighborhood. It is an area of estate size lots, with most property owners situated on 2 or more acres. The School Board has 24 vacant acres in this parcel. It is completely unnecessary for the station to be crammed up against Attention Home property when there are plenty of other options available within the 24 acres that do not put any individuals or Attention Home at immediate risk. For that matter, there are even other options outside this parcel altogether that would also be serviceable locations. Attention Home has attempted to discuss these other location options with the Pinellas County School Board's Director of Real Property's office, but they have either denied their requests for consideration or not responded at all. I INSIST THE SITE FOR THIS RECLAIMED WATER FACILITY BE MOVED!!! Attention Home has helped the community for 25 years. Now they need your help. I appeal to your common sense and implore you to take a stand by voting against the construction of this reclaimed water station for this site. Please feel free to contact Attention Home at (727) 796-4012 (ask for Diane) or (727) 424-7702 (ask for Erin) with any questions or concerns you may have. Thank you for your time and consideration. Kathy Simpson 5/2/2005 Oog9-2-0084( 11) UNION STREET PUMP STATION TIMELlNE Drew and Union Streets Reclaimed Water System City Project No. DS-040501 May 31,2002 June 2002 July 24,2002 July 25, 2002 August 29, 2002 McKim & Creed submits proposed site plan to City for inquires with Daniel McMullen for possibility of locating the reclaimed water booster pump station in the north side of his property fronting Union Street between the County's stormwater pond and McMullen Booth Elementary School. Site denied as McMullen refused to negotiate with the City. McKim & Creed inquires with Jim Miller of Pinellas County School Board Real Property Management about the possibility of locating the reclaimed water booster pump station in the northwest corner of the McMullen Booth Elementary school property. Mr. Miller agrees to review. McKim & Creed submits four copies of the proposed site and location plans to the City for review prior to submitting to Pinellas Real Property Management. McKim & Creed submits two copies each of the site and location plans to Jim Miller with Real Property Management. September 6,2002 Jim Miller requests elevation views of the proposed pump station and a vicinity aerial. September 16, 2002 McKim & Creed submits one copy each of the aerial, site plan and elevation drawings and the proposed cover letter to Real Property Management to the City for review. September 26, 2002 McKim & Creed submits two copies each of the aerial, site plan and elevation drawings to Jim Miller with Real Property Management. November 11, 2002 McKim & Creed submits two copies each of the site plan and elevation drawings to Principle Pamela Moore for her use during the field visit with Real Property Management. December 6, 2002 Steve Fairchild with Real Property Management notifies McKim & Creed that the proposed site location in the front of the school is not acceptable based on the size of the structure and visibility concerns. Real Property Management would consider other locations away from the property frontage. McKim & Creed requests Master Plan showing the future expansion plans for the property. Steve Fairchild with Real Property Management states none is available. December 9, 2002 McKim & Creed submits two copies of an aerial showing two alternative pump station site locations to Jim Miller of Real Property Management. January 22, 2003 Steve Fairchild with Real Property Management notifies McKim & Creed that proposed Site Location NO.2 was more appealing to the School's area office staff due to the possible western expansion of the elementary facilities and/or a future middle school. However, this location has not yet been approved by the school administration. January 29, 2003 Steve Fairchild with Real Property Management notifies McKim & Creed that the school district arid area office staff have met with the school administration. The proposed Site Location No.2 is not suitable because of the school's outdoor classroom needs. The proposed Location No. 1 was also denied based on the future westward expansion of the existing school and/or future middle school. February 28, 2003 McKim & Creed submits proposed site plan to City for negotiations with Sylvan Abbey representatives. Negotiations end as property costs deemed excessive. March 13,2003 City receives denial from School Board representatives for any further negotiations. March 14, 2003 McKim & Creed investigates potential property east of McMullen Booth Road intersection. Available parcels were not found. December 2003 Earl Barrett of the City's Real Property Management extensively evaluates and contacts property owners along Union Street. Results indicate that no property owners are willing to sell any portion of current properties. February 11, 2004 McKim & Creed asked to submit proposed site plan to Pine lias County School Board with the location at the south end of the property, in the area of the future middle school site. June 8, 2004 Meeting held with Pinellas County Real Property, McKim & Creed and City of Clearwater representatives to discuss site issues for the pump station. August 27, 2004 Meeting held with Pinellas County Real Property and City of Clearwater representatives to discuss issues for the pump station site. 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P. O. Box 945 Safety Harbor, Florida 34695 Phone: (721)796-4012 Fa)t~ (721) 112-9044 April 21, 2005 -- Re:-€ase-#CU-5-3-05. to be presented beforelhe Board of County Commissioners Tuesday, May 17 at 6:30 p.m. Proposed reclaimed water station site on Scbool Board property adjacent to the west side of McMullen Bootb Elementary Scbool, also adjacent to tbe south side of Attention Home property Dear.eom-munifyServants, You have received correspondence from or spoken with us regarding this issue over the past several weeks. We are opposed to the proposed site for this reclaimed water station. In addition to the infonnation We shared with you previously, we have been made aware of some additional infonnation that we feel is important for you to know as you consider your actions regarding this case. Previously we stated that this proposed station is inconsistent with the pattern of land use in our area, intrusive regarding noise and appearance, detrimental to our property value and operations, and a plausible danger regarding the storage, use and transport and delivery of sodium hypochlorite (aka commercial grade bleach). We have now been informed that our facility is in the 150' rUdius minimum evacuation zone for spills and leaks established by the Department of Transportation. Two of the residential buildings on our property are actually within 50' of this proposed site. Quite frankly, this situation is ridiculous. Please see the attached maps. At Attention Home, we have invested 25 years of service to individuals in our community with special needs. r: '8 a high-risk population that rarely receives the care they need, and it has been our mission for 25 years to step up to the plate and be there to provide the care and family they need. At this moment we provide a safe, stable, healthy mvironment to 14 boys and young men living at Attention Home. We have done all we can to ensure they have all they leed for healthy, happy lives. Ten years ago we moved our operation to this location because we believed it to be a .efuge, a quiet beautiful piece of property that was perfect for our goals of providing a therapeutic envttollDtent for boys IJ1d young men with special needs, We never would have purchased a property for our facility within a minimum :hemical evacuation zone. f this station were to be constructed on the proposed site, we would need to develop a new disaster plan and submit it for pproval to the Department of Children and Families, our licensing agency. The School Board has 24 vacant acres in this aroof. It is completely unnecessary for the station to be crammed up against residential neighbors when there are plenty f other options available within the 24 acres. For that matter, there are even other options outside this parcel, including a 7 acre parcel also owned by the School Board on the north side of Union Street, which would also be serviceable .cations. . lease consider all this information as you prepare for the upcoming meeting. We hope you will agree that this station >es not belong at this site; please Vote against it. ncerely, Sponsored by the Florida Department of Children and Families , L ?O-~-S-oYJ d I o ~ >>f- }-~e \.) ~P- ./I> II ;/ ; / Y- o ~ om. d _ -~ y- ~ = .cl p... J V1 . G ..J d ~ 1 -1 J ~ V\ \l F .{3 h GJ ~ nJoS 3 ~ ~--_~-_.:j 't --13 ~ ~ ~ ~ ~ C 3 ~.~.- ~ 6 ., -i 1 -.lJ~ ~ 1\ ~~o ~ ~"''''''' /~. fD -t ~~. ~ c.J ~ --- -. ... ~.. ,.... ~:..:~....:=-....::~-~- -- i "" President Jonathan Walser 1st Vice President Brian DeWitt 2nd Vice President Steven Squillante Secretary Leonard Merritt State Trustee Richard Harris Treasurer Jeffrey Divincent Inner Guard Rodney Johnson Outer Guard J.P. Morley Chaplain Bill Renfroe Immediate Past President Jeff Rawson National Trustee Peter Fire C])): Fraternal Order of Police Clearwater Lodge 10 Robert L. Pitman Memorial Lodge To our Honored Guests; I would like to cordially invite you to the Fraternal Order of Police Lodge 10 Annual Police Memorial. This annual event is hosted by FOP Lodge 10 and the Clearwater Police Department to honor those who have paid the ultimate price in the line of duty. Statistically a Police Officer is killed in the United States every fifty seven hours, here in our City we remember the sacrifice and the loss of four of our brothers who have paid the ultimate price so that others may live. It is a very solemn and humbling experience to remember and honor those who have gone before us practicing the highest form of religious training, sacrifice. Please join us Friday May 13th 2005 at 1000 A.M. in beautiful down town Clearwater. Currently we are attempting to reserve Station Square Park; however, current renovations may require us to relocate to Coachman Park. I will personally update you as soon as we are notified. Also we would like to cordially invite you to the Fraternal Order of Police Lodge located at 1459 Gulf to Bay Boulevard to share in refreshments and fraternalism with the family members of our fallen brethren. If there are any questions please do not hesitate to call FOP Chaplain Renfroe or myself regarding this matter. Fraternally, Jonathan Walser FOP 10 Lodge President. Post Office Box 1743 Clearwater, Florida 33757 (727) 441-4744 ~ , ) City Council ~~"",~gen~,~ c~~~,~,~,~~Q~~,t!"~.u,~ ~\2..,-\ pvl \rd Tracking Number: 1,078 Actual Date: 05/05/2005 Subject / Recommendation: Establish new non-resident fees for non-residents to participate at City recreation facilities and in City recreation programs and activities; establish new formulas for the purpose of computing fees for non-residents; approve City Manager or his designee to administer the formulas; and pass Ordinance 7389-05 on first reading. Summary: f1 wS > City Council Cover Memorandum On October 18, 1993 the City Commission approved a formula for the purpose of computing fees for non-residents and established categories for non-residents. The formula adopted is as follows: Department 0 & M Budget plus Indirect Overhead minus Budgeted Revenue divided by Population equals Subtotal Subtotal plus $5.00 Capital Recovery Component equals Non-Resident Yearly Fee Even though non-resident fees were increased in 2004 staff is recommending an additional increase for 2005 based on the approval of a new formula both for individual yearly non-resident fees but also for a new unincorporated non-resident fee. Staff is recommending that the following formulas be used in that they more accurately reflect the actual cost that residents are paying for recreation services: 1. Non-residents who reside in other Pinellas municipalities Department 0 & M Budget ($9,495,850) plus Indirect Overhead ($758,352) minus Budgeted Revenue ($2,253,700) divided by Population (109,000) equals Subtotal ($73.40) Subtotal ($73.40) plus Capital Improvement Recovery Component ($11.49) plus Card Processing Fee ($5.00) equals Non-Resident Yearly Fee ($89.89) 2. Unincorporated Non-Resident Fee Department 0 & M Budget ($9,495,850) plus Indirect Overhead ($758,352) minus Budgeted Revenue ($2,253,700) divided by Population (109,000) equals Subtotal ($73.40) Subtotal ($73.40) plus Capital Improvement Recovery Component ($11.49) plus Card Processing Fee ($5.00) plus Unincorporated Surcharge ($70.96) equals Unincorporated Non-Resident Yearly Fee ($160.85) The unincorporated surcharge of $70.96 is based on the average cost that other local municipalities charge to non-residents. The fee charged by other municipalities are similar to the City of Clearwater in that the purpose is to make the non-resident pay an amount equal to what their residents pay. The cities used for this averge were Dunedin ($58.85), Largo City Council _~,""",,~gel!.~a c~.~.~!:. M.~mor!.!,!..~..~...!!!_~,. ($75.00), St. Petersburg ($10 0.00) and Safety Harbor ($50.00). Formulas for the remaining categories of non-residents and unincorporated non-residents are as follows: 1. Annual Family Fee - Individual non-resident or unincorporated non-resident yearly fee x 2.5 2. Participants of youth seasonal recreational programs and participants at lawn bowls, shuffleboard and horseshoe clubs - Individual non-resident or unincorporated non-resident yearly fee x 40% In order to respond in a more timely fashion to shifts in budgets and the economy as it relates to non-residents paying a fair share staff is requesting authority to set fees based on the formulas whenever a change is prudent and warranted. Three other provisions in the ordinance that were changed are as follows: 1. To define a time period for "tourist and guests temporarily residing". The time recommended is 3 months or less. 2. Add three score softball to the senior club category. 3. Added an option to allow non-residents who did not have a non-resident card to rent a recreation facility for a 10% surcharge. Based on the new formulas, the proposed fees for non-residents and unincorporated non-residents are as follows: SEE ATTACHED TABLE Since we are proposing new fee categories for unincorporated residents it is difficult to determine what the net impact will be on overall revenue. However, staff is of the opinion that the majority of persons now using City facilities and programs will continue to use them since there are few options available to unincorporated residents. Furthermore, the County has established a reimbursement program where unincorporated residents can request funds to pay for non-resident fees. Therefore, revenue should not decrease but in fact increase. Originating: Parks and Recreation Section Other items on City Manager Reports Category: Code Amendments, Ordinances and Resolutions Number of Hard Copies attached: 0 Public Hearing: No Financial Information: Review Approval Tina Wilson 04-20-2005 15:42: 19 Laura Lioowski Garry Brumback Kevin Dunbar Laura Lioowski Bill Horne Laura Lipowski Cyndie Goudeau City Council ,.,_~!!.~a C~y~! Memorandum~~ 04-18-2005 09:47:25 04-20-2005 15:25:52 04-18-2005 12:25: 11 04-18-2005 16:34:56 04-21-2005 11:43:20 04-15-2005 10: 15:24 04-21-2005 11:52:03 r Attachment to Agenda Item 1078 Proposed Type of Fee (Cards)* Proposed Unincorporated Current** Non-Resident** Resident** Annual individual card $80.00 $90.00 $161.00 Annual familv card $200.00 $225.00 $402.50 Youth seasonal rec. orograms $30.00 $36.00 $64.40 Lawnbowl, Shuffleboard, Horseshoe Clubs, Three Score Softball $30.00 $36.00 $64.40 *Annual Resident cards are $5.00 per person plus sales tax. **Plus sales tax. ORDINANCE NO. 7389-05 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE SCHEDULE OF FEES, RATES AND CHARGES, AMENDING APPENDIX A, ARTICLE XI, PARKS, BEACHES, RECREATION, TO INCREASE CERTAIN FEES FOR USE OF FACILITIES BY NONRESIDENTS AND TO ESTABLISH FORMULAS FOR CHARGING NONRESIDENT FEES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater provides recreational facilities and programs for the residents and taxpayers of the City; and WHEREAS, the City Council has determined that users of City recreational facilities and programs who are not City taxpayers should pay a reasonable sum for the use of such facilities and programs; and WHEREAS, it has been determined that there are two different types of non-City taxpayers; taxpayers of other municipalities in the County and taxpayers of unincorporated areas; and WHEREAS, to be consistent and fair in the establishment of non-City taxpayer fees, standard formulas need to be adopted as set forth herein, now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Appendix A, Schedule of Fees, Rates and Charges, is hereby amended to read: ARTICLE XI, PARKS, BEACHES, RECREATION: * * * Use of facilities by nonresidents (ch. 22): (1) Effective June 1, 2005 J3nU~lrY 1, 2004, nonresidents who wish to rent or use city recreation facilities or programs may do so by paying a nonresident fee based on the followinq formulas which shall be administered by the Parks and Recreation Director one or more of the follmving f-ees: (a) Nonresidents who reside in other Pinellas municipalities: Department O&M Budqet + indirect overhead - budqeted revenue = Net budqet divided by population = subtotal Subtotal + Capital Improvement Proqram recovery component + Card processinq fee = Individual nonresident yearly fee Ordinance No. 7389-05 (b) Unincorporated nonresidents: Department O&M BudQet + indirect overhead - budQeted revenue = Net budQet divided by population = subtotal Subtotal + Capital Improvement ProQram recovery component + Card processinQ fee + unincorporated surcharQe fee = Individual unincorporated nonresident yearly fee (c) Annual nonresident and unincorporated nonresident family fees: Individual nonresident or unincorporated nonresident yearly fees x 2.5 = Annual nonresident or unincorporated nonresident family fees. (a) Card options: 1. Annual individual foo, valid one yoar from date of purchaso (plus applicablo sales tax) ............................................................ 80.00 2. Annual family foo, '.'alid one year from dato of purchase (plus applicable sales tax) ........................................................... 200.00 Noto: An individual card may be used only by tho porson to whom it is issuod. The family f-eo provides a card f-or oach family membor residing at the household. @ ~ Options in lieu of nonresident and unincorporated nonresident card purchase: 1. Pay non-card holder rates for tennis, swimming, classes, and/or admissions. (These fees will vary depending upon activity, however in no case will they be less than or equal to card holder rates.) 2. Singlo season f-ee for adult athlotic loaguos, per person (plus applicablo salos tax) ...................................................... '12.00 d~. In co-sponsoring programs where leadership is provided by noncity employees: a. Participants of youth seasonal recreational programs ...~ Individual nonresident or unincorporated nonresident yearly fee x 40% b. Participants of adult seasonal recreationalloaguos .......10.00 4 ~. Participants at lawnbowls, shuffleboard~ aOO horseshoe clubs, and three score softball per person........................................ ~ Ordinance No. 7389-05 ~ Individual nonresident or unincorporated nonresident yearly fee x 40% (2) The criteria which establish the class of city residents for the purpose of the fees above are: (a) Permanent residence within the incorporated boundaries of the city; (b) Ownership of real property within the incorporated boundaries of the city, as evidenced by the official tax rolls maintained by the county; (c) Tourists and guests temporarily residing at properties three months or less. within the incorporated boundaries of the city as evidenced by a motel key or another resident member; or (d) Persons who are employees of the city, their spouses and children who live at home. (3) Nonresidents who wish to rent a city recreation facility must possess a nonresident card or pay a 10% surcharqe for the rental. (4) In programs where rentals are charged, or where enforcement is impractical, or a majority of the facilities used by a program are provided in a municipality other than Clearwater, the nonresident fee is not required. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Laura Lipowski Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 7389-05