02/14/1994 CITY COMMISSION MEETING
February 14, 1994
The City Commission of the City of Clearwater met in regular session at City Hall, Monday, February 14, 1994 at 1:04 p.m., with the following members present:
Rita Garvey Mayor/Commissioner
Arthur X. Deegan, II Vice-Mayor/Commissioner
Richard Fitzgerald Commissioner
Sue A. Berfield Commissioner
Fred A. Thomas Commissioner
Also present:
Elizabeth M. Deptula Interim City Manager
Kathy S. Rice Deputy City Manager
William C. Baker Acting Assistant City Manager
M.A. Galbraith, Jr. City Attorney
Peter J. Yauch Acting Public Works Director
Cynthia E. Goudeau City Clerk
The Mayor called the meeting to order.
In order to provide continuity for research, the items will be listed in agenda order although not necessarily discussed in that order.
ITEM #1 - Service Awards
Five service awards were presented to City employees. The February 1994 Employee of the Month Award was presented to Terry O'Neill of the Fire Department.
The Commission recessed from 1:15 p.m. to 2:20 p.m. to meet as the Community Redevelopment Agency.
ITEM #2 - Approval of Minutes
Commissioner Deegan moved to approve the minutes of the regular meetings of October 18, 1993, and January 3, 1994, as corrected.
Commissioner Berfield noted on page 22 of the January 3, 1994 minutes; 4th paragraph, last line, "Berfield" should be "Deptula."
Commissioner Deegan noted in the October 18, 1993 minutes; page 7, 3rd paragraph, last line "Heiland" should be "Heilman"; on page 20, motion that failed was noted as carried, the actual
motion was missing, and Exhibit A, referenced on page 21, had not been provided.
The City Clerk noted Exhibit A had been placed at the Commissioners' seats.
The motion was duly seconded and carried unanimously.
ITEM #3 - Citizens to be heard re items not on the Agenda
Lois Cormier complimented the Commission and staff on the comment form expressing pleasure with the five day response. She expressed concerns about testimony contained in the CDBG
file related to Mr. Elliott's complaint. She said a police officer was in attendance when she reviewed the materials. She questioned the City charging the Church of Scientology and
St. Petersburg Times to view public records. Mrs. Cormier was concerned she would be required to pay one day. The Interim City Manager said staff would reply to her concerns.
ITEM #3a. - PRESENTATION - Development Code Adjustment Board Annual Report
Mr. Alex Plisko, Chair of the Development Code Adjustment Board (DCAB), presented DCAB's annual report. He said his Board welcomed the chance to advise the Commission of their 1993
accomplishments; DCAB met on 19 occasions for meetings that lasted approximately three-hours and heard 84 variance requests. Prior to each meeting, members travelled between 20 and
30 miles visiting sites. Of the requests, DCAB granted 62, partially granted six and denied 16.
DCAB's recommended priorities for 1994 include code amendments for deletion of receipt and referral for site plans, deletion of land development code requirements for docks, front corner
setbacks in character with existing setbacks / setback encroachments allowed for architectural detail, dumpster screening and location, site lighting regulations, improved maintenance
standards for retention ponds, and revised parking standards. For consideration, the board recommended improvement of the index to the Land Development Code (LDC) and notification of
DCAB members whenever DCAB actions are to be considered and discussed by the Commission.
Commissioner Thomas asked Mr. Plisko's opinion on changing the appeal process from a Hearing Officer to the City Commission. Mr. Plisko noted appeals once went to the Commission but
he felt when an appeal goes to a Hearing Officer, it is more impartial. He agreed the Commission may have more knowledge about certain items, but noted conflicts of interest could affect
variances requested by the City. He agreed it would accelerate the process. He noted most appeals to DCAB rulings are upheld by the Hearing Officer.
Commissioner Thomas agreed there could be a conflict on City applications. He noted the Commission hears sign variance requests. He felt appeals to the Commission will speed the process.
Mayor Garvey said the Commission changed the procedure to discourage people from appealing decisions.
Commissioner Deegan expressed concerns that DCAB members might discuss pending cases with those involved when visiting sites. Mr. Plisko assured the Commission that members carry a
badge of identification, explain who they are, but do not review variances on site nor visit
sites with other board members. Mayor Garvey voiced concerns that all board activities be conducted in compliance with the Sunshine laws to avoid decisions being overturned.
Commissioner Thomas thanked DCAB members for their hard work and the job they do.
CITY MANAGER REPORTS
CONSENT AGENDA (Items #4-6) - Approved as submitted.
ITEM #4 - Ratify/Confirm continuation of construction inspection services by Camp, Dresser & McKee, Inc. for the New Pier 60 project, until on or about 3/1/94, for $26,700 (PW)
Interim City Manager, Betty Deptula, stated staff expects this project will take longer. Commissioner Berfield asked why the project was behind schedule. Peter Yauch, Acting Public
Works Director, explained the contractor delays and said the City is in the liquidated damages realm of the contract.
ITEM #5 - Sanitary sewer lien agreement - 2371 Dora Drive, Lot 11, Rolling Heights Subdivision (Bruynell) (CA)
ITEM #6 - Sanitary sewer lien agreement - 2365 Dora Drive, Lot 10, Rolling Heights Subdivision (Barmore) (CA)
Commissioner Thomas moved to approve the Consent Agenda as submitted and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously.
OTHER ITEMS ON CITY MANAGER REPORT
ITEM #7 - Ultimar Project Designated Swimming Area Request - Withdrawn by Applicant.
ITEM #8 - Policy/Gun Shows (CM)
Staff recommends the City adopt a policy whereby City buildings or rooms not be rented or used for gun shows. If this policy is not acceptable, staff's alternative recommendation is
that the City adopt a policy whereby persons or groups wishing to rent City facilities for activities involving gun shows would be required to sign a Recreation Facilities Use Agreement
and the Addendum (requiring firearms licenses), submit proof of a minimum $500,000 liability insurance naming the City as Additional Insured, possess and show all valid required licenses,
and hire an adequate number of off duty police officers to work the event. Additionally, a background check conducted by the Police Department would be required.
The Police Department has reported that a Type 01 License is required for dealers selling handguns, shotguns, and rifles. A Class III dealer also can sell Title II weapons including
full automatic assault rifles and gadget guns that have to be registered with the Bureau of Alcohol Tobacco and Firearms.
The National Firearms Act states that a federal gun license is required by those engaged in the business of selling guns but licenses are not required for those who sell from their
personal collections. Other municipalities have policies requiring all participants in gun shows to possess gun dealers' licenses.
Kathy Rice, Deputy City Manager, said staff's first recommendation is not to allow gun shows at City facilities as a matter of City policy. If that is not palatable or there are legal
concerns, staff's suggestion is to add a clause to each lease stating dealers must hold proper licenses.
Commissioner Deegan questioned staff's recommendation to not rent City facilities for gun shows. Ms. Rice said this policy would be easiest for staff to implement and would relieve
them of the responsibility of checking licenses.
Commissioner Fitzgerald disagreed with not renting City facilities for gun shows. He thought that action would "single them out" from coin, flower, or dog shows. He agreed with adopting
a policy that gun shows must meet all state and federal firearms licensing rules so the avoidance of rules related to gun sales would not occur.
Mayor Garvey said when she first brought up this item she was opposed to gun sales not gun shows. She expressed concerns about those who avoid the rules covering licensed dealers.
Ms. Rice reported Jacksonville proposed an ordinance containing the same requirements as those proposed for the City's revised lease. The ACLU and other attorneys indicated they would
protest and the ordinance has not passed.
Commissioner Thomas noted the difference between prohibiting gun shows within the City versus on City property. He said Clearwater should not participate in the promotion of firearms
on City property nor be the intermediary that promotes gun sales.
Commissioner Deegan asked if past gun show participants possessed proper licenses. Ms. Rice said a loophole in Florida law allows many without licenses to sell guns. The lease staff
proposed would close that loophole.
Commissioner Berfield questioned if $500,000 minimum liability coverage was adequate. Ms. Rice said the Risk Managers recommended that amount.
Commissioner Deegan said the way the proposal is written, a license is required but no stipulation is made on the type. He said in the Community Consensus, one high ranking item was
"tighter control of firearms." A Type 01 license allows dealers to sell semi-automatic weapons. He felt the City would be better off without these shows.
Commissioner Thomas moved that the City of Clearwater not use any of it facilities for the sale, promotion, exhibition, and trading of firearms. The motion was duly seconded.
Mayor Garvey said she is not against gun shows but rather gun sales. Commissioner Fitzgerald supported requiring proper licensing and adherence to the insurance requirements but did
not feel people interested in guns were more troublesome than those interested in stamps, gardening, or other hobbies. He felt tightening requirements was adequate action.
Commissioner Berfield asked if any research had been done on the legality of the City forbidding gun shows. The City Attorney said this is a new movement and most action has occurred
in the last twelve months. He expressed doubts that case law exists and stated the City is acting as a landlord regulating the use of its property.
Commissioner Deegan found gun shows differed greatly from coin or dog shows because what is being traded, shown, and made available to all kinds of people are semi-automatic weapons.
There is no regulation that the purchaser must be an adult or responsible person. He noted provisions were proposed for exhibitors but not for purchasers.
Mayor Garvey questioned Florida law. The City Attorney said he is not convinced the City is obligated to open City owned property for gun shows. Mayor Garvey noted section 790.33
Florida statute disallows cities from banning gun sales. Commissioner Thomas said landlords have the right to determine what occurs on their property.
Commissioner Deegan noted Class III weapons include sawed off shotguns, silencers, gadget guns, pen guns, zip guns, etc.. He felt the City was opening itself to criticism by aiding
increased proliferation of these weapons in Clearwater.
Mayor Garvey asked the City Attorney if the City was within its rights in prohibiting the rental of City facilities for gun shows. Mr. Galbraith said he believes the City would be
within its Constitutional rights.
Upon the vote being taken, Commissioners Berfield, Deegan and Thomas and Mayor Garvey voted "Aye." Commissioner Fitzgerald voted "Nay." Motion carried.
ITEM #9 - Affordable Housing Advisory Committee (AHAC) - appoint Residential Builder representative
Commissioner Berfield moved to continue this item to obtain additional information on the nominees. The motion was seconded and carried unanimously.
The meeting recessed from 2:58 p.m. to 3:08 p.m.
ITEM #10 - Other Pending Matters
a) Clearwater Beach Blue Ribbon Task Force (CBBRTF) Recommendations - Status Report
Scott Shuford, Central Permitting Director, provided an update on the status of implementing the recommendations of the CBBRTF.
Beautification and Theme Issues
1) Adopting the phrase "Clearwater Beach, One Small Place of Enchantment," as the promotional theme and "Tropical SeaScape" as the architectural theme and ambience.
Staff recommends once the architectural guidelines are implemented and the streetscape program completed, signs incorporating the theme should be erected at strategic locations.
Commissioner Deegan asked when the signs will be erected. Mr. Shuford said signage will follow implementation of the tropical seascape architectural guidelines. The guidelines are
scheduled for Commission review in April.
2) Encouraging private improvements consistent with the design theme.
Design guidelines were developed by committee; town meetings were held; an ordinance is in development.
3) Encouraging all government units to adhere to the spirit of the Theme and related Land Development Code (LDC) provisions.
The Tropical Seascape Theme was followed in the design of Pier 60, the Clearwater Marina building, beach restrooms and guard towers, and the Mandalay Avenue streetscape project. Future
projects also will incorporate this theme whenever possible.
4) Approval of a Streetscape Plan that incorporates landscaping, seating and other pedestrian amenities.
Two blocks of the Mandalay Avenue streetscape project have been completed. Expansion of the theme is scheduled for FY '93/'94.
5) Expanding City landscaping; e.g., sidewalks, parking lots, unimproved public lands and the beach down to the water line.
Landscaping was expanded in the South Gulfview parking lots, by the Adams Mark Hotel, and at north and south beach. For beach users, a fourth restroom, 13 showers with concrete aprons,
and drinking fountains were installed.
6) Installing street lamps in the core area of the beach and locating similar lamps on the causeway median, emergency road and Cleveland Street.
Gas lamps have been installed as part of the Mandalay Avenue streetscape project; no work has been done on the causeway to install added theme lighting.
7) Eliminating the private use of public property and establishing design requirements / restrictions and licensing fees for all exterior vending machines, pay phones, etc..
Implementation and enforcement of the vending machine / newsrack ordinance adopted by the Commission in late 1993 is underway.
Transportation Issues
1) Creating resort zones with restricted two-way traffic flow at 15 mph that favors pedestrian traffic with numerous crosswalks.
The Commission decided against the resort zone operation of Mandalay and South Gulfview. Crosswalks were enhanced.
2) Establishing one-way streets to expedite resident commuter traffic.
3) Eliminating the cross over traffic light at Pier 60 and Causeway Blvd. for north beach traffic and creating a north beach lane across the Civic Center lot to connect with East Shore
Drive.
4) Eliminating the traffic light at Coronado and Gulfview.
Recommendations 2, 3, and 4 were in conjunction with the resort zone that the Commission decided against.
5) Creating an entrance gate at the Pier 60 lot to the public beach and parking lots and three one-way, clearly marked lanes.
Staff felt this plan created technical concerns for operating South Gulfview as an attended lot. Signage, including language, was improved.
6) Establishing numerous pedestrian crosswalks clearly marked along South Gulfview and Mandalay.
Crosswalks were enhanced and additional work is planned.
7) Creating bike paths from Sand Key and North Beach to Memorial Causeway.
Staff found existing right-of-way and pavement dimensions make it difficult to create bike paths.
Commissioner Deegan asked about plans for a beach loop off the Pinellas Trail. Mr. Shuford noted the Task Force recommendation was tied to a strategy that included one-way streets.
Peter Yauch, Assistant Public Works Director, said problems exist with the placement of
the Pinellas Trail through Clearwater. His biggest concerns for a connecting path were the traversal of two bridges on Memorial Causeway and the dangers inherent with routing bicycle
traffic behind back-out parking.
Commissioner Deegan emphasized the need for a bike path on the beach. Bill Baker, Acting Assistant City Manager, said bike paths require a safe, separately designated area, five-feet
wide, that is not presently available. Commissioner Deegan suggested eliminating parking on South Gulfview for a tram and bicyclists. He recommended staff seek and consider alternatives.
8) Installing additional sidewalks.
Staff noted, existing back-out parking, limits sidewalk continuity along Hamden and Coronado. Key missing links are included in the '94 sidewalk contract. No improvement to the east
sidewalk width is possible due to insufficient right-of-way for ten-foot width in many areas.
9) Erecting overhead directional signs that designate North and South Beach.
Ground-mounted "trailblazers" for Sand Key and the mainland were fabricated and will be installed. The Marianne Street overhead signing dimensions are in negotiation with the Florida
Department of Transportation (FDOT).
10) Converting larger off-street metered parking areas to attendant parking with hours from 7:00 a.m. to 11 p.m.
Pier 60 retains its attendant parking. Marina and Rockaway lots remain metered per Commission direction. Lot hours vary but satisfy requested limits.
Commissioner Deegan questioned the advantages identified with attendant parking and if there were plans to expand it. Peter Yauch, Assistant Director Public Works, said problems with
handling the large volume of traffic were corrected and attendant parking is a success. However, he sees no need to expand as some prefer meters to attendant parking. Drivers now have
a choice between attendant and metered lots.
11) Retaining meters at small lots and leasing parking rights to private nearby enterprises after 6:00 p.m.
No action on leasing spaces.
12) Creating parking entrances and exits on Gulfview at 3rd and 5th Streets and eliminating the entrance at the Adams Mark Hotel.
Staff felt this would not provide for the efficient operation of the attended South Gulfview lot and implemented an alternate configuration.
13) Prohibiting additional parking on Memorial Causeway.
No additional parking is permitted.
14) Elimination of parking on South Gulfview Blvd.
South Gulfview curbside spaces were reduced. The new configuration provides regular spaces, motorcycle and recreational vehicle parking.
Mr. Yauch said these spaces were created because recreational vehicles cannot pass through the ticket dispensers in the parking lots and gate manufacturers will not accept liability
for a gate hitting a motorcyclist. Restricting access of automobiles to the spaces is being addressed.
15) Increased parking fees on all beach parking spaces and using revenue for beach improvements.
A rate increase for parking fees was implemented in early 1993.
16) Providing tram service from the mainland to the beach.
Technical concerns exist about operating a small tram in mixed traffic on Memorial Causeway. Such trams should be a design consideration for a new bridge.
17) Constructing a mass transit terminal on the mainland by parking facilities.
The former Jolley Trolley stopped at Station Square Park. The new Trolley, operating from Downtown, passes the PSTA terminal.
Commissioner Deegan said the Jolley Trolley passing the PSTA terminal does not address the Task Force's recommendation for a Downtown mass transit terminal.
Commissioner Thomas commented there is some hostility toward the Jolley Trolley and that is why it does not go through the PSTA terminal.
18) Providing efficient tram service to the beach.
Jolley Trolley service is now in operation from Downtown.
Commissioner Deegan stated if the Trolley works out, he does not see the need for a tram. Mr. Yauch felt a tram would be needed in the future and cited the advantages of a lane dedicated
to shuttling people to and from the beach. Beach parking problems could be eliminated and Downtown businesses would benefit if beach visitors parked there. Mr. Baker said studying
the feasibility of a new bridge, which could include a lane for the tram, is underway.
19) Maintaining the Jolley Trolley system and expanding service to Island Estates and Sand Key. The Task Force suggested naming stopping areas after aquatic characters.
The Jolley Trolley Corporation was formed to accomplish this goal.
20) Maintaining a ferry service to and from the island and encouraging private owners to expand on demand.
The Clearwater Ferry Service operates between the mainland and Clearwater Beach. Commercial vessel owners were provided 1994 police entry passes to cross police lines in the event
of the evacuation of Clearwater Beach to assist the City during times of evacuation or disaster.
21) Adopting a cruising control ordinance.
The ordinance was adopted and implemented. Commissioner Deegan expressed concerns about this ordinance's expiration. Ms. Goudeau said the First Reading to extend the ordinance was
scheduled.
22) Increased fines for violation of the noise ordinance.
Due to consistent enforcement, the Police Department noticed a decrease in the noise problem. The Department developed a tracking system for repeat offenders that results in enhanced
fines for subsequent ordinance violations.
Commissioner Deegan said he hears complaints from motel owners that noise problem still exists. Staff will investigate.
Pollution Issues
1) The continued pursuit of opening Dunedin Pass.
Coastal Technology, Inc. was retained as a consultant engineer to assist the City with permit applications.
2) The construction of a culvert system under the road along Memorial Causeway to permit flushing action.
If Memorial Causeway becomes a high-level bridge, much of the existing causeway could be removed and water flow improved.
Commissioner Deegan noted Clearwater Bay water needs flushing now. The bridge will not be built for at least ten years. Mr. Baker suggested the City might be able to involve the State
or County in the project. A culvert by Island Way would be expensive and may require a
bridge rather than a pipe. Commissioner Deegan noted the five-year environmental plan does not address this issue. He requested, rather than waiting for a new bridge, culverts be
included in a work plan for consideration after the Dunedin Pass issue is resolved. Mr. Baker said water in Clearwater Harbor will be improved by opening Dunedin Pass, the $55 million
enhancement of treatment plants, and some pollution abatement programs.
3) Support of the rehabilitation of Stevenson's Creek to maximize the water quality of stormwater runoff.
The Comprehensive Stormwater and Watershed Management Master Plan, a project underway, will ultimately improve the water quality in the Creek and to Clearwater Harbor.
4) Assuring sewage treatment plant effluent and other organic and inorganic matter discharged into the bay meet established standards. The Task Force recommended requesting the County
to convert septic tank areas to City sewage especially on stormwater runoff areas.
City treatment plants exceed advanced wastewater treatment standards. Other than the Allen's Creek watershed, septic tanks pose only minimal environmental hazards. Stormwater quality
improvements to meet federal standards are being discussed as an intergovernmental project.
Commissioner Deegan questioned staff's referral to minimal hazard from septic tanks. Mr. Shuford said while the Allen's Creek area posed a problem, septic tanks and their watersheds
are not a big problem in terms of overall waste because of the balance between unincorporated and incorporated properties. Commissioner Deegan said the recommendation was to request
the County to convert septic tank areas to City sewage where there is stormwater runoff. He felt this needs to be addressed.
Mr. Baker said the Mid Pinellas Stormwater Study will address problems like septic tank runoff before making recommendations. He said Commissioner Deegan's concerns would be addressed.
Mayor Garvey said the State no longer permits septic tanks as they deteriorate and require replacement.
5) Toughening waste water rules for development / redevelopment by: porous paving in parking lots; perforated storm water pipes; filters inside stormwater pipes; underground retention
ponds, especially below downtown commercial buildings.
Staff is alert for technological advances that would make systems to toughen waste water rules more feasible. A more stringent stormwater control ordinance is being developed.
6) Turning designated parks and other public lands into wetlands.
This is done where topographical conditions permit. The Clearwater Country Club golf course is used as floodplain for Stevenson's Creek and the north beach street ends along the
Gulf of Mexico were upgraded to include beach access areas and retention areas for storm water. Retention areas were developed in planters in the south beach parking lot.
7) Widening problem creeks and creating retention areas along the run.
This is done when development, topographical and financial conditions permit.
Commissioner Deegan stated he hoped that these questions and those expressed in #6 would be addressed in the Comprehensive Stormwater and Watershed Management Master Plan.
8) Motivating people on the beach not to litter.
The Harbormaster's office installed on two new beach guard towers, signs in the "Tropical Seascape theme," advising people to dispose of their trash properly.
9) Increased enforcement and penalties of littering laws.
The Police Department increased efforts at enforcing litter laws. Officers were trained that this is a priority issue. Plain clothes officers have been used. Additional trash receptacles
were provided.
10) Increasing the number of trash cans on the beach.
Parks & Recreation monitors the approximately 100 trash cans on the beach sand.
11) Instituting an anti-litter campaign through a public education program, including advertising signs in the Jolley Trolley.
Two new "adopt-a-shore" agreements to remove debris from shorelines were implemented: one for the beach from the Adams Mark Hotel to Pier 60 and one for the area around the Memorial
Causeway bridge. Small signs on trash containers ask people to "pitch in."
Commissioner Deegan asked if the Jolley Trolley accepts advertising.
Commissioner Berfield said the Jolley Trolley Board is reviewing policy. Commissioner Deegan suggested the Trolley start with public service announcements. Commissioner Berfield said
she would report on the Jolley Trolley Board's actions.
12) The City train beach guards to encourage or remind people to pick up trash.
Beach guards are trained to remind people to observe proper trash disposal practices.
13) The Sanitation Department pick up trash from dumpsters on Sundays and holidays.
The solid Waste Division continues to seek sufficient customers to justify a Sunday route.
Commissioner Deegan cited many complaints from motel owners that trash cans overflow on weekends. Mr. Shuford said the City is shy of the minimum number of customers required for Solid
Waste to offer a cost effective Sunday route.
Mr. Baker said the few enterprises that require daily pickup could address their problem of excessive weekend trash by investing in an additional dumpster. Commissioner Deegan suggested
action be taken as overflowing trash is a problem. Mr. Baker replied that staff has heard that problems exist but were unable to locate them. He requested the names of businesses experiencing
these problems.
Commissioner Deegan said the Solid Waste Division should continue to seek Sunday customers or provide additional dumpsters that would be similarly satisfactory.
Tourism Issues
1) Redeveloping the area from Poinsettia to the Bay and from Marianne to Baymont.
A commercial and residential area redevelopment plan will be presented to the Commission by the Central Permitting Department.
2) Aiding in the development of a public beach pavilion in the area of Pier 60 and updating the concession. The CBBRTF suggested extending the recreation area southward to the South
Beach pavilion and outlawing street vendors or concessionaires on City owned property except a possible carousel.
The opening of the reconstructed Big Pier 60 is scheduled for April. The pier's service entrance was improved with landscaping, new benches, and the replacement of concrete areas.
Commissioner Deegan said the suggested public beach pavilion by Pier 60 would be an ideal location for a beachside transportation terminal.
Commissioner Deegan asked if an RFP has been developed for the leasing and / or renovation of commercial areas in front of Pier 60. Interim City Manager Deptula asked if the Commission
wished to specify the types of businesses permitted and said staff would bring back recommendations addressing this issue in April.
3) Converting the area around the pavilion to a shaded, grassy picnic and play area.
The City will provide additional landscaping, new tables, and benches.
Commissioner Deegan asked if a plan for landscaping the area had been developed. Mr. Shuford said extensive landscaping and the conversion of spaces to handicapped parking will be
completed by the grand opening. He will forward the plan to the Commission.
4) The City obtain funds for improvement costs by holding concerts or similar activities in the Pier 60 public events area.
No plans can be confirmed until a new lease is negotiated.
5) Locating parking for handicapped and Pier 60 fisherman around the perimeter.
The Pier 60 lot offers validated parking for Pier 60 fishermen. Lower cost parking is available in adjacent metered lots and spaces. Handicapped parking is available in the Pier 60
lot and adjoining City lots.
6) Redeveloping the City marina and realigning adjacent streets to expand the site.
The Clearwater Marina building is having a facade improvement in keeping with the "Tropical Seascape Theme." Seawall sidewalks are being replaced with concrete ones bordered in brick.
It was recommended that expansion of the site not be pursued until the Marriott lease agreement for the Beach Diner expires in July 1997.
Commissioner Deegan said the Task Force vision of a redeveloped site for the south causeway is not addressed. He asked if plans to study the redesign or expansion of the boat docks
were pursued. Mr. Shuford said the face lift of the marina building was the only action to date in the redevelopment of the marina.
Commissioner Thomas asked when the rehabilitation of the building would be completed. Mr. Baker said problems with the roof and paint have been addressed. Commissioner Thomas asked
how the flat roof will be fixed when it is covered with a faux gabled roof. Mr. Baker said the flat roof is new; fixing it will be possible, though difficult.
Collaboration with Downtown
1) Emphasizing the tram as the major link to bond beach / downtown relationships.
Tram route considerations will be part of the Memorial Causeway bridge study.
2) Continuing the CBBRTF but changing its status to an advisory committee to monitor and follow-up on recommendations, to serve as a sounding board for subsequent issues, to continue
dialogue and cooperation with the Downtown Development Board (DDB) and the Community Redevelopment Agency (CRA) and to be available for dialogue with individuals or organizations contemplating
beach activities.
The CBBRTF was disbanded due to concerns about inefficiencies of the organization in meeting with other civic groups and public bodies.
3) The Clearwater Redevelopment Agency (CRA) continue the streetscape to downtown for continuity.
4) Establishing a major "welcome station" Downtown next to a parking terminal for tram rides, information and reservations.
5) Continuing dialogue and cooperation with Downtown and the beach on common concerns and activities.
CRA Director Pete Gozza was advised of the recommendations in 3, 4, & 5.
Zoning and Building Regulations
1) Modifying the City's LDC for the beach by grandfathering in footprints for CR, multi-family and commercial uses; maintaining present minimum lot size and open space requirements;
changing height restriction to allow up to four stories on the waterfront and up to six stories elsewhere except in CR-28 and single family zones; allowing rebuilding in accord with
elevation requirements of FEMA; and continuing to allow back-out-parking until redevelopment or change of use occurs.
Revisions to the "nonconformities" section of the LDC are underway. Footprints will not be grandfathered. Density and intensity of use will. Some revision to open space requirements
in single family zones are necessary to reduce frequently-granted variances. Increased height requirements are included in the proposed redevelopment plan. A recently adopted ordinance
allows rebuilding of existing structures regardless of whether the rebuilding is due to disaster, damage, or redevelopment. The redevelopment plan will address parking issues.
2) Disallowing restaurants, bars, gift shops, and similar ancillary uses in motels of less than 50 units in CR zoning. The CBBRTF recommended not allowing such motels to convert to
some of those uses on non-conforming lots.
Revisions to the code to accomplish this were implemented. Other than some possible signage restrictions, no further work appears necessary.
3) Encouraging the revitalization of small motels by developing an incentive program to permit an increase in density with some restrictions.
Increased density is not possible due to the State of Florida restrictions on density increases on barrier islands. Recent ordinance changes allow existing densities to be retained.
4) Allowing motel owners to choose to build the same number of multi-family condominiums as current motel rooms subject to some restrictions.
Increased density is not possible due to the State of Florida restrictions on density increases on barrier islands. Recent ordinance changes allow existing densities to be retained.
Commissioner Deegan felt since the State outlaws increased density and some City codes have been revised, staff believes no problems exist regarding nonconformities or changed and ancillary
uses. He disagreed that no further work on these issues is necessary. Further discussion will be heard at the February 17, 1994 meeting.
5) Requesting the Pinellas delegation to change the State law to remove the "cumulative" rule.
6) Leading a movement of other beach communities to lobby the legislature to remove the "cumulative" rule.
7) Removing all wording concerning "cumulative" and "over the lifetime of the structure" from the City's building code after the State does the same.
8) Allowing routine maintenance, inclusive of roof replacement, without being included in the 50% computation.
Partly at the urging of the City of Clearwater, the State legislature revised its definition of "substantial improvement" to refer to "cumulative" improvements made over a five-year
period.
9) Appointing a special committee to create a sign code after studying the sign needs of the beach considering recommendations for architectural integrity. The committee should consist
of a planning official, an architect, a representative of a reputable sign company, and three Clearwater Beach residents / business persons.
Signage will be a major component of the Tropical Seascape design guidelines.
10) Placing a sunset clause in this code for current nonconforming signs.
11) Enforcing current code.
The sign amortization program is scheduled to move to Clearwater Beach soon.
12) Naming Clearwater Beach a separate zoning district with respect to the Alcoholic Beverage Ordinance and appointing a committee to study the needs and recommend appropriate distances
and restrictions. The committee should include a planning official, three representatives of the hospitality industry and three residents with no business interests on the Beach.
A comprehensive revision of the City's alcoholic beverage regulations is underway.
13) Declaring Memorial Causeway's roadside to be public park land so police can remove vagrants in the mangroves.
Existing regulations are sufficient to handle the problem.
Anne Garris expressed thanks to the Commission and staff for addressing the Task Force's recommendations and concerns. She said implemented changes represented a positive change on
the beach. She questioned the possible City takeover of Marianne Street. Mr. Yauch explained the City may take over the section of SR 60 on the island as a swap for extra lane miles
the State will adopt when moving SR 60 from Cleveland to Court / Chestnut. City control of the beach road will permit increased flexibility for redevelopment plans and expansion of
the marina. Mr. Yauch said the overhead signs the City proposed were rejected by the State and will be a topic for future discussion.
Ms. Garris said the most visible dumpsters, located at the ends of streets, are often overloaded on weekends. She said the one at the corner of Mandalay and Papaya is a problem. Mr.
Baker said some City owned dumpsters are located on street ends and staff will review the situation. Ms. Garris offered the help of a committee of the Beach Association to research
this problem and present Mr. Baker with a report.
Ms. Garris said the Task Force recommendation for a beach convention center was never for the Marina site but for a location on East Shore Drive. The Beach Council of the Chamber of
Commerce and the Beach Association are working on ideas for the pavilion at Pier 60.
Commissioner Berfield asked who recommended the marina location for the convention center. Ms. Garris did not know. The Yacht Basin was the only beach site studied by the Tourist
Development Council.
Commissioner Fitzgerald requested staff estimate the total cost of implementing the Task Force recommendations and present their findings to the Commission.
In order to identify issues, Mr. Shuford presented a preliminary focus report based on input from the CBBRTF and Commission direction. The report does not concentrate on large scale
redevelopment plans but rather on improving public facilities like streets, rights-of-way, sidewalks, and parks, and changes to the City's regulatory structure. He felt upgrading public
facilities will encourage private development.
Staff identified five main issues on the beach: improved pedestrian access, back-out parking, additional open space requirements on Clearwater Harbor, changed zoning regulations that
promote the theme but recognize existing land use patterns, and implementation of the Tropical Seascape Theme. The committee's report on the Tropical Seascape Theme, which has the potential
to unify the beach's diverse architecture, is nearly complete.
Staff hopes key results will be in pedestrian and traffic circulation, parking, appearance, zoning, and open space improvements.
Mr. Shuford presented slides based on proposed changes such as 20-foot wide, landscaped sidewalks free of back-out parking. Parking could be consolidated on the street and in selectively
located parking structures. Two-way streets would require limited parallel parking.
Should back-out parking be removed, spaces could be recouped through angled parking on one-way, one-lane streets that could include bicycle paths.
Mr. Shuford noted any direction staff takes will be relatively expensive and involve considerable staff time. Paid consultants may be required to help study parking, sidewalks, rights-of-way,
and open spaces. He noted there are still many mechanics to work out, but wanted to receive input from the City Commission prior to proceeding.
Commissioner Thomas congratulated staff for their creativity. He said problems might result from removing parking. He suggested building a boardwalk on the bay near Poinsettia. He
suggested a CRA district be considered for the beach.
Mayor Garvey noted the difficulties associated with one-way streets. Mr. Shuford said removing back-out spaces will result in a net loss of spaces. He suggested if parking is a major
issue, the Commission consider a parking garage(s) which also could be used by hotels and restaurants for valet parking. To reach its potential, Mr. Shuford said it was important for
Clearwater Beach to improve the pedestrian atmosphere and remove back-out parking from major streets.
Commissioner Fitzgerald asked if compensation for removing parking spaces was addressed in the report. Mr. Shuford said it was conceptual and a portion of the public right-of-way is
currently used for parking. He suggested changes in the LDC could include incentives to allow sidewalk cafes, vending, or outdoor displays. More ideas could be developed during future
discussions with the Commission. He stated he would like the Commission to review the concepts and provide direction at a future meeting.
b) Assistance with East End negotiations
The City is considering a lease agreement on the east end property involving a build-to-suit 200,000 square foot building for the prospective tenant. A joint recommendation from the
Interim City Manager's staff and the Director of the CRA, Peter Gozza, is to continue negotiations of the east end property with the aid of a professional. Several resumes/proposals
have been received.
Commissioner Deegan said Commissioners might not be familiar with Prime Interest whose principal is Richard Gerhing, former City Manager of Dunedin. Mayor Garvey noted he is involved
with Tampa's Aquarium project. Commissioner Deegan said that contract with the Tampa Port Authority embraces requirements similar to the City's. The Mayor recommended Mr. Justice who
is qualified and has interest in the City of Clearwater.
Commissioner Thomas said good negotiating skills and a developed expertise in commercial real estate were important. He felt law skills are secondary. Commissioner Deegan supported
both recommended candidates. Mayor Garvey questioned estimated costs. Mr. Justice bid a lump sum and Mr. Gerhing, an hourly rate with no cap.
Commissioner Fitzgerald asked if the City reached the point where they want to enter into a lease-design-build agreement. Mr. Gozza said discussions are now focused on the specifics
of a lease for a $20 million project that includes a 200,000 square-foot building.
Commissioner Berfield was advised that Lee Arnold is negotiating for the bidder.
Commissioner Fitzgerald was concerned with potential costs. Mr. Gozza noted Mr. Justice proposed a lump sum fee of $23,500. Commissioner Deegan said the proposal suggests payment
over four months and he hoped negotiations would not take that long. Mr. Gozza said the final decision will be made by the end of March 1994.
Commissioner Deegan expressed concerns about Mr. Justice's bid, stating that negotiations could break off after an hour. Mayor Garvey and Commissioner Thomas voiced similar concerns.
Commissioner Thomas suggested a counter offer stipulating a fee of 20% to cover the first two weeks of negotiations. Only a successful conclusion of an agreement would qualify Mr.
Justice for his total $23,500 fee.
Commissioner Deegan noted both bids lacked specificity with regard to the scope of services offered. With no idea on the estimated time negotiations will take, he said it was difficult
to settle on a price. Mr. Gozza said the outright purchase of the property or a build to suit and lease plan were being considered.
Mr. Gozza said the City has been negotiating for three months. The fine points of the agreement still need to be discussed. Citing the scope of the project, Mr. Gozza expressed a
desire to protect the City's interests.
The City Attorney said staff could handle the legal work depending on how sophisticated the transaction is, but will need help if it is complex. The Interim City Manager said the City
may require additional financial assistance or analysis of the City's bonding capability or CRA capacity.
Commissioner Deegan asked if the City knows at what point they will have a successful agreement. Mr. Gozza said when the elements of the contract are in place and there is a meeting
of the minds, Mr. Justice's job will be complete and legal will step in. Mr. Gozza noted the lease will be a long range binding agreement and its negotiation requires a specialist.
Commissioner Deegan wanted assurance that the negotiation of the lease agreement is part of Mr. Justice's package, prior to the involvement of legal.
Commissioner Thomas questioned if the negotiations could take place out of the sunshine. He said a city can negotiate out of the sunshine to purchase property and suggested the City
of Clearwater is proposing to buy a building not yet constructed and lease it. He requested the City Attorney research this issue.
Commissioner Fitzgerald noted the Commission faces a significant decision as the proposal requires the City to guarantee a $20 million loan. He noted problems recently reported
in the insurance industry and expressed reluctance at risking taxpayer's dollars. He felt local cities have not had an exemplary track record in financing development.
Commissioner Berfield moved that the Commission hire Mr. Justice, after negotiation of his fee schedule is completed, to represent the City in negotiations regarding the sale or lease
of the "East End" property and to work with the Executive Director of the Clearwater Redevelopment Agency, Mr. Gozza, and the Interim City Manager, Betty Deptula. The motion was duly
seconded. Upon the vote being taken, Commissioners Deegan, Berfield, and Thomas and Mayor Garvey voted "Aye." Commissioner Fitzgerald voted "Nay." Motion carried.
CITY ATTORNEY REPORTS
ITEM #11 - Other City Attorney Items
The City Attorney said he will ask the Commission for authorization to hire outside council on two pending cases at the February 17, 1994 meeting.
The City Attorney said no agreement was reached on the Ice House. A redraft arrived from Mr. Johnson, Mr. Shoeller's representative, by fax on the evening of February 11, 1994. The
revised agreement allows extra time for securing the east and south sides of the property. Language relating to the waiver of defenses that the owner might have had to demolition of
the building has been deleted. Instead of the City providing them with an affidavit executed by a City official, Mr. Johnson requests a certified copy of a final non appealable valid
order requiring demolition of the Ice House. This item will be added to the February 17, 1994 meeting and Mr. Johnson will attend.
The City Attorney reported when the Commission voted for the bylaws of the Community Development Corporation (CDC), according to Florida State statute, the elected members of the CDC
are to be elected by annual elections such that one third are elected every year. He noted the CDC by-laws now stipulate that the four members are elected for three year terms. To
comply with the requirement, he suggested language be drafted permitting the elected members to serve two year terms and staggering elections so every year, two members would be up for
vote. He suggested appointed members also could serve two year terms. The Commission concurred with Mr. Galbraith's conclusion.
ITEM #12 - City Manager Presentations
a) Privatization of Motor Pool
William Baird, General Services Director, stated the value of the existing Fleet Maintenance operation was evaluated in terms of direct and indirect services, costs, and methods of
operation. He reported the budgetary system, an internal service fund, is designed to pass all costs to user departments. The cash pool is intended to lower future costs.
Contracting out to the private sector in some areas has been identified to be cost-effective. Lease / purchase is the current method used for replacing equipment. While the
accounting system produces an excellent history of each piece of equipment, it cannot perform comparative analysis functions that are time consuming to do manually.
Fleet Maintenance's work force is stable and productive with minimal conflict between labor and management. All employees exhibit diversified expertise and provide maintenance on the
wide range of City equipment. Unusual work products, like Police Department targets, have been produced by the employee / management team.
Over the past two years, Fleet Maintenance has hosted visitors from more than 35 cities, counties, and companies who have expressed interest in the City's fleet expertise.
Fleet Maintenance recognizes improvements can be made:
1) Establish clear lines of communications and fully inform Fleet Maintenance customers of the benefits and / or problems of the operation.
2) Provide staff with a total perspective of budgetary and operational principles to provide a good team approach to improved efficiency, productivity, and comprehension of the complex
budgetary system.
3) Provide incentives for staff to acquire additional training to improve performance or enhance their careers.
4) Reduce the frequent changes to the equipment replacement schedule that impact future budgets with higher capitalization and operating costs.
5) Standardize equipment.
6) Develop an acceptable "motor pooling" plan to right-size the equipment inventory.
Efforts to realize these improvements include:
1) Development of an acceptable long-range equipment replacement plan.
2) Standardized equipment purchasing will be evaluated and may reduce the cost of parts. It also would reduce training requirements.
3) A plan that pools equipment pieces and includes an analysis of the cost of maintenance and capitalization. Under-utilized equipment will be pooled for multiple users and excess
equipment will be sold. Should the City's needs exceed the number of available units, an agreement is required for temporary equipment leasing. Additional arrangements will be made
for emergency situations.
4) A program to convert a substantial number of vehicles to natural gas will be based upon federal government mandates, requirements, and the economy. Current costs for conversion
to natural gas range from $3,500 to $5,000 per unit. A proactive approach can minimize long-range expenses.
5) A fuel management system and the upgrade of the City's fuel sites must be completed by 1998 per Federal mandate.
6) A computer system that meets the needs of both Fleet Maintenance and upper management is essential.
7) Dividing equipment class codes by user department is on schedule. This information can be used to implement cost-containment procedures with departments that have excessive maintenance
costs.
8) Eliminate barriers between employees and budgetary information and procedures.
9) An incentive training program needs to be established. Fleet Maintenance management would prefer to provide incentive pay to employees who obtain and maintain, on personal time,
the Automotive Service Excellence (ASE) certification. Recertification updates mechanics on technological changes.
10) A new program being implemented will diversify mechanics' expertise into numerous sections.
11) Fleet Maintenance will modify its Human Resource requirements to include the ASE certification requirement.
12) To increase employee morale and productivity, a structured-team approach will be implemented.
13) Continue to monitor and evaluate existing outside contractors and explore new areas where out-sourcing may control costs.
Mr. Baird said consideration of Fleet Maintenance privatization has been stressful for department employees. Mr. Baird promised to notify immediately the City Manager if Fleet Maintenance
loses its competitive edge.
Commissioner Deegan said he reviewed the report from the consultant who evaluated the department and asked about the recommendation to perform preventive maintenance after hours and
on weekends. Mr. Baird said the department does peak demand scheduling and is open from 6:00 a.m. to 6:00 p.m. An evening shift has been contemplated.
Commissioner Fitzgerald noted the evaluation gave good grades to the Motor Pool and commended Mr. Baird and his staff. He noted nothing indicated that privatization would be beneficial
and agreed with Mr. Baird's suggestions for improvements.
Mayor Garvey asked what parts company was being used. Mr. Baird said, based on bids, his department uses Anderson, a subsidiary of Ace Auto Parts, headquartered in South Carolina.
Commissioner Deegan encouraged Mr. Baird to pursue seriously the warranty program and incentives for those who exceed productivity standards. Mr. Baird said he planned to use engineer
standards as his barometer and continue staff training to meet those standards. Commissioner Deegan suggested requiring ASE certification as a condition for hire and questioned if employee
development was needed to increase the department's present level of certification. Mr. Baird said this was a bargaining situation. He noted many have allowed their certification
to lapse because there is presently no incentive to retain it.
Commissioner Thomas did not think checks and balances were adequate. He noted department heads have no choice but to use Fleet Maintenance that sets the rates. He said the evaluation
was not fair because it compared the department to leasing operations that always have higher maintenance costs. He asked if department heads could challenge Fleet Management and obtain
their services elsewhere. Mr. Baird said he has been challenged and has explained the rates to all who have complained. Problems of cost clarification cannot be addressed with the
present computer system. Fleet Maintenance is planning to disseminate information to the division and supervisor level for better understanding of the charges.
Commissioner Thomas requested that departments be availed the opportunity to challenge Fleet Maintenance's charges. Ms. Deptula added staff is developing a two- or three-tier pricing
schedule so departments who abuse vehicles will pay more than those who take good care of them.
It was the consensus of the Commission that the City is not currently pursuing the concept of privatization of the Motor Pool.
ITEM #13 - City Manager Verbal Reports
a) Draft lease with Silver Dollar Trap Club for Hillsborough County property
A draft copy of a proposed fifteen-year lease between the City and the Silver Dollar Trap Club, Inc. for an approximate 18.18 acre parcel of the City's Hillsborough County property
was received. The rent calculation included in the lease is based on valuing the land at the City's original cost of $3,250 per acre, and capitalizing that value at 8% to reach an annual
rent of $4,726.80 per year or $393.90 per month.
Mr. Rex Harper, representing the Lessee, Silver Dollar Trap Club, Inc., requested the Commission consider the proposal. The lease was prepared by the City's Real Estate Services Manager
and reviewed by the City's Legal Department.
Interim City Manager Deptula said the Silver Dollar Trap Club owns the approximately 57 acres traded by the City for the property on Island Estates being permitted for a marina. The
Club expressed interest in purchasing the acreage but the City put such action on hold while negotiations with Hillsborough County progressed. An appraisal was completed and the property
was declared surplus. Advertising offering the land for sale was scheduled. Commissioner Thomas requested the City rescind the declaration of surplus so the land could be leased.
Mr. Harper said two thirds of the 18 acres are wetlands. The parcel, contiguous to their other property, will be used as a buffer zone. Some shot will fall on it. Commissioner Thomas
asked if they had plans to build. Mr. Harper said one or two small concrete bunkers would be constructed on the property for launching skeet.
Commissioner Thomas asked what price was previously negotiated. Mr. Harper said his client and the City shared the cost of the $45,000 appraisal. The Interim City Manager explained
the City did not accept the appraisal because it was based on lack of access. A subsequent appraisal reflected a higher value. The requested rent is based on what the City paid for
the property, that is higher than either appraisal.
Commissioner Thomas expressed concerns that the environment not be harmed from buckshot and clay. Ms. Deptula said provisions are included in the lease and the City plans to perform
a baseline environmental audit so no arguments can be conceived when the terms of the lease end.
Commissioner Deegan moved to accept the recommended fifteen-year lease between the City and the Silver Dollar Trap Club, Inc. for an approximate 18.18 acre parcel of the City's Hillsborough
County property. The motion was duly seconded and carried unanimously.
The meeting recessed from 5:50 p.m. to 6:00 p.m.
Commissioner Deegan moved for the meeting to continue after 6:00 p.m. until the agenda is completed. The motion was duly seconded. Upon the vote being taken, Commissioners Deegan,
Berfield, and Thomas voted "Aye." Commissioner Fitzgerald and Mayor Garvey voted "Nay." Motion carried.
b) Pinellas Planning Council Hospital Floor Area Ratio Issue
At the conclusion of the February 3, 1994, discussion on the Pinellas Planning Council (PPC) floor area ratio (FAR) for hospital issue, the Commission directed staff to pursue the PPC
rules change allowing a 1.0 FAR for hospitals without the mandatory intergovernmental coordination proposed in some alternatives prepared by PPC staff. The Commission was concerned
about the implications of giving up jurisdictional authority for zoning and site plan review under the PPC staff option.
The Interim City Manager recommended an alternative that allows a FAR of 1.0 but requires that: 1) adjacent local governments formally receive any master plan associated with hospital
development involving a FAR of greater than 0.65 within 150 feet of that jurisdiction; 2) adjacent local governments be given the opportunity for input into final site design, but have
no ultimate authority over final design; 3) the site plan must be analyzed in terms of the development review standards of the adjoining local governments, but with the local government
having ultimate authority to determine the standards that apply to the site; and 4) if the affected local governments cannot agree with the final site design, then the Tampa Bay Regional
Planning Council's (TBRPC) formal dispute resolution process must be followed although the results are not formally binding on the local government having jurisdiction.
Interim City Manager Deptula and her staff noted the first three components are parts of the review and approval process the City intends to follow in the Morton Plant case, and recommended
them as an effort to demonstrate good faith in Clearwater's relationship with Belleair. Staff is resistent to the final component, however, because it could substantially lengthen the
development process over what may be minor issues. The City will still be able to enter voluntarily into dispute resolution with Belleair over any issue. The City is reluctant to be
required to do so.
Staff suggests modifying the proposed alternative by deleting the final subparagraph (4.d) that deals with the dispute resolution process.
Ms. Deptula felt confident the proposed alternative that included the modification will be acceptable to Morton Plant Hospital, Belleair, and PPC staff.
Mr. Shuford, Director of Central Permitting, reviewed the proposed alternate. He said this was very similar to City's plans to review Morton Plant Hospital. He did not agree that
Clearwater should be required to go to TBRPC over any disagreement because the process would not be binding and could be time consuming. He felt the 1.0 ratio will be implemented.
This compromise would show Belleair that Clearwater respects their concerns.
It was the consensus of the Commission to accept staff's recommendation with the modification of deleting 4.d. Commissioner Thomas expressed concerns about maintaining good buffering
for the residents of the Harbor Oaks neighborhood.
Other Verbal Reports
Ms. Deptula reported the Commission will be considering, on March 3, 1994, the second reading on reclaimed water rates for the various golf courses and facilities that use reclaimed
water. The Public Works staff re-examined the way rates were calculated and noted if the capital costs recovery section was disregarded, rates would be halved. Mr. Baker, Acting Assistant
City Manager, said the original calculation included recovery of the costs of old lines. Because the City had said it would pay for those lines with funds from the sewer fund, this
item could be struck from the list of operating expenses. He estimated a rate of $16+ per acre was adequate. The City Attorney advised that the ordinance could be amended on second
reading because rates were being reduced.
Commissioner Thomas said he received complaints that the formerly proposed rates were higher than for potable metered water. Mr. Baker stated this was not true. Ms. Deptula explained
the reclaimed water rate was about $7,000 a month for Countryside Country Club. For the same amount of water use, the potable rate would be $45,000. Mr. Baker said rates for reclaimed
water are based on actual minimum operating expenses.
Commissioner Deegan recommended any fee not include construction costs. Mr. Baker said the $40,000 Administrative Fee was for operating some monitoring wells, and other minor costs.
An itemized list of charges will be presented to the Commission. Commissioner Deegan
suggested the Commission consider what the City would charge for residential use of reclaimed water when establishing the rate for the golf courses.
Ms. Deptula questioned if staff needed to respond to Jay Elliott. Mayor Garvey said some of the charges were false. She is reviewing her records and will discuss them with the City
Attorney. Mayor Garvey said Mr. Elliott has threatened a lawsuit and the City Attorney recommended the Commission do nothing. Commissioner Deegan asked if some kind of answer would
be forwarded to Mr. Elliott. Mayor Garvey said she would work with the Attorney to decide what is appropriate. Commissioner Deegan felt the Commission, as a whole, should discuss proposed
further action and requested Mayor Garvey keep them apprised.
Commissioner Thomas noted Mr. Elliott made his charges under oath and required a formal response. He felt the Commission had a legal requirement to respond.
ITEM #14 - Commission Discussion Items
a) Library Board's recommendations re advertising on magazine covers and 25 item limit
The Library Board recommended that plastic covers on any future magazines donated through EBSCO should read "Compliments of," so library customers are aware that the subscriptions were
donated by the corporate sponsors whose advertising appears on the cover. Library staff will be responsible for selecting the magazines to be donated, monitoring the composition of
the advertisements, and acknowledging corporate gifts. The Board recommended corporate gifts to the library be more widely acknowledged, so customers would not feel this type of gift
was unusual or an exception to normal library activities.
The Library Board unanimously recommended the Commission rescind the circulation limit of 25 library materials. They felt checking out large numbers of materials should be viewed as
positive library usage, not abuse. The Library Board did not request a limitation on the number of materials circulated and does not feel the need for one. The continued receipt of
written complaints from library customers shows that the policy change has been negative.
Commissioner Deegan felt these types of decisions should be made by the Library Board rather than the City Commission and stated he was willing to accept both recommendations.
It was the consensus of the Commission to accept the Library Board's recommendation regarding advertising on magazine subscriptions.
Commissioner Thomas disagreed with the Library Board's recommendation on the 25 item limit issue. He noted the complaints were primarily from businesses. He is against the Public
Library subsidizing for-profit businesses. Mayor Garvey felt the library's purpose was to allow people to use library materials.
Commissioner Fitzgerald moved to rescind the circulation limit of 25 library materials as recommended by the Library Board. There was no second.
Commissioner Deegan moved to rescind the limit of 25 library materials for non profit organizations and individuals who are not using the materials for profit making ventures. The
motion was seconded.
Dr. Arlita Hallam, Library Director, said cards are issued to individuals. This proposal would be difficult to supervise. Commissioner Deegan asked if usage could be verified. She
said those who check out large numbers of materials include home schoolers, those doing research for their businesses, and day care centers. Commissioner Deegan objected to day care
centers reducing business cost by not purchasing their own materials.
Dr. Hallam said she did not know how the Library could track "abusers."
Ms. Rice, Deputy City Manager, suggested the Commission give the Library direction about the need to gain some control over checking out large numbers of materials. She suggested Dr.
Hallam come back to the Commission with a recommendation to solve the problem.
Commissioner Deegan amended his motion to rescind the limit the Commission placed on checking out library materials on the condition Library staff come back with a method of controlling
abuse by individuals who are using the Library for personal gain. The seconder did not accept the amendment and withdrew the second.
Commissioner Berfield moved to continue this item to the next Monday meeting. The motion was duly seconded and carried unanimously.
b) Direction re scheduling discussion of Hildebrandt audit of Legal Department
Commissioner Thomas has requested the entire Legal Department staff and the Hildebrandt staff representatives attend the meeting for questions. Commissioner Deegan concurred with Commissioner
Thomas' recommendation.
Interim City Manager Deptula agreed to schedule a Monday meeting in Chambers with the Legal Department and Hildebrandt representatives.
c) Swearing in of speakers
Mayor Garvey felt this action would be too cumbersome. Commissioner Berfield recommended all professionals and all who speak to legal items be sworn in. Citizens to be heard are expressing
opinions and would not be subject to this rule.
Commissioner Thomas felt those who give testimony should be sworn in and subject to legal consequences. Commissioner Deegan said the Municipal Code Enforcement Board (MCEB) excuses
attorneys from being sworn in. The City Attorney said in court, attorneys don't testify or present evidence but ask questions. Commissioner Deegan pointed out lawyers are officers
of the court, not of the MCEB.
Commissioner Berfield said when attorneys appear before the Commission, they present testimony. The City Attorney said attorneys could bring in witnesses to testify, but to save money,
they relate information. He suggested should they testify, they could be put under oath.
Commissioner Deegan questioned if swearing in witnesses would limit the willingness of the general public to offer opinions. Commissioner Thomas suggested swearing in witnesses as
a group at the beginning of meetings. Mayor Garvey asked what procedure was suggested for those arriving late.
Commissioner Berfield said she was not concerned about the public but with professionals. Mayor Garvey suggested the Commission had not weighed all the issues.
Commissioner Berfield moved to continue discussion of this item to the next Monday meeting. The motion was duly seconded and carried unanimously.
ITEM #15 - Other Commission Action
Commissioner Deegan requested the status of the annexation question of enclaves posed to the County. The City Attorney said the only development was a pending lawsuit challenging the
requirement of annexation to be hooked into the sewer system. There is indication that a settlement might occur and he wanted to wait until this is resolved.
Commissioner Thomas reported discussion of the completion of another section of Pinellas Trail at a recent Metropolitan Planning Organization (MPO) meeting. At this time, the MPO has
nothing planned for Clearwater and no action will ensue until the City makes a formal request.
Commissioner Deegan noted the railroad and post office disputed the positioning of the Trail on East Street. Commissioner Thomas noted many residents bike on streets and suggested
widening sidewalks in that area and not referring to it as "Pinellas Trail."
Ream Wilson, Director of Parks & Recreation, said Pinellas County has expressed concern and has crews surveying East Street, studying the right-of-way to see if there is adequate space.
The railroad is opposed to locating the Trail along the tracks. The north and south ends of the Trail cannot be built toward East Street until the right-of-way is assured. An alternate
route closer to Clearwater Bay may be developed. Mr. Wilson said he would check on the County's progress. Commissioner Deegan requested he contact Downtown Development Board (DDB)
President, Elice Winters regarding their task force's Trail location recommendation.
Mayor Garvey asked about the list of House and Senate bills sent by Commissioner Deegan. Commissioner Deegan requested the Legal Department monitor the progress of the Commission's
recommended legislative agenda and, if action is deemed appropriate, advise the Commission. He stated he was concerned regarding the proposed new method for homestead exemption.
Mayor Garvey referred to Commissioner Deegan's memorandum regarding the gun buy back. Commissioner Deegan said the point of his memorandum was to advise Police Chief Klein that not
responding to the letter was inappropriate. Chief Klein recommended against involvement with a gun buy back program. The consensus was that the Mayor respond and state why the City
disagrees with the program.
Commissioner Deegan spoke against adjourning the Commission meeting for a Work Session because citizens may miss items they feel are vital when they view the broadcast.
Work Session
It was the consensus of the Commission that the Work Session be a part of the regular Commission meeting.
WS1) No item
WS2) Closing Streets for Special Events
Mr. Ream Wilson presented a list of 20 planned special events and the streets affected. Commissioner Thomas questioned the routing of the Holiday and Easter Classics through residential
neighborhoods to the end of north Clearwater Beach. Mr. Wilson said the March of Dimes Walk only travels north to Somerset before turning toward south beach. Commissioner Thomas has
received many complaints.
Mayor Garvey noted the Special Events Committee authorizes the routes. Commissioner Thomas expressed disapproval of the City routing special events through private residential neighborhoods.
He asked if the City monitored and audited participating organizations.
Mr. Wilson said auditing procedures were not now required. Participants complete an application that is reviewed by the Special Events Committee. The City assumes the application
is correct. Fees are only waived for events approved by the Commission at the beginning of the year. All other organizations sponsoring events pay actual costs, including police services
following the event.
Commissioner Thomas expressed concerns about oversight of the use of City assets to subsidize charities raising money. Mr. Wilson said the City uses a post event form to track the
number of participants and the amount of money collected and spent. Commissioner Thomas recommended a procedure be established. Commissioner Deegan said he supported present procedures
for the kinds of events and organizations that now participate.
Terry Schmidt, Senior Recreation Supervisor, said financial reports on the Turkey Trot track every penny. Past Trots have supported scholarships and water fountains for the Pinellas
Trail. When the City co-sponsors events, staff is diligent in checking financial records. Mr. Schmidt said many events have no revenues generated, no registration or entry fee. Required
financial information on the Jazz Holiday, partially subsidized by the City, has not yet been received. Clearwater Festivals provides annual reports for the 4th of July event and Fun
'N Sun.
No financial report has yet been received from the Chamber of Commerce and Pinellas County for the Bayside Bridge Boogie.
Mr. Wilson said post event forms are returned for most events. Commissioner Thomas requested a report that includes gross revenues on each participating organization. Mr. Wilson said
staff would track future events that charged a fee and forward a report. Interim City Manager Deptula said the City will continue current policy with the Special Events Committee coordinating
events and will make certain that a post event report is completed. Mr. Wilson said he will forward a report of each event to Ms. Deptula.
Commissioner Thomas asked if the Easter Classic must travel deep into beach residential areas of north beach. Mr. Wilson replied the race must be six miles or ten kilometers and the
only alternative would be to hold the race elsewhere. He said past complaints have focused on cups littering the area around a water station in front of a congregate living facility.
To accommodate these concerns, the station was moved. Lieutenant Hardman said the race's impact on traffic is minimal and may delay cars for two or three minutes at most. Commissioner
Thomas said residents are concerned with strangers running through their neighborhood and felt it would be safer if races were not routed through residential neighborhoods. Mr. Wilson
replied it was very difficult to avoid residential areas. Mr. Schmidt noted few complaints about the Turkey Trot and said many residents along the route rise early to cheer the runners
who begin their race at 6:00 a.m.
WS3) Environmental Management Group's Five Year Capital Improvement Projects Work Plan (PW)
AND
WS4) Agreement with SWFWMD, Pinellas County and cities of Largo, Safety Harbor and Belleair for development and implementation of comprehensive watershed management plans for watersheds
in the mid-Pinellas area (PW)
AND
WS5) Agreement with SWFWMD, Pinellas County and City of Safety Harbor for development of a Comprehensive Watershed Management Plan for Alligator Creek Watershed (PW)
Interim City Manager Deptula said Items WS3, WS4, and WS5 will return on Thursday, February 17, 1994 for additional discussion and approval.
Since the creation of the Environmental Management Group in 1990, staff has developed a comprehensive program that will enable Clearwater to implement environmental measures during
the next five years funded by the Stormwater Utility Fee and other identified sources.
Clearwater submitted three projects for Pinellas-Anclote funding this year with an estimated combined cost of $1,555,000. These include: (1) Allen's Creek Experimental Water Quality
Treatment Demonstration Project (Clearwater High School); (2) Del Oro Stormwater Treatment Facility Project; and (3) Allen's Creek Maple Swamp Restoration Project. If the projects are
determined consistent with State funding criteria and selected for funding approval by the Pinellas-Anclote River Basin Board, the State will share 50% of the costs. Of 27 draft proposals
submitted by local governments, the Clearwater Maple Swamp project received the
highest rank. The Allen's Creek Water Quality Demonstration Project was ranked within the top 10 projects and the Del Oro Project was ranked low.
Tom Miller, Environmental Manager and Assistant Public Works Director, said new State information requires a resolution soon. Approval of the 5-year plan is conceptual and requires
no financial commitment.
Staff also applied to the Pinellas-Anclote River Basin Board for cooperative funding for the Mid-Pinellas Comprehensive Watershed Management Plan and invited the communities of Belleair,
Dunedin, Safety Harbor, Largo, and Pinellas County to participate in a planning effort. In June 1993, the Commission reviewed the status of the Mid-Pinellas cooperative and were advised
that the City had agreed to fund the entire local share of $1.3 million to facilitate planning discussions. Local communities had expressed interest in participating but were not prepared
to offer financial support. Commission directed staff to pursue State funds and cooperative funding from adjacent communities.
With the exception of the city of Dunedin, all surrounding communities and Pinellas County agreed to assist Clearwater develop a comprehensive watershed management plan to address water
quality, quantity, and natural habitat issues. Only Pinellas County will commit funds. The plan considers source controls and will establish project priorities for funding within available
resources. Because Dunedin is unwilling to participate, both the spring branch of Stevenson's Creek that drains water from Dunedin into Clearwater and the Curlew Creek Basin that drains
water from Clearwater to Dunedin have now been dropped from further watershed planning consideration. Coastal Basin No. 4 is essentially developed, has no known stormwater connections,
and can be separated hydrologically for planning purposes even though Clearwater shares some natural drainage there with Dunedin. The plan excludes Allen's Creek and Alligator Creek
that are being completed under separate agreements.
Total cost of the project is not anticipated to exceed $6-million. Clearwater's estimated financial share is $1,125,150. This calculation is based upon the contributory drainage areas
of the cities of Clearwater, Largo, Safety Harbor, Belleair, Belleair Bluffs, and Oldsmar as shown in Appendix B of the Agreement. Belleair Bluffs and Oldsmar have not been invited
to participate because they have insignificant contributory drainage to a creek. Only Clearwater, SWFWMD, and Pinellas County will participate in the funding.
On February 2, 1994, the State verbally informed the City of their requirement that a letter that includes local financial commitment and the proposed scope of services be received
by February 28, 1994.
Staff recommends approval of the Agreement between the City of Clearwater, SWFWMD, and Pinellas County for the development and implementation of a comprehensive watershed management
plan for the mid-Pinellas area watersheds.
Mr. Miller noted the watersheds have no political boundary. Surrounding communities were willing to discuss watershed problems only when they were not required to share in the costs.
He said the City has applied for funds from several sources. Clearwater accepted the
leadership role in developing the watershed management plans and invited local communities to participate. SWFWMD agreed and offered to share 50% of the cost of the Mid-Pinellas Plan
up to $3-million and up to $0.6-million for the Alligator Creek plan.
The Alligator Creek watershed management plan's draft agreement names Clearwater as the administrative lead on this cooperative program with Safety Harbor, Pinellas County, and SWFWMD.
The plan calls for: (1) development of a watershed management plan to address surface water quality, quantity, and natural habitat; (2) the design and permitting of the top three prioritized
projects recommended by the plan and; (3) construction of one or more of the top three prioritized projects.
The problem with the Alligator Creek plan is a disagreement between Pinellas County and SWFWMD regarding a stipulation in SWFWMD's contract that Pinellas County and Clearwater must
reimburse SWFWMD's outlay if the project is canceled by either government before implementation. Pinellas County claims they cannot legally agree to repay expended funds or commit a
future board to the actions of a previous board. County enclaves comprise a significant land area within the basin. The City needs the inclusion of the County and Safety Harbor in
this project. Mr. Miller suggested the City may want to press SWFWMD and the County to continue negotiations.
Mayor Garvey asked if SWFWMD set aside $1.3 million for the $2.6 million Mid-Pinellas Plan. Mr. Miller said the plan calls for design and conceptual permitting and the development
of plans and specifications for one or more projects that may be developed as a result of the planning. Participants that include Largo, Pinellas County, Safety Harbor, and Belleair
have agreed to a five year commitment to the capital improvement projects (CIP) but, with the exception of the County, were unable to participate in funding for the plan.
Mr. Miller encouraged the City to move forward with the plan even if Clearwater pays the majority of the costs because the City's stormwater system needs to be addressed. The surrounding
municipalities have offered to share the results of their recent reviews of water quantity issues that could be viewed as a contribution to the Mid-Pinellas Plan.
The other cities are unwilling to develop a CIP for each plan if they cannot vote in the planning group. Mr. Miller said the Commission's direction was that those who do not pay, do
not vote. He asked if there was a change in Commission direction. The State requires a commitment and a scope of service by February 28, 1994, or else SWFWMD will withdraw their offer
of funds.
Commissioner Thomas expressed concern that other communities were not willing to assist. Mr. Miller stated they are willing to assist but committing to funding was a problem.
Commissioner Thomas noted a large dollar amount is being spent on studies, which don't clean anything. He suggested using stormwater funds to focus on cleaning Clearwater's water.
He asked which project would clean Clearwater's water fastest.
Mr. Miller stated the Mid-Pinellas Plan is needed in order to determine those priorities.
Commissioner Deegan noted the advantage of SWFWMD's contribution to the cost of the projects. Ms. Terry Finch, Environmental Programs Supervisor, said a major part of the planning
effort is to prioritize and justify projects.
Commissioner Deegan questioned why planning costs in Agenda Item WS4 weren't capped like those in Agenda Item WS5. Ms. Finch said she did not have a cost estimate.
Commissioner Deegan said the agreement, as written, would allow the entire $2.6 million to be spent on the planning effort. Ms. Finch estimated planning would cost $2 million. The
remaining $600,000 would be spent on construction. In order to qualify for funding from the district, the entire $2.6 million had to be assigned to the project.
Mr. Miller said SWFWMD requires an answer by month's end or will rescind their offer for funding. Commissioner Deegan recommended a cap for planning be included.
Commissioner Thomas asked how many dollars the City could lose. Mr. Miller said, for example, 71.5% or $858,000 of the Alligator Creek plan is scheduled to be funded by "others, "
SWFWMD's share, subject to cancellation, is $600,000, 50% of the total project cost.
Commissioner Thomas asked if staff had considered projects funded by and benefitting only Clearwater. Mr. Miller said Clearwater earns $3.4-million yearly in stormwater utility revenue.
Of the $1-million available each year for capital improvements, $.6-million is directed to habitat restoration, land acquisition, and water quality improvement projects. Available
funds at the start of FY '94 total $1.2-million, an inadequate amount to address water resource projects or land acquisition.
Commissioner Thomas asked how Public Works and Parks and Recreation Stormwater operating costs were funded prior to the implementation of the monthly $3 per household fee. Ms. Deptula
said the Commission chose to transfer those costs from the General fund to the stormwater utility fund.
Commissioner Thomas felt that action was inappropriate. He felt if property taxes covered City expenses, residents would benefit from higher federal tax deductions. He expressed concern
that other communities weren't paying their fair share. He noted he preferred City funds be used to clean City water. Mayor Garvey said basin boundaries extend beyond City lines and
no water can be cleaned until proper studies are completed.
Commissioner Deegan said without a master plan, Clearwater would not know where to best spend the money. He reiterated his support for a cap on planning costs.
Commissioner Deegan felt unless other municipalities paid equally, they should not vote.
Ms. Finch said the other municipalities feel if they are responsible for budgeting for the capital improvement projects the plan requires, they need to be a party to the decisions.
By participating, municipalities are committing to include prioritized projects in their CIP budget for a
five year program, to work with the City, to adopt the same design criteria, to use the same programs within the basins, and to participate with all educational efforts.
Commissioner Berfield asked who is paying for the consultant. Ms. Finch said Clearwater and Pinellas County are paying for the consultant and the City is managing the consultant.
Mr. Miller said the other municipalities want to be certain the consultant is one they agree will do the work they have identified.
Commissioner Thomas noted Agenda Items WS3, WS4, and WS5 don't list any costs associated with approval. Mr. Miller said costs will be determined before the final agreements are developed
and signed. Approval of these items would signal Clearwater's commitment to implementing the City's share of the cost. Commissioner Thomas asked how much the total package will cost.
Mr. Miller estimated the cost could reach $3 million. Commissioner Thomas asked how much clean water the City would acquire for this substantial investment.
Mr. Miller said no cleaner water would result from the three-year study. Once the projects recommended by the study are completed, cleaner water will result. Commissioner Thomas asked
how to achieve cleaner water more quickly. Mr. Miller said the Allen's Creek / Druid Road bridge replacement project has a water quality benefit and will be completed within a year.
Commissioner Thomas expressed concerns about the high cost of planning before any results are realized. Mr. Miller said the document includes planning and five projects designed to
improve water quality.
Commissioner Berfield questioned why the Del Oro project was being brought forward, since it was rejected several years ago. Mr. Miller stated the streets in Del Oro are eroding due
to deteriorating storm pipes. The County and SWFWMD will not permit replacement pipes large enough to address the identified drainage problems until a retention pond is constructed.
The only spot in the basin identified as appropriate is in Del Oro Park. He stated they are working with the residents to address their concerns.
Commissioner Fitzgerald said residents are concerned as many felt locating the retention pond in the park was a dead issue based on earlier opposition. Mr. Baker said two years ago
the City wanted to build two ponds strictly for water treatment, but the neighborhood objected. Now the streets need to be repaired and SWFWMD rules stipulate the infrastructure cannot
be repaired without the installation of ponds or water treatment devices.
Commissioner Thomas questioned if information was available regarding how much clean water would result from a specified dollar investment. Ms. Finch said those estimates are provided
by the studies.
Mr. Miller presented a pictorial concept of a 19-acre downtown system of lakes located between Court, Greenwood, Cleveland, and East Streets and bordering Park Street. A 1926 aerial
view of downtown shows the extensive wetland and marsh system that once existed in this area created by the tributary drainage system of Stevenson's Creek.
Development of a two stage lake system is proposed. Injecting the lake with an alum flocculation type material to remove nutrients, sediment, and trace metals will be considered.
A feasibility study would need to be completed.
Water dumped into the second stage would be treated by a heavily planted, biological system. The water would then be discharged through existing pipes. The Norman Bie property could
be purchased for a marsh type activity at street's end that could include a spreader channel to sheet water flow into Clearwater Bay.
This project could be combined with a road bridge or the Pinellas Trail. Water in the lakes could be credited to new downtown development in meeting required treatment standards.
Commissioner Thomas suggested the lakes could attract an upscale residential area. Mr. Miller agreed property near the lakes will increase in value.
Mr. Miller estimated the cost of this project would be $7- to $10-million as land acquisition costs are high. Commissioner Thomas asked if SWFWMD funds were available for this type
of a project and Mr. Miller said he would check. He noted the City could apply for grant money through the Coastal Grant.
5) Adjournment
The meeting adjourned at 8:15 p.m.