08/29/1991 (2)
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AGENDA
SPECIAL CITY COMMISSION MEETING
August 29, 1991 - 5:01 P.M.
1. Call to order 1. 5:01 p.m.
2. Public Hearing & Second Reading 2. Ord. 15105-91 adopted.
Ord. 15105-91 - regarding
specifications and standards for
Stormwater Detention Facilities
3. Proposed Settlement from Appalachian 3. Authorized settlement of
Insurance Company on Clearwater Pass $400,000 & authorized Mayor
Bridge Claim and City Clerk to execute
release upon receipt of that
amount from the insurance
company.
4. Temporary Decrease in General Service 4. Approved service agreement
Sales Capacity with Florida Gas temporarily decreasing the
Transmission Company General Service Sales
Capacity with FGT and
authorized City Manager or
. his designee to execute
agreements for decreases in
capacity allocations.
5. George Mallory Parking Agreement for 5. Approved parking agreement
Noncommercial Parking Lot located at and referred it to City
520 0 Street, NW corner of 0 Street Attorney for recordation.
and Hamlet Avenue
6. Adjournment 6. 5:36 p.m.
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Action Agenda
1
8/29/91
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CITY COMMISSION SPECIAL HEETING
August 29, 1991
The City Commission of the City of Clearwater met at City Hall with the
fOllowing members present:
Rita Garvey
Sue Berfield
Richard Fitzgerald
Lee Regulsk1
William Nunamaker
Also present:
Michael J. Wright
M. A. Galbraith. Jr.
William C. Baker
Mary K. Diana
Mayor/Commissioner
Vice-Mayor/Commissioner
Comrnissf~ner
Conmissioner
Commissioner
City Manager
City Attorney
Public Works Director
Assistant City Clerk
The Mayor called the meeting to order at 5:01 p.m. and the following items
were presented:
Item #1 - Public Hearina & Second Readina Ordinance #5105-91 - Creating Sec.
136.031, adopting standards and specifications for stormwater detention
facilities; amending Sec. 137.010, relating to site plans and stormwater
detention requirements for development projects requiring site plan approval.
Property undergoing development within the City of Clearwater has for many
years been subject to stormwater detention and treatment requirements based
primarily upon the extent of impact. In the case of redevelopment of property
which was at the time of its initial development not subject to any stormwater
requirements and therefore extensively paved or otherwise impervious, the impact
of the redevelopment is often a betterment to the stormwater situation, and the
developer circumstantially avoids having to provide stormwater facilities.
In the City' 5 Comprehensive Plan, it was pledged to eliminate that inequity
by adopting new retrofit standards relative to storllTtlater requirements. This was
in fact accomplished by the City Engineer in January. and redevelopers have been
subject to the new requirements since that time. The subject Ordinance has been
written for the purpose of specifically ordaining the actions of the City
Engineer and for certain streamlining.
William Baker, Public Works Director. distributed a handout depicting a
parcel of property on Cleveland Street. He gave hypothetical examples as to how
this parcel would be affected in the case of redevelopment under the present
code. He also presented examples on how the same parcel would be affected under
the proposed ordinance. This ordinance requires the developer to furnish a
certain size pond or to pay the City in lieu of a pond, if there is not room for
one, calculated on a square footage price of the land. In addition, the
developer would have to meet stormwater quality requirements dictated by SWFWMD.
SpeCial CC Mtg.
1
August 29, 1991
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The City Attorney presented Ordinance 15105-91 for second reading and read
it by title only.
Steve Fowler, architect, complimented the City Commission and staff for
their efforts in preparing this ordinance and questioned whether the areas of
existing problems and the definition of a "problem" in these areas had been
clearly defined in the ordinance. He expressed concern for the developer, who
is tearing down and replacing a structure with a more modern and efficient ft,et
especially in the downtown, being penalized 3 to 4 times more than someone who
is just remodeling an existing structure.
In response to the above, it was indicated the existing problem areas and
the definition of "problem" have been clearly defined in the ordinance. It was
a lso indicated the City desires to save older hi storie buildings through
restoration.
Commissioner Regulski moved to pass and adopt Ordinance 15105-91 on second
and final reading. The motion was duly seconded and upon roll call, the vote
was:
IIAyes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey.
"Naysll: None.
Item #2 - Proposed Settlement Offer from Aooalachian Insurance Company on
Clearwater Pass BridQe Claim.
The City Attorney stated that in January 1991 the City Commission
authorized litigation against the Appalachian Insurance Company relating to the
claim the City had made on the damage to the Clearwater Pass Bridge in June 1987.
He said this case was referred to Alan Zimmet, special counsel, and rather than
file suit Mr. Zimmet contacted the insurance company and renegotiated the
possibility of a settlement without trying the case. last week, Leo Shrader,
Risk Manager: Jon Marcin of Gallagher Bassett; and Mr. Zimmet negotiated a cash
settlement of $400,000 to the City in release of the claim the City has against
the insurance company for the incident. Mr. Galbraith said there is no assurance
the City would win this suit if litigated and witness fees could be very high.
Discussion ensued in regard to this being a fair offer and it was noted
this offer is not the total amount of the settlement on the bridge. The City
Attorney said the total damages calculated by the City were a little less than
$2 million and the primary carrier, lloyd's of london, paid $425~000, the limit
of their coverage, which helped in the negotiations with Appalachian. The
insurance proceeds total $825,000, the City's deductible totals $75,000 which
combined almost covers the total amount of the damages to the bridge.
Commissioner Fitzgerald moved to approve the settlement offer from
Appalachian Insurance Company on the Clearwater Pass Bridge claim in the amount
of $400,000 and to authorize the mayor and city clerk to execute the release upon
receipt of that amount from the insurance company. The motion was duly seconded
and carried unanimously.
Spec ia 1 CC Mtg.
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August 29, 1991
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In response to a question from the City Manager, it was indicated this
money would probably be put into the Bridge Fund.
Item 14 - Temoorarv Decrease in General Service Sales Caoacity wijh tjorida ~~s
Transmission Company.
Our natural gas supplier. Florida Gas Transmission Company (FGT) is an open
access pipeline. In November 1989. we entered into a 5-year service agreement
which stipulated daily quantities of gas to be used by our end users at
quantities projected through the year 1995. Under this contract, we pay a
commodity charge for each therm of gas taken from the pipeline and a separate
udemandu or reservation charge for the total amount of therms reserved for use.
Because FGT contract reserve gas quantities at amounts expected years into
the future, many customers are paying excessive demand charges in the early years
of their contract for the guarantee of having sufficient gas volume to meet
expected growth. To compensate for this anomaly, FGT is required by the Federal
Energy Regulatory Commission to allow local distributors to temporarily
relinquish portions of its gas reserved under contract on a month to month basis.
The temporarily released gas in marketed by FGT to other potential purchasers.
In the event a purchaser for the excess gas is found, then the demand charges
owned by the entity relinquishing the excess gas are waived. If a purchaser is
not found, the demand charges must be paid by the original local distributor.
Staff has decided to temporarily relinquish some of our excess daily
capacity in the months of September through November which will result in a
savings on demand charges of $2,800. It is in Clearwater Gas' financial interest
to continue to temporarily relinquish selected quantities of natural gas through
the early years of the five year service agreement as we monitor our actual and
projected consumption on a monthly basis. Each time we elect to temporarily
relinquish gas on a month to month basis, new service agreements must be
executed. Authorization is requested for the City Manager to act
administratively to enter into future service agreements which will temporarily
relinquish amounts of gas which we have reservud ~nd which reduce our demand
charges.
A question was raised if relinquishing some of our excess gas would
interfere with our allotment and it was indicated only for 30 days. It was
indicated the City is presently using less than 75 percent of its gas.
Terry Neenan, Gas Superintendent, indicated the relinquishing of the,gas
is only temporary.
Concern was expressed in regard to there being a sudden demand for the gas
and it was indicated it is projected the City is not going to need the excess
gas, that the City will periodically have occasions when there is excess gas to
be sold and approv i og th i s agreement wi 11 a 11 ow the City to save on demand
charges.
Special CC Mtg.
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August 29, 1991
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In response to whether approval of this item would give the City Manager
authorization to make future decisions regarding relinquishing amounts of gas,
the City Attorney indicated only when it decreases the Cityls costs. Increases
would be brought back to the Commission.
Commissioner Berfie1d moved to approve the service agreement which
temporarily decreases the General Service Sales Capacity with Florida Gas
Transmission Company and authorize the City Manager by and through his authorized
representative to execute service agreements for decreases in capacity
allocations. The motion was duly seconded and carried unanimously.
Item #4 - Georae Mallorv Parkina Agreement for a Noncolmnercia1 ParkinQ lot
located at 520 D Street. NW corner of D Street and Hamlet Avenue. lots 14-17 and
~hat part of lots 12 and 13 lvina southeast of railroad riQht-of-way (CU91-55).
On July 16, 1991, the Planning and Zoning Board approved a conditional use
of a noncommercial parking lot for 53 parking spaces to be used by adjacent
properties, all owned by George Mallory.
One of the conditions of approval was the recordation of a Unity of Title
which would tie the properties together as one development as recommended by
staff. The intent of the condition was to restrict the parking lot for
noncommercial purposes only and to restrict its use by the adjacent developments.
The applicant's attorney submitted an alternative to the City: that being a
parking agreement which would meet the intent of the condition without requiring
recordation of a Unity of Title. It is the applicant's concern the Unity of
Title would prohibit the redevelopment of the property to an industrial use at
some later date. The applicant feels the Unity of Title is not appropriate in
this case as the new parking lot is not being developed to meet the parking
requirement for a new industrial development, instead the parking is being
provided as the applicant would like to provide more parking for the adjacent
industrial uses than what currently exists for those developments.
The City Attorney indicated the purpose of the Unity of Title imposed by
the Planning & Zoning Board was to ensure this property was not used as a
commercial parking lot. fie said the proposed agreement is a commitment by the
owner the property will not be used as a commercial parking lot but will be
uti 1 ized for excess parking by the properties described in Exhibit A of the
proposed agreement. He said the applicant wanted to reserve the right to use
this property for some other purpose at a future date.
Discussion ensued regarding whether the Unity of Title should have been
imposed by the Pl anning & Zoning Board or recommended by staff. It was
indicated, if the property is used for commercial parking, it would be in
violation of the conditional use. A question was raised whether the Unity of
Title should be rescinded by the Planning & Zoning Board rather than having the
Commission approve the proposed agreement. The City Attorney found this to be
an acceptable substitution. He said going back to the Planning & Zoning Board
would involve a lengthier process.
Special CC Mtg.
August 29, 1991
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Commissioner Fitzgerald moved to approve the parking agreement for George
Mallory's noncommercial parking lot and to refer it to the City Attorney for
recordation. The!2!!2n was duly seconded and carried unanimously.
The City Manager announced there will be a Special Bargaining Meeting
immediately following the September 3, 1991 work session.
The Mayor mentioned the article, "0peration Tax Reform" provided by the
Florida League of Cities and results of a survey taken and felt this might be of
interest to the Commission.
The meeting adjourn~d at 5:36 p.m.
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Special CC "tg.
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