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04/16/1992 (2) I'tt>,;r:; , ~._;':;.;J;f" """...,.,t' ' . . . '. . CITY COMMISSION MEETING April 16, 1992 The City Commission of the City of Clearwater met in regular session at City Hall, Thursday, April 16, 1992 at 6:00 p.m., with the fOllowing members present: Rita Garvey Sue Berfield Lee Regulski Richard Fitzgerald Arthur X. Deegan, II Also present: Michael J. Wright M.A. Galbraith, Jr. William C. Baker James PolattYt Jr. Sue Diana Susan Stephenson Mayor/Commissioner Vice~Mayor/Commissioner Commissioner Commissioner Commissioner City Manager City Attorney Public Works Director Planning and Development Director Assistant City Clerk Deputy City Clerk The Mayor called the meeting to order and led the Pledge of Allegiance. The invocation was offered by Pastor David Smith of the Faith United Church of Christ. In order to provide continuity for research, the items will be listed in agenda order although not necessarily discussed in that order. ITEM 13 - Service Pin Awards Three service pins were awarded to City employees. ITEM 14 w Introductions and Awards Proclamations: Older Americans Month - May, 1992 Lawn Care Month - April, 1992 Tourism Week - May 4-8, 1992 Victims Rights Week - April 26-May 2, 1992 Secretaries Week - April 19-25 f 1992" Clearwater Marine Science Center Aquarium/Museum Day - May 3. 1992 ITEM #~ - Presentations - None. CCmtg .' 4/16/92 1 0.' . <i~ ". I, ~ :,~~.~ ,", -',. . ., ' . ..,'.... '....., ',.' ..., '. . ";', ' . . . ITEM 16 - Minutes of the Regular MeetinQ of ADril 2. 1992 and SDecial MeetiQ9 of March 30. 1992 Commissioner Fitzgerald moved to approve the minutes of the regular meeting of April 2, 1992, and the special meeting of March 30, 1992, as recorded and submitted in written summation by the City Clerk to each Commissioner. A question was raised whether the motion made in regard to Environmental Advisory CO~dittee appointments should be reconsidered as it was later discovered the terms of the appointees are for 3 years and do not end with the appointing Commissioner's term and it was indicated this would be discussed at the May 4th work session. The motion was duly seconded and carried unanimously. ITEM #7 - Citizens to be heard re items not on the Aoenda Paul Ritz, representing the North Greenwood Association, requested fees for Streetfest 192 be waived. After staff investigation, it was reported fees had been waived at the last meeting as part of the Fun N Sun festivities. PUBLIC HEARINGS ITEM #8 - Public Hearino & First Readinq Ord. #5195-92 - Vacating part of the 10' utility easement lying along the easterly lot line of lot 6, Bordeaux Estates, less the N 10' and less the S 5' (Stone, V92-03)(PW) The applicant is proposing to install a wall along his property line to help control erosion. The City does not have any utilities within the easement. This request has been reviewed by the various City Department/Divisions concerned and the three utility companies involved and there are no objections to the vacation. Commissioner Fitzgerald moved to approve the vacation of the 10 foot utility easement lying along the easterly side of Lot 6, Bordeaux Estates Subdivision, less the northerly 10 feet and less the southerly 5 feet. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5195-92 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5195- 92 on first reading. The motion was duly seconded and upon roll call, the vote was: llAyesll: Regulski, Fitzgerald, Berfield, Deegan and Garvey. llNaysll: None. CCmtg 4/16/92 2 , ~.. " ~ ..;~ .'" ~'"'' I, ". T , '.',' .'. :._ ..... I. I'-'I{,'..'.~,\.~; . . . ITEM 19 - Public Hearina & First Reading Ords. #5197~92. 15198-92 & 15199-92 - Annexation, Land Use Plan Amendment to Low Density Residential and RS8 Zoning for property located at 1750 W Manor Ave, Clearwater Manor, 'Lot 22 & part of Lot 23 (Brown, A91-08, LUP91-09)(PLD) The request is for the annexation of a residential lot addressed as 1750 w. Manor Avenue, the rear property line of which runs along the east right-of- way line of Belcher Road. The applicant has requested annexation in order to obtain City sewer service. The lot is contiguous to the City along its front and rear property lines. Other lots in Clearwater Manor that are within the City have a land use classification of low density residential and are zoned R5-8. It is proposed that the applicant's property also be given a future land use plan designation of low density residential and RS-8 zoning. The minimum lot area under RS-8 zoning is 5,000 square feet; the minimum lot depth is 80 feet; and minimum lot width at setback line is 50 feet. The applicantts property is 70 feet wide and 130 feet deep, and contains 9,100 square feet; the lot therefore meets the lot size, width and depth requirements for R5-8 zoning districts. The portions of Clearwater Manor which remain in ttle county have a land use designation of low density residential (5.0 u.p.a.) and are zoned R-3 (single family residential) which requires a minimum lot size of 6,000 square feet. Commissioner Berfield moved to approve the annexation, land use plan amendment to low density residential and RS-8 zoning for the subject property. The motion was duly seconded and carried unanimously. Discussion ensued as to the location of the sewer service connection and it was indicated it would be installed wherever most appropriate. The City Attorney presented Ordinance #5197~92 for first reading and read it by title only. Commissioner Berfield moved to pass Ordinance #5197-92 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. UNaysU: None. The City Attorney presented Ordinance #5198~92 for first reading and read it by title only. Commissioner Regu1ski moved to pass Ordinance #5198-92 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. UNays ": None. CCmtg 4/16/92 3 ..' . " The City Attorney presented Ordinance 15199-92 for first reading and . read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5199- 92 on first reading. The motion was duly seconded and upon roll call, the vote was: UAyes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. uNaysu: None. . The applicant's representative requested this item be continued to allow time to meet with City staff regarding the results of research just completed. Commissioner Berfield moved to continue this item to the next regularly scheduled meeting of May 7, 1992. The motion was duly seconded and carried unanimously. Public HearinQ - Second Reading Ordinances ITEM H11 - Ord. #5187-92 - Relating to taxicabs; amending Sees. 61.01, 61.05, 61.26, 61.30, 61.31 & 71.13 and repealing Sees. 61.02 & 61.07 The City Attorney presented Ordinance #5187-92 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance 15187-92 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. CITY MANAGER REPORTS CONSENT AGENDA (Items #12-35) - Approved as submitted less Item #35. Aareements - Approved. ITEM #12 - Sub~Lea5e AQreement with ReliQious Community Services for a portion of the Curtis Fundamental Clearwater Comprehensive School Complex which is leased from Pinellas County School Board by the City for the period 5/1/92- 4/30/93 (AS) ITEM #13 - First Amendment to License AQreement with Marine Referral Systems, Inc. to include $2,500 per year for a one panel display and commencing'with the beginning of the second year of the agreement, increase payment to the City of $1,000 per year in the case of a one panel display, provided that 100% of board spaces are sold and paid within 30 days of any anniversary date (MR) . CCmtg 4/16/92 4 ' ;" .., :Pl. ", ~ ',' .' .'.~ :.;.~. .. ,~~,;' ",.,~ ~~... I J., '.,;:" j . " . '. f, . I . I,. '. ,L '" ',; ,'" ., " ',' . . . . ITEM 616 - License Aareement with the Clearwater Historical Society allowing for the Societv's continued use of Ed Wright Park as the permanent location for the "Plumb House", for a 15 year term (PR) Bids & Contracts - Awarded. ITEM #17 - Contract for installation of 3.500' of Polyethylene Gas PiDe alonn Alderman Road from US19 west to Belcher Road to Mueller Contractors. Inc., Medley, FL, at an est. cost of $28,365 (GAS) ITEM #18 - Purchase of four 1992 Ford LT 9000 Truck Tractors from Atlantic Ford Truck Sales, Inc., Ft. Lauderdale, Fl, at a total cost of $252,924; financing to be provided under the City's master lease-purchase agreement with AT&T Credit Corp. (GS) ITEM #19 - Extension of existina auctioneerinn service contract with Davenport, Inc., Clearwater, FL, to sell to the highest bidder at public auction all surplus vehicles & equipment for a 4.2% commission of gross sales for the period 5/3/92-5/2/93 (GS) ITEM #20 - Contract for roof replacement of the Lawn Bowline Club located at 1040 Calumet St.. to Allstate RoofinG, Pinellas Park, FL, for $24,900 (GS) ITEM #21 - Three year contract to Weeks Towina and Automotive. Inc., Clearwater, FL, to provide towing and impound services to the Police Department for the period 5/1/92-4/30-95 at specified rates (PD) ITEM *22 - Extension of contract with Emmett McCabe Truckino. Inc., Seminole, FL, for the delivery of approx. 800 yards of Sandy Soil and approx. 1,600 yards of Red Ballfield Clay for an est. total of $20,680, for the period 5/4/92-5/3/93 CPR) ITEM #23 - Contract for purchase and installation of a flail mower attachment to the climbina backhoe to Menzi USA Sales Inc." Lakeland, FL, for $10,500 PW ITEM #25 - Work Order for enQ;neerine services for the Stevenson's Creek. Phase 1 project under the existing contract for professional services with Camp, Dresser & McKee, Inc., for $75,000 (PW) CCmtg 4/16/92 5 . . ' .' c '. .,' , . 1 ,.'.'. ' ',' " . . . ITEM 126 - Work Order for professional enaineerina services for Stevenson Creek. Phase 2 project under the existing contract for professional services with Camp, Dresser & McKee, Inc., for $38,200 (PW) Citizens & Staff Requests - Approved less Item 128 which was continued. 1992- ITEM '29 - Accept amount of $704,182.65 as the Park Place transportation miti ation fee and a rove a credit of 99 875 for the re aration of desi n plans and specifications for Hampton Road imorovements PW Receipt & Referral - Received and Referred less Item #30 which was continued. ITEM #30 - Annexation. Land Use Plan Amendment to Low Density Residential and RS-8 Zonina for property located at 1716 Ra~land Ave., Clearwater Manor, lot 61, 0.14 acres (Wright A91-03, LUP91-03)(PLD) To be Cont. ITEM #32 - Annexation, Land Use Plan Amendment to low Densitv Residential and RS-8 Zoning for oroperty located at 3169 Drew Street, Crystal Heights Sub., Unit 1, Lot 8, 0.22 acres (lark A91-01, LUP91-01)(PLD) ITEM #34 - Annexation. Land Use Plan Amendment to Low Densitv Residential and RS-8 Zoning for property located at 1591 Owen Drive, south of S.R.590 and east of US19, Orange Blossom Sub., Lot 6, 0.20 acres (Kidder A92-01, LUP92-07)(PLD) ITEM #35 - See page 6. Commissioner Deegan moved to approve the Consent Agenda as submitted less Item #35 and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #35 - land Use Plan and Zonino Atlas Amendment from OL to P/SP for property located at 861 N. Hercules Ave., R. H. Woodley Sub., Blk 1, a portion of Lot 2, 1.55 acres (Sun Bank/Ward Z92-06, lUP92-08)(PLD) This request is for rezoning and accompanying reclassification of land use designation of a portion of the former United Travel Schools site, Woodley Subdivision. lot 2., The applicant's property is across from the Clearwater ~ CCmtg 4/16/92 6 . . . Executive Airpark on Hercules Avenue, just south of Palmetto Road. The applicant is requesting P/SP zoning and land use to enable the relocation of the True School to this site. The True School is a private school which provides education for grades Kindergarten through 12. This item was pulled from the consent agenda to clear up confusion created by an incorrect address being used in staff's report. Also, it was clarified this item is for receipt and referral tonight and not for approval. It was requested consideration be given to future impacts of possible school zones, crossing guards and traffic problems related to a children's school on this busy road. It was pointed out the City's policy only provides for public school crossing guards. Commissioner Fitzgerald moved to receive the petition for land use plan and zoning atlas amendments and refer the request to the City Clerk to be advertised for public hearing. The motion was duly seconded and carried unanimously. OTHER ITEMS ON CITY MANAGER REPORT ITEM #36 - Res. #92-31 - authorizina the analysis & review of an issue of refundinQ bonds for the curDose of refundino in whole or Dart the City's $6,450.000 mortaaae revenue bonds. series 1983 for the Drew Gardens ADartments project and directing the City's Bond Counsel, Financial Advisor and appropriate City staff to prepare the necessary documents for such financing (AS) The general partner of the Drew Gardens retirement project, Reynolds Metals Development Corporation (RMDC), has applied to the City for a refunding of the Series 1983 Florida Mortgage Revenue Bonds issued by the City as a conduit issuer on the Drew Gardens project. Because the 180 unit project has not met its mortgage payments since August, 1991 despite a previous infusion of more than $4,000,000 by RMDC, it is now necessary to restructure and lessen the cost of the debt service for the project by taking advantage of the present lower borrowing costs. An approximate maximum issue of $475,000 in taxable bonds and $6,200,000 in tax exempt bonds is being requested. The City's financial advisor, Raymond James & Associates, Inc., concludes the City would be at no risk in the refunding. No City revenues would be pledged on this investment grade industrial bond issue. The City1s bond counsel, Bryant, Miller, and Olive, P.A., has concluded there appears to be no legal or federal tax related reasons why the refunding could not be accomplished by the City. This project retains the public purpose justification which allowed and recommended the issue of the original Series 1983 bonds by the City. The Drew Gardens Associates, LTD, the project owner, is working with the U.S. Housing and Urban Development Corporation (HUD) through their financial trustee, Bank One, to effect the refunding under which HUD would underwrite a portion of the mortgage debt and approve the overall refunding. Once HUD CCmtg 4/16/92 7 . . . approval of the process is received, there is a 90 day "window" within which the bond issue would have to be approved. That date has not yet been established. Approval of the refinancing by the Commission under the City's Industrial Development Bond procedures will enable detailed analysis of the financial aspects of the project and the preparation of the necessary documents for the refunding to proceed. To date, all costs incurred by the City for the use of their financial advisor and bond counsel will be paid from the $6,000 non-refundable portion of the $7,000 application fee paid by the Drew Gardens owners, RMDC. The City will receive up to $10,000 for th'is refunding if it is approved and accomplished. Wayne Marker, representing Reynolds Metals Development Company, stated the success of the Drew Gardens project depends on the City's action. -Issuance of the refunding bonds will allow for the existing bonds to be paid off and the debt service to be met. City support is being requested as conventional financing rates are higher. There will be no financial risk to the City and the projer.t provides low cost. assisted living, housing to elderly residents. Mr. Marker indicated if the City does not approve the refunding, the mortgage will be assisgned to HUD and they will lose control of the facility. In response to questions, it was indicated taxes are paid an the property and a pro forma operating statement has been issued to Raymond James & Associates, Inc. It was questioned whether future city band issues will be impacted if these bonds go into default and whether the City will be required to make a disclosure. Bonnie Wise. of Raymond James & Associates, Inc., stated if the current issue defaults, the City's bonding capacity would not be affected; however, they would need to disclose they issued these bonds as a conduit issuer. In response to questions, Finance Director Dan Deignan stated he was not aware of any situation in which the City has had to make a disclosure and the current issue may not yet require disclosure. Bob Reid of Bryant, Miller & Olive, stated the law requires disclosure when bond hO,lders do not receive timely payment; however, disclosure is not required at this point as pay-off of the bonds has not been accelerated. Bob Barnes, local counsel. said approving the request would provide the opportunity to cure the existing payment default under the mortgage. Chuck Elsworth stated negotiations with HUD are currently underway and it is hoped approval will be received shortly. In response to questions, it was indicated having the City's approval of this request may have a favorable effect on the negotations and HUD approval is necessary to go forward. CCmtg 4/16/92 8 . . . Dan Deignan said the Commission would be approving the item in concept and all documents regarding the bond issue would come back to the Commission for final approval. Commissioner Regulski moved to approve a resolution authorizing the analysis and review of an issue of refunding bonds for the purpose of refunding in whole or in part the City's $6,450,000 Mortgage Revenue Bonds, Series 1983 for the Drew Gardens Apartments project and direct the City's bond counsel, financial advisor and appropriate City staff to prepare the necessary documents for such financing and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #92-31 and read it by title only. Commissioner Regulski moved to pass and adopt Resolution *92-31 and authorize the appropriate officials to execute same. The motion was duly seconded, upon roll call the vote was: "Ayesll: Regulski, Fitzgerald, Berfield, Deegan and Garvey. llNays": None. ITEM #37 - Consider allocation of ten acres known as liThe School Board Property" to the Clearwater Airpark with interim use bv the City while designated in the long term for airpark development (PW) To be Cont. to 5/7/92 The Airport Authority Chairperson, Marvin Moore, requested this item be continued. Commissioner Berfield moved to continue this item to the next regularly scheduled meeting of May 7, 1992. The motion was duly seconded and carried unanimously. ITEM #38 - A ointment of Commission members to re resent the Commission on Regional and Miscellaneous Board eLK There was a brief discussion regarding the possible merger of the Pinellas Industry Council and the Pine1las Economic Development Council and whether the same person should be appointed to represent both. Commissioner Deegan volunteered to serve on the Pinellas Industry Council. Commissioner Fitzgerald moved to appoint Mayor Garvey to serve on the Florida League of Cities Board of Directors, EMS Advisory Council, Mayor's Council of Pinellas County and the Pinellas Suncoast Transit Authority; Commissioner Fitzgerald to serve on the Tampa Bay Regional Planning Council, Suncoast Municipal League and as alternate to the Mayorls Council of Pinellas County; Commissioner Berfield to serve on the Pinellas Planning Council and the Performing Arts Center and Theater Board of Directorsj Commissioner Regulski to serve on the Metropolitan Planning Organization and the Pinellas Sports Authority; and Commissioner Deegan to serve on the Pinellas Industry Council. The motion was duly seconded and carried unanimously. CCmtg 4/16/92 9 . Discussion ensued in regard to Commissioner Regulski resigning his Commission seat to run for a seat on the Board of County Commissioners. Due to his resignation becoming effective before his Commission term ends, it was felt more appropriate to elect another as Vice-Mayor. As the office has been rotated in the past, Commissioner Fitzgerald volunteered to serve as Vice-Mayor. Commissioner Deegan moved to elect Commissioner Fitzgerald to serve as Vice-Mayor. The motion was duly seconded and carried unanimously. ITEM #40 - Other Pendina Matters - None. CITY ATTORNEY REPORTS ITEM 139 - Elect one member of the Commission to serve as Vice-Mavor (eLK) . In accordance with Article II, Section 2.05 of the City Charter, the Commission shall, at their second meeting in April of each year, elect one of its members as Vice-Mayor. The Vice-Mayor shall act as Mayor-Commissioner during the absence or inability of the Mayor-Commissioner to perform the duties of the office of Mayor. Commissioner Berfield nominated Commissioner Regulski to serve as Vice- Mayor. Resolutions ITEM #41 - Res. #92-30 - Assessina propertv owners the costs of mowina or clearinQ owners' lots The City Attorney presented Resolution #92-30 and read it by title only. Commissioner Berfield moved to pass and adopt Resolution #92-30 and authorize the appropriate officials to execute same. The motion was duly seconded, upon roll call the vote was: "Ayes": Regu1ski, Fitzgerald, Berfie1d, Deegan and Garvey. UNays": None. Qther Citv Attornev Items - None. Citv ManaQer Verbal Reports It was noted the Cleveland Street - Stevenson Cree~ Bridge project will take approximately another five weeks to complete. There has been a great negative impact on businesses in that area due to the ban on left turns. Staff is requesting approval of a work order in the amount of $12,440 which will allow the contractor to complete the project in two weeks, three weeks . CCmtg 4/16/92 10 :, ahead of schedule. It was noted the work order represents a minimal sum in ~ relation to the entire project cost of $1.2 million. ' Commissioner Berfield moved to authorize the issuance of a work order in the amount of $12,440 to accelerate the Stevenson Creek project as it relates to Cleveland Street. The motion was duly seconded and carried unanimously. The City Manager reported the Clearwater Pass Bridge will be closed for two weeks starting Monday. The bridge will be open to foot traffic. Concern was expressed that Pinellas Suncoast Transit Authority (PSTA), the hotels, etc. were given no advance notice and it was indicated six weeks ago, the contractor was asked to come back after Easter and City officials were not advised of the date until April 13 which left little time to notify everyone impacted by the closing. Other Commission Action ~ Commissioner Berfield questioned whether to respond to the letter from Helen Wheelis regarding the Jolly Trolley and it was determined a response was not necessary. The letter was forwarded to Ms. Deptula. She inquired about a letter regarding Environmental Advisory Committee review which will be discussed at the May 4 work session. She inquired whether the City would be providing turtle lights. It was indicated the lights would be a feature of the new uPier 60". Commissioner Deegan asked whether the Commission had reviewed the administrative issues in the minority report of the Library Plan. It was indicated it was being reviewed. Ad.iournment The meeting adjourned at 7:17 p.m. ATrEST: ~,:.. z: . JJ.-o. Q Cit Cle:rk' -' , . , '. CCmtg 4/16/92 11 .' , ','