06/13/1988
`CITY COMMISSION WORK SESSION`
June 13, 1988
The City Commission of the City of Clearwater met at City Hall, Monday, June 13, 1988, at 1:21 P.M., with the following members `present`:
Rita Garvey Mayor Commissioner
James Berfield Vice Mayor/Commissioner
Lee Regulski Commissioner
Don Winner Commissioner
William Nunamaker Commissioner
`Also present were`:
Ron H. Rabun City Manager
Miles Lance Assistant City Attorney
Cynthia Goudeau City Clerk
Four service pins were awarded.
The Employee of the Month Award was presented to Calvin Mitchum, Water Division, Utilities Department.
`Presentation by the Bicycle Advisory Committee`
Bert Valarey, representing the Committee, reviewed the proposal for using the Railroad ROW's and County drainage canal easements for a bicycle recreation corridor. He stated that in
Clearwater there may be some problems with density and the path will be using some existing City streets. The proposal is for a true recreation path tied in with existing parks with
little interaction with other traffic. The committee is attempting to obtain letters of support for the concept from the various governmental agencies.
In response to a question it was stated that minimal City funds would be needed.
Concerns were expressed for the safety of individual riders in the remote areas.
Consensus was to write a letter supporting the concept.
`Community Redevelopment Agency 1987 88 Budget Amendment`
The amendments made to the budget are as follows:
1) Tax increment revenues have been reduced to coincide with actual revenues received. This also reduces the 20% debt service deposit required.
2) Transfers to the parking system have been increased by $7,500 to pay for the "free parking" on Saturday project for the second half of the current fiscal year.
3) The projected costs of the streetscape have increased $25,000 which include the recently approved $341,000 sidewalk contract together with the estimated cost of street lamps, wiring,
and sprinkler system installation.
In accordance with continuing agency direction, all funds unexpended on September 30, 1988, will be transferred to an escrow account for payment of future dept service.
In response to a question, Joe McFate indicated there is never a set amount planned for the escrow account; as it is those funds that are unused at the end of the fiscal year.
`Bilgore Property Lease Revision`
The Community Redevelopment Agency (CRA) leases a portion of Block 5 in the Magnolia Park Subdivision to Bilgore Groves and the Bilgore Liquidating Trust. The present lease expires
February 28, 1989, and provides for the payment of $400 per month rent and termination upon ninety days written notice. The Bilgore Liquidating Trust vacated the property in January,
1988, and a portion
of the property is occupied by Bill Donaldson, trading as Bilgore Groves. His use is as a clerical office with no retail or carry out sales. He has requested the CRA consider reducing
the rent and agreeing that the lease will not be terminated during the months of September through February. An alternative request would be for rental only during the months when Bilgore
Groves uses the property. Due to the seasonal nature of the lessee's business, it may be better to terminate the lease at this time and raze the structure; thus removing any impediment
to redevelopment.
Joe McFate explained that Mr. Donaldson uses less than half of the building and has stated that he cannot afford the $400 per month rent. In response to a question, Mr. McFate indicated
he has received two inquiries regarding the property. Mr. McFate recommends releasing Mr. Donaldson from the lease at this time providing the 90 day notice, and then after the building
is vacated, demolish the building.
`Report from the CRA Advisory Committee`
Lee Arnold, Chairman of the Committee, stated they are now proposing that focus groups be used to do market research and that a consultant be hired to assist in this program. He is
recommending funding of $7,800 to run three groups, ten to fifteen people per group, and the group selected from input of the City Commission and the Committee.
Concerns were expressed that the consultant should be hired by the CRA, and questions where raised regarding whether or not the City should go out for bid for the consultant.
Consensus was, if the details can be worked out, to place an item on the Agenda for Thursday night's CRA meeting.
`Downtown Development Board Proposed Reorganization`
A proposal has been made to reorganize the Downtown Development Board (DDB) to act as an Advisory Committee to the CRA. A recommendation has also been made to eliminate the DDB's taxing
authority.
Concerns were expressed regarding the proposal that the Advisory Committee be elected by downtown property owners and a question was raised regarding how the relationship between the
DDB and the CRA would be enhanced.
Discussion ensued regarding the two agencies and their functions and how they related to each other. Some are of the opinion that, by the Downtown Development Board operating as an
advisory board to the CRA and using the same staff as the CRA, there would be a better working relationship. It was stated there needs to be cooperation between the government and private
enterprise and that the Commission supports economic development in the City. It was also stated there is some difficulty with private sector commitment due to the various agencies involved
and individuals not knowing with whom they are to deal. It was stated that, by allowing the downtown property owners to elect the Advisory Committee, it would give the property owners
a voice in the process.
It was the consensus of the Commission to discuss this further at the next Work Session.
`Gray Thacker Settlement Agreement`
Miles Lance, Assistant City Attorney, indicated the Commission had felt there needed to be a greater delineation of development rights than that in the settlement proposed by Gray Thacker,
et al.
Discussion ensued regarding Beach Drive and whether or not it existed.
The meeting recessed from 2:40 p.m. to 2:50 p.m. to allow staff to bring maps to the meeting.
It was stated that Beach Drive was in the plat of the subdivision in 1925. A question was also raised regarding Gulf Boulevard.
In a previous court case, the judge had determined that Beach Drive was not legally dedicated; however the decision left the question of beach ownership open. Staff is recommending
a settlement of the lawsuit that would allow the affected property owners a 100 foot easement contiguous to their property that would remain unfenced and undeveloped. Property owners
would have access to the water over the public beach and there would be reasonable rules and regulations regarding the rental of cabanas, etc., but not allowing motorboats. The property
owners would also be allowed to use the 100 foot easement to determine their development rights.
Concerns were expressed there was no time limitation placed on the ability to use the 100 foot easement for development rights.
Richard Salem, Attorney for the other parties, stated there needs to be continued negotiations with the City Attorney and the Planning Director. He believes there is a need to resolve
this matter to the benefit of both the property owners and the City,and that it will be a
compromise. Consensus was to allow the attornies to continue to work on a settlement agreement.
`Live Aboard Ordinance Ord. 4597 88`
Bill Held, Harbormaster, distributed a fact sheet regarding the additional amendments to the ordinance. He stated he is obtaining a list of registered docks and that he has found there
are 11 pump out stations between Clearwater and St. Petersburg and 2 stations in Tarpon Springs. He also reported that the only permitting required for the pump out stations is a building
permit. He is meeting with Bill Baker, Public Works Director, and Vic Chodora, Interim Building Director, regarding the installation of these facilities.
Individuals in other communities who have had difficulty receiving permits hold submerged land leases with the State and must have those leases amended prior to being allowed to permit
live aboards. It was stated that this was only the first step in dealing with the problem regarding pollution of the waterways. Staff will be returning to the Commission with additional
measures to address this problem. It was suggested that a pump out facility be provided at the Seminole Boat Ramp. Commission consensus was to investigate the possibility of installing
such a facility.
`Brick Pavers annual contract, Beaird Brick Corp, Clearwater, $2.85 a square ft., not to exceed $25,000 in Fiscal 87/88`
The Parks and Recreation Department has installed concrete brick pavers at various locations around the City. Because of increasing use of this item, the department is recommending
an annual contract to cover the estimated annual requirement. In the event this contract is approved, one project proposed is to use brick pavers in a patio walkway system around the
Eddie C. Moore concession/restroom building. In this type project, aesthetics as well as durability is important, and staff feels brick pavers would be more attractive and appropriate
than concrete.
Other projects will surface in future months and an annual contract should result in savings of time and money. The City received three bids. The low bidder is being recommended at
a cost of $2.85 a square foot. This price is 15 cents less a square foot than the cost of the brick pavers installed at Coachman Park. Also under this contract, the cost of brick pavers
is only 50 cents per square foot higher than installing six inch concrete with wire mesh.
When bidding the contract, staff was anticipating a higher cost per square foot and allotted approximately $35,000 for the total contract; $25,000 in 1987/88 and $10,000 in 1988/89.
The low bid of $2.85 per square foot will allow either the overall cost to be reduced or purchasing more brick if such should be needed.
A question was raised regarding why the brick pavers were needed around Eddie C. Moore, and it was stated that the pavers are easier to repair and are more durable than concrete.
`DeSantis Case`
Sergeant DeSantis was dismissed by the City for use of excessive force. A Hearing Officer recommended upholding the City's decision to dismiss Sgt. De Santis and that recommendation
was forwarded to the Civil Service Board. The Civil Service Board, by a 3/2 vote, upheld the Hearing Officer's
recommendation. The termination was appealed in court and the judge's decision stated that Dr. Carwise should not have been a part of the decision as he was unalterably biased against
Sgt. DeSantis. The order sends the case back to the Civil Service Board for an unbiased hearing prohibiting Dr. Carwise's participation.
Miles Lance, Assistant City Attorney stated, that should the case go back to the Civil Service Board, he would also recommend that Syd Snair be disqualified as he currently has an EEOC
claim against the City. There was some question as to how the new members would be appointed.
Louis Quall, Attorney for DeSantis, stated his client would agree to a 30 day suspension and his reinstatement would be effective as of the end of that 30 day period and Sgt. DeSantis
would receive back pay from that point forward.
Mr. Lance stated he is requesting authority to file an appeal as there is a time frame within which the appeal must be filed in order to maintain that right.
Discussion ensued regarding the consequences of sending the case back to the Civil Service Board and how to determine who would sit on that Board. Mr. Quall stated the court declared
Dr. Carwise unalterably biased and should have reinstated Sgt. DeSantis; however, he remanded the case to the Civil Service Board.
The case regarding Sgt. DeSantis was reviewed by Mr. Lance and Mr. Quall. Mr. Quall stated that this case has been going on for 3 years and it is time to resolve it. He requested authorization
for discussion between the City Manager, the City Attorney, and himself to reach an agreement. He stated the one thing that is not negotiable is whether or not Sgt. DeSantis will be
allowed to return to the Police force. Consensus of the Commission was to appeal the decision.
`Petition for Annexation, LUP Amendment from Low Density Residential to Residential/Office and OL Zoning for a 9.54 acre parcel located appx. 800' S of Enterprise Rd. adjacent on the
E to the proposed extension of Landmark Dr.; M&B 22 011, Sec. 83 28 16. (Vogel) A 88 19, LUP 88 10`
A small rectangular parcel noted as Parcel B was mistakenly included when the parcel to the east was annexed into the City of Safety Harbor. The de annexation from the City of Safety
Harbor must be completed prior to the preparation of any ordinances regarding this request. The Planning Director indicated that Mr. Vogel will also be discussing with the Commission
the development of the extension of Landmark Drive. The property is currently vacant and is proposed to be developed with offices.
`Petition for Annexation of Two Parcels with a LUP Amendment from Medium Density Residential to High Density Residential and RM 28 Zoning for Parcel 1 (34.48 Acres) and AL/C Zoning for
Parcel 2 (26.00 acres), on a total parcel of 61.38 acres located on the E'rn terminus of Seville Blvd.; M&B 34 01, a portion of M&B 34 02 and M&B 21 01, Sections 17 29 16 & 20 29 16.
(Clearwater Seville Ltd.) A 88 20, LUP 88 11`
`AND`
`LUP Amendment from Medium Density Residential to High Density Residential and a Zoning Amendment from RM 12 to RM 28 for a 6.79 acre parcel located S of existing Seville Condominium
and Seville Blvd. and Pearce Dr., a private street; M&B 33 06, Sec. 17 29 16 (AEL Partnership) LUP 88 12, Z 88 14`
The Planning Director indicated that at the hearing regarding the lawsuit for Clearwater Seville zoning the judge indicated the County should be involved in the lawsuit and all Condo
owners should be represented. Based on this, it has been indicated that a new settlement proposal will be offered. These items are being submitted for Receipt and Referral based on this
asumption. If there is no settlement, the process for these requests would cease.
In response to a question, it was indicated that these would go to the Pinellas Planning Council for recommendation.
`Preliminary Site Plan for First Florida Bank Drew Street Branch located at the SE corner of the intersection of Drew St. & Belcher Rd.; M&B 22 04, Sec. 18 29 16. (First Florida Bank)
PSP 88 22`
The Developer proposes to construct a bank structure with a drive through facility. Concerns were expressed regarding the access on Drew Street and it was questioned whether or not
it could be designed to allow one access.
Commissioner Regulski questioned the status of the ordinance regarding the preservation of parking lots, open space, etc. The Planning Director indicated the City Attorney has a draft
of the ordinance and it will be placed on the agenda in the future.
A request has been made to adopt an ordinance that will allow veterinary offices as Conditional Uses in Beach Commercial Zone. Commission consensus was to add first reading of this
ordinance to the agenda.
`Verbal Reports`
The City Manager requested the Commission consider setting a separate Work Session to discuss the Health Insurance Fund. It has been reported that Gulf Life, the City's current Health
Insurance provider is proposing a 57% increase in premiums. Commission consensus was to bring their calendars to the meeting Thursday night to set a meeting.
A letter has been drafted for the Commission's signatures requesting the Congress to continue allowing tax exemption for municipal bonds. Commission consensus was to finalize the letter
and have it available for their signatures.
`Other City Attorney Items`
Miles Lance, Assistant City Attorney, reported that the City has prevailed in the Bekker, et al case. This was a case involving flexible benefits that had been offered to executive
level personnel and when some of the benefits were withdrawn at a later date some of the affected parties sued.
Attorney Sizemore, outside counsel for the City in this case, is seeking Commission approval to seek attorney's fees. Commission consensus was to pursue this.
`Other Commission Action`
Pinellas Planning Council Legislation
Commissioner Winner distributed the State Bill regarding the Pinellas Planning Council, and stated that once signed, the agencies involved have 30 days in which to make their appointment.
He stated there will be a referendum regarding the ultimate authority of the Pinellas Planning Council in November. Concensus was to agenda appointment to the PPC for the next Commission
Meeting.
Commissioner Regulski stated, that with the new budget, the City will be faced with a two to three million dollar increase depending on the final outcome of the budget. He requested
consideration be given to raising the utility franchise fees to 6% and using that revenue to offset any shortfall instead of it being dedicated to the construction of a new City Hall.
It was stated that a policy needs to be established regarding Commission use of City cars and it was the concensus to discuss this in conjunction with the proposed ordinance regarding
Commission salaries.
Commissioner Nunamaker stated he had visited the Rainbow of Love Thrift Shop and requested consideration be given to providing funds to this project. Commission consensus was, that
although the project is a worthy cause, budget constraints would not allow funding.
The meeting adjourned at 5:55 p.m.