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08/29/1988 CITY COMMISSION WORK SESSION August 29, 1988 The City Commission of the City of Clearwater met at City Hall, Monday, August 29, 1988, at 9:11 a.m., with the following members present: Rita Garvey Mayor-Commissioner James Berfield Vice-Mayor/Commissioner (arrived 9:05 a.m.) Lee Regulski Commissioner Don Winner Commissioner William Nunamaker Commissioner (arrived 9:10 a.m.) Also present were: Joseph R. McFate, II Acting City Manager Milton A. Galbraith City Attorney Shirley Corum Assistant City Clerk The Mayor called the meeting to order and the following items were discussed: One service pin was awarded to a City employee. Award contract for Overhead Doors, Pedestrian Doors & Installation of Insulation at Vehicle Maintenance Facility, 1900 Grand Ave., to 7M Construction Co., Oldsmar, $68,899 (CS) A question was raised regarding the type of insulation used at the vehicle maintenance facility. The Central Services Director stated it would be insulation sprayed on the ceiling and walls. Mr. Carter stated, at this time, all costs have been within the original projection. Award contract for purchase of 800 mHz Radio System Equipment to General Electric Co., $2,825,840.52 (CS) The City Commission, at its meeting August 15, 1985, authorized staff to proceed with the construction and installation of an 800 mHz trunked radio system. The installation of the system has been proceeding on schedule; construction has been completed on two 300 foot radio towers and equipment buildings to house the radio equipment. A 5,175 sq. ft. addition to the main police station has also been completed, and an agreement has been reached with Pinellas County to use two of their antenna sites for receiver locations. Ward Montgomery, the City's radio consultant, stated two bids were received, both compliant. The low bid was from General Electric Company, and the recommendation is to award the contract to G.E. Motorola was the other bidder; however, they currently have a contract with the County which prevents them from underselling to another governmental entity without reimbursing the County for any additional funds paid by the County for the same equipment. Mr. Montgomery stated that Pasco and Manatee counties have both purchased equipment from General Electric. The system will be City maintained through the use of the City's own radio shop. Agreement for Engineering Design Services for Fleet Maintenance Facility and Access Rd. with Appenzeller, Boyd & Zarra, Inc. (CS/PW) The City Commission approved the ranking of professional engineers for the Fleet Maintenance Facility site plan and access road project on August 4, 1988. An agreement has been negotiated with Appenzeller, Boyd & Zarra, Inc. for design services not to exceed $36,000. Terry Jennings, Assistant Public Works Director, showed an aerial photograph of the location with a rear access road utilizing the Keene Rd. corridor and crossing the railroad tracks. Mr. Jennings stated permission to cross the tracks would have to be obtained from the railroad and a signal installed. It was pointed out the County plans a four lane highway for Keene Rd. in the future. Concerns were expressed regarding the access road going through a residential area. The Acting City Manager pointed out the primary objective in the access road is to connect the two sites. Commission consensus was for staff to investigate the use of an access onto Hercules Ave. with a signal at either Sherwood or Grand Ave. The Assistant Public Works Director stated Appendix A of the agreement would be revised to strike the design tasks relative to the Keene Rd. connector. Demolition of Unsafe Building at 31 Kendall St., Resolution 88-34; Lots 8-11 inclusive, Blk. 8, Clearwater Beach Rev. (Nostimo, Inc./Lambros) (BLD) This item was continued from the August 4th City Commission meeting due to the lack of proper notice being given to Mr. Lambros' sister who was also a party in the Nostimo Incorporation. Tom Chaplinsky, Building Inspector, stated it has come to his attention that the corporation is being reactivated. Mr. Lambros and his sister have resolved their differences, and a notice of eviction has been given to the tenant still occupying the building. The City Attorney is to investigate and report Thursday at the meeting. Downtown Library (LIB) A question was raised regarding how often police officers are utilized at the downtown library. The Library Director stated the library guard is utilized six days a week and has had numerous occasions for escorting patrons from the library. A question was raised regarding the rules and guidelines for eviction from the library. It was requested these rules be posted informing library patrons of the reasons for eviction from the library. Discussion: "No Swimming" buoys at Clearwater Beach - Mike Hancock, Assistant Harbormaster (MR) Mike Hancock, Assistant Harbormaster, stated a survey had been done of other beach municipalities regarding their use of lifeguards and protective buoys. The survey showed that Clearwater does more for the protection of swimmers than other beach communities. Mr. Hancock stated the accident occurred because the swimmers had gone beyond the "no swimming" buoys; the boater was not at fault in the accident. The lifeguard had cautioned the two swimmers several times to return to the protected area. Vacation of the partial ROW of various streets & easements within Brooklawn Sub. & E.A. Marshall Sub. (Al Rogero, Sr.) V 88-03 (PW) This item was continued from the City Commission meeting of August 18, 1988. Terry Jennings, Assistant Public Works Director, stated the request has been revised to include an area less than was originally advertised. The vacations, in conjunction with a new plat, will result in some existing platted streets being eliminated, some new streets being created, and some change in the width and alignment of portions of other existing platted streets. Mr. Jennings stated there are some wetlands within the proposed vacation area over which the City will not have jurisdiction. Also, the proposed name changes for some of the platted streets will have to be done in conjunction with Pinellas County. Mr. Jennings stated the legal description for the item is being revised and will be provided prior to the meeting Thursday. Jazz Holiday, 1988 - waiver of permits and fees, restriction of concessionaires and vendors. (CM) The Acting City Manager stated the Jazz Holiday Festival could be eligible for CRA funds. It was pointed out that Jazz Holiday is not asking for a $5,000 contribution from the City but is requesting an upgrade to the sound system for Coachman Park. Third Quarter Budget Review 1987/88: First Readings, Ordinance 4671-88, Operating Budget Amendment and Ordinance 4672-88, Capital Improvement Amendment (CM) Commissioner Winner questioned the increase in expenditures for parking on page 3. The Budget Director stated there was an error in the original budgeted amount for the past fiscal year. A question was raised regarding free parking in the downtown area on Saturdays; whether the meters are being enforced. The Acting City Manager stated it was his understanding the meters are not enforced on Saturday and the City has left it up to downtown merchants to publicize the free Saturday parking. Request for Variance to Minimum Distance Requirement for Alcoholic Beverage Sales - to permit on-premises consumption of beer and wine within 81.5 ft. of a residential zone and 130 ft. of a similarly licensed alcoholic beverage establishment at 1617 Gulf to Bay Blvd., Longview Sub., Lots 3, 4, 19, 10 & 21 zoned CG (general commercial) AB 88-14 (Robbie's Pancake House, Inc.) (CLK) A question was raised regarding why the applicant had not applied for a 4COP-SRX license from the State as they have at least 150 seats and meet the other requirements for an SRX license. The Planning Director stated a 2COP license is easier to get and they are requesting to serve only beer and wine. The Planning Director will ask the applicant why they are not requesting an SRX license. First Readings, Ordinance 4631-88 and 4632-88 - Land Use Plan Amendment from Low Density Residential to Public/Semi-Public and a Zoning Amendment from RS-8 to P/SP for a .55 acre parcel located approx. 200 ft. S of Drew St. on both the E & W sides of Nimbus Ave.; Lot 1, Blk. J. Skycrest Sub. Unit 9 & Lot 3, Blk. A & Lot 3, Blk. B, Skycrest Sub. Unit 10 (Skycrest United Methodist Church LUP 88-6, Z 88-10 (PUD) The Planning Director stated the neighbors and applicant have met in an attempt to resolve their differences, but she does not know the results at the present time. A question was raised regarding whether a condition could be imposed to have the zoning revert back to the original zoning when the conditional use no longer exists. A question was also raised regarding whether the additional parking would be used to meet the Code parking requirement. The Planning Director stated she would check the numbers and provide the information Thursday night. The Planning Director pointed out that a Unity of Title could be required prior to second reading of the ordinance. First Readings: Ordinances 4642-88 & 4643-88 - Land Use Plan 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 (Clearwater Seville, Ltd.) LUP 88-12, Z 88-14 (PUD) and First Readings: Ordinances 4644-88, 4645-88, & 4646-88 - Petition for Annexation of two parcels, Land Use Plan 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 (26.90 acres) on a total parcel of 61.38 acres located at the E'rn terminus of Seville Blvd.; M&B 34.01, a portion of M&B 34.02 and M&B 21.01, Secs. 17-29-16 & 20-29-16 (Clearwater Seville, Ltd. and AEL Partnership) A 88-20, LUP 88-11 (PUD) Discussion ensued regarding the impact assessment statement for Clearwater Seville, Ltd. and it was pointed out that it is not totally up to date. Since Seville Blvd. is a private road, the City cannot spend money to upgrade it nor can they require the closing of the Montgomery Ward entrance to Clearwater Mall. The City is recommending RM-20 zoning for both Seville parcels. The City Attorney reported on the status of the litigation involving Seville stating they are not close to a settlement agreement, and that it definitely will not go to trial in 1988. He stated he is not involved in their disputes, and the City will allow them to pursue their case in court if no compromise is reached. Preliminary Site Plan for Ken Marks Ford addition, located on the E side of US 19 approx. 100 ft. S of McCormick Dr.; Ken Marks Ford Sub., a portion of M&B 22.03, Sec. 32-28-16 & 5-29-16 (Marks & Gilliss, Inc.) PSP 88-40 (PUD) The Planning Director stated the site plan involves the expansion of the Ken Marks Ford property by acquisition of the north portion of the Jennifer Office Complex site. The zoning will need to be changed from OG (general office) to CG (general commercial). She stated the retention areas will also need to be redesigned. Preliminary Subdivision Plat for C&L Properties located at the SE corner of Main Ave. and Drew St.; M&B 11.05, Sec. 13-29-15 (Mark C. Todsen & James L. Wasenda and C&L Properties) SUB 88-8 (PUD) The recommendation for this item is to deny further review. The Planning Director stated the proposed subdivision plat involves a variety of uses including car repair facilities. She stated the owner sold off the east 100 ft. portion of the property, and approving the plat would create numerous inconsistencies and nonconformities. The area should be platted into two lots only; the problem is that the buildings are already in place. Discussion: Alcoholic Beverage Establishments (PUD) The Planning Director reviewed the survey that was conducted regarding deliveries between 10 p.m. and 6 a.m., summarizing that only supermarkets received deliveries after 10 p.m. The City Attorney stated the present ordinance produced unintended results and the night delivery issue should not be tied to the sale of alcoholic beverages. Commission consensus was that an ordinance regarding night deliveries be prepared in conjunction with the proposed change to the alcoholic beverage ordinance. The meeting recessed from 11:10 a.m. to 11:20 a.m. Ordinances 4614-88 and 4615-88 - Annexation and Zoning amendment as Single Family residential (RS-6) for property located E of the terminus of Soule Rd. & N of Union St.; Lots 1-64, Elysium Phase I (Cornerstone Communities) A 88-2 The City Attorney stated he felt it was advantageous to postpone both of these ordinances until mid 1989. He stated the applicants have 30 days after adoption of the ordinance in which to file suit. As the City has one almost identical lawsuit pending on appeal, he feels there would be no point in defending simultaneous suits. He will be recommending the two ordinances be continued to June 1, 1989, with the understanding they could be brought up anytime prior if the pending appeal is decided in the City's favor. Other Commission Action City Attorney Salary Review A question was raised regarding the number of "trip and fall" claims within the City and how Clearwater compares with other municipalities. The City Attorney stated he had checked with some municipalities, and he feels Clearwater is average for a city of its size. Charter Review Committee - Appointments and Procedures Commissioner Regulski stated he felt the meetings should be open to the public but not include input from citizens. He also felt that having the City Manager and City Attorney present in the meetings would be a hindrance. The City Clerk would need to be present for clerical support, but the Committee should be free to come up with new ideas and set their own rules. Commissioner Winner requested a resolution be prepared opposing McMullen Booth Road becoming an integral part of the interstate system. Commissioner Regulski requested an answer to the allegations made by a citizen regarding the selection of Parks and Recreation supervisors. Commissioner Berfield requested a copy of the Florida City Clerk salaries compilation. He also expressed concern regarding speeding in the downtown area. Discussion ensued regarding various ways of enforcing the speed limit downtown. A question was raised regarding the State's feasability study on parking on Cleveland St. Commission requested a recap of the State study and a discussion item scheduled for the next work session. Commissioner Berfield referred to a request made by the Rainbow of Love Thrift Shop for permission to store items in a City building. Commission consensus was not to provide a City building. Commissioner Nunamaker requested a status on the Sand Key lawsuit appeal. The City Attorney stated no oral argument date has been set as yet; not all parties have been able to come to an agreement on even a partial settlement. Mayor Garvey referred to a request by the Clearwater Shuffleboard Club for additional funding for improvements. She questioned whether the Comission would be in favor of taking the $5,000 that will not be going to Jazz Holiday and loaning the money to the Shuffleboard Club. Commission consensus was not in favor. The meeting adjourned at 12 noon.