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10/17/1988 CITY COMMISSION WORK SESSION October 17, 1988 The City Commission of the City of Clearwater met at City Hall, October 17, 1988, at 9:01 A.M., with the following members present: Rita Garvey Mayor-Commissioner James Berfield Vice-Mayor/Commissioner (arrived 9:04 A.M.) Lee Regulski Commissioner Don Winner Commissioner William Nunamaker Commissioner Also present were: Ron H. Rabun City Manager M. A. Galbraith, Jr. City Attorney Cynthia E. Goudeau City Clerk The Mayor called the meeting to order and the following items were discussed: Two service pins were awarded to City employees. Jesse Trueblood of the Parks & Recreation Department was presented the October 1988 Employee of the Month Award. Clearwater Housing Authority Annual Report. Howard Groth of the Clearwater Housing Authority stated it had been an active year and complimented Deborah Vincent, Executive Director, on her efforts. He stated the Housing Authority has received twenty-five more rental assistance vouchers from the Department of Housing & Urban Development. He stated Condon Gardens continues to improve with a boys' club that has opened this past year and a Y.W.C.A. single parent program. The police substation has helped in controlling the drug problem and the Housing Authority has initiated a program whereby tenants are issued stickers for their cars allowing trespassers to be more readily identified. He stated the Housing Authority requested twenty-five trees from the City be planted in Condon Gardens; those trees have survived and are growing; and they will be asking for more trees for Condon Gardens, Homer Villas and Chesapeake Villas. The Department of Housing & Urban Development has authorized the Housing Authority to convert twenty-one of the 4-bedroom units at Condon Gardens to seven each; three, two, and one bedroom units. He stated this will cause a density problem that will need to be addressed. He stated the Housing Authority appreciates the cooperation of the City Commission and the City staff. In response to questions, he indicated the population at Condon Gardens is 65 percent black; 25 percent white; with the remainder of the population being mainly Vietnamese. In response to a question, Deborah Vincent indicated that the stickers for tenant cars are reissued each year. Toll Booth, Parking Attendants, and Parking Variances for Parking Lots on Clearwater Beach. The City Manager indicated questions had been raised during the last Commission meeting regarding the philosophy of providing parking lot attendants and the granting of parking variances for businesses using City parking. Chief Klein stated the attendant lot parking program is working and, although the Rockaway lot operates at a deficit, he recommended continued operation to keep it from becoming a "hangout." Discussion ensued regarding options for parking being provided on the beach. Some suggestions were that the Rockaway lot be closed after dark, that private businesses be allowed to lease and operate the lots, and the possibility of having full-time attendant parking lots on the beach. Concerns were expressed that businesses were applying for variances based on the public parking available to them. Consensus of the Commission was for staff to study this issue further and to return to the Commission with alternatives. It was requested that input from the people most affected by the changes be obtained. Traffic Light at Cleveland Street. Questions have been raised regarding the traffic light on Cleveland Street where it intersects with Pierce Boulevard and Drew Street. Concerns have been expressed that, due to the Cleveland Street side of the light being given more green than the two bypass roads, traffic continues to travel down Cleveland Street. Keith Crawford, Traffic Engineer, responded that actually Memorial Causeway is being favored as the priority is to keep it clear. If the green light time is reduced for Cleveland Street, it will impact the Causeway traffic. Discussion ensued regarding various options to deal with this including limiting traffic coming off the Causeway to right turns only, limiting Pierce Boulevard traffic to left turns only onto the Causeway, placing the lights on timers so that at particular times the Pierce Boulevard light is favored, and the possibility of artificially holding Cleveland Street parking. It was the general consensus of the Commission that there is no solution at this time. In response to a question regarding the status of the proposed ferry service between the mainland and the beach, it was stated that it has been delayed due to environmental issues. Mayor Garvey questioned whether or not there was a program for installing curb cuts for wheelchairs in the downtown area particularly around the Court House. The City Manager indicated this should be an annual program although one is not in place at this time. In response to questions from the Mayor regarding inspection of street signs, it was indicated that there is a scheduled replacement program for these signs but not a routine inspection. Most downed signs are discovered by field employees or citizens calling in to notify the City. Dwarf Throwing. Correspondence and calls have been received in objection to a local bar's dwarf throwing contest. Commission questioned whether or not there was anything that could be done to stop this practice. The City Attorney reported that it would be difficult to draft an ordinance to prohibit such activity. It was also stated that, due to the dwarf, who is an adult having consented to the activity, there are questions whether or not we could constitutionally prohibit it. The Police Department has visited the bar and there is nothing illegal about the practice. He stated the man is a professional circus performer, has a safety harness, and consents to this activity. Some concern was expressed regarding the City being sued should the individual be injured. The City Attorney indicated he did not feel this would be a possibility. Subscription Services for Library Materials - Ebsco Subscription Services for FY 1988-89 - $45,627.22. The City employs Ebsco Subscription Services to maintain its periodical subscriptions and its annual and semi-annual reference serials. The service includes orders, renewals, payments, problem solving, and reports on subscription lapses and other changes. By using this service, it has eliminated the necessity for the Library and Finance Departments to process approximately 300 additional purchase orders and associated invoices which would have resulted in direct transactions with publishers. The contract award for the Library materials has been made to Ebsco by the state university system of Florida. In response to questions, the Library Director indicated that the book budget for this year is approximately a 5 percent decrease from last year and that there are approximately 30,000 books in the system. She reported that the Countryside branch grand opening is scheduled for Sunday, October 23rd, at 2:00 P.M. Purchase of Four (4) Peabody Barnes Submersible Pumps and Two (2) Rail Systems - Power & Pumps, Inc., Tampa - $7,820.00. Two of the submersible pumps and the rail systems will be used to build a new lift station at the Clearwater Christian College. The remaining two pumps will be used to replace obsolete pumps at Bell Drive and Belcher Drive lift station. A question was raised regarding the portable pump located at the downtown retention pond as the Commission has authorized a permanent pump to be placed at this location. The Mayor questioned reports that City staff is dumping materials in Stevenson's Creek and the City Manager indicated this is being investigated. Myrtle Avenue - Pierce Street to Cleveland Street Storm Replacement (88-21) - Suncoast Excavating, Inc., Ozona - $140,850.00. An old and deteriorated concrete storm line running north and south along Myrtle Avenue has been the direct cause of holes, depressions, and loss of base material under the pavement at various locations. This project is designed to replace the unsound storm system with a new and larger reinforced concrete trunk line. The construction of new and improved drainage structures will also be included under this contract. Questions were raised regarding whether or not the whole street would be torn up and, therefore, closed. Concern was expressed that staff assures that all necessary work at these locations be done at the same time. Permits for Private Refuse Service - Waste Management of Pinellas County, Inc.; DisposAll, Inc.; Waste Collection Services Corp., aka Best Waste, Inc.; Waste Aid Systems, Inc.; and Browning Ferris. Five companies have complied with all pertinent provisions of the City code which regulates private refuse service within the City limits. The service involves large roll-off containers and issuance of the permits will enable the City to continue an existing program. The companies in question will service large volume sanitation accounts such as Morton Plant Hospital, Sears, K-Mart, and others. The City of Clearwater chooses not to service this type account with the smaller conventional front-end commercial dumpsters. Questions were raised regarding the dumpsters provided during Jazz Holiday and comments were made there will be reports forthcoming regarding problems occurring. Ordinance No. 4711-88 re Utility System; Amending Sections 50.02 through 50.07 and 50.09 of the Code to Establish Definitions, Provide for Responsibilities of Owners and Tenants, Establish Procedures for Tenant Accounts, and Increase Deposits for Tenants. House Bill 506 became law October 1, 1988. It prohibits any municipality from refusing or discontinuing utility, water, or sewer services to the owner of a rental unit or to the tenant or prospective tenant of a rental unit for the unpaid utility service charges of a former occupant. The law prohibits the discontinuance of service to a tenant until the tenant has failed to pay for utility services for three consecutive months. The law also prohibits a lien against the property or any legal action against the landlord to recover the unpaid balance of the utility bill of a former occupant. The landlord must be notified when a tenant's bill becomes delinquent and authorizes the landlord thereupon to commence eviction proceedings. A landlord can evict a tenant before the City can discontinue utility services to a tenant for non payment. HB 506 leaves a municipality with no alternative to placing tenants in a separate classification and to protect its citizens with higher deposits and prompt discontinuance of service. Approval of the recommended revisions to the City ordinance will establish separate classifications for landowners and tenants. Landowners will continue to operate under the present system without change, posting a deposit equal to three times the average monthly bill. Tenants will be required to post a deposit equal to five times the average monthly bill and will be managed according to the provisions of Sec. 181.35 of the Florida Statutes. Discussion ensued regarding notification to the property owner, and in response to a question, it was indicated that the law did not prohibit the property owner from putting the accounts in their name. Concerns were raised regarding the impact this will have on affordable housing, and it was indicated that this is not a bill that the City of Clearwater supported. It was requested that once the ordinance is adopted it be forwarded to the Florida League of Cities for them to use during the next legislative session. Petition for Annexation and RS-2 Zoning for a 0.54-Acre Parcel located on the N side of Main Street (SR 588) approximately 650 feet W of Abbey Lake Road, portion of M&B 14-13, NE 1/4 Sec. 5-29-16 (Naedel) A 88-29. The property is currently vacant and the request is made to permit the development of a single-family residence. The owner of this parcel owns the remainder of the metes and bounds. He has been informed of the City policy regarding annexing all contiguous property under one ownership at the same time. However, he keeps several farm animals on the parcel not included in this request that are permitted in the County but would not be permitted under City zoning. Discussion ensued regarding ways in which the owner could annex the whole parcel and be allowed to maintain the animals in question. Petition for Annexation and RM-8 Zoning for a 0.4-Acre Parcel located on the N side of Nursery Road approximately 300 feet E of Rosetree Court, portion of Lot 10, Pinellas Groves SW 1/4, Sec. 10-29-16 (Seacorp Dev. Group, Inc.) A 88-30. The property is currently developed with a Level II Group Care Facility with thirteen cared for individuals. The request is being made to receive City sewer service which is available to the property as well as City water and natural gas. The Planning Director indicated that again the applicant is not requesting annexation for the entire parcel. She stated that she has explained to the property owners the City's policy regarding annexing all contiguous property owned by the same individual. Discussion ensued regarding the need to annex the entire lot and the Commission will discuss this with the applicant at Thursday night's meeting. Change in the Conditions (Required by the City Commission) Related to Previously Approved Variances for Docks at the Marina del Rey Townhouse Development located E of the Harbour Condos on Sand Key, Lot 32, Marina del Rey at Sand Key, Sec. 30-29-15 (Larry Simmons) and Lot 53, Marina del Rey at Sand Key, Sec. 30-29-15 (Kermit Kiepper). The Planning Director indicated these are additional requests for variances to previously approved conditions established by the City Commission in granting variances for the docks at Marina del Rey. Approval of these requests will allow the construction of cradle lifts. She stated Lot 32 had previously been granted a variance to the conditions and is now requesting a larger dock. Discussion ensued regarding the need for the condominium association to provide information that they have no objection for these requests. Consensus of the Commission was to continue these two items until the information is received from the association and to have a policy established that this information will be provided for future requests. Preliminary Site Plan for Ridge Haven Commercial Tract, located at the SW corner of the intersection of Haas Avenue and U.S. 19 approximately 170 feet N of Sunset Point Road, Lots 1 and 2, Haas Sub. and a portion of Lot 3, Blackburn Sub. Sec. 6/29/16 (Ridge Haven Associates, Ltd.) PSP 88-44. The property is part of an existing mobile home park. The developer is proposing to remove existing mobile homes and construct an automobile sales display and service facility on the south side and a drive-thru restaurant with outdoor seating on the north side of the site. The existing Park Manager's office building at the northwest corner will continue to be used for the remaining portion of the mobile home park adjoining this site on the west. The plan proposes two points of access to Haas Avenue and two points to U.S. 19. Two existing driveways to U.S. 19 will be removed. In keeping with Florida Department of Transportation's desired level of service standards for U.S. 19, and as the City's proposed thoroughfare element will restrict driveway spacing at one per parcel with additional driveways granted only if a parcel has more than 500-feet frontage on collector and arterial streets, it is recommended that the site be limited to one driveway with a maximum width of 30 feet on U.S. 19. The Planning Director indicated that condition #11 provides for the required documentation regarding the relocation of the existing mobile homes. Preliminary Site Plan for All Saints Catholic Church located on the S side of Curlew Road approximately 350 feet W of Countryside Boulevard, M&B 42.01, Sec. 17-28-16 (W. Thomas Larkin, Bishop, Diocese of St. Petersburg) PSP 88-45. The developer is proposing to construct a church, a parish center, a convent and a rectory in four separate structures. The development will be constructed in two phases. Green space parking is proposed along the periphery of the development with paved parking in the southwest portion of the site near the principal church structures. Two points of access to Curlew Road are proposed. The Planning Director indicated the property is heavily treed and, therefore, staff is requiring a tree survey. Preservation of certain trees will probably result in adjustments in the parking. In response to a question, she indicated that special landscaping will be required between the church and the residential zone. She also indicated one of the proposed cuts on Curlew Road will be eliminated. Preliminary Site Plan for Hillsborough Area Regional Transit (HART) Park n Ride Facility/Calvary Open Bible Church located on the E side of McMullen-Booth Road approximately 630 feet S of Drew Street, M&B 's 21.07 and 21.08, Sec. 16-29-16 (Calvary Open Bible Church, Inc.) PSP 88-46. Hillsborough Area Regional Transit (HART) is proposing to develop a Park 'n Ride Facility on the subject church property to also be used by the church. The Park 'n Ride use is considered a transportation station which requires conditional use approval by the Planning & Zoning Board. In response to a question, it was indicated that the Pinellas Suncoast Transit Authority does serve this area, and a question was raised regarding whether or not the transfers between the two bus lines would be available. Preliminary Subdivision Plat for South Oaks Fashion Square and a Related Change to Conditions of the Final Site Plan for South Oaks Fashion Square located at the SW corner of SR 590 and McMullen-Booth Road, a portion of H.H. Baskin's Replat, Tract 1 and Lots 1 and 2, Blk C, Dellwood Heights, Sec. 9-29-16 (McMullen Booth Ltd.) SUB 88-12 and PSP 88-7. The City Commission at its October 6, 1988, meeting identified specific items they requested be addressed prior to approval of this plat. The Planning Director indicated staff is assuring the right-of-way for Landmark Drive will be available and the language for the unity of title is being developed. She stated a revised item will be available for the Commission prior to Thursday night's meeting. Setting of Local Public Hearing Date for Review of the Application for Development Approval and Consideration of a Development Order for the Sheraton Sand Key Resort Expansion, a Development of Regional Impact. The Sheraton Sand Key Resort Hotel is proposing to expand, adding a total of 750 suites and support amenities in two phases. The expansion of the hotel qualifies under the thresholds established by Florida Statutes as a development of regional impact. In November of 1987, the property owner submitted an application for development approval of the DRI to the Tampa Bay Regional Planning Council. The application was reviewed by all required agencies and the staff of the City of Clearwater. Following this review, additional information requested by the reviewing agencies was submitted and reviewed. The Regional Planning Council has advised that the application for development approval has been determined to be sufficient. In accordance with Florida Statutes, the public hearing date must now be set by the local government no less than sixty days upon publication of the notice. Within thirty days after the hearing, a decision must be rendered on the application at which time a development order may be approved. Before the scheduled public hearing date, a draft development order will be prepared and distributed to the City Commission for review and consideration at the public hearing. Consensus of the Commission was to set the public hearing for January 5, 1989. The Planning Director indicated she hoped to have a draft DRI Order to the Commission in time for them to have a month to review it. Zoning for Non-Commercial and Accessory Parking. Commissioners had expressed a desire to consider alternatives providing parking for facilities such as churches. The Planning Director has submitted the following alternatives: (1) no change to existing requirements; (2) provide for an additional conditional use consideration of non-commercial parking lots and single-family zoning districts for (a) any adjacent non-residential use, (b) adjacent to PSP district only, and (c) for church use only; or (3) provide for church use as a conditional use within residential zoning districts. The Planning Director indicated that she had no problem with alternative #3 as long as this was for church purposes only and the church did not operate a school or a day care facility. Discussion ensued as to whether or not amendments to the code were needed. Consensus of the Commission was to consider the alternatives outlined by the Planning Director and that the Commission would decide whether or not to address the issue in the future. The Commission recessed from 11:45 A.M. to 11:50 A.M. Environmental Protection Agency (EPA) Consent Decree. The City Manager indicated this has been a complicated issue and much time has been spent in developing the proposed decree. Leo Schrader, Assistant City Attorney, stated that negotiations have been held with the EPA. Of particular concern were the compliance dates and that EPA recognizes that the City of Clearwater must obtain state permits prior to commencing construction. At this time, the City does not have those permits; and if the permits are not obtained by March 19, 1989, the provisions regarding delays or impediments to performance will apply. This section allows the City of Clearwater to notify EPA of delays they feel are not within their control. EPA would then decide whether or not they agree that the delay was not in the City's control and may excuse the City of that particular violation. Mr. Schrader indicated that staff has negotiated to tie down additional fines and a cap of $100,000.00 for each twelve month period has been established. This does not cover completion of construction or the biomonitoring required. The Public Works Director expressed concern regarding the Department of Environmental Regulations' (DER) reluctance to issue permits at this time. He stated that, due to the results of a toxicity test, Dr. Garrity of the Department of Natural Resources (DNR) was expressing concern regarding issuing permits for the entire 19 million gallons. The Public Works Director stated the City has done additional tests which indicate there is no problem. He is concerned that should DER not issue permits for the entire capacity the City would be placed in a position of having to gamble on whether or not it would be given the additional capacity in the future after already having spent $45 million to expand the plants. The City Manager expressed concern that EPA is not allowing linkage between the violations for which they are citing the City and any difficulties the City may have in meeting the requirements established by DER. He indicated EPA is anxious for a signed decree and he is concerned, should we delay any longer, EPA may follow through on a lawsuit against the City. Further discussion ensued regarding the difficulty in obtaining the permit from DER and it was stated that staff will be having a meeting with DER October 25, 1988, at which time they hope to resolve the problem. Consensus of the Commission was to agenda the Consent Decree for the meeting Thursday night. Verbal Reports. The City Manager indicated he has received requests for paving the parking lot on Memorial Causeway. He stated cost for such paving would be $6,000.00, and while it was in his authority to approve such an expenditure, he wished to bring the item to the Commission. Commission consensus was to agenda the item for Thursday night. The meeting adjourned at 12:57 P.M.