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10/31/1988 CITY COMMISSION WORK SESSION October 31, 1988 The City Commission of the City of Clearwater met at City Hall, October 31, 1988, at 9:00 A.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 M. A. Galbraith, Jr. City Attorney Cynthia E. Goudeau City Clerk The Mayor called the meeting to order and the following items were discussed. Resolution No. 88-55 - Sand Key Beach Renourishment Program - Dan's Island to Sand Key Park. The City Manager reported an official City Commission resolution requesting to be placed on the funding list is needed in order for the City to receive any of the resort tax funds that have been set aside for beach renourishment. Bill Baker, Public Works Director, stated the City undertook a beach renourishment project which was completed in 1984; however, the south feeder beach did not have a chance to perform as planned as Elena and Juan removed the sand. However, a 1988 Department of Natural Resources (DNR) report stated the beach renourishment project provided valuable protection from Elena and Juan. Jim Terry, Pinellas County, stated Belleair Beach and Belleair Shores are not wanting to participate in the state renourishment project as they do not want to provide public access to the beaches. Indian Rocks Beach is participating in the program, which will, in turn, benefit Belleair Beach and Belleair Shores. He stated the federal government requires that adequate public access and parking be provided in order for the beach renourishment program to receive federal funding. The program is in a two year cycle and applying for the money now will allow the funds to be available in two years. In response to a question, Mr. Terry indicated the best use of funds is to combine the state funding with the tourist tax dollars which have been earmarked for beach renourishment. Discussion ensued regarding the scope of the project and it was indicated that, if the plans proposed are not acceptable, the City can remove itself from the contract. He also stated that all permitting and other items required for the project will be taken care of by the County and the City would only have to provide for the public beach accesses and parking. Concerns were expressed regarding the need to place sand on private property in order to complete the project and it was stated it has not been determined how much, if any, sand would be needed for private property areas. He stated that passing the resolution would be in support of beginning the process. Consensus was to agenda a resolution. Dredging of Dunedin Pass. Jim Terry of Pinellas County reported that the County Attorney has filed for a Sec. 102 hearing, the date of which has not been determined. Pinellas County will be looking for expert witnesses to testify in the case. Discussion ensued regarding whether or not public opinion would be beneficial. The City Manager reported that City staff is working with Jim Terry and the attorney's office to assist in preparation of the appeal. Cesta vs. Ken Brown and the City Settlement Offer. Allen Zimmet, outside counsel for the City in this case, stated he is requesting authorization to make a settlement offer. This is being done in an effort to protect the City against a long drawn out battle as well as taking advantage of possible recovery of attorneys' fees should the Cestas lose their case or not be given their full demand. This case involves damages that occurred when Brown's construction company was doing work at Trinity Baptist Church and had to relocate a sewer line. The City has been named as a defendant in the case and there are allegations that a City employee did not shut off the water in a timely fashion and thereby caused the sewer to back up into the Cestas' home. Mr. Zimmet indicated we are not in a joint effort with Brown, in that, the City's position is that Brown is responsible for the damages. It was the consensus of the Commission to agenda authorization for a settlement offer of $12,000 for Thursday night. Update on Sewer AWT Bonds. Dan Deignan, Finance Director, indicated we are now proposing to do two installments for the issuance of these bonds: one, September 17, 1988; and the second in January 1989. He stated this is because Congress may change the law which will allow us to take advantage of a portion of the bill regarding small issuers and the City could possibly avoid paying monies to the federal government for these issues. It was the consensus of the Commission to cancel the special meeting of November 10, 1988, and to agenda an item for the meeting of November 17, 1988. Refurbishment of 1974 Pierce/Ford Fire Pumper - Kenworth of Tampa, Inc. - $12,077. The pumper requires refurbishment to permit its continued use as a primary fire suppression vehicle. The refurbishment involves repair of rusted areas, replacement of worn or damaged treadplate, rebuilding of battery compartments, repairing exterior dents, replacing window and door gaskets, rechroming worn chrome exterior parts, repainting complete exterior of vehicle, etc. The repairs are necessary to maintain the structural integrity of the vehicle and also involves replacement of the 14-year old original exterior paint. Upon completion of the refurbishment, the pumper is scheduled to remain in the fire suppression inventory for another 10 to 15 years, 4 years as a primary unit and then as the primary spare engine. In response to a question regarding why we were unable to do this refurbishment in house, it was stated that this work is too specialized for in house refurbishment work. Pinellas Planning Council Referendum. Paula Harvey, Planning Director, indicated that the Pinellas Planning Council (PPC) will be active whether the referendum passes or not. The referendum will determine how much control the Council will have. If it does not pass, the City will still have to forward amendments for advisory recommendations to the PPC. There will still be a countywide plan; however, it will be an advisory tool only. If the referendum passes, land use plan amendments will go to the Pinellas Planning Council for a recommendation to the County Commission. The County Commission will either approve or deny the amendments. She stated the advantages of passage of the referendum are that a central authority for the multi-jurisdictional Pinellas County will be provided, there will be local authority to deny objectional amendments by the various jurisdictions and there will be more local control. The disadvantage is the County Commission will have authority over the municipalities. The county plan is being criticized and all elements of the County plan are not being looked to in the Special Act. It was stated that the basic difference would be where the appeal and control mechanisms are located. Discussion ensued regarding the need for the City to take a stand regarding the referendum and it was pointed out that, if the referendum passes, the PPC will have an independent staff and will sunset in one and a half years if it does not work. Further discussion ensued regarding whether or not the Commission favored the referendum and it was the consensus to place a resolution on the agenda Thursday night to support passage of the referendum. Renewal of Joint Use Agreement with Pinellas County School Board for Use of Various Facilities. For many years, the City of Clearwater has used various school facilities to offer specific recreation programs. As an example, the City owns no gymnasiums, and it is to the City's advantage to use those owned by the school system. On the other hand, numerous schools have the need to use City facilities, primarily ballfields and swimming pools. Cooperation between the City and the School Board has always been excellent and the use of each other's facilities is fairly equal. The agreement allows the City and the schools the flexibility needed in order to offer citizens quality educational and recreational opportunities. The agreement will run from January 1 to December 31. The School Board's legal department and all of the school principals involved in the Joint Use Agreement have given their approval. Once the Commission approves the agreement, it will be placed on the School Board's agenda for their approval. It was reported that a request has been made that the City waive the parking fees at Ruth Eckerd Hall for Eastlake High School graduation. It was the consensus of the Commission not to do this. Request for School Crossing Guard for the Intersection of Drew Street and Hercules Avenue. The Traffic Engineer conducted a pedestrian count at Drew Street and Hercules Avenue at the request of several parents. The count revealed that seven elementary school age children cross the street at this particular intersection. This intersection is hazardous due to its high volume of traffic. The Traffic Engineer recommends the placement of a school crossing guard at Drew Street and Hercules Avenue. The Police Chief concurs. Questions were raised regarding whether or not the children could cross at another intersection and it was indicated they could not. A request was made that the status regarding the percentage of traffic fines going to the school crossing guard program be provided. Library and Parks & Recreation Fees - Repeal Resolutions Nos. 88-37 and 88-38 and Adopt Resolutions Nos. 88-42 and 88-43. The City Commission adopted two resolutions in August which established non-resident user fees for the Library and Parks & Recreation Departments. These resolutions use the words "non-resident" and "taxpayer" interchangeably and could lead to confusion. It is recommended Resolutions Nos. 88-37 and 88-38 be repealed and Resolutions Nos. 88-42 and 88-43 be adopted. The replacement resolutions use the word "non-resident" throughout and have the term identified. There are no other salient changes. A question was raised regarding whether or not a combination card for Library and Parks and Recreation programs had been considered. It was reported it had not. The City Attorney stated there is some question regarding payments to the architect for the new library. Change in Conditions Related to Previously Approved Variance for Docks at the Marina del Rey Townhouse Development located E of the Harbour Condos on Sand Key (Larry Simmons, Lot 32, Marina del Rey at Sand Key). Conditions for the docks at Marina del Rey were previously established by the City Commission in 1980. A request is now being made by the owner of Lot 32 for variances to these conditions. This item was continued from the City Commission meeting of October 20, 1988, in order for the City Engineer to determine whether or not the dock as proposed would fit within the boundaries of Lot 32. The Planning Director reported that the City Engineer has reviewed a revised drawing and the tie poles are along the lot line shared with the adjoining property. Some concern was expressed regarding allowing docks from lot line to lot line. Land Use Plan Amendment from High Density Residential to Public/Semi-Public and a Zoning Amendment from RM-20 to PSP for a .19 Acre Parcel located on the W side of Larboard Way approximately 150 feet N of Dolphin Point, part of Lots 23, 24, and 25, Island Estates Unit 5A Sub., Sec. 8-29-15 (Lark Investment, Inc.) LUP 88-15, Z 88-17. In August 1988, the City Commission denied the subject request for rezoning and amendment to the Land Use Plan. The request was made by General Telephone Company for the purpose of installing a telephone switching station on Island Estates to improve service for the Island Estates neighborhood. There was public objection to the request. General Telephone has made inquiries as to the possibility of having this case reheard by the City Commission. Initially, the Commission consensus was not to rehear the case; however, on October 7th, the Commission did vote to reconsider the request. Concerns were expressed that there were many calls against approval of this request. A question was raised why they could not use Lot 23 for the switching station as it would be further away from the residential properties. Preliminary Site Plan for Waterview Center (Previously Site Planned as Lifetime of Vacations) located between Bayview Boulevard and S Gulfview Boulevard and Parkway Drive, Lots 7-13 and 15-20, Blk B, Bayside Sub. No. 5, Sec. 17-29-15 (Clearwater Beach Resort) PSP 88-50. This site was previously site planned as a 62-unit time sharing development proposed in six structures. The Settlement Stipulation between the Lifetime Vacations and the City of Clearwater was recognized by Pinellas County Circuit Court. Development was restricted to the site plan presented for 62 units. A new request on this site may require a change in the Settlement Stipulation. Parking was originally proposed under and surrounding the structures. A revised site plan was later approved by the Commission in September 1981. The revised plan allowed temporary office space under the structure at the southeast corner to be replaced with parking when the site was built out. Only four of the six time sharing structures have been constructed and the office use continues to exist under the structure at the southeast corner of the site. The current site plan proposes for a mixed use development with the conversion of the existing time sharing units to hotel/motel units. Proposed non-residential use will consist of a Walgreen Store which will sell alcoholic beverages requiring conditional use approval of the Planning & Zoning Board and a retail strip store structure. The site plan has been revised since initial submittal, revisions consisting of a correction to the number and type of existing units, the number of parking spaces, and location of related driveways. Staff has many concerns with the current site plan including adequacy of provisions of stormwater retention, landscaping, number and size of handicapped parking spaces and the conversion of time sharing units to hotel/motel units. There are three points of existing access, off of Gulfview Boulevard S, Parkway Drive, and Bay Boulevard N. The plan proposes two new access points off Gulfview Boulevard with the elimination of the existing drive from this street and one new drive off Bayway Boulevard N. The additional access points must be approved by the Traffic Engineer and authorized by the City Commission. The Planning Director indicated there is a lengthy list of conditions attached to this site plan and there is no on site retention shown at this time. She stated the Legal Department is reviewing the Settlement Stipulation to see if an amendment will be necessary. Questions were raised regarding whether or not the owners would be buying back any of the time sharing units that have been sold and the need for a unity of title on the property. Naedel Annexation. A request has been received by the Planning Department from Mr. Naedel that the Commission reconsider their action taken at the last meeting continuing his request to December 1, 1988. At the last Commission meeting, Mr. Naedel's request for annexation was considered and it was requested that he amend his application to include all properties owned by him. Mr. Naedel has now informed the City he does not intend to remain owner of the entire property and is requesting a rehearing earlier than December 1, 1988 of his application as submitted. Consensus of the Commission was to not reschedule at this time. Commission recessed from 11:28 A.M. to 11:38 A.M. Ordinance No. 4711-88 - Relating to Utility System Amending Sec.s 50.02-50.07 and 50.09 to Establish Definitions, Provide for Responsibilities of Owners and Tenants, Establish Procedures for Tenant Accounts, and Increase Depositions for Tenants. The City Attorney reported that this ordinance is in response to HB 506 which affects the City's ability to collect tenants' unpaid utility bills. Discussion ensued regarding the need for the five-month deposit and concerns were expressed that emphasis should be placed on changing the legislation. Concerns were expressed that, if the five-month deposit is instituted, it will have an impact on low income individuals. Discussion ensued regarding alternatives including reducing the grace period for delinquent bills and providing for consideration of those with good credit ratings. Suggestions were also raised that some sort of funding or community service agency programs be provided to low income individuals. COMMISSIONER BERFIELD LEFT THE MEETING AT 12:26 P.M. Discussion ensued regarding the need to soften the impact on those individuals who cannot afford higher utility deposits while at the same time protecting the financial stability of the utility system. Staff was requested to investigate alternatives and report to the Commission. Resolution No. 88-51 - Endorsing Victims of Crime Amendment to the Florida Constitution. Concerns were expressed that the Commission should not become involved in endorsing questions on ballots. It was the consensus of the Commission to pull this resolution. Verbal Reports. The City Manager reported that the legislative package would be ready for consideration by the Commission by December 29. He reported that the International City Managers Association Conference was beneficial in that he attended sessions regarding downtown redevelopment, public safety, and finance. Other Commission Action. The Mayor questioned the status of the hiring of the Assistant City Managers and the Economic Development Director. The City Manager reported that he was close to making decisions regarding Assistant City Managers. Commissioner Nunamaker requested a report regarding complaints that it takes two tokens to cross Clearwater Pass Bridge. It was indicated that some people purchased large amounts of the tokens prior to the increase in an effort to beat the toll increase. The City Manager reported he is preparing a response. The Mayor stated there was a need to provide for a City Manager review. The City Manager indicated he intended to provide written forms for the Commission to use. He stated the results will be written and in the public record. It was the consensus of the Commission to meet individually with the City Manager and then to make a summary public. They directed the City Manager to start setting appointments for the individual meetings. The Mayor questioned some of the proposals submitted to the Charter Review Committee. Commissioner Nunamaker stated he had replaced one of his members on this Board. Commission Regulski expressed concern regarding the City Attorney's proposal that Advisory Board membership not be limited to Clearwater residents and the suggestion that the $1 million limitation on revenue bonds be increased. The meeting adjourned at 12:54 P.M.