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09/12/1988 CITY COMMISSION WORK SESSION September 12, 1988 The City Commission of the City of Clearwater met at City Hall, September 12, 1988, at 1:04 P.M., with the following members present: Rita Garvey Mayor-Commissioner James Berfield Vice-Mayor/Commissioner (arrived 1:11 P.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: There were four service pins awarded. Department of Insurance vs. City of Clearwater Gas Division - Joint Settlement Stipulation for Consent Order. Alan Zimmet, outside counsel for the City in this case, stated the agreement requires the present license for sales and installation to be exchanged for a dealer license whereby the City can sell LP appliances but can no longer install LP gas and service lines. He stated the City could continue to serve its current LP customers. Approval of this agreement would eliminate the need for a hearing and all parties have reviewed it and recommend approval. In response to a question, he indicated this would not eliminate potential liability regarding gas explosion at the apartment complex in Largo; however, it would prevent the administrative hearing that could affect the outcome of the lawsuit in that case. It was the consensus of the Commission to place this item on the consent agenda for Thursday night's meeting. 1989-90 CRA Budget. Tax increment revenues for the next fiscal year are projected at $660,000. Proposed expenditures include existing bond issue debt service, transfers to the parking system for the Coachman building project and Saturday parking, and an administrative transfer to cover the cost of the proposed office of Economic Development. It is recommended the remaining $290,000 be used for further land acquisition in the redevelopment area with a specific site to be determined during the fiscal year. Joseph R. McFate, Planning & Urban Development Director, stated $5,000 will be needed for the streetscape program. In response to a question, it was indicated that the slab on the Bilgore property is being removed in an attempt to encourage development. Discussion ensued regarding for what CRA monies could be used. The Planning & Urban Development Director indicated there will be a need for monies for building demolition on the CETA and Bilgore properties. He stated CRA monies can be used for any public project within the redevelopment area and may be used for administrative costs. Things that are prohibited are general government expenses and capital items that are included in the Capital Improvement Project Budget funded from other sources. CRA funds cannot be used to offset private developer fees. He reported the Garden Avenue parking garage is almost full and that it has been constructed in such a way that additional floors can be added. It was the consensus of the Commission to pass the proposed budget as is and amend it later if there is a need. Bilgore Property Proposals. The City had requested proposals for residential development on the parcel known as the Bilgore property. Two proposals have been received; one for the development of condominium units and the other for an apartment complex. Discussion ensued regarding the need to know the principals involved and their track record. In response to a question, Joe McFate stated the CRA paid $690,000 for the property plus interest and that costs associated with this would also include lost taxes and site preparation. Consensus of the Commission was for staff to continue to negotiate with the two companies making proposals. Congressional Proposal Regarding Tax Exempt Bonds. Dan Deignan, Finance Director, indicated that the Supreme Court has overturned a decision that the Constitution protects the rights of cities to issue tax exempt bonds. He stated he has been notified of proposed legislation that would limit the City's ability to issue tax exempt bonds. Mr. Deignan has drafted a letter for the Commission's signatures which opposes any attempts to reduce or eliminate the reciprocal tax immunity for local governments. Commission consensus was to send the letter and to copy it to the Florida League of Cities and all represenatives. Commissioner Regulski requested support for the Brady Bill which includes a seven-day waiting period prior to the purchase of a gun. Painting and Waterproofing of Fleet Maintenance Building - 1900 Grand Avenue. The low bidder for this contract has withdrawn their offer due to a typographical error in their bid document and the second low bidder is withdrawing their bid due to the unacceptability of Dyco Paint. Discussion ensued regarding why Dyco Paint would not be acceptable. Floyd Carter, Central Services Director, indicated that they specified the paint rather than the elements in the paint. Commission consensus was to request that staff investigate having specifications drawn up regarding performance rather than specifying a particular type of paint. Extend Contract Operated Vehicle Parts Store - Court Square Auto Parts, Clearwater, est. $626,000. Court Square Auto Parts of Clearwater has agreed to extend the present contract for a one-year period without price increases. The contract requires the vendor to supply vehicle parts for the Fleet Maintenance Division at our location. Discussion ensued regarding employees purchasing items needed at various hardware stores and it was stated that there is a policy that certain small purchases can be made in this manner. Concerns were expressed that some unnecessary items may be being purchased and it was stated an audit will be done. Purchase of Replacement Computer Equipment for Fleet Administration from Diagonal Data Corporation of Minneapolis, MN, and Digital Equipment Corporation for a total of $284,750.23. The current Fleet Administration system was installed in the summer of 1984. The usage of the system has increased to the point where there is not enough room on the hardware to store all the data necessary. The Central Services Department requires five years of detailed transaction history on the system at all times. To manage the maintenance function of the vehicle. Associated with the current general equipment maintenance is a fuel dispensing system. Both systems are needed to allow the Fleet Administration Division to property track maintenance and fuel consumption of City vehicles, thereby, reducing the cost of maintained vehicles and helping to alert the Fleet Administration Division to minor problems with vehicles before they become a major repair job. The proposed system would replace all the current hardware and software being used by the Fleet Adminstration Division. Discussion ensued regarding the need for this equipment and concerns were expressed that too much information may be being kept in the system. Consensus was to pull this item to allow staff to compile additional information. Discussion Regarding Prostitution Ordinance. The Police Chief indicated that the Police Department is trying different methods of aleviating the prostitution problem; however, it is not felt that we can control prostitution through an ordinance. He stated they are helping individuals who wish to picket hotels known to cater to the prostitutes. They are also working with neighborhood watch programs. Letters are being drafted to owners of hotels and motels notifying them that if they can prove the illegal activity taking place on the premises, there can be legal action taken. The Police Chief indicated he is preparing a position paper which he will be presenting to the Criminal Justice Coordinator. He stated a large part of the problem is that violators are not spending time in jail. Rob Surrette, Assistant City Attorney, stated that his concern is drafting an ordinance that would pass constitutional muster. He stated a lot of states have adopted ordinances, and while some have been upheld, some have not. He stated an ordinance that would allow discretion of a police officer would probably not hold up in court. Further discussion ensued regarding the need for stiffer penalties and it was indicated that the situation does seem to be improving. Speed Limit Enforcement - Sand Key Bridge. Due to structural damage to the Clearwater Pass Bridge, repairs were made and a 15 m.p.h. speed limit was imposed. However, speeding occurs at all hours of the day and night. The Police Chief is recommending an enhanced enforcement program using off-duty police officers four hours a day, seven days a week. It was stated that the times of enforcement would vary. The Commission's consensus was that this was a City Manager decision. Stevenson's Creek Drainage Plan Status Report. The City has experienced flooding episodes due to deterioration of the condition of the Stevenson's Creek Drainage Basin. W. K. Daugherty & Associates have prepared an engineering report which provides recommendations for improving this situation. Charles King, Vice-President of Daugherty & Associates, stated that the inadequacies in the drain field have been identified and a program recommended that will eliminate the majority of flooding problems. He reviewed the proposed program. He stated that the work would be done from north to south and that to do it any other way would cause additional flooding problems in other areas of the basin. Bill Baker, the Public Works Director, stated that the entire project would cost approximately $4 million and that we will seek funds from the state to help pay for the improvements. Discussion ensued regarding the cost and the options for funding the improvements. In response to a question, it was indicated that it would take approximately one year for the engineering needed to be done. It was the consensus to place an item on the next Commission meeting which would present the proposal to the public and authorize the engineering. The Public Works Director indicated that staff has not forgotten regarding the request we dredge the mouth of the creek; however, that should not be done until the rest of the project is completed. Sludge Hauling for Water Pollution Control Division - Davis Water & Waste Industries, Inc., Tallevast, FL, 10/1/88-9/30/89 at estimated cost of $213,180. The Water Pollution Control Division operates three wastewater treatment plants which generate approximately 22 million gallons of digested sludge on an annual basis. The sludge must be transported to the City owned disposal site in Hillsborough County. The present contractor for hauling of this sludge has agreed to extend their present contract. In response to a question, it was indicated that with the installation of the advanced wastewater treatment plants there should be some relief regarding the sludge disposal problem. Parking on Cleveland Street. For years there have been several requests that parking be installed on Cleveland Street. The City Manager reported this is a state road, and that in February 1988, the Florida Department of Transportation denied the request to place parking on this road. Keith Crawford, Director of Traffic Engineering, reviewed the request made of the state for a trial period of parking. The state is concerned regarding safety hazards and traffic flow. Discussion ensued regarding options including asking the state to relocate the designation of S.R. 60 away from Cleveland Street; and therefore, making it a City road. It was stated there is a study being done regarding the Alternate 19 corridor, and it was felt that all projects should be looked at together. It was the consensus of the Commission to request state approval for a six-month trial period. An item is to be on Thursday night's agenda. PACT Parking Agreement. In 1983, the City constructed an entry road and parking lot at the Richard B. Baumgardner Center for the Performing Arts. PACT, Inc. operates the theater at this facility and has agreed to reimburse the City for the debt service on the bonds issue to finance the parking and entry road construction, together with the costs of maintaining the parking facility. During the first years of operation, the City collected a fee based upon performance tickets purchased. Now it is recommended that fixed debt service amount plus current projected operating costs be reimbursed to the City by PACT. The City has reserved the option of deducting the regular monthly payment from any sums due PACT under the terms of the Facility Use Agreement or any other payments due PACT. Joseph R. McFate, Planning & Urban Development Director, stated we are merely changing the way we are collecting the dollars and that we will be deducting the debt from the money that we pay to PACT. Final Site Plan for Seville Oaks located at the SE corner of U.S. 19 and Seville Boulevard (a private road), S of Clearwater Mall, M&B 33.03, 33.04 Sec. 17-29-16 (First Federal Savings & Loan Association of Largo; Ronald P. and Alice Niske; James J. and Jean Pope) PSP 88-27. This site plan is being brought to the City Commission for final approval as the developer is proposing to delete only one of the existing driveways although the City Commission has required that two be eliminated. The Director of Traffic Engineering finds the developer's proposal acceptable to eliminate the northernmost driveway leaving two entrances and three exits to U.S. 19 because they are located along an auxiliary lane which terminates at Seville Boulevard. Concerns were expressed regarding using Seville Boulevard, a private street, and it was stated there is a right of access agreement for this property. Day Care Funding Contracts with Latchkey Services and Project Playpen. Since 1973, the City has provided assistance with the necessary local matching funds to provide child day care for residents of publicly assisted housing. The state, through the Department of Health and Rehabilitative Services, contracts with Latchkey Services and Project Playpen to provide the services based on the state fiscal year beginning July 1. It is recommended that both agencies continue to be funded at the same level as in the past. A request was made for a list of the programs being funded through the special project fund. Discussion: Zoning for Non-Commercial and Accessory Parking. The Planning Director indicated they are looking for alternatives to deal with such situations as parking for churches, particularly when they are abutting residential zones. Concerns were expressed regarding the uses being allowed in PSP zones. A question was raised regarding whether or not this type of parking should be allowed in a residential zone and concerns were expressed regarding this. It was the consensus of the Commission for the staff to do further review and report October 17, 1988. Discussion: Penguin Palace Deck and Serving of Alcoholic Beverages. The Planning Director reviewed the history of this case stating the Penguin Palace did not have approval for the existing deck; however, they do have a permit from the Department of Natural Resources (DNR). Parking variances have been requested for the entire addition. The Planning Director indicated there are alcoholic beverage sales on the deck for which there is no approval, and the owners have been given notice of this. Ordinance No. 4685-88 - False Alarm Ordinance. Rob Surrette, Assistant City Attorney, reviewed the changes he has made to the existing codes stating the amendments are to overcome the problem of proof of false alarms. He stated now courtesy warnings will be issued for the first two false alarms and the actual citation will be for the third occurrence. He has stated he has met with the alarm companies and there are no serious objections to the ordinance. Update on Jim Gray Suit. It was reported that discussion is still continuing with all parties involved. Miles Lance, Assistant City Attorney, reviewed the current items of discussion which include an increase in height allowed, setbacks, ten-year limitation on development, and other issues. It was stated that City Commission approval would be required before anything can be accomplished. A suggestion was made that Gulfview Boulevard be vacated in this area and that they be allowed to develop in accordance with current zoning. Verbal Reports. The City Manager reported on the activities of the Emergency Operation Center during Tropical Storm Keith. He also reported that Val Mahan of the Public Works Department has been appointed as the Emergency Coordinator for the City. The Governor has asked that information be provided regarding damage by Wednesday. The City Manager reported that we are making progress in our emergency management activities and that an underwater inspection of the Clearwater Pass Bridge was done today. The City Manager reported that the I.C.M.A. Conference will be held October 23-27, 1988, and that he plans to attend. He reported that he participated in a speaking engagement at the meeting of the N.A.A.C.P. the preceding day. He stated he is reviewing the applications for Assistant City Manager and Economic Development Director. Other Commission Action. Commissioner Berfield left the meeting at 6:20 P.M. Pinellas Planning Council (PPC) Budget. It was indicated that the County Commission will pay for PPC functions through the referendum and that the majority prefer an independent staff. Commissioner Winner reported the Planning Council would be hiring its own director and that this individual would not be able to work for the County. Appointment of Center Foundation Trustees. Consensus was to place this item on the agenda for Thursday night. Anti-Drug Abuse Act. Commission consensus was to support the concept and for the Mayor to inform the legislature through letter. It was indicated that this includes a seven-day waiting period for guns. The meeting ajourned at 6:28 P.M.