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11/28/1988 CITY COMMISSION WORK SESSION November 28, l988 The City Commission of the City of Clearwater met at City Hall, at 9:02 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 Two Service Pins were awarded. Dave Curtis of the Finance Department was presented the Certificate of Achievement for Excellence in Financial Reporting. Certificates of Appreciation for programs that were awarded the Florida Showcase Awards were presented to City Employees. The Mayor called the meeting to order at 9:02 A.M. and the following items were discussed. Ordinance No. 4728-88 and 4729-88 - Finance Ordinances relating to permanent financing of the Vogel Property and Cooper's Point, authorizing a $980,000 loan for the Vogel Property and $415,000 loan for the Cooper's Point Property from the City of Gulf Breeze Municipal Loan Pool; approving deposits of proceeds of loans into the special development fund; authorizing repayment of principal and interest from legally available open space and recreation land impact fees. Two tracts of land, one known as the Vogel Property to be developed as the Center Foundation, and the other, Cooper's Point, which was obtained to preserve this environmentally sensitive area, have been purchased and were financed by using monies from the Undesignated Fund balance until such time as permanent financing could be completed. Staff is recommending the use of the Gulf Breeze Municipal Loan Pool to complete the permanent financing for both of these acquisitions. Included in the recommendation is to authorize repayment of the principal and interest to the extent possible from legally available open space and recreation land impact fees, with the balance of the debt service to come from the Undesignated Fund balance and the Special Development Fund. In response to questions it was indicated that the impact fees which would be allowed to be used for these two purchases have not been projected. However, currently available are $160,000 for the Vogel purchase and $30,000 for the Cooper's Point purchase. Concerns were raised that over the term of the loan it might be advantageous to have a fixed rate rather than the variable rate included in the loan agreements. North Greenwood Commercial District General Development Plan. In the summer of l987 the Neighborhood Housing Services, Inc., was commissioned to prepare an economic development plan for the North Greenwood business properties. A task force was selected to direct and focus the effort. The market strategy adopted by the task force is to capture a large share of neighborhood expenditures to the present trade area and also recognize legitimate opportunities to expand the trade area. The task force's recommendations are designed to entice more shoppers into this district by providing an alluring mix of shopping opportunities within a safe, cohesive, attractive, business environment. A number of regulatory measures are recommended, and code amendments will be needed to include the establishment of a uniform 30 foot building set-back from the center line of Greenwood Avenue, zero side yard set-back, a 60% reduction in parking for commercial and office uses, and a parking waiver for properties having an area less than 5,000 sq. ft. where certain conditions exist. Two Zoning Atlas Amendments are recommended. One the property on the southeast corner of Palm Bluff and Greenwood Avenue is recommended to change from RM-24 to inclusion into the Redevelopment District, and two, the residential lots on the east side of Taft Street between Carlton and Grant Streets are recommended to change from Neighborhood Commercial to RM-16. In addition, a Design Review Board is proposed to judge the consistency of building plans with the design standards recommended for the district. Mike Fields, representing the task force stated that the North Greenwood Association was formed to come to grips with the difficulties in this area. Sam Casella was hired as a consultant and his task was to come up with a plan of "doable projects." He stated the report presented to the commission today is the result of over four years of work. Sam Casella, consultant to the task force, stated a market study was done to define the needs the plan needed to address. He stated there is a 20% increase potential in the area. The key issues are improved loan programs, improvement in zoning and regulatory elements, and improvements to the infrastructure in the area. It was suggested that the Tampa Bay Black Business Investment Corporation be involved in this program. Curt Youngstrom, architectural consultant for the committee, reviewed the design guidelines being proposed. He stated what is being proposed is attractive and cost effective and would produce a semi-tropical Caribbean architectural motif. This would result in a cleaner, fresher, brighter look for the area. He also stated signage and trash control needs to be addressed. Technical assistance needed from the City would include recognizing a home in the office and the impact of permitting fees. In response to questions it was stated that the main opportunity in the area is to expand existing businesses. John Richter, Development Code Administrator, stated there are a number of regulatory measures that will need to be addressed in order to implement this plan. This would include some rezoning, the establishment of a Design Review Board, and Code Amendments. Also needed are some area-wide building requirements, including a 30 foot set-back from the center line of N. Greenwood Avenue, a 10 ft. set-back from intersecting streets, 15% minimum open space, a maximum FAR area ratio of .6, parking requirement reduce by 60%, no more subdivisions to lots less than 5,000 sq. ft. and if no parking is provided a 5 ft. set-back amenity area. Concerns were expressed regarding the crime problems in the area and it was stated that the mission of the task force was to study the economic environment, not to solve the social problems that cause the criminal activity. Discussion ensued regarding various elements of the plan and concerns were again expressed regarding the criminal activity in the area. It was the consensus of the commission to have Police Chief Klien at the meeting Thursday night to address any questions that may come up about this issue. Oaks of Clearwater, Private Activity Bonds. The City has received a request from Oaks of Clearwater Inc., a charitable non-profit corporation, to provide up to $38,000,000 from the Gulf Breeze Loan Pool to fund the acquisition and improvement of the Oak Bluff Project at 420 Bay Avenue and the Oak Cove Project at 210 S. Osceola Avenue containing 500 units designed for adult congregate care and a 116 bed nursing care facility. The proposed bond program provides for title to both properties vesting in the City of Clearwater free of encumbrances upon payment of the bonded indebtedness 26 years from now. Joe McFate, Planning and Urban Development Director, stated that Oaks of Clearwater has a contract to purchase the two properties and is requesting City assistance in financing. He stated they will go forward with the purchase with or without the City assistance, however, they can receive a better interest rate if they are able to use the Gulf Breeze Loan Pool through the City of Clearwater. He stated the $38,000,000 loan will be use to purchase a GINMA certificate. The loan will be insured by FHA and sold to GINMA. The City will not be a mortgage holder, but will be the buyer of the certificate. The properties will be conveyed to the City upon the payment of the mortgage in approximately 26 years. Dan Livermore, Bond Counsel for the City, stated that this is a similar arrangement to that used for the purchase of Bethamy Gardens. Concerns were expressed that some of the documents needed to forward this activity were still being prepared. In response to a question as to why the City was involved, Mr. Livermore responded that it was to secure a tax exempt loan, and that this would make the financing more secure, and Oaks of Clearwater would be better able to serve the residents of the two facilities. In response to a question, it was indicated that should there be a default in the loan during the 26 year period, FHA would acquire the property. Mr. Steve Meuse, President of Oaks of Clearwater, stated that they have applied for and received approval from Citadel, the mortgage insurance company. He stated that this is a good deal for the corporation, the residents and the City as there is no risk to the City and that by securing the loan through the loan pool Oaks of Clearwater will save 2-4% in interest charges or 1.5 million dollars per year which will allow them to lower the cost of operation of the facilities. He stated they will be making improvements to the property. Concerns were again expressed that there was not enough information provided at this time and it was stated that originally it was understood that the deal had to be closed by the end of the year, but this is not necessarily the case. Paul Raymond, attorney for Oaks of Clearwater, stated that the State's Department's of Health and Rehabilitative Services, and the Department of Insurance regulate these buildings and they are in favor of the Oaks of Clearwater taking over these projects. He stated extensive research has been done on the company and the City getting the land at the end of the mortgage is not a gimmick in order to get the City to participate. It is a requirement of the Gulf Breeze Loan Pool that the City be deeded the land. Marshall Street Advanced Pollution Control Facility Project (CL 87056-2) - to SCE, Inc, for $16,699,000. The Marshall Street Advanced Pollution Control Facility Project consists of the conversion of the existing secondary waste water treatment plant to a 5 stage bardenpho process. This is a patented process which removes both phosphorous and nitrogen without dependence on chemical additives. The proposed pollution control facility will be capable of providing advanced waste water treatment as required by the Grissle-Fig legislation that was passed in l987. The project involves modifications and replacement of existing tanks, new structures including additional tankage, a maintenance building, filtration and sludge hauling facilities, influent pump station with head works, grit removal system, odor control facility and disinfection system. When completed the plant will be capable of removing pollutants including suspended solids, BOD, nitrogen and phosphorous to levels required by Florida law. In response to a question it was indicated that the City has not been challenged on this facility as it has for the East Plant because a different body of water receiving the effluent. This will complete the Marshall Street facility. Ashland Terrace Closing at McMullen-Booth Rd. - removing existing street and construction a cul-de-sac at a cost of $17,000. The Ashland Heights Homeowners' Association voted to request the City Commission approve closing Ashland Terrace at McMullen-Booth Rd. This request is based on the fact that there have been problems with outside traffic using the residential streets in the Ashland Heights Subdivision to shorten trips between Landmark Dr. and McMullen-Booth Rd. Traffic counts in February indicate that approximately 3/4 of the traffic is cut-through traffic. The vote of the Homeowners' Association is based on the understanding that the cost of the construction of the cul-de-sac will be borne by the City and the cost of construction of a wall and landscaping will be borne by the homeowners. The City's cost is estimated at $17,000. It is the City's intention to provide for pedestrian and bicycle traffic to McMullen-Booth Rd. at this location. Concerns were expressed that by closing this road emergency vehicle access will be limited and there is concern regarding safety factors. Ordinance 4711-88 Relating to utility system, amending Secs. 50.02 through 50.07 and 50.09, Code of Ordinances, to establish definitions, provide for responsibilities of owners and tenants, establish procedures for tenant accounts and increase deposits from tenants. This ordinance has been under discussion for several weeks and concerns are by raising the deposit to a five month deposit will adversely impact people in the low income brackets, and there is no provision for exceptions for individuals who have a good credit history. Concerns were expressed that the Commission's policy regarding credit needs to be readdressed. The suggestion was made that the deposit be left at 3 months times the monthly average bill. It was stated that credit policy should be discussed at a future Work Session. Preliminary Site Plan for Pinellas County Utility Building Expansion Located on the North Side of Court Street between Osceola Avenue and Pierce Blvd. Lot 2, Blk. 2 and vacated alley on W; Lots 1 and 2, Blk. 3; Lot 1, Blk. 4 and vacated street E'ly; and Lot 2, Blk. 4; all in A.C. Turner's Sub.; and M&B 13.10, Sec. 16-29-16 (Pinellas County Utility Dept.) PSP 88-56 Pinellas County Utilities Department is proposing to expand it's existing facilities on the subject site with the construction of a four story addition on the north side of the existing two story structure, and the construction of a parking structure on the northwest portion of the site. There will be a second floor plaza connecting the two structures. Other details of the parking structure such as height, dimensions, number of floors, layout and vehicular areas have not been given on the plan. For the purpose of providing a view corridor to Clearwater Harbor and Clearwater Beach, the Urban Core (business zoning) requires a minimum of 40% of the width of the property or in this case, 105 ft., to be kept free of buildings. The existing structure meets this requirement. However, with the construction of the building addition and new parking structure, there will be a view corridor of approximately 15 ft. divided incrementally. This will require a variance approval by the Development Code Adjustment Board prior to final review of the site plan. There will be four points of access: one (1) 'entrance only', on Osceola Avenue, and three (3) driveways on Court Street, one (1) labeled 'exit only' on the site plan. It was stated that by constructing the building as planned, the view corridor for those individuals on Court Street will not be affected. It was requested that the height of the garage be provided. Reconsideration of Dock Approvals for Marina del Rey Townhouse Development Located on Sand Key East of Harbor Condo's at 1581 through 1595 Gulf Blvd. The Planning Director explained that the staff is proposing a blanket approval of catwalks with boat lifts or cradle lifts, as have been recently approved by the Commission. The proposal also includes a provision that variances to this blanket approval go to the Development Code Adjustment Board instead of to the Commission. Commmission consensus was for staff to proceed. Jim Gray Settlement. The Planning Director indicated that she and Assistant City Attorney Lance have been meeting frequently with the attorneys in the Jim Gray suit. She said they need to meet with the City Commission individually and then have a general discussion regarding the settlement at the next meeting. Consensus was to schedule the individual meeting times. Ords. 4654-88 & 4655-88 - a LUP Amendment from High Density Residential to Public/Semi Public (P/SP) LUP 88-15, and a Zoning Amendment from Multi-Family Residential (RM-20) to Public/Semi-Public (P/SP) Z 88-17, for Property located on the W side of Larbord Way approx. 150 ft. N of intersection at Dolphin Pt.; part of Lots 23, 24, and 25 Island Estates Unit 5A proposed to be developed as a GTE Switching Station. (Lark Investment, Inc.) Commissioner Nunamaker reported he has been informed by the individuals opposing this that there are deed restrictions which would prohibit this development. It was indicated that there may be a law suit regarding this rezoning. Other Commission Action Commissioner Regulski questioned whether or not the Commission wish to do anything more than a Resolution opposing McMullen-Booth Rd. being made a part of the Inter State or State Rd. system. It was reported that there will be a Public Hearing before the County and it was the consensus to appoint a commissioner to attend that meeting to express Clearwater's objections. It was reported there will be a Town Meeting at Martin Luther King Center at 7:30 this evening. The Mayor questioned whether or not Public Hearings can be advertised as not before 6:00 P.M. instead of 6:30 P.M. Consensus was to make this change. The City Manager reported he has hired the Assistant City Manager for Operations. Charles Hunsicker is to report for work on January 3, l989. He stated it is hoped that at least one more Assistant City Manager will be appointed with in the next ten (10) days. The City Manager reported he will have the Legislative Package for Commission consideration at the next Work Session. The meeting adjourned at 12:45 P.M.