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10/03/1988 CITY COMMISSION WORK SESSION October 3, 1988 The City Commission of the City of Clearwater met at City Hall, October 3, 1988, at 9:05 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: Status of Church of Scientology and American United vs. City (Charitable Solicitation Ordinance. Alan Zimmet, outside counsel for the City in this case, stated that the Scientologists have filed for attorney's fees for the first ordinance. He stated a protection order was filed by the City and the judge limited those who could be deposed. Documents requested have been produced and a Motion for Summary Judgment was filed in January. Since the Motion for the Summary Judgment, the City has been working on settling the case with the American United plaintiffs, as they had admitted during the depositions, they did not know what was in the ordinance and could produce the information the ordinance requires. He stated otherwise we are in a holding pattern waiting for judgment on the Motion for Summary Judgment. Discussion ensued regarding the American United plaintiffs not knowing what was in the court order and concerns were expressed regarding the dollars being expended on this case. It was stated that the other side is driving up the cost as the City Commission is sensitive to the dollars being expended. Further discussion ensued regarding what would be required to continue the case. Mr. Zimmet responded that oral arguments would be about $120 per hour and that there are no briefs to be filed. He stated, if the Summary Judgment is not granted, a trial would cost between $10,000 and $25,000. He stated that until a judge makes a decision on the Motion for Summary Judgment, we are at "status quo." Concerns were expressed, that if outside limits for expenditures were set, it would influence the case. Consensus was to wait until a judgment is issued and then discuss dollar amounts to be set. Status of Grigsby Case. The Grigsby case involves a wrongful death suit in which the City is being held responsible for the death of a fourteen-year old boy who took his parents' car and was killed in an accident. The City Attorney reported they are wanting to make an offer of $25,000 to settle everything. He stated the City is ready to go to trial and believes that we have a good case; however, there are no guarantees regarding the outcome. In response to a question as to why the City was involved, the City Attorney responded that there were questions regarding a police pursuit and whether or not the intersection was marked adequately. Discussion ensued regarding whether or not the City should settle this case if it is felt that we were not at fault. Concerns were expressed that the jury could be sympathetic to the mother of the young man. The City Attorney stated that it would be a two to three-day trial which would cost at least $25,000. In response to questions, he indicated there is no liability regarding the passenger in the car who was also killed. Prostitution Ordinance. Rob Surette, Assistant City Attorney, stated that he has had no success in finding an ordinance he feels will withstand challenge. He stated an ordinance cannot be overly broad and needs specific language to provide guidelines. Police Chief Klein stated they are working on the problem; however, it is labor intensive. He stated arrests are made; however, there is only a short time in jail for those arrested. The problem is moving from Fort Harrison. He stated judges are receptive to changes. He is asking the Commission to keep trying to find an answer to the problem. Discussion ensued regarding whether or not an ordinance should be passed and then allow it to go into the courts to test for its constitutionality. Consensus of the Commission was for staff to continue to pursue different solutions. The Police Chief reported some progress has been made in the judicial system in that bond schedules are up considerably and that there is talk of an additional minimum security facility which would allow the court system to hold offenders a longer period of time. Purchase of Replacement of Computer Equipment for Fleet Maintenance - Diagonal Data Corporation, Minneapolis, MN for $284,750.53. The Micro VAX computer and Contrac Fuel System would replace all current hardware and software being used by the Fleet Administration Division. The new computer is projected to provide storage for at least five years of detailed data as well as room for the inclusion of the Parts, Radio, and Building and Maintenance databases. An upgraded version of the GEMS software is included with the computer and will provide all current functionality as well as additional reporting with abilities for Fleet Administration Control. Both the GEMS System and Fuel Dispensing System are needed to allow the Fleet Administration Division to track maintenance and fuel consumption of City vehicles, thereby reducing the overall cost of maintenance. Floyd Carter, Central Services Director, explained the need for this equipment. Discussion ensued regarding whether or not the detail information proposed to be used on this system is actually needed. Consensus of the Commission was to go forward with item; however, to challenge staff to identify those things that do not need to be computerized. False Alarm Ordinance. This ordinance has been proposed to address the issues created by false alarms. Concerns were raised regarding the need to have an automatic shut-off on alarm devices. Nick Lewis, Fire Marshal, stated the longest response time for the Fire Department is six minutes. However, they need a fire alarm system that is activated when they arrive and continues to ring until the building is emptied. Discussion ensued regarding the difference between fire alarms and intrusion alarms and it was stated that fire alarms are internal to a building and that it is mainly the intrusion alarms that are causing the false alarm difficulties. A question was raised regarding whether or not there could be a fifteen minutes automatic shut-off and Rob Surette, Assistant City Attorney, stated that twenty minutes was chosen as it is the standard in alarm technology. Marina Room 8 - Hurry Photo Lease Agreement from December 1, 1988, to November 30, 1989 for total sum of $7,200. The current lease agreement expires November 30, 1988. In accordance with Mr. Guiddy's request, the lease shall be renewed for only a one-year period. All conditions of the present lease will remain the same. A question was raised regarding Sec. 1(b) regarding reimbursement for improvements and it was stated that this would be clarified prior to Thursday night's meeting. It was reported that the Memorial Causeway Bridge is currently not operating and it is not known when it will be fixed. Calvary Baptist Church Agreement Regarding Benches Being Placed on Church Property at the Intersection of Osceola and Cleveland Streets. Plans for expansion at Calvary Baptist Church included street furniture, such as benches, planters, etc. being placed on the Cleveland Street right-of-way at Church expense. However, the City has worked with the church and a vast amount of utility lines are located on the right-of-way between the sidewalk and the curb. Many of these utilities are at the surface which precludes the placement of benches and planters as originally planned. In order to provide landscaping and public seating at this location, staff met with Church representatives and arrived at a plan for placing benches and planters on Church property immediately adjacent to the right-of-way. The installation will include benches, trash receptacles, and landscaping. The Church has no problem with these being put on Church property but does not want to assume the additional liability that might accompany these installations. Therefore, a hold harmless provision is included in the agreement. As the City would assume liability for benches placed in the right-of-way, there would be no additional liability incurred through this agreement. Discussion ensued regarding the number of benches to be installed and it was the consensus to modify the agreement to only one bench. Woodgate Park Lighting for Soccer Practices - Countryside Youth Soccer Association contributing $7,000 and City loaning $4,404 and waiving $2,500 labor and equipment cost. The City has attempted to reach agreement with all parties involved regarding this request from the Clearwater Youth Soccer League for the installation of lighting at Woodgate Park. The Parks & Recreation Director indicated he has met with homeowners and with Mr. Landcaster and the adjacent property owners are opposed to the installation of the lighting. Discussion ensued regarding whether or not the property owners objected to the lights as a whole or to them just being on after 10:00 P.M. It was indicated that the property owners do not want lights installed. It is not just the light intruding upon their property, they are also concerned regarding the noise and groups other than the Soccer League using the facilities. It was questioned whether or not property at Countryside High School could be used for practice fields. It was stated that the property is low and stays wet most of the time, and would require a major project to make this property usable as practice soccer field. It was questioned whether or not the Coalition of Homeowners has taken a position regarding this issue. It was stated they have not. The City Manager reported that staff is continuing to try and work something out; however, we are still at an impasse at this time. Commission recessed from 11:22 A.M. to 11:33 A.M. Development Review Process - Dave Healy. Mr. Healy was hired as a consultant to review the City's development process. He stated he divided the project into tasks (1) to inventory current situation; (2) to evaluate that situation; and (3) to identify the issues. He has studied the various functions of staff, the Boards, and the City Commission. He stated there is some duplication regarding the conditional uses being heard by the Planning & Zoning Board and variances by the Development Code Adjustment Board; however, the process is working well and there is no reason to amend. There was some discussion regarding eliminating the receipt and referral procedure which adds fifteen to twenty days to the process. He stated there is a need to coordinate the separate inspection functions that are currently done by several different departments and there was some discussion regarding notifying surrounding property owners regarding site plan reviews. He indicated that there is concern regarding the alcoholic beverage permitting and whether or not ownership changes should require approval of a variance from the City Commission. In response to a question, he indicated that he may be suggesting these not come to the City Commission. He stated developers can live with a specified time frame; however, there are some functions, such as the twice a year land use plan amendments, over which the City has control. There needs to be a consolidation of the various functions in the development review process. He stated there is no individual or office for public information purposes in this process and there needs to be a facilitator. Physical resources also need to be addressed as there needs to be an accommodation for the participants and there needs to be more direction regarding where developers are to go for their development review processes. A central permitting counter is being proposed which would consolidate the permitting functions. It was reported that the Commission will be requested to accept the report at a later date and that suggestions that can be implemented administratively will move forward. Emergency Repair to Flood Damaged Countryside Roads. Prolonged severe rainfall between September 4th and September 9th, 1988, caused flooding in most areas of Clearwater. As a result, the groundwater table in many places rose up into the roadway base and softened the base material to the extent that the roadway could not structurally support wheel loads and the roads were damaged by traffic. Countryside Boulevard was extensively damaged in several places. Also requiring immediate repairs due to the flood were Wildwood Way and Deer Run North. To return Countryside Boulevard, Wildwood Way and Deer Run North to use as soon as possible and to prevent further damage to the roads, an emergency purchase order was issued to R.E. Purcell Construction Company to perform the necessary emergency repairs. Use of the normal bid process would have delayed these urgent repairs and prevented the restoration of key thoroughfare segments. The anticipated total cost of the repairs is approximately $60,000. The repairs are expected to be completed Friday, October 8, 1988. Stevenson Creek Agreement with the City of Clearwater and Southwest Florida Water Management District (SWFWMD). The Southwest Florida Water Management District has offered through one of its district programs to fund the final design plans and specifications of water hydrological improvements to Stevenson's Creek on a 50/50 split with the City. SWFWMD will fund up to 50 percent of the total engineering but not more than $120,000. The City will be reimbursed for consultant costs after the necessary permits have been obtained. The project has been defined into four stages so that the City will have adequate time to accomplish construction of the proposed improvements. The time frame stipulated requires the City begin construction within two years of receiving funds and they has five years to complete construction. The agreement does not commit the City to construction unless we accept funding. It also provides a time frame that is exceeds that proposed. In response to a question, Bill Baker, Public Works Director, indicated that the overall engineering cost is estimated to be $600,000 and that this will be for a four-year program which will cost a $1 million per year for improvements to the entire Stevenson Creek Drainage Basin. Contract for Parking Lot Attendant Services at Parking Lots on Clearwater Beach from 11/1/88-10/30/89 - Republic Parking System, Chattanooga, TN for a cost of $52,346. Bids were received to provide parking lot attendant services to collect parking fees at South Gulfview, Pier 60, and Rockaway parking lots. Three bids were received. The two lowest bids were rejected for failing to meet the specifications relating to "Qualifications of Bidder" that required the company must have provided parking lot attendant service for the last three consecutive years. Both low bidders are security guard companies and have never operated pay parking lots. The specifications relating to cost consisted of two parts. Part 1 is an administrative cost which includes uniforms, insurance, worker's compensation, supervisory and all other overhead costs incurred. This will be a fixed amount for the period of the contract and is not subject to adjustment if the hours of operation are increased or decreased. Part 2 is the manhour cost which is the rate applied to the cost of salaries and other expenses related directly to the number of hours an attendant is on duty. If the hours of operation of the lot are increased or decreased, the manhour cost will be the basis for adjusting the compensation. Special Transportation Area Resolution. Chris Papandreas, long range Planner, stated that the new Growth Management Act provides for a level of service (LOS designation) for streets and highways. The State rules also provide that a local government can ask for a special transportation area when it is determined that the minimum level of service cannot be reached. The City of Clearwater is particularly concerned regarding U.S. 19 and S.R. 60. In response to a question, it was indicated that, if the special transportation area is not established and the roads are not improved, the City would be placed in a position of committing the funds to bring the road to the service level or prohibiting permits for development along those roads. Preliminary Subdivision Plat for Hidden Oaks located at the NW corner of McMullen-Booth Road and S.R. 590, a portion of M&B 33.03, Sec. 4-29-15 (Babcock Co.) SUB 88-11, Related File: PSP 87-7. The City Commission reviewed a proposal to develop this site with four single-story office buildings. The final site plan was certified on July 27, 1987, and an amended plan was later certified on December 31, 1987. The developer is now requesting a proposal for a subdivision plat to divide this site into five parcels; four of which will be lots under the four buildings non-contiguous to streets and under separate ownership, and the remaining surrounding tract which will be maintained by a homeowners association. Approved access to S.R. 590 and McMullen-Booth Road should not be affected by the proposed subdivision plat. As the subdivision regulations do not provide for a subdivision as proposed, it is necessary for the proposal to be submitted as a planned development unless the developer wishes to file a condominium plat. To avoid any possible confusion with the City's sign regulations, it is recommended that the site be limited to one property identification sign per major street frontage. It was pointed out that a unity of title agreement should be added as a condition. The Planning Director agreed and will revise the item prior to Thursday night. Preliminary Subdivision Plat for South Oaks Fashion Square and a Related Change to Condition No. 7 of the Final Site Plan for South Oaks Fashion Square located at the SW corner of S.R. 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. In May of 1988, the Commission approved a zoning amendment from IL to IPD, a Final Master Site Plan for South Oaks Fashion Square, and an amendment to the Annexation Agreement between the City of Clearwater and David Bilgore & Company, Inc. for the proposed retail/office development on this site. The site plan was approved subject to the nine conditions. The site plan has not yet been certified. The developer now requests approval of a two lot subdivision plat to reflect future ownership. As the developer's plan is to first construct the retail center, he requested the required site plan condition #7 be applied at such time when a building permit is requested for the office development or upon notice from the City that construction of Landmark Drive is to commence, whichever occurs first. The approved point of access will not be affected by the plat. Discussion ensued regarding the changes taking place on this property and concerns were expressed that the entire development was not taking place at one time. The Planning Director indicated the development is governed by the site plan. Concerns were expressed regarding the right-of-way not being maintained, and it was requested that a condition requiring unity of title be added to the item. Commission recessed from 1:10 P.M. to 1:20 P.M. Sheraton Sand Key DRI Expansion Project. Gene Prescott, owner of the Sheraton Sand Key, reviewed the proposal stating it will be a major destination resort. He stated they will be doubling the meeting space area and combining with a beachscape plan. The project would begin in the summer of 1989 with the opening in the winter 1990, and a grand opening in conjunction with the Super Bowl of 1991. Discussion ensued regarding construction seaward of the Coastal Construction Control Line and it was indicated that State approval would be needed for this and would be applied for. In response to a question, it was indicated that there would be eighteen guest floors on top of two meeting area floors and that the height of the building would be 30-35 feet below the maximum allowed in the Stipulation Agreement. Mr. Prescott indicated that the number of people employed would increase as would the revenues to the City in tax dollars and tourist funds. Concerns were expressed regarding the Clearwater Pass Bridge and whether or not this would affect the ability to construct the project. It was stated that this project would help Clearwater and other hotels and that there would be a double-dune system constructed to protect the beach. The Planning Director indicated that staff has worked with the applicants on this for over one year. Preliminary Subdivision Plat for the Clearwater Collection First Replat located on the W side of U.S. 19 and on the N side of Drew Street, the Clearwater Collection Lots 1-3, Sec. 7-29-16 (The Clearwater Collection Associates, Ltd.) SUB 88-13, Related Files: PSP 86-35 and SUB 87-9. The applicant is requesting approval to replat the existing recorded plat as a Commercial Planned Development. A certified master site plan for this retail center development was certified on January 26, 1987, and has since been amended several times and the final site plan being certified on July 28, 1988. The center is currently under construction. The replat reflects a planned amendment to the site plan and future ownership. Access points should not be affected by the replat. A request was made that a requirement for unity of title be added as a condition. Preliminary Site Plan for Vogel's Landmark Office Building Phases C and D located on the E side of Landmark Drive, 315 feet S of Enterprise Road, portions of M&Bs 22.01 and 22.02, Sec. 33-28-16 (James A Vogel) PSP 88-42 and Related Files: PSP 88-3, A 88-19, and LUP 88-10. The developer is proposing the third and fourth phases of the office development. Phase C is a site that is zoned OL (Limited Office) with a Land Use Plan designation of Residential Office. The property includes a wetlands area under DER jurisdiction which is required to be rezoned to AL/I (Aquatic Lands/Interior). A related plat has been approved for this parcel with the adjoining property to the north. There is an ingress/egress easement being platted to allow access to this property from Enterprise Road through the adjoining parcel. This easement will not be necessary if the City Commission approves a proposal to extend Landmark Drive and should, therefore, be eliminated prior to the recordation of the plat as it crosses the wetland area. Phase D is a site which is currently being annexed into the City with proposed OL zoning and Residential/Office Land Use Plan designation. Four office structures are planned in this phase. It was stated there is an annexation agreement which is related to this item. The annexation agreement will provide that the Vogels assist in the fees for construction of Landmark Drive and the City will construct the road. The agreement is also calling for some consideration of a transfer of density from the area to be rezoned to Aquatic Lands. Preliminary Site Plan for Jo-Go Amusement Center (Miniature Golf) Reconstruction with Parking Garage located between S Gulf View Boulevard and Bayway Boulevard approximately 250 feet E of the intersection of these two streets, Lots 2, 3, 4, 24, 25 and the east 100 feet of Lot 1, Blk B, Bayside Sub. No. 5, Sec. 8-29-15. The developer is proposing to redevelop a miniature golf course site. The new golf course will consist of raised "mountains" with a Spanish frigate structure in a lagoon, a three-level clubhouse, and other accessory structures. The expanded outdoor commercial recreation/entertainment use will require conditional use approval by the Planning & Zoning Board. The development is proposed in two phases, the second phase of which will include two additional levels of parking constructed over the Phase 1 parking lot with roof-top putting greens. There will be two points of access, one off each abutting street. A concern was expressed regarding the second floor of the parking lot having proper landscaping. Verbal Reports. The City Manager reported that the settlement with the EPA regarding the advanced wastewater treatment plants may be back for signatures by Thursday night. He reported that installation of additional signs on Clearwater Pass Bridge is being accomplished today. The City Manager reviewed a request that would use the $5,000 that was to go to Jazz Holiday for repairs and improvements to the electrical and water systems in Coachman Park. Questions were raised regarding this and concerns were expressed that it wasn't until the monies were available that the request was made. The City Manager indicated that it had been brought up; however, it was not requested to be placed in the budget. The City Manager reported that, in the case of DeSantis vs. the City, the plaintiffs are requesting permission to talk to the City Commission. It was stated that the Second District Court of Appeal has ordered that the case be heard by the Civil Service Board with Mr. Carwise being temporarily replaced. The recommendation is to continue through this process. The need for a closed meeting regarding labor negotiations was reported and it was the consensus of the Commission to look at their calendars and set a meeting for this. A letter has been received from GTE requesting reconsideration of the zoning and land use plan applications for property on Island Estates proposed to be developed as a proposed switching station. The requested rezoning and land use plan amendments were denied by the Commission. Discussion ensued regarding the need for General Telephone to respond to some questions of the Commission and to thoroughly investigate the possibility of other sites. It was the consensus to list consideration of reconsidering the item on the agenda. A request from Shirley Carlson of the Rainbow of Love Thrift Shop for funding was discussed and it was stated, while this is a worthy case, it was not budgeted; and if the City were to reconsider funding, it would have to be reconsidered for everyone. Direction was given to the City Manager to report to Mrs. Carlson that there is no funding available. Other Commission Action. Commissioner Regulski requested that the traffic light at the foot of Cleveland Street where it intersects with Pierce and Drew Streets be discussed at the next work session. His concern is that Cleveland Street is favored and there is a need to encourage using the bypasses. Commissioner Winner expressed concern regarding the continued loud playing of stereos in beach parking lots. He requested that a suggestion that the Gulf View lot be leased out be considered. The City Attorney reported that the request for oral arguments in the noise ordinance case has been withdrawn and that a decision should be reached soon. The meeting adjourned at 3:06 P.M.