Loading...
12/12/1988 CITY COMMISSION WORK SESSION December 12, 1988 The City Commission of the City of Clearwater met at City Hall on December 12, 1988, at 1:05 P.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 Three service pins were awarded. The Mayor called the meeting to order and the following items were discussed. Community Redevelopment Agency (CRA). (1) Development Proposals to Construct Housing on Bilgore Tract. Proposals have been received from Arlington Capital Corporation and H & G Structures for development of residential units on the property known as the Bilgore Tract. Discussion ensued regarding the advantages and disadvantages of the proposals and it was Commission consensus that each company give a brief presentation at Thursday night's meeting. In response to a question, it was indicated the City purchased the land for $690,000. (2) Request for Extension of Lease by Bilgore Groves. The company called Bilgore Groves presently leases the Bilgore property. They are requesting an extension of the lease through May. It was stated that extending the lease would depend on the CRA's actions regarding the development proposal. Appointment of Ex-Officio Member to the CRA. It was requested that a Downtown Development Board (DDB) recommendation be received for the ex-officio member. Ed Armstrong, who was an ex-officio member, is no longer a member of the DDB. Closure of Tanglewood Drive at McMullen-Booth Road in Oak Creek Subdivision. A question was raised regarding whether or not this intersection was within the City's jurisdiction. It was reported that this intersection is in the County's jurisdiction and, therefore, the City can take no action. First Reading Ord. 4738-88 - The Oaks of Clearwater, Inc. Private Activity Bonds. The City Attorney reported he had just received a package of information this morning and discussion ensued regarding whether or not enough information was available for the Commission to make a decision. It was reported that a change in the ordinance now has the rate of interest being fixed rather than variable. Dan Livermore, bond counsel, stated the original plan was for a variable rate loan from the Gulf Breeze Municipal Loan Pool; however, it was discovered that this rate could have varied above the rate of the GNMA Certificate. The participation of a Japanese bank is no longer needed and these two items have been removed from the ordinance. Questions were raised regarding what benefits would accrue to the citizens of Clearwater and why the City should be involved. It was indicated that the difference in interest rates would result in $1 to $3 million savings per year. In response to a question, it was indicated that the residents of the two facilities are in favor of the proposal. A resident of the facility spoke in favor of the proposal. Steve Muse, president of The Oaks of Clearwater, stated that information has been provided to the City. He stated difficulties for the properties are that people who bought contracts twelve to thirteen years ago purchased lifetime contracts which guaranteed no increase in rents and, therefore, there are no funds to maintain the facility. He stated with this proposal all promises will be honored plus there will be $4 million of improvements to the facility. Paul Raymond, attorney for The Oaks of Clearwater, stated the Florida Department of Insurance has reviewed the proposal and is in favor of the program. He stated it is important that the properties not go into receivership and the state encourages Clearwater to approve the plan. Concerns were expressed that there is conflicting information provided and the value of the property is being inflated. A request was made for information regarding how this proposal will benefit the residents of the two facilities. Information was also requested regarding the principals of The Oaks of Clearwater. The City Attorney was requested to provide an opinion regarding whether or not this violates the Charter limitation on revenue bonds. The City Attorney reported a special meeting has been requested for the last week in December in order to adopt this ordinance should it pass at Thursday night's meeting. Consensus was to schedule a special meeting for December 29th. Second Reading Ords. 4728-88 and 4729-89 - Providing for Permanent Financing for the Purchases of the Vogel Property and Cooper's Point. The tract known as the Vogel property and Cooper's Point were purchased using the undesignated fund balance until such time as permanent financing could be arranged. The City is now proposing to finance these two purchases through loans from the Gulf Breeze Municipal Loan Pool. During discussion at first reading, a question has been raised regarding the ability to prepay the loans and the Finance Director reported that there is only a one percent differential and prepayment would not be detrimental. Termination of Marina Service Station Lease Agreement located at 49 Causeway Boulevard and Authorization of a Temporary Lease Agreement with McMullen Fuel Company. Notice of default was issued to Mr. Charles D. Davy and Gerald R. Hunt, current Lessees of the City-owned service station for failure to make rental payment for the month of November 1988. Also in accordance with Mrs. Davy's request, it is staff's recommendation this lease be terminated. The City is now proposing to enter into an interim lease agreement with D. Guy McMullen Properties, Inc. to operate the station while the City advertises for bids. It was indicated that there has been no gas service at the station since November 21st, and discussion ensued regarding what type of facility should be here. It was indicated that citizens of the beach want a service garage. Bill Held, Harbormaster, indicated the Commission will need to decide what type of facility they want at this location. He stated approval of the interim lease agreement with McMullen will allow the station to return to operation. 1988 Storm Gunite Repairs due to Tropical Storm Keith - Pressure Concrete Construction Company - $54,175.34. Tropical Storm Keith caused damage to several corrugated metal storm sewer systems which require immediate repair. The five most needed repairs were chosen for a "fast track" solicitation of bids. For stormwater capacity and economic reasons, the gunite repair method has been selected. This construction method creates a reinforced concrete pipe within the existing corrugated sewers and does not require conventional excavation and replacement. The five locations are: (1) outfall pipe of Montclair Lake to Union Street, just west of Keene Road; (2) Stevenson's Creek roadway crossings at Belleview; (3) Stevenson's Creek roadway crossings at St. Thomas Drive; (4) the interconnector/outfall pipes to retention ponds in Florida Power Corporation right-of-way Burnice Drive in Tropic Hills Subdivision; and (5) Allen's Creek roadway crossing at Magnolia Drive. The bids are to be opened Tuesday with information provided to the Commission regarding the bids prior to Thursday night's meeting. If there are any irregularities in the bids, the item will be pulled. Annual 1988 Subdrain Contract Phase I (87-28) - Suncoast Excavating, Inc., Tampa - $138,750. This contract is needed for the annual effort to replace old subdrain and construct new subdrain in various locations in the City. The following locations are included in this project: (1) Habersham Drive from Clairborne to Williams; (2) Clairborne Drive from Habersham to Williams; (3) Harn Boulevard from 270 feet west of Moreland to Summerlin; (4) Moreland Drive from Dickerson to Harn; (5) Dickerson Drive from Moreland to Harn; (6) Summerlin Drive from Dickerson to Harn; (7) Woodley Road from Burnice to north 210 feet; (8) storm replacement from Tuscola Road to Barry on Tuscola Road East. In response to questions, it was indicated that most of these subdrains were put in by the developer, and it was stated that this is priority neighborhood. Acquisition of ROW for Improving Greenwood Avenue/Court Street Intersection - Chestwood Partnership - $40,028. It has been determined that the purchase of a 20-foot by 200.14-foot strip is desirable in order to make improvements to the subject intersection. The land will provide space for left-turn lanes. Chestwood Partnership has agreed to sell the required land to the City for $10/square foot. The price is based on the purchase price paid by the Chestwood Partnership in the purchase of a larger tract which included the desired 20-foot strip. Staff considers this prices to be fair market value based on the 1986 purchase price, and further recommends that an appraisal not be required since the purchase price is under $100,000. A question was raised regarding an appraisal not being required, and the City Attorney responded that it was state law that an appraisal is not needed for purchases under $100,000. It was indicated that the City will need to purchase another corner in order to finish the improvement at this intersection. Commissioner Winner stated for the record that the City is doing what it can to improve the drainage in the Stevenson's Creek Basin. A question was raised regarding reports that people are dumping grass clippings along the bank of the creek and reports that City staff has done this. The City Manager reported they had checked reports regarding City staff dumping grass clippings and this has not been the case. Discussion - Pinellas County Recycling Plan Implementation. The state legislature has passed a bill that requires local governments to reduce their garbage stream by 30 percent by 1994. The program must be implemented by July 1989. Cecil Henderson, Utilities Director, stated the City is represented on the Technical Management Committee for the County and that Wayman Pearson, Sanitation Supervisor, is on the recycling committee. Plans began on the recycling program over a year ago. Wayman Pearson indicated that state legislation allows the City to put together its own plan or it can do it in conjunction with the County. Staff is recommending that it be done in conjunction with the County, as should the City apply for grants without the cooperative effort, they would be required to provide matching funds. The City Attorney raised a question regarding a non-compliance surcharge which is included in the ordinance and the Sanitation Supervisor indicated this would be discussed at a committee meeting on December 14th. He also indicated the City is conducting a study for composting of yard trash. Commissioner Berfield complimented Mr. Pearson regarding the sanitation program. The meeting recessed from 3:05 P.M. to 3:12 P.M. Initiative Ordinance regarding Billboards Along Gulf-to-Bay Boulevard. A citizens' group called "Citizens for a Better Clearwater" has proposed an ordinance to the Commission in accordance with the initiative procedures provided for in the Charter. The ordinance, if adopted, would remove the special protection for billboards on Gulf-to-Bay Boulevard from Highland East to Courtney Campbell Causeway. Consensus of the Commission was to place this on the agenda for Thursday night. Charter Review Committee Recommendations. The Commission appointed a Charter Review Committee to review the Charter and make recommendations regarding needed amendments. Patricia Muscarella, Chairman of the Committee, reviewed the proposed changes with the Commission. The Commission expressed concern regarding a recommendation that reimbursement for travel expenses be approved by the majority of the Commission and it was Commission consensus to leave that language as is. Discussion ensued regarding the Committee's recommendation to raise the purchasing limitation from $7,500 to $10,000, and it was indicated this recommendation is being made due to inflation and that by increasing this staff time and paper work would be saved. Commission requested additional information regarding this change. The Committee has made a recommendation regarding increasing the lease time frame limitation from fifteen (15) years to thirty (30) years prior to a referendum being required. The City Attorney indicated that he had requested this amendment as there have been two examples, the PACT and Center Foundation leases; wherein, the leases were written in such a way that they were actually thirty (30) leases. Discussion ensued regarding the need for this change, and consensus of the Commission was to leave the language as is with a triggering mechanism for leases longer than fifteen (15) years. Concerns were raised regarding the Committee's recommendation to increase the residency requirement from one (1) year to two (2) years, and the City Attorney indicated that this may not hold up in court. Consensus was to leave the one (1) year residency requirement. The City Attorney also stated that there is no reference in the Charter regarding when the Commissioners' terms begin and he may be proposing a fixed date. A question was raised regarding the provision that the majority of a quorum could approve an item, and it was the consensus of the Commission that three (3) affirmative votes should be required for a vote to be binding. In response to a question regarding the Committee's recommendation regarding removal of the City Attorney requiring only a majority vote and why that would not apply to the City Manager, the City Attorney responded there is a difference in the jobs and that the removal procedures should be different. A request was made that the term "restrict" in Article V, regarding Planning & Zoning, be changed to "regulate." Discussion ensued regarding changes to Article IX, Fiscal Management, and concerns were raised regarding the Committee's recommendation that the revenue bond limitation be increased. It was stated that the Committee felt the Commission should consider a question that would remove the restriction altogether. Concerns were expressed regarding the need for this limitation and no consensus was reached. It was the consensus to remove the phrase "not more than one-half" in reference to the Commission being able to provide right-of-way when needed from properties zoned open space recreation, and also to remove the phrase "within three (3) months" in Section 2.01(c)(2) regarding need to adopt a fiscal management ordinance. The Committee Chairman reported that there was some discussion regarding the name "Commission" rather than "Council", and while it was stated we do have a Council form of government, it was not felt that the name of our governing body should be changed from "Commission" to "Council." Countywide Library Cooperative - Discussion of Proposal and Providing Direction to Staff Regarding Membership. Linda Mielke, Library Director, indicated some changes have been made to the proposed plan but none are to Clearwater's advantage. She stated there are no minimum standards provided and the governing body has not been fully decided. Discussion ensued regarding what advantage there would be for the City to join the Cooperative, and it was stated that the proposed plan would not cover the City of Clearwater's investment in its current library system. It was stated that the referendum to be held regarding whether or not citizens wish to be taxed for the Cooperative system will only be held in the unincorporated areas of the County. Dora Harrison of the County Administrator's office, explained the proposal for the Board of Governors. It would be a seven (7) member board appointed by the County Commission. The County would appoint the first three (3) to draw up the bylaws and the bylaws would then establish how subsequent board appointments would be made. Discussion returned to whether or not the City should participate, and it was stated there are too many questions right now. The City favors a countywide system but not the proposal being presented. It was the consensus of the Commission that the Library Director put together criteria for reasonable standards that, if met, the City of Clearwater would participate. The meeting recessed from 4:50 P.M. to 5:00 P.M. James Gray Settlement. Staff has been negotiating with the attorneys of property owners on the beach to settle what is commonly called the "Gray Case" in which ownership of the beach has been in contention. Paula Harvey, Planning Director, stated the parties have agreed not to decide the question of ownership but rather reach a settlement which addresses use of the land. She stated there is approximately 300 feet of beach in question and the settlement proposes the half closest to the water will be the primary management responsibility of the City. The upland property owners would not use it for concessions. The other half would be available to the upland owners but they would not limit the general public's access to it. She stated there would be a transfer of units from the entire beach area. The City has conceded to allow the existing backout parking to continue and the other parties have agreed to meet Federal Emergency Management Association (FEMA) regulations for construction. The City would not object to a variance request for construction seaward of the Coastal Construction Control Line and, if there was a casualty loss before redevelopment of the property, there would the ability to build back in the same footprint that exists today. She stated there is a fifteen (15) year limitation on the time in which redevelopment can take place under the terms of this agreement. She stated the state is scheduled to re-examine the Coastal Construction Control Line within the next year. The City Attorney reported in the settlement of the lawsuit the City eliminates the risk of doing worse and that we are agreeing to uses on the land. The other party will be giving up any claim of damages, which could be significant. Discussion ensued regarding the terms of the agreement and some concerns were expressed that it goes beyond the original issue of ownership on which the case was begun. Commissioner Regulski proposed an alternative and stated that ownership should be established with half of the beach going to the upland property owners and half of the beach to the City, that the transfer of density would only be allowed from the 150-foot area owned by the upland property owners. They should then be allowed to develop within the confines of the Land Development Code. Concerns were expressed regarding the possibility of this litigation continuing and the City losing rights to any of the beach. It was also questioned whether or not the parties had already discussed the proposals made by Commissioner Regulski. It was the consensus of the Commission for staff to meet with the other parties or to review Commissioner Regulski's proposal to see if there were any issues that had not already been discussed and for the settlement to be discussed at Thursday night's meeting. Dunedin Pass Project. Pinellas County has requested the City of Clearwater consider funding a portion of the cost of the proposed water sampling of Clearwater Harbor. The sampling is going to be done to provide information regarding water quality of the Harbor and how it has been affected by the closing of Dunedin Pass. This information will be used in the administrative hearing that will be held for the County's appeal to the denial of a permit for the dredging of the Pass. The request is that the City fund 14 percent of the cost. Variance to the Minimum Separation Distance Requirement for Alcoholic Beverage Sales at Pattemore's Night Club, located at 2516 Gulf-to-Bay Boulevard, Lot 2, Studebaker's Sub., Sec. 18-29-16, AB 88-22. Pattemore's Night Club is proposing an addition on the front of the existing building. The owners are requesting a conditional use approval from the Planning & Zoning Board and this will require a variance to the minimum separation distance requirement of 250 feet from a church. The Greek Orthodox Church of the Holy Trinity is 227 feet on the property line. The Planning & Zoning Board approved a conditional use November 15, 1988, and on November 17, 1988, the Commission denied the variance request for this proposal. The applicant has amended the application to provide for an enclosed expansion rather than an open deck. Preliminary Subdivision Plat for the Replat of Lots 23, 24, and 25, Unit 5A, Island Estates and Related Site Plan located at the NW corner of Larboard Way and Dolphin Point (0.58 acre), (Lark Investments NV/GTE Switching Station) SUB 88-7. The City Manager reported he has received a letter withdrawing the request for rezoning and land use plan amendments and various variance requests and the site plan is no longer needed. Consensus was to pull the item from the agenda. Preliminary Site Plan for Baugesell's Brightwater Condominiums located on the S side of Brightwater Drive, E of Hamden Drive, Lots 14, 15, and 16, Bayside Sub. No. 2, Sec. 8-29-15 (Marcel Goedert/Neuhaus, Baugesell M.B.H. Corp.) PSP 88-60. The property is undeveloped and the proposal is to construct a twelve (12) unit, four (4) story structure with parking on the ground floor level. There will be two points of access to Brightwater Drive. In response to a question regarding why there were two accesses, the Planning Director indicated this would allow a better flow of traffic. Discussion re Alcoholic Beverage Sales in CR-24 and CR-28 Zoning Districts. A request has been made that the Commission reconsider the restrictions placed on alcoholic beverage sales in CR-24 and CR-28 zones which requires that these services only be allowed in conjunction with a hotel or restaurant. An application had been filed by the owner of a convenience/deli operation, and it was discovered, due to this limitation, the application should not have been accepted. Concerns were expressed regarding readdressing this restriction. It was stated that the restriction was established in order to set a direction for redevelopment in these zones. Part of staff's suggestion was to allow these in small establishments with restrictions on the hours of operation. It was the consensus of the Commission for staff to proceed. Organizational Changes - Phase II. Phase I of the City Manager's proposed reorganization was approved in the budget process. Phase II includes the establishment of a Department of Administrative Services, a Department of General Services, and a consolidation of the Public Works, Traffic Engineering, and Utilities Departments into one Public Works Department. It was stated that Betty Deptula, Budget Director, will be the Director of Administrative Services which will include the functions of Finance, Budget, Risk Management, Purchasing, and Data Processing. The General Services Department headed by Floyd Carter will oversee Fleet Maintenance, the Radio Shop, Refurbishment Shop, Building and Maintenance, Energy, and Custodial Services. In response to a question, it was indicated that the General Services Department would be located in the new garage facility, and it was the consensus of the Commission to approve the City Manager's proposal. Concerns were expressed regarding notification of the hiring freeze being misunderstood, and it was stated that this is a selective hiring freeze which will call for the review of vacancies prior to authorizing hiring an individual. The Mayor expressed that she took exception to an article quoting her as condemning some of the City Manager's actions. She stated that those were not her words. Legislative Proposal. The City Manager indicated there are not many local bills; however, we need to forward a request that will place the replacement of the Clearwater Pass Bridge in the Florida Department of Transportation's budget and also a request for support of the Sand Key Beach Renourishment Project. Commission consensus was to approve the City Manager's legislative program. The City Attorney reported the Civil Service Board will be holding a hearing regarding the DeSantis case, and it is recommended that outside legal counsel be provided for the Board. The Board would pick the attorney. Consensus of the Commission was to authorize an outside attorney. The City Manager reported the Florida League of Cities Legislative Convention will be held February 2-3, 1989, and questioned whether or not the Commissioners wish to attend. The Planning Director reported the Tampa Bay Regional Planning Council had approved the D.R.I. for the Sheraton Sand Key. Consensus was to set the special meeting on December 29th for 6:30 p.m. The meeting adjourned at 6:59 P.M.