Loading...
02/27/1989 CITY COMMISSION WORK SESSION February 27, 1989 The City Commission of the City of Clearwater met at City Hall, at 9:39 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: Charles Hunsicker Assistant 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. Accounting for Final Judgment on Sand Key Lawsuit The Annual Financial Report for the fiscal year ending 9/30/88 has been completed and is currently being audited. Based on current generally accepted accounting principles, the final judgment in the Mills Development Group et al v. the City lawsuit must be recorded as a liability as of September 30, 1988. Under the terms of that final judgment and the Appellate Court decision, the City is liable for $801,000 plus accrued interest at the rate of 12% per annum from the date of the final judgment. Furthermore, the City is liable for court costs currently estimated at approximately $100,000. Staff recommends that payment from the general fund surplus be approved by the City Commission. The total cost of approximately $1 million will be reflected as a general fund liability at September 30, 1988 and recorded in the general long term debt group of accounts. The City Attorney reported this is a bookkeeping problem that must be addressed. In response to a question the Director of Administrative Services indicated the reserves will cover those claims of which the City is currently aware. CO #1 to the Fuel Dispensing System, City Marina (87-37) The installation of the new fuel tanks at the Marina was mandated by the Florida Department of Environmental Regulation (DER). In the course of the construction, Florida Power conduit not previously discovered had to be relocated at a cost of $2,769. An additional requirement by the DER during the course of the construction now requires nine fiberglass containment pans under the fuel dispensers at a total cost of $3,015.00. To enable completion of the contract and to comply with the additional regulations, it is recommended the Change Order increasing the contract by $5,784 be approved. In response to a question, it was indicated we are expecting to receive the permit for the additional dock in March and it will then take three to six weeks to construct. Purchase of Replacement Computer Equipment, Water Division As part of the reorganization of the Public Works Department, the Water Division has merged with the Public Service Division to form the new infrastructure group. The two divisions will move to a joint complex by December of 1989. In the interim, the computer system of the divisions are incompatible. It is desirable to replace the computer system in the Water Division with the system used by Public Service in order to share software and develop joint programs. The requested equipment would also allow the Water Division to input payroll information through the link with Public Service computers. The existing system will be transferred to the Utilities Division. Surface Treatment of Skyline Groves Subdivision The maintenance of the Skyline Subdivision streets is a joint responsibility between the City and Pinellas County. The County portion of the streets is scheduled to be paved in March, and it would be most efficient if the City's portion could be paved at the same time. Approximately 4,000 linear feet of City streets need to be resurfaced. This will be done by the County's contractor through a separate contract using County bid prices. The County bid prices are approximately ten cents less per ton which will result in a small savings over the prices bid for the City contract. Payment will be made for actual quantities laid. The cost estimate is $19,939.50. Questions were raised regarding the location of Skyline Groves and whether or not the City reviewed the County bids. It was indicated the subdivision is north of Sunset Point Road near Top of the World, and that asphalt prices are down at this time. A question was raised regarding whether or not anything had been heard regarding the possibility of the City taking over any of the County roads and vice versa. The Public Works Director indicated the Functional Classification Plan would be out soon and some of the classifications could change. The City could inherit more responsibilities. He emphasized Clearwater does not assess for resurfacing. Agreement for the Collection of Recyclable Solid Waste Materials The State of Florida recently passed a bill which requires a reduction in the municipal waste stream by at least 30% by 1994. While Pinellas County is statutorily mandated to ensure compliance, the City has entered into an agreement with the County to reduce its waste stream by 30% in exchange for receipt of approximately $223,000 of State Grant funds to encourage public recycling. Clearwater has an experimental newspaper recycling program which was developed with Recycling and Recovery Systems Incorporated without a contract. We now wish to expand the program to include glass, aluminum, plastic and to bind the program by contractual agreement. This agreement will enhance the Sanitation Division's ability to achieve 30% reduction in solid waste. This contract will allow for the development of a curbside source separation program. In addition, this agreement will provide a base for the collection of glass containers from local restaurants and lounges. In response to questions, Wayman Pearson, Sanitation Superintendent, explained that employees are going door to door with information regarding the program with the simple concept of the items being placed in plastic or paper bags for recycling. It was indicated the City has a unique system in that this is no cost to the citizens and the funds generated by the recycling go to the Senior Center. Questions were raised regarding unsightliness and whether or not the City should develop three bin containers. It was indicated that currently the City wants to do this as cheaply as possible. It was emphasized that the collection agency is staying on schedule and will pick up on inclement days. Assistant City Manager Hunsicker reported the City has received $200,000 (for publicity) from a grant. In response to a question regarding whether or not this was a one time grant, the Sanitation Superintendent indicated it runs through 1994. Biomonitoring Tests National Pollutant Elimination Discharge permits issued by the United States Environmental Protection Agency (EPA) for the Marshal Street and Clearwater East plants mandate monthly and bi-monthly biomonitoring tests which the City is already several months late in initiating. The possibility of in-house testing was investigated and found to be impractical and, therefore, bids were solicited. Mote Marine was the lowest bid demonstrating State certification for bio assay work and a state approved quality assurance plan. Although Biomonitoring Services quoted the same price, Mote Marine Laboratory was chosen due to their greater accessibility for shipment of samples. The Commission should be aware that failure of the results of these tests to meet EPA or Florida DER permit criteria will result in the City having to repeat these tests and/or run more expensive tests not covered in this bid amount. Furthermore, in the event of such occurrences, it is not anticipated that compliance time schedules will allow the delays of readvertising for bids. Therefore, there is a strong possibility that amendments to this purchase order or emergency authorization for additional funding will be necessary. Informal estimates from labs that have been involved with other Florida cities indicate a likelihood of a total expenditure of $20,000 per year per plant. Community Relations Board - Appointment It was requested that James L. Jones name be removed from the list as he has already been appointed, and that Richard A. Fitzgerald be removed as he is a candidate for the City Commission. Other Commission Action Commissioner Nunamaker stated he is requesting the City look into the proliferation of "sensual activities" in bars. He stated an ordinance passed in Oldsmar on the 7th of March honed in on alcoholic beverage aspects and has been functioning. The City Attorney indicated the Oldsmar ordinance focuses in on specific behavior and there is a body of case law for guidance. In response to a question, he indicated by tying it to the alcoholic beverage it does give it more stability and enforcement. Mayor Garvey stated at the past work session a question was raised regarding whether or not the City could regulate assault weapons, and it was determined the City has no authority to do so. It was requested a strong letter be sent to the State requesting legislation to regulate assault weapons. Receipt and Referral - Land Use Plan amendment to Residential/Office and OL (Limited Office) for property located at the SE corner of the intersection of N. Myrtle Ave. and Marshal St. (LUP 89-2, Z 89-2) The property owner is making the request to permit the conversion of the existing residence on lot 5 to a medical office, with lots 6 & 7 to be developed with parking. Concerns were expressed that this would be spot zoning and it was requested to see if a zoning of neighborhood commercial would fit the need. A request was made that staff review all the zoning along Drew St. north and along Ft. Harrison Ave. Amendment to the Land Development Code, Section 136.022 Parking Standards relating to alcoholic beverage sales (LDCA 89-01) Under the current alcoholic beverage ordinance, an alcoholic beverage licensed facility may be located not less than 100 feet from a residential zone if that portion of the building within 200 feet of the residential zone contains no door or window, no external building or service equipment, and if parking is provided at a rate of one space per two persons allowed to occupy the premises. This extra parking standard only applies to those facilities meeting these requirements; however, parking requirements have nothing to do with the distance from a church, school or residential zone. The proposed ordinance establishes a general parking requirement for any new 1-COP, 2-COP or 4-COP establishment and would be applicable irrespective of the separation distance. The requirement of one space per 40 sq. ft. of gross floor area is approximately equal to the requirement of one space per two persons based on occupancy and provides a method of calculation which can be used early in the process of review when exact building and/or construction plans are unavailable and exact occupancy cannot be determined. The Traffic Engineer monitored establishments of this type and developed this standard after consulting with the Fire Marshal. Land Development Code amendment to Section 136.022(k), Parking Standards to require handicapped spaces to be outlined in blue paint (LDCA 88-8) On July 6, 1988, the Governor signed in the law an amendment to Section 316.1956 Florida Statutes requiring all handicapped parking spaces to be conspicuously outlined in blue paint. This law took effect October 1, 1988. It is necessary that Section 136.022 (k) of the Land Development Code be amended to be consistent with this new state regulation. A question was raised at the Planning and Zoning Board meeting whether or not this applied to all existing and new, and both publicly and privately owned, lots. The recommendation was that, if it did not, the ordinance be written to have these requirements. Discussion ensued regarding whether or not the ordinance should apply to new and existing and publicly and privately owned spaces. The City Attorney reported the State law applies only to private lots and new spaces. He stated if the spaces are not properly marked, violation of the handicapped parking spaces cannot be enforced. A request was made that the Legislature be requested to clarify the law. Amendments to the Land Development Code to provide for child day care in the OG (general office) zoning district (LDCA 88-9) A request was made by the owner of the Arbor Shoreline Office Development to process a request to permit a child day care facility in that complex which would serve more than the employees of the office development. For such a facility to exist, provision must be made in the Code as requested before a permit can be issued. In response to a question as to why day care was not being considered in a CG (general commercial) zone, the Planning Director indicated there was some concern that there were activities allowed in commercial areas that are not appropriate for child day care centers. Amendment to the Land Development Code pertaining to subdivision regulations and requirements for site plans (LDCA 88-10) The proposed ordinance was drafted to address problems that have come to several operating departments attention in the implementation of the subdivision regulations and to clarify and make minor revisions to those regulations and the requirements for information provided on site plans submitted to the City. The major items addressed in the ordinance include the allowability of issuing building permits on property required to be platted, clarification of proper personnel responsible for recording plats and approving subdivision improvement construction plans, financial guarantees for subdivision improvements, consideration of proper provision for streets as a criteria for site plan review and citing of dumpster locations as a requirement of preliminary site plans. The Planning and Zoning Board in recommending approval of this ordinance requested the Commission consider an ordinance to prevent burning of debris on construction sites. In response to a question regarding burning on sites, it was reported this sort of thing cannot be done without a permit and that permits are not issued unless absolutely necessary. Amendment to the Land Development Code to permit business service uses in the General Office zoning district (LDCA 88-11) A request has been received from the owners of Arbor Shoreline Office Development to consider an amendment to the Code which would permit them to lease space within the development to a radio broadcasting facility. Discussion ensued regarding whether or not the business services category should be more narrowly defined for this application. Concerns were expressed that allowing all business services as conditional uses in the OG zone would be opening the door too wide. Amendment to the Land Development Code to provide for payment in lieu of the installation of stormwater detention facilities (LDCA 88-12) The proposed ordinance amends Code Section 137.010 to incorporate the concept of payment in lieu of providing detention and allows the City Engineer to exercise judgment of practicality and effectiveness in determining when it is appropriate to accept payment in lieu of providing on site detention. Monies collected in this manner shall be used solely for drainage improvements in the drainage basin in which the property is located. It was stated this is making practices adopted under Resolution 80-113 part of the City Code. Land Development Code amendment to provide package sales of alcoholic beverages within certain retail food stores in CR-24 and CR-28 zoning districts (LDCA 89-02) A request for consideration of this amendment began when the owner of a deli located on Clearwater Beach desired to sell beer and wine from the store. The owner filed application for a conditional use and it was later discovered this use is not allowed in the CR-24 and CR-28 zoning districts. Staff's recommendation is to deny this amendment as the reason for establishing the requirement was to be able to guide development on the beach. The Planning Director reported that at the Pinellas Planning Council (PPC) held this afternoon, they decided to have a special meeting to consider amendments. She stated the PPC interim staff has advised the City they will recommend that the Council not take action if local governments have not taken final action regarding the requested amendments. Commissioner Winner, Chairman of the PPC, stated there should be a number of changes in PPC rules and regulations; however, they are waiting for the appointment of an executive director. The meeting adjourned at 11:32 a.m.