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05/15/1989 CITY COMMISSION WORK SESSION May 15, 1989 The City Commission of the City of Clearwater met at City Hall, with the following members present: Rita Garvey Mayor/Commissioner Don Winner Vice-Mayor/Commissioner Lee Regulski Commissioner William Nunamaker Commissioner Richard Fitzgerald Commisssioner 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 at 9:29 a.m. and the following items were discussed. Roy Sattinger, of the Public Works Department, was presented the May Employee of the Month Award. Mills development Status - Zala Forizs. Mr. Forizs indicated the courts have ruled the City is liable for interest for the period of nonpayment of the award in the Mills development settlement. The only issue remaining is whether or not the City wishes to appeal. It was stated it was understood that the City would be subject to the interest and it was felt it would be a losing cause to appeal this decision. In response to questions regarding from where the $200,000 would come, the City Manager indicated this would come from the City's surplus fund. Mr. Forizs explained that under the order the City would deposit the money in the Court Register and the court would decide the distribution of the award to the parties involved. Consensus of the Commission was to go ahead and deposit the money and close this case. City Service Station on the Beach. Currently, the City-owned service station on the beach is being operated on a month-to-month interim agreement between the City and D. Guy McMullen Fuel Company. Staff is requesting direction from the Commission regarding what options to include in the lease to be advertised for bid. The fuel tanks at the Marina must be replaced by December 31, 1989. This task can either be accomplished by the City at its own expense or written into the lease agreement. Staff recommends that it be incorporated into the lease. The lessee would provide underground fuel tank insurance, in addition to all other insurance requirements. Maintaining a full-service station with a mini-mart capability seems most desirable to the local community. Staff believes that one of the three service bays could be remodeled to allow a mini-mart center while still providing for the needs of motorists for mechanical work. The question has also been raised whether the mini-mart should be allowed to make package sales of beer and wine. Staff recommendations include: that the term of the lease be for 15 years as there will be significant expenditures required by the lessee and that the total fee from the lessee be based on rental payments of $1000 per month for the first five years, $1250 for the second five years and $1500 per month for the last five years; that it included gallonage fee which will be proposed by the bidders in their sealed bid packages and a gross percentage of income, also to be included in the bid packages. Staff recommends that the lessee may, at their expense, convert one service bay into a mini-mart with the approval of the Harbormaster and possession of all proper City/County permits. Direction was requested from the Commission regarding the availability of package sales of beer and wine. In response to a question, it was indicated that the tanks are located to the east of the building and that the proposal to lease for 15 years is due to the lessee being requested to remove the tanks and to rehabilitate the building. Discussion ensued regarding the need for a gas station and/or convenience store and it was stated that several people have indicated an interest in such an operation. In response to a question regarding demolishing the current building and rebuilding just a convenience store, it was indicated that the operators would not do this without the availability of the package sales. It was also indicated there would be a parking problem. Discussion ensued regarding the options available to the Commission. Consensus of the Commission was for the bid to be let requesting the lease with a minimum of five years and a maximum of 15 years, with an option for a mini-mart in no more than one service bay, that there be no alcoholic beverage sales if a mini-mart is installed and that there be options to the lessee regarding removal of the tanks and remodeling of the building. Conversion of the City's present telephone system from the in-house switch G>T>D>1000 to a G.T.E. Central office based PBX (Centranet). The City's present telephone switching system was placed into operation on October 1, 1979. At that time, the line capacity was 500 lines. It has had one addition to increase the capacity to 600 lines. The addition of new facilities and the growing needs for telecommunication service has exhausted these additional lines. GTE is offering a new service called Centranet. This will eliminate the need for a PBX at the customer's premise. Use of the central office switching equipment will provide internal communications, as well as external communications to the public network. Centranet will provide unlimited growth capacity, automatic upgrades to new technologies, no charge for redundancy and battery backup, 24-hour on-site technicians in the central office and no need to replace our existing telephone instruments. The monthly cost under Centranet will be $13,704.46, a per-month savings of $3,576.09. The installation cost of $34,492.18 will be recovered in less than 10 months. In response to questions, it was indicated there were no disadvantages that the City was aware of in converting to this system and it was reemphasized that the City is just about out of lines for expansion. The City Manager announced that he would not be in town Wednesday through Friday and that Michael Wright would be Acting City Manager. Commissioner Regulski reported he would be absent for Thursday night's meeting. Contract for Restoration of East Pollution Control Facility, South Interceptor, Phase I Contract (89-11) to Insituform Southeast, Inc., of Tampa, at a cost of $1,644,065. The purpose of this contract is the Phase I rehabilitation of the 30-inch diameter portion of the East Pollution Control Facility South Interceptor from Belcher Road to Tampa Bay. The interceptor is a reinforced concrete main which is approximately 28-years-old and is in need of repair. The restoration method chosen is the insituform process which relines the existing pipe by forming an epoxy impregnated polymaterial liner, which is heat-cured within the existing pipe. This process restores lost structural strength, while providing a jointless pipe from manhole to manhole and retains or improves hydraulic capacity. The restoration alternatives of conventional replacement and sliplining were rejected in this particular pipe section due to excessive cost and unacceptable hydraulic capacity reduction. Other work included in this contract is the rehabilitation of the manholes along the 30-inch portion of the main, the rehabilitation of seven sanitary manholes on Island Estates and the lining of a short section of 18-inch sanitary line on Oak Creek Drive North. In response to questions, Bill Baker, Public Works Director, indicated there had been no problems with the use of insituform and that with this process, you only lose 1 to 1 1/2% of the capacity whereas with sliplining, you can lose from 20 to 40% of the capacity. He also indicated that we write a one-year guarantee into the contract. Commissioner Regulski left the meeting at 10:10 a.m. Bardenpho Process License Agreement with the Eimco Process Equipment Co., for the Marshall Street Pollution Control Facility, Advanced Waste Treatment Project, no additional funds necessary. The City Commission has previously approved the award of the Marshall Street Advanced Waste Treatment contract to SCE, Inc. in the amount of $16,699,000. That contract included an amount of $366,000 paid by the contractor to Eimco Process Equipment Company as the franchise fee for use of the patented Bardenpho sewage treatment process. The proposed agreement provides for a paid-up perpetual sublease for the right to use the Bardenpho process, hold harmless provisions by the Eimco Company, on-site process instruction, operator training and specific operation manuals. This agreement must be executed by the City prior to payment of the franchise fee by the contractor. In response to a question, it was indicated that while the Bardenpho system is new for Clearwater, it is being used in 35 places in Florida. A question was raised regarding whether or not the indemnification of the City indemnifies us from fines for not meeting requirements. It was indicated that it does not. The City Attorney indicated that the decision has been made that we are meeting standards up front. However, if standards change, there is nothing the City can do to protect itself in that regard. Contract for North Beach Drainage to Suncoast Excavating Inc., Ozona, at a cost of $48,000. The proposed project is the installation of a drainage flume at the north end of Bruce Avenue right-of-way on Clearwater Beach. The flume will take local street drainage directly over the existing seawall. In addition, approximately 1,375 individual vertical subdrains at regular 10-foot intervals in low roadside shoulder areas will be installed. These are a cost-effective design alternative and are being placed to provide better vertical drainage of surface puddles. This work is proposed to be performed in the wet season to fine-tune the location of the vertical subdrains. Bill Baker, Public Works Director, explained how the vertical drains would work, then indicated there is a cleaning device in the vertical subdrains. In response to a question, it was indicated that Suncoast, the contractor chosen for this project, has been used by the City, but not for this type of project. Contract for Cleveland Street Storm Replacement (San Remo to Highland Ave) to All American Concrete, Inc., St. Petersburg, at a cost of $59,485. Cleveland Street, between San Remo Avenue and Highland Avenue, has experienced road base failure due to an old, deteriorated concrete stormline. In order to prevent further street damage and potential danger to motorists, a drainage repair project has been designed. This project will include the installation of approximately 662 linear feet of 18-inch reinforced concrete pipe, complete with all necessary drainage appurtenances. In response to a question, it was indicated that the City is considering stormwater management as they go through the various storm drainage projects. Contract to change out 500 residential gas meters throughout the gas service area, to West Coast Plumbing & Gas, Palm Harbor, for $14,500. The Gas Division has a need to change out 1,000 residential gas meters this fiscal year. Approximately 500 to 600 meters can be changed out in-house by Gas Division crews. Another 500 gas meters need to be upgraded by a contractor. The program was established to assure accurate measurement and corresponding revenues to the City for natural gas sold. Meter accuracy diminishes after 10 years. It was indicated that Gas Division plans would be forthcoming to the Commission in June or July. Discussion ensued regarding the need for these change outs and it was indicated that if the meters are not changed, it is to the advantage of the user, as the City loses revenue. Discussion ensued regarding privatizing the entire change out operation and eliminating the in-house crew and it was indicated that the crews doing the change out do other tasks. A question was raised regarding whether or not the City was competitive with private industry. Switching gears for Advanced Wastewater Treatment Plants A concern has been expressed that the City's bids for construction to upgrade the wastewater treatment plants to advanced wastewater treatment include a component that does not necessarily have to be as heavy-duty as specified. Bill Baker explained that, during the design of the Marshall Street plant, an electrical engineer working for Briley Wild and Associates specified that the switching gear for turning off electrical pumps and motors be the Siemans product. While the bids were out, Briley Wild noticed this sole source product and issued an addendum, as the Seimans product is smaller and not as heavy-duty as that manufactured by four other companies. It had been determined that the heavier-duty switching gears were the ones that should be used, as the smaller gears would have half the life of the larger heavy-duty ones. He stated that now that the bids are out for the other two wastewater treatment plants, an individual is trying to convince the Commission that the City is wrong in requiring the heavier grade product. Mr. Baker emphasized that all agree that the heavy-duty product is the one of choice. He also emphasized that this was a decision made by Briley Wild and others and not solely by Mr. Terry Jennings of the Public Works Department, as the individual complaining would have the Commission believe. Transmittal Public Hearing for Clearwater Comprehensive Plan Update - 1989. Florida Statutes require the transmittal Public Hearing to be conducted by the City Commission and approval action by a majority vote of the local comprehensive plan. Required elements for Clearwater's plan include: future land use, traffic circulation, mass transit, aviation, housing, sanitary sewer, solid waste, drainage, potable water, natural groundwater aquifer recharge, coastal zone management, conservation, recreation and open space, intergovernmental coordination and capital improvements. On May 4, 1989, the Commission reviewed the proposed plan and recommended changes. Those changes have been incorporated into the revised document. Policy 11.2.2 in the Aviation element was proposed to read: "The airpark shall continue to be operated as a leased facility with land ownership and management review retained by the City. The City shall approve all subleased and planned facility improvements." Consensus of the Commission was to take out the phrases "as a leased facility" in the first sentence and the word "sub" before "lease" in the second sentence. Concern was expressed regarding the Coastal Zone Management element being worded in such a way that it used the term "stagnation" in reference to the tourist industry. It was requested that this be changed to "need of revitalization." In reference to Objective 19.2 of the Coastal Zone Management element, it was the Commission's consensus to delete the last sentence which reads: "No new development or substantial redevelopment will be permitted in coastal high hazard areas." In response to a question regarding Objective 19.3 of the Coastal Zone Management element, Paula Harvey, Acting Planning and Development Director, indicated the plan needed to be specific regarding the items that would be added to provide public accessibility to the beach and not just refer to public accessibility. Discussion ensued regarding Objective 21.3 which reads: "Residential density shall be retained and not increased in Clearwater's coastal zone. Revisions to the Land Development Code shall address the need to plan the stabilization of coastal area development densities." Concern was expressed that the word "residential" should be struck. The Acting Planning and Development Director stated that the specifics would be in the Land Development Code and that the general statement should remain in the Comprehensive Plan. In reference to Objective 21.5, Commission consensus was to add the word "only" before "justification" in the last sentence, so that the last sentence would read: "Because storm damage shall be considered to be common to all property owners, it shall not be considered an appropriate only justification for the granting of variances." Concern was expressed regarding an objective in the Conservation element requiring the City to protect and improve ambient air quality. It was indicated that while this is not solely a Clearwater problem, we must play a role in that effort. It was requested that a policy be added regarding cooperation in this effort. A question was raised regarding the evaluation and appraisal report and the Acting Planning and Development Director indicated that it is required for the current plan and cannot occur later than 1991. A question was raised regarding an item that had been added requiring just compensation and how that meshed with the billboard amortization. The City Attorney indicated that amortization is seen as the substitute for cash. The meeting recessed from 11:40 a.m. to 11:51 a.m. Island in the Sun Annexation Agreement The owners of Island in the Sun Mobile Home Park, which is located outside the City limits, are proposing an annexation agreement which would annex a 57-acre undeveloped parcel. The actual Island in the Sun development would be annexed at a later date. A question was raised regarding Paragraph 7, County Commission approval of the Land Use Plan designations and the City Attorney indicated this was included so that the owners would not be liable for City taxes if the County does not approve the Land Use amendment. A question was raised regarding whether or not the mobile home park conformed to City codes and Paula Harvey, Acting Planning and Development Director, indicated that it was conforming regarding density but she was unsure regarding setbacks. A question was raised regarding Paragraph 13, the current sanitation collection service being allowed to stay in place. It was indicated that City does not have equipment to serve the park in the way that it is served now and there was no problem with allowing this to continue. It was requested that Paragraph 16 regarding the agreement running with the land be amended to include a requirement for recording this agreement in the County public records. Land Development Code Amendments Implementing the North Greenwood Commercial District General Development Plan LDCA 89-05 AND Land Use Plan Amendment to Medium Density Residential and RM-16 Zoning for property (0.59 acres) located on the E side of Taft Ave. between Grant St. and Carlton St., Lots 9 through 16, Blk 1, Lincoln Place Subdivision, Sec. 10-29-15 (City of Clearwater) LUP 89-3, Z 89-3 AND Land Use Plan Amendment to Commercial/Tourist Facilities and CMG (North Greenwood Commercial) District Zoning for property (0.4 acres) located at the SE corner of the intersection of N. Greenwood Ave. and Palm Bluff St., M&B 24.01, Sec. 10-29-15 (Willow Run, Inc.) LUP 89-4, Z 89-4 AND Zoning Amendment from CN to North Greenwood Commercial (CNG) District for property (6.8 acres) located generally on the E and W sides of N. Greenwood Ave. from Grant St. to Palmetto St., Lots 1-4, 7 & 8, Lincoln Place Subdivision, Lots 6-11, Blk 3, C.E. Jackson's Subdivision, Lots 6-11, Blk D, Palm Park Subdivision, Lots 1-7, Greenwood Manor Subdivision, Lots 32-35, Blk F, Lots 32-35, Blk E, Lots 32-35, Blk D, Greenwood Park No. 2, Lots 15-18, Blk C, Lots 15-18, Blk B, Greenwood Park Subdivision, Lots 31 and 32, Palm Park Subdivision, Lots 1-3 and 10-12, Mason's Subdivision, Sec. 10-29-15 (Multiple Owners/City of Clearwater) Z 89-5 In the summer of 1987, Neighborhood Housing Services, Inc. was commissioned to prepare an economic development plan for the North Greenwood business properties. A task force was subsequently selected to direct and focus the effort. The result of this effort was the North Greenwood commercial district general development plan which was accepted by the City Commission on December 1, 1988. These items are for receipt and referral which will continue the efforts to redevelop this area. It was indicated these items have been reviewed by the Greenwood Task Force. It was also stated the review by the Design Review Board is now an option. However, if a person does not use this board, they are not eligible for the reduced parking requirements available. Variance to the Separation Requirements for Sale of Alcoholic Beverages for Dinker's located at 2794 Gulf-to-Bay Blvd., M&B 24.02, Sec. 17-29-16 (Hampton Square Associates Ltd. Partnership) AB 89-05, CU 89-31 This is a request for a variance to accommodate an expansion proposed at Dinker's, an already operating alcoholic beverage establishment licensed for sandwich shop and lounge. It was indicated that the conditional use required has been obtained. However, a parking variance is needed from the Development Code Adjustment Board. If it is not granted, this item will not go forward. Discussion: Land Use Plan Amendment, Babcock Property on McMullen-Booth Rd. On August 4, 1988, the City Commission approved a request for Rezoning and Land Use Plan amendment on property located on the west side of McMullen-Booth Road. The necessary ordinances passed first reading. The Land Use Plan amendment was forwarded to the Florida Department of Community Affairs for their review and comment and was found to be consistent with our plan. The amendment was also forwarded to the Pinellas Planning Council for their review. However, during this time, the PPC was not reviewing cases. On December 15, 1988, the Commission passed the final reading of these ordinances to approve the Land Use Plan designation, subject to approval by the Pinellas County Board of County Commissioners. The PPC reviewed Clearwater's request on February 27 and recommended denial. At this point, in accordance with a special act, the property owner indicated to the PPC that they were considering an appeal of the PPC decision and on March 15 proceeded to file a petition for extension of time to file the appeal. At this time, the owner is inquiring regarding the possibility of withdrawing its request for amendment to the Countywide plan. This would result in the zoning of the property remaining as RM-8 with a low-density residential Land Use Plan classification. The property owner or the Commission could direct the Planning Department to submit the request again at a later date. In response to questions, it was indicated that the reason for this request is there is another office development on the other side of McMullen-Booth Road to be considered and that it is being requested that this be withdrawn at this time so both of these developments can be considered at the same time. Consensus of the Commission was to send a letter to the County withdrawing this application. Other City Attorney Items. The City Attorney reported that the noise ordinance Oral Arguments for June 2 have been rescheduled. He stated there is a proposal for a growth management amendment which would allow amendments to the Land Use Plan four times a year, rather than the current twice a year submittal. The Mayor questioned the status of the suit regarding annexation of the Elysium Subdivision. The City Attorney responded that the Judge indicated the other party should have been allowed to amend their complaint. However, he is still optimistic of the City prevailing in this case. Independent Council for City Boards. The City Attorney indicated there are some City boards that need council. Boards to be considered are the Civil Service Board and the Code Enforcement Board. Consensus of the Commission was to consider this. Legislative Update - Kathy Rice. Kathy Rice, Assistant City Manager, indicated permission had been given to oppose the group home bill and letters have gone to all mayors requesting they support our position regarding billboards. She reported Amnesty Days have been established for disposal of hazardous materials by homeowners. Those dates are May 18 through May 21. Clearwater has volunteered to allow dropoffs of these substances at the Russell Street site. It was reported ideas are being developed for the 75th anniversary of the City of Clearwater in conjunction with Fun 'n Sun Festival in 1990. A question was raised regarding special recognition of Mr. Frank Morris and Mrs. Helen Herman. Mr. Morris is recently deceased and Mrs. Herman is in serious condition. It was the consensus to do citations for these individuals and to ask Mr. Morris' family if they wish to attend. Other Commission Action. The Mayor questioned whether or not the letter regarding traffic on Greenlea Street was being responded to. It was indicated staff was investigating. She raised a question regarding the Development Code Adjustment Board's concern regarding the Wing's store and a sign violation. It was also indicated this was being investigated. She stated there was a need to establish a time for the City Manager's evaluation. Consensus was to schedule this for September. Commissioner Fitzgerald reported that, at the Tampa Bay Regional Planning Council, a resolution was issued declaring June as Hurricane Awareness Month and they are requesting local governments adopt similar resolutions. It was the consensus of the Commission to have a presentation and to adopt the resolution at the June 1, 1989 meeting. A question was raised regarding whether or not a resolution of support for the Pinellas Trails should be ready for the presentation Thursday night. Consensus was to prepare a resolution. A question was raised regarding a complaint by Sears regarding enforcement of the false alarm ordinance. It was indicated an amendment to this ordinance is being developed. Commissioner Winner indicated he would still like to pursue an ordinance that requires package sales stores to close at 11:00 p.m. Paula Harvey, Acting Planning and Development Director, indicated beer and wine sales now end at midnight. It was indicated we would research and come back regarding this. The Mayor expressed concerns regarding Tattletales advertising lap-dancing. The City Attorney is to investigate. The meeting adjourned at 1:10 p.m.