Loading...
05/30/1989 CITY COMMISSION WORK SESSION May 30, 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 9:43 a.m. and the following items were discussed. Five Service Pins were awarded. Res. 89-31 - Awarding Sale of Series 1988B - Water and Sewer Revenue Bonds to upgrade wastewater treatment facilities. On July 21, 1988, the City Commission authorized sale of up to $90 million of water and sewer revenue bonds to be used for refunding existing debt and providing approximately $48 million of new money to upgrade the City's wastewater treatment facilities to standards mandated by the Florida DER and Federal EPA. Series 1 of the bonds was sold on October 6, 1988. Series 2 was sold on November 17, 1988. Series 3, originally planned for sale in January, 1989 was delayed due to the action taken by the Brooker Creek Preservation Incorporated to protest the issue on subconstruction permits for the east and northeast plants. This issue was resolved on March 16, 1989 and the settlement agreement provided that the City would extend the affluent outfall pipeline and construct a seagrass habitat at an estimated additional cost of $800,000. Due to the unusually tight time constraints, the financial advisor will negotiate prices with the underwriting group on Thursday, June 1 and will present the Commission with a final recommendation at the Commission meeting that evening. Chuck Thornstrum of William R. Hough and Associates stated they will go into the market tomorrow for these bonds. He stated by the time they come back to the meeting Thursday night, the bonds will be presold subject to City Commission approval. In response to questions regarding the interest rate, it was indicated we expect to get an interest rate close to 7% and that the bonds have a AAA rating. Contract for one (1) eighteen (18) foot Step Van to Barrie Reid Buick/GMC, Inc., Ft. Pierce, FL, for $25,804.63. The Police Department is currently using a 1971 Winnebago motor home/recreation vehicle as an emergency operations mobile command center. This vehicle no longer satifies the Police Department for these requirements. The 18-foot walk-in step van will be modified by the City's Fleet Maintenance Refurbishment Shop to become the emergency operations mobile command center, while also serving as a mobile disaster operations center. In response to questions regarding why the current vehicle no longer meets City Police Department requirements, it was indicated that the maintenance is exhorbitant and that it is not set up for the dual use that the new van will have. It was also indicated that the mobile station on the beach is frequently used and is still needed for mass transportation. Contract for 50 (additional) Toshiba Model T1200FB Laptop Computers to A.P. Computer Systems, Clearwater, for $72,287.50. On October 21, 1988, the City Manager accepted a grant on behalf of the Police Department for the development of the Clearwater Automated Data Traffic Accident Program (CADTAP). On February 16, 1989, the Commission approved the first purchase associated with the CADTAP grant, purchasing the host computer hardware. On April 20, 1989, the Commission approved the second CADTAP purchase, laptop computers, and on May 4, the Commission approved awarding a contract to Advanced Systems Design to develop the computer software program for the laptop and microcomputer accident reporting systems. In response to questions, it was indicated the 50 additional units are needed as this program is being phased in and the City has received additional funds from the State. Captain Kennedy indicated the program is being looked at as an exemplary project and the response of the officers has been good. Item - No Wake Zones The subject of no wake zones was discussed and it was requested a no wake zone be from the outer mouth of Clearwater Pass to the existing no wake zones. It was requested that Charles Hunsicker, the Police Department, and Bill Held be allowed to discuss this. It was indicated that general discussion is needed regarding the increased boating traffic and it needs to be addressed locally, as well as through the Legislature. Further discussion ensued regarding the need for speed limits, licensing of boat drivers, and the need to coordinate with Pinellas Waterway Safety Commission. It was requested that Staff put together a position paper to present to the County. Land Use Plan Amendment to Industrial and a Zoning Amendment to IL for property (1.54 acres) located on the S side of Calumet St., W of Belcher Rd., Lot 17 less the W 300 ft. Clearwater Industrial Park, Sec. 1-29-15. (National Data Products, Inc.) LUP 89-8, Z 89-10. National Data Products recently purchased a parcel from the Upper Pinellas Association for Retarded Citizens. UPARC is proposing to relocate its facility to the east of Belcher Road as part of the Center Foundation Project. Subject amendment is made in anticipation of converting the existing building to offices and/or light industrial uses which would require an amendment of the Land Use Plan and a rezoning. In response to a question, it was indicated this would be in concurrence with the Pinellas Planning Council. Questions were raised regarding deed restrictions on the property and it was indicated Staff believes they have found a way to address that concern. Public Hearing and First Reading Ords. 4813-89 and Ord. 4814-89 - Petition for Annexation and IL Zoning for property (12.71 acres) located on the W side of Hercules Ave. immediately N of the S.C.L. Railroad. M&B 34.26, 34.27, 334.25, Sec. 1-29-15, M&B 21.01, Sec. 12-29-15 (Clearwater Concrete Industries, Inc.) A 89-9. The request is for industrial zoning with a special stipulation regarding heavy industrial use. The only industrial zoning category in the Land Development Code is a limited industrial district, which does not permit heavy industrial uses. The applicant requests the City Commission to consider an appropriate method of allowing the existing heavy industrial uses and expanded and/or new heavy industrial uses. The Clearwater Land Use Plan Designation is industrial. Pinellas County's Land Use Plan Designation is heavy industrial on the western portion of the property and light industrial on the parcel adjacent to Hercules Avenue. The property is presently developed with six buildings being used as a concrete plant and offices for the plant use. If the annexation is approved, the existing use would become nonconforming and could continue but could not be expanded or put back if destroyed. The Planning and Zoning board recommended approval of the annexation and IL zoning. The board further recommended there be no amendments to the Land Development Code which would allow new heavy industrial uses on the subject property or elsewhere in the City of Clearwater. At the Planning and Zoning board meeting, it was reported that Clearwater Concrete is moving out of this property and an asphalt processing plant plans to move in. Concerns were expressed that if the City did not annex this property, due to the heavy industrial use, they could still develop as they wish in the County. Questions were raised regarding whether or not this could be addressed as a unique situation and a method be found to address this concern while still annexing the property. It was indicated the applicants are waiting to hear from the City Commission. Public Hearing and First Reading Ord. 4815-89 - Amendment to the Land Development Code, Sec. 134.008(2) relating to Political Signs LDCA 89-06. The City Clerk's Department notified the Department of Planning and Development that during the recent election, political signs were improperly displayed on public and private property without the property owner's permission. The proposed ordinance has been prepared to clearly provide that a property owner or tenant in possession of the property must consent to a political sign being placed on their property and that no political sign may be placed on any public property. In addition, the ordinance proposes an increase in the allowable size of the signs. The City Clerk explained the difficulties in dealing with political signs in that signs placed on private property had resulted in tape left on walls and holes left in the ground. She stated if this is allowed, it will make it more difficult to obtain polling places. Questions were raised regarding allowing signs at political forums held at public facilities. It was indicated that there will be some provision for this. The question was raised regarding whether or not all ads should be prohibited at polling places. It was indicated that this is not allowed by the State Statute. Community Development Block Grant Application - 1989-90. The U.S. Department of Housing and Urban Development (HUD) has notified the City of the Community Development Block Grant allocation of $722,000 for fiscal year 1989-90. When $168,000 of anticipated program income and contingency is added, there is a projected $890,000 available for the 15th CDBG year. Proposed projects have been reviewed by the Neighborhood Advisory Committee and by Staff. Federal eligibility standards, funding levels, and other federal requirements have been observed in making the recommendations. A request was made that information be provided regarding the funding approved last year. Jim Sheeler, Planning and Development, indicated the City is feeling pressure regarding providing operating support to organizations. He stated all projects are worthwhile; however, there are not enough funds to go around. Discussion ensued regarding a proposed weight room at Ross Norton Park and it was indicated this would be used to address the need for new programming in the South Greenwood area. Concerns were expressed that this should come out of the general fund, and not Community Development Block Grant funds. General discussion ensued regarding the need for some of these things to be funded through the general fund and not the Block Grant program. It was indicated there are restrictions regarding how much money can be spent on public service organizations. In response to a question, it was indicated Neighborhood Care for Kids should be under public service, and not economic development. Impacts on the economic development project have been that the City loan officer position was vacant for six months, the field officer in housing services is also vacant and there had been a change in the executive director for the program. Questions were raised regarding whether or not Erwin Harris All-American Youth Club could use the weight room money and also whether or not he could work in the South Greenwood area. It was indicated that Mr. Harris is stretched as it is. The meeting recessed from 11:25 a.m. to 11:40 a.m. Waiver of Impact Fees. The City has never waived transportation impact fees. It has received a formal request for a waiver from one non-profit organization and at least two more requests are anticipated if a waiver is approved. Options are to take no action, to seek an amendment to the County ordinance to allow the City to waive transportation impact fees under certain circumstances, and to pay the impact fees on behalf of the applicant. The City Attorney has advised the City does not have the legal ability to waive transportation impact fees under the current law. Discussion ensued regarding the waiver and concerns were expressed that there should be alternatives to waiving the fee. A suggestion was made that a fund be developed from the $5,000,000 in retained earnings from the Gas Division or some other source of revenue be identified to use for payment of social service agency impact fees. Consensus of the Commission was to waive the eight-hour rule for consideration of the project and for Staff to come back with options regarding payment of these fees. City Owned Service Station. During the Work Session of May 15, the Commission was presented with several discussion packages to structure a new lease for the marina service station. Direction was provided that the lessee was to specify acceptable lease terms no less than five years and no greater than fifteen years and that the existing full-service station was to continue with the option to convert one service space/base to a mini-market/convenience store. Alcoholic beverage sales would not be permitted. Payments were to be based on a bid percentage of fuel sales and a bid percentage of gross retail sales. A fixed monthly rent would also be paid, fuel tank replacement to be the option of the lessee. Otherwise, City retains responsibility for replacement at an estimated cost of $40,000 and a site plan would be submitted with the bid for conceptual review. Staff is requesting that the bid package be structured to require the lessee to perform fuel tank replacement and remodeling and landscaping work. Staff is working to put together a bid package which returns the best possible lease agreement for the benefit of the City. Deleting these options will provide for uniform bid submittals. Also, requiring the lessee to replace the fuel tanks and remodel the station will relieve the City of additional financial burdens and the lessee would be required to carry the underground storage tank liability insurance. In response to questions, it was indicated it was not felt there would be any difficulty obtaining bids under these conditions and that list of people making inquiries is being handled by the purchasing division. Consensus of the Commission was to approve the deletion of these two options. Proposed Capital Improvement Program FY 1989-1990. The proposed Capital Improvement Program for fiscal year 1989-1990 has been distributed to the Commission. A concern was expressed regarding replacements and repairs and it was indicated we are very cautious and make sure these are needed. A question was raised regarding transportation impact fees not showing for 1990-1991, 1991-1992, and 1992-1993. The Budget Director is to get back with the Commission regarding this. Discussion ensued regarding increases in sidewalk replacement and it was requested assessment programs be considered for this construction. In response to a question regarding the Garden Avenue garage expansion, it was indicated while this is planned, there is some question as to the future of the First Florida Bank building and its proposed expansion. The proposed PRIM millage was discussed and the Budget Director indicated that this would be funding a special millage in an "out" year. A question was raised regarding the airpark and it was stated that in other documents it is shown as operating at a deficit. The Budget Director indicated there have been significant changes in the operation so that this is an enterprise which can borrow and is not funded by the general fund. The Mayor questioned the replacement of the Sand Key bridge being taken out and it was indicated this has been left in for now. In response to a question regarding the item with the mainframe computer, it was indicated Staff is investigating exactly what is needed in this regard. Mid-Year Budget Review. It was indicated that police overtime still presents problems with the budget. A question was raised regarding the $27,000 to the airpark and it was indicated this is a loan from other funds, as the airpark is now an enterprise fund. In response to a question regarding increasing the Florida Power franchise fee, it was indicated this is still being pursued. A suggestion was made that gas appliance sells be leased out. In response to a question, it was indicated the economic development program is actually funded through the CRA. Other City Attorney Items. The City Attorney had submitted a memorandum requesting Commission direction regarding the first meeting in July, as the 4th falls between the Work Session and the Commission meeting. Consensus was there was no change to these meetings. The City Attorney reported we received a summary judgment in the Spence case to the City's benefit and he will be requesting attorney's fees. Merlin vs the City. Leo Schrader, Assistant City Attorney, stated this involves a serious knee injury to a Canadian citizen when she tripped on a patched-over sidewalk crack and fell. This occurred in October of 1986 on Clearwater Beach. He stated it required six weeks hospitalization, four in Clearwater and two in Canada. The recommendation is to settle the case for $70,000, which has been recommended by a court-designated mediator. Commissioner Nunamaker left the meeting at 12:25 p.m. Legislative Report. Kathy Rice, Assistant City Manager, reported the Senate passed a mandate bill and a bill which limits imminent domain attorney's fees. The water bill has passed the House and Senate. She stated there has not been much success in amending the proposed group home bill and 80% of the communities have not addressed the issue of group homes. That is the reason for this bill. Other Commission Action. Commissioner Regulski requested an update regarding the computer system. Kathy Rice indicated Staff will be meeting with Unisys tomorrow and looking at broader issues. She stated they will be investigating this thoroughly and will be bringing back options to the Commission. Commissioner Regulski requested the Land Development Code be amended to accommodate facilities, such as Isaiah's Inn. Commissioner Regulski questioned whether or not there would be a session regarding setting policy on the Gas Division and the City Manager indicated this would be part of the goal setting session. The Mayor questioned steps the City is taking to encourage water conservation. Charles Hunsicker, Assistant City Manager, indicated we are working with the Water Management District to receive a grant to provide literature to hotels and restaurants. It was indicated there will be a meeting of the Southwest Florida Water Management District today. In response to a question regarding who is enforcing water restrictions, it was indicated the Police, Utilities, and Public Service workers are all participating in this. It was indicated 87 warnings have been issued and there should be more publicity regarding not watering your lawns. The meeting adjourned at 12:45 p.m.