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07/03/1989 CITY COMMISSION WORK SESSION July 3, 1989 The City Commission of the City of Clearwater met at City Hall, at 9:10 a.m. with the following members present: Rita Garvey Mayor/Commissioner Don Winner Vice-Mayor/Commissioner Lee Regulski Commissioner William Nunamaker Commissioner Richard Fitzgerald Commissioner Also present were: Ron H. Rabun City Manager Leo Schrader Assistant City Attorney Cynthia E. Goudeau City Clerk The Mayor called the meeting to order at 9:10 a.m. and the following items were discussed. Service Pins Two service pins were awarded to City employees. Contract for Data Information Services Local Area Network Equipment The DIS Division is responsible for providing support for 256 network MS-DOS personal computers in the City. In order to provide this support, the division needs a network on which to test new software, hardware, recreate problems in a controlled environment, develop user documentation, offer programming consulting services or become proficient network users. This system will also be used for office automation and is included in the City of Clearwater computerization long range plan. In response to questions, it was indicated that electronic mail or an alternative is still being investigated. It was also reported this system would remain separate and not be integrated into the mainframe. Contract for Carpet Purchase and Installation Vendors were asked to respond with a price per square yard including removal of old carpeting, normal floor preparation and movement of a normal amount of furniture for an anticipated 10,000 sq. yds. of carpet. An additional 50 cents per yard add on was authorized for unusual jobs or for special floor preparation. In the past, carpeting was bid on an individual job requirement basis. This contract represents consolidation of estimated requirements into an annualized procurement. The consolidation represents an estimated annual savings of 20% or $24,000. The contract period is from July 7, 1989 through July 6, 1990. In response to questions, it was indicated the only choice regarding the carpet would be color and that the City saved over $3 a sq. yd. over the state contract price. Some concerns were expressed that the City uses 10,000 sq. yds. of carpet per year, and it was indicated this was an exception as the library is to be recarpeted. Automatic Aid/Closest Unit Response Agreement Approval of this agreement will formalize what the Cities in Pinellas County have been doing for several years. The Fire Chief indicated that by entering into a formalized agreement, the City will receive credit when rated by I.S.O. (Insurance Services Office). It was indicated the City of Clearwater currently has a rating of 3 out of a rating scale of 1 to 10, with 1 being the best rating possible. It is hoped that when we are rated later this year, we will be able to increase our rating to 2. Contract for Roof Replacement at City Hall An inspection was conducted of the roofing at City Hall and severe leaking conditions were found. The present roof was installed 12 years ago. The area to be replaced includes the main roof area which is warranted in the contract for 20 years. The upper level roofing covering the air and heating equipment will be refurbished and the repair is guaranteed for five years. Concerns were expressed regarding whether or not the guarantee would be honored. A question was raised regarding what type of roof is to be installed. Mike Wright, Assistant City Manager, reported the new roof is to be a built-up roof made of a fiberglass base felt, a layer of asphalt with added polymer and gravel. Waiver Application - Holiday House An ordinance was adopted by the City Commission in November of 1983 which established a restricted area excluding all watercraft and aircraft within 300 ft. of the shoreline from the north jetty of the south end of Clearwater Beach island northward to the centerline of the Somerset Street end. There is a provision that a waiver may be granted to permit the operation of watercraft in certain areas within the restricted area and procedures for applying for this waiver have been established. Under these provisions, the Holiday House has applied for a waiver to permit the establishment of a marked corridor for the operation of rental waverunners, parasail operation with motorized boats, windsurfing, surfing boards, sailboats and aquacycles. The Harbormaster will not recommend approval of the operation of rental waverunners or other motorized watercraft operating within the restricted swim area. The proposed agreement allows the applicant to ferry parasail and waverunner customers by manually propelled watercraft through the buoyed area west of the corridor. He concurs with the operation of other rental watercraft noted in the waiver application. The waiver agreement specifying the conditions under which City staff considers this activity can be safely and appropriately conducted has been drafted. Bill Held, Harbormaster, reported he has advised Mr. Moussa, the applicant, of his objections to motorized craft in the restricted area. He stated Mr. Moussa has requested this item be continued as he wishes his attorney to review it. Consensus was to pull the item from the agenda. In response to a question, it was indicated that waverunners are operating off this area now with no waiver in place. A suggestion was made that the City change its occupational license for these rental operations to address nonmotorized craft only. It was also suggested these types of craft might be included in any licensing requirement that may be enacted regarding boats. Clearwater Ferry Service - Ground Lease, License and Agreement In August of 1987, the Commission instructed staff to proceed with negotiations to reach an agreement with Anderson Bay Cruises to operate a commercial ferry service within Clearwater Harbor. In June, 1989, staff presented a license and agreement for the provision of ferry services together with a ground lease for operation of the ferry at the foot of the Drew St. right of way in Clearwater Harbor. Execution of these documents will provide for: - ground lease of premises, license agreement to operate a ferry service; - pickup and departure from Drew St. dock, Clearwater Beach Recreational Center and the Seastone dock (when and if available); lessee to pay 50% costs of improvements to City owned docking facilities on Clearwater Beach; - special provisions at the marina for the Admiral Dinner Cruise Vessel; - placement of dock and ticket booth in City right of way at the foot of Drew St. will be subject to review and approval by the Public Works Director; - parking provisions at Maas Brothers parking lot/City lot; - lessee will construct dock, provide for necessary dredging and fill. After ten (10) years, the dock, title and all improvements will revert to the City and lessee will then pay a slip rental fee for use of the Drew St. Dock and a slip rental fee at the City Marina at the then current commercial party boat slip rental rate; - in consideration of the cost of dock construction and dredging (estimated at approximately $165,000), the City will provide dockage for Lessee's vessels at the City Marina at no cost during the term of the 10 year lease. The Ferry Service will provide round trip service between the Drew St. Dock, the Clearwater Beach Recreation Center Dock and, when constructed, the Seastone Resort Dock. The facilities at the Clearwater Beach Recreation Center will be used until a more satisfactory dock location closer to Mandalay Ave. can be constructed. Staff is proceeding to obtain permits for the new dock facility which will be constructed by City crews. Mr. Henderson has agreed to pay 50% of this cost. Apart from the license agreement and ground lease, there are support activities conducted by Mr. Henderson and the City which must be completed to initiate the ferry service. A sketch plan must be prepared at Mr. Henderson's expense along with a building permit application to place the ticket booth adjacent to the Drew St. Dock. Because the facility is to be dedicated to the City after a period of ten years and will be City property at that time, staff is recommending that the building permit fees be waived as is customary for other City buildings. A variance from the minimum 25 ft. seawall setback will need to be granted to accommodate the ticket booth at the desired location. The lessee is providing the necessary plans and engineering drawings to bring water and sewer from the nearest point of City service to the ticket booth. The City has agreed to construct the line extensions necessary and to set the water meter for the ticket booth. Water and sewer impact fees must be paid by the lessee. Concerns were raised regarding the subsidy required for the slips to be provided at the Marina to Anderson Bay Cruises, and it was suggested the Marina fund be reimbursed by the Parking fund for these slips. Discussion ensued regarding the options for various service points, and it was stated the City will be evaluating the service after four months to see if any modifications are warranted. Concerns were raised regarding the prohibition of service at the Marina, and various options were discussed to overcome the impact of service at the Marina. Questions were raised regarding the City's obligation to pay for the improvements should the ferry service not be successful. It was indicated the City is obligated to pay for the services only if it requires the ferry service to stop for reasons other than breach of contract. Discussion ensued regarding the parking that would be available for the ferry service. A question was raised regarding the parking spaces west of Drew St. and whether or not they could be used as long term parking for the ferry service. Millage Rate for Fiscal Year 1989/90 - set public hearings regarding the budget for 9/7/89 and 9/21/89. The City Manager has recommended a millage rate of 5.1 which is the same as last year. It was the consensus of the Commission to set a work session in August at the annex for public input. Questions were raised regarding the impact should the Commission decide, at a later time, that it wishes to add additional police officers or programs. It was indicated that, if they feel this is a possibility, they should set the millage rate higher than the 5.1 mills. Downtown Development Board, Ordinance 4845-89 - Pertaining to the extension of the existence of the Board. Two ordinances have been proposed relating to the extension of the Downtown Development Board (DDB). The first ordinance delays the sunset date for one year. The second ordinance repeals the sunset law entirely. The Mayor reported the DDB has requested a review after one year. In response to a question, it was indicated the DDB will be establishing its millage for the next fiscal year at a special meeting to be held Monday, July 10th. The City Manager stated he felt it was mandatory that there be role separation between the CRA and the DDB. Petition for Annexation and IL (Limited Industrial) zoning for property located on the N side of Palmetto St. approx. 250 ft. E of Kapp Dr.; M&B 14.07, Sec. 12-29-15 (Garretson) A 89-14 The property is presently developed with a mobile home and a single family residence with an attached shed for vehicle repair. Vehicles are also being stored to the rear of the shed. The proposal is to remove the mobile home and the majority of the vehicles to upgrade the residence for the present property owners and to develop, on the rear of the property, an industrial facility engaged in printing and direct mailing. The Mayor questioned whether or not this annexation would create additional enclaves. The Planning and Development Director is to report. Land Use Plan amendment from Residential/Office to Commercial/Tourist Facilities and Zoning amendment from Limited Office (OL) to General Commercial (CG), Ordinances 4835-89 and 4836-89 - located at the SW corner of the intersection of Sunset Point Rd. and Hercules Ave.; part of Lot 1, Pinellas Groves Sub., Sec. 1-29-15 (Florida National Bank) LUP 89-7, Z 89-8 The amendments are being requested to permit the development of a gas station convenience store and automatic car wash. It is also anticipated the applicant will seek conditional use approval for sale of alcoholic beverages at the convenience store. Staff is recommending denial of this application as it is inconsistent with the City's stated policy for development on Sunset Rd. Variance to the Minimum Separation Distance requirement for alcoholic beverage sales - Pattemore's Night Club/Mako's Plus This item is to be continued as the attorneys for the applicants will not be available for the Commission meeting. In response to a question, it was indicated the police reports have indicated improvements in the type of activities that have been taking place at the establishment. The City Manager reported the Police Chief and other involved individuals will be present at the July 17th work session to report to the Commission. A question was raised regarding whether or not the Commission should consider putting annual review conditions on the granting of these variances. The Mayor raised a question regarding what can be done to assure that convenience stores that are known to sell alcoholic beverages to teens be subject to losing their license. The City Manager is to report. Ordinance 4631-89 and 4632-89 - Land use plan amendment from Low Density Residential to Public/Semi Public and zoning amendment as Public/Semi Public for property located 200 ft. S of Drew St., E and W sides of Nimbus Ave.; Lot 1, Blk. 9, Lot 3, Blk. A and Lot 3, Blk. B, Unit 10, Skycrest Sub. (Skycrest United Methodist Church) LUP 88-6, Z 88-10 Commissioner Regulski questioned whether or not all the conditions required for approval of these amendments had been met. The City Clerk reported a memo had been submitted by the Planning and Development Dept. indicating the conditions had been met. The memo is to be copied to the Commission. Verbal Reports The City Manager reminded the Commission he would be out of town on vacation during July. The Mayor questioned whether or not the City was going to comment regarding the letter from FEMA criticizing the City for its settlement with Thomas. The City Manager reported he has sent an acknowledgement letter, however he is working with staff to prepare a detailed response. Concerns were expressed that the FEMA letter indicates assistance was offered to the City by FEMA for the prosecution of this case. Contradictory information had been previously provided that assistance was not available. It was the consensus of the Commission that if the assistance referred to in the FEMA letter was not offered or made available, we need to clearly state those circumstances. In response to a question regarding the status of the rewrite of the flood plain ordinances, it was indicated this had been done and is in the Attorney's office for review. Outside Attorney for the Municipal Code Enforcement Board Florida Statutes provides that the City Attorney's office can act as either counsel to the Board or attorney for the City but cannot function as both. It is now being requested the Commission authorize an outside attorney for the Code Enforcement Board to provide them counsel when needed. It was the consensus of the Commission to add this for Thursday nights' meeting on the consent agenda. Leo Schrader, Assistant City Attorney, reported the dredge and fill permit for the ferry dock service has been issued; however we are in a 14 day appeal period. Other Commission Action The Mayor questioned what could be done regarding the proposed fence on a store front along Cleveland St. The City Manager reported alternatives have been suggested, and the Manager of the business has indicated they will pursue these; however, there may be a need to address this in the code as a six foot fence is allowed with no variances. The Mayor questioned the status of the Interlocal Agreement with Pinellas County regarding planning districts. She also questioned the status of an ordinance that would require two clerks in 24 hour convenience stores and the massage parlor ordinance. Commissioner Winner questioned the status of the Coronado Hotel as the time limit for substantial improvements has expired. The Mayor reported there had been a fire in a unit at Hacienda Gardens and questioned the status of its security. Commissioner Regulski questioned the Florida Orchestra not performing the 4th of July concert, and it was indicated the contribution of $10,000 had not been specific to what performances would be provided. A request was made that in the future this be more specific as it is a desire the Florida Orchestra perform July 4th. Commissioner Regulski reported that in the State's transportation improvement program, projects for improvements to Bayshore and the construction of the Countryside overpass have been pushed back. He stated there is money showing for the Sand Key bridge, however, it is indicated as Little Pass and stated the County will be obtaining the right of way. He requested this be clarified with the DOT. He questioned the status of a report regarding the feasibility of waiving or, in some other manner, forgiving the impact fees for Everybody's Tabernacle. The City Manager is to report. Commissioner Fitzgerald requested the Manager include in his clarification to DOT a reminder that Mr. Kennedy, with the Dept. of Transportation, had indicated some action would be taken to improve the bottleneck situation at the intersection of S.R. 580 and U.S. 19. The meeting adjourned at 11:25 a.m.