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10/02/1989 CITY COMMISSION WORK SESSION October 2, 1989 The City Commission of the City of Clearwater met at City Hall, October 2, 1989 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 M. A. Galbraith, Jr. City Attorney Cynthia E. Goudeau City Clerk The Mayor called the meeting to order at 9:01 a.m. and the following items were discussed. Clearwater Housing Authority Annual Report Howard Groth, Chairman of Clearwater Housing Authority, introduced Ernest Carson, another board member and Deborah Vincent, Executive Director. He stated that HUD has recognized Clearwater Housing Authority as Performa. A question was raised regarding the waterproofing and painting of Barbee Towers and it was indicated that the last time this had been done was eight years ago. A question was raised regarding whether or not the structural report indicating the building is susceptible to high winds was ever addressed. Deborah Vincent indicated that the building will be evacuated in a hurricane or storms with 55 mph or more winds. Mr Groth reported that the Housing Authority is in good shape financially and has a few minor complaints. In response to a question, it was indicated that the Housing Authority has a 97% occupancy rate with Condon Gardens being the lowest with 88-92%, due to difficulty in filling four bedroom units. Some of the four bedroom units have been converted to one, two, and three bedroom units and Condon Gardens is still fighting negative images. In response to a question regarding converting additional four bedroom units, it was indicated that there is no funding for this change. Discussion ensued regarding actions taken for tenants with drug arrests and the executive director indicated there needs to be a resolution regarding arrests versus conviction and that only the family member charged is evicted. In response to actions taken for delinquent accounts, the executive director indicated that they tried to work with the residents and they have few evictions for non-payment. Mr. Groth thanked the City Commission and staff for the support given to the Housing Authority and he stated he was pleased with the anti-drug program. Fire Protection Services Contract Legislation was adopted that created the Pinellas County Fire Protection Authority. The authority, which is the Board of County Commissioners, was given responsibility to provide fire protection in the unincorporated areas of Pinellas County. Fire districts were established and compensation was provided to the local fire departments assigned the responsibility for that particular county fire district. The Pinellas County Fire Authority has established a two year contract with the communities providing fire protection. The Clearwater Fire Department County Fire Protection Budget is $6,611,730.00 of which approximately 15.5% is paid by the fire protection authority. A concern was expressed that the agreement had lapsed two weeks earlier. The city manager responded that the county had just gotten the agreement to the City on September 13, and staff did not have time to place it on the September 21st meeting. Fuel Tank Replacement - City-owned Service Station There are three 4,000 gallon tanks and one 3,000 gallon tank for fuel dispensing which are at least twenty years old at the Clearwater Beach city-owned service station. Due to state regulations, these tanks must be replaced prior to December 31, 1989. The only bid received was for $50,000.00. The marine department has budgeted $40,000.00 for this project. To make up the estimated $10,000.00 funding shortfall, staff recommended to provide a first quarter budget amendment to transfer $10,000.00 from the marina building renovation fund into the project, leaving an unencumbered renovation fund balance of approximately $23,000.00. A question was raised regarding whether or not there is enough business at the city-owned service station to justify expending the money to replace the tanks. It was indicated that interest has been expressed and that the residents on the beach want a full service station on the beach. Further discussion ensued on how quickly the $50,000.00 would be paid back through the service station lease. A question was raised regarding taking money out of the capitol improvement budget for marina renovations to replace the gas tanks in light of the fact that in order to replace the roof at the marina, the slip rates are being raised. Further discussion ensued regarding the funding mechanisms for this tank replacement in connection with the suggested slip rates at the marina. It was also questioned whether or not it would be more profitable to put another facility here instead of a gas station. Marina Slip Charges In 1983 the decision was made by the City Commission to change the manner of slip rental rates from a per-slip boat charge to a per-foot charge. For boats moored at slips larger than the boat, a policy was established that the rate would be kept at no more than 75% of the maximum slip rate. In 1987, the harbormaster recommended that the 75% rate cap be increased incrementally by 5% per annum for a five year period until the full 100% rate was reached. In August of 1987, the former city manager approved an overall rate increase for all slips and an additional 5% increase in the slip accommodation rate cap affecting the 5% increase in the slip accommodation rate. Another rate increase was approved in 1988 by the current city manager. In 1989 the harbormaster conducted another survey and recommended a slip rental rate increase of 11.9% for private, 13% for commercial party boats, 8.3% for transient slips and an increase of 5% to the slip accommodation rate cap. These rates were approved by the city manager and implemented October 1, 1989. Since that time, the harbormaster's office has registered seven complaints from private vessels and no complaints from commercial tenants. Concerns have been expressed by commission members regarding the rate increase and it was requested that this item be brought forward for discussion. Bill Held, harbormaster, reviewed the history of the rate increases. Discussion ensued regarding options to consider for this. The consensus was to leave the $10,000.00 in the capital improvement project; to initiate a surcharge to non-residents renting slips; to further increase the transient rate and to initiate a 2 or 3% across the board increase. Further discussion ensued regarding an effort to remain competitive with other slip rental rates in the area and what action should be taken by the Commission. Additional concerns were raised regarding the beach gas service station tank replacement and it was requested that information be provided regarding costs for just removing the tanks and costs for filling and abandoning the tanks. It was indicated that should any contamination be found, additional dollars may need to be spent for the tank removal and/or replacement. Good Life Celebration/Games Good Life Games were initiated in Clearwater over ten years ago and Barnett Bank became involved as a major sponsor in 1984. The event has grown and is now supported throughout the county by St. Petersburg, Largo, Dunedin, Madeira Beach, Gulfport, Safety Harbor and Clearwater. Events include softball, shuffleboard, horseshoes, etc. Clearwater, like other cities, provides facilities and man power. Some of the events are sanctioned by the United States Senior Olympics and many local participants qualify for the Olympic program through these good life games. The good life celebration games has grown to be one of the most recognized senior events throughout the nation. The indemnity agreement is being requested by Barnett Bank and Times Publishing Company as they do not want to be held liable for claims concerning use of city property over which they have no control. Concerns were expressed regarding whether or not other cities were being requested to provide the same indemnity agreement and whether or not this increased our liability. It was indicated that this does not increase our liability and staff will find out whether or not other cities are requested to do the same. A question was also raised regarding whether or not participants in the games sign a hold harmless waiver and the Parks and Recreation Director will respond. Aluminum Retaining Walls at Kapok Forest Subdivision and Live Oak Estates The work proposed at Kapok Forest Subdivision is to install approximately 62 lineal feet of aluminum sheet pile retaining wall along the bank of Alligator Creek. This is to ensure the structural integrity of two sanitary sewer manholes which have become exposed due to bank erosion. The work in Live Oak Estates subdivision is to install approximately 28 lineal feet of aluminum sheet pile retaining wall and 109 lineal feet of 15" polyvinylchloride pipe adjacent to Lake Spencer. The existing metal pipe is severely corroded and has failed at several joints. The drainage pipe is located outside the drainage easement and failures have caused private property damage. The proposed work will be rerouted and installed within the easement. The aluminum retaining wall is required to prevent bank erosion and siltation caused by storm water outfall. In response to a question, Bill Baker, Public Works Director, indicated that this is not part of the program to address the flooding problems. It is an effort to abate erosion of the creek and to secure manholes that are in precarious situation. Contract for Parking Lot Attendant Services at parking lots on Clearwater Beach This is the first contract extension authorized by the initial specifications for bid. The current vendor has agreed to extend the contract with no price increase. The specifications consist of two parts. Part one is an administrative cost which includes uniforms, insurance, workers compensation, supervisory and all overhead costs. This will be a fixed amount for the period of the contract. Part two is the man hour cost which is the rate applied to the cost of salaries and other expenses related directly to the number of hours an attendant is on duty. A request was made that staff investigate a parking system that is operating in a state park in Tallahassee in which money is placed in an envelope and a stub is placed on the dashboard. In response to a question regarding where this expenditure is in the budget, the Administrative Services Director indicated that it is under contractual services. A request was made for an update on the revenue from these lots. State Funding for Executive Airpark Projects - Res. 89-53 The Florida Department of Transportation has requested a resolution from the City stating that the City intends to fund the Airpark improvement project set forth in the FDOT work program for fiscal years 1989-90 and 1990-91. The proposed resolution states the City's intention to fund the projects identified for Clearwater Executive Airpark in the FDOT work program for fiscal year 1989-90. The resolution assures the state that the City will require state participation to finance the airpark's capital improvement needs and that the City of Clearwater will provide funds for the local share of these projects through the city's fiscal year 1989-90 capital improvement program. The city manager reported that this starts the process for funding of the improvements at the airpark. In response to question, it was indicated that we will obtain funds from the state and our matching funds will be through a special development fund loan to be paid back through airpark revenue. Town Meetings Commission practice is to schedule four town meetings at various locations throughout the city for each fiscal year. Staff has developed a schedule and recommends that the meetings be held at the Memorial Civic Center on Tuesday, October 24, 1989; Martin Luther King Center, Tuesday, October 21, 1989; Morningside Recreation Center, Tuesday, March 27, 1990; and Countryside Library, Tuesday, April 24, 1990. Concerns were expressed that there may be a conflict with the meeting on October 24. This will be addressed at the meeting Thursday night. Land Development Code Amendment to Section 136.022 to establish standards for Off-Street Parking on Residentially Zoned property This is receipt and referral of an item that was prepared at commission direction. An amendment to the land development code was requested in order to provide for non-commercial parking lots in single-family zones. The proposed ordinance would allow these lots within single-family zones as a conditional use upon approval by the Planning and Zoning Board. The use will be limited to over flow parking. Discussion ensued regarding whether or not the proposed ordinance goes too far as concerns were expressed that this will prohibit parking in multiple-family zones as is now allowed. It was suggested that the ordinance be amended to allow for non-commercial parking in single-family districts with very strict rules limited to over flow parking, restricting access and requiring special landscaping. Consensus was for the ordinance to be revised. Petition for Annexation and RS-8 Zoning for a parcel located at the southwest corner of the intersection of Highland Ave. and Grove Circle The property is presently developed as a single-family residence which is being used as an adult family care facility with five residents. Once the annexation is complete, the owner proposes to seek a level one group care conditional use in order to provide for six to ten clients. A question was raised regarding how the city's ability to enforce its separation requirements will be affected with the state law now requiring less. The Planning and Development Director indicated this is being evaluated. Variance to the Separation Requirements for Sale of Alcoholic Beverages for Fritz's Market located at 490 Mandalay Ave. The applicant is requesting permission for package sales of beer and wine within five feet of a residential zone. A question was raised regarding whether or not a variance from a similarly licensed establishment was needed and it was indicated that this was not the case. Housing Rehabilitation Loan to Clearwater Neighborhood Housing Services The Clearwater Neighborhood Housing Services provides housing rehabilitation and economic development services in the north and south Greenwood area. The CNHS program is a public-private partnership. As part of the private support, Fortune Savings Bank has donated a vacant house at 1041 Madison Ave. It is the intent of the CNHS to rehabilitate this house and sell it. Money made beyond the cost of the rehabilitation will be used to help fund the CNHS operation. CNHS is not authorized to make a loan to itself with housing loan funds and does not have other funds available to pay for the rehabilitation. The rehabilitation of the house should take three to four months. CNHS will repay the loan upon sale of the house and in no case, later than 12 months after the issue date of the city check. In response to a question, it was indicated that it has been determined the house can be rehabilitated. A question was also raised regarding out of what fund the loan would be taken and it was indicated that this is being researched. State of Florida Department of Community Affairs Review of Clearwater's Comprehensive Plan - Work Session Discussion The city has received the State of Florida Department of Community Affairs review of the comprehensive plan. Their report contains numerous objections of a detailed or technical nature which can be corrected prior to adoption with little or no substantial affect on the overall plan. However, policy 21.5.1 of the coastal management element needs to be rewritten as it is unacceptable to the DCA. The policy addresses rebuilding of structures located in the coastal high hazard area. Most of the pages of objections are requirements for greater specificity and stating objectives of policies. Terms such as encourage or support will have to be accompanied by examples of actions the city will pursue. The city should also include specific policies and standards to guide implementation of the concurrency management system. This system will ensure the principal of concurrency is achieved in the exercise of the city's land development permitting authority. The concurrency management system must be included in the revisions to the land development regulations to be adopted by May 1990. Questions were raised regarding how the coastal management element dovetails with the federal emergency management agency ordinance and regulations. It was indicated that the DCA will not allow the determination to be made upon habitable floor area but rather a monetary determinate for rebuilding in case of disasters. Concerns were expressed regarding eliminating units of density on the beach and it was suggested that staff be allowed to work with the attorneys to come up with acceptable language. It was stated that administrative procedures regarding how to handle the issues should someone raise a "taking" issue need to be established. It was again stated that the concurrency management plan and amendments to the land development code to bring it in to compliance with the comprehensive plan, will need to be adopted by May 1990. Other City Attorney Items The City Attorney reported that a picture of him in the Tribune, along with an article, seemed to indicate that he was in opposition to the Street Scape Program on Cleveland Street. He noted that a photographer happened to be in the area as he was picking up a brick that seemed to be out of place. He stated he is not in opposition to the project. Verbal Reports The City Manager reminded the City Commission that the new police department communication center would be dedicated at 8:30 a.m. on October 16, 1989. He reported that the city hall fountains have been turned back on as SWFWMD as removed the restrictions regarding outdoor fountains. Other Commission Action Commission Regulski questioned the status of the wave runners at the Holiday House. It was reported that this will be coming to the Code Enforcement Board. He stated that the new atlas as drawn is an improvement, however, he requested that some indication be made on the atlas of those streets that are private. Commissioner Fitzgerald stated, in light of Hurricane Hugo, he would like to meet and receive background regarding emergency operations for the City Commission. The meeting adjourned at 12:42 p.m.