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01/16/1990 CITY COMMISSION WORK SESSION January 16, 1990 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 Richard Fitzgerald Commissioner Lee Regulski Commissioner William Nunamaker Commissioner Also present were: Ron H. Rabun City Manager M. A. Galbraith, Jr. City Attorney Cynthia E. Goudeau City Clerk The meeting was called to order at 9:11 a.m. 11 service pins were awarded. Dave Curtis of the Finance Division of the Administrative Services Department was awarded the Certificate of Achievement for Excellence in Financial Reporting by the Government Finance Officers Association. The following items were discussed: Status of Dunedin Pass The Mayor stated the purpose of this discussion was to see if there was any change of direction to be given to staff. It was indicated that the question on the referendum which passed was that if environmental concerns were addressed, were people in favor of opening Dunedin Pass. That has not changed. If environmental conditions determine it is not wise to open the pass that would be supported. It was stated the County is now proposing a new pass through this area and a new application is being considered. Discussion ensued regarding the filling of the pass and the impact on Clearwater Harbor. Concerns were expressed that as the fill continues, the waters will become unnavigable as well as degrade in water quality. It was stated that other passes in the area are dredged on a regular basis. In response to a question regarding the effect of Dunedin Pass on Clearwater Pass Bridge, it was stated if the bridge can go no higher than 65' in order to accommodate higher masts, the City would have to install a bascule bridge. In response to a question regarding water quality, it was stated that while test results have not been released, there have been indications that water quality is declining. Consensus of the Commission was to continue to support the program for opening Dunedin Pass. Status of Stevenson's Creek Project The City Manager indicated the City has the permits for Phase One. He stated we have worked with concerns and tried to address these matters. Bill Baker, Public Works Director, indicated the Stevenson's Creek Basin is a major drainage basin with two major tributaries, Sunny Lake and Lake Belleview. He reviewed the history of storms and the flooding that has occurred along the creek. In response to questions regarding if cleaning the creek would alleviate the problems, Mr. Baker indicated that while it might help, it would not alleviate the problem as the flooding is caused by restrictions in pipes under the streets. He stated staff looked at five different options and some of those solutions were more costly than economically feasible. He stated if there were no hard lining in the project, the creek bed would have to be widened to 110' which would result in displaced homes and businesses. This would result in a property cost of 13 million dollars. Mr. Baker indicated we have the permits necessary from the Southwest Florida Management District and the Department of Environmental Regulation. He stated that Stevenson's Creek is not a perfect creek. He reported that storms in the past have eaten out the banks and there is a sandy bottom with little or no growth. The project has as little environmental damage and as much environmental enhancement as possible. It was emphasized this is only Phase One and we will have the opportunity to address these concerns again in the future. Mr. Baker indicated when the entire project is completed, it will lower the 100 year storm level by 3 feet. Discussion resumed regarding cleaning the creek and it was indicated the City did not have the resources to constantly maintain the creek. A question was raised regarding why the City could not send out notices of violation to people who are caught dumping into the creek. Mr. Baker suggested the County Environmental Agency has more muscle than the City and we be allowed to ask them to assist in this. This will be investigated. It was also emphasized the City does have environmental programs that it is working on through out the City. It was requested the staff report on a regular basis regarding the Stevenson's Creek project. A question was raised regarding whether or not a portion of Glen Oaks Golf Course could be re-excavated and made into a retention pond. It was indicated this would take up the center of the fairway. First Reading Ord.#4886-90 - relating to fire alarms and security alarms Staff has been working for some time to address the problems of false alarms in the City. Over ninety percent of the alarms answered by the Police Department do turn out to be false. Rob Surette, Assistant City Attorney, indicated the ordinance addresses both fire alarms and security alarms. The security alarms are the more controversial. He stated that article one of the ordinance is trying to eliminate false fire alarms. He reviewed the process that will be followed which would initiate with a courtesy warning and if the system is not fixed, a citation would be issued which would be taken to County Court with a possible fine of up to $500.00. He stated that article two addresses security alarms. He reported a large number of these security alarms are tied to telephone lines which contact a company who in turn contact the police department. He stated there are others that are audible and/or visible from outside the building which has the alarm system. The proposed ordinance will require registration of the alarm system. A courtesy warning would be sent after the first false alarm. Thereafter all notices of false alarm would result in a fee of $30.00. The individual cited has 15 days in which to pay the fine or appeal the citation for false alarm. If they fail to either pay or request an appeal, the permit for the alarm system will automatically be revoked. To continue to operate will be in violation of the City Code which could result in a $500.00 a day fine. He stated that all of this will be computerized and a dispatcher will know whether or not an alarm system has a valid permit. He stated the City will continue to respond on all occasions but a false alarm at a business or at a location with no valid system will be ordered to appear in County Court. In response to a question regarding whether or not the publicity regarding this ordinance has resulted in the decrease of number of alarms, it was stated the police department is still receiving over 4,000 a year. Public Hearing & First Reading Ord.#4916-90 - Vacating portion of Devon Dr., Replat of Bayside Subdivision, lying easterly of a line connecting the southerly common corners of Lots 6 & 7 and the northerly common corners of Lots 52 & 53 (Blakely V89-25) Approximately 75 percent of the property owners are requesting the vacation of Devon Drive. As a private street, the property owners desire to install a gate across the road to control access to the subdivision. In response to a question regarding why this is being considered if all the property owners are not in agreement, it was stated the application was filed and the application fee paid, therefore we are required to hold the public hearing. Direct staff to proceed with the acquisition of the CSX and Dimmitt Properties in the community redevelopment district Staff has been working to acquire two parcels of land in the community redevelopment district located adjacent to the police station and main fire station. The first parcel to be acquired is referred to as the Dimmitt property. Acquisition of the tract is proposed by exchanging property the City currently owns parallel to South Ft. Harrison Avenue provided the appraisals are approximately the same. The second parcel involves the purchase of five platted lots from the CSX railroad. The railroad originally offered to sell the .9 acres for $485,000.00. Staff countered with an offer of $372,500.00 subject to the approval of the City Commission. A subsequent appraisal of the CSX site placed the value of the land and building at $300,000.00. In response to a question it was indicated the City Commission would be buying this property for police parking not the CRA. It was reported this would resolve the parking problem. A request was made to clean up the Bilgore Site. Discussion regarding the proposal to construct a High and Dry Boat Storage Facility at the Seminole Docks A proposal has been made that the City lease property at the Seminole Boat Ramp for the purposes of allowing the construction of a High and Dry Boat Storage Facility. Questions raised regarding this matter revolved around whether or not competitive bids would be required and whether or not a referendum would be required in order to lease this property. The City Attorney's opinion is if the property is handled through a license agreement no referendum would be required. It was also stated that no bidding would be required as the land is not to be sold. Staff is requesting direction from the Commission. If the Commission authorizes staff to proceed, they will bring back legal documents for Commission approval. In response to a question, it was indicated the difference between a license agreement and a lease is that in a license agreement the agreeing party has no property interest. Commission directed staff to proceed to develope a license agreement for this property. Goals and Policies The Commission has been reviewing their policies over the past few months. The remaining issues involve; application fee waivers for PACT and Commission Travel. In regard to the application fee waivers for PACT, a question was raised regarding the parking lot at St. Petersburg Junior College as CC policy #1 establishes that application fees will be waived for other governmental agencies. Staff researched this question and found the College paid $1,460.00 for the building permit fee. Consensus of the Commission was to refund this money to the Junior College and the policy regarding waivers for governmental agencies remain. A question was raised regarding governmental property leasing to a third party. It was indicated the waiver would be based on the party requesting the permit. Discussion ensued regarding the Commission Travel Policy as the City Charter, the Administration Code and this policy seem to conflict. Staff recommends the Commission adopt a policy which repeals section 21.01 of the City Code and rely on the provisions of section 112.061 of the Florida Statutes. Under the statute, Commissioners and employees are reimbursed for mileage for authorized daytime travel within the City necessarily incurred in the performance of duties. For travel outside the City, daytime or overnight, expenses are reimbursable subject to specific rules and limitations. Discussion ensued regarding how to handle this and it was stated the Charter provides for the collection of necessary expenses. Concerns were raised regarding documenting time for office duties and it was suggested that an allowance be provided. Staff is to research a flat fee for such travel. In response to a question, it was indicated if adopted this would be effective after the election in March. Public Hearing & First Reading Ord.#4917-90 - Amending land use element of the comprehensive plan for property located at eastern terminus of Seville Blvd. from None to Medium Density Residential (Clearwater Seville, Ltd. and AEL Partnership LUP88-11) The original application submitted in May of 1988 was for High Density Residential. Planning and Zoning approved the plan change to Medium Density Residential. The Commission tabled the ordinances at that time and recently brought them back from the table. The Pinellas County Land Use Designation on the parcel is low medium density residential, 10 dwelling units per gross acre. There are two alternatives. One, a recommendation of approval of the requested amendment with the further recommendation that any development be limited to the maximum permitted by Pinellas County in order that no County plan change would be required or Two, a recommendation of approval without the limitation which would require a County plan change. It was indicated the County Plan would cap this property at 10 units an acre. It was stated the County wide designations are being reviewed and the County applicable categories fit between those established by the City. In response to a question regarding how this would be controlled, it was indicated this property would need to be flagged on the map. Ord.#4912-90 - Revisions to Sec. 146 of the Clearwater Code relating to Flood Protection The City has been working for some time to address the flood plain regulations as established by FEMA and the State of Florida. Amendments to the ordinance are proposed as a result of input obtained at a public hearing in August of 1988 in response to the stipulations made in settlement of the lawsuits initiated by Fred Thomas and to reflect changes in Federal Regulations relating to manufactured homes. It was indicated that administrative policies regarding the enforcement of this ordinance have been developed. It was requested a statement that the cost of demolition would not be included in the value of the improvement be included in the ordinance. In response to a question regarding how to handle the wide range of possible cost, it was indicated we have an average cost per square foot that is used. It was requested dumpsters also be excluded from the value of the improvement. Revalidation of and Amendment to Final Site Plan for Arbor Office Center Phase III located at 1317-1319 US 19 S (PSP81-06) The applicant is requesting approval of the revalidation and amendment to the Site Plan for the last phase of the Arbor shoreline office center development. This phase involves the construction of two four-story office structures with a penthouse above the fourth floor and a parking level below the first floor. The project loads all of its traffic onto US 19 which is a principal arterial highway operating at level of service F. It is a back logged facility. In the comprehensive plan the City has committed to maintain conditions on this road. The developer should establish a preferential parking program for car pools and van pooling and encourage offices to stagger work hours. The developer is agreeing to traffic mitigation conditions being added to the site plan at this time. In response to a question, the Planning and Development Director indicated he would look at encouraging connections to access the traffic light at Harn Boulevard. It was indicated that the developer documented enough costs to justify this project as a vested project. Ord.#4942-90 - relating to the Clearwater Code Enforcement Board; amending Sec. 22.61 to provide for an alternate member A question was raised regarding whether or not an alternate member is needed for the Code Enforcement Board. Concerns were expressed that an alternate member would become frustrated if they were not allowed to participate in the proceedings. It was the consensus of the Commission to pull this ordinance from the agenda for Thursday night and allow the City Clerk to discuss this with the Code Enforcement Board. Other City Attorney Items The City Attorney requested concurrence from the Commission to allow the Ethics Commission to use the City Attorney's name in the opinion regarding whether or not it would be a conflict of interest for gas division employees to bid in the sale of the gas division. The City Commission indicated no problem with this. Verbal Reports The City Manager stated he would be extending the airpark fixed space operator lease and would be bringing this back to the Commission on April 5th or 19th. Consensus of the Commission was to okay the extension. Other Commission Action Commissioner Regulski questioned whether or not the City Commission wished to address the Clearwater Area Strategic Traffic Plan showing Druid Road through Seville as a four lane divided. Mayor Garvey questioned where funds collected for the City clearing properties were deposited and it was indicated these funds go in the General Fund. The meeting adjourned at 12:05 p.m.