Loading...
01/02/1990 CITY COMMISSION WORK SESSION January 2, 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 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. Six service pins were awarded. Award contract to Bob's Quality Mowers, Clearwater, FL, for the purchase of 7 Gravely Professional Riding Tractor-Type Lawn Mowers, at a total cost of $29,148.00. These units are to replace Parks and Recreation mowers that have deteriorated beyond economical repair. Concerns were expressed regarding whether or not these mowers had worn out too quickly. Staff is to respond. Award contract to Oaks Wholesale Distributors, of Rockledge, FL, for the purchase of 250 Safariland III Model 70 Holsters for Smith and Wesson 659 and 669, 9mm semi-automatic pistols at a total cost of $12,125.00. In August, 1988, the City Commission approved conversion of Police Department firearms to 9mm semi-automatic pistols. A problem has surfaced in that the weapons sometimes fall out of the holster when the officer is involved in a foot pursuit or a struggle situation. Furthermore, suspects have attempted to take the officer's weapons during confrontations and the weapon was too easily removed from the holster. Staff is recommending purchase of new holsters which were not available at the time of the original purchase of the 9mm weapons. These holsters have been tested and no weapon has fallen out on its own nor any weapon removed by any hostile force. In response to questions, it was indicated the City would attempt to sell the original holsters. A demonstration was done by Officer Birch. The Police Chief stated this is a high security holster but is also good for quick draw if needed. Award contract to Hartwell Fence South at an estimated cost of $13,160.00 for the purchase of fencing at Jack Russell Stadium. This purchase will provide for the installation of new fencing to enclose the expanded grandstands, visitors clubhouse, ticket booths, etc. The fencing was an anticipated expense and included in the original estimates. In response to a question, it was indicated this is replacing existing fences as well as installing new fencing. A question was raised regarding what would happen regarding the City's agreement should the Phillies be sold. It was indicated the contract is with the corporation not with the individual owner. Award a Contract to Purchase 24 Transyt Model 1880E Controller Assemblies from Transyt Corporation, Tallahassee, at a cost of $105,264.00. The County-wide computerized signal system project requires a replacement of a number of Clearwater's traffic signal controllers. Most of these replacements have been made. It was recently determined that due to compatibility requirements an additional controllers need to be replaced. The cost of the this equipment will be reimbursed to the City by Pinellas County following receipt of the equipment. A question was raised regarding what happened to the old controllers. It was indicated they will be surplused of dismantled for parts. Award the Contract for Bayshore Blvd/Tampa Bay Water Treatment and Drew Street Stormwater Treatment Project (89-9) to Suncoast Excavating, Inc. of Ozona, FL for the sum of $76,710.00. As a condition for issuance of a permit for the Drew Street Extension Project, the SWFWMD required construction of two water quality areas. This will include the construction of a new stormwater treatment basin at Drew Street and Bayshore Blvd. and a the modification of an existing treatment basin west of the Eddie C. Moore Complex. These areas will include water quality enhancement features such as littoral shelves, an oil skimmer, plants and control structure adjustments. It was indicated the skimmers are weir devices. In response to a question regarding whether or not this would also be used on the Pierce Street basin, it was indicated staff is considering other things in the pond upstream from that basin. Ratify and Confirm the City Manager's Approval under Emergency Conditions of the Change Order, dated December 11, 1989, increasing the contract to Kleen All of America, Inc. by $23,552.00 for a total of $47,213.00 to complete asbestos removal at the Clearwater Beach Recreation Center. The contract for Kleen All of America for asbestos removal at the Clearwater Beach Recreation Center was approved by the Commission in December of 1989. Since starting work, the contractor discovered the asbestos contamination is more extensive than the original bid proposed. The recreation center provides vital service to the citizens and the time delay required to obtain approval from the Commission through the normal process would put the facility out of service for too long a period. Therefore, the Manager approved the emergency change order. Concerns were expressed regarding the building plans no t showing this and it was indicated the plans were sketchy and the building was at least 30 years old. Approval and Submittal to Local Delegation of Final 1990 Legislative Package. City staff has drafted the 1990 legislative program for the City of Clearwater. The local bill being requested by the City is the claims bill in the Michael Kenton ethics case. A question was raised whether the County is supporting us in this and whether or not money was being spent in this regard. The City Manager also indicated we are requesting accelerated funding on Clearwater Pass Bridge. In response to a question, it was indicated the Police Department is supporting the issue on the prohibition of the sale of cold alcoholic beverages. Questions were raised regarding it being a State-wide law instead of a County bill and it was indicated staff wished to pursue at the State level first. If it did not work there, they would pursue it on a County level. Consensus of the Commission was to pursue it as a State-wide bill. In response to a question, the Police Chief indicated that luring a child to a vehicle is a significant concern. There are issues that need to be addressed and the Chief emphasized there will need to be probable cause before any arrests are made. In response to a question regarding mandatory blood withdrawal for sexual battery victims, it was indicated that while there had been a recent court case that the DNA test was declared invalid, there are others where they have been used effectively. Questions were raised about the emancipation for certain juveniles bill and the Police Chief indicated this is a social problem which becomes a police problem. It was indicated that while they may be emancipated, they would remain under the court's jurisdiction. A question was raised regarding habitual runaways and it was indicated that we do have runaway homes but no orphanages in the area. In response to a question regarding the need for the bill regarding return of rental vehicles, the Police Chief indicated this is addressing when the rental company must declare the car stolen, as currently the Police Department is doing work that the rental company should be doing. Petition for Annexation, RS-8 Zoning and a Land Use Designation of Low Density Residential for a lot located at 3037 Virginia Ave., Bayview City Subdivision, Blk 2, Lot 4, (Community Homes, Inc.) A 89-23 LUP 89-18. A question was raised in connection with the Land Use Plan amendment regarding the status of the interlocal agreement with the County. The City Attorney indicated it is currently being reviewed. The Planning Director indicated he felt it would be signed within a month or two and staff was proceeding with the necessary Land Use Plan amendments. Preliminary Master Site Plan for Carlisle Motors located at 2085 Gulf-to-Bay Blvd., M&B 42.01 and Bamboo Resub., Lot 1 (SDS Investments) PSP 89-37. The applicant is proposing to increase the floor area of the Carlisle Motors dealership. This site plan is a master plan for the redevelopment to be accomplished in five phases. It was indicated this site plan causes no problems with concurrency and it does not include the piece recently rezoned. A question was raised regarding condition #4 which addresses the need for right-of-way and a drainage and utility easement. Preliminary Subdivision Plat for Lokey Oldsmobile Used Cars (The Bank, Florida Bank of Commerce site) located at 2336-2363 Gulf-to-Bay Blvd., M&B 31.04 (SUB 89-12). The proposed two lot subdivision is related to the site plan for Lokey Used Cars, a redevelopment of the existing parking lot located on the west side of the Bank, Florida Bank of Commerce site into a used car business. In response to questions, it was indicated this does not make the Bank property nonconforming and does not result in additional driveways on Gulf-to-Bay Blvd. It was also indicated landscaping provisions would have to be met. City of Clearwater Local Relocation Policy for residents displaced by federally funded activities. The U.S. Department of Transportation published a final government-wide rule implementing the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. Under the new statutory changes and new rule, all persons displaced as a result of rehabilitation, demolition, conversion or acquisition for a HUD assisted project are entitled to relocation payments and other assistance under the URA. The City's relocation policy has been revised to meet the new federal requirements. Major changes include providing relocation benefits to any person displaced by activities funded with federal dollars, providing relocation benefits on an area-wide basis, providing relocation benefits to any person displaced by activities funded with federal dollars who is living in the unit when activity is to take place. and providing increased relocation benefits as to new URA allowances. In response to questions, it was indicated to fund this policy will be allocated with the projects that will require the relocation. It was indicated we may be using relocation within the next year but it has not been used extensively to this point. Land Development Code Text Amendment addressing Family Care FAcilities, Group Care Facilities and Homeless Shelters. During the 1989 legislative session, a law was passed that affects the family care and group care facilities which necessitates amendments to our Code. The Commission has expressed an interest in broadening the opportunities to locate facilities in Clearwater that provide temporary shelter for the homeless. Major changes included in the proposal are: 1) family care is redefined to change the number of cared-for persons from five to six; 2) Level I care is redefined to change the number of cared-for persons from 6-10 to 7-14; 3) Level II group care is redefined to change the number of cared-for persons from 11-20 to 15-20; 4) residential shelter is defined as a non-profit service providing a place of temporary residence to homeless persons or families; 5) foster care is defined as care provided a child in a foster family or a boarding home, group home, agency boarding home or child care institution; 6) foster care will be allowed in accordance with the citing and licensing requirements of the Department of Health and Rehabilitative Services; 7) Level I group care will no longer be provided for in single family zones; 8) residential shelters will be allowed as conditional uses within Multi-family, Limited Office, Neighborhood Commercial, General Commercial, Highway Commercial, Urban Center, Limited Industrial and Public/Semi-public; 9) Level I group care is changed from a conditional use to a permitted use in multiple family zones; 10) separation will be measured from structure to structure rather than from property to property; and 11) parking for residential shelters will be required on the basis of one space per 6 residents based on maximum design capacity. Two items to be noted are that in the draft, the separation requirement between family care facilities has been lessened from 1200 feet to 1000 feet and that by changing the method of measuring the separation distance will result in the maps that the Planning and Development Department has maintained identifying separation will become obsolete. A question was raised regarding why the City needs to measure from structure to structure, and it was indicated this was required by the State statute. It was indicated many of the changes are being made to coincide with State law. Discussion returned to the measurement of the separation distance and it was indicated it would be measured from family care facility to family care facility within the single family zoning district. In response to a question, it was indicated that we would require the 1000 foot separation distance between all facilities. Commission consensus was to forward the draft to the Planning and Zoning Board. City Manager Verbal Reports. The City Manager reported he is requesting the false alarm ordinance be continued to January 18th. The status of Pinellas Trails was discussed. It was indicated the final routing through Clearwater will come to the City Commission for approval. Ream Wilson, Parks and Recreation Director, indicated there are two options. One is to allow the trail users to choose their own way through Clearwater or for the Commission to designate a route. This will be a future agenda item. Concerns were raised regarding safety issues and it was indicated that this is being addressed. It was reported that a bicycle trail with a separate pedestrian trail is now being considered. It was also reported the County will do all maintenance on the trail. It was indicated is working with Ned Baier of the County and status reports to the Commission will be scheduled. The City Manager reported the Fire Department is offering CPR training and if Commission members wish to go, they should notify the City Manager. The City Manager questioned whether of no t the Commission wished to have a special work session on the beach traffic management plan. Consensus was to allow the Commission to receive the report and then decide whether or not they wish to have a separate meeting. A question was raised regarding the status of a proposal to construct a marina on Island Estates by a private company. Mike Wright, Assistant City Manager, indicated he planned to bring this to the Commission at the next meeting. Consensus of the Commission was for nothing to come forward at this time. Other Commission Action. Commissioner Fitzgerald reported regarding the County looking at the sign code with concerns being raised regarding controlling billboards and signs in enclaves. It was indicated there are two issues. One is sign control within the City's planning district and whether or not there should be a moratorium on County signs. The City Manager is to prepare a letter for Commission review. Commissioner Winner expressed concerns that the buildings for the waverunner operation by Mark Robinson were still on the beach. It was indicated that Mr. Robinson came before the Development Adjustment Board and it was indicated City policy is to allow an individual to have the opportunity to appeal. Discussion ensued regarding code enforcement and it was indicated prevention was needed for the construction of illegal buildings. The City Attorney indicated the City has limitations on powers in dealing with privately owned property and due process must be provided. A question was raised regarding whether or not they would allow Mr. Robinson to lease City property. Consensus of the Commission was this would not be allowed. A request was made that a status report regarding code inspection be provided. The City Manager reported weekend inspections are being done and the City is being divided into districts in order to assign inspectors to a particular area of the City. He stated we are becoming more pro-active in that inspectors are being cross-trained for multiple inspections. It was indicated a report would be given at the special work session on January 8th. A question was raised regarding whether or not the occupational license o f an individual found guilty of laundering money could be pulled. It was indicated a computer program is being purchased to track these types of violations. A question was raised regarding the Public Information program and what is being accomplished. Michael Wright, Assistant City Manager, indicated cable programming is on-line to begin the first quarter of this year and that a newsletter to civic groups will be coming out shortly. Concerns were expressed that there was not obvious improvements in the program. Concerns were raised regarding the rolling blackouts that occurred over Christmas due to the extreme cold weather and the demand for power. It was indicated that backup generators did not work and this will be investigated. The meeting adjourned at 11:31 a.m.