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05/02/1991 CITY COMMISSION MEETING May 2, 1991 The City Commission of the City of Clearwater met in regular session at City Hall, Thursday, May 2, 1991 at 6:00 p.m., with the following members present: Rita Garvey Mayor/Commissioner Sue Berfield Vice-Mayor/Commissioner Lee Regulski Commissioner William Nunamaker Commissioner Richard Fitzgerald Commissioner Also present: Michael J. Wright City Manager Richard Hull Assistant City Attorney William C. Baker Public Works Director James Polatty, Jr. Planning and Development Director Cynthia E. Goudeau City Clerk The Mayor called the meeting to order and led the Pledge of Allegiance. The invocation was offered by Father Ted Costello of the Light of Christ Catholic Church. In order to provide continuity for research, the items will be listed in agenda order although not necessarily discussed in that order. III - Service Pin Awards. Two service pins were awarded to City employees. IV - Introductions and Awards. Proclamations: A. Emergency Medical Services Week - May 12-18, 1991. B. Older American Month - May 1991. C. Salvation Army Week - May 13-19, 1991. V - Presentations - none. VI - Minutes of the Regular Meeting of April 18, 1991 and Special Meeting of April 15, 1991. Commissioner Fitzgerald moved to approve the minutes of the regular meeting of April 18, 1991, and the special meeting of April 15, 1991, as recorded and submitted in written summation by the City Clerk to each Commissioner. The motion was duly seconded and carried unanimously. VII - Citizens to be heard re items not on the Agenda. Howard Groth, Clearwater Housing Authority (CHA) Chairman, announced that the CHA had been selected to receive a substantial performance award from the Federal Department of Housing & Urban Development. He acknowledged and thanked the Commission and City Staff for their cooperation and support. Dan Andriso, Vice-President for Business Development of the Chamber of Commerce, reported on town meetings held regarding road projects and plans for the dedication of Station Square Park. He stated the Chamber hoped these type of activities would continue. VIII - PUBLIC HEARINGS ITEM #9 - Public Hearing & First Reading Ordinance #5096-91 - Vacating drainage and utility easement in Sec. 11-29-15 lying West of the CSX Railroad (UPARC Apartments, Inc. V91-02)(PW) The City has reviewed vacation requests from other property owners on this property on several occasions. On May 7, 1981, the Commission approved a vacation request subject to a new drainage easement; the owner refused to give the requested easement and the item was dropped. On March 7, 1985, the Commission again approved a vacation request, but the Ordinance (#4043-85) was tabled September 5, 1985. Two structures are currently constructed within the existing easements. The Engineering Division is requesting a 20 foot drainage easement over the existing creek. This easement should be accepted prior to second reading of Ordinance #5096-91. General Telephone and Vision Cable have reviewed this request and have no objections. Florida Power has no objections, providing a blanket easement is given to them to cover their facilities. Commissioner Regulski moved to approve the vacation request. The motion was duly seconded and carried unanimously. The Assistant City Attorney presented Ordinance #5096-91 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance #5096-91 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #10 - (Cont. from 4/4/91) Variances to Sign Regulations; for property located in Lokey Sub., Blk A, Lots 1 and 2 and Sever Park Sub., part of Lot 1 (Lokey Motor Co., Inc., SV91-07)(PLD) The City Manager reported the applicant has requested a continuance of this application until May 16, 1991. Commissioner Nunamaker moved to continue this request to the next regularly scheduled meeting of May 16, 1991. The motion was duly seconded and carried unanimously. ITEM #11 - Variance to Sign Regulations; for property (Iorio Keyboards) located in Forrest Hills Estates, Unit 5, part of Lot 6, 1225 S. Highland Ave. (Rainbow Lanes, Inc., SV91-08)(PH) To be Cont. to 6/6/91 A letter has been received from the applicant requesting a continuance to June 6, 1991. Commissioner Berfield moved to continue this item until the meeting of June 6, 1991. The motion was duly seconded and carried unanimously. Public Hearing - Second Reading Ordinances ITEM #12 - Ordinance #5072-91 - Annexing property (6.35 acres) at NE corner of intersection of State St. and Betty Lane, consisting of part of Lots 11, 12 and 18, E. A. Marshall's Sub. (City A90-14) The Assistant City Attorney presented Ordinance #5072-91 for second reading and read it by title only. Commissioner Regulski moved to pass and adopt Ordinance #5072-91 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #13 - Ordinance #5087-91 - Relating to LDC, amending Sec. 136.016, Code of Ordinances, regarding fences and walls The Assistant City Attorney presented Ordinance #5087-91 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5087-91 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #14 - Ordinance #5092-91 - Relating to LDC, amending Secs. 137.019 and 137.020, Code of Ordinances, to reduce quorum of Planning and Zoning and Development Code Adjustment Boards and providing for continuances when less than quorum is present at meeting of either board. The Assistant City Attorney presented Ordinance #5092-91 for second reading and read it by title only. Commissioner Nunamaker moved to pass and adopt Ordinance #5092-91 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. CITY MANAGER REPORTS IX - CONSENT AGENDA (Items #15-27) - Approved as submitted less Items #18 and #23. Agreements - Approved. ITEM #15 - Lease Agreement with Stone Buick for a three year period for the city-owned property located at 1165 Cleveland Street for monthly installments of $3,500 for a total of $126,000 (ED) Bids & Contracts - Awarded less Item #18. ITEM #16 - One-year auctioneering services contract from 5/3/91-5/2/92 to Davenport Inc., Clearwater, FL, to sell to the highest bidder at public auction all surplus vehicles and equipment for a 4.2% commission of gross sales (AS) ITEM #17 - Contract to replace 13,500 feet of 2" X-trube gas main within Woodvalley Subdivision with 2" PE gas pipe to Visk Construction, Inc., Ruskin, FL, at a cost of $54,875 (GAS) ITEM #18 - See page 4. ITEM #19 - Contract for purchase of one 4x4 Utility Jeep Vehicle to Bill Bryan Jeep, Inc., Mount Dora, FL, for $14,225.50 (GS) ITEM #20 - Contract for the construction of a restroom building on Clearwater Beach to Drac Construction Co., Safety Harbor, FL, for $13,483 (PR) ITEM #21 - One-year annual contract for the period 5/3/91-5/2/92 for the purchase of double detector check valve assemblies from Southeastern Municipal Supply Company, Sarasota, FL, for a total estimated cost of $49,370 (PW) Citizens & Staff Requests - Approved less Item #23. ITEM #22 - Sale and transfer of the remaining portion of Parking Lot Eight from the Parking Fund to the General Fund for $41,437.18 and authorize the use of legally available open space impact fees in the same amount for this purpose (AS) ITEM #23 - See page 5. Change Orders - Approved. ITEM #24 - C.O. to the contract with Misener Marine Construction, Inc. for construction of a 4" gas main on East Lake Road in the amount of $13,599.50 for a new total of $92,239.16 (GAS) ITEM #25 - (Cont. from 4/18/91) C.O.#8 to the contract for the Marshall Street Advanced Pollution Control Facility Project in the amount of $435,035, adjusting the total contract amount to $17,328,600 and amending the project budget to $18,350,000 (PW) CITY ATTORNEY Agreements, Deeds & Easements - Item #26 Accepted, Item #27 Continued. ITEM #26 - Easement deed for right-of-way - Portion of Lot 1, Longview Subdivision (Mobil Oil Corp.) ITEM #27 - First amendment of easements from Florida Power Corp. to City of Clearwater for water supply wells - Sec. 18-29-16 - Cont. to 5/16/91 Commissioner Berfield moved to approve the Consent Agenda as submitted less Items #18 and #23 and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #18 - Ratify and confirm the City Manager's authorization for the emergency purchase of roofing services to Simon Roofing, Tampa, FL, for $16,700.00 for roofing repairs located at the City Hall Annex and Fire Station No. 2 (GS) On Thursday, April 25, 1991, the City was struck with a sudden storm causing severe damage to its facilities. An inspection was conducted on Friday, April 26th, which revealed extensive roofing damage to both the City Hall Annex and Fire Station No. 2 on Clearwater Beach requiring emergency repairs. The City Hall Annex roof was ripped off and created projectiles which caused large holes in the roofing on the first floor. The large openings on the first floor of the Annex caused extensive flooding in the Planning & Development Department and water damage to its contents. Fire Station No. 2 suffered severe water damage to the dormitory area as well as its main bay area. The City's roofing consultant deemed these two facilities as requiring immediate emergency repairs. Commissioner Fitzgerald moved to ratify and confirm the City Manager's authorization for emergency roofing repairs to the City Hall Annex and Fire Station No. 2 to Simon Roofing, Tampa, Florida, in the amount of $16,700. The motion was duly seconded and carried unanimously. City Manager Wright reported that due to the April 25th storm, there is an excessive amount of debris in the City's rights-of-way and it will take some time to collect it. He said the crews are working overtime in a systematic fashion to clean up the City. Disposal fees are up significantly and $25,000 has already been spent. He requested permission to enter into a $28,000 purchase order with Kimmens Recycling Corporation to assist in expediting the clean-up. Discussion ensued in regard to the City's policy regarding commercial tree removal versus homeowner removal. Concern was expressed regarding commercial tree trimmers not removing the debris when they are required and have been paid to do so. Commissioner Regulski moved to authorize that the City enter into a purchase order with Kimmens Recycling Corporation in the amount of $28,000. The motion was duly seconded and carried unanimously. The City Manager reported that the Planning & Development Department is working overtime to issue permits needed for repairs as a result of the storm. They are also working in the field to assure licensed contractors are doing the work. Public Works Director Bill Baker reported there was excessive scouring at the Clearwater Pass Bridge due to the storm. He said the bridge is currently being analyzed and a complete report would be available next week. ITEM #23 - Establishment of a Rehabilitation Specialist position within the Planning and Development Department (PLD) The Rehabilitation Specialist has for many years been handled as a contract employee and is responsible for working with homeowners to prepare their work write-ups, handling bidding and overseeing jobs under construction for contract compliance. Under the term of the incumbent's contract, benefits such as vacation, sick leave and health insurance coverage have been extended. The Personnel Department is recommending this position be established as a permanent Civil Service employee with an entry salary of $21,648 per year which is the same pay grade currently applied to the contract employee. Funding for this position is derived from Community Development Block Grant (CDBG) funds and will continue. In the event CDBG funding is not available, this position will either be eliminated or will become an additional position of and funded through the General Fund. Deputy City Manager Kathy Rice said this position has been a contract position in the Planning & Development Department for the last ten years. She anticipates a continuing need for the position. It is the practice of the Commission not to contract for long periods of time. In response to questions, it was indicated there will be a test given for the position and benefits would begin at the time of employ and would not be retroactive. Discussion ensued in regard to the establishment of this position. The major objection to this action is that it is a "regression from privatization." Concerns were also expressed that once this is a permanent position in the pay plan it will increase in cost and result in less money being available for CDBG programs. It was felt using a contract employee to fill this position was circumventing the way the City does business. It was indicated it could be open to competitive bidding; however, concern was expressed this may result in a new employee having to be trained each year. Discussion ensued in regard to four employees being responsible for the entire CDBG program handling anywhere from $800,000 in program income to $2.5 million in private funding. It was indicated the rehabilitation process is very time consuming due to the volume of paperwork required. Discussion continued in regard to the amount of dollars expended for the present payroll and it was indicated HUD allows 20 percent of grant funds for administrative costs. Questions were raised if the establishment of the position would cost more in tax dollars as benefits would need to be provided and if the position is needed. No action was taken and consensus was to discuss this item during the budget process for fiscal year 91/92. X - OTHER ITEMS ON CITY MANAGER REPORT ITEM #28 - Parking in the right-of-way on Hamden Drive for Ann Esther Inn (PW) Mr. George Athens, representing the Ann Esther Inn located at the intersection of Hamden Drive and Third Street on Clearwater Beach, has requested that the City construct four parking spaces within the east right-of-way of Hamden Drive and its intersection with Third Street for the purpose of licensing such spaces for the exclusive use of patrons of the Ann Esther Inn. Mr. Athens desires the same type arrangement made five years ago between the City and the Sea Cove Motel, similarly situated approximately 300 feet south of the Ann Esther Inn. The existing contract with Sea Cove Motel is $15.00 per space, per month, payments of no less frequency than quarterly and 30-day termination by either party. The construction cost updated to 1991 costs equals $534.62 per space and would take 2.97 years to recoup. Four spaces for the Ann Esther Inn would cost $2,138.48 to construct and produce an income of $720.00 per year. George Athens said the Ann Esther Inn has been in business for 20 years and he would like the same arrangement regarding parking as the Sea Cove Motel presently has. He said the Ann Esther was not aware of the availability of this arrangement five years ago. Discussion ensued in regard to the City or the Ann Esther Inn being able to terminate the lease by written notification 30 days in advance of the effective date of termination; and the licensee being responsible for certain costs if the lease is terminated before payout for the parking spaces. Concern was expressed regarding the language in the lease regarding the 30-day termination and it was indicated this language needed to be changed. The City Manager expressed concern regarding leasing or licensing rights-of-way as they are given to the City for that specific purpose. He was also concerned regarding similar requests from others throughout the City. Some Commissioners expressed concern regarding setting a precedent. There was some discussion regarding activating the 30-day termination clause in the existing license agreement for the Sea Cove Inn. The consensus was to leave it as is for now but that it may not be renewed when it comes up again. Commissioner Nunamaker moved to approve the license agreement as amended by changing the language on page 2, No. 5, to "either party by written notice 30 days in advance may terminate the lease." There was no second. Commissioner Regulski moved to deny the request for a license agreement. The motion was duly seconded, and upon the vote being taken, Commissioners Regulski, Fitzgerald and Berfield voted "aye;" Commissioner Nunamaker and Mayor Garvey voted "nay." Motion carried. ITEM #29 - First Reading Ordinance #5098-91 - Cruising Control Ordinance (CM) The proposed "Cruising Ordinance" is an attempt to help alleviate traffic congestion on Clearwater Beach. It is an experimental ordinance that will automatically expire as of October 1, 1991. The four month test period should provide ample information as to whether or not an ordinance should be adopted on a permanent basis and how the cost of the additional enforcement effort can be funded. The proposed ordinance works in the following manner: 1) When traffic reaches a certain point of congestion on a given street, it can be designated as a "cruising restricted" street. Portable, temporary signs are erected by the Police Department and traffic control points are established; 2) After the traffic control points are established, a vehicle that passes through the control point has its tag number entered into a computer; 3) When a vehicle passes through the checkpoint a second time and its tag number is entered into the computer, the computer operator is alerted; 4) The computer operator radios a designated police officer who will be stationed at a strategic location down the street; 5) The police officer stops the vehicle for the purpose of giving notice to the operator and to each passenger in the vehicle. The notice, which may be oral or in writing, informs the operator and passengers that the ordinance is in effect and that a subsequent operation of the vehicle past a traffic control point within four hours of the initial observation shall constitute a violation of the ordinance; and 6) if the vehicle passes through the control point a third time, a citation may be issued to the operator. It will cost approximately $145.00 per hour to implement the ordinance requiring the services of five police officers and four police aides. It is recommended the Police Department budget absorb the additional costs with the understanding this was not a budgeted activity and future budgetary adjustments may be necessary. Nine citizens spoke in opposition to this ordinance indicating it was an infringement on their rights as U.S. citizens, would penalize beach residents who commute back and forth several times, would be very costly to implement and would create more traffic problems. Concern was expressed this ordinance was specifically targeted at the young people. They agreed there was a traffic problem on the beach and said it was due to over development and the closing of the parking lots and some of the streets. They requested the parking lots remain open and also to open the restrooms at the Pavilion. It was felt that it was sometimes necessary to cruise the beach in order to find a spot to park. Six citizens and representatives of the Chamber of Commerce, Clearwater Coalition of Homeowners, Clearwater Beach Blue Ribbon Task Force, and Clearwater Beach Association spoke in support of this ordinance. They indicated it would address the Number 1 problem on the beach which is traffic congestion at certain times. It would help to control those individuals causing havoc and help to address the noise problem. They expressed concern that if nothing is done to address the noise and traffic problem, the tax base would be destroyed as visitors would not return. It was pointed out that 90 percent of cruisers do not stop for pedestrians and 70 percent of them are not tourists or Clearwater residents. It was felt the current traffic control program on the beach is more restrictive. They also recommended opening the larger parking lots. Appreciation was extended to Chief Klein for his work on the beach and the City Attorney for the ordinance. The City Manager reiterated the purpose of this ordinance is to eliminate repetitive driving when there is a traffic gridlock situation. He said the paid parking lots at Pier 60 and the Adams Mark are open. The noise ordinance is being vigorously enforced with 500 citations having been issued during Spring Break. He said Chief Klein is confident he can enforce this ordinance at a cost of $24-$28,000 for the 4-month trial period. It was noted that a great deal of consideration was given to the legalities, enforcement, cost effectiveness and the impact on police resources in other areas if this ordinance is adopted. Concern was also expressed that in emergency situations on the beach during gridlock traffic, emergency vehicles can not get through. It was pointed out the purpose of this ordinance is not to ban cruising but to help alleviate the traffic problem. It was felt to be deserving of implementation on a trial basis. Commissioner Regulski moved to approve the cruising control program on a 4-month trial basis. The motion was duly seconded and carried unanimously. The Assistant City Attorney presented Ordinance #5098-91 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5098-91 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #30 - Neighborhood Advisory Committee - 4 appointments (CLK) It was requested this item be continued in order to get more nominees. Commissioner Fitzgerald moved to continue this item. The motion was duly seconded and carried unanimously. ITEM #31 - Historic Preservation Board - 2 appointments (CLK) Commissioner Fitzgerald moved to appoint Jean Stuart. The motion was duly seconded and carried unanimously. Commissioner Regulski moved to appoint Carol Whitehurst. The motion was duly seconded and carried unanimously. XI - Other Pending Matters - None. CITY ATTORNEY REPORTS XII - First Reading Ordinances ITEM #32 - Ordinance #5097-91 - Amending Secs. 22.80, 22.81, 22.82, 22.85 and 137.005, Code of Ordinances, to change name of Clearwater Executive Airport, also known as Clearwater Executive Air Park to Clearwater Airpark There was concern expressed at the April 29th work session regarding the method of appointing members to the authority. The ordinance has been revised to have all five members being appointed by the Commission and eliminating the requirement that they represent certain groups. The Assistant City Attorney presented Ordinance #5097-91 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance #5097-91 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. XIII - Resolutions ITEM #33 - Resolution #91-15 - Requesting Pinellas County to cancel and discharge tax lien upon land acquired for municipal purpose and to grant tax exemption The Assistant City Attorney presented Resolution #91-15 and read it by title only. Commissioner Fitzgerald moved to pass and adopt Resolution #91-15 and authorize the appropriate officials to execute same. The motion was duly seconded, upon roll call the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #34 - Resolution #91-16 - Authorizing execution of two subordination or utility interests agreements with DOT regarding gas line installation and maintenance easements owned by City over Lots 3 and 5, Pinellas Groves Subdivision The Assistant City Attorney presented Resolution #91-16 and read it by title only. Commissioner Berfield moved to pass and adopt Resolution #91-16 and authorize the appropriate officials to execute same. The motion was duly seconded, upon roll call the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. XIV - Other City Attorney Items - None. XV - City Manager Verbal Reports The City Manager reported on actions being taken to prepare for submitting a bid on the Maas Brothers property in early June if so desired and requested direction. Discussion ensued regarding what use the City would have for the building and concerns were expressed regarding the possibility of the CRA purchasing the property. It was stated appraisals are needed in order to submit an appropriate bid. Consensus was to proceed with two appraisals at $8,000 each and an in-house engineering study regarding the condition of the building with the provision for $5,000 for outside engineering assistance, if necessary. 35. Legislative Update Betty Deptula reported the legislature has adjourned with most issues being resolved favorably for the City. Clarification was requested regarding the funding for Drew Street, the mandate legislation and recyclables being available to other organizations for pick-up. Staff is working on this as well as setting a date for Lobbyist Jim Massie to come and give a report to the Commission. XVI - Other Commission Action Commissioner Berfield commended staff for their handling of the emergency situation caused by the April 25th storm. The City Manager agreed that the entire staff had done an outstanding job. Commissioner Fitzgerald reported he had been nominated to serve as Vice-President of the Suncoast League of Municipalities. Mayor Garvey questioned the status of the Countywide sign ordinance. Commissioner Fitzgerald indicated a draft has been sent to all municipalities and the Mayor's Council is requesting input by their June 5th meeting. Consensus was to discuss at next meeting. Bob Bickerstaffe spoke in favor of obtaining the Maas Brothers property. XVII - Adjournment The meeting adjourned at 9:46 p.m.