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03/19/1992 (2) . ,'" ~ J . ~ . " , , :, ;. ~: . .,' r. . .. . , . '. ...... ~ .. ,. .. - . . . CITY COMMISSION HEETING March 19, 1992 The City Commission of the City of Clearwater met in regular session at City Hall, Thursday, March 19, 1992 at 6:04 p.m., with the following members present: . Rita Garvey Sue Berfield Lee Regulski William Nunamaker Richard Fitzgerald Also present: Kathy S. Rice M.A. Galbraith, Jr. William C. Baker James Polatty, Jr. Cynthia E. Goudeau Mayor/Commissioner Vice-Mayor/Commissioner Commissioner Commissioner Commissioner Deputy City Manager City Attorney Public Works Director Planning and Development Director City Clerk The Mayor called the meeting to order and led the Pledge of Allegiance. The invocation was offered by Reverend Norman Howard of the Good Samaritan Episcopal Church. ' In order to provide continuity for research, the items will be listed in agenda order although not necessarily discussed in that order. ITEM #3 - Service Pin Awards One service pin was awarded to a City employee. ITEM #4 - Introductions and Awards Proclamation: Arbor Day - March 28, 1992. ITEM #5 - Presentation Robert Spencer, Marine Advisory Board Chairperson. read into the record and presented the Board's resolution urging efforts to open Dunedin Pass. ITEM #6 - Minutes of the ReQular MeetinQ of March 5. 1992 Commissioner Berfield moved to approve the minutes of the regular meeting of March 5, 1992, as recorded and submitted in written summation by the City Clerk to each Commissioner. The motion was duly seconded and carried unanimously. CCmtg 3/19/92 1 '. ',. ",'~l '. ~. ".' . , . . ': \. . . ' .",... ': . ., , 'j ,I " ~ L. ,l,', '~ . ......, ",:. '> (..: ": ~ \, ../ ~': ,: ".,:.:, ,'. >-' ," ,,:' ~ . , J .,", t. .,,', ~ > 't . . . ITEM #7 - Citizens to be heard fe items not on the Aqenda Robert Clark criticized the Commission's handling of the Clearwater Jaycees at the previous meeting regarding their request for approval of bungee jumping on City property. He also complained regarding the City failing to obtain an apology from the County Courts for him. Stephen Saliga stated residents north of Drew Street will protest the closing of Drew Street between the Ferry Dock and Cleveland Street. Madeline Robinson, representing the Clearwater Jaycees, requested the Commission waive occupational license and building permit fees to allow bungee jumping on private property. Consensus of the Commission was this was not appropriate. Carlton Ward, representing the applicants for the alcoholic beveraQe conditional use for True Value Convenience Store, requested discussion of staffts recommendation to appeal the Planning and Zoning Board's approval of this conditional use. The item is not officially on the agenda, however, staff had planned on requesting authorization to appeal later in the meeting. Mr. Ward indicated he had a scheduling conflict if this item is discussed later in the meeting. Consensus of the Commission was to discuss it at this time. Jim Polatty, Planning and Development Director, indicated this had come to the Planning and Zoning Board as a transfer of ownership for a conditional use. He stated in spite of Planning and Police Department strong recommendations to deny this request, the Planning and Zoning Board granted it on a four to three vote with five conditions: 1) a 12 month trial period; 2) the applicant shall erect a no trespassing signs in a conspicuous location on the property as requested by police; 3) a 9:00 p.m. closing time shall be observed: 4) cooperation with Police in reducing loitering shall occur; and 5) the applicant shall obtain the requisite occupational license within one week of the public hearing. He stated staff is recommending appeal in order to either deny the conditional use or to add further conditions. Mr. Polatty indicated he realizes this will be a major policy decision in appealing a Board decision. He stated staff recommended denial based on the concentration of alcoholic uses in this area and based on a history of problems with the operation of this facility. He stated action is needed tonight as the 14 day appeal period will expire prior to the next Commission meeting. In response to a question, it was indicated the Commission does have the right to authorize an appeal. Mr. Polatty emphasized the concern of staff is the over concentration of alcoholic beverage establishments in this area and the related problems with the consumption of alcoholic beverages in criminal activity and rowdyism. It CCmtg 3/19/92 2 . .. ",;:". .. . .' , .. f " , . . . . . was indicated there had been 19 incidents of police being called within a one month period at this location. In response to a question, it was indicated the new owner started operating the business approximately five months ago. It was indicated a key issue is whether or not chilled alcoholic beverages could be sold from this establishment. Carlton Ward indicated the applicant leases space from the previous owner of the supermarket and the applicant does not own the parking lot. He stated that cooperation with the Police has begun to improve and he has advised his client that he will be on probation during the 12 month trial period established by the Planning and Zoning Board. He stated if the applicant is required to sell non-refrigerated alcoholic beverages, it will put him at a disadvantage. He indicated it would be setting a precedent to appeal the decision of the Planning and Zoning Board and he requested the Commission not authorize appeal but enforce the conditions of the Planning and Zoning Board. In response to a question, it was indicated no separation distance variance would be needed as a variance has already been granted and goes with the land. In response to a question, it was indicated staff wanted to add conditions, listed by the North Greenwood Merchant Association, to the previously imposed conditions, if the conditional use is to be granted. A suggestion was made the Commission authorize the appeal with the understanding that staff attempt to work with the applicant to develop acceptable conditions making it unnecessary to pursue the appeal. Mr. Ward indicated if one of the conditions is to have non-refrigerated alcoholic beverages, he sees the appeal going forward as the applicant will not agree to that. In response to a question, it was indicated 80% of the alcoholic beverage sales are refrigerated alcoholic beverages. Commissioner Regulski moved to authorize appeal of the decision of the Planning and Zoning Board to grant the conditional use with a provision staff pursue conciliation with the applicant with the strong recommendation that no sales of chilled alcoholic beverages occur. The motion was duly seconded. Concerns were expressed regarding appealing a Planning and Zoning Board decision. It was stated the provision for the appeal to the Board decision was in the code for when the Commission feels strongly that a decision should be appealed. Upon the vote being taken: Commissioner Regulski, Berfield and Mayor Garvey voted "Aye"; Commissioner Nunamaker and Fitzgerald voted IINay". Motion carried. CCmtg 3/19/92 3 . , . ~: '; " " ~ ,I , ' .. 1 ~ . ' .... '..' : ; 1"\. ~ ~ ., . . . PV8LIC HEARINGS ITEM #8 - (Cont. from 3/5/92) Public Hearing ~ Amendment to Final Statement of Community Development Objectives and projected use of funds for FY91-92 COBG program (PlO) Use of the new Federal HOME program will require shifting expenditures within the existing CnaG program. The net effect of the combined programs will increase funds for housing and community service needs from $1,000,000 to $1,463,500 for 1991~92. The two programs have differing regulations, eligible expenditures and funding restrictions. To best use these funding sources in tandem, staff recommends the following amendments be made to the 1991~92 CnBG Final Statement: a) Increase Administration from $80,000 to $120.000. HOME rules prohibit allocation of administrative funds, however, CDBG funds can be used to administer the HOME program. b) Add a new activity, Rental Rehabilitation at $140.550. The current Federal rental rehab program will be discontinued when the HOME funding cycle begins. Staff is working with participating lenders to develop a guaranteed loan program applicable to rental rehab. The specific details of this will be brought for Commission approval at a later date. c) Reduce Housing Rehabilitation to $193,138. This is the current owner occupied rehabilitation program. HOME funds will supplement the CDBG allocation; the net effect will increase this activity by $50,000. d) Reduce Infill Housing Development to $255,000. HOME funds will make up the $60,000 difference between this amount and funds previously approved in the Final Statement. These program amendments were reviewed by the Neighborhood Advisory Committee on February 11 and recommended for approval, contingent upon HOME funding being available. Jim Polatty, Planning and Development Director, reviewed the proposed amendments and explained how this will allow more efficient use of the HOME ,funds. He also indicated the County has promised additional funds for housing projects. , Commissioner Fitzgerald moved to amend the 1991-92 CDBG Final Statement Ita: a) Increase Administration to $120,000; b) Add a new activity, Rental Rehabilitation, at $140,550; c) Reduce Housing Rehabilitation to $193,138; and d) Reduce Infill Housing Development to $255,000. The motion was duly seconded and carried unanimously. CCmtg 3/19/92 4 . . . ITEM #9 M Public Hearina & First Readina Ords. #5182M92. '5183M92 & #5184M92 M Annexation. Land Use Plan Amendment to Low Densitv Residential and RSM8 Zenina fer property located at 1919 Ashland Or., Citrus Heights Manor 1st Add., Lot 50 (H;lpl, A91M12, LUP91MI3)(PLD) The applicant is requesting annexation of a developed, residential lot, a land use plan amendment to low density residential and RSM8 zoning for property addressed as 1919 Ashland Drive. The applicant has requested annexation in order to obtain City sewer service. The property is in the county's water service area and will continue to receive water service from the county. The nearest fire hydrant is approximately 230 feet from the applicant1s property. The Planning and Zoning Board unanimously recommended adoption of this request at its March 3, 1992 meeting. Commissioner Berfield moved to approve the annexation, land use plan amendment to low density residential and RS-8 zoning for the subject property. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5182-92 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5182- 92 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. t1Naysll: None. The City Attorney presented Ordinance #5183-92 for first reading and read it by title only. Commissioner Berfield moved to pass Ordinance #5183M92 on first reading. The motion was duly seconded and upon roll call, the vote was: " "Ayesl': Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. , IINaysll: None. The City Attorney presented Ordinance #5184-92 for first reading and read it by title only. Commissioner Berfield moved to pass Ordinance #5184-92 on first reading. The motion was duly seconded and upon roll call, the vote was: IIAyes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. t1Naysll: None. CCmtg 3/19/92 5 c, :", " . . . . . . I M 1 - Variances to Sf n Re ulations for property (Fortune Federal Savings & Loan Assoc located at 18401 US19N, Levitz Plaza Shopping Center, formerly Grant's Plaza, Sec. 20-29-16, M&B 33.02, 33.021 & 33.06 (Home Shopping/Paxson, SV92-04)(PLD) New legal counsel has been retained by the applicant and attorney George Greer requests a continuance to the April 2, 1992 meeting to have time needed to analyze this request. Commissioner Nunamaker moved to continue this item to the next regularly scheduled meeting of April 2, 1992. The motion was duly seconded and carried unanimously. ITEM NIl - (Cont. from 2/6/92) Alcoholic Beverage Distance Seoaration Variances for Rite Aid located at 150 Island Way, Island Village Shopping Center, Sec. 8-29-15, M&B 13.01 (Rite Aid of FL, Inc., AB92-04)(PlD) This item was continued from the February 6, 1992 meeting to allow the Commission an opportunity to review a petition opposing the conditional use application for this establishment submitted to the Planning and Zoning Board. The applicant is requesting approval of two minimum distance separation variances for a new 2-APS alcoholic beverage license designation which permits package sales of beer and wine. The establishment is an existing retail pharmacy store known as "Rite Aid Discount Pharmacy #2671" located at 150 Island Way in the Island Village Shopping Center, which has been in business under the current ownership since November 8, 1991. The applicant wants to introduce a wide variety of retail goods including beer and wine to the store to promote the company's retail policy. Two separation variances are required because the subject property is less than 300 feet from St. Brendan's Church and less than 200 feet from another similarly licensed alcoholic beverage establishment (Publix). The applicant's request for a conditional use permit was approved by the Planning and Zoning Board on January 14, 1992 subject to the following conditions: 1) The requisite occupational license shall be obtained within six months from the date of this public hearing; and 2) The applicant shall obtain approval from the Commission for the following minimum distance separation variances: a) a variance of 245 feet 7 inches to permit alcoholic beverage sales 54 feet 3 inches from a church zone and b) a variance of 200 feet to permit alcoholic beverage sales zero feet from another 2-APS pack~ge sales establishment. The Traffic Engineer has no objections to this request. Enola Brown, attorney representing the applicant, stated this will be an incidental use of alcoholic beverage sales, comprising 3 to 5 percent of the overall sales of the store. She stated Rite Aid meets all the criteria for CCmtg 3/19/92 6 . the variance. She stated the objections to the application have been spearheaded by the owner of the liquor store in the same shopping center trying to obtain economic protection. She stated no one from Publix or St. Brendan's Church has objected to the application. Five citizens spoke in opposition to the application stating that there are enough alcoholic beverage establishments in this area. . Ms. Brown, in her closing statement, indicated Rite Aid wants to have the same items for sale in all of its stores. She stated they are doing this for the convenience of their customers. She requested the marketplace be allowed to decide whether or not alcoholic beverages should be sold here and this will be an incidental perpetuation of alcoholic beverages. A question was raised regarding whether or not the applicant would be willing to accept a condition that no refrigerated alcoholic beverages be sold. Ms. Brown indicated she would not be able to make that commitment as she has not consulted with her client on that point. Commissioner Nunamaker moved to deny the request. The motion was duly seconded. Concerns were expressed that the negative impact of allowing this was not stated. It was indicated the residents of Island Estates have indicated their objection to this use. . Upon the vote being taken: Commissioners Berfield, Nunamaker and Fitzgerald voted IIAye"; Commissioner Regu1ski and Mayor Garvey voted "Nayu. Motion carried. ITEM #12 - Alcoholic Beverage Distance Separation Variance for Pick Kwik located at 32 Bay Esplanade a/k/a 600 Mandalay Ave., Clearwater Beach Sub. Rev., Blk 8, Lots 8-11 (Nostimo, AB92-08)(PlD) The applicant is requesting an alcoholic beverage separation distance variance to permit a new 2-APS (beer/wine sales) alcoholic beverage license at the existing Pick Kwik Food Store located at the northwest corner of Bay Esplanade and Mandalay Avenue, Clearwater Beach. A variance of 66.6 feet to permit alcoholic beverage sales 134.4 feet .from a similarly licensed establishment (7-Eleven Store) is required. The applicant has obtained a conditional use permit as a result of a successful appeal of the denial of the permit by the Planning and Zoning Board on July 30, 1992. The permit request was denied by the Board due to the potential for increased traffic at the site, as well as an increased demand on police services due to loitering, alcohol crimes and noise. In overturning the Board's denial, the administrative hearing officer established four conditions for approval which, to some extent, address the Board's concerns: 1) The applicants shall provide a security guard to patrol its three Clearwater Beach establishments between the hours of 8:00 p.m. and 2:00 a.m. . CCmtg 3/19/92 7 . . . ..~ on Friday and Saturday nights, with monitoring reports submitted to the City Planning and Development Department not less than quarterly: 2) The applicants shall obtain the requisite alcoholic beverage separation distance variance from the City Commissionj 3) The applicants shall obtain the requisite occupational license within six months of the date of the public hearing on the application; and 4) The applicants shall restrict the hours of operation for alcoholic beverage sales to 9:00 a.m. until 12:00 midnight Monday through Saturday and 1:00 p.m. until 12:00 midnight on Sunday. In reviewing the request for a separation distance variance, staff finds there is obviously a concentration of alcoholic beverage uses along Mandalay Avenue and vicinity. From a relative perspective, the Mandalay Avenue area contains the highest concentration of alcoholic beverage uses in the City of Clearwater. The subject property is located at the point on Mandalay where the roadway goes from four lanes in width to two lanes. This is generally considered to be the point at which the "commercial" area of Clearwater Beach ends and the "residential" part of the beach begins. This concentration of alcoholic beverage uses at the entrance to a large neighborhood of single family residences is of concern. The separation distance requirements in the Land Development Code were established to dilute the effects of such concentrations. Due to the large amount of both package and on-premise consumption establishments in this area, staff cannot recommend separation distance variances be granted. Jim Polatty, Planning and Development Director, reviewed a chart regarding the frequency of alcoholic beverage establishments throughout the City. He stated initially it had been indicated there would be an equivalent of 34 alcoholic beverage establishments per mile in the 1/2 mile strip adjacent to the Pick Kwik store. He stated staff has checked the accuracy of the chart and found one of the businesses no longer exists and the distance was incorrectly calculated. Based on this new information, the calculation is now 25 establishments per mile, which is still the densest in the City. Peter Murnaghan, attorney representing the applicant, reviewed the history of this site stating that in 1988. Pick Kwik entered the lease for the property with plans to develop an upscale convenience store. He stated alcoholic beverages had been sold at this location for over 40 years and the previous building was dilapidated and run down. Pick Kwik worked with the City to develop an attractive building and completed its planning in March of 1989. He stated Pick Kwik has a uniform product line and did not realize there would be any difficulties in obtaining alcoholic beverages at this site. He reviewed the history of the applications and denials f~r the conditional use by the Planning and Zoning Board and the subsequent appeals and granting by the Second Oistrict Court of Appeal and the Hearing Officer. He stated staff's recommendation to deny the application is in conflict with court decisions. He reported this Pick Kwik is the only convenience store in Clearwater and in the State of Florida that does not sell beer and wine. He does not believe granting the variance will create a traffic problem at this location. CCmtg 3/19/92 8 . He stated instituting frequency of alcoholic beverage uses introduces a new standard in granting of alcoholic beverage variance requests. He stated the chart used by staff is misleading in that it does not include malls in the other areas of the City. He requested approval of the application. Three citizens spoke in support of the application indicating that Pick Kwik was a dependable supporter of charitable organizations in the community. Two citizens spoke in opposition to the request stating no more alcoholic beverage establishments are needed on the beach. Mr. Polatty explained staff's calculations of the frequency of alcoholic beverage establishments in various areas of the City. Mr. Murnaghan stated they have a petition with 320 signatures in favor of the granting of this application. He indicated they are not asking for any special privileges. Discussion ensued regarding the impact of granting this variance with it being indicated the Commission is beginning to look more critically at these types of requests. Commissioner Regulski moved to deny the applicant's request. The motion was duly seconded and carried unanimously. Public Hearing - Second Reading Ordinances ~ ITEM #13 - (Cont. from 3/5/92) Ord. #5178-92 - Amendino Chi Chi Rodriquez Youth Foundation aQreement . It was requested this item be continued to a special meeting, the date and time to be established later in this meeting. (See page 19) Commissioner Fitzgerald moved to continue this item. The motion was duly seconded and carried unanimously. The meeting recessed from 8:30 p.m. to 8:40 p.m. CITY MANAGER REPORTS CONSENT AGENDA (Items #14-46) - Approved as submitted. Agreements - Approved. ITEM #14 - Joint Project AQreement with Pinellas County to install 20 pipe hanger inserts on the Dunedin Causeway Bridge at an est. cost of $2,160 (GAS) Bids & Contracts - Awarded. ITEM #15 - Claims Service Contract with GallaQher Bassett Services. Inc., for the handling of self-insurance funds for FY 10/1/91-9/30/92 (AS) CCmtg 3/19/92 9 ~, . . . , . ITEM N17 - Purchase of 5 cab & chassis 4x2 pickup trucks: 3 flatbed body with sides: 1 flatbed body without sides and 1 flatbed dump body from Karl Flammer Ford. Inc" Tarpon Springs, FL, for a total cost of $82,264; financing to be provided under the City's master 1ease~purchase agreement with AT&T Credit Corp.(GS) ITEM #18 - Purchase of 2-1992 Ford Ranaer Super Cab 4x2 Pickup Trucks. 1-1992 Ford F-350 Crew Cab Pickup Truck and 5~1992 Ford F-350 Cab and Chassis Pickup Trucks with Utility Bodv from Karl Flammer Ford. Inc., Tarpon Springs, FL, for a total cost of $112,708; financing to be provided under'the City's master lease-purchase agreement with AT&T Credit Corp.(GS) ITEM #19 - Purchase of 2-1992 Ford F-150 1/2-ton 4x2 Pickup Trucks: 4-1992 Ford F-250 3/4-ton 4x2 Pickup Trucks and 4-1992 Ford F-250 3/4-ton 4x2 Pickup Trucks with Utility Bodv from Karl Flammer Ford. Inc., Tarpon Springs, FL, for a total cost of $124,172j financing to be provided under the City's master lease-purchase agreement with AT&T Credit Corp. (G5) ITEM #20 - Purchase of 6-1992 Ford Ranaer 4x2 Pickup Trucks and 1~1992 Ford E- 350 Carao Van from Karl Flammer Ford. Inc., Tarpon Springs, FL, for a total cost of $69,804j financing to be provided under the City's master lease- . purchase agreement with AT&T Credit Corp. (GS) ITEM #21 - Purchase of 1 Ford F-700G Cab and Chassis Liauid Petroleum Delivery Truck from Heintze1man's Truck Center, Orlando, FL, for $50,657.69j financing to be provided under the City's master lease-purchase agreement with AT&T Credit Corp.(GS) ITEM #22 - Purchase of 3-1992 Chevrolet 3/4-ton Carao Vans 4x2 with hinaed right-side and rear doors and 1-1992 Chevrolet 3/4-ton Carao Van 4x2 with slidina riaht-side door from Hull Chevrolet. Inc., Jacksonville, FL, for a total cost of $48,351.76j financing to be provided under the City's master lease-purchase agreement with AT&T Credit Corp. (GS) ITEM #23 - Purchase of 1 Ford 5610 Tractor with Hydraulic Boom Rotary Mower from Mo-Trim. Inc., Ft. Lauderdale, FL, for $37,205.75; financing to be provided under the City's master lease-purchase agreement with AT&T Credit Corp. (GS) ITEM #24 - Purchase of 1-1992 GMC Safari Mini Van: 1-1992 GMC Vandura 3500 Van with slidina riaht door: 2-1992 GMC Vandura 3500 Vans with hinaed riaht door and 1-1992 GMC Sonoma 4x4 truck from Kaiser Pontiac Buick GMC, Deland, FL, for a total of $58,781.92; financing to be provided under the City's master 1ease- purchase agreement with AT&T Credit Corp. (GS) . CCmtg 3/19/92 10 , . If, .'.' , . ~ . ~. , ' , .:: . . . ITEM 25 - Purchase of 1-1992 GMt Cab & Chassis Truck with Maintainer Bod from Palm Peterbilt-GMC Trucks. Inc., Ft. Lauderdale, FL, for 44,618. financing to be provided under the City1s master lease-purchase agreement with AT&T Credit Corp.(GS) ITEM #26 - Purchase of 1-1992 Chevrolet 12-foot Step Van 4x2 from Fred Davis Chevrolet-GEO. Inc., Green Cove Springs, FL, for $23,312 (GS) ITEM #27 - Purchase of 1-1992 Chevrolet 3 4-ton 4x4 Picku Truck from Sunshine Chevrolet-Oldsmobi1e-GEO, Tarpon Springs, FL, for $14,463.58 GS ITEM #28 - Contract for roof re tacement at Fire Station No. 1 located at 610 Franklin Street to J&R CO OP Construction, Tampa, FL, for $46,460 GS ITEM #29 - Contract for roof replacement at Memorial Civic Center located at 40 Causewa Blvd. to Anderson & Shah Roofin Inc. of Florida, Clearwater, FL, for $44,700 GS ITEM #30 - Contract for burglar and fire alarm service and monitorino for 1 year to Maire Co., Clearwater, FL, at an est. cost of $13,140 with an option to renew for an additional year at the same pricing (G5) ITEM #31 - Contract for Potable Water Well Restoration Pro ect to CenTech Utility Corp., Tampa, FL, for $339,393 PW) ITEM #32 - One year contract for ourchase of aoprox. 2.500, 90 oallon refuse containers at an est. cost of $137.450 and spare parts. at an est. annual cost of $12.500 to Reuter. Inc., Hopkins, MN, for the period 4/1/92-3/31/93 for an annual total cost of approx. $150,000 (PW) ITEM #34 - Purchase of a house and lot at 1311 Kinos Hfohwav from Phillip E. and Edna E. OiPaolo for $110,000 and related property survey and demolition costs of $8,119.50 for a total of $118,119.50 (PW) Citizens & Staff Requests - Approved. ITEM #35 - Authorize a new eIP budaet for the construction of Picnic Shelter at Ross Norton Park with the transfer of $20,943.12 from recreation facility impact fees and $4,084.78 from recreation facility impact fee interest to CIP code 3257 to cover the cost of project (PR) ITEM #36 - Approve HOME Consortium Proqram Description for 1991-92 for submittal as the City's proposed use of funds under the Pinellas HOME Consortium (PLD) ITEM #37 - Aoprove City Commission Goals & Policies Manual (CLK) CCmtg 3/19/92 11 . ~, " ..... , " .' :"~ . :~I , ':,~/.~;~, . t" ~~ .~" ' ,:,."" . 1. . ~ ., . . . lien on property located Plans & Plats - Approved. ITEM #39 - Preliminary Site Plan for Cenac1e of Our Lady of Divine Providence located on the west side of Bavview Ave., south of Gu1f-to-Bay, Sec. 16-29-16, M&B 32.02, 4.8 acres m.o.1. (OLOOP House of Prayer, Inc./Brown)(PLD) Authorize the ORC to approve the final site plan subject to the condition that Signs and fencing/walls are subject to separate review and permitting processes. ITEM #40 - Preliminary Site Plan for Sam's Club located at 20568 USI9, Sec. 18-29-16, M&B 41.01, 41.03 & 41.12, 20.041 acres m.o.1. (PLD) Authorize the ORC to approve the final site plan subject to the following conditions~ 1) A concurrency application will be filed prior to ORC review of the final site plan; 2) Signs and fencing/walls are subject to separate review and permitting processes; and 3) If determined necessary by Environmental Management, the applicant shall submit a request to rezone the wetlands area to Aquatic Lands/Interior prior to certification of the final site plan. Receipt & Referral - Received and Referred. ITEM #41 - lOCA 92-03 - Amendino Secs.135.068. 135.092, 135.104. 135.110. 135.116, 135.122. 135.128. 135.134. 135.141. 136.025 & 137.005, reaardina art alleries studio uses as conditional uses ermitted uses establishin supplementary conditional use standards and orovidina definition (PLD ITEM #42 - lOCA 92-02 - Amendina Sees. 135.011. 135.017. 135.023. 135.029, 135.035. 135.036. 135.037. 135.043, 135.044 & 135.045, reaardina chanaes in he; ht limits in the RM-8 and RM-12 Districts and all Sin le Famil Residential Districts PLO ITEM #43 - lDCA 92-06 - Amendina Sec. 136.008. orovidina soecific floor area standards for certain classes of accessorv uses and classifyina individual dwelling units attached to hotel/motel office as an accessory use (PLD) ITEM #44 - lOCA 92-04 - Amendin Sees. 135.110 & 135.116 revisin ermitted uses in the Resort Commercial zonina districts (PLD ITEM #45 - LDCA 92-05 - Amendin Sec. 137.029 re procedures PLD) CITY ATTORNEY Agreements, Deeds & Easements ITEM #46 - Amendment to license aQreement for parkinQ by the hotel near or under Clearwater Pass Bridae - lane Clearwater, limited Partnership CCmtg 3/19/92 12 ,..,. .c :' ~~!J, . . . Commissioner Fitzgerald moved to approve the Con~ent Agenda as submitted and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. After the Consent Agenda was approved, a citizen expressed concern regarding Item #34, requesting clarification regarding the plans for the property being purchased. It was explained the property was being purchased in order to expand the existing retention pond and that no motors or pumps would be installed. OTHER ITEMS ON CITY MANAGER REPORT ITEM #47 - Contract for Professional Enqineerin~ Services for inspection and preliminary enqineerinq desiqn for Electrical System Retrofit and Maintenance of Clearwater Pass Brid e to Kisin er Carn 0 & Assoc. Cor ., Tampa, FL, for' $20,500 PW The Deputy City Manager requested this item be withdrawn. Commissioner Berfield moved to withdraw this item. The motion was duly seconded and carried unanimously. ITEM #48 - Res. #92-22 - establishino a second deferred compensation sponsored b the US Conference of Ma ors to be offered to em 10 ees with the lCMA Retirement Corporation Plan already in place (AS The City has traditionally offered its employees the option of contributing up to $7,500 per year of their salary into a City sponsored deferred compensation plan. Under the provisions of Section 457 of the Internal Revenue Code, such a plan allows employees to defer income taxes on the amount of their contributions, as well as on any investment earnings generated by their cumulative account balance. In addition to voluntary contributions available to all employees, the City has traditionally contributed directly for certain management employees who are not eligible to participate in the City.s pension plan. Currently the only plan offered by the City is administered by the International City Management Association (ICMA) Retirement Corporation. Representatives of the City labor unions recently proposed consideration of a second 457 planl sponsored by the United States Conference of Mayors (USCM) and administered by Public Employees Benefits Services Corporation (PEBSCQ). Earlier this year, staff had also reviewed the USCM/PEBSCO plan and had independently concluded it should be offered as a second alternative to leMA. PEBSCO also administers plans for the National Association of County Officials (NACO) and various state plans. Combined, they represent the largest 457 plan in the country in terms of assets under management and number of employee participants. Other than ICMA, PEBSCO is the only 457 plan which can promise substantial "portability" to any employee who leaves the City to work for another government. Many governments, including Pinel las, CCrntg 3/19/92 13 . . . Hi 1 lsborough, Manatee and Orange Counties, and the cities of Lakeland, Fort Lauderdale, Naples and Miami Beach, offer both ICMA and PEBSCO plans. Historical returns for the various PEBSCO investment options are comparable to similar options offered by leMA. Subject to some restrictions on subsequent account transfers, PEBSCO is also offering a one time 4% "bonus" for all deposits transferred initially into their fixed rate investment option. One other advantage offered by PEBSCO is the ability for employees to change their investment options daily, by telephone. This contrasts with the ICMA policy of allowing changes only at the end of the month and only with 10 day advance notice in writing, cosigned by both the employee and the City. The City Employees Insurance Committee unanimously endorses recommending approval to offer USCM/PEBSCO as an alternative 457 plan, in addition to the current ICMA plan. On February 28th, a subcommittee of the Insurance Committee met to discuss a .timetable far implementation of the second plan. Given approval to proceed, employees would be scheduled for informational meetings in May, open enrollment would be held in June and payroll deductions would begin on the paycheck dated July 17th. In order to minimize the additional administrative effort, employees will be asked to select either leMA or PEBSCO, but not both, for the subsequent years contributions. Employees will have the option of moving their existing account balance to PEBSCO, whether or not they select PEBSCO for current contributions. In other words, employees will be able to contribute to one plan while leaving their accumulated balance invested in the other plan. Except for new employees, changes in employee selections will be processed only in June of each year, effective for the subsequent year. PEBSCO has offered to assist the City by processing all necessary paperwork for employees who wish to switch from leMA. Because of the willingness of PEBSCO to assist, and also because of the increased authority for changing investments granted directly to employees, it1s anticipated the administrative burden for each PEBSCO account will be significantly less than for a comparable ICMA account. Commissioner Nunamaker moved to approve establishing a second deferred compensation plan sponsored by the United States Conference of Mayorst to be offered to employees along with the ICMA Retirement Corporation Plan already in place. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #92-22 and read it by title only. Commissioner Regulski moved to pass and adopt Resolution #92-22 and authorize the appropriate officials to execute same. The motion was duly seconded, upon roll call the vote was: "Ayes'l: Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. llNays": None. CCmtg 3/19/92 14 \~ ,. '.' . . . Ordinance #5162-91 was approved by the Commission in January 1992, increasing the water and sewer rates for implementation on February I, 1992. Within this ordinance was a modification to the existing lawn water rate structure increasing the rates in order to encourage conservation. Included was an increase in lawn meter removal from $50 to $70. Costs for downsizing meters are set at different rates depending upon the size of the meter. The cost for downsizing a I-inch meter was set at $60 and for 1 1/2~inch meters, $110. Many customers, upon receiving their'utility bill for the first time under the new rate, 'sought ways to economize. Some elected to have their lawn meter downsized or removed. A few of these customers became frustrated when they learned the removal rate had also increased. By approving the subject waivers, the impact of the rates and fees could be lessened for some customers. It is recommended a grace period of 90 days be granted in which a customer could elect to have their lawn meter removed or downsized at no cost. Customers should be cautioned that removal of lawn meters could lead to a higher bill unless minimal lawn watering habits are followed. Rather than trying to determine which meters are residential and which are commercial, it is recommended any meter 1 1/2-inch or less be considered for this grace period. Customers should also be reminded that downsizing will result in a decrease of water volume serving their irrigation systems. As a result, pressure reductions may occur and systems may not be able to operate as they did prior to downsizing. A message would be sent out on utility bills for one complete cycle notifying the customers of this option. As long as the request was made within the 90 day period, the customer would not be charged the fee. Due to the time frame of the request and workload of the Water Division, the work order might not be completed within the 90 days. Customers would be expected to pay for any water used until the meter is removed or downsized. As of March 10, 1992, 18 requests for removal have been received in addition to 18 requests for (1 I/2-inch of less) downsizing. A customer who does not already have a back-flow prevention device must, according to code, install such device when downsizing or upsizing a lawn meter. This rule will continue in effect and will not be affected by this 90 day policy. Some customers who now desire to downsize and who are facing an up-front cost for a back~flow preventer, have asked they be allowed, during this 90 day policy time, to pay the cost of the preventer in some number of installments added to their regular bill. The City Attorney has indicated that, while the City cannot turn off a customer1s house water meter for non- payment for the backflow preventer, it can turn off the lawn meter. CCmtg 3/19/92 15 h . . . Discussion ensued regarding the ending date of the grace period. Staff recommended April 30, 1992, however, it was felt more time should be granted. Commissioner Berfield moved to approve waiving the fee for 1 1/2 inch or smaller lawn meter removal or downsizing applied for between 2/1/92-5/31/92 and allow the cost of the required backflow prevention device when downsizing to be paid in 3 equal amounts added to the water bill in the 3 billing periods following installation. The motion was duly seconded and carried unanimously. ITEM #50 - First Readin Ord. #5186-92 - Amendin Sees. 145.01~145.11 updating and clarifvinQ the Marine Improvements Ordinance (PLD The proposed ordinance is designed to update and clarify the Marine Improvement Codes to reflect changes in duties of City officials and variance boards, construction materials and methods, and reference to other codes and standards. The ordinance would: 1) assign correct titles and duties of City Officials; 2) clarify requirements for signed and sealed engineered plans and responsibility for their review: 3) eliminate outdated definitions and those which conflict with definitions in other City Codes; 4) clarify the definition of construction; 5) remove dimensional requirements from the Marine Code and references the Land Development Code for those requirements; 6) Reference nationally accepted standards for treated wood, rather than specifying type of wood and treatment; 7) Properly identify which Boards have authority to hear requests for variances: 8} Clarify when permits are required; 9) Clarify disrepair and responsibility for the repair; 10) Clarify which docks are to be inspected, when, by whom, and where the inspection report is to be filed; and 11) Clarify which section of the Pinellas County Ordinances are not applicable in the City of Clearwater. Commissioner Berfield moved to approve the amendments to the Marine Improvements Ordinance. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5186-92 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance #5186-92 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. UNays": None. ITEM #51 - Ervin's All American Youth Club Request for Fundina ($10.000) The City has received a request from Ervin's All American Youth Club, Inc. for a contribution of $10,000. The Youth Club lost a $50',000 grant from the State Department of Education and ;s in need of the additional funds from the City to meet payroll expenses. The Youth Club is dependent on funding by the Juvenile Welfare Board, Community Development Block Grant monies from the City, local contributions and various State grants. Staff will be preparing a report to the Commission CCmtg 3/19/92 16 ,. . . ,. . I . "..., ' , , ,', . . . . on the effectiveness of this program and will provide recommendations for continuing City support with possible incorporation of a portion of the program into the City's Parks and Recreation sponsored activities. The report will be prepared by the Parks and Recreation Department and submitted to the Commission on or before June 1st to allow for Commission discussion before the release of the City Manager's recommended 1992/93 budget. The mid-year budget review will include a recommendation to fund the $10,000 contribution from the City General Fund Surplus. Commissioner Fitzgerald moved to approve the contribution of $10,000 to Ervin's All American Youth Club, Inc. with funding to be provided from the City's General Fund Surplus and direct staff to prepare a special report analyzing the effectiveness of the Youth Club programs, including recommendations for continuing City support. The motion was duly seconded and carried unanimously. ITEM #52 - Other PendinQ Matters - None. CITY ATTORNEY REPORTS Resolutions ITEM #53 - Res. #92-23 - Assessino property owners the costs of mowina or clearino owners' lots The City Attorney presented Resolution #92-23 and read it by title only. Commissioner Regulski moved to pass and adopt Resolution #92-23 and authorize the appropriate officials to execute same. The motion was duly seconded, upon roll call the vote was: "Ayeslt: Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Naysll: None. ITEM #54 - Res. #92-25 - Acknowledaina and confirming Pinellas County Res. #92-4 reoardina paving improvement to Tennessee Avenue from Bavview Avenue to Meado~ Lark Lane and assessing certain County residents for portion of i mpro vf::mmts The City Attorney presented Resolution #92-25 and read it by title only. Commissioner Fitzgerald moved to pass and adopt Resolution #92-25 and authorize the appropriate officials to execute same. The motion was duly seconded, upon roll call the vote was: "Ayesll: Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nayslt: None. " CCmtg 3/19/92 17 :.t,....c,. Other City Attorney Items ITEM #55 - Removal of Assistant City Attorneys from the SAM? pav clan and approval of a separate plan for the City Attorney and Assistant City Attornevs The City Charter states the Commission shall appoint the City Attorney and authorize Assistant City Attorneys, but the terms and conditions of their employment are to be determined. A question has been raised regarding the propriety of having the City Manager approve salaries and other benefits for the Assistant City Attorneys, as has been done in the past. At the worksession of November 11, 1991, the Commission directed the City Manager and the City Attorney to develop a proposal to present to the Commission. The proposal is in the form of a manual which outlines the benefits for those employees. It is modeled after the SAMP manual and contains no . additional benefits but does clarify the reporting roles. Salary levels for Assistant City Attorneys will be set by the City Attorney, in the range of $29,565 to $60,439, and discussed with the Commission in the City Attorneyls budget. The salary for the City Attorney will continue to be set by the Commission. Commissioner Fitzgerald moved to approve the recommendation of the City Attorney and the City Manager to remove the Assistant City Attorneys from the SAMP pay plan and to adopt a separate plan for the City Attorney and Assistant City Attorneys. The motion was duly seconded and carried unanimously. ~ ITEM #56 - Emeraencv Ordinance to provide for revision to the sian reQulations to allow for additional sionaoe durino construction periods for maior Public Works Projects or after major storms . . The City Attorney indicated that a permanent ordinance would need to be adopted within 90 days. Jim Polatty, Planning and Development Director, explained the provisions of the code stating it would allow one freestanding directional sign for each driveway and one banner per property when a property's visibility is affected by a major construction project or due to storm damage. In response to a question, it was indicated that as major construction projects are underway, a resolution will be brought to the Commission, to designate the area that would be affected and fall under the provisions of the ordinance. Concerns were expressed regarding who would decide the duration of a construction project and it was indicated the ability to clarify the area . actually affected by a construction project and when that construction project is no longer impacting the visibility of the site would need to be refined in the permanent ordinance. CCmtg 3/19/92 18 '~ . .: ' . ~ '. '. . , . , . ~. I ~ t' , {o ~ , '.l' I~' . . . The City Attorney presented Ordinance #5188-92 for first and final reading on an emergency basis and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5188-92 on first and final reading as an emergency ordinance. The mot;on was duly seconded and upon roll call, the vote was: "Ayesu: Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. llNaysU: None. The City Attorney reported the Smokers I Right Bill had passed in the State Legislature. This bill prohibits smoker's from being denied jobs due to their smoking, however, an amendment to the bill exempted those job , classifications which are covered by the presumption of on the job injury for such things as heart and lung diseases. ITEM #57 - City Manager Verbal Reports a. Legislative Update Elizabeth Deptula, Assistant City Manager, reported the State Coastal Zone Protection Act became law without the governor's signature and will become effective October 1, 1992. She requested direction from the Commission regarding whether or not they wished to state a position regarding the proposal to sunset Regional Planning Councils. Current legislation would sunset the Regional Planning Councils in a year if no positive action is taken to reinstate them. It was suggested additional information be provided prior to the Commission taking a position. Ms. Deptula reported there will be three special sessions of the legislature with one to start Monday, March 23. Two others will be in April and May. She stated it was felt that the one in May would cover Solid Waste concerns and will be of importance to the City of Clearwater. She reported the City will attempt to notify other cities of the concerns so they will also be taking stands on these issues. She stated on the Federal level, she has been trying to track down information on Senate Bill 1650 which could have a significant impact on the ability to build or rebuild on the barrier islands. She indicated the Florida League of Cities is unaware of the bill and she has called and left messages with Senators Graham and Mack. The Mayor stated she will contact some of her sources to see if she could obtain additional information. Ms. Deptula is to draft something for the Mayor. The Deputy City Manager requested the Commission set the special meeting for the Chi Chi Rodriguez Youth Foundation Agreement amendment. Consensu~ of the Commission was to set the meeting for 9:00 a.m. on Monday. March 30th, prior to the worksession. however, if Commissioner Fitzgerald is unable to CCmtg 3/19/92 19 . '. . attend due to a conflict with Tampa Bay Regional Planning Council, the meeting will be 9:00 a.m. on Tuesday, March 31st. (This meeting was later confirmed to be 9:00 a.m. on March 30th) The Deputy City Manager requested the Commission bring their calendars to the March 30th, 1992 worksession in order to set budget worksessions. Other Commission Action Commissioner Nunamaker thanked the citizens of Clearwater for supporting him during his term in office. Commissioner Fitzgerald thanked all the people who voted to re-elect him. Mayor Garvey reported that volunteers are still needed for the Courtney Campbell Causeway Beautification Project and the Paint Your Heart Out program. She thanked all of those that have helped so far. Adjournment ' The meeting adjourned at 9:30 p.m. ATTEST:~:if7~ ~. City e " ,', <, CCmtg 3/19/92 20 F ~ " , ~ ~'~ J ...:; ;;{:;