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07/15/1991 (2) ~~~, ;:.~;:"'. ,'. ~. . . ~ ' , . ) .., ,.. '"J' . . . ::'.';' ." . ,. . .,1 ,'. . " . . . >.., ~.., ~~"~~'.';;r:i~;io~.{~;t~,,,;}~~!;~~~,:~~';:;:>~~:r1;::;f>:<~~{\.:::{~.I,l.,f.::;; ..:.;: ."', "'; :'" f':.~-'\I)::~.; : I r' ,,,',~"n,", 'd- .1,/"".../....,. ","".' .-". <.,.,<....." 1,f~;~oi.\I::.\'.:.:....:>...~. .r...<o-.,,'..,\..... .;....,~:.\'~~ ' '~.'.~. .". . . . ,"' I , 1 ~ . I. l,~ " \. ~ , + ~ '. .'. ~ ~. ' i;. . . ! .. ," , .', .".~' ~. ..' .....: .. .':'. I J' ...; 1 '. . . . i ..~ .., "~"''''+'''''''''''' .. :-"} .\'"'1.....1,' WORKSESSION City Commission Worksession Minutes ,:0 Date " " -+ ~ /7 / ::L ~/ ~,~ . . " . ,.. . . ' .... I . . , ,. '~(\.'.''''..":'<'\". .~~~:i\>\ .':..' .<:: .'J.>'.' . .. Ie I . ." . ,~ . . J CITY COMMISSION WORK SESSION "J-:' July 15, 1991 The City Commission of the City of Clearwater met at City Hall with the following members present: . Rita Garvey Sue Berfield Richard Fitzgerald Lee Regulski William Nunamaker Mayor/Commissioner Vice-Mayor ICommissioner . Commissioner Commissioner Commissioner Also present: Michael J. Wright M.A. Galbraith, Jr. Cynthia E. Goudeau City Manager City Attorney City Clerk The meeting was called to order at 9:05 a.m. Service Pin Awards Four service pins were awarded to City employees. c, Clearwater Pass Bridae Toll Consideration (WSO) According to David Volkert and Associates, the City's consulting engineer, costs eligible for recovery through tolls are engineering fees (approximately $ .9 million), right-of- way acquisition (approximately $1 million), and construction engineering and inspection (approximately $1.5 million). Mr. Volkert believes the State's budget willlikety be sufficient to cover the last item. In 1988, the Commission approved a bridge toll increase designed to produce sufficient revenues to liquidate all remaining bridge fund debt on or before October 1, 1995, the projected opening date of the new bridge. The "seven-year plan" anticipated funding for right-of-way acquisition and $ 2 million for crutch bent repairs, which has all been appropriated because of the recent repair episode. Analysis indicates the City is slightly ahead of the "seven-year plan" projections, and barring additional significant repairs, all bridge fund debts (including the $0.9 million engineer fee) should be paid by October 1, 1995. The "Penny for Plnellas" budget, as amended, includes $2 million for the Clearwater Pass Bridge and can be used for rightwof~way acquisition, additional repairs, and construction engineering and inspection if necessary. Although this funding was technically scheduled for later years, to balance the annual "Penny for Pinellas" budgets staff anticipated advancing all or part of it with interim financing or by rescheduling other projects as necessary. ~""J minws07b.91 1 07/15/91 . . .' . , . . . .. ' '. . . ~ . .. /nrf(~~ > ..!~. ,~/ .>.' c t"..~.. . . ,. ."",1' .' , " ,..-, All anticipated costs are provided for with bridge tolls and Penny for Pinellas revenues. Mr. Volkert estimated that negotiating a joint project agreement allowing temporary tolls on the new bridge would delay the new bridge opening by six months. During that six months, the City would collect about $300,000 in net revenues from tolls on the existing bridge. Staff estimates that tolls on the new bridge would generate between $ 750,000 and $1 million per year (more than the existing bridge due to lower maintenance expenses). Assuming the City need only recoup engineering and right-of-way costs, tolls would remain on the new bridge between 19 and 26 months. This would, however, provide significant reimbursement to the City which could then be used for any lawful purpose. Jack Roberts at Volkert and Associates indicated the environmental documents on the Clearwater Pass Bridge had been submitted to the Federal Highway Administration. The City is now in a "Catch-22" in try at if it wishes to maintain the tolls on the new bridge to recover certain costs, they must now enter an interlocal agreement. The three options available to the City include: 1) pursue the current plan where there will be no tolls on the new Clearwater Pass Bridge; 2) try to recoup engineering costs, right-at-way acquisition, and some engineering inspection costs of $1.9 million will require the interlocal agreement; and 3) to recover the cost listed in #2 and the $6.8 million in repair costs to the old bridge. I''''''~\ ......f!f'I' If option one is pursued, there will be no delay in the project's schedule. There would be a six-month delay to pursue option two and a six-month delay to pursue option three. There is some doubt regarding whether repair costs would be allowed to be recouped. . The Coast Guard application for the bridge cannot be filed until the environmental documents are signed. These documents will not be signed until there is an interlocal agreement should the City decide it wishes to recoup some costs through the placement of tolls on the new bridge. The tolls would have to be approved by the Federal Highway Administration. A question was raised regarding whether the current toll structure was established to recover the costs for the repairs. The City Manager indicated the current tolls were established to payoff the debt on the existing bridge by 1995. Dan Deignan, Finance Director, confirmed this. The City Manager pointed out there is also $2 million in the "Penny for Pinellas" funding earmarked for the Clearwater Pass Bridge. He stated it would take two years to recover the cost. If the tolls are placed on the bridge, it would delay the project for six months and they would more likely recover only $1.9 million. The City Manager indicated his recommendation would be to continue to pursue the original plan and to open the new bridge with no tolls. In response to a question, Mr. Roberts indicated maintenance of the bridge would be the City's responsibility once it is constructed. This maintenance will cost $15,000 per year. , ...-' minws07b.91 2 07/15/91 " ' ~ , . I I ....., ,~ ,', '. '. . . . ,t~.~:. :.: .-.... A question was raised regarding where the funding for the engineering services on the bridge is located. Elizabeth Deptula, Assistant City Manager, indicated it is in the bridge fund. Consensus of the Commission was for staff to prepare an item for them to consider Thursday night regarding whether to leave the tolls on the bridge. Pavment from the Citv Insurance Fund, up to $125,000, for all property loss, equipment rental, and employee overtime pay occasioned by the 04/25/91 storm fASt City staff is recommending $125,000 from the insurance fund be used to pay all property loss, equipment rental, and employee overtime that resulted from damage from the April 25, 1991 storm. The City Manager indicated these are mainly internal costs. Discussion ensued regarding whether the insurance reserve should be used to pay for catastrophic events. The policy of the Commission is to build the insurance fund to a level where annual contributions to it are not needed. The City Manager indicated this is a philosophical question that needs to be determined by the Commission. He stated the City has two pots of money from which these funds could come; One being the general fund surplus and the other being the insurance reserves. He stated there is more flexibility regarding the use of the general fund surplus as there are restrictions for what insurance fund monies can be used. TEFRA Hearinq ~ Citv of Hialeah - issue revenue bonds, $11 million for rehabilitationl nursing homes (AS) .:J The Tax Equity and Fiscal Responsibility Act (TEFRAI requires public input be accepted prior to the City's final approval of the subject agreement. AND Aqreement proposed bv National Healthplex, Inc. to provide for annual payments to the City in lieu of property taxes in coniunction with the Interlocal Agreement with the City of Hialeah to finance certain health facilities (AS) On June 20, 1991, the City Commission directed staff and National Healthplex, Inc. to pursue an agreement whereby the City would be assured of no loss of tax revenue by virtue of its participation in the City of Hialeah Revenue Bond Issue. The agreement provides for annual payments in the same amount as the property taxes would have been had the purchased nursing home property remained taxable. The agreement includes a secondary guaranty from the current property owner, but does not provide for the same level of security as the property would were it to remain taxable. In the event of non- payment, the City would need to file suit in an attempt to collect. AND Second Reading Ord. #5106-91 - Amendinq Ord. #5061-90 which approved interlocal aareement reaardinQ bond issuance bv Citv of Hialeah. FL, to finance certain health facilities located in Clearwater (AS) ..J minws07b.91 3 07/15/91 , .'. '., . .1 \. . , ., ~ . . w.\ "'.. ;, .-.... On June 20, 1991, the City Commission passed Ordinance #5106-91 on first reading and redirected staff to pursue a separate agreement if National Healthplex, Inc. make annual payments in lieu of taxes. This agreement has been completed and presented as a separate agenda item. Dan Deignan, Finance Director, indicated staff was still working on payment in lieu of taxes in the agreement. He stated if agreeable language is not developed by Thursday, Items #3 and #4 will be pulled. A question was raised regarding the City's right to foreclose and what would happen to the indebtedness. Mr. Deignan indicated the individuals would have to file suit to collect. The City Manager indicated the City Commission did not have to take action regarding this and National Healthplex could approach the County to assist them with this project. A question was raised regarding the City's liability for not carrying out the agreement. Mr. Deignan indicated the time has expired and there is no obligation on the City's part. It was requested in the future when these issues come up, that the Commission be provided a history of the project and information regarding the buyers, their financial situation, etc. Contract for the refurbishment of two fire enClines to Precision Kenworth. Inc., Tampa, FL, for $74,404.23 (FD) ,'"'-, The 1973 and 1975 Maxim fire engines require refurbishing. The 1975 Maxim will \,." ) ....... continue in its role as a front-line engine. The 1973 Maxim is the primary spare unit and backs six front-line engines. The refurbishment includes: replacement of worn exterior aluminum steps and panels; updating of external emergency lighting and warning equipment for both operator and citizen safety; moving of intake valve location to enhance operator efficiency; installation of exterior air bottle compartments; installation of engine soundproofing to meet new NFPA decibel standards, replacement of vehicular glass clouded with age; installation of grab rails to enhance safety of the firefighter when mounting/dismounting engine; and rust removal and repainting the exterior cab and chassis fluorescent red for operator and citizen safety. Bid award to the lowest bidder, Pride, is not recommended. The Fire Department has written documentation from municipal and county entities stating the work accomplished for them by the lowest bidder was unsatisfactory in workmanship and the timeliness of the repair. A team of Fire Department personnel visited two local cities and inspected five fire engines refurbished by the lowest bidder and found the work unacceptable. The team also visited the recommended vendor, Precision Kenworth, Inc. and checked other fire departments regarding their quality of work. In all instances, including a refurbishment job completed earlier in the year for the Clearwater Fire Department, Precision Kenworth's workmanship has been satisfactory. A question was raised regarding whether Pride was specifically invited to bid on this project. ...........1 minws07b.91 4 07/15/91 . . , . ,7 < ..,. .'.. . .., I " ..'. '.' , ~~?::,;.;:..;."., . .-..., Purchase of two Passenqer Mini-Vans and one half-ton Pickup Truck from Carlisle Ford. Inc., St. Petersburg, FL, for the total cost of $36,200 IGS) These vehicles are additional purchases for the Public Works Department/Solid Waste/Recycling Division and will be used in its daily public educational recycling activities. The City will be reimbursed for this purchase under a Recycling Educational grant. In response to a question, the City Manager indicated the mini-vans are needed as presentation materials for the recycling programs will not fit in the trunk of a sedan. librarv Department Citizen Survev ReDort to Commission (LIB) Bordner Research was hired to conduct a telephone survey of the Clearwater Public Library System service area: 1) to determine citizen opinion on what services should be provided by the public Library; 2) to determine citizen awareness of services; 3} to identify what services citizens use; 41 to determine who does not use the Library and why; and 51 to identify citizen attitude toward public expenditures for library services. Telephone interviews were completed during the last two weeks of 01191 with 400 randomly selected citizens residing in the library service area, defined as south of Alderman Road and north of Bay Drive. Using a cross-reference index, each survey respondent was classified as either a Clearwater City resident of non-resident. All respondents were 18 years of age or older. <:) All data were coded and verified before computer processing. Computer analysis was accomplished using the programming capabilities of the Statistical Package for the Social Sciences. Detailed tables with breakdowns of responses by City resident status, age, income, voter status and Clearwater Library user status were generated. The library Department Long Range Planning Committee is in the process of writing a long range service plan for the Library system by integrating Dr. Bordner's research findings with the eight roles of the public Library. Dr. Bordner reviewed the survey stating most of the respondents supported comprehensive library services and that those services should be tax supported. She stated she did find there was a difference between what should be offered and the citizens' knowledge of what is actually already offered at the Library. In response to a question she indicated 50% of the respondents use the Library. Those that do not did not, see a need to use it and many respondents did not know enough regarding library services to know if they were satisfied. Dr. Bordner reported generally the citizens do not want cuts in the library funding. She stated the data suggest Clearwater has no distinguishing features. Her recommendation is that the Library needs to decide what it wants to be and there needs to be a greater awareness of citizens of the offerings of the library. \ J minws07b.91 5 07/15/91 , . ' . "J , .., .. .' . . ,. ' . ~.~:~~.(l' "I:. .: .. ~I~'.' . ~l; .. I.'. ~ Linda Milke, Library Director, indicated the Library is currently in the planning process and it is hoped the draft of the long range plan will be available by the end of the summer. In response to a question, Ms. Milke indicated the long range planning committee is not addressing consolidating with the County Cooperative. She indicated the reasons for not wanting to join have to do with the governance by the Cooperative versus an independent library. A question was raised regarding those individuals supporting tax funding of libraries and whether that support changed when they were made aware of the services already available. Dr. Bordner indicated when respondents were made aware of the services already available, there was a greater burden to justify additional funding for the library. She felt citizens would support addition funding if the proposal ;s presented properly. Ms. Milke indicated the Library is in a service dilemma in that as it provides more services! there is more demand. She reported the library's 75th anniversary year is approaching and activities are planned to promote this event. HiQhwav Beautification Grant Memorandum of AQreement and HiQhwav Landscaoe Maintenance Memorandum of AQreement with FOOT relating to the Courtney Campbell Causeway {P&R} () On December 20, 1990, the City Commission adopted Resolution #90-53 which authorized the City Manager to file an application for a Florida Highway Beautification Grant with the Florida Department of Transportation (FOOT) for landscaping on the Courtney Campbell Causeway. On June 6, 1991, the FDOT advised staff that Clearwater's application, ranked second of 44 submissions, had been selected by the Highway Beautification Council for funding to landscape Clearwater's side of the Courtney Campbell Causeway. The $88,572 grant, when coupled with the local contribution of $98,193, will result in a total project cost of $186,765. According to current estimates, the local contribution will consist of labor and materials provided by the City 1$53,126), volunteer labor ($31,407), and cash for purchases provided by the City ($13,660). According to the letter from FOOT's District Maintenance Engineer's Office, two agreements must be approved, executed and returned to FOOT by August 3, 1991. The first agreement, "Highway Beautification Grant Memorandum of Agreement," relates to the installation of the landscaping and reimbursement of monies from the State. The second agreement, "Highway Landscape Maintenance Memorandum of Agreement," relates to the City's commitment to maintain the project after completion. Mr. Steve Lafferty, representative of the Clearwater Chamber of Commerce, has been a major contributor toward the City's application. Staff intends to work with Mr. Lafferty and many volunteers to accomplish this ambitious project. A question was raised regarding whether reclaimed water would be used in this project. No irrigation system is to be installed and reclaimed water will be provided through tank trucks. ,-,i minws07b.91 6 07/15/91 ::r~\/~'~':'~ "f,'. '.' J~~ ~'~~'; 1 : '.' .~ A question was raised regarding the liability of the City if a volunteer worker should have an accident. The City Attorney indicated Workers Compensation might apply, however, the agreements need to make it clear that the volunteers are not working for the City. He stated if the agreements are worded correctly, there should be little liability. The City Manager indicated that realistically if someone gets hurt while working on this project and sues, the City would be named in the complaint. Consensus of the Commission was for an effort to be made to protect the City from liability as much as possible. A question was raised regarding whether effluent water will be used for making the concrete for the 49th Street bridge. It was indicated it would be. Public Hearinq & First Readinq Ord. #5105.91 . Creatina Sec. 136.031, adopting standards and specifications for stormwater detention facilities; amendina Sec. 137.010, relating to site plans and stormwater detention requirements for development projects requiring site plan approval (PW) t,:,.:<-i) /jl!!.~ William Baker, Public Works Director, indicated an inequity in storm water requirements is required to be addressed by the Comprehe.nsive Plan. The inequity is that new developments have different requirements than old developments regarding stormwater retention and treatment. He stated when redevelopment occurs, it does actually improve the stormwater situation but there are still no stormwater retention requirements. He stated it has been brought to his attention that special consideration has been provided for the downtown area in the past and he would have no problem excluding the downtown area from this ordinance. An opinion was expressed that there was no opposition to treating Downtown differently but it was felt it was wrong not to address Downtown at all. Mr. Baker indicated City staff does have plans to address the storm water retention issue in Downtown using the stormwater utility fund. Discussion ensued regarding whether Downtown should be exempt or if special consideration should be allowed for that area. The possibility of allowing payment in lieu of actually meeting the requirements which would allow the City to build up funds to do Capital Improvement Projects to address storm water in the downtown area was suggested. A suggestion was also made that eRA funds be used to offset the cost for stormwater needs in the downtown area. The City Manager cautioned there are some limits on CRA funds. Opinions were expressed that Downtown should not be totally exempted. A question was raised regarding what would be considered Thursday night. The City Manager indicated the ordinance proposed to the Commission added language to exempt Downtown that the Commission might desire. It was the consensus of the Commission that the ordinance not be amended at this time but additional information be provided to the Commission regarding options for the downtown area. It was stated that redevelopment was the key to this issue. A question was raised regarding at what point engineering would look at the drainage needed for a development. Mr. Baker indicated if a building permit is needed and the ~ite configuration is changed, the requirements would kick in. . -.-/" minws07b.91 7 07/15/91 ,. '.\ ~:~:~d'.~. '. . <. . -', Public Hearing - Vacatin~ a 7.5' utilitv easement. 5th Add. to Highland Pines Sub., Blk 24, lying along the south side of Lot 11 (Melmoth/Chiarmonte V91 ~04) (PW) The applicant's pool structure encroaches approximately 3.5 feet into the easement while the decking encroaches an additional three feet. The applicant is asking that the full 7.5 foot platted easement be vacated. The City does not have any utilities within the easement. Florida Power has a guy anchor located within the westerly 25 feet of the easement and has no objections to the vacation provided the west 25 feet is retained as an easement. General Telephone and Vision Cable have no objections. Staff reviewed the request. The Engineering Division objects to vacating the full 7.5 feet of the easement and is requesting that only the portion of the easement where the structural encroachment is located be vacated (the north 3.5 feet of the easement less the west 25 feet). A question was raised regarding how it happens that so many swimming pools in Clearwater encroach into easements. Mr. Baker indicated in the past when swimming pool contractors had submitted plans, they have provided the inside water dimensions of a pool rather than the outside decking. This procedure has been changed. ".u....~ \J Award the first vear of a five~vear contract for sludQe hauling and disposal services to Davis Water & Waste Industries, Tallevast, FL, for the period 08/01/91- 07/31/92 at an annual cost of $146,370 (PW) From the Marshall Street and Northeast AWT facilities, the Water Pollution Control Division annually generates approximately 26 million pounds of cake sludge as a result of a new dewatering process that removes water from the liquid sludge and produces a semi- solid cake. This digested cake sludge must be disposed of in an approved manner as specified by the State (FDER) and federal (USEPA) rules and regulations. This contract provides that the contractor shall haul away and dispose of the cake sludge from the City facilities to an FDER permitted disposal site according to all governing regulatory specifications. The contract also provides that the contractor will transport approximately 3.75 million gallons of liquid sludge annually from the East AWT facility to the Northeast AWT facility since the East AWT facility does not have digestion or dewatering capabilities. This contract calls for the contractor to dispose of the cake sludge at their own disposal site, therefore, the City owned farm site in Hillsborough County will no longer be used for sludge disposal. Davis Water and Wastewater Inc. was the low bidder of the two bids received. Five bids were solicited. -...J minws07b.91 8 07/15/91 Rankin~ of enQineering firms for professional em:1ineerin!:l services to provide utility accommodation deskm for FOOT improvements on US 1 9N (PW) p (, .- ~\.::'i . ..--. I For the first year of this contract, the bid cost will be approximately $146,370 and reflects a savings of approximately $62,000 from the current contract. This will be the first year of an annually.renewable, five-year contract. The Water Pollution Control Division of Public Works believes this to be the most desirable form of contract for this service. Succeeding years' contracts will be adjusted according to the consumer price index as specified in the bid. By the beginning of the third year, it is projected the City will produce Class A sludge. The contractor's bid agrees to pay the City $ 3 per 1,000 pounds for this product, producing annual revenues of $ 51 ,750 after subtracting liquid sludge hauling costs. The City Manager reported as the Hillsborough property is no longer needed for slUdge disposal, the City has begun dealing with a real estate agent to see it HilIsborough County. would be interested in purchasing the property. . The Florida Department of Transportation (FDOT) is designing improvements to US 19N from north of Gulf-to-Bay Blvd. to Enterprise Road. The corridor has been divided into three sections: 1) the Drew Street overpass from Gulf~to~8ay Blvd. to the railroad; 2) from the railroad to the Dimmitt auto dealership; and 3) from the Dimmitt auto dealership to Enterprise Road. (..,~) The second section will include overpasses at Sunset Point Road and Northeast ~ Coachman Road. Greiner Engineering Services has already completed 60% of the construction drawings and specifications for the entire corridor. At this point in the design process, FDOT customarily requests input from effected utility owners. FOOT has developed a tight submittal schedule for completed utility accommodation drawings and specifications for each section. It is envisioned that the successful engineering consultant will assist the City in developing accommodation construction drawings, utility specifications and joint project agreements with the FOOT for the relocation of sanitary, water and gas utilities in each section. On May 16, and May 20, 1991, the City advertised for expressions of interest and described the needs in Requests for Engineering Proposal Utilities Relocation, US 19N from SR 60 to Enterprise Road. Of the eight firms who responded with submittals, three were "short listed" by the Consultant Selection Committee on June 11, 1991. On June 18, 1991, the Selection Committee heard formal presentations from each firm and, after careful consideration, ranked the firms: 1) Tampa Bay Engineering; 2) Greiner Engineering Services, Inc.; and 3) Greeley and Hansen. Due to the tight schedule involved in preparing these utility relocation designs in synchronization with FOOT roadway designs, the City has negotiated a proposed contract with Tampa Bay Engineering, contingent upon the Commission's approval of this ranking. The contract item appears later in this agenda and will be voided should the Commission . U minws07b.91. 9 07/15/91 ~~('j'::';<. .'. '-----., not accept the recommended ranking. The proposed contract contains, among other things, certain certifications required by City purchasing regulations relating to a drug-free workplace program, non-criminal activities, and the use of recycled paper. A side issue was raised regarding whether utility wires along SR 60 east of US 19N could be placed underground. The Public Works Director indicated staff was considering alternatives. He indicated he has an appointment to talk with Florida Power regarding this in the near future. Things to be considered are whether to address the north or south side of the road, whether wood, metal, or concrete poles should be used, the number of poles, the total cost, etc. Citv's reoresentative to the Pinellas Soorts Authoritv - 1 appointment (elK) The Legislature created the Pinel/as Sports Authority in July 1977, to determine the feasibility of developing a comprehensive sports and recreation complex for Pinellas County and to plan, construct and operate such a facility. The Sports Authority now owns the Florida Suncoast Dome and is responsible for its operation. The City Manager stated the appointee will represent Clearwater, and when possible, the entire City Commission will be asked what position to take on issues coming before the Authority. It was requested the ownership of the Dome be verified. . r~ . t~':' .~:r.. The meeting recessed from 11 :20 a.m. to 1 :34 p.m. Commissioner Nunamaker did not return. Public HearinQ & First Readino Ord. #5108.91 & #5110.91 - land Use Plan Amendment to Commercial/Tourist Facilities, Annexation and CH Zonina for oropertv located in Blackburn Sub., parts of Lots 8 & 9 (Baker, Rally Stores, Inc., Palomino and Ferrellgas, Inc., A91 ~02, LUP91-02) (PL&D) This request is to annex four adjacent parcels for a total area of 2.99 acres. The applicants' initial submission for just over three acres would have required the request be approved by Florida's Department of Community Affairs before the City finalizing the action. This revised submission excludes a 16-foot wide strip along Lawson Road, reducing the area to be annexed to less than three acres. State review and approval will not be required. The developer, Whiteco Industries, Inc., wishes to expedite expansion of the outside recreation facilities (Mountasia Fantasy Golf) by dealing solely with the City. Staff advised the appli<;:ant that City Policy CC-27 encourages submission of annexation requests that contain all contiguous property under one ownership; however, due to time constraints, the applicant has decided to proceed with the request. The requested land Use Plan Amendment is from Unclassified to Commercial/Tourist Facilities and CH (Commercial Highway) zoning in conjunction with the annexation. Pinellas Planning ..J minws07b.91 10 07/15/91 \~,r:'~ ,e"., > ...-...., Council review is not necessary because this request does not involve a change is the County.wide Land Use Plan designation of R/O/R (Residential/Office/Retai/). The properties involved in this annexation request are bordered on the south by Mountasia Fantasy golf (Whiteco Industries, Inc). "Vhiteco proposes to acquire the properties and develop them as an extension of the outdoor recreational facilities. The southwest portion of the subject property, presently used by Ferrell Gas, has two above ground storage tanks. The property along US 19N has a gas station, auto repair shop, and a used auto sales establishment. Two mobile homes are located on the north edge of the subject property where it runs along the south side of Bermuda Street. Part of the remaining unimproved property is used for vehicle storage. Whiteco Industries, Inc. intends to develop the property upon annexation. On June 20, 1991, the City Commission received the site plan, currently under review. Staff has made no adverse comments regarding the annexation, land use plan amendment, or proposed zoning. Engineering's advice that a 40-foot drainage and utility easement will be required across the tract's east side will be addressed during the City's review of the site plan. An existing eight inch City water main on the east side of Lawson Road can serve the property. A county fire hydrant, opposite the property, is on the west side of Lawson Road. The City sanitary sewer on Lawson Road is available. (:> The only outstanding question is the applicants' exclusion of the 16 feet abutting Lawson Road {County). The request is appropriate and the zoning and land use is compatible with surrounding uses. Jim Polatty, Planning and Urban Development Director, indicated the Planning & Zoning Board reviewed the site plan on Tuesday and placed conditions regarding noise on same. Scott Shufordf Planning Manager, indicated the City has not received a response from the Department of Community Affairs regarding the application being for 2.99 acres. This opinion is expected before second reading of the ordinance. In response to a question regarding in what area this expansion was to take place, Mr. Polatty indicated it would be located where an existing gas station is now. This gas station will be demolished and the expansion placed there. Alcoholic Beveraae Distance Separation Variance for Jon's Place located at 1215 N. Greenwood Ave., Greenwood Park No.2. Blk. E, Lots 32 & 33lSmith AB91-13) (PL&D) The applicants request an alcoholic beverage separation distance variance for a new 2COP alcoholic beverage license designation which permits the sale of beer and wine for on premises consumption. The alcoholic beverage sales use will be used in conjunction with a disco dance establishment to be known as Jon's Place. A previous business called Famous Doors was a 2COP establishment with "Tavern Dancing." The proposal involves a variance of 290 feet to permit the 2COP establishment ten feet from residentially zoned (RM 12) properties to the east of the site. ',-, minws07b.91 11 07/15/91 . ,". .. . . '.. / . ~~ ;::' . '---, The proposed establishment will provide the minimum required 50 seats within the 1,900 square foot structure. Ten parking spaces exist on the property for use. The Planning and Zoning Board approved the conditional use for the alcoholic beverage sales on June 4, 1991 / subject to the conditions: 1) The requisite occupational license shall be obtained within six months of the date of the public hearing; 2) Approval shall be for a 18~month trial period, at which time a fee will be paid to readvertise only; and 3) Any required variances shall be obtained by the applicant within six months of the date of this public hearing. The Development Code Adjustment Board approved a variance for 38 parking spaces to permit ten spaces. The Land Development Code requires one parking space per 40 square feet of gross floor area including any outdoor seating area; the application does not indicate any outdoor seating area, therefore, the required number of parking spaces is 48. The variance approval was subject to the conditions: 1) The applicant shall obtain the required separation distance variance from the City Commission; 21 The applicant shall provide assistance to the staff in identifying available properties for the installation of public parking facilities; 3) Approval of this variance shall be for a 18-month trial period, after which time the request shall be reexamined by the Board to determine if the anticipated neighborhood orientation of the facility has changed and if parking problems have developed as a result (this condition is agreeable to the applicant); and 4) The applicant shall obtain an occupational license within six months of the date of this public hearing. A question was raised regarding the number of alcoholic beverage establishments tJ~) on N Greenwood and a definition of tavern dancing was requested. Application for Rental Rehabilitation Grant for 1991-92 (PL&D) Since 1984/ the City has administered a loan program to rehabilitate rental units for low and moderate income families. For FY 08/01/91 to 07/31192, $29,000 in funds will be available. The City currently has program income and unobligated prior years/ funds allocated to this program. Due to the small amount of available funds and the large number of deteriorated rental units, previous grants have not included administrative costs which were absorbed by the City. Eligible administrative reimbursement is 10% of the grant award ($ 2/ 900). The rental rehabilitation program is open to owners of rental units in the eligible census tracts in an area west of Keene Road and provides matching funds for up to 50% of the costs to rehabilitate a unit. Maximum funds per unit are based on the number of bedrooms, for example, a two-bedroom unit is eligible for matching funds of $10,350. Funds are repaid to the City over a 1 a-year period, with 5 % of the loan amount forgiven for each year it remains a rental. The City works with the housing authority to ensure that low and moderate income families will benefit from this program through use of the Section 8 voucher/certificate program. The Rental Rehabilitation is proposed to be phased out by the US Department of Housing and Urban Development tHUD). Rental rehabilitation assistance will be available through the HOME program. ., I......,) minws07b.91 12 07/15/91 ~~;t... ' . \ .-..., A question was raised regarding why these funds are being requested if they have not been used in the past. Mr. Polatty indicated an emergency homeless center may be able to use the funds. He indicated there is a need to market the availability of these grants. Chris Papendreas, Community Development Manager, indicated 50% of the loan is forgiven and 50% is paid back at no interest. She reported there are many applications in process at this time. LDCT A sUQoested bv public amendina the sian reoulations to oermit additional identification slans for subdivision and multi-family complexes when substantial street frontage is provided IPL&D) A letter from Raintree Village Condominium, Inc. describes a signage problem that may be applicable to similar complexes. While current City code permits only one identification sign per street frontage for residential properties, Raintree Village Condominium has two property entrances from one public street. It seems logical that similar developments could be permitted an identification sign for each driveway onto a public street, if significant road frontage is involved (e.g., more than 200 feet). Staff recommends the Commission provide direction to include an amendment permitting one identification sign per driveway for each subdivision or multi-family development, under certain circumstances, in the overall revisions to sign regulations. Consensus was to direct staff to pursue this amendment but to require more than 200 feet of frontage. (""J) Zon;nQ amendment to Research. Development and Office Park for a portion of Phase II and ..">V~, all of Phase III of the Park Place Development of Regional Impact (DRI) located between Drew St., Gulf-to-Bay Blvd., US 19N and Hampton Rd. (Building Operation Holding Company, Ltd., LUP91-04, 291-01) (PL&D) , Mr. polatty reported the attorney for the applicants agrees with the assignment of the Research, Development and Office Park zoning. Scott Shuford, Planning Manager, indicated the concern regarding delivery vehicles is not an issue, however, they do want to add medical products assembly as a use permitted in this zone. It was indicated this could be done by making it a conditional use and adding requirements for all those uses. Discussion ensued regarding the manufacturing designation with opinions being expressed that it is not objectionable as long as requirements such as minimum lot size, setbacks, etc. create an aesthetically pleasing development. Reference was made to the ICOT Center south of Clearwater. The City Manager pointed out that the ordinance regarding the Research, Development and Office Park zoning will apply City~wide. He questioned whether the proposed facility could be built under the current development of regional impact. It was indicated it could not. A concern was expressed that the lot size proposed in the ordinance establishing the zoning category was too small. Staff indicated the lot size was smaller because the need to apply this ordinance in other areas of the City. .-./' minws07b.91 13 07/15/91 , ...... . , ". ~ . ' ". . , " . . . . . . . . . . t.I....I..... '.. ( It",' ... _ .'. . . .. . ..---...,". Preliminary Site Plan for Salvation Army Offices, Clinic and Housina, located on the W side of N Ft. Harrison Rd., approx. 180' N of the intersection of Jones St. and N Ft. Harrison Ave., at 400, 408 and 410 N Ft. Harrison (PSP91-06) (Pl&D) This request is for a site plan review for the Salvation Army mixed use site on N Ft. Harrison Ave. including offices, a mothers' and children's clinic, and 13 housing units with associated parking on Parcel 1 that is currently zoned CG and RM 28. This proiect, part of the overall redevelopment of the Salvation Army site, contains Parcels 1 and 2. To not encumber future sales or development of these properties, the applicant wishes to develop Parcels 1 and 2 separately. At less than one acre in area, Parcel 2 is not subject to the formal site plan review process. A shared parking agreement will be established for the two parcels as access is to be shared; also, nine parking spaces required to serve the uses on Parcel 2 will be provided by Parcel 1 . Seventy-five parking spaces are required for the proposed uses on Parcel 1. With the nine spaces needed to meet Parcel 2 parking requirements, 84 spaces are required. The site plan lists the parking requirements of 83 spaces required and 85 provided (19 grass spaces). The site plan must be modified to reflect the required number of spaces. A conditional use permit will be required to permit 34 noncommercial parking spaces in the RM 28 district. On July 30, 1991, the Planning and Zoning Board will consider the conditional use application. ,---" Access to the main parking lot is from one central curb cut on N Ft. Harrison Ave., I--J approximately 290 feet north of Jones Street. A second, existing curb cut is to be removed. The site plan must be revised to reflect the removal of this accessway. The north parking lot (which contains only 14 of the proposed 85 parking 'spaces} is to be accessed from Georgia Street. A preliminary concurrency review indicates N Ft. Harrison is at the current level of Service (lOS) "D" and the proposed uses will generate more than 140 additional trips per day. The applicant must, therefore, submit a Traffic Impact Study to the Traffic Engineer. In response to a question, it was indicated the proposed uses are permitted by the zoning. A definition of correction facility was requested. Cooperation Aareement with Pinellas County for utilization of fundina to be provided under the HOMES federal housing program (Pl&D) In January 1991, the Federal government approved legislation to revise funding for housing assistance. Several components of the bill address diverse aspects of the housing delivery system. HOME, one component of the new legislation, will provide funds for housing acquisition, rehabilitation, new. construction, and tenant based assistance such as loans, interest subsidies, and equity investments. Funds must be matched at the local level from non-Federal sources. Matched funds may not be recaptured from the program. v minws07b.91 14 07/15/91 " .' l.' . r . ~.,. . . .. . ,. '. ;/.~ ;".' .' .--\ Requirements range from 50% for new construction to 25% for rehabilitation. Matching funds are required only when HOME funds are drawn down for a project. Funds are allocated on a formula basis. The budget allocation is being debated in Congress and entitlement amounts will not be known until the Federal budget appropriation is made. If the Federal allocation is $2 billion, Clearwater's funds will be more than $600,000. If funding is set at $500 million. the City's funding will be an estimated $150,000. It appears Clearwater's allocation will be inadequate to qualify for individual funding. The CitY's alternatives are to apply to the State for part of the State entitlement or to create a local consortium. Depending on the final level of funding, an additional alternative may be available. The consortium arrangement appears to allow the City the most direct access to funds. . Under the proposed agreement, Pine lias County will be joined by the cities of Clearwater and Largo. Funding distribution is proposed as follows: 1) Pine lias County will receive the entitlement amount it would be eligible for without the consortium; 2) If the Federal government publishes eligibility amounts for Clearwater and Largo, those published amounts will be basis for allocation under the County consortium; 3) If no entitlement amounts are published for the cities, the allocations of funding will be based on pro-rata share of each city's population. After the County's entitlement has been reserved, Clearwater will receive 60 % and Largo will receive 40 % of the remainder. The agreement may be canceled upon 90-days notice. Each project proposed for funding will be covered by a specific agreement. (:~} A question was raised why this agreement is needed if the program is Countywide. Mr. Polatty indicated the agreement will make it easier for Clearwater to receive funds. Rezonino Study for N Mvrtle and N Ft Harrison areas (PL&D) Curt Kiser contacted staff concerning the possibility of locating all or part of the Dorado Boat Builders operation (currently at 1401 N Myrtle Ave.) to a vacant parcel south of the current location in the 800 block of N Myrtle Avenue. The property in question is currently zoned Neighborhood Commercial along the Myrtle Ave. frontage and RM-8 on the portion of the block fronting Vine Avenue. Dorado Boats is an existing nonconforming use which is outgrowing its current location. The proposed location is desirable to the applicant because of its accessibility to the Seminole Street boat launching facility. Staff has had numerous conversations with representatives of the Old Clearwater Bay Neighborhood Association concerning the continued need to redevelop the N Ft. Harrison commercial strip. Zoning in both areas is a varied mixture of Limited Industrial, Neighborhood Commercial and RM-8 zoning. The staft has given a very preliminary examination of Mr. Kiser's request. While an individual rezoning of the property in question is not feasible due to "spot" zoning considerations, the area near this property does have the potential to be considered for a wider variety of commercial or industrial uses. The varied zoning in this area is not conducive to the establishment of a stable residential neighborhood because J minws07b.91 15 07/15/91 , . . .... '.~... . : . ..' . ",. , . '. ' I,' ~,~:..,... . ~ several relatively intensive industrial uses are in this area. In addition, the Neighborhood Commercial zoning along N Myrtle Ave. and N Ft. Harrison has not resulted in a successful conversion of substandard residential uses. Staff feels Mr. Kiser's request merits consideration only in the context of a broader study and recommends to the Commission that staff initiate a feasibility study of the potential of these areas for a comprehensive rezoning, that includes significant input from the N Greenwood Association and the Old Clearwater Bay Neighborhood Association. It was reported the Neighborhood Association is requesting the eRA district be extended to included some of this property. The project being proposed is not lengthy and it is to look at options for rezoning. It was requested that in the study the whole area and the history be considered and a quick and dirty study was not warranted. The City Manager indicated the area would be looked at in a comprehensive expedient, but careful, way. Consensus of the Commission was for the study to be done. A question was raised regarding what staff was advocating. Mr. Polatty indicated the study will evaluate to determine what is best. Additional industrial areas are being looked for. Mr. Polatty indicated he will be working with the Neighborhood Association. Work Priorities for the Plannina Services Division - Remainder of FY 1990/1 and all of FY 199112 (PL&D) .:J The Planning Services Division has identified eight primary work tasks to comprise the bulk of work priorities for the remainder of this year and into next fiscal year. Work Task 1 constitutes the major part of the divisional activity. Work Task 2 is the next highest area of work concentration. The Tasks are: 1) Task 1 - Public Contact, Case Application/Plans Reviews: This ongoing function of the Planning Services Division involves public contact for planning and zoning information and application processing; 2) Task 2 - Downtown CRA Plan: This project was moved up in Divisional and Departmental priorities. Specific subtasks are: A) develop a draft plan by 08/01/91 B) refine draft in accordance with administration directives by 08/30/91; C) citizen input at public meetings by 09/30/91; D) first public hearing on Downtown Plan and Special Transportation Area (ST A) by 10/31/91; E} adopt final plan by 11/30/91; and F) code and atlas amendments to implement plan by 05/30/92; 3) Task 3 - Clearwater Beach Task Force Report: This project is in the initial phases of staff analysis; direction from City administration and the Commission may be desirable to establish project parameters. Projected subtasks are: A) identify needed code and comprehensive plan amendments/areas of interagency coordination by 11/15/92; al code amendment limiting conversion of hotel/motels; receipt and referral by 11/91; b) code amendment allowing density bonuses for conforming new development/redevelopment; receipt and referral by 11/91; c) other items as established through direction from administration and Commission; B) development and adoption of code and comprehensive plan amendments by 06/92; 41 Task 4 - land Development Code amendments: Approximately one third of the second priority code amendments have been developed. Major upcoming amendments include revisions to the sign and alcoholic beverage regulations. This project is temporarily on hold while the Downtown eRA Plan is v minws07b.91 16 07/15/91 " . ',' .,.. ,+ '. I , '., '.' > H.~. . , ..--......., t;;~ -........J developed. Specific subtasks are: A) Completion of Phase II and remaining Phase I amendments by 12/92. Phase I: a) Bayfront "bluff" regulations; 'bl utility stations as conditional uses; c) develop amendments allowing compensating variations to dimensional requirements (e.g., height, setback, open space, buffers, etc.l to allow reasonable redevelopment at existing densities. Phase II: a) alcoholic beverage regulations; b) sign code revisions; c) structure height restrictions; d) deck length/width regulations; d) dumpster screening regulations; e) site lighting restrictions; f) rental period regulations; gl setback encroachments for unenclosed porches, fireplaces, etc. provided for (permit minor "architectural detail" encroachments into setback areas); h) allow owner's unit in motels/hotels without regard to density (must be combined with the office); i) streamline land Development Code (general intent of Healey Report and the leard-Merrill consultant study); 8) Completion of Phase III Amendments by 12/93; 5) Task 5 - Self-Sufficiency Plan for South Greenwood: This plan is mandated by the Neighborhood Reinvestment Corporation, the parent organization of the Clearwater Neighborhood Housing Services ICNHS). The concept behind this plan is for neighborhood residents to produce the major concepts of the plan through a charrette type process with staff moderating the sessions and typing the results. Staff is interested in the applicability to other neighborhoods in Clearwater. Additional public input is anticipated through September, with a late Fall 1991, completion date; 6) Task 6 - Annexation Program: This program is under development. An annexation Committee of relevant staff members will be formed with the assignment of preparing annexation incentives that target the highest priority properties for annexation. This project is on hold during the development of the Downtown CRA Plan. Once initiated, it is anticipated to be ongoing for the foreseeable or future (or until "enclave" annexation legislation is passed); 7) Task 7 ~ Pinellas Planning Council Consistency Program: Implement the PPC consistency program through amendments to the City Comprehensive Plan, land Development Code and land Use Plan maps. This project will be required under the PPC consistency program. PPC action will determine the project timetable; 81 Task 8 - North Myrtle and Ft. Harrison Avenues Zoning Study: This project will initially involve a feasibility study for resolving the incompatible mixture of zoning districts in the study area. Once this study is completed and Commission direction is received, the required administrative rezonings will be initiated. The feasibility study should be complete by 12/91, with the required rezonings/land use plan amendments completed by 06/92. The Planning & Development Director indicated from now until October 01, 1991, the emphasis would be on the CRA plan and trying to square off the boundaries. It was requested this be discussed by the Commission prior to too much being done regarding the expansion. The City Manager indicated the plan was to square off the property at Court and Missouri; expand north along Ft. Harrison mainly for residential and to expand south on Ft. Harrison to include the Dimmitt property. In response to a question. he indicated County approval would be needed for the expansion. He indicated the main reason for expansion would be for residential emphasis. A question was raised regarding what was to be gained by expansion. It was indicated if development of the Annex property was successful, it would result in an increase in income to the CRA that could be used for residential development. It was also minws07b.91 07/15/91 17 . ~. . ~ \ ' ," ~: ... "I' . . '\ . ,t-"" .\.... .-...,. stated the CRA would receive the County and City portion of the tax increment. Being In the eRA provides flexibility in condemnation powers, acquiring and selling land. Mr. Polatty stated the second priority would be to address the Clearwater Beach Blue Ribbon Task Force recommendations. It was requested the Commission review this and advise staff of any additions. A question was raised regarding rental period regulations in Phase II of Task 4, Land Development Code Amendments. It was stated the code should not encourage a more transient population. It was stated single family residential needed to be treated differently from multi-family. Consensus was its location in the priority listing was appropriate. In reference to Task 6 - Annexation Program, it was indicated there are no incentives for annexation. The City Manager stated Task 8 - North Myrtle and Ft. Harrison zoning study, would be incorporated with the eRA plan. Pinellas PlanninQ Council's Countywide Consistency Report (PL&D~ The Countywide Consistency Report establishes the framework for local government consistency with the Pinellas Planning Council (PPC) Countywide Plan. On 06/1 9191, to give local governments additional time for review and input, the PPC continued the review of the Consistency Report until the next scheduled meeting ,.'''''') (07/17/91). PPC felt it better to resolve concerns prior to initial adoption of the program. -.' The Countywide Consistency Report provides the criteria by which local land use plans and development regulations will be evaluated to determine consistency with the Countywide land Use Plan. Secondly, the Report defines the procedures by which local governments will implement the consistency program, including the timetable for implementation. Finally, the Report contains appendices that address the "Rules" (the technical specifics of what constitute acceptable implementation of the consistency program) and the areas of inconsistency with both the criteria and the Rules identified jointly by City and PPC staffs. Previously, the Commission has been updated on problems staff has identified with the Report (criteria, procedures and timetable) and the Rules (technical specifics like floor arealimpervious surface ratios). PPC Executive Director David Healey pointed out that the proposed ppe adoption of the Report does not constitute approval of the Rules which must be adopted by separate action. However, some problems identified by staff with the Rules have a direct bearing on the Report's applicability. For example, cases with variances to the Rules will be necessary for the City of Clearwater (e.g., the proposed floor area ration (FAR) which would be applied to the plan category in which Morton Plant Hospital is located would, without variance, effectively eliminate the possibility for the hospital to expand). The Report (Chapter VII, F.2., page 101) provides for such variances, however, staff research on this issue questions whether variances to land use plan {comprehensive , ..J minws07b.91 18 07/15/91 ~V'\.1:" . ~ plan) intensity standards will be permitted under State law. At this point, it seems unlikely the Department of Community Affairs (DCA~ will permit local variances to plan standards. On July 8, 1991, the Planners Advisory Committee (PAC) voted to accept an addendum to the Consistency Report proposed by PPC staff in response to concerns expressed by local governments concerning the Report. In terms of major issues, the Addendum provides or requires: 1) local acceptance of only those plan categories that "the local government determines appropriate to its plan"; 2) eventual esta blishment of threshold ("deminimus") amendments that will not have to go through the PPC review process; 31 provision of a variance mechanism in the revised Rules; and 4) an extended time frame for implementing consistency. Planning and Development staff voted against accepting the Addendum for the following: 1) The provision that a local government can accept only the plan categories determined appropriate for its plan allows Clearwater, for example, to establish one plan category covering all commercial zoning districts (as is currently done in the City's Comprehensive Plan). While this would eliminate the need for PPC review when Neighborhood Commercial zoning is changed to General Commercial zoning, a change from residential zoning to Neighborhood Commercial zoning (Le., from one major plan classification to another) would naturally be required to receive PPC review and would be judged as though the change was from residential to Highway Commercial zoning because the review standards used by the ppe (the Rules) will evaluate the proposed land use (zoning) change in terms of the highest potential FAR and other intensity standards allowed "."j in the applicable land use category. In effect, local governments will be forced to choose l,~ whether to adopt fewer plan categories and face restrictive review requirements when PPC review is necessary or to adopt more plan categories and subject zoning changes to more frequent, but often less rigorous, evaluation standards. If more categories are chosen, review procedures will be lengthened accordingly and communities will find their 30 acres of allowablE;! cumulative land use changes in a calendar year exhausted more quickly before DCA review is required for any land use change; 2) Staff feels since the Report constitutes the framework of the consistency program, it should include the proposed threshold requirements. If these are properly set to reflect only land use changes which truly have a Countywide impact, problems discussed concerning plan categories will be minimized. Staff suggests establishing the following threshold levels: A) require any plan amendment involving property larger than three acres to be reviewed by the PPC; B) Any local government which has adopted plan amendments involving a cumulative total of 30 or more acres of property in a calendar year shall be required to have all subsequent plan amendment(s); and C) all plan amendments involving property containing 1/2 acre or more within 200 feet of another local government jurisdiction will be required to receive PPC review. These proposed thresholds "dovetail" with both DCA review and State public notice procedures. Staff does not feel that previously identified procedural problems with the Report (categories, review scheduling, thresholds, variances and implementation scheduling) have been reconciled and the Report is ready for adoption. Staff does not recommend its adoption at this time. ~ minws07b.91 19 07/15/91 t.e.;:. '... --..., The staff's major concern is cities are being asked to accept the report prior to seeing the entire issue including the rules. The City Manager indicated it was preferred to see the whole package at one time. The difficulty is that a vote is to be taken at the PPC on Wednesday and Commissioner Berfield, the Commission's representative, needs direction. A question was raised regarding whether it was only the City of Clearwater that had a problem with the proposal. It was indicated that other city managers have a problem. Mr. Polatty indicated all cities have a problem with the rules as proposed by PPC. He indicated PPC staff is indicating that Clearwater is against consistency because we do not like the report. The City Manager emphasized the City of Clearwater is not against consistency. We just want to know up front with what we are dealing. An opinion was expressed that what was being discussed is County planning versus County-wide zoning. Mr. Polatty indicated PPC staff's attitude is to adopt the report now and worry about the remainder of the issue later. He stated no one wants to be against consistency. The City Manager indicated his recommendation was that Clearwater goes on record supporting consistency but that all of the rules should be seen before a vote is taken. The City Attorney stated consistency basically addressed intensity and density and for PPC staff to be indicating a variance would be allowed to that is ironic. Mr. Polatty indicated he felt the reason for the variance suggestion was to have the plan adopted. He stated his concern is a year from now staff would find that a variance was not obtainable. (~:,) A question was raised regarding whether the Department of Community Affairs would approve such a plan. Staff indicated they did not think so. Again, the City Manager indicated he felt the City needed to take a firm stand that it was for consistency but they want to see the whole package at one time. Mr. Polatty indicated it was Mr. Healey's opinion that the issues can be resolved. The City Attorney again expressed concern that allowing a variance inconsist~nt with the plan would be inconsistent with the plan. Consensus of the Commission was to support staff's recommendation. The Mayor pointed out that a decision needed to be made regarding the Maguire case, indicating that the Planning & Zoning Board had denied the Charter vote. The Hearing Officer had reversed the decision and the court had upheld the Hearing Officer. The City Attorney indicated he has filed a motion for rehearing. Consensus of the Commission was not to proceed. Edwin Johnson v. City - Plaintiff's offer of ioint stioulation for dismissal teAl The plaintiff's attorney has made an offer to enter into a joint stipulation with the City whereby all pending actions would be dismissed with prejudice with each party to bear his own costs and attorney fees. Rob Surette, Assistant City Attorney working on this case, recommends rejecting the proposal as he believes there is a substantial likelihood that the Federal Court will grant the City's per'Jding motion to tax costs and award attorney's fees which total $21,722.10. -....J minws07b.91 20 07/15/91 . . . q(' .... :'.. " ill. . f~~~l~~:<"" :; . '>) :: ~ ~, Mr. Surette reviewed the case, stating Mr. Johnson sued the City and the Police Officer for alleged civil rights violations as a result of Mr. Johnson's arrest at Studebakers. He stated on the third anniversary of the arrest, the suit was filed. Additional motions were filed through the process and the plaintiff's attorney tried to withdraw. The City and the Police Officer were dismissed from the suit and the City had filed for attorney fees. Consensus of the Commission was to support Mr. Surette's recommendation to not settle this issue. City ManaQer Verbal Reports A closed bargaining session was scheduled for July 29, 1991, after the Work Session. The City Manager questioned if the Commission wished any other action regarding the one-way street proposals on the beach. Bill Baker, Public Works Director, indicated the Task Force supports the plans submitted by Wade Trim while beach residents oppose it. It was indicated that the Planning Department work priorities and a survey being done on the beach will include questions regarding a one-way traffic pattern. Consensus of the Commission was to wait to discuss the one-way traffic pattern until the survey ;s completed. (;;~ The City Manager reported a computer system being replaced in the City Manager's office has no value on the open market. He stated Unisys has agreed to transfer the license and the software to Neighborhood Housing Services. The City Manager stated as other systems are upgraded, it will also be seen if other non-profit organizations can use the equipment. Consensus of the Commission was to approve this transfer of the equipment. Other Commission Action Mayor Garvey stated there is a study proposed regarding consolidation of County services. Her information is that the Mayors' Council opposes such a study and the Chamber of Commerce is questioning if the City of Clearwater supports the Mayors' Council. Commissioner Fitzgerald indicated the Mayors' Council is not in favor of an expensive study or a move to abolish smaller communities. He indicated the study was not defined to the Mayors' Council. It was pointed out that the fear of the cities regarding any study of consolidation was that it will lead to consolidations of government. Consensus of the Commission was that the City Commission of Clearwater does not support an unspecified study of consolidation. Mayor Garvey questioned the status of the sewer line on the Stowell property. The City Attorney indicated he has met with Mr. Stowell's lawyer and will return with a written proposal. Consensus of the Commission was to set an August 1 deadline for action on this issue. I ' ---.,) minws07b.91 21 07/15/91 !I".'r~.:;','.'~;'~. <: ",! {.. ,,-.1..;. ; ,J .. ., .' , ': . ,. t~:: ,~~~ . ,";>... . . ~~' .' ..~ .:' " ...... '<' ;~~...'.>. ," ~I. .:: . '. > (~>,":':.:' < ~.r'. I. '. ,. ~ t; . ':l.~~. " '~"'~ ' "'~,:'; I" .,' . , )0.;..: .', ~: . . : ::',. . "~;'K:,; ,:.; ,i.~i~);'~l{;~q.:.:it:.~:;\f;.;~~\\.:'~~~~:;!: ~'!,~~;H~ffff:f ~?-~~h ~lt.,<~{1!!, ''''-',~l~. :t".l"'"!.,~,z~ . \ . ~ I, ~ ,.1". '.>>-;,'y,'<;,.'L,\ ":,' ~ ,> ~~.~i.~:/'~>~.'~'\':'"'' i,:I' ~~"":E",.,>.'-"".~,:,<" ".: . '. \~ <.:..I:.:'~' \': ~.~>> ;.< 'i~ }..~ , . ..':;.~'il..'~.<'?!:~:~' ::Y;>'~.;..,::.;.'::~.:\:-:':'r'"',.T . ~ . +.. 4..,. . "'.:.",: .' .,:.' ..;':' :.,;,:,~/: '/:./'.;::';::':~:::;"'.::'~::0:~::::<'<'i,!'f.".;.~,:.,''1.11ey.o I.:' I, ~ .. .--.. , f "-~' Mavor G'arvev questioned discussion on the local option gas tax. It was indicated this will be scheduled for the next meeting. Mavor Garvev questioned the definition of a false alarm and questioned if a window is shaken and an alarm goes off why that is not considered a false alarm. Information will be provided to the Commission regarding the impact of the false alarm ordinance. Adjournment The work session adjourned at 3:43 p.m. : ./' .0 , ''....-J' minws07b.91 22 07/15/91