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04/17/1989 CITY COMMISSION WORK SESSION April 17, 1989 The City Commission of the City of Clearwater met at City Hall with the following members present: Rita Garvey Mayor/Commissioner Don Winner Vice-Mayor/Commissioner Lee Regulski Commissioner William Nunamaker Commissioner Richard Fitzgerald Commissioner Also present were: Ron H. Rabun City Manager M. A. Galbraith, Jr. City Attorney Cynthia E. Goudeau City Clerk The Mayor called the meeting to order at 9:15 a.m. and the following items were discussed: Waiver of Impact Fees for Emergency Homeless Project The emergency homeless project has requested the City to waive impact fees to reduce its cost in locating twelve mobile homes for the homeless on Engman Street. The request is partially based on what appears to be a wavier granted to the Pinellas Habitat for Humanity by St. Petersburg and Pinellas County. The City of Clearwater acts as the collection agent for the Transportation Impact Fee. To staff's knowledge, Clearwater has not waived Transportation Impact Fees to any organization. In fact, staff believes currently there is no mechanism to grant the request. The City Manager reiterated that staff has not found a legal way to waive the fees. A suggestion was made that a way be found to pay the impact fees out of the general fund rather than trying to waive them, if the agency is relieving a burden on the City. Discussion ensued regarding setting up a fund to allow the City to pay these fees for community service organizations. Concerns were expressed regarding setting a precedent in how many requests for such funding would be received. In response to a question, it was indicated this request is a result of a waiver provided by St. Petersburg and the County, however, staff has been unable to determine how these waivers were granted as the Transportation Impact Fee Ordinance does not provide for waivers. Discussion returned to establishing a fund for these types of requests and the need to establish criteria for people to be eligible to request these funds. It was also reported the Transportation Impact Fee is not the only fee being requested to be waived. The request includes water, sewer and recreation facility fees as well. Discussion ensued regarding the options available to the Commission in order to fund or waive these fees as requested. It was stated the Commission needs to accept the responsibility to acknowledge the homeless problem and be willing to do something. In response to a question, it was indicated the project can not proceed until the fees are paid. Consensus of the Commission was to ask the City Manager to review this request and to provide alternatives. Contract for the Repair and Replacement of the Roof located at 507 Vine Avenue to P. Greco and Sons, Inc., St. Petersburg, at a cost of $35,000.00 This will provide for repair and replacement of the roof located at the former Fleet Maintenance Facility. The facility is now occupied by several divisions of the Parks and Recreation Department. Questions were raised regarding investing $35,000.00 in this property when consideration is being given to consolidation of City facilities. It was indicated we are having to move some of the Parks and Recreation people out of the water pollution control area and even a consolidated City Hall would not provide for these types of facilities. The City Manager indicated he has asked Jim Hensley, the City's right-of-way agent to produce a comprehensive listing of properties owned by the City. Contract for 165 Toshiba Model T1200FB Lap Top Computers to A. P. Computer Systems, Clearwater, at a cost of $238,548.75 In October of 1988, the City Manager accepted a grant on behalf of the Police Department for the development of the Clearwater automatic data traffic accident program. This program will be an automated accident and police reporting system and provide a comprehensive community traffic safety program. The end product will be high integrity computer generated accident and offense reports. In addition, accident diagraming will be enhanced by computer generated predrawn intersections throughout the City. The selection of this model was based on a battery of utility tests and thorough field testing by the Police Officers who will be using the computers to complete their reports. A concern was expressed that Toshiba had been black listed due to it having sold technological secrets. It was emphasized these were chosen due to the extensive field testing and the police feel this will be a model program for this state. Police Chief Klein indicated the state has given another $70,000.00 in grants for this program. Contract for 72 metal Halide replacement light fixtures for Carpenter Field to Chemco Electric Supply, St. Petersburg, at a cost of $12,708.00 Over the past several years the City has been successful in replacing old less efficient light fixtures with the more efficient metal halide light fixtures on three of the four regulation fields at the Carpenter Complex. This contract will complete the fourth field. Some additional repairs and renovation to the primary electrical service remain to be completed at a later time. This item was submitted to and approved by the Commission on January 5, 1989. The previous low bidder, Wholesales Independent Electric of Pensacola Florida, would not honor the bid due to the time delay from submittal to award. The bid closed November 23, 1988 and the purchase order was issued January 12, 1989. In response to a question, it was indicated this was a typical bid time. George McKibben, the new purchasing officer, stated he is reviewing bid procedures. He stated however, this bid is $600.00 lower than the original bid awarded. C.O. #1 to Contract for the Marshall Street Advanced Pollution Control Facility, increasing the original contract by $18,287.00 to $16,717,287.00 This change order is to compensate the contractor for new work he has been directed to perform. Also included is a credit for a change to the original bid work. Concerns were expressed these needs had not been caught in the planning phase. A question was also raised regarding why the overhead and profit percent for item #D which provides for construction of a concrete wall to support the adjustable weirs was ten percent when the overhead and profit percentage for all other items was only five percent. Payment for Water Sampling Analyses to Haines Testing Laboratory, Inc., at a cost of $20,700.00 In order to comply with newly enacted rules and regulations from the Department of Environmental Regulation (DER) governing water quality standards, the City of Clearwater's water division contracted with Haines Laboratory to have the required analyses performed at the eighteen water supply wells now in service. Due to the deadline established by DER it was deemed impractical to seek competitive bids. This work has been completed and all wells have passed the required tests. Haines Laboratory has previously performed work for the City and their prices are comparable to other laboratories that offer this same service. This testing will be performed again in three years at which time we will have no time limitation and can obtain competitive bids. In response to a question, it was indicated this was a new requirement and had been mandated by DER. Request from Fun 'n Sun Committee for Waiver of Fees and Charges ($16,672.97) for 1989 Festival, and permission to authorize all vendors for Fun 'n Sun events On February 21, 1989, the City entered into an agreement with the Fun 'n Sun Festival whereby the City contributes $34,675.00 to the 1989 festival. Paragraph C of section one of the agreement states " The committee shall not incur any expense in the name of the City and shall not be entitled to the waiver of any fee normally charged by the City without the advance approval of the expense or the waiver by the City Commission which approval shall be given only at a regularly scheduled Commission meeting". During the 1989 festival, eight events sponsored by or under the umbrella of the Fun 'n Sun Festival Committee will involve the use of City services. The estimated cost of what the City would normally charge for these services is $16,672.97. The committee has formally requested these charges be waived. Requests similar to the above have been approved by the Commission in past years. The estimate for last year's festival was $14,620.00 while the actual was $12,798.14. In response to a question, it was indicated we do provide additional funds on top of the in kind services but the City does not fund the entire Fun 'n Sun Festival as they also have corporate donations. In response to a question, it was indicated the donation is reflected in the budget. Commission appointment of Commission members to represent them on Regional and Miscellaneous Boards A question was raised regarding whether or not Commissioner Nunamaker wished to continue to serve on the Tampa Bay Regional Planning Council. He indicated he needed to check regarding the meetings of the Pinellas Industry Council as he is interested in serving on that board. Questions were also raised regarding who would be the representative on the Suncoast Municipal League. Final decisions will be made at Thursday's meeting. Receipt and Referral of Petition for Annexation, RM-123 Zoning and a Land Use Plan Amendment to Medium Density Residential for property located at the SE corner of the intersection of Evergreen Avenue and Union Street, Lots 1, 2, 9 and 10, Blk E, Brooklawn Sub., Sec. 3-29-15 (Pearce) The presently vacant parcel is proposed to be developed with a small apartment building. The Pinellas County Land Use Designation on the property is Urban Low Density Residential. Discussion ensued regarding the need for the City to have jurisdiction over the property in order to proceed with the land use plan amendment. Under the new growth management law, the City can not show land use designations within its planning area unless the property is actually within the City's limits. Current enclaves show as blanks on the City's land use plan so any annexation will require an amendment to the County plan. It was indicated the blank space problem could be solved with an interlocal agreement between the City and the County. In response to a question regarding the City proceeding with the land use plan amendment after the annexation was finalized, it was indicated it is an inducement for annexation for individuals to know what land use plan category the Commission is willing to approve prior to proceeding with their annexation. The City Attorney indicated there was another option which would provide for the applicant to file an application for annexation and deannexation if the land use plan or zoning approved by the Commission is undesirable to the applicant. Concerns were expressed regarding the use of deannexation. Receipt and Referral of Petition for Annexation and IL Zoning for property located on the W side of Hercules Avenue immediately N of the S.C.L. Railroad, M&B 34.25, 34.26 and 34.27, Sec. 1-29-15, M&B 21.01, Sec. 12-29-15 (Clearwater Concrete Industries, Inc.) The request is an annexation petition for industrial zoning with a special stipulation regarding heavy industrial uses. The only industrial zoning category in the City of Clearwater does not permit heavy industrial uses. The applicant requests the Commission consider an appropriate method of allowing the existing heavy industrial use and expanded and/or new heavy industrial uses. The property is presently developed with six buildings being used as a concrete plant and offices for the plant use. If the annexation is approved, the existing use would become nonconforming and could continue but could not be expanded or put back if destroyed. Paula Harvey, Acting Planning and Development Director, indicated the applicants are refusing to delete the request for the heavy industrial use for which there is no provision in the City Code. She requested direction from the City Commission. In response to a question, it was indicated they may be able to do what they want to do if they stay in the County and do not annex. It was also indicated it was not known what specific industry they were planning to bring in. Discussion ensued regarding options to address the request. It was indicated that conditional uses could be provided for in the Code or the Code could be amended in some other way. Consensus of the Commission was to go forward with the receipt and referral and the public hearings and to provide direction to staff regarding possible revisions to the Code in the future. Receipt and Referral of Amendments to the Land Development Code Section 136.024(d) relating to Separation Requirements for Establishments Selling Alcohol Beverages (LDCA 89-07) The City Commission requested an ordinance to provide a 200 foot separation distance between new or expanded establishments selling alcoholic beverages licensed for package sales with a 1APS, 2APS or 3APS state license. New or expanded establishments licensed for consumption on the premises with a 1 COP, 2 COP or 4 COP license are now required to be separated from each other by 200'. It was stated this addresses separation distance between like designations and not between package sales and consumption on premises. Discussion ensued regarding the actual problem being from package sales at convenience stores and a question was raised regarding whether or not there could be a restriction on the hours of operation. In response to a question regarding what this ordinance would accomplish, it was indicated it will make it less convenient for people to obtain package sales. Some concern was expressed regarding needing to better define the purpose of the ordinance. Final Site Plan for Shoppes at the Savoy Phase II located on the W side of McMullen-Booth Road, N of Terrace View Lane, W portion of M&B's 32.01 and 32.02 (after ROW acquisition for McMullen-Booth Road) Sec. 9-29-16 (Sauder) The Commission reviewed a preliminary site plan for this development on August 4, 1988, and authorized review of the final site plan by the Development Review Committee (DRC). The DRC reviewed the final site plan and recommended approval. The previous concerns regarding internal drives, dumpster locations, landscape buffer, loading space and front yard open space requirements have been resolved by revisions to the site plan and/or variance approvals. In keeping with the request made by Pinellas County, staff would recommend an additional condition requiring a statement on the plan indicating there will be no canopy encroachments into the right-of-way for McMullen-Booth Road. It was indicated the front half of this building was lost to the widening of McMullen-Booth Road and the plan has been completely redone since the first submittal. In response to a question regarding how this will fit in with the comprehensive plan, it was indicated there was no problem with the level of service for McMullen-Booth Road. Preliminary Subdivision Plat for the Replat of Lots 22 and 23, Eagle Estates located on the E side of Eagle Estates Circle East, E of Landmark Drive, between S.R. 580 and Curlew Road, Sec. 20-28-16 (Warren) The applicant is requesting approval to replat two existing lots within the platted planned single-family subdivision recorded as Eagle Estates. The proposal would reduce the size of lot 23 and the portion eliminated from lot 23 would be added to the north 1/2 of lot 22. The south 1/2 of lot 22 is in common ownership with lot 21 for a single family house. It was indicated lot 21 contains a protected marshland which can not be built upon. This will result in two buildable lots that meet the code requirements and deed restrictions. Questions were raised regarding whether or not the applicants would be willing to stipulate that no variances would be requested. A question was also raised regarding whether or not the surrounding neighbors had objected and it was indicated they had not been notified. It was requested this be attempted. Clearwater Pass Bridge Claim Leo Schrader, Assistant City Attorney, reported regarding the status of claims for losses on the Clearwater Pass Bridge. He indicated claims for charges for maintenance on the bridge have been eliminated and the actual invoices for bridge repair have been submitted. He stated Lloyds of London has not rejected the City's claim but we have had to refile and provide them with needed documentation. In response to a question regarding why they first rejected the City's claim, Mr. Schrader indicated the City did not submit its claim properly. It was indicated this was information only and did not require action by the City Commission. Romatz v. City - settlement of lawsuit On December 30, 1985, Miriam Romatz was descending the stairway at the east end of the Clearwater Marina building from the second to the first floor and fell down the stairs. There were no eye witnesses to the fall and the condition of the steps has been disputed. Mrs. Romatz injured her left leg and left shoulder in the fall. She continues to have symptoms regarding her left shoulder and has a 3 1/2" permanent scar on the left leg. It is the recommendation of the claims committee and Gallagher Bassett that this be settled for a sum of $7,500.00. McCloud v. City - settlement of lawsuit This is a suit resulting from the shooting of John Young. The case was taken to a mediator who recommends $54,000.00 as a settlement for this wrongful death claim. Clearwater Industrial Park Deed Restrictions The City received a request from UPARC to resolve questions which have been raised with respect to certain deed restrictions imposed in 1957 on property located in the Clearwater Industrial Park Subdivision. More specifically, the City has been requested to either release the UPARC property from the covenance and rely on current zoning or to informally waive deed restrictions by letter upon a showing of compliance with current code requirements. It was stated the only significant difference between the deed restrictions and current code deal with setbacks. A question was raised regarding whether or not the Commission could unilaterally remove these restrictions if some people have previously met them. It was indicated we would need the consent of the owners. Michael Robertson, representing UPARC and a perspective owner, stated they discovered the deed restrictions after plans had been developed. A concern is in regard to setbacks and usage and an office is planned for this site. Concerns were expressed regarding the legality of amending these deed restrictions. Mr. Robertson suggested the Commission consider a waiver of the restrictions for the one side setback in the interim and allow time to poll the property owners. Concerns were expressed regarding the City being responsible for enforcing these deed restrictions and approving a known violation of the restrictions. Mr. Robertson indicated the same buyer is on contract to buy the adjacent land and perhaps a unity of title would settle the setback problem. Concern was expressed that more research was needed. It was indicated if all the property owners agree that there should be no problem. Other Commission Action A request was made that consideration be given to celebrating the City's 75th Anniversary in May of 1990. Verbal Reports The City Manager reported he was unsure whether the budget meeting scheduled for May 5 was needed. It was reported that Largo is requesting assistance regarding the reassignment of zip codes to keep them within City boundaries. There was no consensus. The meeting adjourned at 11:59 a.m.