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10/01/1990 CITY COMMISSION WORK SESSION October 1, 1990 The City Commission of the City of Clearwater met at City Hall with the following members present: Richard Fitzgerald Vice-Mayor/Commissioner Lee Regulski Commissioner Sue A. Berfield Commissioner Absent: Rita Garvey Mayor/Commissioner William Nunamaker Commissioner Also present were: Ron H. Rabun City Manager M. A. Galbraith, Jr. City Attorney Cynthia E. Goudeau City Clerk The meeting was called to order at 9:08 a.m. and the following items were discussed. Contract to provide architectural services for the Sailing Center Building to Fowler Associates Architects, Inc. for a single stipulated sum of $26,300.00 for basic services and a "not to exceed" sum of $16,150.00 for additional services as needed (PR) On September 6, 1990, the City Commission approved the following ranking of architectural firms for the Sailing Center Building as follows: 1) Fowler Associates Architects, Inc.; 2) Mudano Associates Architects, Inc.; 3) Myers, Plisko, Ott, Architects, PA. In addition, staff was authorized to negotiate a contract in the order of ranking. On Tuesday, September 18, 1990, staff met with Fowler Associates Architects, Inc. and negotiated a "Standard Form of Agreement Between Owner and Architect." Under "Basis for Compensation", the architect will receive a single stipulated sum of $26,300 for basic services. These monies will be paid in percentages as various phases of the project are completed. "Additional Services" are outlined, each with it's own "not to exceed" budget. These are items where dollars may be spent on a unit basis at actual cost. In some of these cases, the architect is being asked to perform contract management services to most efficiently coordinate work efforts. Some of these services would otherwise be accomplished by the owner. These "not to exceed" budgets total $16,150 but monies will be spent only as needed. At such time as all design documents and specifications are complete, the project will be advertised for bid and subsequently brought to the City Commission for final review and approval of construction. The 1989/90 Capital Improvement Budget includes $305,847 for professional services and construction. A question was raised regarding whether or not the monies to be paid during the construction phase included construction inspection. It was indicated there are certain inspections done by the architects to ensure that the building is being constructed in accordance with their plans and specifications. Concern was raised regarding expending this money if the City of Clearwater had the personnel to do this in-house. It was explained that the $5,260 for this is part of the lump sum contract amount. Consensus of the Commission was for this to be investigated. A question was also raised regarding donations to the Sailing Center. Ream Wilson, Parks and Recreation Director, indicated $13,000 in donations had been used for Phase I, and additional monies are being used for this phase of the construction. Contract (10/1/90-9/30/91) to purchase computer maintenance services from Concurrent Computer Corp., Neptune, NJ, for $17,966.40 (PW) Ongoing, full-service maintenance is required for the City's traffic control computer system. Diagnostic testing, scheduled and unscheduled maintenance is required to ensure uninterrupted traffic control. This service can only be performed by technicians specifically skilled and trained on the Perkin-Elmer system. Other third-party maintenance contractors are available, but none have acquired the expertise needed or the replacement parts in stock for this system. Therefore, the Traffic Engineering staff recommends renewing the annual maintenance contract with Concurrent Computer Corporation, a wholly-owned subsidiary of Perkin-Elmer Corporation. A question was raised regarding whether or not the County would pay for the maintenance once the County system was in place. It was indicated that while the County has purchased the system, the City owns it and will be responsible for maintenance once the new system is installed. In response to an additional question, it was indicated plans are to have the new system on line by January, 1991. Resolution 90-41 (Cont. from 9/20/90) - Increasing liability coverage for the City's Liquefied Petroleum License (CM) The State of Florida, by enacting Florida Statute 527.04, increased the bond coverage requirement for Liquefied Petroleum dealers from $100,000 to $300,000. The Clearwater Gas Company Bond is carried with The Fidelity and Deposit Company of Maryland. The annual premium for the $100,000 bond previously carried was $1,720. The new premium for $300,000 is $3,000. Per request of the Commission, staff asked the Florida Dept. of Insurance whether an irrevocable letter of credit or certificate of coverage from our self insurance fund would meet state insurance requirements and were told the only acceptable forms of coverage is an insurance policy or surety bond. A question was raised regarding whether or not an insurance policy would have been less expensive than a bond. Kathy Rice, Assistant City Manager, indicated there was generally not a large difference between the two types of insurance. Clearwater Housing Authority - 1 appointment (CM) Howard Groth, Chairman, is eligible for reappointment to this board. Commissioner Regulski expressed concerns regarding boards which have no limitation on the number of terms a member may serve. This concern was that there needs to be some turnover on these boards. He stated that, while he does not object to Mr. Groth's reappointment, he felt the board as well as the Commission needs to look for change on this board. Request from Upper Pinellas Association for Retarded Citizens (UPARC) for waiver or payment of City Impact Fees (CM) UPARC has requested a waiver or payment of certain fees that will be assessed against it for its residential development on Highland Avenue. Mayor Garvey has requested this item be continued until such time that the full Commission would be in attendance. Commissioner Regulski expressed concerns regarding a difference needing to be made between fees and charges. He also expressed concern regarding the way in which the transportation impact fees may have been calculated, stating there are mitigating circumstances in this development that would result in it not being set for a full multi-dwelling unit development. The item was pulled and will be rescheduled for October 18, 1990. Modification to the RPD Site Plan for Fairwood Forest, Lot 109, located at 628 Fairwood Forest Drive (formerly known as Fairwood Townhouses or Fair) (PLD) The master RPD site plan for this 11.4 (gross) acre development was originally approved by the City Commission in October of 1980. The zero lot line, townhouse development consists of 109 units, at a density of 11.7 units per (net) acre. City Commission policy CC-31 does not allow requests for additional enclosures in a residential planned development project that have been approved with zero lot lines to be accepted. The applicant is requesting Commission reconsider this policy and permit a 348 square foot enclosed room addition to be constructed on the front of the existing residence at 628 Fairwood Forest Dr., the closest point to be 20 feet from the property line adjacent to Fairwood Forest Lane. While the proposed addition was not drawn on the master plan, the proposal is not inconsistent with other existing residences within the development (the residence two lots to the west of the subject property is approximately 18 feet from the adjacent street), and furthermore, the addition conforms with the minimum setbacks required on the approved master plan. Jim Polatty, Planning and Development Director, indicated approval of the request will allow filling in between the building and the carport where a wood deck currently exists. Concerns were expressed regarding the Commission using the commitment that the addition will be of the same material and like design as a justification for approving the amendment. Concerns were also expressed that, while this particular amendment may be small, it could be setting a precedent and the overall impact would be great. A question was raised regarding whether or not there were any deed covenants that would be violated by this addition. The Planning and Development Director will report regarding impacts of this addition. Ordinance #5032-90 - Providing for the repair or reconstruction of nonconforming densities and intensities of use in structures located on barrier islands The City Attorney indicated the Planning and Development Department has requested an amendment to the ordinance which would delete the phrase "to the land development regulations relating to flood protection" from Section 136.007(h)(1). Discussion ensued regarding the effect of this amendment and what staff was attempting to accomplish. It was indicated the amendment is wanted in order to assure that any reconstruction or repair to buildings that are damaged less than 50% of the market value be reconstructed or repaired with the same footprint of the existing structure. Concerns were expressed that the proposed amendment does not adequately address this concern. The City Attorney and Planning and Development staff are to develop appropriate language prior to Thursday night's meeting. Ordinance #5037-90 - Adding "Neighborhood Utility Facilities" as conditional uses in each of the single-family and multiple-family residential districts and the mobile home park district The Development Code Adjustment Board has recommended that Section 136.025(c)(18.1)(b) be amended to provide that, when reviewing the conditional use locations for neighborhood utility facilities, the Planning and Zoning Board consider not only the compatibility, but the aesthetics of the surrounding neighborhood. Scott Shuford, of the Planning and Development Dept., indicated this would require amendments on both pages 8 and 9 of the ordinance. Concerns were expressed regarding consideration of aesthetics and how this would be applied. Commission consensus was to only address compatibility with the area. Concerns were also expressed regarding this section requiring that the size, scale, mass and appearance be considered. It was felt this language also needed to be addressed. Ordinance #5035-90 - Relating to nuisances The Planning and Development Director indicated a definition for inoperable vehicle is still being worked on. Other City Attorney Items The City Attorney reported that the Second District Court of Appeal had revised its decision on the Pelz v. City of Clearwater case and now finds that the City has no liability in this drowning. He stated he will be reviewing the proposed bill regarding sovereign immunity in light of this finding. Concerns were raised that the City should go forward with the proposed bill and not consider dropping it due to this court decision. It was indicated this decision will more than likely be appealed. The City Manager indicated he is in the process of preparing the Legislative Package which will be brought to the City Commission for review. Verbal Reports The City Manager questioned whether or not the City Commission wished to put on hold the selection of sites to be considered for the conference center until such time as some preliminary economic viability information can be generated. Consensus of the Commission was this was not the case as the reason for only the two sites being chosen was the other sites were unapprovable. Consensus of the Commission was that should the conference center committee develop additional sites, they could come back to the Commission for approval for these sites to be studied. Other Commission Action A request has been received from Wallace Pope, representing the Florida Orchestra Trustees, requesting the Commission make an appointment to this board. Consensus of the Commission was to consider this at the October 18th meeting. Commissioner Regulski questioned the status on the sign variance and code enforcement citation ordinances. Jim Polatty, Planning and Development Director, indicated the Code Enforcement Citation ordinance is in final staff review, and he hopes to bring it to the Commission for receipt and referral at the next meeting. The City Attorney indicated he would have a first draft of the sign variance ordinance for the next work session. Commissioner Berfield questioned whether or not the issue of the Quit Claim Deed from the Center Foundation had been resolved. The City Attorney indicated he had sent the document back to the Foundation some time ago. Commissioner Berfield requested we make sure the document has been recorded. Commissioner Fitzgerald reported that the Mayor's Council Sign Committee had its first meeting and he had been elected Vice-Chairman. He stated the Committee had set a date of March 1, 1991 to have its recommendation to the County. He reported further that they will be meeting on the 2nd and 4th Tuesdays of each month. Commissioner Regulski expressed concerns regarding the County implying that the City of Clearwater should make a decision regarding the Raddison boat slips. He stated it is the County's authority and they need to make the decision. The City Manager indicated he has responded to the County regarding this issue. The meeting adjourned at 10:45 a.m.