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04/29/1991 CITY COMMISSION WORK SESSION April 29, 1991 The City Commission of the City of Clearwater met at City Hall with the following members present: Rita Garvey Mayor/Commissioner Sue Berfield Vice-Mayor/Commissioner Lee Regulski Commissioner William Nunamaker Commissioner Richard Fitzgerald Commissioner Also present were: Michael J. Wright City Manager M. A. Galbraith, Jr. City Attorney Cynthia E. Goudeau City Clerk The meeting was called to order at 9:35 a.m. Verbal Report Michael Wright, City Manager, stated staff had proceeded to contract for two roofing jobs, the beach fire station and the annex, for a total of $13,000. This was due to damage from the April 25th storm. The work had to be done over the weekend. He will be bringing forward a formal item for the Commission to approve this expenditure Thursday night. Lease Agreement with Stone Buick for a three year period for the city-owned property located at 1165 Cleveland Street (ED) On February 27, 1986, the City and Stone Buick, Inc., signed a two year lease agreement for city-owned property at 1165 Cleveland Street. On May 14, 1987, an amendment to the initial lease extended the lease term for five years from March 1, 1986 to February 28, 1991. Stone Buick has asked the City to conclude a new lease agreement for a period of three years. Should either party wish to terminate the agreement without penalty prior to the three year period, a six month termination clause is included as a lease provision. The City has exercised the land option contained in paragraph 16 of the 1987 lease. Consequently, the proposed three year extension contains language pertaining to Lot 4 of Janie Daniels Subdivision, which now must be included in the Stone lease. All other terms and conditions of the lease are to remain the same. The City Manager indicated the Stones are contemplating a second dealership. He stated monies generated from this will be used to buy other properties. C.O. to the contract with Misener Marine Construction, Inc. for construction of a 4" gas main on East Lake Road increasing the amount by $13,599.50 for a new total of $92,239.16 (GAS) Clearwater is participating with Pinellas County under a joint participation agreement (JPA) to lay gas lines along the right-of-way of the new Tampa Road/East Lake Road interchange project. This early action is always a cost effective means to extend gas lines in conjunction with other utility relocations/construction associated with new roadway construction. The Gas System would like to construct 3,450 feet of 4" polyethylene gas main along the right-of-way of East Lake Road, including a crossing of Brooker Creek, using the new Brooker Creek Bridge. Pinellas County informed the City that future installations of any utilities, attached to the new bridge would not be approved. This presents a one time opportunity to use the bridge while still under design/construction to suspend the City gas line over the creek crossing. A question was raised regarding whether or not there would be any gas going through the pipe and Terry Neenan, representing the gas division, stated the gas main will not be live until after the road construction. Contract for the design and installation of an automatic sprinkler system to Gulf Fire Sprinkler, Inc., for $15,786 (GS) When the City's fire stations were built, sprinkler systems for the protection of the living areas that abut the engine and apparatus areas were not installed. A four-year program now is recommended to sprinkler all fire stations for safety of personnel, beginning with the main station at 610 Franklin Street, with its associated maintenance facility. A question was raised regarding why a smoke alarm would not be sufficient for this application. The City Manager indicated the Fire Chief is attempting to meet the NFPA 1500 standards which deal with fire departments and the sprinkler system would be beneficial for living quarters. Kathy Rice, Deputy City Manager, indicated the City will be required to meet the NFPA 1500 standards which deal with fire departments in some future year and it was decided to phase them in for the living quarters only. Consensus of the Commission was for staff to research this further and to pull this from Thursday night's agenda. Contract for purchase of one 4x4 Utility Jeep Vehicle to Bill Bryan Jeep, Inc., Mount Dora, FL, for $14,225.50 (GS) This type vehicle is used by the Envrionmental Division of the Public Works Department in the inspection of water quality, land/site and retention/detention ponds. Funding for this purchase is budgeted in the Capital Improvement Project for the Garage Fund for Equipment Replacement. Concerns were raised regarding the service record and safety of the jeeps. It was indicated the jeeps do require more maintenance but it is because they are used on the beach, not because they are jeeps. Contract for the construction of a restroom building on Clearwater Beach to Drac Construction Co., for $13,483 (PR) On February 1, 1990, the Commission approved the construction and locations of three additional restroom facilities on Clearwater Beach. Two of these facilities have been completed but the third location, being seaward of the Coastal Construction Control Line, required approval from the Department of Natural Resources (DNR). The City has since received the permit and final approval from the DNR. The City Manager indicated this would be the third restroom on the beach and due to regulations for accommodating the handicapped, the design had to be amended so there are now only five stalls. Ream Wilson, Parks and Recreation Director, indicated there had been some requests to dress up the roofs of the restrooms. This can be done at a later time. The current design is extremely practical and easy to maintain. (Cont. from 4/18/91) C.O.#8 to the contract for the Marshall Street Advanced Pollution Control Facility Project, adjusting the total contract amount to $17,328,600 and amending the project budget to $18,350,000 (PW) The purpose of this change order is to compensate the contractor for the revisions he has been directed to perform. Change Order Items which have been completed are those which could have caused delay in completion of the project if not done immediately. Changes proposed or completed include: providing additional electrical reliability and reducing electrical energy costs at the Marshall Street facility by installation of two additional standby generator units, two fuel storage tanks and all required appurtenances; installation of floor drain at Grit Snail and Influent Pump Station Dumpster; provide additional piping and modifications to reduce grit build-up in the Grit Tea Cup System; and installation of fiberglass grating with aluminum supports at self-contained weir gates at Aeration Reactors 4-13. Bill Baker, Public Works Director, reviewed the status of the facilities. In response to a question, he indicated there would be sludge treatment for all three plants but it will be at the one facility. In response to questions regarding sludge processing, Mr. Baker indicated there is a new rule that the sludge must be sterilized. He stated staff plans to institute a process which mixes the sludge with lime and then heats it with gas to pasteurize it. The resulting material can be disposed of at almost any location. In response to a question, it was indicated there may be some market for the sterilized sludge. Discussion ensued regarding the generators and it was indicated these are needed in order to provide complete reliability for the reclaimed water system. A question was raised regarding why the City is not using natural gas powered engines and it was indicated they are three times the cost of the diesel engine being proposed. Also due to this being a stand-by, rather than a full-time generator, the diesel was preferred. In response to questions regarding the number of generators needed, it was indicated the East Plant already has the generator, the Northeast does not and a dual source system, which was tried, was found to be unreliable. In response to a question regarding the Marshall Street and Northeast Plants being under budget, it was indicated the generators were not a part of the original plan. Surplus funds are being used for the purchase of the generators. Parking in the right-of-way on Hamden Drive for Ann Esther Inn (PW) Mr. George Athens, representing the Ann Esther Inn, has requested the City construct four parking spaces within the east right-of-way of Hamden Drive and its intersection with Third Street for the purpose of licensing such spaces for the exclusive use of patrons of the Ann Esther Inn. Mr. Athens desires the same type arrangement made some five years ago between the City and the Sea Cove Motel, similarly situated approximately 300 feet south of the Ann Esther Inn. The City Manager indicated this boils down to a philosophical issue regarding whether or not the Commission feels this is the proper thing to do. Discussion ensued regarding setting a precedent and it was indicated this has been available to the owners on Hamden Drive since 1985. Concerns were expressed regarding a similar request coming from other areas of the City and whether or not the City would be able to deny those if they grant this. First Reading Ord. #5098-91 - Cruising Control Ordinance (CM) The proposed "Cruising Ordinance" is a much discussed attempt to help alleviate traffic congestion on Clearwater Beach. It is an experimental ordinance that will automatically expire as of October 1, 1991. The four month test period should provide ample information as to whether or not an ordinance should be adopted on a permanent basis and how the cost of the additional enforcement effort can be funded. The City Manager reviewed the ordinance stating that once traffic reaches a certain point, the beach will be declared to be in a traffic emergency. Tag numbers will be entered into the computer and a car will be warned the second time it passes through a certain checkpoint and ticketed if it passes a third time. He stated this will be labor intensive and cost approximately $145.00 an hour. Discussion ensued regarding the use of police officers and it was indicated due to this being a temporary ordinance, plans were to use officers on overtime, and not reassigning officers. The program will actually use four police aides who will do the entering of the tag numbers and four officers. In response to a question, it was indicated currently four to seven officers are on the beach on any one given night. These officers will be allowed to do their regular duties and the overtime officers will enforce the ordinance. Discussion ensued regarding the impact of the ordinance and it was indicated staff needed the four months to evaluate it. In response to a question, it was indicated if the ordinance is successful, it will reduce the number of vehicles on the road. Discussion ensued regarding how the ordinance will be implemented and in response to a question, it was indicated it does allow a person to explain what they are doing if they have passed the checkpoint an excessive number of times. The City Attorney indicated it is designed to eliminate unnecessary repetitive driving. In response to a question regarding why it is automatically repealed on October 1st, it was indicated it allows the City to adopt this as an experimental ordinance to see if it works. The meeting recessed from 10:35 a.m. to 10:49 a.m. (Cont. from 4/4/91) Variances to Sign Regulations; for property located in Lokey Sub., Blk A, Lots 1 and 2 and Sever Park Sub., part of Lot 1 (Lokey Motor Co., Inc., SV91-07)(PLD) The applicant is requesting a number of sign variances in order to permit increased identification of an auto dealership located on the west side of US19N between Druid Road and Harn Boulevard. The applicant is proposing to add two new pole signs along the US19 frontage, as well as to relocate an existing pole sign which was previously granted a variance. The two new signs would advertise the Infiniti automobile line and the Pre-Owned (used) car operation. The sign to be relocated advertises the Sterling car line. The applicant contends that a resubdivision of the property would allow more signage. This would be the case, except that a unity of title has been recorded unifying all parcels as one development. Staff would likely require substantial modifications to vehicular circulation and other site improvements if the unity of title was lifted or the certified site plan modified. The applicant also contends that franchise requirements restrict signage for his property (e.g., Mercedes will not permit "sharing" a sign with Infiniti, and vice versa). This will be a frequent argument for sign variances. However, there are car dealerships all across the country which have been able to modify corporate "policy" as a result of far more stringent sign regulations than are in effect in Clearwater. Since the request is being reviewed under the City's current sign code, staff must find that the applicant has provided no evidence that an unnecessary hardship exists or that the request is a minimal one. Of the types of variances requested (freestanding signs vs. attached signs), staff feels the freestanding sign request is clearly the more objectionable. A question was raised regarding how this establishment would meet the business complex interpretation and it was indicated staff will be meeting with the applicants later this afternoon. Jim Polatty, Planning and Development Director, indicated one license and a unity of title would be needed but it would still not allow the freestanding sign. Establishment of a Rehabilitation Specialist position within the Planning and Development Department (PLD) Last year, the CDBG program, which includes both City and Clearwater Neighborhood Housing Services, completed 32 rehabilitations and expended $514,711 in funds. The Rehabilitation Specialist is responsible for working with homeowners to prepare their work write-ups, handling bidding, and overseeing jobs under construction for contract compliance. Under the term of the incumbent's contract, benefits such as vacation, sick leave and health insurance coverage have been extended. It has been recommended by the Personnel Department that this position be established as a permanent Civil Service employee at Range 55 with an entry salary of $21,648 per year. This is the same pay grade as is currently applied to the contract employee. In the event CDBG funding is not available in future years, this position will either be eliminated or will become an additional position of the General Fund and funded with General Fund dollars. The City Manager indicated this position has been filled by a contract employee for eleven years and it is out of the traditional spirit of contract employees. Discussion ensued regarding the need for this change with concerns being expressed this is going the opposite direction from privatization which has been proposed. Concerns were expressed regarding denying this long term employee City benefits. It was emphasized this position is paid for through Community Development Block Grant monies. Concerns were expressed this cost will continue to increase if the individual is a permanent full-time City employee. A question was raised regarding what the consequences would be if the person in the position could not pass the test and it was indicated the City would then hire off the list of individuals who do pass the test and are qualified. Mr. Polatty distributed housing plans for use in the Infill Housing Program and indicated it was hoped that more plans would be approved. In response to questions, it was indicated builders are being cleared financially by banks. Receive staff update on the Pinellas Planning Council Consistency Program (PLD) The Pinellas Planning Council (PPC) draft consistency report describes the consistency program as well as the progress to date on achieving the goals of that program. The report also provides what each local government in Pinellas County must do in order to achieve consistency with the county-wide plan. Staff is seeking direction from the Commission regarding action to be taken regarding the various issues which affect the City of Clearwater. Issue #1 - Countywide Plan Categories The report establishes a large number of countywide plan categories which will not all pertain to the City of Clearwater. Each category has specific requirements concerning density, intensity of use, types of use and traffic generation rates. For the most part, where this categories do not correspond between the county plan and the city plan, it is simply a nomenclature problem. One issue of concern is that the PPC staff is recommending conservation areas be designated preservation. The City's current land use plan designates these areas as conservation in accordance with the Florida Administrative Code. There is no definition of preservation in the code and the code also states that conservation uses are to be shown on all future land use maps. The second issue concerns institutional and transportation/utility plan categories. The PPC staff has essentially divided standard Public/Semi-Public types of uses into two separate land use categories. City staff feels this separation is redundant. This essentially addresses an overall issue of land use categories becoming zoning categories rather than the broad general categories they should be. The PPC staff has indicated the separation is necessary in order to allow accurate monitoring of institutional versus transportational/utility uses. Under PPC staff's recommended approach, institutional uses include government offices, schools and hospitals. The transportation/utility plan category contains uses such as water and sewage treatment plants and similar facilities. Staff recommends the proposed preservation plan category be renamed conservation and that the proposed institutional and transportation/utility plan categories be combined into a single plan category. Issue #2 - Density The proposed consistency report establishes specific density requirements for the various plan categories which differ slightly from the current categories used by the City. Additionally, the unit of measure for density in the PPC consistency report is units per gross acre while the City uses units per net acre. The difference in these two measurement techniques is that Clearwater subtracts the area devoted to property access from the gross site area with maximum reduction of gross area of 8%. The City's zoning districts fit fairly well in the plan categories proposed by the PPC staff when the maximum percentage, 8% of area for access ways, is subtracted from the overall density permitted in each zoning district. However, PPC staff is forced to regard the potential density because it is conceivable that a project could be so designed that access ways are not subtracted from the overall allowed density. Unfortunately in many cases, this interpretation requires the inclusion of several of the City's residential zoning districts into higher density plan categories. The RM-8 district, for example, would be placed in the residential low medium plan category which allows up to ten units per gross acre. The second component of this issue is the need to create a new RM-10 district to cover the Seville property. Staff recommends revising the Land Development Code to establish a gross density measurement and creating the new RM-10 zoning for Seville. In response to a question, it was indicated this will simplify density calculations for the City. Issue #3 - Intensity The PPC staff measures intensity of development by two factors, floor area ratio (FAR) and impervious surface ratio (ISR). The City also uses FAR to determine intensity of use but relies on open space percentages instead of ISR percentages. Generally, there is little difficulty in converting to the ISR, however, there is one area in which a Land Development Code Amendment would be needed to increase open space requirements, that is for the beach commercial district where a 5% ISR would need to be established. This corresponds to a 5% open space requirement. No open space requirement is currently provided in the beach commercial district. Concerning FAR, there are several adjustments which will be required under the consistency program. First, the maximum FAR in the General Office district will need to be reduced to .5 from a potential .6. In the North Greenwood Commercial district the FAR will need to be reduced from .6 to .55. In the Limited Industrial district the maximum FAR will need to be reduced to .75 from no maximum FAR required. In the Open Space/Recreation district the maximum FAR will need to be reduced to .25 from no minimum FAR. Finally, within the Public/Semi-Public district the maximum FAR must be reduced to .7 from 1.0. The major concern regarding these changes lies within the Public/Semi-Public district which has a potential for creating problems for such uses as hospitals. Staff's only recommendation regarding intensity is that the maximum FAR in Public/Semi-Public be no less than 1.0. Discussion ensued regarding people unable to meet the FAR's and concern was expressed regarding whether or not variances would be allowed. It was indicated that PPC is stating variances could be granted. In response to a question, it was indicated downtowns are exempt from the requirements as central business districts are controlled through intensity of use. It was also indicated a bonus could be allowed if they address open space provisions. Issue #4 - Uses The PPC consistency program establishes a number of use restrictions for existing city zoning districts. While staff has been able to address some of these concerns with PPC staff, there remains some problems. Specifically, personnel services and office uses in the beach commercial district are not currently allowed under the PPC proposal. The Planning and Development Department feels that these uses are essential support services to the residential community on Clearwater Beach. Within the Limited Industrial district, the PPC proposal would eliminate business services, business/professional offices, indoor retail sales, accessory buildings and restaurant use. As with the beach commercial uses, these uses appear to be support services necessary in industrial districts. Finally, within the General Office district, it will be necessary to amend the Code to provide for the snack bar or luncheonette use as an accessary use rather than as a permitted use. Staff recommends the uses currently existing in beach commercial and limited industrial districts be permitted in the associated countywide plan categories. As clarification, Sandy Glathorn of the Planning and Development staff, stated that PPC is saying that the uses in the beach commercial have to be specifically related to tourists. Planning staff is saying that there is a large residential community that needs services, not related to tourists. Issue #5 - Land Use Plan Amendments The PPC staff is recommending that the City of Clearwater amend the future land use plan element to include: 1) a consolidated statement for all intensity standards to be implemented through the land development regulations with said standards being consistent with the proposed countywide rules; and 2) the same nomenclature to identify land use categories. Staff has no problems with these changes. Issue #6 - Map Differences The PPC staff has identified 133 inconsistencies between the City's land use map and the countywide map. These inconsistencies include current differences in nomenclature, apparent misreads of the City's map, annexations and adopted land use plan amendments which were not shown on the countywide map and other inconsistencies which will later require land use plan map amendments to either the countywide map or the City's map. City staff is currently preparing a report to the PPC staff addressing the noted inconsistencies in detail. Staff is recommending that when the inconsistencies discussed are resolved, the PPC initiate a program to provide the land use plan maps and future updates for each community. In response to questions, it was indicated staff will be coming forward with any changes needed and that most of the changes should be small in nature. Issue #7 - Transfer of Development Rights The countywide plan proposes to establish a maximum transfer of development rights from conservation/preservation areas to one unit per acre. The City of Clearwater uses its conservation classification to protect wetlands, significant urban forests and similar areas. For upland areas like urban forests, the City allows density transfers based on density allowed on the surrounding property which is to be developed. This provides an incentive for property owners to preserve upland conservation areas. The PPC staff's proposal would seriously reduce these incentives. City staff recommends that local governments be permitted to establish separate transfer of development rights regulations based on the preservation needs of each community. Issue #8 - Residential Equivalent Uses The PPC's countywide land use plan rules update defines residential equivalent use which will require re-examination now that the PPC staff is aware of the differences in nomenclature and restrictions within the various local governments. Staff recommends the residential equivalent standards be deleted from the countywide plan in favor of state and local regulations. An example of an area which would be affected by this is in our group care facilities in which in comparing the countywide proposal with the City's regulations for congregate care facilities, the proposed countywide regulations would not appropriately accommodate the group care level II and III facilities. Issue #9 - Cost At an earlier date City staff had estimated the cost for the City to implement the proposed consistency program to be $30,000. This includes personnel hours, advertising costs and other expenses. At the current time this appears to have been a low estimate. While PPC staff has suggested that the PPC consider a grant program to assist the affected communities, the PPC has not approved such a program. City staff recommends the PPC provide grant funding for the full cost of local implementation of the consistency program. Issue #10 - Scheduling Currently the PPC staff anticipates the consistency report to be adopted by the PPC in June of 1991 and by the countywide planning authority in August of 1991. All requisite comprehensive plan text/map amendments and land development code amendments will be accomplished by the end of 1992 according to the proposed schedule. City staff feels this is an extremely tight time frame in which to implement the program and recommends that either more time be allotted for the implementation program or the full cost of the implementation program be funded by the PPC through grants to local governments. Jim Polatty, Planning and Development Director, indicated the City is requesting Commission direction regarding there being some problems with the countywide plan. It was the consensus of the Commission a letter be prepared for the Mayor's signature which would attach the report provided by city staff to the City Commission and this be carbon copied to all municipalities. ITEM: Sign Damage from the April 25th Storm Jim Polatty, Planning and Development Director, reported due to the April 25th storm, several businesses totally lost their signs. They are now requesting temporary signs until such time as they can reinstall their signage. He is recommending staff be allowed to issue permits for temporary or portable signs for these businesses for a period of thirty days and at the time they apply for these permits they will sign an affidavit which will state their new signs will comply completely with City Code. It was emphasized this is addressing signs that have been destroyed, not signs where panels have been blown out or have minor damage. Discussion ensued regarding whether or not this should be done and it was indicated the alternative is that the business would have no sign for whatever period of time it would take to reinstall their lost signage. Mr. Polatty indicated he felt that only five to ten signs would be at issue. Consensus of the Commission was to allow permits for the temporary signage with the signs to remain thirty days from today's date. Ordinance #5097-91 The proposed ordinance changes the name of the Clearwater Executive Airpark to Clearwater Airpark and redefines certain terms and deletes obsolete language. The City Clerk has expressed concern regarding the provisions of the Code which requires nominations of memberships to be presented by certain organizations. She indicated she is fortunate to receive even one name when there is a vacancy. It was the consensus of the Commission to delete the nomination process and to have the ordinance provide for five members appointed by the City Commission. Questions arose regarding the use of the term "airport authority". It was the consensus of the Commission to leave the name as is and to have definitions where needed. Verbal Reports Kathy Rice, Deputy City Manager, reported medical standards for admission into the pension plan has run into difficulties due to the American with Disability Act. She stated staff is working to try and complete these standards. She provided a legislative update stating the billboard legislation appeared to be dead for now but it could resurrect. She reported Jim Massie, the City's lobbyist, believes the session will go until the end of the week and there are concerns regarding legislation regarding impact fees, although it is better than the original proposed bill. She stated representative Muscarella has tried to get the 50% rule regarding redevelopment on the beach to be addressed but has been unsuccessful. She stated the mandates legislation is still alive and that legislation regarding affordable housing may pass. She stated they are watching two bills regarding police and fire pensions which could negatively impact the City. A question was raised regarding the April 25th storm damage and its impact upon the City budget. It was indicated most of this should be covered by insurance. The extent of the damage to the traffic engineering computer system was not known at this time. Ms. Rice indicated staff worked well and everyone did a good job. In response to a question, Ms. Rice indicated she felt the overtime would be covered by the budget, not insurance. The Mayor indicated everyone said that it was amazing how well staff responded to the emergency situation. The City Manager indicated he anticipates certain overtime but right now it is not unsurmountable. The clean-up will be pursued as quickly as possible. Concerns were raised regarding the amount of damage caused by rocks being blown off roofs and whether or not there was any way to implement code requirements that would alleviate this problem in the future. It was indicated this would be very difficult to do. The City Attorney reported he would be sending out a summary of the Gift Law revisions which will include a quarterly reporting requirement. The meeting adjourned at 11:47 a.m.