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06/03/1991 CITY COMMISSION WORK SESSION June 3, 1991 The City Commission of the City of Clearwater met at City Hall with the following members present: Rita Garvey Mayor/Commissioner Richard Fitzgerald Vice-Mayor/Commissioner Lee Regulski Commissioner William Nunamaker Commissioner Sue A. Berfield Commissioner Also present were: Michael J. Wright City Manager M. A. Galbraith, Jr. City Attorney Cynthia E. Goudeau City Clerk The Mayor called the meeting to order at 9:04 a.m. and the following items were discussed. Three service pins were awarded to City employees. Results of USF Morale Survey Doctor Susan McManus, of the University of South Florida, stated the response rate of 57 percent was very high for this type of survey. She reviewed the results of the survey saying that while many said there was a morale problem, they still indicated they like working for the City of Clearwater. She stated one positive dimension is that people like working with their co-workers, and feel they work as a team. She stated problem areas are: pay raises, communication, and the desire to have work well done recognized with a better awards program. She reported a predominant percentage of the employees want management and the rank and file treated the same in tight budget times. The City Manager indicated they are working on programs to improve communication, and stated they are forming a labor management committee to handle this problem. In response to concerns regarding the need for the respondents to remain anonymous, Dr. McManus indicated that small working units were lumped together, and that USF is keeping the questionnaires and the computer printouts of the results. In response to questions, Dr. McManus indicated a normal response rate is 30 percent, and she was not personally aware of an organization where the satisfaction was as high as the employees of the City of Clearwater. Concerns were expressed that there is a perception there is a morale problem and it needs to be dealt with. It was indicated there is a lot of dissatisfaction with personnel practices in the City. Personnel procedures and realignment of the Personnel Department is being evaluated. In response to questions regarding people wanting more merit recognition, Kathy Rice, Deputy City Manager, indicated there are plans to train supervisors to make fair and accurate observations in order to do evaluations. A concern was expressed regarding the survey results that indicated 69 percent of the employees do not feel the Commission bases their decisions on objective information, and that they do not care about City employees. It was indicated that the City Manager's Office is working on programs that will generate greater contact between the Commission and the employees to overcome this perception. It was indicated staff is looking for long-term changes, not quick fixes. In response to a question regarding how Clearwater compares to other cities, Dr. McManus indicated the survey was unique to Clearwater, but the response rate was much higher and the stress figures in Clearwater are fairly comparable. Dr. McManus and her team were thanked for their efforts in this regard. Public Hearing and First Reading Ord. #5103-91 - Vacating Drainage and Utility Easement, Clearview Lake Estates, Lot 14A (Cook/Bigelow V91-03)(PW) The applicant is requesting the vacation of the east 12 feet of the Lake-Drainage and Utility Easement. A pool and decking have been built into the existing easement. The City has a 18" storm line in the easement along the south side of the lot. The Engineering Division has no objections to the applicants request to vacating the east 12 feet of the existing Lake-Drainage and Utility Easement subject to retaining the south 5 feet for the storm line. Florida Power, General Telephone, and Vision Cable have reviewed this request and have no objections. Questions were raised regarding the comments from Planning requiring a 25 foot buffer from the aquatic area. It was indicated that, even with vacating this 12 feet, there will be substantially more than the 25 feet. A question was also raised regarding the need to retain the south five feet of the easement for a storm line which is already in place. It was requested this be made a part of the recommendation. In response to a question regarding how the pool was permitted, it was indicated that, occasionally, these encroachments are missed in reviewing the plans; and sometimes, when the pool is being built, measurements are off. LDCTA - requiring redevelopers of property to abide by the same standards relating to stormwater as first time developers (PW) Property undergoing development within the City of Clearwater has been subject to stormwater detention and treatment requirements based primarily upon the extent of impact the development occasioned. In the case of redevelopment of property which was at the time of its initial development not subject to any stormwater requirements and, therefore, extensively paved or otherwise impervious, the impact of the redevelopment is often a betterment to the stormwater situation, and the developer circumstantially avoids having to provide stormwater facilities. This is a double circumvention of stormwater requirements in that at initial development, no requirements were in effect, and at the subsequent redevelopment, no requirements are necessitated due to its having no negative impact upon what previously existed. New retrofit standards relative to stormwater requirements have been established, and redevelopers have been subject to the new requirements since January. The purpose of this ordinance is to ordain the already implemented requirements for redevelopers, and for certain streamlining of standards. A question was raised regarding when the requirements of this ordinance would be triggered. It was stated if the impervious area changed or a site plan is needed, the ordinance would then take effect. A question was raised regarding the status of the County's efforts in their overall stormwater management plan. Bill Baker, Public Works Director, indicated the County is working on the Allen's Creek project at this time, and still needs to address their countywide plan. He indicated the City is coordinating with them. It was reported the City has gone out for request for proposals for their stormwater management plan. C.O. #8 to the contract for the East Advanced Pollution Control Facility, increasing the amount by $20,165 for a new total contract price of $14,252,598 (PW) The purpose of this Change Order No. 8 is to compensate the Contractor for the revisions he has been directed to perform. In response to questions, the Public Works Director indicated the plants have actually been in operation for some time. The City Manager stated it was significant that the City of Clearwater continued to meet standards throughout the reconstruction process. Mr. Baker indicated these plants consistently produce highly polished effluent. Contract for Clearwater Marina Parking Lot to A.T. Moorefield Paving Contractors, Inc., Largo, FL, for $62,951.95 (PW) On September 20, 1990, the City Commission approved the demolition of the City-owned service station building, and the conversion of the site to metered parking spaces. The building was demolished and the site is currently being used as a temporary parking lot for permit parking only. The City proposes to construct a landscaped metered parking lot, with a net increase of 27 parking spaces, and resurface the entire Marina parking lot. In response to questions, Bill Baker, Public Works Director, indicated this contract will result in the resurfacing of the entire Marina parking lot, and a new parking lot, with curb and gutter, constructed on the old service station site. He indicated all codes will be met. Joint Clearwater/Florida Department of Transportation Agreements and adopt Res. #91-23 for Utilities Relocation Agreement for a portion of S.R.55 (U.S.19) from S of Enterprise Rd. to N of S.R.580 (PW) The City's Public Works Department and the Clearwater Gas System have coordinated the design for the relocation of the City's utilities necessitated by the Department of Transportation's proposed overpasses of Countryside Boulevard and S.R.580 with both the FDOT and their consultant engineering firm, HDR Inc. The two Joint Project Agreements and resolution must be approved prior to the FDOT issuing a request for construction bids. The agreements and resolution provide for the FDOT to request bids for the City's utility relocation work as part of the State's request for construction bids for the overpass work. The agreement will provide significant savings to the City through coordination of construction activities by one contractor and greatly reduce restoration costs. The proposed work will involve the relocation of sanitary sewer, water and gas mains. The initial City estimate for this work is $476,205.08, of which $126,629.58 is estimated to be reimbursable from the FDOT upon completion of the project. Mr. Baker reiterated that the Department of Transportation's contractor will do utilities relocation; however, if bids come in too high, the City can reject that portion of the bid. He stated there are two agreements, one is the general agreement and one is for the reimbursement to the City of Clearwater. In response to a question, Mr. Baker indicated that, when lines are at 90o angles, it is appropriate to sleeve the lines in order to be able to replace them in the future without tearing up the roads. Neighborhood Advisory Committee - 4 appointments (CLK) A question was raised regarding the definition of the North Greenwood area. It was indicated that this was determined by the Block Grant target neighborhood; however, this still needs to be clarified. (Cont. from 5/2/91) Variance to Sign Regulations; for property (Iorio Keyboards) located in Forrest Hills Estates, Unit 5, part of Lot 6, 1225 S. Highland Ave. (Rainbow Lanes, Inc., SV91-08)(PLD) The applicant is requesting a variance to place a second, new pole sign at the commercial complex at Highland Ave. and Barry St. where his establishment is located. Presently, the major tenant of the complex (Rainbow Lanes) has an existing property identification sign (pole sign) in front of the complex on Highland Avenue. The applicant desires to erect a second pole sign, containing his allowed business identification signage, along Highland Avenue. The code does not permit business identification signs to be pole signs; also, no more than one pole sign is allowed on this site. It was indicated that the variance is essentially requesting an additional pole sign. A question was raised regarding people being cited for non-conforming signs and having to pay $450 for a sign variance. Jim Polatty, Planning and Development Director, indicated this is being looked at as well as other changes to the sign code; and staff will return to the Commission with recommendations. (Cont. from 5/16/91) Alcoholic Beverage Distance Separation Variance for property (Big Easy Cajun) located at 20505 US19N, Suite 150, Clearwater Mall, Sec. 17-29-16, M&Bs 32.01 and 32.02 (Trizec Properties, Inc. AB91-10)(PLD) This item was continued from the May 16, 1991 Commission meeting due to staff error which required readvertising. The applicant is requesting an alcoholic beverage separation distance variance for a new 2-COP alcoholic beverage license designation which permits on premises consumption of beer and wine. This license designation is issued to establishments with a minimum of 200 feet separation distance from a similarly licensed establishment. The name of the proposed establishment located in Suite 150, Clearwater Mall, at 20505 US19N, is "Big Easy Cajun". A question was raised regarding what conditions had been placed on the granting of the conditional use and the variance for Schnickelfritz. Public Hearing & First Reading Ord. #5090-91 - LDCTA relating to setbacks, establishing standards for canopies - amending Sec. 136.006, Code of Ordinances (PLD) Under the proposed ordinance, the roof fascia of a freestanding canopy will be allowed to extend to within 10 feet of property lines. Currently, no portion of the canopy is allowed to be placed within a structural setback; generally, this distance is greater than 10 feet. The ordinance also restricts attached canopies which penetrate setbacks and property boundaries in the Urban Center, North Greenwood Commercial and Beach Commercial districts, and increases the minimum height of such canopies above street rights-of-way to 9 feet from 8 feet. A question was raised regarding why the height of canopies was raised from eight to nine feet. It was indicated this was due to a building code requirement. Also in response to a question, it was indicated the Public Works Director would have control over when canopies extend over a traffic area. LDCTA - Creating a low intensity industrial Zoning District to be called Research, Development and Office Park District (PLD) This proposed district would establish a new research development office park zoning district, creating district size requirements, establishing permitted and conditional uses, and establishing use limitations and dimensional and numerical development requirements for this district. Supplementary conditional use standards for several of the proposed conditional uses for the new zoning district would also be established. This proposed district would be substantially less intense than the current limited industrial district. The Planning Director reviewed certain requirements of the ordinance stating, while the ordinance calls for a minimum two acre parcel in order to have this zoning assigned, the ordinance does allow for the City Commission to determine that it is appropriate for a lesser area. He indicated conditional uses will include residential shelters. He reported on some concerns of Mr. Rehm, who will be applying for this zoning designation once it is in place. Mr. Rehm's concerns are that the code states there can be no outside activity or storage, and that currently, the chocolate factory in operation does store some supplies outside for a short period of time. Concern was also expressed regarding the size of delivery trucks being limited to that of a panel truck. Consensus of the Commission was to leave the outside activity provisions as they are; however, to change the delivery vehicle size. Annexation, Land Use Plan Amendment to Commercial/Tourist Facilities and CH Zoning for parts of lots 8 & 9, Blackburn Sub., located on the W side of US19N about 1,500' N of Sunset Point Rd. (Baker et al., A90-02)(PLD) This request involves four adjacent parcels, total area of 2.99 acres. The requested land use plan amendment does not involve a change in the Countywide land use designation. The properties involved in this annexation are bordered on the south by Mountasia Fantasy Golf (Whiteco Industries, Inc.). They propose to acquire the properties and develop them as an extension of their outdoor recreational facilities. The southwest portion of the subject property is presently being used by Ferrell Gas and has two above ground storage tanks on it. The property along U.S. 19 presently has a gas station, auto repair shop, and a used auto sales establishment. The north side of the subject property runs along the south side of Bermuda Street and presently has two mobile homes on it. The remainder of the property is unimproved, and is used for vehicle storage or is vacant. Whiteco Industries, Inc. intends to develop the property upon annexation. The City Manager reported the whole parcel owned by the applicant is slightly over three acres. However, the annexation request is for an area slightly under three acres, as the applicants do not wish to go through the State review. It was indicated the City requested the whole parcel be brought in. In response to a question it was indicated that, by going through State review, it could delay the project as much as six months to a year. Concerns were expressed regarding subverting the State law. It was indicated if the property is not annexed, they can develop in the unincorporated area. Information was requested regarding what was on an adjacent parcel. A question was raised regarding what the plans were for the property, and it was indicated plans were to expand the current amusement center. Consensus of the Commission was to place the item on the agenda for receipt and referral. The Planning and Development Director indicated they had hoped to bring forward an agenda item adopting a resolution which would allow the City to move forward on its housing reconstruction plans in the North Greenwood area. He stated, however, that an additional meeting is needed in the neighborhood due to concerns being expressed that there was not enough notification regarding the initial meeting. Sale of property at 1570 Tioga Avenue to Melvin Hayes Brown and A. Ola Brown (PLD) On December 20, 1990, the City Commission declared this property as surplus. They directed sale of the property providing for owner occupancy after necessary repairs are completed. The property was posted and advertised for sale. One offer was received of $15,000 which was within the range established by the appraisal. The purchasers have agreed to occupy the house as homeowners. This property was obtained in the foreclosure of a rehabilitation loan, which is a currently inactive program. Proceeds from the sale will be returned to the City's infill housing fund to be reinvested in community housing efforts. Sale of property at 1388 Hibiscus Street to Dale and Laura Donohoe (PLD) On December 20, 1990, the City Commission declared this property as surplus. They directed the sale of the property provide for owner occupancy after necessary repairs are completed. The property was posted and advertised for sale. The first bid received which responds to the conditions expressed by the City Commission and has the highest financial yield to the City was submitted by Dale and Laura Donohoe. They have agreed to occupy the house as homeowners, with a purchase price of $45,000 with no real estate commissions. The house is in a good location with a large lot, however it is in fair condition and will require repairs enumerated by the Code Enforcement Division. A back up contract from Mr. Stern Jorgensen was also accepted in the event the first contract does not close. This property was obtained in the foreclosure of a home rehabilitation loan. Proceeds from the sale will be returned to the revolving loan fund. In response to a question, it was indicated there was no time limit as to when the owner would have to occupy the residence. It was indicated that if the City were actually financing the sale, there would be some sort of restriction; however, this is being handled through private financing. The Mayor expressed concerns regarding a letter from David Healey, Executive Director of the Pinellas Planning Council (PPC), which seems to indicated that the City and the PPC are still in disagreement as to the provisions of the countywide plan. Concerns were also expressed regarding the need to go forward with the Interlocal Agreement which would allow the City to place enclaves in its planning district. The Planning and Development Director indicated he would be coming back to the City Commission on this item. Ordinance #5104-91 - Amendment to cruising ordinance The City Attorney indicated he discovered a glitch in the ordinance where the definition of cruising and the number of times a person is allowed to make the circuit before being cited are in conflict. The amendment will correct that glitch. Settlement of Reservoir No. 2 Contract Dispute - City's payment to two subcontractors totaling $85,959.35 (W.E.D. Contractors, Tampa Armature Works, Water Resources Corp., et al.) For the past several months, staff has been negotiating the settlement of claims by and against the City, the City's contractor, the surety company and several subcontractors, all relating to the contractor's failure to complete modifications to Reservoir No. 2 under a contract entered into in 1988. The City terminated the contract in 1990 and has been holding $111,563.20 against which we have claimed liquidated damages in the amount of $32,200.00, due to the delay between the contract completion date and the substantial completion date (161 days at $200.00 per day). Ordinarily the City would have paid the contractor when the job was completed and the contractor would have paid the subcontractors. In this case, the City held the unpaid balance of the contract because the contractor never finished the job. Claims of nonpayment from the subcontractors were heard before the contract was canceled. The claims by the subcontractors total slightly more than the amount held by the City before the set-off for unliquidated damages. A settlement has been reached which proposes: 1) the contractor will be paid nothing further; 2) the City will pay two subcontractors directly, Water Resources Corporation will receive $47,202.64 and Tampa Armature Works will receive $38,756.71; 3) the surety company, MCA, will pay $3,000 to each of the above named subcontractors (MCA has also paid $4,200 to another subcontractor who is not a party to these proceedings); 4) our engineer, Briley, Wild & Associates will pay $1,135.16 to each of the above named subcontractors; 5) The agreement includes releases by the various parties of the other parties, except the surety company will preserve its indemnification claims against the contractor and certain individuals. The contractor and the surety company will continue to indemnify the City against a potential claim of $2,143.65 by another subcontractor who is not a party to these proceedings, if the claim is asserted and is valid. The City will in effect, retain $25,603.85 as our liquidated damages. Paragraph five of the settlement agreement calls for Water Resources Corporation, a subcontractor, to obtain a release from Peerless Pumps running in favor of Water Resources Corporation, the contractor, the City, our consulting engineer and the surety company. Peerless Pumps was the supplier of equipment to Water Resources Corporation and was not in privity of contract with the City. To the best of our knowledge, Peerless Pumps may have a claim against Water Resources Corporation for approximately $56,000. Water Resources Corporation has indicated they are unsure that they can obtain the release from Peerless Pumps. It is not clear that Peerless Pumps has a good lien or that the City would be exposed to additional liability. Therefore, the City Attorney requests approval of the proposed settlement agreement as written with the understanding that a release be obtained from Peerless Pumps by the contractor or by the surety company but also authorize the City Manager and the City Attorney to agree to any modification providing for a suitable alternative to a release which will protect the City from any further liability. The City Attorney indicated the contractor did not finish the job, and this settlement has been in negotiation for some time. He stated we have now reached an agreement that is acceptable to everyone. Verbal Reports The City Manager requested that Commission members wishing to attend the Florida League of Cities conference in Tampa in August let his office know this week. He requested permission to add an agenda item to Thursday night's meeting to transfer monies needed to fund the acquisition of property. Consensus of the Commission was to do so. The City Manager reported a special meeting is being scheduled for 4:00 PM on Thursday for the City Commission and immediately following, a special meeting of the Community Redevelopment Agency. The purpose of the meetings is to make a bid on the Maas Brothers property. He reported Friday will be the last day to make a bid and that, after this meeting, the bid will be Federal Expressed to Allied. He further reported that the building appears to be heavily mortgaged, and the assessed value is $4.5 million. He reported 6,000 tons of yard debris have been collected from the April 25th storm. He stated we are about finished with the need to use other cities to help collect the debris. The City Manager reported that in connection with the 440 West noise complaint, the Police Department is vigorously enforcing noise ordinance violations. He stated the corporate individuals involved with the Adams Mark are indicating they want to address the problem. It was indicated 440 West also needed to see what they could do to baffle the noise as the 440 West building configuration may be causing some of the problems. Kathy Rice, Deputy City Manager, indicated that while the Governor has vetoed Senate Bill 2000, having to do with implementing the mandate legislation, it has been stated there will be efforts when the Legislature comes into session on Thursday to override the Governor's veto. It was indicated many of the Legislators are unaware of the municipalities' opposition to Senate Bill 2000; they need to be made aware of it, and a letter is being sent. Other Commission Action Commissioner Fitzgerald stated he had been informed the County will consider an amendment to their traffic circulation policy in the comprehensive plan that will require construction to begin on needed roads within three years, whereas, previously it had been one year. He questioned whether or not we wish to take a position. It was indicated it was believed our plan already had something close to the three year requirement, but this will be investigated. Mayor Garvey questioned a letter from the Sports Authority regarding the reappointment of Allen Lewis. The City Clerk indicated she would be preparing an item. The City Manager indicated that, due to activities in the area, this appointment should be looked at more carefully. The Mayor questioned what response was being made to the letter from the Del Oro neighborhood regarding traffic problems. It was indicated these were being investigated. A response will be developed. The Mayor expressed some concerns that there were some items recommended in the letter that she did not wish pursued. Commissioner Berfield requested the status of the Alan Stowell sewer line problem. It was indicated the City Attorney will be meeting with Mr. Stowell's attorney the next day and he will report Thursday if there is anything to report. Commissioner Berfield questioned whether or not we use diesel fuel in ambulances in Pinellas County; and it was indicated that we did. Mayor Garvey requested parking on the sidewalk in front of the old Fort Harrison Hotel be monitored. The meeting adjourned at 11:07 a.m.