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06/17/1991 CITY COMMISSION WORK SESSION June 17, 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 Sue Berfield Commissioner Lee Regulski Commissioner William Nunamaker Commissioner Also present: Michael J. Wright City Manager M.A. Galbraith, Jr. City Attorney Cynthia E. Goudeau City Clerk The meeting was called to order at 9:25 a.m. Legislative Report - Jim Massie (WSO) Jim Massie, the City's lobbyist, indicated this had been a difficult session. He stated a lot of things going on detracted from substantive legislation. During the session, he said he mainly played "defense," trying to make sure bills that would hurt the City did not pass. He commended Bill Jonson for his very effective grass roots efforts in successfully defeating the billboard legislation. He stated, however, he felt another battle would occur next year. He stated Mr. Galbraith's time and efforts in fighting the Impact Fee bill paid off as the legislation did not pass. Again, he anticipated this bill would likely come up in next year's legislation. Mr. Massie reported Police and Fire pension legislation provided educational benefits and contained nothing particularly hurtful. The bill to change municipal election dates did not advance. Other bills that did not pass include the School Board's attempt to prohibit cities from having a say in school development and a bill that would have exempted real estate businesses from occupational licenses. The Governor vetoed mandate legislation and, what was termed, a lawyer's relief act. Regarding the City's efforts to receive funding in the 1992/3 State budget $17 million is designated for the Clearwater Pass Bridge and $500,000 for engineering the widening of Drew Street. The City has no other funding requests in the DOT five-year plan. $88,572 was set aside for the beautification of Courtney Campbell Causeway. Regarding the Kenton Bill which provides restitution for damages caused by Mr. Kenton's activities regarding the Coopers Point property, a Special Master wants to hold a hearing in Clearwater toward the end of the summer. Mr. Massie reported the State obtained a judgement that damages total $199,198. However, they have not been able to collect and are pursuing Mr. Kenton's assets. The Mayor said if the State collects the funds, according to the bill, the money is to go back to Pinellas County. Mr. Massie reported Representative Muscarella attempted to amend the law regarding substantial improvements to properties on the Beach. However, it did not have much success. He stated it may be time to try again. In response to a question regarding the chances of the bill passing, Mr. Massie felt there was a good argument that the State went further than required by the Federal Government. He stated odds are against passage, but passage is still possible. As a result of the gas explosion, the City was directed to pay a claims bill. Other bills that passed were: 1) limits on gifts; 2) limits on campaign contributions; and 3) a prohibition against candidates soliciting or accepting donations in public buildings. He reported on a domestic violence bill in which the Police are able to obtain medical assistance for the victim without the victim charging the assailant. A bill passed that a driver's license cannot be obtained if an individual has three or more unpaid parking tickets. Affordable housing doc stamps, convenience store legislation, and planning amendment bills all failed. He reported he did not anticipate additional amendments to the workers' compensation law in order to see what effect recent amendments have had. He felt there should be some leveling off for workers' compensation costs. In response to questions, Leo Schrader, Risk Manager, indicated the City participates in the State workers' compensation program. The City is self-insured, however, the State determines what the City must do regarding workers' compensation. Mr. Massie stated the bill for the removal of the fuel tax adjustment was not discussed. He reported Governor Chiles feels he has earned the taxpayers' trust. Mr. Massie expressed concerns regarding what will happen with legislation if taxes are not addressed in the near future. He stated certain costs are increasing faster than inflation. In response to a question, Mr. Massie indicated no elected officials discussed the subject of a possible income tax. The Governor says it is on the table, however, the Speaker says it is not. A question was raised regarding whether or not cutting costs of mandated government was discussed. Mr. Massie indicated it was, to some degree. Agreement extending lobbyist service with James C. Massie for $15,205 plus reasonable and necessary out-of-pocket expenses (CM) The City entered into an agreement with Jim Massie in June 1981, establishing him as the City's first contract lobbyist. Due to the expiration of the existing agreement, the 1991/2 agreement is presented to the Commission for re-authorization and execution. The 1991/2 agreement reflects a 4.9% increase in the US Consumer Price Index as measured from March 1990 to March 1991. The contract's cost and increase are included in the 1991/2 budget. The City Attorney and the City Manager reviewed the agreement and expressed their concurrence. In response to questions, Mr. Massie indicated his expenses are not more than $1,500 which includes monthly travel, some meals, telephone service, etc. If he is performing services for another City at the same time, he does not receive a double payment but rather splits the costs. Extension of Gallagher Bassett Services, Inc. engagement to provide claims service and safety consulting services for an additional three month period from 07/01/91 through 10/01/91 for an estimated cost of $22,282 (AS) In January 1991, the Commission approved the purchase of claims service and consulting services for the period 10/01/90 through 06/30/91 for an initial fee of $65,572, subject to adjustments provided for in the proposal. This request will extend the agreement for an additional three months, through 10/01/91. The servicing agent currently processes the City's bodily injury and workers' compensation claims, and property damage claims over the current authorized staff authority. In this extension, three additional days of loss prevention/control consulting services are provided on a request basis. As the insurance service agent for the City, Gallagher Bassett Services, Inc., provides these services under the direction of the Director of Administrative Services, Risk Manager, and City Attorney, all of whom concur with this recommendation. The City needs the services of Gallagher Bassett Services, Inc. because the staffing level is too low to handle the volume of claims. The "London Package" requires the City use the services of Gallagher Bassett Services, Inc. in servicing its claims. The City's Risk Manager will seek quotes, in the near future, for insurance coverage and the handling of liability and workers' compensation claims. In response to a question, Leo Schrader, Risk Manager, indicated the service has not been quite as good as in the past due to personnel turnover. He stated, however, that claim services are improving. He reported they will be going out for bid as it has been many years since this service has been put out to the marketplace. A question was raised regarding providing these services inhouse. Mr. Schrader indicated the City would need its own claims adjuster. He stated the volume of workers' compensation claims cannot be handled by one person. Mr. Schrader stated once liability insurance questions are straightened out, he wishes to pursue the feasibility of handling these claims inhouse as he feels it can be done less expensively. In response to a question, he indicated the price proposed is a fair one for services rendered. First Reading Ord. #5106-91 amending the Interlocal Agreement and authorizing the City of Hialeah to issue revenue bonds for the purpose of purchasing two nursing homes, including Drew Village Nursing Center in Clearwater (AS) In 1990, the now defunct Health Facilities Authority and the City approved agreements to allow the City of Hialeah to issue tax free revenue bonds to allow National Healthplex, Inc. to purchase three nursing homes, including the Drew Village Nursing Center in Clearwater. National Healthplex later downsized the issue from $12 million to a maximum of $8 million to finance the purchase of two nursing homes, one in Hialeah and Drew Village. Due to recent market conditions, it has been determined necessary to issue $10 million, but not more than $11 million, to finance these purchases. The City's bond counsel Robert Olive has reviewed and approved the legal documents. Allowing the City of Hialeah to issue tax free bonds will have no impact on Clearwater's ability to issue future bonds or on its credit rating if the bonds go into default. The City has no liability for payment of the bonds. At the July 18, 1991 Commission meeting, action on the interlocal agreement will be recommended at the second reading of the ordinance and the required Tax Equity and Fiscal Responsibility Act (TEFRA) public hearing will be scheduled. National Healthplex, Inc. will pay all costs for the issuance of the bonds. A concern was expressed that this facility will be taken off the tax roll if this is approved. It was stated the reason for doing this is that it is assumed there will be lower rates for the residents. 1990/91 Mid-year Budget Review (AS) In response to questions, Tina Wilson, Budget Manager, indicated the decrease in water and sewer revenues are due to conservation. Concerns were expressed regarding the Gas Division's decreased revenues and increased costs. The City Manager indicated that Dan Deignan, Finance Director, is working with the Gas staff and problems regarding increases in material costs not being noted were corrected prior to former City Manager Rabun's departure. Service Agreement for the sales and service of natural gas with Golf Host Resorts, Inc., Tarpon Springs, FL (GAS) Contract to install a two inch gas main and one inch serve line to Heuer Utility Contractors, Clearwater, FL at an estimated cost of $62,855 (GAS) Clearwater Gas System (CGS) has secured the Innisbrook Resort as a commercial customer for natural gas. This acquisition is the largest single customer signed by the sales group in the last five years and is second only to the Metal Industries industrial account signed within the last ten years. This is truly significant considering that the expected annual energy demand of 152,073 therms from this account represents the equivalent demand of 470 single family accounts. Incorporation of the Innisbrook account furthers a system goal to maximize service to available commercial enterprises and continues the "infill" process needed to increase gas customers and sales of natural gas within the existing distribution system. To complete the acquisition, the Service Agreement needs to be accepted and executed by the City Commission. Highlights of the agreement include: 1) The term of service runs for five years, subject to annual renewals thereafter; 2) Innisbrook agrees to a daily minimum payment for 140 therms, below 140 therms over the last three years on propane fuel, this base minimum guarantees that Clearwater will be able to recover the capital investment needed to serve Innisbrook within the minimum five year service agreement; 3) Billing will occur monthly, similar to other commercial/residential accounts and will utilize the new level payments feature of our utility billing system that provides an average monthly bill, based on historical usage during the high winter and low summer seasons. The City Attorney and Risk Manager have reviewed the subject agreement and recommend approval. Concerns were raised regarding why this had to come to the City Commission for approval as long as it or other agreements are within the parameters regarding the return on investment set by the City Commission. This will be a policy discussion at a later date. A question was raised regarding what was being done regarding the gas rate structure. Purchase of one Ford E-150 (4x2) Utility Cargo Van from Karl Flammer Ford, Tarpon Springs, FL, for $13,738.60 (GS) Bids were solicited and received for one utility (4x2) cargo van. Of the two bids, Karl Flammer Ford submitted the lowest bid and staff recommends they be awarded the contract. This vehicle is an additional purchase for the Public Works Department/ Environmental Division to be used in its daily activities. The City Commission approved the additional equipment during the 1991 first-quarter budget amendment process for water quality sampling in support of the stormwater utility program. In response to a question, it was confirmed that this purchase is funded by the Stormwater Utility fund. Contract for custodial services to Prime Service of America, Inc., Clearwater, FL, at an estimated annual cost of $190,200 (GS) Bids were solicited and received for an annual contract for custodial services for the following City facilities: 1) City Hall; 2) City Hall Annex; 3) Main Library; 4) East Library; 5) Countryside Library; 6) Beach Library; 7) Purchasing; 8) WPC (Harbor Drive); 9) Infrastructure; 10) Solid Waste; 11) Northeast Library; 12) Utilities Operations (400 N. Myrtle); 13) Main Police Station; 14) McMullen Police Sub-station; 15) Beach Sub-station; 16) Greenwood Mini-station; 17) Condon Gardens Mini-station; 18) Utilities (900 Chestnut); 19) Fleet Maintenance; and 20) the Marina. For custodial purposes, these buildings comprise a total of 260,824 square feet. The custodial service contract period is from July 15, 1991 through July 14, 1992. In order to restrict the number of custodial contracts to a manageable level, the contract is not awarded on a line-item basis but on the total contract price. Based on the total contract price, Prime Service of America, Inc., submitted the lowest bid. The City's specifications for the purchase of custodial services are extremely detailed and sufficient to calculate the number of labor hours needed to accomplish the tasks and frequencies specified. The procurement of this service is essentially the purchase of labor. Bidding for such contracts is the offering of labor at a set fee, and the detailed definition of the work to be accomplished is the key to the purchase. The coordination and inspection of the custodial contract will be performed by the Building and Maintenance Division. In response to a question, it was indicated the increase in cost is mainly due to an extra day of service at the Library and increased service at the Police Department. Contract to provide a computer based State and Federal Law training program to the Police Law Institute, Technology Innovation Center, Oakdale, Iowa, for the period 07/01/91 to 06/30/92 for $24,000 (PD) At the June 22, 1990 meeting, the City Commission approved the expenditure of $24,000 to the Police Law Institute to provide computer based legal training. The current contract expires on June 30, 1991. For the third consecutive year, the Police Department has requested another contract be awarded to the Police Law Institute for one year of training to all sworn officers and Police Service Technicians. The computer based training concept has been instrumental in assisting the Police Department accomplish its training mission. Although there are many benefits to computer based training, it has directly benefitted two crucial areas of concern to the Department and the City: 1) The quality of legal training has reduced the potential for civil liability and 2) the Department is able to apply the training term toward an officer's mandatory retraining time, of which each officer must complete a minimum of 40 hours every four years as required by the State of Florida, Criminal Justice Standards and Training Commission. The training, performed on a laptop computer for approximately one hour a month, has dealt with such issues as: stop and frisk; use of force; arrest situations; escapes; new laws; interrogation; and search and seizure. Officers are able to perform the training on an on-duty basis and avoid overtime expense, contractual instructors and out-of-City travel. The City Manager asked the Police Chief to brief the Commission on a new law regarding domestic violence. Police Chief Klein indicated Pinellas County is in the forefront in dealing with domestic violence issues. He stated if a domestic violence response team member responds to a call, the State Attorney's Office will investigate the incident whether the victim wishes to press charges or not. In response to a question, it was indicated no one on staff could do the computer based training. Clearwater Pass Bridge Additional Repairs with Kisinger Campo and Associates Corp., providing engineering services not to exceed $130,000 and establishing a total budget of $1,076,000 (PW) When the Clearwater Pass Bridge abruptly settled a vertical distance of ten inches in June 1987, Kisinger Campo engineers were engaged to effect an immediate emergency repair and closely monitor the bridge for additional problems while the City awaited the long-term program whereby Federal Highway dollars, administered through the Florida Department of Transportation (FDOT), could be obtained for a new bridge. While David Volkert & Associates have served as the City's engineers and advisors relative to the new bridge design and complicated project procedures, Kisinger Campo has served as monitors and maintainers of the existing weakened structure. At the beginning of the City's program, Kisinger Campo notified Clearwater they could expect two additional repair episodes estimated at $1 million each in addition to the original emergency repairs which cost $1.5 million. Along with other considerations, this information formed the data from which the Finance Director devised a finance plan based on toll increases to accommodate the future expectations. Since the original repair in Summer 1987, a $ .5 million repair project involving five bridge bents in Spring 1989 and a single bent fix for $150,000 in Fall 1989 were completed. Kisinger Campo had informed the City that the most likely next repair would consist of eight particular bents. While bridge piling erosion is somewhat systematic and has a degree of predictability, storm events amplify the effect on scour. A special monitoring dive following the April 25 storm revealed accelerated scouring and loss of pile embedment. Kisinger Campo advised the City of the need for an immediate repair project involving these eight piles. The May 13, 1991 monitoring evaluation report demonstrates the pile penetration conditions warrant the proposed repair. The May 17, 1991, proposal is from Kisinger Campo for services involved in accomplishing the repair. The repair will necessitate the closing of the bridge only during certain critical jacking operations and will be for pre-planned, pre-announced periods of several hours each. Project completion is estimated at six months and construction costs are estimated at $946,000. The City Manager reported staff is investigating if insurance will cover any of the repair costs. Concerns were expressed regarding a noticed increase in the speed of motorists across the bridge. The City Manager indicated the special traffic enforcement on the bridge could be increased. Agreement with Morton Plant Hospital (PW) In 1986, the City, Public Works Department proposed the replacement of an existing storm system in Pinellas St. from Ft. Harrison Ave. to Bay Ave., with minor street widening. Upon the City's completion of the roadway plan, Morton Plant Hospital approached the City with a proposal to further widen Pinellas St. to accommodate various proposed hospital facility improvements on either side of Pinellas St. For identification and safety reasons, the hospital has decided to make Pinellas St. the main entry way to a number of their primary facilities. The hospital offered to pay the cost of increasing the street width to 36 feet (three lanes) and to provide the redesign, permitting and construction management of the project. The City completed repairs to the existing storm system requiring immediate attention and agreed to a joint venture with the hospital. The hospital proposed to use consultants, Smith, Korach, Hayet, Haynie Partnership for the required redesign and as construction managers. The final construction plan preparation was delayed for a long period by Morton Plant due to economic reasons and several changes in their overall master planning. The construction plans are now complete and the hospital has obtained the necessary regulatory agency permits. Changes in the plans have been made to accommodate existing driveways, right-of-way restrictions and construction scheduling to assist access to Morton Plant's facilities. The project has been offered for bids by Morton Plant by solicitation to fifteen contractors on the City's list of pre-qualified roadway contractors. The hospital received a low bid from Kamminga & Roodvoets, Inc. in the amount of $191,848.20. The hospital conducted the pre-construction conference with its contractor and is anxious to begin construction. The project costs are proposed to be jointly shared with the City portion being all costs associated with replacing the existing storm sewer and the originally proposed street improvements in the 1986 Clearwater construction plan and Morton Plant Hospital paying all costs for the additional street width, all necessary related features including drainage, stormwater treatment and retention, design, permitting and construction management. Of the total construction costs, the City's proposed share is estimated to not exceed $156,077 and the Morton Plant Hospital share is estimated to be $25,771.20 with the total contract amount being $191,848.20. The hospital is bearing additional costs for redesign, permitting and construction management. Payment or reimbursement costs to Morton Plant Hospital will be based on actual field measurements of unit contract quantities. The proposed joint agreement provides the construction costs be shared by the City and hospital and for the hospital to manage the construction contract. A break down of the initial estimate of contract quantities describing what particular contract items and quantities are proposed for reimbursement to Morton Plant by the City is contained in the proposed agreement. The Public Works Department and representatives of Morton Plant reviewed this break down of contract quantities and determined it to be a fair and reasonable distribution of these quantities. The estimate of contract costs is based on the break down of the contract quantities and the unit contract prices of the low bidder, Kamminga and Roodvoets, Inc. A question was raised regarding the distance of the construction on Pinellas Street. It was indicated the street would be widened from Ft. Harrison to the Bay within into the existing right-of-way. A question was raised regarding the construction's impact on trees. Bill Baker, Public Works Director, indicated of the two trees involved, one would certainly be saved and staff hoped to also save the other. 17th Year Community Development Block Grant (CDBG) Final Statement and Objectives for FY '91-'92 (PL&D) On October 1, 1991, Clearwater will enter the 17th year of the Community Development Block Grant (CDBG) program. The 17th year entitlement amount is $766,000, augmented by a $7,000 supplemental allocation to create a 17th year entitlement of $773,000. Program income and carry-over from previous years' unexpended revenues bring the total 17th CDBG budget to $1 million. The application was prepared for submittal to the US Department of Housing and Urban Development (HUD) and allocates funds for Public Facilities (3% of the total budget), Public Services (13%), Homeless Shelters (2%), Home ownership (31%), Housing Rehabilitation (31%), Demolition (3%), Economic Development (9%) and Administration (8%). Requests for Public Facility and Public Services funding were received for 27 projects sponsored by 19 agencies. These funding requests and the overall CDBG budget, were the subject of three meetings of the Neighborhood Advisory Committee (NAC) on May 12, May 21, and June 4, 1991. Their recommendations are included in the Final Statement. Staff recommendations to the NAC were prepared. In reviewing the funding requests, staff and the NAC were guided by the federal requirement that no more than 15% of the year's budget (less carry-over) may be applied to public services. This amount, $127,950, is the absolute ceiling; it is prudent to set the City's budgeted level of expenditures well below the maximum. The NAC recommended public services expenditures of $126,282. A concern was expressed regarding differences between the Neighborhood Advisory Committee and staff recommendations. A concern was also expressed regarding the 15% cap for public services. It was questioned if the programs could be funded through other sources. Jim Polatty, Planning & Development Director, pointed out the Administrative funds for Neighboring Housing Services were included in this application. Res. #91-13 - being a finding of conformance for the Housing Reconstruction and Conservation Area to allow Federal CDBG funds to be spent to alleviate identified conditions in certain geographic areas (PL&D) Community Development Block Grant (CDBG) funds must be spent to further the program's national objectives and can be used to benefit low and moderate income families anywhere in the City. In order to spend funds to benefit a specific geographic area, conditions conforming to specific Federal definitions relating to structural conditions must be found throughout the area. In January 1991, the City approved the Infill Housing Development Program, designed with dual purpose of helping individual families achieve home ownership and upgrading the North Greenwood Neighborhood. This program is a key component of the steps proposed to upgrade conditions in the Housing Reconstruction and Conservation Area. The Infill Housing Development Program area is located generally north of Drew St., east of Ft. Harrison Ave., south of Stevenson's Creek and west of Betty Lane. A 1990 survey of the area reported 67% of the housing violates one or more housing codes, 300 lots are vacant, 75% of the housing was constructed prior to 1959, and less than 40% of housing is owner-occupied. City-wide, 67% of housing is owner-occupied. Other neighborhood conditions contributing to the area's eligibility for assistance have been noted. To alleviate these conditions, it is proposed to use CDBG funds in an expanded neighborhood revitalization program. As proposed, this program includes development of new housing for owner-occupants and expanding eligibility for home rehabilitation loans using guaranteed bank financing. Under regulations governing Federal expenditures in designated areas, other neighborhood public improvements and commercial revitalization programs may be implemented. A resolution and report document conditions in the Infill Housing Program Area. Neighborhood meetings were held on May 29, and June 17, 1991. A verbal report and summary of discussion will be presented to the Commission. Mr. Polatty pointed out the purpose of this resolution is to meet the Federal criteria. In response to questions, he indicated the goal is have more than 50% of the individuals participating in the "under 80% of median income" category. Concerns were expressed regarding opposition to the program. Mr. Polatty indicated those opposing the program live in census tract #263. It was questioned whether or not this census tract could be left out. The City Manager stated that while legally that could be done, it would involve philosophical questions regarding black and white neighborhoods. It was stated there are needs in the neighborhood requesting exclusion and the policy should deal with new housing. Mr. Polatty stated some of those opposing the program oppose new housing and favor the rehabilitation of existing structures. It was questioned if rehabilitation could be separated from new housing. It was indicated this could be done. The City Manager reiterated he felt this to be a worthwhile program. Authorize hiring a contract employee for a term of one year for $28,000 to implement new housing programs and coordinate new and existing programs (PL&D) For 16 years, a staff of five in the Community Development Division of the Planning and Development Department has administered the Community Development Block Grant (CDBG) program. In conjunction with the Infill Housing Program, staff has secured bank commitments and cooperation from builders, property owners, and Clearwater Neighborhood Housing Services to initiate a Challenge fund to provide loans for new home construction and home rehabilitation. Banks have pledged $2.4 million. These funds are pledged to new home construction and housing rehabilitation. In order to get the new programs "off the ground," to coordinate the new programs with existing programs and procedures, and to insure all Federal regulations are followed, additional staff assistance is required. It is anticipated assistance will be needed for one year, at which point it is expected that procedures established can be implemented by existing staff. This position is classified as Community Development Analyst. The salary requested is $27,000 per year. Because this is a contract position, no health insurance, pension or other benefits will be provided. The contract allows for limited sick leave and five days of personal leave. Funding for this position will be derived from CDBG grant revenues allocated to housing rehabilitation and new housing activities. Method of payment will be on a reimbursement basis from the Department of Housing and Urban Development (HUD). This position is highly critical to the successful implementation of these new programs. Once established, the new programs will leverage private lenders' funds with Community Development funds, and greatly increase the overall investment in inner City Housing, preserve the City's housing stock, and help many more families than can currently be reached. A question was raised regarding how the allocation of funds would work. Mr. Polatty indicated unexpended funds of the rehabilitation program from previous years' Block Grants will be used. A question was raised if this person could work in conjunction with the "Paint Your Heart Out" campaign. The City Manager pointed out staff's recommendation is for this person to act as a loan officer for the new Infill Housing program. Preliminary Site Plan for Pelican Self Serve Car Wash-Snack Shop located on the N side of Drew St., 200' E of US 19N, Sec. 8-29-16, M&B 33.07 (Farhod Nickjeh) (PL&D) This item is to be pulled due to a new site plan being submitted. Preliminary Site Plan for Celebration Station, an outdoor commercial recreation/ entertainment facility, located at 24536- 24576 US 19N, Blackburn Sub., parts of Lots 8 & 9 (Baker PSP91-05) (PL&D) This request is for a site plan review for an outdoor commercial recreation/ entertainment facility, located at 24536- 24576 US 19N. The site is an expansion of the existing Mountasia Fantasy Golf site to the north and west and includes a go-cart track, batting cage, and an arcade/restaurant with associated parking. This site is the subject of a petition for an annexation and land use amendment of 2.99 acres heard by the City Commission as a receipt and referral item on June 6, 1991. The site plan indicates new construction of 11,404 square feet for buildings to include an arcade/restaurant and a maintenance building. Total existing and proposed building square footage for the site is 18,051. Portions of the proposed bumper boat pool and the go-car track are located within the 175 foot building setback from the centerline of US 19N. The applicant should clarify the type of structures to be placed within this setback to ensure compliance with this regulation. The proposed building construction exceeds 50% of the existing square footage, therefore, the owner will be required to pay an open space assessment fee. The entrance to the new development, as indicated on the site plan, is proposed from US 19N at the "approximate centerline median cut." Based upon an aerial photograph of the area, the Traffic Engineer's review of the new entrance location indicates the access is not aligned with the existing median cut on US 19N. The existing access to the miniature golf course and its site are not shown on the site plan. As a result, the Traffic Engineer questions the proposed status of the existing access to the miniature golf course. If the existing access is being closed, the driveway apron needs to be removed and replaced with a curb and sod parallel with US 19N. The applicant should provide more information to the Traffic Engineer to resolve these questions. Another entrance is a proposed new 24 foot drive on the west side of the property from Lawson Rd. over an existing dirt street. Public Works/Engineering requires the developer to provide a 24 foot wide paved street with curb and gutter along the adjacent property line of the development. The site plan shows 205 additional parking spaces to accommodate the development. The existing parking lot must be shown and is required to be brought into compliance with current landscape requirements of the Land Development Code. Operating an outdoor commercial recreation/entertainment facility requires a conditional use permit for the expansion of the bumper boat pool, the go-cart track and the batting cage. A review of concurrency standards reveals the current level of service on US 19N at or below level "F." Concurrency regulations allow for the further degrading of this facility by up to 10% of existing volume. A traffic impact study will be required to provide the necessary information that proves this proposal is within these parameters. In response to a question, it was indicated a new store constructed to the south of this property is in the City. Mr. Polatty reported he sent a letter to the Department of Community Affairs regarding the subject parcel being under the three acre threshold. A question was raised regarding whether or not the street should be annexed and the City Manager indicated the City does not wish to annex the street. The City Manager further reported the applicant is only annexing the portion needed for this development as they are trying to remain under the three acre threshold. He stated if the property is not annexed, the development can take place in the County. Annexation will increase the City's tax base. He stated another issue to consider is that the recreation facility's location is close to a residential area. Mr. Polatty pointed out the go-cart concession will be close to US 19N. In response to questions, it was indicated the go-carts will be mufflered and the facility will locate on this property whether or not it is within City limits. Alcoholic Beverage Distance Separation Variance for property (Marina Restaurant) located at 25 Causeway Blvd., Marina Building, City Park Sub., Lots 10- 13 (City/Metallo AB91-12) (PL&D) The applicant is requesting an alcoholic beverage distance variance for a new 2-COP alcoholic beverage license designation which permits the sale of beer and wine for on premises consumption. The establishment is in the existing Marina Restaurant which has been in business under current ownership since April 1990. A variance from the separation distance requirement from similarly licensed alcoholic beverage establishments is required as Captain Memo's Pirate Cruise is located on adjoining property. The property is within an area presently zoned public/semi-public district (P/SP). The City Commission approved a lease amendment that allowed this use to serve alcoholic beverages. However, alcoholic beverage sales were not permitted in the P/SP district. A recent Land Development Code amendment was approved by the Commission to correct this and several oversights in the P/SP district. Now the owner is eligible to apply for a conditional use for alcoholic beverage sales for on premises consumption. The proposed establishment will have 1,200 square feet of interior floor area, with the existing 50 indoor seats and no outdoor seating. The allowable seating capacity is 50 seats as determined by the Fire Marshal. There are no additional parking requirements for a 2-COP use beyond that required for Clearwater Marina Station. The proposed hours of operation are 7 a.m. to 7 p.m. on weekdays and weekends. The applicant's request for a conditional use permit has been approved by the Planning and Zoning Board subject to the following conditions: 1) the sales of alcoholic beverages shall be restricted to consumption on premises with no package sales, 2) the requisite occupational license shall be obtained within six months from the date of this public hearing, and 3) the applicant shall obtain a variance of 200 feet to permit the establishment of alcoholic beverage sales zero feet from a similarly licensed establishment. The Police Department has completed a background investigation and has stated there have been no calls to this location. The Harbormaster has indicated the Marina Restaurant is a good tenant of the Marina. The Planning Director indicated the Harbormaster reports that the boats with alcoholic beverage zoning designations do not serve while at dock. Authorize drafting a LDCTA to allow one sign per each frontage (PL&D) Staff has received correspondence from Luciano Mendes, Gulf Beach Motel, 419 Coronado Drive, that states because his property has access and frontage on Coronado and Hamden Drives and the design of this development, it is necessary for him to have his property identified from both roadways. However, Section 134.010(2)b., states that property having multiple frontages is only eligible for additional property identification signs when they front on two or more major thoroughfares as designated in the Thoroughfare Plan. Under current code requirements, it is impossible for the Gulf Beach Motel to have more than one property identification sign. The allowable square footage for business identification signs (15 square feet) is insufficient to permit adequate identification of this property, particularly when access is provided from more than one frontage. In the circumstances described in the letter, it seems appropriate that properties be allowed to be identified adequately from all frontages on which they have access, as long as adjoining residentially zoned property is protected. Staff proposes preparation of a code amendment to permit an additional sign for each frontage, subject to limiting signs on roadways serving as entryway into residential areas. Concerns were expressed that this was being recommended as long as it does not affect residential. It was felt the issue of the sign code is to have a Citywide reduction of sign clutter and by allowing this, it would "junk it up" beach blocks which are short. A question was raised regarding if this would apply anywhere than on the beach. This item was pulled until the requested information is available. Receive and Refer Land Use Plan Amendment to Industrial and IL Zoning for a portion of Phase II and all of Phase III (48.421 acres) 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 Co., LUP91-04, Z91-01) (PL&D) This request is to modify a portion of Phase II and all of Phase III of the Park Place Development of Regional Impact (DRI) to allow industrial land uses in lieu of office uses. Park Place, a 99.1 acre office and retail development, is located across Gulf-to-Bay Blvd. from Clearwater Mall. On September 1, 1983, the City Commission granted approval of the original Development of Regional Impact Report on Park Place. The terms and conditions of that approval are stated in Ordinance No. 3205-83 and in the First Amended and Restated Annexation Agreement as amended by Ordinance No. 3287-83. The project's original owners have gone through foreclosure and the new owner, Building Operation Holding Company, has a client, American Cyanamid, interested in developing the subject property (48.421 acres) with "light, clean manufacturing uses." The property is currently zoned General Office (OG) with a Residential/Office Land Use Classification. The applicant has applied for Limited Industrial (IL) zoning, the only industrial zoning district listed in the Land Development Code. Should the proposed Research Development and Office Park zoning district be approved by the Commission, the applicant should be required to utilize that zoning district for this proposal. An additional 94,722 square feet of retail and 359,340 square feet of office space in Phase I remains to be developed. After approval and certification of final site plans consistent with the Conceptual Master Plan, additional construction can be permitted. Open Space and Recreation impact fees consistent with the terms of this annexation agreement have been paid. In accordance with Phases II and III or the conceptual development plan Additional development, additional development will require the payment of transportation impact fees. Considerations required for the approval of subsequent phases are included in the development order. Annual reports must be submitted for approval by the City and Regional Planning Council. September is the anniversary month for this development's annual reports. The City Manager reported this is the culmination of six months to a year of discussion. He stated a company with light and enclosed manufacturing currently located on S Ft. Harrison wants to move to a new home at the Park Place facility without a substantial deviation from the Development of Regional Impact (DRI). This receipt and referral starts that procedure. He stated the change would essentially replace office development with clean, light industrial. The new zoning category being prepared will accommodate this use. Jim Polatty, Planning & Development Director, indicated this proposal will decrease traffic impact, building coverage, and trip generation. Concerns were expressed regarding the use of the word "industry." It was felt a more favorable term would be a "research" zoning category. The City Manager stated while they agree that was the intent of the new category, they did not want to reject manufacturing. He stated American Cyanamid is a good company and no complaints have been received. In response to a question, the Planning & Development Director indicated the company will be using only a portion of the site. The City Manager reiterated this is a good solid company and will provide a chance to develop 40 acres of the remaining Park Place DRI. It was felt this would also provide good employment opportunities. A question was raised regarding the road accessing the property. The City Manager indicated any roads will have to meet the DRI requirements. Clearwater Gas System The City Manager requested Dan Deignan, Finance Director, to attend to meeting to discuss the Clearwater Gas System (CGS). Mr. Wright questioned the spread between the cost of gas and the sale price. Mr. Deignan indicated the City pays $0.21 a therm and charges $0.40 a therm. Mr. Deignan indicated CGS is attempting to obtain a 54% margin. A question was raised regarding how CGS lost $300,000. Mr. Deignan reported in August, the Florida Gas Transmission (FGT) did not raise its rates but changed its billing method. In an attempt to maintain the same differential between expense and revenue, an arithmetic error became part of the rate. When an analysis was done on the margin, the error was discovered and it was recommended not to pass the March price decrease from FGT to the customers. As a result, a portion of the $300,000 loss has been recovered. A concern was expressed that those who benefitted from the error should compensate CGS for the loss. The City Manager pointed out CGS uses a price tiering system. Mr. Deignan indicated some of the lost revenues could be made up by maintaining current rates. A concern was expressed regarding accomplishing this without negatively affecting the market due to the City not decreasing rates as others have. In response to a question, Mr. Deignan indicated the system is currently running at 52% to 54% of gross. The City Manager indicated the loss could be recovered but the Commission would have to approve new rates. He indicated the need for a good Gas Manager to work with the Finance Department. He also reported a meeting would be held today with Morton Plant Hospital to try to convince them to return to using CGS. The City Manager asked for Commission approval to recover revenues where possible without hurting the system. In response to a question, the City Manager estimated it would take approximately nine months to cover the loss. He indicated staff would recover as much of the loss as possible without becoming non-competitive. It was stated the only reason to keep the Gas Division is if it is profitable. It was reiterated there was a need to have a Gas Manager on staff. The City Manager indicated the issue is not simple and complicated formulas are used. He reported former City Manager Rabun had asked Mr. Deignan to take an interest in CGS, to be sure such an error does not occur again. Verbal Reports A Budget Town Meeting was scheduled for July 23, 1991 at 7:00 p.m. The City Manager asked that the Commission come to the meeting Thursday night prepared to set a date for disscussion of the Maas Brothers property. The City Manager reported a business plan for CGS will be presented through the budget process. He stated CGS will be negotiating with Pasco County for an interlocal agreement. An advertisement has been done for a Gas Manager. Assistant City Manager Hunsisker will stay with CGS through the summer. It was hoped a CGS Manager can be hired by September. The City Manager stated he has also requested information from the Finance Department regarding the pros and cons of establishing a Gas Authority. He stated the goal is to reduce overhead and greatly improve service and the profitability of CGS. He stated all of these issues should come together in July. The City Manager reported a work plan for the Planning & Development Department will be out soon and he will be requesting input from the Commission regarding this. It was indicated the work plan will include the Clearwater Beach Blue Ribbon Task Force recommendations and staff comments. The City Manager requested the Commission hold a closed meeting regarding union bargaining after the July 15, 1991 Commission meeting. City staff was asked to make recommendations regarding a volunteer award. Staff proposes two awards: 1) the Mayor's Award for volunteer service to the City and 2) the Commission Award for a City employee who volunteers in the Community. Kathy Rice, Deputy City Manager, pointed out the Committee judging the nominees will be made up of volunteers. Questions were raised regarding whether or not the award winners should be invited to the Appreciation Dinner. The Mayor stated she would prefer to present these at Commission meetings. The Awards will be made in the form of plaques. Consensus of the Commission was to proceed. Other Commission Action The Mayor questioned whether or not the Commission wished to take a stand regarding a memorandum from the City Manager regarding ceasing the daily delivery service and using fax machines. The City Manager indicated he had planned to discuss this recommendation during the budget process. In response to a question, the City Manager indicated the messenger service currently costs $5,000 per year. He also indicated the change would not totally eliminate delivery service. Consensus of the Commission was to implement this procedure now. Commissioner Fitzgerald questioned if any awards or recognitions should be made to those individuals involved in the cleanup activity after the April storm. The City Manager indicated he was waiting for the process to be finished in order to determine this. Adjournment The work session adjourned at 11:58 a.m.