Loading...
03/16/1992 CITY COMMISSION WORK SESSION March 16, 1992 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 William Nunamaker Commissioner Richard Fitzgerald Commissioner Lee Regulski Commissioner Also present were: Kathy S. Rice Deputy City Manager M.A. Galbraith, Jr. City Attorney Cynthia E. Goudeau City Clerk The meeting was called to order at 9:00 a.m. Three service pins were awarded. William Lawson was presented with the Employee of the Month Award. Res. #92-22 - establishing a second deferred compensation plan sponsored by the US Conference of Mayors, to be offered to employees along with the ICMA Retirement Corporation Plan already in place (AS-1) The City has traditionally offered its employees the option of contributing into a City sponsored deferred compensation plan. Under the provisions of Section 457 of the Internal Revenue Code, such a plan allows employees to defer income taxes on the amount of their contributions, as well as on any investment earnings generated by their cumulative account balance. In addition to voluntary contributions available to all employees, the City has traditionally contributed directly for certain management employees who are not eligible to participate in the City's pension plan. Currently the only plan offered by the City is administered by the International City Management Association (ICMA) Retirement Corporation. Representatives of the City labor unions recently proposed consideration of a second 457 plan, sponsored by the United States Conference of Mayors (USCM) and administered by Public Employees Benefits Services Corporation (PEBSCO). Earlier this year, staff had also reviewed the USCM/PEBSCO plan and had independently concluded it should be offered as a second alternative to ICMA. Other than ICMA, PEBSCO is the only 457 plan which can promise substantial "portability" to any employee who leaves the City to work for another government. Historical returns for the various PEBSCO investment options are comparable to similar options offered by ICMA. Subject to some restrictions on subsequent account transfers, PEBSCO is also offering a one time 4 percent "bonus" for all deposits transferred initially into their fixed rate investment option. One other advantage offered by PEBSCO is the ability for employees to change their investment options daily, by telephone. This contrasts with the ICMA policy of allowing changes only at the end of the month and only with ten-day advance notice in writing, co-signed by both the employee and the City. The City Employees Insurance Committee unanimously endorses recommending approval to offer USCM/PEBSCO as an alternative 457 plan, in addition to the current ICMA plan. In response to questions, it was indicated employees have requested the choices offered by a second plan and PEBSCO is recommended. The advantage of having two plans is PEBSCO offers options not offered by ICMA and will add benefits while constituting no additional cost to the city. In response to questions, Assistant Administrative Services Director Dan Deignan stated it is City policy to commit to the plan for one year, participation in the plan is subject to employer approval and there are different investment options available in both plans. He stated historically, PEBSCO rates have been comparable with those of ICMA. Discussion ensued, with Lou Moreno, PEBSCO representative, stating the USCM program has been in place since June, 1979 and offers a variety of options such as stock options, fixed income as well as a variable annuity. Mr. Deignan stated these are the two largest plans in the country. A question was raised regarding how this plan differs from Putnam or Hartford plans with it being indicated Putnam Investors is an option under this program. Mr. Moreno stated the program is known for bringing the benefit of deferred compensation to public employees and is the largest in terms of plan participants. In response to a question, he stated PEBSCO is the plan administrator and the investments are selected by the USCM. Contract for construction of 5,200' of new gas main along Mears Ave. in Tarpon Springs; installing 11,000 of 2" gas main and 2,000' of 5/8" pipe in the Whitcomb Place Sub. to Visk Construction, Inc., Riverview, FL, at a total est. cost of $50,510 (GAS-1) In order to provide timely installation of new gas main and services without increasing staff, it is proposed to award this contract to Visk Construction Company of Riverview to install 5,200 feet of four-inch polyethylene gas main along Mears Avenue in Tarpon Springs and to install 51 new gas services within the Westwind and Whitcomb Place Subdivisions. The builder in Whitcomb Place Subdivision has agreed to install a natural gas water heater in each of his new homes. The estimated return on investment should provide a five-year payback. This contract represents the first of three phases of construction. The second phase will include three public schools and a laundry. The final phase will be to install a two-inch gas main to service the Anclote Manor Hospital. The contractor will furnish all labor and equipment, sod, asphalt, concrete and curb replacements. The City will supply the gas-related material, such as P.E. gas valves and polyethylene pipe. Deputy City Manager Rice stated the total cost of the project will be $88,000 which includes the $50,000 contract for labor. Chuck Warrington, Managing Director of the Clearwater Gas System, stated this is the first leg of a gas main extension into a residential subdivision and each phase will be independently financially successful. Staff was requested to investigate what would occur if the builder sells lots to other builders and it was felt some kind of guarantee should be written into the contract. Joint Project Agreement with Pinellas County to install 20 pipe hanger inserts on the Dunedin Causeway Bridge at an est. cost of $2,160 (GAS-2) Pinellas County plans to replace the Dunedin East Causeway Bridge. This construction will necessitate the relocation of an existing six-inch steel gas main. It is proposed to enter into a Joint Public Works Agreement with Pinellas County to perform the installation of 20 pipe hanger inserts on the bridge structure. The installation of these hanger inserts will enable the Gas System to install a new six-inch steel gas main connected to the bridge. Staff proposes to construct the new main with Gas System crews. The $2,160 cost of this Joint Project Agreement is for labor only. The City will provide the hanger inserts. The bridge inserts have been ordered through Purchasing at an approximate cost of $250. A question was raised regarding whether or not the gas line would drop down into the water at the bascule bridge. It was indicated the subject bridge is a fixed bridge. Purchase of vehicles (GS-1 through 11) Concern was expressed regarding whether or not there is need for all the vehicles owned by the City. It was urged that adequate justification be demonstrated for acquiring new vehicles. Discussion ensued regarding the proposed acquisitions. Floyd Carter, General Service Director, indicated there are 1,400 pieces of equipment being used by the City, only 500 of which are on-road vehicles. He stated the new vehicles are to replace old equipment which is evaluated every year and replaced when maintenance exceeds a reasonable cost. A question was raised regarding how it is determined whether or not there are enough vehicles. It was stated the City Manager monitors the need for replacements when preparing the budget. Staff will provide a report itemizing information for each vehicle. In response to a question regarding why all but two vehicles are being lease-purchased, it was indicated this is a normal budgeting practice. It was stated new equipment is budgeted separately and any acquisition under $25,000 cannot be lease-purchased. Contract for roof replacement at Memorial Civic Center located at 40 Causeway Blvd. to Anderson & Shah Roofing, Inc. of Florida, Clearwater, FL, for $44,700 (GS-13) The Civic Center roof was scheduled for replacement in fiscal year 1992/93; however, due to the dire condition of the roofing system, its replacement has been moved up to this fiscal year. In response to a question, regarding replacing flat roofs with pitched metal roofs, it was indicated each installation is reviewed separately to determine which type should be installed. Contract for burglar and fire alarm service and monitoring for 1 year to Maire Company, Clearwater, FL, at an estimated cost of $13,140 with an option to renew for an additional year at the same pricing (GS-14) The Maire Company was the only response to the bid solicitation. Randy Fierbaugh, Sales Manager, National Guardian Security Services Corporation, Palm Harbor, Florida has protested this bid award. Because this company did not submit a bid, this is not considered a formal protest but a citizen's complaint and will not go through the formal bid protest procedures. A survey of all alarm locations was conducted by the General Services Department to determine if renewal of this contract was necessary. The response to the survey revealed the following reasons to maintain the services; previous burglaries, fire code requirements, the presence of money and/or costly equipment, etc. The Maire Company has its alarm systems installed in 30 City facilities; these systems are the property of the Maire Company. Since 1982, this company has provided excellent service and response to meet the ever-changing requirements of the City. The Maire Company is familiar with the City's various buildings and has provided customized service to each location. A question was raised regarding what happened to the burglar alarm the night of the break-in at the Main Library. It was indicated the cleaning company left the alarm turned off and a subsequent break-in resulted in some vandalism. Authorize a new CIP budget for the construction of Picnic Shelter at Ross Norton Park with the transfer of $20,943.12 from recreation facility impact fees and $4,084.78 from recreation facility impact fee interest to CIP code 3257 to cover the cost of project (PR-1) On numerous occasions, residents of the South Greenwood area have requested additions to Ross Norton Park. The City has included a CIP for Ross Norton Park for fiscal year 1997/98 to construct handball courts and additional sidewalks around the lake. However, no funds have been set aside for a community picnic shelter. Due to the heavy use of Ross Norton Park and the involvement of the South Greenwood citizens, staff concurs that the picnic shelter will be an asset to the community. Preliminary cost estimates reveal that a shelter large enough to accommodate up to 60 persons will cost between $25,000 and $30,000 to design and construct. A question was raised regarding whether or not volunteer help is available to build the shelter. Ream Wilson, Parks and Recreation Director, stated he doesn't know if volunteer help would be successful because the shelter must be constructed according to Code and contractors generally prefer to complete a job more quickly than is possible when waiting for volunteer help. A question was raised regarding whether or not a standard set of drawings could be used for all picnic shelters. Mr. Wilson indicated most picnic shelters are constructed by the County. He stated the drawings for the proposed shelter can be retained for future City use. (Cont. from 3/5/92) - Waiver of Lawn Meter Removal and Downsizing Fee for 90 days retroactive to 2/1/92 (PW-1) Ordinance #5162-91 was approved by the Commission in January 1992, increasing the water and sewer rates for implementation on February 1, 1992. Within this ordinance was a modification to the existing lawn water rate structure increasing the rates in order to encourage conservation. Included was an increase in lawn meter removal from $50 to $70. Costs for downsizing meters are set at different rates depending upon the size of the meter. The cost was set at $60 for downsizing a 1-inch meter and $110 for a 1½-inch meter. Many customers, upon receiving their utility bill for the first time under the new rate, sought ways to economize. Some elected to have their lawn meter downsized or removed and became frustrated when they learned those rates had also increased. It is recommended a grace period of 90 days be granted in which a customer could elect to have their lawn meter removed or downsized at no cost. Rather than trying to determine which meters are residential and which are commercial, it is recommended any meter 1½-inch or less be considered for this grace period. As of March 10, 1992, 18 requests for removal have been received in addition to 18 requests for (1½-inch or less) downsizing. A customer who does not already have a back-flow prevention device must, according to code, install such device when downsizing or upsizing a lawn meter. This rule will continue in effect and will not be affected by this 90-day policy. Some customers who now desire to downsize and who are facing an up-front cost for a back-flow preventer, have asked they be allowed, during this 90-day policy time, to pay the cost of the preventer in some number of installments added to their regular bill. Ms. Rice stated people are wanting to remove the meters or downsize meters because the "ready to serve" cost has increased dramatically. The cost of the backflow preventer is required to be paid in advance because a customer's water can not be turned off for non-payment of these devises. William Baker, Public Works Director, stated backflow prevention devices are required to be installed when changes are made to existing plumbing. Tom Hackett, Water Superintendent, stated certain commercial water systems are being retrofitted based on hazards to the water supply. In response to a question, he stated there is a charge for the device; however, labor is provided at no cost to existing customers. In response to questions, Mr. Baker indicated the Commission is being asked to waive only the cost of removing or downsizing the meter. He explained, according to the City Attorney, the City cannot turn off a customer's house water meter for non-payment for the backflow preventer. If it is decided to allow installment payments, there will be no effective way to collect the cost of the device if the customer defaults. In response to questions, Mr. Hackett stated the new charge for a one-inch backflow preventer is approximately $220 which includes the labor cost of about $110. The cost to an existing customer is about $110 for the device only. Mr. Baker stated the 1½-inch and smaller sizes are almost all residential meters. The importance of customers understanding there is a chance their water bills will increase if they continue to irrigate at the same rate after removal of lawn meters was stressed. A question was raised regarding whether or not citizens would be allowed to pay in installments. Staff indicated a willingness to do this as long as it is understood there is no easy way to collect if the customer does not pay. The City Attorney answered with a qualified "yes" regarding whether or not the City could turn off the lawn meter for non-payment. Staff was directed to revise this agenda item to allow the installment payments for the backflow prevention devices. Contract for Potable Water Well Restoration Project to CenTech Utility Corp., Tampa, FL, for $339,393 (PW-2) The Public Works Department has developed a two-part plan to rehabilitate the City's well field. Part 1 of the Well Field Rehabilitation Project was awarded in December 1990 to CenTech Utility Corporation. Under Part 1 of the Well Field Rehabilitation Project, eight nonoperating wells were modified in preparation for return to active service. The intent of the modifications was to reduce the potential for migration of high chloride groundwater into the freshwater production zone. After completion of the modification, Camp Dresser & McKee, Inc. prepared plans and specifications for installation of pumping equipment, other equipment and facilities required to return the rehabilitated wells to active service. Approval of the bid award will allow construction to begin by April 1, 1992. The rehabilitated wells are anticipated to provide an additional production capacity of 2.40 mgd (million gallons per day). The increased water capacity will allow the city to reduce purchases of water from Pinellas County to below 10 mgd (the upper limit under the existing agreement). William Baker stated the first phase of the rehabilitation has been completed with the underground portion of the wells in place. He stated the wells will now be furnished with pumps, motors and other above-ground equipment. In response to questions, it was indicated a 2.4 mgd increase in City well production would represent a decrease of 2.4 mgd being purchased from the County. One year contract for purchase of approx. 2,500, 90 gallon refuse containers at an est. cost of $137,450 and spare parts, at an est. annual cost of $12,500 to Reuter, Inc., Hopkins, MN, for the period 4/1/92-3/31/93 for an annual total cost of approx. $150,000 (PW-3) The Solid Waste Division has recurring requirements to replace unserviceable 90-gallon refuse containers used in its automated side-loading solid waste collection system. Bids were solicited with specifications that containers be manufactured using a minimum of 25 percent post-consumer recycled, recyclable plastic and having a total weight of 40 pounds, including the lid. The Reuter Barrel is manufactured with 50 percent recycled materials. The Solid Waste Division has been field testing the Reuter 90-gallon container for the past year and the results to date have been favorable. A longer test time is needed to ensure adequate durability before we can recommend the use of containers manufactured with 50 percent recycled materials. The City currently has approximately 25,000 Reuter and Maxon containers in the active inventory. The spare parts, predominantly lids, axles, wheels and bolts, will be used to repair and maintain containers currently in use. In response to a question, it was indicated the purchase and replacement of 2,500 containers per year represents 10 percent of the total number of containers in service. Staff was requested to determine the life span of the containers. Contract for Professional Engineering Services for inspection and preliminary engineering design for Electrical System Retrofit and Maintenance of Clearwater Pass Bridge to Kisinger, Campo & Assoc. Corp., Tampa, FL, for $20,500 (PW-4) During the past year, it has been increasingly difficult to maintain the electrical control system for the Clearwater Pass Bridge. The deteriorated condition of the bridge's electrical system has resulted in several unscheduled closures of the bridge to both boat and vehicle traffic. The system has not had a major overhaul since its original construction in 1965. As a result, it is requested that a thorough investigation of the electrical system be made together with recommendations for maintenance and/or system replacement to provide for the proper operation of the bridge's movable span until abandonment of the existing bridge can be accomplished. Kisinger, Campo and Associates (KCA) was requested to prepare a proposal of professional engineering services for the investigation and subsequent recommendations of maintenance for the bridge. The consultant proposes to provide engineering services in four phases as follows: Phase 1 is to provide initial examination of the electrical system and make recommendations for maintenance and/or replacement at a cost of $20,500; Phase 2 will provide for the design of the approved renewal/replacement alternative and preparation of bid documents (if needed); Phase 3 will provide bid evaluations (if needed) and Phase 4 will provide services during construction (if needed). The Public Service Division intends to carry out electrical installation work if possible. The work proposed in Phase 1 will not require closure of the bridge. William Baker stated this item is concerned only with the electrical and mechanical operating systems of the bridge. He stated KCA is being asked to research an independent engineering consultant to evaluate the bridge system and advise the City. Concerns were expressed regarding it being necessary to pay over $20,000 just for consultation. Gardner Smith indicated electrical engineers and DOT specialists will partially dismantle the bridge system and perform an intensive evaluation on a scale much larger than that normally handled by City staff. Discussion ensued regarding whether or not any local consulting firms were contacted. Mr. Baker stated KCA has indicated due to the size of the project, it is too complicated for local firms to handle. He indicated City personnel will perform all the work within their capabilities, but it is desirable to have expert consultation. Staff was directed to investigate whether or not all the expenses are necessary. Purchase of a house and lot at 1311 Kings Highway from Phillip E. and Edna E. DiPaolo for $110,000 and related property survey and demolition costs of $8,119.50 for a total of $118,119.50 (PW-6) This property is located at the west end of the existing two ponds that run between Highland Avenue and Kings Highway, adjacent to Overlea Street. Its purchase is recommended for use in the development of stormwater treatment for the Highland Avenue widening project scheduled to begin in Fiscal Year 1994/95. The building on this site is a four-bedroom, four bath, one-story structure of approximately 3,000 square feet, in good condition, located on approximately ½ acre. The City Real Estate Services Manager has determined the price of this property compares favorably with a recent sale of a similar property in a nearby area. Southwest Florida Water Management District (SWFWMD) regulations require that stormwater attenuation and treatment be accomplished for all impervious areas added to any road widening project. This particular area was discussed in the HDR engineer's presentation at the City Commission Work Session of March 2, 1992. A question was raised regarding whether or not the house could be moved. It was stated the house will be offered for sale, but it is too large for most lots. Staff will exhaust all remedies before demolition. ITEM - Mr. Baker stated $10,000 worth of water conservation devices have been purchased. Mr. Hackett stated a bill message will be sent out making customers aware these devices are available. Public Hearing (Cont. from 3/5/92) - Amendment to Final Statement of Community Development Objectives and projected use of funds for FY 91-92 CDBG program - (PLD-1) Use of the new Federal HOME program will require shifting expenditures within the existing CDBG program. The net effect of the combined programs will increase funds for housing and community service needs from $1,000,000 to $1,463,500 for 1991-92. The program amendments were reviewed by the Neighborhood Advisory Committee on February 11 and recommended for approval, contingent upon HOME funding being available. Jim Polatty, Planning and Development Director, reviewed the proposed amendments and explained how this will allow more efficient use of the HOME funds for rental rehabilitation. He stated it is hoped to create a safety net for housing rehabilitation and tenants will not be affected. (See PLD-15) Approve HOME Consortium Program Description for 1991-92 for submittal as the City's proposed use of funds under the Pinellas HOME Consortium (PLD-15) On July 18, 1991, Clearwater joined Pinellas County and Largo in a consortium to expend funds made available under the National Affordable Housing Act's HOME program. Eligible activities under HOME are: owner-occupied housing rehabilitation, tenant assistance, home ownership assistance, rental housing acquisition and rehabilitation, and new construction. An additional program requirement is that 15 percent of the funds allocated to a participating jurisdiction must be allocated to Community Housing Development Organizations (CHDO's), or else revert back to the Federal government. The Pinellas County Consortium will receive $1,953,000. Clearwater will receive $463,500. Currently, Clearwater Neighborhood Housing Services (CNHS) is the only CHDO in the consortium; the CHDO set-aside of $292,950 is currently proposed to be taken from the City's share, leaving $170,550 available for the balance of the City. A further provision of HOME rules prohibits the funding of any administrative costs. It is proposed to use the Home funding in tandem with the Community Development Block Grant (CDBG) funds. One new program will be initiated under HOME; Clearwater Neighborhood Housing Services proposes to begin a program to purchase and rehabilitate existing houses in the North Greenwood Neighborhood and sell them to qualified owner-occupants. HOME funds will also be utilized to replace some existing CDBG funds in the new housing construction program and to replace most of the CDBG owner-occupied rehabilitation funding. HOME funds are expected to become available in late April, and participants have two years in which to fully commit funds. Subsequent HOME allocations will require a local match. Jim Polatty explained the proposal. He stated the City is giving all of the required 15 percent to the consortium and the County has promised $500,000 in additional funds for housing projects for the elderly. He stated this is a general submittal to allow the City to do as many things as possible with the money. In response to questions, Mr. Polatty indicated $463,500 is new money, not reallocated from elsewhere and will replace most of the CDBG owner-occupied rehabilitation funding. He stated $143,500 of the replaced funds will be shifted into rental rehabilitation. He stated the $500,000 contribution from the County is tentative and not a part of the HOME program. He stated $40,000, or a 10percent increase in administration cost is for contract employees to administer the HOME program. Variances to Sign Regulations for property (Fortune Federal Savings & Loan Assoc) located at 18401 US 19 N, Levitz Plaza Shopping Center, formerly Grant's Plaza, Sec. 20-29-16, M&B 33.02, 33.021 & 33.06 (Home Shopping/Paxson, SV92-04) (PLD-3) The applicant is requesting two variances to retain and utilize an existing property identification (pole) sign with 77 square feet of surface area located along U.S. 19 on the Grant Plaza property in a Commercial Center (CC) zone. The applicant's property is split from Grant Plaza; however, the division is not recognized by the City as there are no records indicating City approval of the division. If the applicant's property is considered a part of Grant Plaza, it is entitled to one attached business identification sign not to exceed 1.5 square-foot per lineal foot of building width, or 45 square feet, whichever is less; however, is not entitled to a separate free standing property identification sign. As the property split creating the applicant's lot is not recognized by the City, staff feels that the applicant's property should be considered a part of Grant Plaza and the signage judged accordingly. If the applicant's property were to be considered a separate lot it would be entitled to a property identification sign of up to 84 square feet and an attached business identification sign not to exceed 15 square feet. The sign in question is an existing 36-foot-high pole sign which the applicant proposes to reduce to the permitted maximum height of 20 feet while retaining the 77-square-foot surface area. The owners of Grant Plaza have provided a perpetual easement to the applicant for the existing 77-square-foot pole sign. This pole sign is approximately 850 feet from the property owned by the applicant, along the right-of-way of U.S. 19 on the northerly part of Grant Plaza. On the basis of the overall development being a single shopping center, there are already four property identification signs (not including the applicant's) where only two would be permitted. Jim Polatty stated the property was not in conformance when purchased by the current owner who wishes to have the separate signage allowed for an outparcel. He stated the property is considered to be part of the shopping center; therefore, separate signage is not allowed by code. In response to questions, it was indicated if the applicant was granted a subdivision, a freestanding pole sign would still be required to be on the property and not on U.S. 19; however, due to the non-conforming lot, the property does not meet the requirements for subdividing. Discussion ensued with regard to the location and history of ownership of the subject property. A question was raised regarding a large easement indicated on the map of the shopping center. It was indicated to be a 25-foot access easement. Alcoholic Beverage Distance Separation Variance for Pick Kwik located at 32 Bay Esplanade a/k/a 600 Mandalay Ave., Clearwater Beach Sub. Rev., Blk 8, Lots 8-11 (Nostimo, AB92-08) (PLD-5) The applicant is requesting an alcoholic beverage separation distance variance to permit a new 2-APS (beer/wine sales) alcoholic beverage license at the existing Pick Kwik Food Store located at the northwest corner of Bay Esplanade and Mandalay Avenue, Clearwater Beach. The applicant has obtained a conditional use permit as a result of a successful appeal of the denial of the permit by the Planning and Zoning Board on July 30, 1992. The permit request was denied by the Board due to the potential for increased traffic at the site, as well as an increased demand on police services due to loitering, alcohol crimes and noise related police responses. In overturning the Board's denial, the administrative hearing officer established four conditions for approval which, to some extent, address the Board's concerns: 1) The applicants shall provide a security guard to patrol its three Clearwater Beach establishments between the hours of 8:00 p.m. and 2:00 a.m. on Friday and Saturday nights, with monitoring reports submitted to the City Planning and Development Department not less than quarterly; 2) The applicants shall obtain the requisite alcoholic beverage separation distance variance from the City Commission; 3) The applicants shall obtain the requisite occupational license within six months of the date of the public hearing on the application; and 4) The applicants shall restrict the hours of operation for alcoholic beverage sales to 9:00 a.m. until 12:00 midnight Monday through Saturday and 1:00 p.m. until 12:00 midnight on Sunday. In reviewing the request for a separation distance variance, staff finds there is obviously a concentration of alcoholic beverage uses along Mandalay Avenue and vicinity. From a relative perspective, the Mandalay Avenue area contains the highest concentration of alcoholic beverage uses in the City of Clearwater. Jim Polatty, Planning and Development Director, reviewed a chart outlining the concentration of alcoholic beverage establishments throughout the City. He stated there are now 25 establishments per mile in this area which is the highest concentration in the City. He stated, according to the City Attorney, over concentration is a matter to be considered during the variance hearing. He indicated seven separation distance variances have been granted for this area and it will be difficult to justify denial of this application in view of the precedents set. It was suggested, if this request is granted, to consider an amendment to Code standards. It was indicated the standards for conditional use are different from the standards for variances. Waiver of Emergency repair lien on property located at 300 North Vine Avenue (PLD-6) Property located at 300 North Vine Avenue was inspected by the Building Division and found structurally unsafe. The owner of the property is deceased and the known heirs are minor children. The Building Official ordered the structure temporarily repaired to prevent total collapse of the structure and possible harm to neighboring properties, both public and private. The work has been completed. The Planning and Development staff does not feel it is in the best interest of the City to buy this house for the Infill Housing Program because the lot is too small and is not ideally located. Staff feels the Commission should consider the request of the legal counsel for the heirs to waive the lien for emergency repairs. A letter requesting waiver of the lien stated the guardian is having difficulty meeting the expenses associated with caring for emotionally impaired children and operating the property. It was indicated the house was rehabilitated with a CDBG loan which is now in arrears, was damaged in the April 25, 1991 storm, was not structurally sound originally and has not kept its value since the rehabilitation. In response to a question, it was indicated no one is living in the house at this time. Waiving the lien was viewed favorably; however, concern was expressed regarding granting CDBG loans for updating structurally unsound houses. It was indicated CDBG funds are no longer being granted for houses which are structurally deteriorated. It was stated the house is not adequate for the infill housing program but will not immediately be razed. First Reading Ord. #5186-92 - updating and clarifying the Marine Improvements Ordinance (PLD-7) The proposed ordinance is designed to update and clarify the Marine Improvement Codes to reflect changes in duties of City officials and variance boards, construction materials and methods, and reference to other codes and standards. Mr. Baker stated the section requiring a professional engineer's seal on plans will not be removed as is desired by some contractors. In response to questions, Chief Engineer Terry Jennings, stated the requirement for a professional engineering seal will be streamlined for routine maintenance. He stated epoxy-coated pilings are standard in the industry for saltwater applications and creosote coatings are no longer allowed due to environmental concerns. Building Official Vic Chodora stated complete replacement or partial replacement of over 50 percent of a marine structure will require the engineering seal on the plans. Preliminary Site Plan for Sam's Club located at 20568 US 19, Sec. 18-29-16, M&B 41.01, 41.03 & 41.12, 20.041 acres m.o.l. (PLD-9) The applicant is requesting preliminary site plan approval to build a Sam's Wholesale Warehouse Club on the existing Jersey Jim Towers site. The existing site consists of the Jersey Jim Tower Building and the Oriental Furniture Warehouse building. The applicant proposes to demolish these structures and construct a new facility in two phases. Phase I proposes a new 134,900-square-foot structure and Phase II is a 28,000-square-foot expansion. Environmental Management review indicates there appears to be a mistake in the interior landscaping figures provided in the land use summary. It appears the error is simply a drafting error and the applicant should recalculate the area of proposed interior landscaping. The site of the parking and building is zoned Highway Commercial and the wetlands are zoned General Office. If deemed necessary by Environmental Management, the applicant may be required to rezone a portion of the OG portion of the site to the Aquatic Lands/Interior designation. In response to questions, it was indicated water retention and all other code requirements will be met and the only issue to be decided is the rezoning to Aquatic Lands. LDCTA - height limits in the RM-8 and RM-12 Districts and all Single Family Residential Districts (PLD-11) In its efforts to make revisions to the Land Development Code which will reduce the need for "unnecessary" variances, staff has developed the proposed ordinance which increases allowable structure height from 25 feet to 30 feet in the RM-8, RM-12 and all single-family residential districts. This change brings the City of Clearwater height requirements into consistency with those of Pinellas County. Numerous height variances for single-family structures are entertained by the Development Code Adjustment Board. This change would eliminate a number of these variance requests. No negative impacts on single-family or low-density multi-family zoning districts are anticipated as a result of this increase in allowable height. In response to questions, it was indicated steeper roofs and higher ceilings are becoming more common and this amendment will reduce the number or height variances being requested. LDCTA - Accessory Uses (PLD-12) The proposed ordinance serves two purposes: 1) it establishes a specific percentage of floor area standard for accessory uses and 2) it provides a "bonus", of sorts, for hotel/motel uses when those uses have a residential unit attached to the manager's office. The first purpose in intended to provide a clear standard regarding what constitutes a true accessory use. The "accessory" use of property need only be slightly less than the "principal" use. This has created problems in which the mixed use formula of the Land Development Code (which governs intensity of land use allowed for multiple uses of a particular piece of property) is not able to be applied. The second aspect of this proposed code amendment addresses the density associated with hotel/motel uses when a residential use is associated with the hotel/motel use. In many cases, the smaller motels in particular, provide a residential unit for the manager of the motel. This manager's unit is currently counted in calculating the overall density allowed for the hotel/motel use. The proposed amendment would provide a very limited density "bonus" for hotel/motel uses which have a manager's residence associated with them. Planning Manager Scott Shuford indicated this amendment was requested by the Beach Task Force to limit the square footage of accessory uses to a percentage of the floor area of the principal use. LDCTA - revising permitted uses in the Resort Commercial zoning districts (PLD13) City staff has identified a problem occurring on Clearwater Beach involving the conversion of existing motel rooms to retail, personal services, restaurant or indoor commercial recreation/entertainm nt uses. The Clearwater Beach Blue Ribbon Task Force has also recognized this problem in its recommendations to the City Commission. The problem with conversion of existing hotel/motel rooms into other uses is that the loss of hotel/motel rooms reduces the "base" tourist population on the beach. This means that there are fewer tourists and more commercial uses, creating a situation in which pedestrian traffic is reduced and vehicular traffic is increased. If this trend is allowed to continue, staff may have to recommend revising beach parking requirements to eliminate the 50 percent reduction allowances which are based on having a tourist/pedestrian population of a certain size. The proposed amendment would prohibit indoor retail sales, personal services and indoor commercial recreation/entertainment uses from being conducted in a hotel or motel. The amendment would also limit small restaurants (containing less than 3500 square feet of gross floor area) from being allowed to operate in hotels or motels containing fewer than 100 rooms. Some limited retail sales or personal services uses could still occur within hotel/motel uses as accessory uses; however, large scale conversion of motel units could not occur if this amendment is adopted. A question was raised regarding the language relating to indoor retail sales as a principal use. This language prevents indoor retail from becoming the principal use; while other provisions prevent total conversion to retail use. Signage During Construction Periods for Major Public Works Projects or After Major Storms (PLD-17) The Planning and Zoning Board noted that construction work associated with the Countryside Boulevard/U.S. 19 overpass was beginning to obscure the visibility of businesses in this area. The Board adopted a motion recommending that the City Commission permit businesses that are affected by construction to put signs up indicating they are still in business during construction. Staff views such public construction problems as essentially similar to those created by the April 25 storm that destroyed many business signs across the City. That is, each situation is a one-time event which creates signage/business identification problems for a temporary period of time (although some construction projects may be underway for months or even years). For the April 25 storm, the Commission authorized treating businesses affected by the storm as eligible for "grand opening" signage for a limited time period after the storm. While sign clutter would be increased if additional temporary signage is allowed, staff feels the economic harm to the businesses affected under these circumstances warrants the added signage. Concern was expressed that it is a real problem when businesses appear to be closed due to blocked entrances. It was indicated relief is needed immediately to enable some to remain in business. In response to a question, it was recommended to add language limiting emergency signs to specific geographic areas. A question was raised regarding whether the Commission or staff should define affected areas. Discussion ensued regarding in what form to bring this forward. The City Attorney was directed to prepare an emergency ordinance for the upcoming Commission meeting on Thursday. Variance Fees (PLD-18) It is the Commission's policy to establish charges which result in fully covering the costs associated with processing requests. Staff review of all variances processed in 1991 indicates that of 133 variances, 31 percent involved residential uses. For DCAB variances only, 48 percent involved residential uses. It should be noted the review time required for residential variances is essentially the same as that for other variances. However, it should also be noted, many of the communities surveyed provide a fee "subsidy" for residential properties. City staff suggests five options to provide a reduction in variance fees: 1) Revise the code to eliminate "unnecessary" variances. 2) Adopt a two-tiered approach for variance fees distinguishing between variances for residential and commercial uses. 3) Delete operational costs from variance fees having the fees cover only salary and advertising costs. 4) Subsidize variance fees reducing fees across the board. 5) Differentiate by variance types setting fees according to the type of variance requested. The Planning and Zoning Board informally discussed the variance fee question, requested the Commission favorably consider fee reductions for minor variances and direct staff to research similar reductions for "small-scale" conditional use permit requests. Staff feels the current fee structure is relatively high for requests involving residential property, given what other communities charge. Generally speaking, the fees often represent a high percentage of the total cost of the proposed construction. Given direction to proceed, staff will prepare a revised fee schedule to provide relief for residential properties while continuing efforts to revise the code. A fee for residential properties in the range of $150 to $200 would be in keeping with fees charged by other local governments. In terms of the fiscal impact of such a change, a $200 fee for residential properties in 1991 would have resulted in a decrease in revenues received from variance requests of $10,250. If the fee was set at $150, the decrease in 1991 revenues would have been $12,300. Jim Polatty stated alternatives are being developed to eliminate multiple hearings. In response to a question, it was indicated the current $450 per variance covers the cost of processing the requests. Discussion ensued regarding the two-tiered approach to variance fees. It was felt businesses are being penalized by being required to pay more. Discussion continued wherein a suggestion was made to charge for variances based on the assessed value of the property. The City Attorney stated basing a fee on the value of a property makes it more of a tax than a fee. Staff was directed to investigate options for recouping all the costs, making the process as efficient as possible and devising a fee system to reduce the cost of minor variances. The meeting recessed from 1:10 to 1:20 p.m. Commissioner Nunamaker left the meeting at this time. City Commission Goals and Policies Manual (CLK-1) Amendments were made per Commission direction given at the February 17, 1992 work session. New policies regarding landscaping city road and street projects, representative balance on advisory boards, special projects requests by advisory boards and non-board functions--sunshine law have been added. Additional amendments were requested by the Commission as follows: Goals section ? Rewrite strategy #3, page 15, relating to volunteer groups. ? Delete FEMA review project, page 21, if it becomes a matter of law. ? Delete strategy #1, page 23, relating to expanding curbside recycling. Policies section ? Pull BD-6, relating to non-city boards, and address at a later time. ? Correct BD-8, typographical error in statement. ? Revise BG-8, relating to road and drain millage, deleting numbers subject to change every year. ? Revise BG-10 statement, relating to millage levy to read "... to generate at least $400,000 ..." ? Coordinate BD-16 policy, relating to financial support of social service agencies, with proposed ordinance to define needed services. ? Investigate GA-1, whether or not St. Petersburg Junior College parking lot application fee is waived. ? Coordinate GA-2, relating to water and sewer impact fees, with City Attorney; consider creating an Ordinance. A question was raised regarding whether or not a policy is needed to establish the number of affirmative votes of Civil Service Board members required to appoint a fifth member into office. The City Attorney indicated a three-to-one vote is sufficient to comply with the code. In addition, it was questioned whether the vote of a majority of board members or a majority of members present is needed for other regulatory boards. Mr. Galbraith indicated as a quorum is a majority, a unanimous vote of a quorum is needed to decide an issue. Staff was directed to prepare a policy to bring before the Commission at a later date. (Cont. from 3/5/92) Ord. #5178-92 - Amending Chi Rodriguez Youth Foundation agreement (CA-1) Ms. Rice indicated if the Foundation's representatives have not responded to the City Attorney's comments by Wednesday, a special meeting will be set to consider this at a later date. In response to a question, Mr. Galbraith stated he expressed concerns to the city manager relating to blanks on the agreement and observations regarding commitments that could be interpreted as needing bonds. Copies of Mr. Galbraith's comments will be distributed prior to this item being heard by the Commission. Amendment to License Agreement with Clearwater Beach Hilton for parking near and under the Clearwater Pass Bridge. A question was raised regarding whether or not this agreement will be affected by the new bridge. It was indicated this contract will be allowed to expire. A question was raised regarding the status of properties needed for right-of-way. Other City Attorney Items Removal of Assistant City Attorneys from the SAMP pay plan and approval of a separate plan for the City Attorney and Assistant City Attorneys The City Charter states the Commission shall appoint the City Attorney and authorize Assistant City Attorneys, but the terms and conditions of their employment are to be determined. A question has been raised regarding the propriety of having the City Manager approve salaries and other benefits for the Assistant City Attorneys, as has been done in the past. At the work session of November 11, 1991, the Commission directed the City Manager and the City Attorney to develop a proposal to present to the Commission. The proposal is in the form of a manual which outlines the benefits for those employees. It is modeled after the SAMP manual and contains no additional benefits but does clarify the reporting roles. It was stated the other members in the Legal Department would remain under Civil Service. Discussion ensued with it being proposed to provide severance pay benefits and identify a salary range for Assistant City Attorneys. Verbal Reports Pier Observation Deck Harbormaster Bill Held stated construction of Pier 60 may be delayed due to the necessity for wheelchair access to the proposed second level observation deck. He stated costs of the various options would be $60,000 for a ramp and $200,000 for an elevator, or wheelchair lift. He recommended obtaining the building permit for the Pier and delaying construction of the second story deck until a later date. In response to questions, it was indicated the west end of the Pier is designed to support adding the deck later and will not be covered. Consensus of the Board was to proceed according to staff recommendations. Ervin's All-American Youth Fund Ms. Rice stated Anne Garris, Vice-President of the Board of Directors for this group, is requesting $10,000 due to a budget deficit from having lost a funding source. Concern was expressed regarding a shortage of oversight of the program and frequent requests for additional funds. Betty Deptula indicated there is only $1,300 remaining unallocated in the Special Social Services fund and the group is in an emergency situation. She recommended approval of an agenda item authorizing withdrawing the requested funds from the General Fund surplus. In response to a question, Ms. Deptula suggested staff review the program and provide a report to the City Commission regarding recommendations to improve program operations. Consensus of the Board was to add this item to Thursday's agenda. Other Commission Action Mayor Garvey questioned the status of the request of the Downtown Clearwater Association regarding landscaping. It was indicated Parks and Recreation is investigating the costs of providing attractive lowmaintenance plants and repairing damaged planters. It was stated there will be an attempt to incorporate merchant help into the program. Commissioner Regulski questioned whether or not parking fees are collected for the lot being used by a construction company for Pierce 100. It was indicated the lot is being leased. Staff will investigate and report to the Commission. The meeting adjourned at 12:11 p.m.