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02/03/1992 CITY COMMISSION WORK SESSION February 3, 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: Michael J. Wright City Manager M.A. Galbraith, Jr. City Attorney Cynthia E. Goudeau City Clerk The meeting was called to order at 9:00 a.m. Four service pins were awarded to City employees. PACT - Annual Report Elissa Getto stated that as of the end of the fiscal year, they had a second straight year of having a balanced budget with a slight excess. There was a 75 percent attendance at the hall. She further reported PACT is the first in the state to have achieved the major cultural designation. While no money is attached at this time, hopefully it would bring in revenues in the future. She feels PACT has maintained the number of performances with a healthy balance of programming. She stated they are most appreciative of the City Commission's support, both financial and emotional. Les Smout indicated he was glad to be here to report that for two years they have a balanced budget with an excess. He stated $400,000 of debt service was retired during the previous fiscal year and he greatly appreciates what the City Commission has done. Credit was given to the management of PACT for the improvement over the past couple of years. Citizens were also given credit for supporting the program. It was requested that PACT make a presentation at a Thursday night meeting for the citizens. Clearwater Pass Bridge - Authorization to begin design of construction plans (PW1) In February of 1989, the City of Clearwater entered into a contract with Volkert & Associates to furnish consulting engineering services consisting of a federally-required PD&E study and Construction Plan design services. During the course of the PD&E study phase various regulatory agencies requested specialized oceanographic data beyond that originally envisioned by the contract's scope of services. Consequently, the contract with Volkert was amended on three subsequent occasions, and the total contract amount presently stands at $901,819.00. The Federal Highway Administration (FHWA) has recently signed the PD&E environmental document which constitutes their Location/Design Approval (LDA) and confirms that they will participate in the funding of the construction costs. The receipt of the Location/Design Approval is the point at which construction drawings usually commence. In line with that, Volkert now informs us that due to inflation, project refinements and changes in FDOT practices since the 1989 original agreement, it will be necessary to effect another Supplementary Agreement allowing payment for additional services and increased costs. The work will consist of surveying, geo-technical, marine science, etc. and costs for work associated with the design plans. While it is the City's understanding that the Federal Highway Administration found the project to be worthy of funding and has approved the project for future funding participation, individual construction permits are still necessary from several agencies, including the U.S. Coast Guard. The Coast Guard continues to express a reluctance to endorse the project, even at the increased 74-foot bridge height. The extent to which the immediate authorization for Volkert to begin final plans and specifications might be at risk in that design changes might still be necessary, appears to be minimal when compared to the possibility of failing to meet the time frames associated with the FDOT works funding schedule. It is recommended that staff proceed with the diligence necessary to meet the FDOT time frame for beginning construction in 1993 rather than delay the project design out of fear that the Coast Guard or others might cause us some extra expense due to a redesign. Jack Roberts, of Volkert & Associates stated due to environmental permitting causing delays, the entire project has been delayed. He stated it is prudent to proceed into the design phase at this time, although there will be some risk if permitting agencies request changes. Tom White, of Volkert & Associates, presented a proposed schedule. He stated they have recently submitted the permit package to the agencies and hope to have the permits squared away by August or September. In response to questions regarding the Coast Guard's position, it was stated that while there is nothing in writing, verbally they have said the 74 feet should be sufficient. It was stated one of the concerns is the Corps of Engineers must sign off on the realignment of the channel and the Coast Guard may not act until the Corps has signed off. It was indicated construction is scheduled to begin in fiscal year 1993/1994 and September 1, 1992 would be the last day Volkert could start on the design and still achieve that schedule. In response to a question regarding the status of the acquisition of right-of-way needed, it was stated the City is proceeding at a deliberate pace and final right-of-way maps are not available at this time. In response to a question regarding whether or not portions of the old bridge could be retained as fishing piers, it was indicated they would become a maintenance problem. In response to questions regarding objections to the 74-foot height, it was indicated the boaters who are objecting to this, object to any fixed level bridge and prefer a bascule bridge that would allow any height boat through. Seventy-four feet is the highest that could be constructed as a fixed bridge and if a requirement would be for a higher bridge, the bascule would have to be considered. This would result in a higher cost to build and maintain and there would still be a conflict between vehicular and boat traffic. Concerns were expressed regarding the amount of increase in the contract, with it being stated it indicates a 15 to 20 percent increase when inflation has been much lower than that. Discussion ensued regarding how to calculate the increase and staff was directed to try to renegotiate this. In response to questions regarding the risks of not approving this amendment, it was indicated if the design process is not started, the bridge would drop a year in the FDOT program. John Temple, of District 7 of the Florida Department of Transportation, indicated he has an excellent working relationship with Public Works and has worked closely with Volkert and their staff. He stated he is satisfied we have the documentation necessary and has represented to the Coast Guard that the federal agencies intend to approve the design. He stated the design schedule will require central office review in the Department of Transportation, as well as the Federal Highway Agency. He recommended the Commission allow the beginning of the design phase. Ordinance #5178-92 - Amending existing lease agreement with Chi Chi Rodriquez Youth Foundation (AS-3) The 1985 lease agreement between the City and the Chi Chi Rodriquez Youth Foundation provides the City with the right of first refusal to assume up to $2 million dollars in outstanding debt, which the Foundation has obtained to construct a golf course located on McMullen-Booth Road. With the balloon payment on the loan coming due in March, the Foundation contacted the City and requested the City's guarantee be strengthened to include a firm guarantee in lieu of a right of first refusal, as well as an increase in the maximum guarantee to $2.5 million. The City's guarantee will apparently allow the Foundation to refinance at more favorable interest rates and the additional $500 thousand to be borrowed will be used to purchase additional machinery and carts and to complete construction of golf course facilities. Upon investigating this request, City staff, in conjunction with the City Bond Council, determined the request to guarantee modifies the arrangement enough to produce new City debt, which requires compliance with state law and City Charter provisions. Further, such a guarantee cannot be made from ad valorem tax revenues and cannot exceed $1 million unless it is first approved by the voters at referendum. With these restrictions in mind, City Bond Council has drafted a lease amendment and ordinance which provides for a $1 million guarantee and a right of first refusal on the remaining debt, not to exceed an additional $1.5 million. The golf course is currently operational. In the event the Foundation defaults on their debt, it is likely the City would exercise their existing right of first refusal and assume operation of the course. The language modification to guarantee the first million may, therefore, only formalize a commitment which already exists for all intents and purposes. Staff has reviewed the Foundation request and the lease amendment as drafted by Bond Council. The Foundation has agreed to reimburse the City for Bond Council fees and to pay off the remaining balance of $27,264 on a 1989 City loan used for transportation impact fees out of the refinancing proceeds. Bill Hayes, representing the Chi Chi Rodriquez Youth Foundation, stated he approached the City prior to Christmas asking they increase the guarantee. He stated this will provide an opportunity for the Foundation to refinance its loan if the City will guarantee the first $1 million. He reviewed the history of the site and stated during approval of the initial agreement, this was vacant land and there is a golf course now. He stated financial institutions would not make the same loan as made back in 1985. The balloon loan is due in March and he wants to consolidate this loan with other debt. He wants to finish the golf course project and to construct school buildings for middle school children. He would prefer a 15-year loan as opposed to a short term. The banks are wanting to know what the City's intentions are regarding the lease. Mr. Hayes further commented the City will own the golf course in the end, anyway. He stated he wants to finish the project and everything in the loan is essential to running the golf course. Discussion ensued regarding the alternatives and what the impact would be if the loan is not renegotiated. Mr. Hayes indicated he can get a longer term lease and better interest rates with the City's guarantee. He stated currently the option is for the City to take over the lease hold improvements and operate the golf course, or allow the lien holder to operate the golf course. This would eliminate the educational portion of the facility. Discussion ensued regarding the value of the business and it was indicated their income was over $400 thousand last year and the business is appraised at $3.2 million. In response to a question, it was indicated that 57,000 rounds of golf are played on this course a year. The City Manager stated the City is being asked what it would today, if the Youth Foundation defaulted. He feels the golf course can be maintained and made profitable. In response to a question, it was indicated the financial staff has reviewed the numbers and is comfortable with them. In response to a question, the City Manager indicated if the Foundation defaulted on the loan, the City could walk away from the project and allow the lender to run the golf course. He stated, however, in the end, the City would obtain the asset. Again, in response to a question, Mr. Hayes indicated the purpose of the consolidation of the loan is to get a lower interest rate and allow him to finish the golf course project. He stated the ultimate goal is to obtain full-time schooling on the property. If the loan consolidation is not approved now, he will not be able to construct the school facilities until 1994/95. In response to a question, he indicated the school board will not build the facilities, but will send teachers once the facilities are available. He reviewed the educational programs now in place and stated over $100 thousand was expended to assist 300 children. A concern was expressed that this sounded high and Mr. Hayes indicated the children in this program have special problems. Discussion ensued regarding the need for the loan and how the debt service would be paid off. A request was made that prior to the meeting, specific information regarding the loan package be provided to the Commission. A question was raised regarding concerns of the environmental problem that had existed. Mr. Hayes indicated this is being resolved and that taller plants are being installed in the area. A question was raised regarding lawsuits noted in the financial statement and Mr. Hayes indicated there were two libel suits and no injury suits. A request was made that information be provided to the Commission on; 1) if the Foundation defaulted today, what the recommendation would be for funding and from where the money would come and 2) that if they defaulted ten years from now, from where the money would come. It was indicated that the value of the business is for the improvements only, as the City already owns the golf course land. In response to a question, Mr. Hayes indicated the banks are reluctant to loan this money because they are calling it an unsecured loan. As a side issue, questions regarding the nature park that was to have been constructed by the Chi Chi Youth Foundation was brought up. Ream Wilson, Parks and Recreation Director indicated we currently have over 35 acres, with four acres of environmentally sensitive land, adjacent to the Chi Chi Rodriquez lands. The four acres are in Safety Harbor and part of a 13-acre tract privately owned. An interlocal agreement with Safety Harbor had required them to acquire this property through a site plan for development of the total tract. There is now no interest in developing the tract and Safety Harbor has not gone forward with acquiring the land. Staff had approached the property owners trying to purchase the four-acre tract and the owners are now wanting to sell the entire 13 acres. He will be meeting with Safety Harbor regarding this. He stated there are still funds from the mitigation to use toward the purchase and development of this park. He stated this may be time to address the provision in the Chi Chi Rodriquez Youth Foundation agreement that required them to develop the park. A site plan was developed by King Engineering; however, due to not having all the land, this has not gone forward. The City Manager indicated they will pursue construction of the park and acquisition of the four-acre site also known as Magnolia Falls, no matter what action the Commission takes. It was requested that the section requiring Chi Chi Rodriquez Youth Foundation to construct the nature park be taken out of that agreement. This will be brought up as a separate item at a later time. The meeting recessed from 10:50 a.m. to 11:25 a.m. Revised Infrastructure Sales Tax (Penny for Pinellas) (AS-2) The original "Penny for Pinellas" infrastructure project list was approved by the Commission in 1989, and revised in January of 1991. Subsequent minor revisions in infrastructure projects were incorporated in the adoption of the Capital Improvement Budget for fiscal year 1991/92. Included in the proposed changes, are the Infrastructure funds budgeted for the Maas Property purchase of $1,300,000. All other proposed changes reflect only a change in the funding year(s) of the projects. The City Manager indicated the $1.3 million dollar liability for the Maas Brothers property will flow back into the "Penny for Pinellas" fund if the Community Redevelopment Agency (CRA) buys the entire property. Mr. Wright indicated minor revisions were made to infrastructure projects. A question was raised regarding whether or not adjustments to Penny for Pinellas Projects were proportional to the decrease in revenue originally anticipated. Mr. Wright indicated this money is received monthly for the project which carries a cash balance of several million dollars. The balance in the fund was $3.8 million at the end of the fiscal year. Concern was expressed that the projects be managed in a conservative manner and no project be initiated without funding in place. Mr. Wright concurred and indicated cash flow is running slightly ahead of the projects and he is confident everything is on track. Contract for construction of a new gas main to replace existing subaqueous crossing on the western bridge on Dunedin Causeway to Boyce, Co., Clearwater, FL, at an est. cost of $14,825 (GAS-1) A six (6) inch steel gas main was installed in 1968 along the Dunedin Causeway to serve the Royal Stewart Arms Condominiums. There are three (3) subaqueous crossings on the bridges along this route. Because of the age and the condition of the pipe due to the corrosive action of the saltwater environment, the subaqueous crossing is in need of replacement. Pinellas County has scheduled major refurbishment of the three bridges in three phases on Dunedin Causeway. The refurbishment of the most westerly bridge is the first phase Pinellas County is undertaking. The approval of this agenda item will permit us to replace the subaqueous crossing in conjunction with the County's bridge refurbishment. This agenda item covers installing the replacement pipe under the first phase only. Subsequent items will be brought forward as the need arises and the County schedules the other two phases. The new gas main crossing will hang from the bridge. This will eliminate future corrosive damage from the saltwater environment. In response to a question regarding whether or not this is a new contract, Mr. Wright indicated the County's bridge modifications allow relocation of the City's gas piping. Contract for roof replacement at the Shuffleboard Club located at 1020 Calumet St. to Allstate Roofing, Pinellas Park, FL, for $26,900 (GS-1) The City Commission, at its August 16, 1991 meeting, awarded a contract to Professional Services Industries (PSI) for roof engineering and design consultant services for seven (7) City facilities: City Marina, Fire Stations 1 and 4, Shuffleboard Club, Civic Center, Main Library and Moccasin Lake. Professional Service Industries and City staff reviewed the bids submitted and qualifications of the contractors. Michaels Building Corporation of Tarpon Springs, Florida, bid modified bitumen products manufactured by Suprema which is an entirely different roofing system from that which was specified and is inappropriate for this project. PSI recommends the bid be awarded to Allstate Roofing. In response to questions, Mr. Wright indicated one bid was inappropriate for the project and went through a bid protest. After review, it was determined the bid was not responsive as it did not meet specifications. Floyd Carter, General Services Director, indicated the proposed roof will be a single membrane roof with a low pitch. First Reading Ord. #5177-92 - authorizing the City Manager to approve and execute on behalf of the City, leases of space in the Clearwater Marina building (MR-1) Current City policy is that the City Commission must approve all marina building lease agreements. For several years, the City has used a standard lease agreement form with all marina building lessees. The marina building space was advertized for rent and all proposals reviewed with the Marine Advisory Board for a recommendation. The agenda item was reviewed by the City Attorney, Risk Manager, Assistant City Manager and City Manager before submission to the City Commission for approval. On January 21, 1992, General Services Administration, which controls the lease of building space for U.S. customs, advised that eight of the nine rooms currently rented on the second floor will be returned to the City on February 29, 1992. The City has several requests on file for the renting of building space. Approval of building lease agreements by the City Manager will help ensure revenue is not being lost due to empty building space. This ordinance will authorize the City Manager to approve and execute leases of space in the marina building, with the exception of space leased to the U.S. Postal Service, which will require City Commission approval. The maximum term of any building lease approved by the City Manager shall be three years and rental rates will be kept consistent with the rates for commercial space on Clearwater Beach. Rental rates of less than ninety (90) percent of prior lessee shall require approval of the City Commission. The use of the premises shall only be for the purposes specified in the lease agreement and the lessee shall not sublease without prior written consent of the City Manager. Bill Held, Harbormaster, recommends City Manager approval of leasing building space in order to more quickly fill vacancies as they occur. In response to a question, it was indicated the proposed ordinance will reduce the maximum lease term from five years to three years. It was stated the cost per square foot to lease the property varies. Concern was expressed regarding the City Manager approving rates that are not less than 90 percent of the previous rental rate. It was indicated the Ordinance could be changed to require 100 percent of the previous rate to allow City Manager approval. In response to a question, Mr. Held indicated the rental rate does not include utilities. Concern was expressed a three-year lease may not be long enough for some tenants. It was indicated a longer lease term could be obtained subject to City Commission approval. The City Manager stated it can be made a part of the proposed ordinance that any leases signed will be reported to the City Commission and rental rates for new tenants will be 100 percent or more of the previous tenants' rate. Agreement with Clearwater Festivals Inc. regarding the Fun n' Sun Festival and the Fourth of July Celebration to be held in calendar year 1992 (PR-2) The proposed agreement is identical to that executed for the 1991 festival and celebration except the 1992 cash contribution to the Fun N' Sun Festival is $34,720 instead of $34,675 given last year. The contribution to the Fourth of July Festival remains the same at $4,620. Financial reports were submitted showing the expenditures and revenues from the 1991 events as well as the proposed budget and revenues from the 1992 events. It was noted expenses exceeded revenues by $1,945 in 1991 and Mr. Terry Schmidt, President of Clearwater Festivals, Inc., made a personal loan in that amount to satisfy all contracts. The repayment of this loan to Mr. Schmidt is carried as an expenditure in the 1992 budget. Ream Wilson, Director of Parks and Recreation, indicated a considerable reliance on contributions from outside organizations to sponsor the events. In response to questions, Mr. Wilson stated the revenues from the two separate events are both included in the same report and the dates of the Sun N' Fun Festival will be provided to the Commission. Agreement with The Pepsi Cola Bottling Co., Tampa, FL, to provide six baseball/softball scoreboards for placement at the Eddie C. Moore Complex and Ross Norton Park for a period of eight years (PR-3) It is being proposed for the City to enter into an agreement with Pepsi Cola to provide four scoreboards for the Eddie C. Moore Complex and two scoreboards for the Ross Norton Park ball fields. Entering into this agreement will save the City approximately $10,000 in acquisition costs. According to this agreement, Pepsi Cola will purchase the scoreboards which will carry the Pepsi Cola name and the scoreboards will be provided to the City of Clearwater at no charge. The City agrees to install the scoreboards, to sell Pepsi products through City concession operations at the respective facilities and to maintain the scoreboards with assistance from the Pepsi Cola Company. Only two of the existing four scoreboards at the Eddie C. Moore Complex are currently in working order. A typographical error regarding dispensing equipment was requested to be corrected on page two, paragraph four of the agreement. Interlocal Agreement with Pinellas County to provide water conservation kits to residential customers of the Clearwater water system for a total estimated cost of $400,000 (PW-4) The Southwest Florida Water Management District (SWFWMD) and Pinellas County have entered into an agreement to provide retrofit water-conserving plumbing fixtures to residential customers of the Pinellas County water system. SWFWMD pays $7.59 per kit for the fixtures and Pinellas County pays a flat rate of $6.49 per kit to The Roberts Company, Inc. of Clearwater, Florida, for distribution, installation, if needed, and follow-up of each residence. Installation services are provided when requested by a customer. An objective of the SWFWMD/Pinellas County agreement is to have all water service areas in Pinellas County participate in this program. The individual water utility providers would enter into agreements with the county to "piggyback" on the county's agreements with the District and The Roberts Company in order to distribute the kits/devices within each jurisdiction. To participate, Clearwater would enter into an agreement with Pinellas County, which would coordinate the acquisition, distribution and payment of the kits through its various agreements. The cost to the City is $6.49 per unit. There are approximately 60,000 residential units served by the Clearwater water system. Total estimated cost is $400,000, including preliminary expenses. Participation in this program helps satisfy conditions of the City's Consumptive Use Permit with SWFWMD related to establishing water conservation programs. Water Supervisor Tom Hackett, indicated in response to questions, it is proposed to deliver a kit, including installation instructions, to every residence. A follow-up visit is planned to recover any kits that are not installed. Concern was expressed the system will not work in older homes. It was indicated the County installed these devices in a test area in Seminole and they were determined to be the best choice for city-wide installation. William Baker, Director of Public Works, explained in response to a question, common aerators used in many homes do not save water, but a restricting aerator delivers fewer gallons per minute. In response to a question, it was indicated hotels/motels are not included in the program because they are prohibited by the agreement with SWFWMD. Concerns were expressed regarding attempting this type of conservation effort while unrestricted lawn irrigation is allowed and distributing kits to every home without determining whether or not they can be used. The City Manager indicated County officials could be asked to attend the City Commission meeting to answer questions regarding actual experiences with the proposed system. It was the consensus to continue this item to the next meeting. First Reading Ord. #5176-92 - implementing twice weekly irrigation restrictions; providing for enforcement of more stringent water restrictions that may be declared by SWFWMD (PW-5) On September 19, 1991, the City Commission adopted Ordinance No. 5133-91 relating to a Water Shortage Plan and local enforcement of Southwest Florida Water Management District (SWFWMD) water shortage restrictions. On September 1, 1991, the District relaxed its district-wide water shortage restrictions because of improving hydrologic conditions. However, at the same time, the District strongly recommended to the four coastal communities (Clearwater, Dunedin, Tarpon Springs, and Belleair) that withdraw water from the local aquifer that they implement local ordinances to further restrict water use. This recommendation was due to concerns over the chloride, or salt, content of water in the coastal wells. Clearwater is the only city of the four that has yet to pass a local ordinance or resolution to restrict water use. Proposed Ordinance No. 5176-92 restricts most lawn and landscaping irrigation to twice weekly and establishes criteria for golf course irrigation. The ordinance also provides for automatic enforcement of more stringent water restrictions that may be declared by the governing board or executive director of SWFWMD from time to time. The purpose of the ordinance is to help minimize demand on the City's water supply and to protect the local aquifer. Clearwater's Consumptive Use Permit (CUP), when granted by SWFWMD on July 25, 1989, included conditions that set limits and target levels for maintaining or reducing chloride levels in our wells. The CUP allows us to withdraw water from the aquifer. As of December, 1991, eight of eleven operating wells were above the chloride levels established by the District. Because of concerns for hydrologic conditions in June, 1989, SWFWMD designated Clearwater and all of Pinellas County as part of the Northern Tampa Bay Water Use Caution Area. In January, 1991, the District added several conditions to all CUP's within the Water Use Caution Area (WUCA) that focused on expanded water conservation programs and data gathering requirements by all water users. Since January, 1989, areas within the Southwest Florida Water Management District have experienced a water shortage. During this period, several levels of water shortage restrictions have been implemented by the District and enforced by the City. When the District relaxed its water restrictions in September, 1991, water consumption in Clearwater began rising. During the first eight months of 1991, water consumption averaged 13.88 million gallons per day (MGD). This includes the historic periods of heaviest consumption. Since September, when SWFWMD restrictions were relaxed, consumption has increased by almost 0.7 MGD. Discussion ensued regarding the source and cost of water being used by the City and whether it is preferable to pump the water from City wells or buy it from the County at a higher cost. It was suggested to focus on water conservation rather than source. Mr. Baker stated this is an overall attempt to cut water usage and thus reduce the amount of water pumped from the Florida aquifer and the chloride levels in the water supply. He said SWFWMD is encouraging local governments to institute self-imposed water restrictions. Discussion continued regarding whether the City should reduce the amount of water pumped from City wells and purchase more water at greater expense from the County. Concerns were expressed regarding purchasing more water from the County causing rate increases. The City Manager indicated the City will continue to monitor chloride levels and pump as much of its own water as possible without endangering the aquifer. He said this ordinance will be good for the community no matter from where the water comes. Disbursement of $35,391 to Pinellas Suncoast Transit Authority (PSTA) for the City's share of the purchase of two new beach trolleys (PW-9) The beach trolleys were originally purchased by PSTA with funding provided as follows: Urban Mass Transportation Administration 80% Florida Department of Transportation 10% City of Clearwater (local funds) 10% The same proportional share of funding applies for the replacement of these trolleys, which is scheduled for the near future. According to the agreement with PSTA, the City of Clearwater is to provide 10 percent of the cost of the replacement trolleys. The total cost of the two replacement trolleys is $353,910 with the City of Clearwater's share being $35,391. In response to a question, it was indicated it is likely the same cost breakdown will apply if additional trolleys are purchased. Discussion ensued regarding public transportation on Clearwater Beach with it being indicated if it is decided the trolley can no longer be free, the fare cannot be less than that of the PSTA buses. A suggestion was made to have tram type public transportation, as is done in Key West, and increase the number on busy weekends. It was indicated this type of competition could be in conflict with the City's contract with PSTA. Discussion ensued regarding the Americans with Disabilities Act (ADA) standards relating to handicapped access to public transportation. It was indicated there is a need for ramps or other accessways from the sidewalks to the curbs at bus stops. Staff is to investigate and report. Issuance of a registration for an occupational license for airport limousine service for "Suncoast Yellow Cab, Inc." (CLK-1) Suncoast Yellow Cab, Inc., is contracting to supplement the service of an airport limousine company which services Clearwater. Pursuant to the Clearwater Code of Ordinances Section 71.01(c), registration of a current occupational license from another jurisdiction must be obtained. Suncoast Yellow Cab, Inc. is currently licensed by Pinellas County. The Clearwater occupational license code requires Commission approval for the issuance of a license to operate a taxicab company. The vehicles, which will be used for the airport limousine service, are also being used to supplement the DART van service of the PSTA, with insurance as required by code. Section 61.07 of the Clearwater Code of Ordinances requires each taxicab company to use a distinctive color scheme for all its cabs. The required proof of insurance has been provided. James Polatty, Jr., Director of Planning and Development presented pictures of two color schemes; one with solid yellow taxicabs and the other yellow taxicabs with white roofs. He indicated the Yellow Cab Company was protesting having other taxicab companies use the yellow color. Discussion ensued regarding the question of what constitutes a distinct color scheme. While it was agreed taxicabs should be clearly marked as such, it was questioned whether or not the Commission needed to be involved in the color issue. It was requested and Ordinance be prepared to take this requirement out of the Code. The meeting recessed from 12:29 to 12:58 p.m. Res. #92-6 - 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 City Manager indicated the subject residence, which was damaged by the April 25th storm. A suggestion was made for the City to buy the subject property and donate it for use by the Habitat for Humanity. A question was raised regarding whether or not the building is occupied. It was indicated two children are presently living there; however, they did move out while the structure was being repaired. It was indicated arrangements for guardianship of the children are to be made. Replat of Lots 196 & 197, Clubhouse Estates of Countryside Unit Four, a previously platted subdivision located on the SE corner of Countryside Blvd. and Concord Court (Wolfe) (PLD-10) The applicants are requesting approval to replat lots #196 and #197 of the Clubhouse Estates of Countryside Unit Four to relocate the common lot line between the lots. Both lots were originally purchased together and a single family residence was erected over the common property line. Under the Land Development Code, this replat may be approved as an administrative lot division, but since the Commission has previously considered the replat, the staff is seeking authority for this action. The owners of the property want to move the property line to the west to make Lot #196 a buildable lot. The proposed Lots #196 and #197 meet all area requirements of the Land Development Code without the need for any variances. This same request was heard by the City Commission on May 19, 1988 and was denied. Questions regarding adequate lot area, adequate buildable area for the structure and a pool, and compatibility with the surrounding existing residential area were raised. The applicant was not present to address these concerns. The sketch provided by the applicant's surveyor attempts to address the questions regarding the setbacks, pool area and other concerns. As noted above, the replat would result in two conforming lots. Mr. Polatty, in response to questions, indicated the lots appear to meet the minimum code requirements and adjacent property owners were contacted regarding the proposed replat. He did not know if this application was different from the previous replat request and staff was requested to investigate. LDCTA - Freestanding Signs in the Beach Commercial, Urban Center (Bayfront) and Urban Center (Core) Districts (WSO) (PLD-13) In considering a sign variance request for a freestanding sign in the Beach Commercial zoning district, the Commission directed staff to prepare an ordinance addressing such signage. The proposed draft ordinance provides for freestanding signs in not only the Beach Commercial District, but the Urban Center (Bayfront) and Urban Center (Core) Districts as well. This was done for two reasons. First, the three zoning districts are considered together with regard to signage requirements in the current code; second, and more importantly, the districts share setback and other development requirement similarities which warrant considering them together. The draft ordinance would provide for the following: 1) Permit pole and ground signs to be used as business identification signs in the three districts where twenty-five percent (25%) or more of the property's frontage has a structural setback of at least ten (10) feet. 2) Limit the maximum allowable area and height for such pole and ground signs to 15 square feet in area and 12 feet in height for pole signs and 8 feet in height for ground signs. (Note: Ground signs are automatically limited to 8 feet in height in all districts in which they are allowed, except the Limited Office and residential districts.) 3) Simplify the language concerning additional signs per multiple street frontages. 4) Delete existing property identification sign requirements/allowances for properties having building setbacks of 25 or more feet and an area of at least one acre. (The current code allows a wall, canopy or ground sign for properties meeting these setback and area standards.) The proposed draft ordinance allows property owners flexibility in addressing signage issues in the Beach Commercial, Urban Center (Bayfront) and Urban Center (Core) Districts. Future amendments to the code concerning these districts will eliminate the property identification/business identification sign distinctions, provide some incentives for innovative and/or classical sign design (as proposed in the draft Downtown Development Plan), and permit projecting signs in some circumstances. The proposed ordinance is viewed as an interim code amendment which establishes "ground rules" for pole and ground signs in the Beach Commercial, Urban Center (Bayfront) and Urban Center (Core) Districts which will be carried over into the revised sign regulations when they are prepared for Commission consideration. It was questioned whether or not pole signs are appropriate for Clearwater Beach and what parts of the Beach Commercial area this would affect. Concerns were expressed that pole signs create additional visual clutter. Consensus of the Board was to take no action on these amendments. Recycling Presentation by Jean Sherry and Teresa Eturaspe The City Manager requested an Item to approve a Marketing Plan for the recycling program be added to the agenda. The proposed marketing plan for the Curbside Recycling Pilot Program was presented by Jean Sherry, of Pearson, Thomas/LKW Advertising and Public Relations, and Teresa Eturaspe, Assistant Superintendent of Solid Waste, Special Services. Ms. Sherry distributed an outline of the program's plan of action and mock-ups of promotional materials and customer questionnaires. She explained the marketing plan consists of a constant flow of information and updates to a test market group, to maintain a high level of customer interest and participation. In response to questions, it was indicated bulk mailing of the marketing materials is less expensive than hand delivery and collection for the pilot project is projected to start on May 5, 1992, in the Morningside, Skycrest and Grovewood subdivisions. Recyclables will be collected on one of the regularly scheduled solid waste collection days for each area. In October, 1992, the program will be reviewed and a final evaluation and city-wide program recommendations will be submitted. Ms. Eturaspe, referring to the cost breakdown in the outline, explained $15,000.00 will be funded by Recycling Education Grant Funds and the balance from the first quarter Solid Waste Division operating budget for a total cost of $25,589.00. In response to a question, Mr. Wright indicated the cost per household, during the pilot phase, will be almost $20.00. If the program is launched city-wide, however, the marketing concepts will already be in place and the only cost to the City will be for printing and mailing. Discussion ensued with it being pointed out recycling will decrease the amount of solid waste being put in the landfills, thus reducing dumping fees. It was believed that revenue from sales of recyclables will help defray the cost of the curbside recycling program. However, Ms. Eturaspe indicated the recyclables market is depressed and recycling is being viewed as a cost avoidance procedure rather than a revenue generating venture. It was stated recyclable glass is currently being donated to manufacturers who are collecting it in roll-off dumpsters. In response to a question, Ms. Eturaspe indicated glass is not being used for construction of roadbeds as there is no market in Florida. Consensus of the Commission was to bring this item forward on the February 6, 1992, City Commission agenda. Other City Attorney Items 1. Settlement of Claim - Meeter v. City This claim involves an accident involving a city police car and a car driven by Dudley Meeter. The accident occurred on November 20, 1990, at the intersection of Cleveland Street and Lake Avenue. Mr. Meeter lost three months of income, or $7,960.00, his car, worth $2,930.50, was totalled and he incurred medical bills totalling approximately $7,300.00. A question was raised regarding whether or not the officer involved was totally at fault in the incident. Paul Richard Hull, Assistant City Attorney, indicated the staff member was not a police officer, but a crossing guard, and was determined to be totally at fault. The City Manager stated school crossing guards are frequently asked to shuttle police vehicles to and from the garage in order to free police officers for other duties. From an administrative standpoint, Mr. Wright stated he has often taken a "hard line" in the City's position regarding personal injury settlements. However, he said he feels this claim should be settled. Discussion ensued regarding Mr. Meeter's condition. Mr. Hull was not aware of any other compensation being received by Mr. Meeter. Consensus of the Commission was to place this item on the consent agenda for the upcoming City Commission meeting. Verbal Reports 1. Legislative Update The City Attorney reported the FEMA bill is in good shape and there are companion bills in the House and the Senate with one committee reference in each house. The Senate bill was amended to leave in the five-year rule but there appear to be some problems with the language regarding what can and cannot be done without a permit. Discussion ensued regarding the five-year rule with Mr. Galbraith indicating the cost of building improvements over any five-year period are limited to 50 percent of the value of the structure. The City Attorney and Assistant City Manager Deptula reported regarding impact fees. Mr. Galbraith indicated little improvement in the bill since last year and he is not sure where it is going as there are significant problems. Ms. Deptula indicated the bill in the Senate is sponsored by Senator Kiser. She said letters have been written to the Legislature, expressing opposition to the bill and thanking those legislators who voted against it for their recognition of the impact of the bill on local governments. The Mayor questioned whether or not the City's opposition to the bill has been expressed to Senator Kiser. Ms. Deptula indicated a letter of opposition was written to Senator Kiser and forwarded to the chairmen of the various committees. Mr. Galbraith stated he has sent a detailed listing of the City's objections to Senator Kiser. Ms. Deptula indicated the City is following several pieces of legislation including extension of pension benefits to firefighters and police officers, the impact of solid waste legislation on the City of Clearwater and strengthening limitations and restrictions on fireworks sales. In response to a question, Mayor Garvey and Commissioner Fitzgerald indicated they will attend the Tampa Bay Legislature Day. The Mayor questioned the status of the proposed bill relating to taxation of water, sewer and garbage utilities. Ms. Deptula indicated she has not seen any legislation on this yet. Mr. Wright indicated the City will closely follow this issue. 2. Clearwater Beach Association Request to take over Clearwater Beach Welcome Center The City Manager requested Commission direction regarding the Clearwater Beach Association's request to take over the operation of the Beach welcome station from the Clearwater Chamber of Commerce. Consensus of the Commission was to encourage the two parties to work together. Other Commission Action Commissioner Berfield questioned whether the term of a Maas Brothers Task Force member should run concurrently with the term of the appointing Commissioner, or for the duration of the task force. Commissioner Nunamaker announced the appointment of Gregory Jewell, of Moss Feaster Funeral Home, to the Maas Brothers Task Force. This appointment is to replace Joanne Faruggia, who was not able to attend the task force meetings. Consensus of the Commission was for the term of membership to be for the duration of the task force. Mayor Garvey indicated Mr. Ed Mazur has requested a resolution and to appear before the Commission to make a presentation regarding the Forget-Me-Not Association. Consensus of the Commission was to hear Mr. Mazur's presentation at the next City Commission meeting. Mayor Garvey questioned whether the Commission wanted to support PCEDC's resolution relating to retaining the General Electric Plant. Consensus was to support the resolution. Commissioner Fitzgerald questioned if any action is being taken on a petition opposing a change of address on Gulf Boulevard. Staff is to prepare a report. Commissioner Fitzgerald complimented staff efforts to bring film and commercial productions to Clearwater. Commissioner Berfield expressed great concern regarding being told a staff member called Downtown Development Board members and requested they lobby against Ms. Garris's appointment to the Maas Brothers Task Force. The City Manager is to investigate. The meeting adjourned at 1:58 p.m.