04/13/1992 CITY COMMISSION WORK SESSION
April 13, 1992
The City Commission of the City of Clearwater met at City Hall with the following members present:
Rita Garvey Mayor/Commissioner
Sue A. Berfield Vice-Mayor/Commissioner
Lee Regulski Commissioner
Richard Fitzgerald Commissioner
Arthur X. Deegan, II Commissioner
Also present were:
Michael J. Wright City Manager
M. A. Galbraith, Jr. City Attorney
Mary K. Diana Assistant City Clerk
Holly Ausanio Staff Assistant III
The Mayor called the meeting to order at 1:00 p.m. and the following items were discussed.
Three service pins and one service ring were awarded to City employees.
The Employee of the Month award for April, 1992 was presented to William Shepard, Engineering Drafting Supervisor, Engineering Division of the Public Works Department.
Discussion: Pinellas Suncoast Transit Authority (PSTA) - Mr. Roger Sweeney (WSO)
Mr. Roger Sweeney, Executive Director of PSTA, gave the background of the PSTA stating it is a countywide agency servicing 19 of 24 communities. There are 62 routes, approximately half
of which are in Clearwater. Funding sources for PSTA as are as follows: approximately 21% from passengers; 19% from State (5%) and Federal (14%) governments; 57% from ad valorem taxes;
and 3% from interest and advertising.
Mr. Sweeney stated the best route regarding passengers per hour is the Jolly Trolley route. Ridership increased 7% last year. The City paid $190,000 for this route in FY 90/91 and
FY 91/92 costs are estimated to be about the same.
In response to a question, it was stated the Jolly Trolley was established in an effort to move people on the beach and reduce traffic. It was stated the public would like to see more
trolleys operating, perhaps extending service to Island Estates, Sand Key and downtown Clearwater.
Mr. Sweeney stated the Trolley does far better during the tourist season and it is a convenient and unique vehicle. He stated there are two new trolleys and two old ones, one of which
is in bad condition. Concern was expressed regarding the limited number of vehicles handling passenger capacity if the route is extended.
Discussion ensued in regard to Route 80 which connects the beach with the mainland. A suggestion was made the Route 80 service bus be used during peak hours (8:00 p.m.-5:00 p.m)
with the jolly trolley handling service during non-peak hours resulting in a Route 80 savings. This savings could be used to subsidize some of the jolly trolley costs if service is
expanded. There was also discussion regarding the use of jolly trolleys to get to the beach rather than regular buses which could originate from the Clearwater terminal.
In response to a question, it was stated a two tier fare system could be implemented with the use of fare boxes. Also discussed was a transfer program; however, it was this felt this
may discourage passengers.
Discussion ensued regarding whether to expand the service of the Jolly Trolley and whether to charge a fare of 25-50 cents. Concern was expressed that the purpose of the trolley was
to provide free transportation as an incentive to reduce use of cars.
Mr. Sweeney stated the trolley is presently operating on a half hour schedule which was found to be acceptable time frame. It was indicated, if service is extended to other areas and
the schedule changed to 45-50 minutes the cost to operate would not increase; however, if the schedule is expanded, the cost could increase approximately $40,000-$50,000.
Discussion further ensued regarding how to expand the Jolly Trolley service without interfering with the regular route to the beach and how to offset the price for another trolley.
A question was raised as to the possibility of advertising inside the vehicles to subsidize costs and it was stated advertising on the outside of the trolleys brings in about $800 per
month; however, inside space is difficult to sell and provides minimal revenue. A new trolley would cost approximately $170,000; and could take anywhere from 3-24 months to purchase
depending on the funding source.
There was discussion regarding the need for turnarounds on Sand Key if the service is extended to that area.
Direction was given to Mr. Sweeney to investigate different options associated with expanding the Jolly Trolley service which includes turnarounds on Sand Key, charging a 25-50 cent
fare to subsidize costs, schedule changes, additional trolleys, and to respond back to the Commission.
Analysis of available capital funds - review (WSO)
Assistant City Manager Betty Deptula reviewed and submitted a summary of revenue sources and the current condition of funds as of September 30, 1991. She stated the figures given represent
audit numbers and, therefore, should not change. She stated the audits are almost completed and the Commission should receive a copy in two to three weeks.
General Fund - Revenues derived from these sources are used to fund the operating expenses of all departments excluding the Enterprise and Internal Service Funds. Fiscal year 1991/92
budgeted revenue is in excess of $56.2 million, including approximately $305,310 for specific CIP projects. General Fund Surplus at fiscal year end September 30, 1991 is $9,181,400
or 16.3% of the FY 1991/92 Operating Budget. Of this surplus, $2,898,920 results from favorable results reported in Fiscal Year 1991.
In response to a question, it was stated the surplus, in excess of the 10% required by Commission policy, is a one-time occurrence and is largely credited to the reduction of Police
Department overtime, and the elimination of positions after mid-year review.
Special Development Fund
ROAD MILLAGE - The 1991/92 road millage budget and expenditures were established at $1,502,785.
In response to a question, it was stated the millage is set based on the
dollars needed for that year.
TRANSPORTATION IMPACT FEES - The reserve balance at FY end 9/30/91 is approximately $795,000. Anticipated receipts of $500,000 are expected in fiscal year 1991/92 with $90,000 appropriated
by Commission action for specific projects during FY 1991/92. Available for appropriation is $1,205,000.
In response to a question regarding the large balance in the transportation impact fee fund, it was stated there are a number of projects underway that will impact this fund's balance
all at once. It was indicated the philosophy has been to have the money up front before committing it.
UNRESERVED, UNDESIGNATED FUND BALANCE - The unrestricted balance as of 9/30/91 was approximately $395,000. The unreserved, undesignated fund will receive an additional $300,000 in interest
this year, and it is recommended to use $100,000 for water conservation devices.
A recommendation to go out to bid for a large quantity of these devices will be coming forward.
GOB Interest Revenue Fund - The unrestricted fund balance as of 9/30/91 is approximately $227,000.
In response to a question, it was stated the 1971 bond issue is paid and the interest earned on the unspent GOB funds has not been spent for several years. It was indicated a special
recommendation will be coming forward to clear this account.
Enterprise Funds
CDBG FUND - A question was raised if CDBG funds are restricted to projects approved by the City Commission, and it was indicated they were.
BRIDGE OPERATING FUND - Annual revenues of approximately $1,645,000 are used to fund the operating and debt service expenses of this enterprise fund. Current year financial statements
reflect net income of approximately $502,000. All Bridge Fund moneys are scheduled to retire outstanding indebtedness when the new bridge becomes operational. It was stated these funds
are accumulating to eliminate the need for a toll on the new bridge.
In response to questions, it was stated the $425,000 insurance recovery is
included in the net income. It was indicated the funds could be used elsewhere,
if needed, but would need to be repaid when the new bridge is complete.
It was pointed out the City Commission made a commitment of no tolls on the new bridge.
PARKING OPERATING FUND - Annual operating revenues in excess of $1,926,000 are used to fund the operating and debt service expenses of this enterprise fund. Fiscal year end 9/30/91
financial statements reflect a net loss of approximately $8,400. The 1991/92 budget reflects a break-even operation.
In response to a question, it was stated revenue beyond operating expenses
can only be used for improving and repairing the parking system.
UTILITY SYSTEM - WATER & SEWER - Discussion ensued regarding the working capital increase and net cash outflow in this fund. It was indicated there was a one time write-off of
$3 million for upgrades of plant facilities due to DER mandates.
A question was raised as to how the City did on a cash basis for the same period of time. Staff is to respond.
SOLID WASTE - Assistant City Manager Betty Deptula stated there has not been a rate increase in several years. The City Manager indicated rate study work is being done presently in
anticipation of the future.
There was discussion regarding relocating the Solid Waste facility.
Self Insurance Fund - Annual revenue from billings to departments of approximately $6,444,000. Fiscal year end 9/30/91 financial statements reflect net income of $2,776,852. Unreserved
retained earnings at 9/30/91 is $7,089,730.
In response to a question, it was stated ongoing expenses include claims
and administration. It was stated the program began in 1986, and the original
target amount was $7 million.
Resolution #92-31 - authorizing the analysis and review of an issue of refunding bonds for the purpose of refunding in whole or part the City's $6,450,000 mortgage revenue bonds, series
1983 for the Drew Gardens Apartments project and directing the City's Bond Counsel, Financial Advisor and appropriate City staff to prepare the necessary documents for such financing
(AS)
By a March 30, 1992 letter, the general partner of the Drew Gardens retirement project, Reynolds Metals Development Corporation (RMDC), has applied to the City for a refunding of the
Series 1983 Florida Mortgage Revenue Bonds issued by the City as a conduit issuer on the Drew Gardens project. Because the 180 unit project has not met its mortgage payments since August,
1991 despite a previous infusion of more than $4,000,000 by RMDC, it is now necessary to restructure and lessen the cost of the debt service for the project by taking advantage of the
present lower borrowing costs. An approximate maximum issue of $475,000 in taxable bonds and $6,200,000 in tax exempt bonds is being requested.
An April 1, 1992 letter from the City's Financial Advisor, Raymond James & Associates, Inc., commenting on the feasibility of the refinancing, concludes the City would be at no risk
in the refunding. No City revenues would be pledged on this investment grade industrial bond issue. The City's Bond Counsel, Bryant, Miller, and Olive, P.A., in their April 1, 1992,
commenting on the feasibility of the bond refunding, has concluded there appears to be no legal or Federal tax related reasons why the refunding could not be accomplished by the City.
This project retains the public purpose justification which allowed and recommended the issue of the original Series 1983 bonds by the City.
The Drew Gardens Associates, LTD, the project owner, is working with the U.S. Housing and Urban Development Corporation (HUD) through their financial trustee, Bank One, to effect the
refunding under which HUD would underwrite a portion of the mortgage debt and approve the overall refunding. Once HUD approval of the process is received, there is a 90 day "window"
within which the bond issue would have to be approved. That date has not yet been established.
Approval of the refinancing by the Commission under the City's Industrial Development Bond Procedures will enable detailed analysis of the financial aspects of the project and the preparation
of the necessary documents for the refunding to proceed. To date, all costs incurred by the City for the use of their Financial Advisor and Bond Counsel will be paid from the $6,000
non-refundable portion of the $7,000 application fee paid by the Drew Gardens owners, RMDC. The City will receive up to $10,000 for this refunding if it is approved and accomplished.
A resolution authorizing the refunding of the Series 1983 bonds has been prepared for Commission consideration and approval.
Concern was expressed regarding the City's financial liability, and it was stated there would be none. There would be a "stigma" if the City's name is associated with a default. The
City would be acting as a conduit for issuing tax exempt bonds as they have done in similar issues. It was indicated the City's bond counsel and financial advisor would be taking a
preliminary look at this issue which will be funded by the requester. Before staff proceeds, the Commission will be asked for direction.
It was stated analyzing and reviewing the refunding issue would greatly impact the Finance Department's staff time; and it was felt the City's Bond Counsel should look at it first.
In response to a question, it was indicated the City would receive $10,000 to compensate for the extra work.
A question was raised as to who holds the bonds, and it was indicated this issue was done prior to the registration laws. Staff will investigate to see if the issuer knows the holder.
Questions were raised as to whether the City should be lending their support to something that may not be financially feasible, whether Industrial Development Bonds (IDBs) would be given
a worse name than in the past, what would happen if the project is not refinanced, what is the reason for continuing the project, is there really a public purpose, and can this project
be handled through the County Health Authority. It was indicated the City's financial advisor and bond counsel would be at Thursday's meeting to answer questions.
Sub-Lease Agreement with Pinellas County School Board of a portion of the Curtis Fundamental Clearwater Comprehensive School Complex to the Religious Community Service for the period
5/1/92-4/30/93 (AS)
The Pinellas County School Board is again entering into a lease with the City of Clearwater for school property on the East side of Holt Avenue at the Curtis-Elementary School complex.
In use since 1972 as a location for temporary emergency housing, the property is now to be sub-leased by the City to the Religious Community Services, Inc. (RCS) which operates the
emergency transitional housing program. Presently, RCS has 14 mobile homes located on the site. Families needing this type of emergency shelter are able to stay in the mobile homes
for periods up to 60 days. This short term, emergency housing program is a major element of the emergency shelter and food network in the community.
The terms of this one year sub-lease agreement are essentially identical to those of last year's sub-lease with the Religious Community Services. Requirements related to the Americans
With Disabilities Act, property maintenance and environmental considerations were added this year. As in the past, no cost is borne by the City for the sublease with RCS. The present
sub-lease with RCS expires on April 30, 1992.
In response to a question, it was thought the School Board had stipulated that the lease be for a period of one year; however, a longer term lease will be investigated.
Concerns were expressed regarding parking and housing meeting the ADA's access requirements.
Approving Clearwater Public Library System Long Range Plan: 1992-2001 (LIB)
In May, 1990, the Long Range Planning Committee was formed and was charged with developing a ten-year plan for Library services. The committee was composed of representatives from the
Library Board, Friends of the Clearwater Library, Greater Clearwater Public Library Foundation, staff, and the general public.
As a result of the planning process, the completed plan is tailored to local interest and expressed library service needs. It targets service to children and to the business community
as top priority development areas. At the same time, it reflects cost consciousness: eighty-five percent of the fifty-two objectives set forth in the document can be achieved with current
funding levels. Of the remaining eight, five would require additional space in the Main Library: one, a market research survey of the business community, is being funded this year through
salary savings; funding for the Clearwater Sun morgue access project is being sought by the Foundation; and one involves an additional staff member for a fee-based business information
service at the end of a three year trial of that project.
Discussion ensued regarding the population figures used. Concern was expressed that projected growth should be included in long range planning. It was stated the University of South
Florida (USF) projected figures are more accurate than the census. Direction was given to continue using USF figures.
Lease Agreement for marina building rooms 24 & 25 to Victor S. Spoto d/b/a Spoto International and Janice G. Skelly for the period 5/1/92-4/30/97 for $18,750 (MR)
The U.S. Customs Service vacated rooms 20, 21, 22, 23, 24, 25, 29 and 30 on February 29, 1992. Mr. Victor S. Spoto, President of Spoto International and Mr. Janice G. Skelly would like
to lease rooms 24 and 25. Room 24 contains 233 square feet, and room 25 contains 142 square feet for a total of 375 square feet. Mr. Spoto and Mrs. Skelly will pay $312.50 per month
plus tax. They will also pay an additional advance deposit of $312.50 The standard asking rental rate for marina second floor rooms is $10.00 per square foot.
In response to a question, the Harbormaster stated the $10 per square foot includes electricity as the air conditioning also services other areas such as a conference room, passageways
to second floor, and some office space. Interior maintenance is not included. The building has about 28% vacant space, but interest has been expressed in this space. He stated the
tenants on the other floors pay their own electric.
U.S. Coast Guard Name Change (WSO)
Bill Held, Harbormaster, stated the mail service is getting mixed up between the station at Sand Key and the Air Station, and a request has been made to change the name to CG Station
Sand Key. There was no objection.
Three year contract to Weeks Towing and Automotive, Inc., Clearwater, FL, to provide towing and impound services to the Police Department for the period 5/1/92-4/30-95 at specified rates
(PD)
The City of Clearwater has contracted with private vendors to provide towing and secure storage for those vehicles impounded or seized under the provision of the Florida State Statutes
and the City's Code of Ordinances. The contract ensures that the City receives consistent and adequate service with minimal liability.
In 1988, a review committee, consisting of representatives of the Police Department, Legal Department, Purchasing Division, and Risk Management Office, determined that only Weeks Towing
and Automotive, Inc., could satisfy the requirements of the terms and bid specifications of the proposed new contract, and recommended they be awarded the contract.
This was approved by the City Commission at their meeting of December 1, 1988. However, before the contract could be executed, Section 121.27, Code of Ordinances, had to be amended
to incorporate the service charges contained in the contract. On March 2, 1989, the necessary amendment was adopted. However, since that time, conflicts between Weeks and the City
regarding the insurance and surety bond requirements contained in the proposed contract remained unresolved and the contract was never signed.
Throughout this time, Weeks has continued to provide optimum service to the City and has honored the basic provisions of the unsigned contract.
In response to questions, it was stated the City has been doing business with Weeks since 1976 with no problems, but there is no current contract. It was stated all problems are now
resolved.
Agreement with the School Board of Pinellas County for the City to utilize Pinellas County School Buses at an approximated cost of $5,000 (PR)
For many years, the Recreation Division of the Parks and Recreation Department has organized field trips requiring bus transportation for participants. The primary arena for field trips
is through Summer Day Camp Programs and during the 1970's, the City utilized school buses for such trips. When the School System discontinued the service, the Recreation Division relied
totally on the private sector for bus transportation.
Staff recently contacted the Pinellas County School System and discovered the opportunity to utilize school buses has again become available to the City at a cost of $.90 per mile plus
$9.00 per hour.
During the Summer of 1991, the Recreation Division organized approximately 31 field trips requiring bus transportation. Approximately 2,660 participants were transported at an estimated
cost of $5,811. Using the school buses would result in an approximate savings of 37% ($2,150.07).
A question was raised regarding what PSTA would charge for this, and it was thought they were not available for this type of service. Staff will research.
A concern was expressed regarding the Eddie C. Moore complex requiring four permits for signs, and the logic of this was questioned.
The promotion of the hibiscus for a state flower by the Beautification Committee was questioned as it will not tolerate a freeze, and it was felt a native plant should be considered.
Direction was given to request the Beautification Committee to reconsider.
Concern was expressed regarding the planting of brazilian pepper and punk trees being promoted in a book at Moccasin Lake Park. A suggestion was made for staff not to use this book
and to come back with a recommendation on how to eliminate these trees and promote mangrove growth on the Memorial Causeway, and the cost for this.
Consider allocation of ten acres known as "The School Board Property" to the Clearwater Airpark with interim use by the City while designated in the long term for airpark development
(PW)
The Clearwater Airport Authority has requested the Commission designate the ten acres north of the Clearwater Airpark, known as "The School Board Property", as property of the Clearwater
Airpark for future development. The Airport Authority has developed a plan to create a "displaced threshold" for the Airpark which extends the runway approximately 1,000 feet in order
to improve safety.
The Airport Authority Plan includes the provisions for use of "The School Board Property" in the interim as a mulch farm for the Solid Waste Division and provides land for the construction
of a retention pond to support the stormwater retention needs of the Public Works Infrastructure Complex development.
The property in question was originally purchased by the Solid Waste Enterprise Fund in 1989 for $750,000. On March 5, 1992, the Commission approved the transfer of this property, at
cost, to the Garage Fund in return for the "Campbell Property". If the Airport Authority request is approved, the Garage Fund would be entitled to a reimbursement for its investment
in the subject property. Without reimbursement, this transfer will be recorded as a "contribution" which will reduce Garage Fund assets and Fund balance. If requested, staff will review
and detail the various reimbursement options for Commission consideration in a subsequent agenda item.
Discussion ensued regarding how the Garage Fund would be compensated for the $750,000 originally paid for the property. It was stated the Airpark does not make any money. It was stated
no matter how the funds are transferred, the impact will be to the general fund.
A concern was expressed regarding safety aspects of the property's use; that something may be built to hinder safe operation of the airport, or attract birds, making flying unsafe.
The City Manager stated part of the property would be used as a retention pond to service Public Works utilities. He stated the property may be used for mulching in the future.
In response to a question, Marvin Moore, representing the Airpark, stated the Airpark wants the property for safety purposes and to control its use. He stated the Airport Authority
wants to extend the runway with a pavement surface. He stated by extending the runway, the planes would be higher over the residences to the north and south, thereby decreasing the
noise level. In response to a question, Mr. Moore stated they would mark the runway indicating it is not for landing, unless an emergency.
Accept amount of $704,182.65 as the Park Place transportation mitigation fee and approve a credit of $99,875 for the preparation of design plans and specifications of Hampton Road improvements
(PW)
The Development Order for Park Place was enacted in 1983, by City Ordinance #3205-83, as amended by Ordinance #3287-83, effective October 20, 1983. Section 4Z of the Order provided
for the payment of certain monies to the City to mitigate transportation impacts. Section 4Z specifically provided that payment of these monies would constitute final and complete payment
of the developer's proportionate share for any and all off-site transportation improvements. The methodology employed in the calculation of the exact fee was to add simple interest
at the rate of 10% per year from October 20, 1983, to the sum of the unpaid balance of $383,393, to arrive at a total due amount of $704,182.65. The methodology and calculation has
been examined and found acceptable by Elizabeth Deptula, Assistant City Manager.
Because the developer, American Cyanamid, has already employed King Engineering, Inc. of Clearwater as their development project engineer, they have requested the Hampton Road widening
project (the mitigation effort) be designed by King Engineering. The City Engineering Office has examined the proposed contract between King and Cyanamid and has determined that allowing
Cyanamid to accomplish the road widening through King would work in the best interest of the City in that the improvements would be realized earlier and at less cost. The work to be
performed by King will be for a lump sum cost of $99,875. A check for $604,307.65, which represents the $704,182.65 mitigation fee less the $99,875 to be paid to King by Cyanamid, has
been delivered to the City.
This amount is to be adjusted should the Commission disagree as to the methodology employed in the calculation of the mitigation fee, or not approve the $99,875 credit for payment to
King Engineering by American Cyanamid.
Should the Commission decide not to honor Cyanamid's request to allow King to perform this service, then the Engineering Division will request indications of interest from the consulting
engineering community and hire an engineering firm in accordance with the Florida statutes regarding this matter.
The City Manager stated this type of arrangement is often done when road improvements are required in conjunction with development. It facilitates and expedites the project.
In response to questions, it was stated comparing similar contracts, with appropriate adjustments, King Engineering is the low price in the comparison. The only thing being evaluated
is the hourly rates. It is not believed the hours required for the job are overestimated. Cyanamid would pay King Engineering out of their impact fee fund. If King Engineering is
not used, the City will need to go through the bidding process, negotiations and hire another contractor. This specific contract price is firm, with no payments for overrun.
Work Order for engineering services for the Stevenson's Creek, Phase 1 project under the existing contract for professional services with Camp, Dresser & McKee, Inc., for $75,000 (PW)
In August of 1990 the City issued Work Order No. DRN 082090 to Camp, Dresser & McKee, Inc. engineers, in an amount of $50,000 for the peer review of design documents prepared by W. K.
Daugherty (the design engineer of Stevenson Creek, Phase 1), management of project environmental permitting, review of all technical elements of the project, coordination of all public
information activities, and preparation of all permit applications necessary to the project. At the time it was believed that CDM's expertise in environmental matters would enhance
W. K. Daugherty's efforts relative to the Stevenson Creek project.
As the project progressed, the permit issued by the Florida Department of Environmental Regulations (DER) was challenged by objectors who, through the course of the matter, occasioned
a need for numerous special hydraulic model runs, conferences with various parties, and preparation of special data. These activities went far beyond the simple assistance envisioned
in the original $50,000 work order. The approval of this agenda item will accommodate the extra work needed in the amount of $75,000.
In response to a question regarding the delay in coming forward with the additional costs, Tom Burke, of Camp, Dresser & McKee, Inc., stated it took a lot of negotiating to come up with
an approved work order for the City.
There was discussion regarding the permit appeal from Foley and the League of Women Voters which was later withdrawn.
Work Order for professional engineering services for Stevenson Creek, Phase 2 project under the existing contract for professional services with Camp, Dresser & McKee, Inc., for $38,200
(PW)
This item is for approval of a proposed work order to be issued to Camp, Dresser & McKee, Inc. for the preparation of Stevenson's Creek, Phase 2 (formerly Phases 2, 3 & 4) design plan
revisions as necessary to meet requirements of environmental permitting agencies and/or the City and to revise and finalize existing construction specifications and contract documents
as needed. CDM will perform peer review and engineering assistance to W. K. Daugherty Engineers relative to Phase 2 Stevenson's Creek activities.
In response to a question, Tom Dresser, of Camp, Dresser & McKee, Inc., stated the design has been reviewed and is ready to be submitted to the appropriate agencies for permitting.
In response to questions, it was stated Phase I will be completed in the summer. It was stated CDM is being contracted to perform peer review to assist in acquiring the permits.
An overview on the Stevenson Creek project is to be given at a future work session.
Direction regarding staff continuing to prepare for consideration of code revisions which eliminate variance and conditional use requests and prepare for consideration of a resolution
establishing a revised fee schedule containing a two-tiered fee structure with a $200 variance fee for residential properties (PLD)(WSO)
Pursuant to Commission direction at its meeting March 19, 1992, the following are additional options for fee reductions.
Differentiate by property valuation - It was suggested that the fees be established based on property valuation; that is, properties with a higher tax valuation would pay a higher fee.
This would set fees on somewhat of an "ability to pay" basis. However, this approach creates a legal problem in that fees must generally be established at levels which correspond
to costs created or benefits received.
Differentiate by "major" and "minor" variance types - Under this approach, minor variances would include small variations to setbacks, open space, landscaping, and fences; these variances
would be reviewed and approved by staff. Major variances would be reviewed by City boards. Using this system, there is a real possibility to make substantive differences in fees by
variance types based on a substantial reduction in personnel processing costs. This approach would minimize staff costs and applicant delays incurred for carefully-defined "minor variances."
The following are recommended approaches.
Revise code - This option, already included in the Planning Services Division work program, would continue efforts to revise the Land Development Code to eliminate "unnecessary" variances.
Already, staff has modified several sections of the code to achieve this effect. Staff is looking into proposals which would eliminate the need for multiple hearings by different boards.
Previously, a consultant was hired to develop alternatives in this regard and recommended several approaches to simplify the review processes for conditional use and variance requests.
The recommendations included separate process for "minor" and "major" variances. Minor variances, including small variations to setbacks, open space, landscaping, and fences would
be reviewed
and approved administratively. Major variances would be reviewed by City boards. The consultant also recommended consolidating the duties of the Planning and Zoning and Development
Code Adjustment Boards. In cases where a variance and conditional use are required, this would allow the request to be heard by one board.
Adopt a two-tiered approach for variance fees - Many communities distinguish between variances processed for residential uses and those for commercial uses. In effect, residential variances
are subsidized by local government, while the commercial variances are not. One advantage is that the typical residential variance involves the smaller cost items, such as fences, room
additions, and minor adjustments to the code. A two-tiered approach would be in keeping with an intent to resolve the equity and enforcement problems identified by the Development Code
Adjustment Board. Further adjustments to the Land Development Code regarding minor and major variances could allow for staff review of minor variances, therefore being assigned a significantly
lower fee than board reviewed major variances.
Staff feels the current fee structure is relatively high for requests involving residential property. This fee often represents a high percentage of the total cost of the proposed construction.
A reduction in the fees for residential requests is recommended.
Discussion ensued regarding differentiating between major and minor variances and, in response to a question, Jim Polatty, Planning Director, stated minor variances could be handled
administratively. This would streamline the process for citizens, and cut down on some of the work going to the Planning and Zoning and Development Code Adjustment Boards.
Concern was expressed the Board members may feel staff is invading their "turf", and questions were raised regarding advertising requirements and property owner notification if staff
reviews.
Discussion ensued in regard to proposed land development code amendments, and it was indicated if these are approved, the number of variance requests and staff time would be reduced.
Concern was expressed that care be given to what is handled by staff as it was felt both sides need to be presented. Also, there needs to be provision for appeal.
In response to a question, it was stated the area of review of variances for signs and alcoholic beverage distance separations needs to be revisited.
Annexation, Land Use Plan Amendment to Low Density Residential and RS-6 Zoning for property located at 1457 Dexter Drive, Douglas Manor Lake Sub., Blk A, Lot 21, 0.23 acres (Johnson
A91-04, LUP91-05) PW
This item was pulled from the agenda.
Land Use Plan and Zoning Atlas Amendment from OL to P/SP for property located at 861 N. Hercules Ave., R. H. Woodley Sub., Blk 1, a portion of Lot 2, 1.55 acres (Sun Bank/Ward (Relocation
of the True School) Z92-06, LUP92-03)(PLD)
The applicant is requesting the LUP and Zone change to enable the relocation of the True School to this site. The True School is a private school which provides education for grades
Kindergarten through 12.
Lot 2, part of which is owned by the applicant, is shown split into two parcels, but there are no records of City approval of the split. The applicant
has applied for an administrative lot division along with his request for rezoning. The lot division of a replat is necessary prior to modification of zoning.
The only zoning classification the City has which permits elementary and secondary schools outside of the Urban Center District is (Public/Semi-public). Therefore, in order to relocate
the True School to this site, the applicant is requesting the amendment to the Future Land Use Plan and zoning.
As an alternative to rezoning, the City Commission may consider directing staff to examine the possibility of a code amendment to allow schools as conditional uses in the office and
commercial districts. This change would fit within the Countywide Rules Standards because public/semi-public uses not exceeding three acres are permitted within residential office general
and the commercial Countywide land use classifications as secondary uses.
A question was raised whether the rezoning would acknowledge the school as a religious or a non-profit organization.
Discussion ensued regarding basic requirements for elementary and secondary schools needing to be met before a license can be obtained. It was stated this is a former school site for
adults. It was stated land use discrepancies are required to go before the Pinellas Planning Council (PPC).
Appointment of Commission members to represent the Commission on Regional and Miscellaneous Boards (CLK)
The City Commission is requested to appoint representatives to various boards that deal with issues affecting the City. The current appointees are Mayor Garvey - Mayor's Council of
Pinellas County, Florida League of Cities Board of Directors, EMS Advisory Council, Pinellas Suncoast Transit Authority, and Joint School Board Meeting; Commissioner Fitzgerald - Tampa
Bay Regional Planning Council (TBRPC), Suncoast Municipal League, and alternate on Mayor's Council of Pinellas County; Commissioner Berfield - Pinellas Planning Council (PPC), Performing
Arts Center & Theater Board of Directors, and Joint School Board Meeting; Commissioner Regulski - Metropolitan Planning Organization (MPO) and the Pinellas Sports Authority. Currently,
there is no representative on the Pinellas Industry Council.
It was stated the Pinellas County Industry Council (PCIC) and the PEDC may merge, thereby requiring only one representative.
A question was raised whether to add the Chi Chi Foundation as the agreement called for a city appointee. It was stated they meet in New York every two years, and the City would have
to pay for its representative's travel expenses.
It was requested the Joint School Board be eliminated as they rarely meet.
In response to a question, it was stated most of the boards do not have alternates.
Consider canceling the 6/4/92 & 7/2/92 Commission meetings and accompanying 6/1/92 & 6/29/92 Work Sessions (CLK)
Discussion ensued regarding the reason for the request, and it was stated meetings should only be canceled if the majority of the members are not available and not to try to accommodate
everyone's schedule. Consensus was to not cancel the meetings.
Verbal Reports
The City Manager reported he has contacted all the advisory boards to come in and go over the financial forecasting the city has done, and the largest response was for a morning meeting.
Tuesday, April 14 at 10:00 a.m. was scheduled.
The City Manager stated PACT has been acquiring supplies from the City warehouse, with records of the transactions since 1979. There is an accounts receivable of approximately $30,000.
It is recommended the account up to this point be forgiven. Also, direction is requested as to whether to allow them to continue on a pay as you go basis.
In response to questions, it was stated the Long Center and Housing Authority are eligible to purchase supplies from the city warehouse. There isn't any real demand on the city; PACT
purchases several cases of supplies at a time, and picks them up.
Consensus was to forgive the debt and to allow the City Manager to handle administratively any similar issues in the future. An agenda item requesting forgiveness of the debt will be
forthcoming.
In response to a question, it was stated the purchases would be limited to the central warehouse.
The Mayor requested the status on the civil fine penalty revenues.
Rescheduling of Special Meeting of 4/28/92 and Budget Work Session of 5/7/92 (WSO)
Consensus was to not reschedule the Special Meeting of April 28th. Consensus was to reschedule the May 7th Budget Work Session to May 19th from 1:00-5:00.
Other Commission Action
Commissioner Regulski expressed concern regarding the amount of calls he has received regarding charges to citizens for lawn meters that are not used. It was indicated at least three
notices had been sent with the bills. Persons have the option of having the meters pulled or the size reduced, thereby eliminating or reducing the charge. In response to a question,
it was indicated the next increase will be in October.
The City Manager reported the Clearwater Pass Bridge will be closed for two weeks starting Monday with concern being expressed regarding the sewer line. A question was raised regarding
whether the sewer line could be temporarily disconnected and supported.
Mayor Garvey expressed concern regarding a letter from a DER representative in regards to the City's recycling issue re solid waste bill and asked if Commission or staff will be doing
a follow up to change her mind. Consensus to work with her.
The meeting adjourned at 5:00 p.m.