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08/10/1992 CITY COMMISSION WORK SESSION August 10, 1992 The City Commission of the City of Clearwater met at City Hall with the following members present: Richard Fitzgerald Vice-Mayor/Commissioner Sue Berfield Commissioner Lee Regulski Commissioner Arthur X. Deegan, III Commissioner Members absent: Rita Garvey Mayor/Commissioner Also present were: Michael J. Wright City Manager Kathy S. Rice Deputy City Manager M.A. Galbraith, Jr. City Attorney (arrived 1:25 p.m.) Cynthia E. Goudeau City Clerk The meeting was called to order at 1:02 p.m. One service award was presented. Presentation by Camp Dresser & McKee (CDM) - Dunedin Pass (WSO) Tom Burke, engineer for Camp Dresser & Mckee, submitted copies of a report summarizing the background, regulatory agency review, permitting process and cost estimates for permitting and maintaining the opening of Dunedin Pass. He estimated there is less than a 50 percent chance of resolving permitting issues and obtaining permits will cost approximately $325,000 to $425,000. If successful, he indicated, opening the pass will cost $2 to $3 million and keeping the pass open between $400,000 and $600,000 per year. Mr Burke said there is a high level of local and regulatory interest in the project and not all interest is favorable. He referred to the Department of Natural Resources (DNR) policy not to approve alteration or maintenance of an inlet or pass unless it is demonstrated the proposed activity has no net erosional impact on adjacent beach and dune systems. He stated the Florida Game and Fresh Water Fish Commission recommended against permit issuance based on anticipated impacts to habitat for threatened and endangered species. Concerns were expressed regarding the time and money already spent reviewing the project, water quality, change in velocity, accretion on Caladesi Island and the potential expense of reopening and maintaining the pass. It was suggested to wait until a hurricane opens the pass naturally. A study by Walker and Associates was discussed and interest was expressed in the potential economic and environmental benefits of opening the pass. Staff was requested to copy the study to the Commission. Means of keeping the pass open were discussed. It was indicated certain areas use shoring and "jettying" to reduce sand erosion and accretion. The City Manager stated that CDM's report was only intended to address costs to the City and Mr. Burke had not been asked to estimate benefits. In response to a question, Mr. Burke stated he did not talk to the Coast Guard, but did meet with the Corps of Engineers. He indicated securing the necessary permits will be driven by local popular support more than any other factor. Consensus was to discuss pursuing opening the pass during the CIP budget discussions. In response to a question, it was indicated staff will provide the Environmental Advisory Committee with a copy of the Walker study for its September meeting. A suggestion was made the Marine Advisory Board look into the safety aspects of opening the pass while the EAC reviews it from an environmental standpoint. Presentation by Midge Coward - Florida Gulf Coast Art Center (WSO) Tim Mariani, Vice-President of the Florida Gulf Coast Art Center (FGCAC), after meeting with staff, presented a summary of the Center's proposal for occupying the former Maas Brothers site. A 99-year, $1.00-a-year lease of the upper portion of the property (bluff) is proposed. In the proposal, the Center agrees to assume the responsibility of demolishing the existing building after a two-year period of fund raising, obtain the building permit within three years and complete construction of a new, three story, 60 thousand-square-foot building on the upper portion of the site within two additional years. The City would retain control of the lower section of the site to develop as an extension of Coachman Park. Mr. Mariani explained, if any of these conditions are not met, the City may resume responsibility for the building and at no time will the City relinquish ownership of the property. Mr. Mariani requested Commission approval of the concept of the lease agreement, with the FGCAC negotiating the final details upon approval by the voters. Discussion ensued regarding parking. Mr. Mariani stated 100 parking spaces could be provided beneath the art center building and he is willing to discuss the possibility of joint venturing additional parking north of the site, some of which could perhaps be underground. Mr. Mariani indicated the art center facilities would be rented to the city at reduced costs. He compared this proposal to the Maas Brothers Task Force recommendations: 1) property not used could be made into a park; 2) the FGCAC would assume the demolition costs of the old building; 3) the City would retain control as lessor of the property; 4) the design could be expanded to include a civic room accommodating 500 persons; 5) the center would entertain having a restaurant at the site if an outside company would agree to a long-term lease and operate the restaurant; 6) the area below the bluff could be used for a transportation hub or a turning basin, if desired and 7) once the center is built, a wider view of the water would be available. Phil Harver, architect, and Gil McArthur, representing the FGCAC responded to questions relating to the proposal. They presented a drawing comparing the footprint of the existing building with what is proposed, explaining the art center would be three stories over a parking garage. Discussion continued regarding proposed parking. It was indicated about 100 spaces will be needed daily for art center personnel. Leasing air rights above the parking structure was discussed and it was felt one entity operating the parking garage was preferable to joint venturing. In response to a question regarding ultimate ownership, it was indicated if the art center ceased to exist, the property would revert back to the City. Concern was expressed regarding approving the proposal without additional details. The City Manager indicated conceptual approval is being sought at this point and a detailed item will be brought back at a later date. Discussion ensued regarding general lease requirements and guidelines for placing a referendum question on the November ballot. Discussion ensued regarding fund raising for the project. Mr. Mariani indicated it is hoped to avoid excessive debt financing and it will be determined after two years if sufficient funds can be collected to further pursue the project. Mr. McArthur indicated it is hoped the ballot question will not be delayed until the March election as fund raising momentum would be lost. Commission direction was to have an item on the agenda Thursday night for the Commission to authorize staff to pursue placing a question on the November ballot. The City Attorney is to have a draft question available for Commission review. The meeting was recessed from 2:34 p.m. to 2:43 p.m. Res. #92-54 - 1) authorizing the issuance of Mortgage Revenue Refunding Bonds for Drew Gardens Apartments project not to exceed $6,450,000; 2) authorizing the form and execution of the indenture and loan work-out agreement; 3) approving the bond purchase agreement; 4) appointing a bond trustee, registrar and paying agent; 5) authorizing an official statement for bond issuance and delivery; and 6) authorizing redemption of certain prior bonds (AS-1) On July 16, 1992, following a required Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA) public hearing, the Commission adopted Resolution #92-47 authorizing the issue of Mortgage Revenue Bonds, Series 1983, for the Drew Gardens Apartments project. Bond Ordinance #5256-92 approving the form of the financing documents by resolution was passed on the first reading as an accompanying action. Financing documents in substantially final form, including the Trust Indenture, Loan Work-Out Agreement, Bond Purchase Agreement and the Official Statement for use with the issuance and delivery of the refunding bonds have been prepared. Passage of Ordinance #5256-92 on second reading and Commission adoption of Resolution #92-54 will: 1) authorize the issuance of not to exceed $6,450,000 Mortgage Revenue Refunding bonds; 2) approve the form, execution and release of the financing and public disclosure documents including the Trust Indenture, Loan Work-Out Agreement, Bond Purchase Agreement and Official Statement; 3) authorize execution of the bond issue financing documents by the Mayor; and 4) appoint Bank One, Columbus, Ohio as Trustee, Registrar and Paying Agent for the bond indenture. The closing of the sale of the bonds must take place prior to September 1, 1992 for the refunding action to be effective. As now scheduled, the closing will take place on August 18, 1992 following the sale of the bonds on August 13th. It is again important to note that, when issued, the Refunding Bonds will not constitute an indebtedness or obligation to the City. Val Mahan, Budget Systems and Project Manager, distributed copies of the preliminary official statement dated August 6, 1992 and addressed questions regarding the wording of the indenture. Requests were made to have the caveat relating to "no obligation" to be placed wherever appropriate throughout the document and to remove the words "or other monies" if it cannot be construed as referencing such things as storm water utility fees. Mr. Mahan will continue to work with the Commission regarding the wording of this item. The City Manager requested Mr. Mahan contact bond council to be present Thursday. Staff will have the item revised to include the second reading of the ordinance to be scheduled for public hearing. Purchase of Fire Department Uniforms from Martin's Uniforms, Inc., Tampa, FL, during the period 8/14/92-6/16/93, at an amount not to exceed $24,000 (FD-1) The City is required by union contract to furnish uniforms for Fire Department personnel. Martin's Uniforms, Inc., was awarded the uniform contract encompassing all Pinellas County fire departments by the Pinellas County Fire Chiefs Association. Based on the anticipated annual need to replace worn or damaged uniforms and to outfit new employees, the contract is not to exceed $24,000. Concern was expressed regarding the expense. In response to a question, the City Manager provided information regarding the number of items being purchased. Staff was requested to provide more detailed information regarding what is included in the purchase. Contract to replace gas services and mains on North Clearwater Beach to Visk Construction Inc., Riverview, FL, at an est. $42,400 (GAS-3) The Gas System needs to establish a gas replacement program for North Clearwater Beach. The gas services and mains are composed of cast iron and galvanized steel. The existing gas mains are over 32 years old. There are eleven miles of main on the north beach. This contract will replace 1.5 miles of main. The mains in this program will be replaced based on age and leak history. Twelve bids were solicited and three were received. Visk Construction, Inc. of Riverview submitted the lowest and most responsive bid in accordance with bid specifications. Chuck Warrington, Gas System Managing Director, indicated in response to a question, this project is not being done in conjunction with any other work on the beach. He stated work in other areas is done as needed. Res. #92-52 - calling for the assistance of the Florida Delegation to the US Congress to take corrective action regarding FERC Order No. 636 which restructures the natural gas industry (GAS-4) On April 8, 1992, the Federal Energy Regulatory Commission (FERC) issued new regulations in Order No. 636 that will compel major changes to the services provided by regulated interstate natural gas pipelines. According to congressional experts, this Order will increase utility bills of residential and small commercial consumers by several billion dollars a year and may impair the reliability of natural gas service for residential, commercial and other high-priority end-users of natural gas. The American Public Gas Association (APGA), an association of publicly-owned local distribution companies (LDCs), and many other natural gas consumers oppose specific provisions of this Order that will hurt this Nation's public gas systems and their customers. APGA has called upon Congress to determine, through an impartial analysis, the economic impact and other significant effects of the Order and requested FERC not to be permitted to proceed with implementing Order No. 636 until this analysis is completed and reviewed by Congress. The Clearwater Gas System and the Florida Municipal Natural Gas Association (FMNGA) have studied this Order and its impact on the City's pipeline supplier, Florida Gas Transmission (FGT). The City supports the position taken by the APGA in their report titled "Legislative Fact Sheet: FERC's Order No. 636 Must be Changed". Staff requests the Commission's approval of Resolution #92-52 and the transmittal of the same to the Florida Delegation to the United States Congress and to the Florida League of Cities. Chuck Warrington stated he is the chief lobbyist for the APGA and addressed the harmful effect to consumers of deregulating the natural gas industry. He indicated the proposed legislation will pass along more of the costs of transporting gas to smaller quantity consumers and less cost to power companies. Mr. Warrington stated he has visited and taken letters to the offices of all four congressmen, expressing concerns relating to this issue. It was indicated a co-op of municipalities acting as one agency is preferable to having each municipality acting alone and it is hoped a municipal agreement draft will be completed by this fall. In response to a question, it was indicated the major utilities are in favor of this legislation. A question was raised regarding whether or not anything is being done through the Florida League of Cities or the National League of Cities. Mr. Warrington indicated staff will work with the Commission to get these agencies as well as the Florida Public Service Commission involved. Discussion ensued and the Commission was urged to support the effort to lobby against this legislation. It was indicated 42 local municipalities sell gas and if a system loses pressure, it can take weeks to restore the system due to having to turn off the supply at all connections, rebuild pressure and restart service for all customers. Purchase of one 1992 East 75-yard Aluminum Compaction Trailer from Ray Pace's Waste Equipment, Tampa, FL, for $71,000; financing under City's Master Lease Purchase Agreement with AT&T Credit Corp. (GS-1) Ray Pace's Waste Equipment was the only vendor who submitted a bid for the purchase of one 75-yard aluminum compaction trailer. This purchase is a replacement for a 1981 Heil Compaction Trailer used by the Public Works Department/Solid Waste Division in transporting solid waste to the dump site. Replacement of this compaction trailer was approved by the City Commission during its 1991/92 budget hearing meetings. In response to questions, Floyd Carter, General Services Director, stated this aluminum trailer will replace the last of the steel trailers being used by the Division and is not intended to haul sludge, only garbage. It was indicated garbage is very corrosive and the steel compactor is worn out; however, did provide ten years of good service. Repeal Res. #88-42 & Adopt Res. #92-51 - establishing nonresident user fees for the Library (LIB-1) The following formula was developed to arrive at a nonresident user fee to be charged for library services: Department Indirect Budgeted Budget + Overhead* - Revenue $3,128,440 184,148 84,230 = $32.00 Estimated Population of 99,612 $32.00 + 5.00 (Capital Recovery Component) = $37.00 *Indirect Overhead is a portion of City Administrative Costs. Recalculation of nonresident user fees based on the established formula results in the increases proposed below: Current Fees Proposed Fees Annual individual nonresident $31.00 $37.00 Annual family** nonresident 77.50 92.50 Seasonal (6 mo.) individual nonresident 19.00 25.00 Seasonal (6mo.) family nonresident 47.50 62.50 **The family nonresident fee is figured at 2.5 times the individual nonresident fee. Resolution No. 92-51 also reflects a change in Section 1 allowing nonresidents who have paid a family fee to have either one card or a card for each family member. In response to questions, Althea Anderson, Library Division of Extension Services Manager, explained the fee calculation formula and stated the fee structure is equivalent to what a taxpayer pays to support the library system. Discussion ensued regarding this item and the increase was felt to be justifiable. Lease Agreement with US Coast Guard Auxiliary Flotilla 11-1 of Clearwater, for the cupola room, for the period 10/1/92-9/30/97 for $1.00 (MR-1) The lease agreement with U.S. Coast Guard Auxiliary Flotilla 11-1 of Clearwater expires on September 30, 1992. This lease agreement relates to the small cupola room atop the third floor of the marina building. The space is used as a communications center and control point for operations of the U.S. Coast Guard Auxiliary. Staff recommends continuation of the lease agreement with the U.S. Coast Guard Auxiliary for the cupola room. In response to a question, staff will investigate whether or not there is a need to declare the room surplus prior to leasing. First Amendment to lease agreement for Spoto International & J and D International for municipal marina rooms 24 and 25 (MR-2) The City Commission approved a lease agreement to Mr. Victor S. Spoto, d/b/a Spoto International and Mrs. Janice G. Skelly on April 16, 1992, for municipal marina rooms 24 and 25. This amendment changes the lessees to Victor S. Spoto d/b/a Spoto International and Donald W. and Janice G. Skelly d/b/a J and D International. Mr. and Mrs. Skelly have registered with the State of Florida Department of Revenue under the fictitious name of J and D International. Except as modified in this first amendment, all the terms and conditions of the lease agreement shall remain in full force and effect. In response to a question, Harbormaster Bill Held verified the purpose of this amendment is only to change the names of the parties doing business and all other terms remain the same. 3 year Agreement with Ervin's All American Youth Club, Inc., for the period 9/1/92-8/31/95, for the Club's continuing use and supervision of the Holt Avenue Youth Center at a cost of $13,000 in FY92-93 (PR-3) Ervin's All American Youth Club, Inc. has been operating out of the Holt Avenue Youth Center since 1987. The existing agreement had a three-year term which expired on April 14, 1992, but was amended at that time to allow the club to continue using Holt Avenue Center on a month-to-month basis, but not later than September 30, 1992. The proposed agreement covers a new three-year period. Provisions are similar to those of the existing agreement except for the following: 1) The format of the proposed agreement has been changed to be more consistent to other City agreements. 2) Programming emphasis of the club has shifted from educational and recreational to educational, cultural and motivational. "Recreation" programs for youths of the Greenwood Community will be accommodated more fully at the recently expanded Martin Luther King Center under Parks and Recreation Department supervision. 3) The City will pay all monthly utility costs associated with water and electricity while the club will continue to pay for the telephone. Previously the club paid all utilities. As in past years, the agreement states that the City will provide for building maintenance, landscape maintenance, and for operational supplies. A question was raised regarding whether or not the City pays utility costs for any other organization. Ream Wilson, Director of Parks and Recreation, stated utilities for Clearwater Lawn Bowling/Shuffleboard courts and others are paid by the City. Concern was expressed with the proposed shift away from recreation. Mr. Wilson confirmed he believes ample recreation programs are in place at the Martin Luther King, Jr. center and indicated he is comfortable with EAAYC's focus on cultural activities. Extension of contract for purchase of Cypress Chips with Florida Green Resources, Palm Harbor, FL, for the period 10/1/92-9/30/93 for an annual est. total of $16,000 (PR-4) The Parks Division of the Parks and Recreation Department purchases cypress chips to place under approximately twenty-three playground apparatus installations throughout the City. According to the United States Consumer Product Safety Commission, this type playground surface is among the safest. This contract will allow the City to order and purchase materials only when they are required, thus reducing the need for a large inventory and space for storage. In October of 1991, bids for cypress chips were solicited from eight firms with four firms responding with bids. Two firms responded with the same low bid of $12.50 per cubic yard for an estimated annual total of $10,000. Staff recommended the contract be awarded to Florida Green Resources of Palm Harbor as they were located closer to Clearwater and have provided good service and product in the past. In a letter dated July 23, 1992, Joel Sills stated Florida Green Resources will honor the quoted price through October 1, 1993. Concern was expressed the cypress material could cause cuts and scrapes. Mr. Wilson indicated this material is the safest type of playground surface and is recommended because it cushions impact without packing down. First Reading Ord. #5219-92 - Roll-Off Container ordinance revision, amending Secs. 54.20 thru 54.22 and 54.24 thru 54.26, repealing Sec. 54.23 (PW-2) Clearwater has in force an ordinance governing the policies and procedures for permitting private hauling companies to provide roll-off container service within the city limits of Clearwater. The code governs application procedures, fees, liability insurance and penalties for failure to comply. The ordinance, in its present form, has been misinterpreted by many of the permitees who have not been paying the 15% fee for open top construction roll-off containers placed in Clearwater. As a result, the City has been losing revenue. In the past, the Solid Waste Division has been limited in its ability to maintain adequate surveillance over the construction roll-off portion of the permit due to the highly transient nature of the business and has not been able to effectively enforce the ordinance. Now that all Solid Waste vehicles have radios and a more responsive permitting procedure through the Planning Department's central counter, the City has a means for maintaining better surveillance over the placement of construction roll-offs within the City and will be in a much better enforcement posture. The recommended ordinance revisions tighten the language governing all roll-off operations within the City, specifically including contruction roll-offs, eliminate the need for surety bonds and eliminate areas for misinterpretation of fee requirements. In response to question, Robert Brumbeck, Assistant Director of Public Works/Utilities, stated applicants are given a copy of the ordinance explaining their obligation when they apply for permits. A question was raised regarding the need for frequent police checks. Staff will research and respond prior to Thursday. 1992 Sidewalk Replacement Contract to MTM Contractors, Inc., Pinellas Park, FL, for $197,874 (PW-3) This work consists of construction of new sidewalk, renovation and replacement of existing sidewalks and the resurfacing of one alley. Representatives from the Public Works/Engineering, Transportation and Infrastructure Divisions have coordinated the priority and locations of the proposed sidewalk installations and restorations as well as the alley resurfacing. A question was raised regarding funding of all of the sidewalk construction along Belcher Road when some of it is in the County. It was indicated the sidewalk is needed for Clearwater residents to have bicycle access to the Long Center. Staff was directed to investigate if the County would pay for the portion of sidewalk in unincorporated areas. This item is to be placed on the consent agenda with the understanding Belcher will not be done until the County responds. Contract for Island Estates Marina Station Dredging to Plaza Marine Construction, Inc., Stuart, FL, for $30,000 (PW-9) The purpose of this project is to remove an estimated quantity of 300 cubic yards of bottom material from the City of Clearwater Marina boat slips on Island Estates located around the Marine Science Center building. Boats using this facility are experiencing "grounding" problems in the portions of the slips adjacent to the seawall. The dredge permits conditions issued by the Florida Department of Environmental Regulation requires that the construction method used by the contractor shall be "closed bucket" excavation with dredged material transferred to a sealed barge. Work is being coordinated with the Marine Science Center since the transfer of material from a marine barge to transport trucks will be done on the Center's property. Work is anticipated to be accomplished in less than 30 days. Work specified under this contract includes: 1) dredging existing boat slips down to -4.00 elevation, with the sediments transferred to a sealed barge which will then be moved to the dedicated staging area; 2) transferring sediments and water from the barge directly into sealed trucks waiting in the staging area and transportation to the upland disposal site and 3) disposal of the excavated sediments and water in the upland spoil site located north of the Clearwater Executive Airpark approximately 5.5 miles east of the job site. William Baker, Director of Public Works explained the "closed bucket" or "clamshell" excavation is required because it is designed to eliminate excess water from the dredged material prior to placing it on the barge. It was indicated $100 per yard is a good price for the dredging in view of the difficulty in obtaining permits. Contract for Ross Norton Park Picnic Shelter to R.J. Bunbury Co., Inc., Clearwater, FL, for $23,500 (PW-10) On March 10, 1992, the City Commission authorized a new capital improvement budget to allow for the construction of a picnic shelter at Ross Norton Park as requested by the South Clearwater Neighborhood Association. Funds were transferred at that time to cover the cost of the project. On March 24, 1992, Myers, Plisko and Ott Architects were hired to provide professional services to design, build and administer the construction of this picnic shelter to accommodate up to 60 persons. Staff and community representatives reviewed and approved plans for the picnic shelter. Bids were solicited on July 17, 1992, with six companies responding. R.J. Bunbury Company, Inc. of Clearwater was the lowest and most responsive bid. In response to a question, the City Manager recommended against having the youth builders do this work due to the expertise required in setting up the prefabricated trusses. One-year annual contract for purchase of miscellaneous brass water fittings to B&H Sales, Sarasota, FL, for the period 8/14/92-8/13/93, at a total est. $46,420 (PW-11) The requested material will be used throughout the water distribution system during expansion and maintenance projects. Because the material is used regularly, an annual contract is recommended to efficiently secure these items. The total amount of the contract is estimated at $46,420, of which $5,000 is estimated to be spent in FY 91/92. The recommended vendor submitted the lowest bid for this material. Items will be purchased, as needed, during the contract period, placed in stock, then charged to the appropriate Water Division operating or CIP code as it is withdrawn from the warehouse. A suggestion was made that money could be saved if the City could pick and choose from the bids rather than accept bid items as a lump sum. It was felt contractors do not want to bid in this manner and a rebid might not be worthwhile. Mr. Baker was requested to investigate if the bid will allow this and report prior to Thursday's meeting. License Agreement with GTE Mobilnet of Tampa, Inc., to allow GTE to install communication equipment in the land area on the water tank site and on the water tank at Del Oro Park during the period 9/1/92-8/31/97 for an initial annual rate of $6,504 (PW-12) In April, 1992, staff met with representatives of GTE Mobilnet of Tampa to discuss GTE's desire to install communications equipment in the land area around the water tank and on the water tank at Del Oro Park. Subsequently, a draft license agreement was prepared, reviewed and modified based on comments from City and GTE staff. The final proposed license agreement is being submitted for Commission approval. The agreement provides rights and responsibilities for GTE to utilize not more than 550 square feet of land area and space on the water tank to mount three cellular antennas and miscellaneous communications equipment. The primary term of agreement is for five years, commencing on September 1, 1992 and terminating on August 31, 1997 with provisions for two additional terms of five years each. GTE will pay the City an initial sum of $6,504. The yearly lease rental amount will increase between three percent and five percent annually based on established criteria. GTE is responsible for costs associated with the installation and maintenance of its equipment. In response to a question, it was indicated the proposed building which will house the communications equipment has not been built and will be inside a fenced area. Concerns were expressed the neighbors may object to a building being constructed on the water tower property. Mr. Baker will investigate and provide additional information prior to Thursday's meeting. C.O.#2 to contract with Westra Contruction Corp., for the EAPCF, South Interceptor Rehab-Phase II, increasing the original bid amount by $33,200 for a new contract total of $1,420,926.05 (PW-13) The purpose of changing this order is to compensate the contractor for the new work he has been directed to perform and to cover the work required by the settlement stipulation between the City and Mr. Allan J. Stowell as follows: Item A - Place washed shell material to protect root systems, to accomodate construction traffic and to regrade the roadway and driveway; resod disturbed areas to match existing; place fill dirt over tree roots to protect; remove temporary access road and dirt/shell around tree roots; lower manhole castings to existing ground elevation; install 4-inch PVC sanitary sewer service connection; connect service pipelines to manhole; place hay bales on waterside of construction pits; place temporary snow fence and the contractor's cost to remobilize. Total Change or Increase: $33,200. This includes a 700-calendar-day time extension due to the time loss in reaching the settlement stipulation between the City of Clearwater and Mr. Allan J. Stowell. Also, the contractor has been provided the time necessary to remobilize and complete the pipe liner installation at the Stowell property (no monies involved). These changes result in the following adjustments of the contract price: Contract price prior to this change order = $1,387,726.05 Net increase resulting from this change order = 33,200.00 Current Contract Price including this change order = $1,420,926.05 The City's consultant arborist directed the placement of the fill dirt and shell topping over the exposed tree root systems in order to shield them from damage by the truck and heavy equipment necessary to complete the project. Due to the time loss in reaching the settlement stipulation between the City and Mr. Stowell, the contract completion time had to be extended to include the delay time loss, the mobilization time and the time required to complete the remaining pipe liner installation through the Stowell property. The present completion date has been extended to February 25, 1993. In response to questions Mr. Baker indicated estimates are being prepared and when Mr. Stowell signs the agreement, the installation of the pipe liner will begin within four weeks. Second reading Ord. #5181-92 - Amending comprehensive plan as adopted on 11/15/89, including amendments to future land use, coastal zone management and capital improvements elements (PLD-3) To be continued. This item was not advertised in a timely manner by the Tampa Tribune and will be continued to a later date. Public Hearing & First Reading Ords. #5260-92, #5261-92 & #5262-92 - Annexation, Land Use Plan to Low Density Residential and RS-6 Zoning for property located at 3160 McMullen-Booth Rd., Sec. 21-28-16, M&B 23.04, 23.05, 23.06, 23.08 & 23.13, 17.35 acres (McCullough A92-07, LUP92-13) (PLD-5) The subject property is bounded by Turtle Brooke Subdivision (RS-6/LDR) on the north, Eagles Glen Condo (RM-16/MDR) on the west, Countryside Sports Complex (P/SP) on the south and two churches and a day care center (P/SP) on the east. The owner's residence is on the north portion of the property. The property has a 40-foot access corridor out to McMullen-Booth Road and is addressed as 3160 McMullen-Booth Road. Except for the 40-foot access along McMullen-Booth Road, the property is contiguous to the City around its perimeter. The applicant desires to subdivide his property into large lots in keeping with the development to the north of his property. It is proposed to give the property the lowest density FLUC the City has, LDR and the same zoning as Turtle Brooke to the north, RS-6. Development will occur after annexation. The proposed plat will go through the normal City review process including presentation to the Commission of the proposed subdivision plat. The property is in the County water service area and will receive water service from them. City sewer service is available at the northeast corner of the property. City natural gas service is available from an eight-inch main on the west side of McMullen-Booth Road. The east 50 feet of the 40-foot access from McMullen-Booth Road will be within the future right-of-way of McMullen-Booth Road and is not proposed to be annexed. At their meeting on August 4, 1992, the Planning and Zoning Board recommended approval of the request. The proposed FLUC will be subject to both Pinellas Planning Council and State review. In response to a question, it was indicated the subject property is accessed from McMullen-Booth Road. Concerns were expressed that RS-6 may allow too great a density and have a greater impact on traffic conditions in the area. It was reported the applicant plans on subdividing into large lots, thus reducing the density. Staff is to check with the applicant regarding the zoning designation needed. Variances to Sign Regulations for property (Kmart Corp) located at 2130 Gulf to Bay Blvd., Sec. 13-29-15, M&B 14.03 (Clearwater Property Group SV92-11) (PLD-7) The applicant is requesting two variances to allow the installation of three attached signs, totaling 401 sq.ft. on the renovated K-Mart building located at 2130 Gulf to Bay Boulevard. The proposed sign sizes are: 1) Main store identification sign - 127 sq.ft.; 2) K-Mart Pharmacy identification sign - 120.5 sq.ft.; and 3) K-Mart Garden Shop sign - 153.5 sq.ft. Under the current regulations, the business could be classified as a freestanding business establishment and would be entitled to a 64 sq.ft. freestanding sign and a 15 sq.ft. attached sign. The applicant appears to have no problems meeting the freestanding sign requirements, but is interested in obtaining larger attached signage not allowed by Code. Despite the limitations of the current and proposed code for this site, staff feels the area of the subject property (approximately 5 acres) creates a unique situation for property zoned General Commercial. The K-Mart building is in excess of 100,000 square feet in gross floor area, and while not technically classified as a shopping center, tends to function as one. Consequently, staff would recommend considering the K-Mart Store as though it was a shopping center and grant signage as follows: 1) Main K-Mart Store (major tenant) - 128 square feet; 2) pharmacy (minor tenant) - 48 square feet; and 3) garden shop (minor tenant) - 48 square feet. These allowances would permit the main K-Mart sign as proposed by the applicant, but would require some substantial reductions in the area of the proposed pharmacy and garden shop signs. The recommended sign areas are essentially the same as those allowed for the Target and Home Depot garden shops. The above approach is similar to that taken for facilities such as Albertson's, where the overall facility was treated as a commercial complex. However, the K-Mart store is not eligible for such consideration since both the Pharmacy and Garden Shop are accessed from the interior of the store and do not function as separate business entities, unlike the Albertson's Liquor Store which can be operated entirely independently from the Grocery Store. Jim Polatty, Director of Planning and Development, stated approval is recommended based on the building setbacks from the right-of-way and the slightly smaller signs being suggested. In response to a question, Mr. Polatty stated he does not feel this would be setting a precedent for stand-alone signs. The importance of consistency was stressed and Mr. Polatty indicated he would provide copies of the bonus list to the Commission. Concerns were expressed regarding acting on the variance prior to a decision being made regarding the setback bonus in the sign code. Concerns were also expressed that the proposed bonus does not address setbacks from side streets. Staff is to investigate if the applicant will delay their request until the sign code issue is resolved. The side street issue is to be addressed with the sign code amendments scheduled for the City Commission meeting of September 3, 1992. Alcoholic Beverage Distance Separation Variances for property (Ocean Garden Rest) located at 470 Mandalay Ave., Clearwater Beach Park, Lots 43-48, part of 64 and 65-71 (Pelican Two, Inc. AB92-12) (PLD-10) This is a request for two variances to the alcoholic beverage separation distance requirements to allow a 4-COP establishment 70 feet from a residential zone and 92 feet from a similarly licensed establishment. The establishment has an inside seating capacity of 330 people, and subject to the granting of the requested variances, will have an additional outside seating area of 800 square feet for an additional 53 seats. At their meeting on July 14, 1992, the Planning and Zoning Board approved a conditional use permit for the applicant's expanded service area, the outside seating, subject to the following conditions: 1) the proposed outdoor use area shall not exceed 800 square feet and the interior use area shall not exceed 9,100 square feet ; 2) outside seating shall be limited to 53 people; 3) the 31 on-site parking spaces shall be in accordance with the requirements of the Approved Site Plan; 4) within 60 days of this public hearing, the dumpster shall be relocated to a site approved by the City's Solid Waste Division and screened; 5) the applicant shall obtain the requisite separation distance variances from the Commission; 6) there shall be no outdoor speakers or entertainment; and 7) off-site parking for this use shall continue to be provided as in the past. It was also noted the board agreed "that this approval is an instrument that will assist in the development of Clearwater Beach and not an escape to the existing parking problem." The latter language in the Planning and Zoning Board's motion was intended to address the parking issue. Although the applicant is adding the necessary on-site parking spaces to accommodate the addition, staff wanted an assurance that the off-site parking (located on the east side of Mandalay Avenue) would be available to serve the site; staff consequently recommended the conditional use permit approval contain a condition that a long term parking agreement or a unity of title be required. The applicant did not want to have this condition included because it affected negotiations underway to redevelop the off-site parking area. Regardless of the redevelopment project, the applicant will be required to provide no fewer than the current number of spaces available to serve the site or, alternatively, reduce the size of the restaurant. The applicant's property, upon which his establishment is located, is split between two zoning districts. The zoning of the property fronting on Mandalay Avenue is Beach Commercial while the lots fronting on Gulfview Boulevard are zoned CR-28. Since this request is for a small expansion of an existing alcoholic beverage use, staff does not consider it to be a proliferation of other establishments licensed to sell alcoholic beverages located within 300 feet of the applicant's establishment. Concern was expressed regarding how to assure the parking across the street is maintained only for this business. The City Attorney indicated this could be a condition of granting the variance. Res. #92-49 - Demolition lien for property located at 1136 Tangerine St., Fairmont Sub., Blk G, Lot 11 and N 19.2' of Lot 12 (PLD-13) Property located at 1136 Tangerine Street was inspected by the Building Division and found to be unsafe. The owner was notified by hand delivery of notice of this finding and signed a waiver allowing the City to demolish the structure and assess the cost against the property. Res. #92-53 - Demolition lien for property located at 703 Nicholson St., Ira E. Nicholson's Addition to Clearwater, Blk 1, Lot 13 (PLD-14) Property located at 703 Nicholson Street was inspected by the Building Division and found to be unsafe. The owner was notified by hand delivery of notice of this finding and signed a waiver allowing the City to demolish the structure and assess the cost against the property. In response to a question relating to PLD-13 and PLD-14, it was indicated no investigation was done regarding whether or not previous liens existed. Priority was given to taking the unsafe buildings down and collecting the assessments later. ITEM - In response to a question by Ms. Goudeau, concensus was to eliminate cover sheets from demolition liens in the future and treat them like lot mowings. Receipt & Referral - Annexation, Land Use Plan Amendment to Public/Semi-Public and P/SP Zoning for property located at 2989 Union St., Sec. 5-29-16, M&B 11.08, 2.5 acres (Sylvan Abbey Memorial Park A92-10, LUP92-17) (PLD-18) Prior to the current petition for annexation, this property was the subject of an Agreement to Annex dated June 9, 1986, which was executed to enable the property to obtain City water service. The lot is immediately south of Elysium Subdivision, across Union Street. The street is in the County. The portion of Union Street between the applicant's property and Elysium subdivision is proposed to be annexed together with the applicant's property, making the property to be annexed contiguous to the City. The Sylvan Abbey Cemetery is to the west of the parcel to be annexed, and it has a County Land Use Classification of Open Space. The land to the south and east is also in the County and has a County Land Use Classification of Suburban Low Density Residential. Elysium Subdivision to the north is in the City and has a City Land Use Plan Classification of Low Density Residential and zoning of RS-6. The applicant has purchased this single-family house and parcel which lie adjacent to the cemetery. He has received permission from the County for such use, and wants to modify the existing structure on the site for use as the cemetery office. In order to do so, the County is required that he connect to the available City sewer which is in Union Street in front of the property. The applicant wishes to commence construction as soon as possible, and requests the City Commission to authorize the release of notification to the County that the City will provide sewer service. If so authorized by the Commission, the Director of Public Works will notify Pinellas County that the City will provide sewer service to this parcel after all applicable fees have been paid, the sewer assessment has been paid or lien executed, and the site plan has been submitted to the Director of Planning and Development and found to be in compliance with the City Land Development Code. The City Manager indicated the applicant has expressed an interest in annexing the entire Sylvan Abbey site into the City limits once reclaimed water becomes available. In response to a question, he stated the adjacent nursing home could also be included in the annexation. Receipt & Referral - Land Use Plan Amendment to Commercial/Tourist Facilities, CPD Zoning and Preliminary Site Plan for property located in Sec. 1-29-15, M&B 32.01 (Sunset Bank of Tampa Bay LUP92-14, Z92-08) (PLD-19) This request is to amend the existing Land Use Plan to Commercial/Tourist Facilities and the Zoning Atlas to Commercial Planned Development for the subject property. The site plan is submitted in support of the requested CPD zoning. CPD zoning is requested in order to permit the development of the property as a gas station/convenience store, such development to be carried out in accordance with the approved site plan. Also, CPD zoning would enable the City to restrict the potential uses of the property to those specifically permitted. Prior to this development proposal, the subject property was used as a bank with drive-through teller lanes. The bank facility has been vacant and unoccupied for several years. The applicant proposes to raze the existing bank building and construct a gasoline station/convenience mart with a car wash/storage facility. The applicant desires to obtain a conditional use for package alcoholic beverage sales at a later date. The subject property is located at the southwest corner of Sunset Point and Belcher Roads. Belcher Road is identified as a scenic/noncommercial corridor on the Countywide Land Use Plan. This designation is intended to preclude commercial land use plan amendments under the Countywide Rules unless "specifically determined to be consistent with the purpose and intent of such corridors through the plan amendment process." It should be noted the Pinellas Planning Council (PPC) is reviewing its scenic/noncommercial corridor requirements however, at the current time, the proposed CPD zoning would be in violation of the PPC rules for scenic/noncommercial corridors. The City's policy on these corridors dates from October 20, 1977 when the Commission adopted Resolution #77-106 establishing certain roadways as scenic/noncommercial corridors. Belcher Road, from Bellair Road to Curlew Road, was listed on this resolution. However, the City's Comprehensive Plan, adopted in November, 1989, listed only the following roadways as scenic/noncommercial: Memorial Causeway, Edgewater Drive, Courtney Campbell Causeway and Bayshore Boulevard. A review of the surrounding zoning configuration reveals that three of the corners at the Sunset Point/Belcher intersection are developed as other than open space, rural estate, suburban, and low density residential, one of the purposes included in the PPC's Special Rules, scenic/noncommercial corridors. The northeast corner is developed as a mixed use (commercial/office) complex. Due to road improvements to Belcher and Sunset Point Roads, right-of-way has been required from the subject property on the north and east sides of the property, consequently reducing the site area for sufficient above-ground stormwater pond retention. The applicant is proposing a stormwater vault to be maintained by the proposed business owner. Belcher Road appears to have adequate capacity for this proposal and is functioning at Level of Service "C" with most of the traffic being passer-by trip clientele. Preliminary Conditions: 1) signs and fencing/walls are subject to separate review and permitting processes; 2) conditional use permit request for alcoholic beverage sales shall be submitted prior to certification of the final site plan; 3) site lighting structures shall not exceed 18 feet in height (same as building heights) and shall be directed away from rights-of-way and adjoining properties; 4) open space requirements shall meet Neighborhood Commercial standards: 30 percent of lot, and 55 percent of front yard; 5) stormwater calculations, retention area and stormwater vault details shall be submitted prior to DRC review; 6) soils information relating to the stormwater vault performance shall be required prior to DRC review; 7) a landscape plan shall be submitted prior to DRC review; 8) the applicant shall obtain approval from the Commission to amend the land use plan to Commercia/Tourist Facilities and amend the zoning district to CPD; and 9) as part of the CPD application, the applicant shall submit elevation drawings illustrating how the site will look after completion of all site work. Discussion ensued regarding the designation of Belcher Road as a scenic corridor and the applicant's request for a CPD zoning category for the area to allow a convenience store at Belcher & Sunset Point Roads. Mr. Polatty stated the existing OPD/OL zoning patterns are good transitional zoning districts and are ideal for this area. He feels the scenic corridor designation should be supported. Discussion ensued regarding the site plan for the proposed development. In response to questions, Mr. Polatty stated there would be a driveway off Belcher Road and a study is being done regarding whether or not the County will maintain the scenic corridor. Consensus was to remove this item from the consent agenda. Preliminary Site Plan for City's Solid Waste Complex located at 1701 Hercules Ave., N of CSX Railroad tracks (PLD-20) The City of Clearwater Utilities Group is proposing to move the solid waste facilities from the existing location at 1180 Russell Street to the proposed site. The current location consists of a shared site with the Marshall Street Wastewater Facility, which was recently upgraded and expanded to provide advanced wastewater treatment in accordance with Federal law. As a result, the existing site is no longer adequate for housing the solid waste functions and activities The new site facility proposed to house all administrative offices with associated parking, container maintenance operations, vehicle equipment and storage and a recycling drop-off facility. An existing CSX railroad line is located along the south property line. If the City is granted access to the existing railroad spur, the Solid Waste Complex as well as other City departments may utilize the railroad spur for shipping and receiving of equipment and materials. A conditional use permit will be required for any outdoor storage on this site. Staff recommends authorizing the Development Review Committee (DRC) to approve the final site plan subject to the following conditions: 1) signs and fencing/walls are subject to separate review and processes and 2) the appropriate conditional use shall be obtained for any outdoor storage on this site. Bob Brumback, Assistant Director of Public Works/Utilities, addressed questions relating to the proposal. Concern was expressed regarding locating the recycling drop-off site adjacent to Hercules Avenue. It was indicated an attempt was made to situate the operation offering the least objectional view nearest to Hercules Avenue. However, there is also a need to segregate the recycling drop-off site, which is accessible to the public, from the rest of the complex. Concern was expressed with the appearance of various drop-off sites in the City and it was indicated attractive shrubbery will screen the proposed site from Hercules Avenue. In response to questions, it was indicated 1180 Russell Street will continue to be used until the proposed complex is developed and the proposed location abuts the railroad property. The City Manager stated the proposed site is a good location due to being centrally located among nearby municipalities and joint venturing is being investigated. It was indicated the proximity of the railroad spur is an advantage which is not available in many cities. Consensus was to place this item on the consent agenda. Final Site Plan for Bennett Auto Sales located at US 19 and Seville Blvd., Sec. 17-29-16, M&B 33.03 & 33.04 (Bennett) (PLD-21) The City Commission authorized review of a final site plan by the Development Review Committee at its meeting of June 18, 1992, subject to preliminary conditions and approval by the Planning and Zoning Board. The Commission also requested review of the final site plan after the Development Review Committee's review. The Planning and Zoning Board approved the request for a conditional use to permit outdoor sales, displays and/or storage and vehicle service at its meeting of June 30, 1992, subject to 15 conditions. The Development Review Committee approved the final site plan June 25, 1992, subject to the conditions: 1) signs and fencing/walls are subject to separate review and processes; 2) FDOT approval of the ingress/egress from US19 as delineated on the preliminary site plan; 3) conditional use permit for outdoor retail sales, displays and/or storage and for vehicle service; and 4) prior to certification, a cross-access agreement shall be recorded. Jim Polatty stated, under a Land Development code provision, the applicant was allowed to begin operating as a car lot, having temporary outdoor displays and sales 30 days prior to obtaining the conditional use permit. Mr. Wright indicated this procedure gives the City the advantage of determining how a new business will impact the surrounding area prior to site plan approval. Mr. Polatty explained the proposal and indicated, in response to questions, the site is composed of two distinct lots, each in compliance with code. One lot is proposed to accommodate new car sales, the other used cars. In response to questions, Mr. Polatty stated Seville Boulevard is a private road, owned by Seville Condominiums, which is also used for mall access and circulation. He does not anticipate any problems as a result of the proximity of the new development to the residential units, which are separated by a brick wall and landscaping. Concern was expressed outside speakers are being used when one condition of approval prohibits this. Mr. Polatty stated the applicant is systematically working toward bringing the property into compliance with the code and all conditions. Housing Rehabilitation Funding Agreement with CNHS for use of Home funds (PLD-22) On March 5, 1992, the City Commission approved amendments to the Community Development Block Grant (CDBG) program to supplement CDBG funds with HOME, a new Federal funding source distributed under the Pinellas County Consortium which is composed of Pinellas County, Clearwater and Largo. This amendment reduced CDBG-funded owner-occupied housing rehabilitation funds, but substituted HOME funds, to increase total housing rehabilitation funding to $365,688. The CDBG and HOME programs provide funds for the City and Clearwater Neighborhood Housing Services to make loans to low and moderate income families. The Federal government recently issued procedures for drawing down funds under the HOME program. These regulations do not allow Federal funds to be requested in advance of need. Rehabilitation loans currently made by the City and CNHS result in the Client issuing a note and mortgage in favor of the City at the same time that the escrow account is created to fund the client's housing rehabilitation job. These escrows are funded by previous repayments into the revolving loan pool. Under HOME, there are no start-up funds available to create this revolving loan pool. Loan repayments will revert to a trust fund administered by the Consortium. Staff has determined that the most efficient way to fund HOME housing rehabilitation activities will be to finance the escrow established by the City and CNHS with City funds at the start of the rehabilitation project, and draw down funds to reimburse the City after the completion of the job, usually 60-120 days later. Because CNHS does not have adequate funds to create these escrow accounts, staff recommends that the commission authorize the drawdown of a maximum of $50,000 from the HUD HOME Rehab Loan Fund to create these escrow accounts. These funds will be retained by the City. Funds will be provided to CNHS in the amount of the specific loan being funded. These funds will remain with the City until a loan is made. This agreement requires CNHS to provide documentation to allow the City to be reimbursed through the HOME program. Reimbursement will be requested at the time the job is completed. Loans will generally be made on a deferred payment basis. Home revenues which are repaid by the homeowner must be reserved for housing in a trust fund. At such time as the trust fund accumulates adequate balances to fund construction escrows, if regulations permit, this agreement will be canceled. In response to questions, Mr. Polatty stated the City is basically the construction lender and Federal funds are allocated to the City for this purpose. Second Reading Ordinances Ord. #5138-91 - Land Use Plan Amendment to Public/Semi-Public for property located on W side of McMullen-Booth Rd., N of Countryside Sports Complex, Sec. 21-28-16, M&B 23.09 less the E 50', 3.8 acres (Bethel Lutheran Church LUP91-11) (SRO-1) To be continued. Ord. #5139-91 - P/SP Zoning for property located on W side of McMullen-Booth Rd., N of Countryside Sports Complex, Sec. 21-28-16, M&B 23.09 less the E 50', 3.8 acres (Bethel Lutheran Church A91-20) (SRO-2) To be continued. Ord. #5169-92 - Annexation for property located at SE corner of intersection of Drew St. and Hampton Rd., known as Island in the Sun Mobile Home Park, Sec. 17-29-16, M&B 12.01, 41.0 acres (Kennedy/Roberts/Brown A91-14) (SRO-3) To be continued. Ord. #5170-92 - Land Use Plan Amendment to Low Density Residential for property located at SE corner of intersection of Drew St. and Hampton Rd., known as Island in the Sun Mobile Home Park, Sec. 17-29-16, M&B 12.01, 41.0 acres (Kennedy/Roberts/Brown LUP91-15) (SRO-4) To be continued. Ord. #5171-92 - RPD-10 Zoning for property located at SE corner of intersection of Drew St. and Hampton Rd., known as Island in the Sun Mobile Home Park, Sec. 17-29-16, M&B 12.01, 41.0 acres (Kennedy/Roberts/Brown A91-14) (SRO-5) To be continued. It was stated the Tampa Tribune failed to advertise above second reading ordinances in a timely manner and these items will be continued at a later date. City Manager Verbal Reports Italian-American Club Festival by Ream Wilson The Italian American Club request for funding of the Discover America Celebration was discussed. Ream Wilson, Director of Parks and Recreation, indicated he believes the applicants want the City to waive costs amounting to approximately $10,000; however, have not submitted their application because they do not know how much of the cost the City is willing to sponsor. Mr. Wilson stated he normally meets with an applicant, gets a cost estimate and prepares an item to present to the Commission. In this case, the Commission direction is being sought regarding the length of the event, parade route and the amount available to be spent. Discussion ensued regarding the request. Majority consensus was that Mr. Wilson meet with the Club to discuss City co-sponsorship not to exceed $7500. Other Commission Action Commissioner Berfield questioned the date and location of the "Weekly Challenger". Staff was not familiar with this event and will investigate. Commissioner Fitzgerald - requested follow up to Police Chief Klien's letter regarding the Off Limits establishment issue. Commissioner Fitzgerald reported getting more calls regarding the condition of Clearwater Pass Bridge with litter being left by people fishing. The City Manager stated City crews are cleaning the bridge three times a week and alcoholic beverage citations are being written. One suggestion was hanging trash containers on the outside of the bridge. It was also suggested putting up additional signs. Staff will inform the Public Works department regarding these suggestions. Commissioner Fitzgerald requested clarification regarding a memo from the Planning and Development Department to Dave Healy. Deputy City Manager Rice stated the memo indicates staff will meet required schedules. Adjournment The meeting was adjourned at 5:25 p.m.