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03/29/1993 CITY COMMISSION WORK SESSION March 29, 1993 The City Commission of the City of Clearwater met at City Hall with the following members present: Rita Garvey Mayor/Commissioner Richard Fitzgerald Vice-Mayor/Commissioner Arthur X. Deegan Commissioner Fred A. Thomas Commissioner-elect Absent: Sue A. Berfield Commissioner Mayme Hodges Commissioner Also present were: Michael J. Wright City Manager Miles Lance Assistant City Attorney Cynthia E. Goudeau City Clerk The Mayor called the meeting to order at 9:09 and the following items were discussed. Discussion: Speed Limit Enforcement Police Chief Klein responded to concerns previously expressed regarding the ten mile per hour leeway given even where signs are posted stating strictly enforced speed limits. He stated the leeway gives guidance in police officers' discretion in to provide fair and impartial treatment in enforcing the law. There needs to be a tolerance to allow for equipment and human error. The Florida Highway Patrol allows 6-15 mph tolerance. Warnings are issued to those travelling up to 10 mph over the limit based on conditions including traffic, environment/weather, and whether a school zone. The Criminal Justice Coordinating Council commented that the court system would be inundated if the officer's did not have discretion. Officers are chastised by the courts for issuing speeding tickets 2-3 mph over the limit. A question was raised why strictly enforced signs are used when said enforcement does not occur. Cleveland Street was designated for said signage for the purpose of enforcing the speed limit strictly. Discussion ensued whether it was felt the speed limits are generally followed. It was stated even though the officer has the discretion, it does not guarantee anyone they will not get a ticket for speeding. Information was requested regarding what zones are given more and less tolerances. Chief Klein stated no tolerance is given in school zones. In response to a question regarding strict enforcement on Cleveland Street, he stated the patrol is enhanced two days per week. He stated the policy being followed is good, fair and workable. In response to questions, Chief Klein stated the practice of allowing no tolerance in a school zone is an unwritten policy. Traffic Enforcement Team guidelines are the same throughout the City. In response to a question why the Sand Key Bridge is designated a 15 mph zone, it was stated the engineers recommended either the reduced speed limit or close the bridge. It was requested speed limits be strictly enforced in school zones, on Memorial Causeway, Sand Key Bridge, and Cleveland Street from Stevenson's Creek through downtown. Stevenson's Creek Project - Phase II Review (PW)(WSO) Blake Gilrey, of Camp, Dresser, McKee Engineering, displayed a map depicting the flood basin in 1954. Blake Gilrey stated he has worked on this project with Joe Hickel, also of Camp Dresser, McKee, for approximately a year. They have run into some permitting difficulties and have gone back and revisited some of the alternatives available on this project. He displayed a map depicting the Stevenson Creek basin as it was in 1954, pointing out Cleveland Street and Court Street on up to Rice Lake. The orange outlined areas are identified as experiencing flooding today, the east and west branches being the Betty Lane and Barry/Jeffords Street areas, and the area near Rice Lake. Two of the areas are those where there is a confluence of two channels. Two important points are 1) the creek is not in the same exact channel in a couple locations and 2) the creek in 1954 was a broad shallow wetland type conveyance system as opposed to the way it is today which is a definite channel. He stated the creek has changed quite a bit in the past 30 years. In response to a question regarding whether the changes were caused by man, Mr. Gilrey stated it is due to development. Mr. Gilrey displayed a map of the creek as it is today, reviewing the status of the project. The current plan for Phase 2, which begins at Pierce Street and moves south to Court Street, is a widening of the channel with no hardlining and no concrete proposed throughout this section. It will be wider with more gradual slopes. The improvements slated for the Glen Oaks Golf course area, beginning at Court and moving on to Druid, include the mitigation area for which several alternatives have been worked out. This will have to be worked out with the golf course and the permitting agencies. Linn Lake begins at Druid Road. The weir at Druid will be moved to Court Street extending the lake to that point through a widened channel lake system. Maintenance excavation of Druid Road is needed to control the depth of the lake, which has built up over the years with sediment. Proceeding toward Evergreen Street, the project calls for a large (approx. 8 ft. x 8 ft.) double box culvert system underneath Jeffords Street down to Hillcrest Avenue. A small culvert exists there now. In this area, the lake becomes a creek behind the houses. Bridges are being replaced with culverts. Up to this point comprises Phase A of Phase 2 including culverts at Pierce, Franklin, Court and Druid; grass channels, Betty Lane reconstruction, dredging Linn Lake, buying two homes at Druid and mitigation with the golf course. A difference in the plan starts at Evergreen. Beginning at Jeffords and moving down from Hillcrest to Lakeview, plans are to hardline and channel with vertical concrete walls. There are 22 large trees on either side of the creek at that point which would be lost if the conveyance of this section of the channel were increased. In addition, one of the streets would most probably be lost which would mean displacement of the people that live on either side of Hillcrest. Beginning at Lakeview on to Rice Lake/St. Thomas the use of form concrete plank is currently planned. This comprises Phase B of Phase 2 current plan which includes culverts at Jeffords, rowning, Bellevue and St. Thomas; and concrete channels. This process will alleviate the flooding, of which four homes in this area are currently experiencing. In addition, the concrete channel would have less maintenance and better erosion control. The current plan, as designed from beginning to end, is estimated at $6,186,000. There are three alternatives for Phase A: 1) the current plan previously described, 2) buy property south of Lakeview instead of the channel construction, and 3) extend Linn Lake at Jeffords Street and purchase property south of Lakeview. The purchase of property should be handled with the City taking a willing buyer approach, not condemning. The City Manager suggested buying homes may be the cheaper and more permittable alternative than originally proposed. Commissioner-elect Thomas questioned whether the City has any legal responsibility to the owners of the four homes that flood. The City Manager stated he doesn't think so; however, there is the possibility of being sued for allowing overdevelopment of the area. Commissioner Thomas stated he objects to hardlining creekbeds. Mr. Gilrey stated the difference between alternative 1 and 2 is, essentially, alternative 1 is going ahead with the box culvert system and buying four homes; alt 2 is not building this box culvert system and extending Linn Lake all the way to Hillcrest which would require the purchase of 13 homes in this area for the extension of the lake. The difference in the two is about $300,000 that could be saved by buying the homes, based on willing buyer approach, which is 125% of assessed value. The City Manager stated if less concrete is used, homes would have to be purchased, which appears to be cheaper, but takes longer. He stated it may take another flood to get willing sellers. The City does not desire to purchase through condemnation. He recommends phase 1 be completed up to Evergreen with the exception of mitigation for the golf course. He questioned whether a decision was made to proceed with that now or wait for phase B. Mr. Blake responded at least the permitting would have to do be handled now. The City Manager suggested permitting everything we are going to do, but constructing only part of it at this time; then pursue acquisition of needed properties. He also stated hardlining one section of Hillcrest would be necessary to get any kind of volume through. Commissioner-elect Thomas questioned what the results would be if the hardlining was not done, and Mr. Blake stated you would not get as much water through as needed. He stated flooding in the area would continue. In response to a question regarding how frequently homes on this creek flood, Bill Baker stated in the 25 year storms, more than 70 homes had water in them in May 1979, July 1987, August 1988 and September 1988. In the 100 year storms, of which we had two in the last ten years, water gets into 88 homes. The original project design was for 25 year storms, which means if as much as nine inches of rain was received in a 24 hour period, all the water would be contained in the channel. The amended project is an attempt to do less. The amended project will not contain the flooding; flooding will still occur in the yards and streets, and erosion will continue. In response to a statement regarding the debris blocking water flow in the culverts, Mr. Baker stated that issue was looked at by staff, DER and DOT, and it was determined they could not carry the amount of water necessary if kept completely clean. The box culvert will help alleviate the problem. Commissioner-elect Thomas questioned whether the different municipalities who have responsibility for parts of the creek are working in a cooperative and coordinated effort in how to handle the problem. The City Manager stated the City has proposed an upper Pinellas study be done which includes all the creeks that flow in and out of upper Pinellas municipalities, but not the whole north county. We were the instigating force for bringing in neighborhood jurisdiction. He stated a cooperative effort is being coordinated through SWFWMD as the major funding source. Commissioner Deegan questioned the status of the stormwater management plan, stating the stormwater utility was formed three years ago with primary purpose to collect money for an overall plan. He questioned how Stevenson's Creek fits into the plan. The City Manager stated the plan is not completed, and that this project is out in front of the regional plan. The Stevenson's Creek project was begun in 1989. Commissioner-elect Thomas questioned whether it would be best to bring all the entities involved to the table before making a decision. The City Manager stated this is being worked on, and the Commission does not have to make a decision now. Commissioner Fitzgerald stated he has worked on this project for five years, responding to the flooding problems of the residents. Stormwater management came later. He felt it all has to come together in a coordinated effort, even if it means the possibility of more flooding. The City Manager stated this will go before the environmental committee in a couple weeks and work its way back to the Commission for a decision. Approval of payment of past workers compensation benefits to Michael LaFollette, City Retiree, in the amount of $38,482 which covers wage loss for the period 9/8/90-2/20/93 and authorization of payment of wage loss benefits with offset against the City pension as required by law (AS) On February 24, 1989, claimant, while trying to apprehend a robbery suspect, suffered a rupture of the left calf muscle. As a result of this work related injury, the claimant was unable to return to his regular duties as a law enforcement officer and was granted a job-connected disability pension effective September 8, 1990. Under the state of affairs existing prior to the decision of the Florida Supreme Court in Barragan v. City of Miami, 545 So. 2nd 2523 (1989), the City of Clearwater did not pay both workers' compensation and pension benefits because the City relied on Section 2.410 of the Clearwater City Code which provided "Except where an employee is receiving medical payments, no employee shall receive any pension provided under this division while such employee is receiving benefits from the workers' compensation act". The decision in Barragan has caused the City to change its position. The Barragan case holds that an employer may not offset workers' compensation payments against an employee's pension benefits except to the extent that the total of the two exceeds the employee's average monthly wage. Thereafter, in the later case of City of Miami v. Burnett, 596 So. 2d 478 (1992), the District Court of Appeal (First District of Florida) held the Barragan case is retroactive to cases as far back as July 1, 1973. Prior to the Barragan case, the City's third party administrators would stop paying worker's compensation benefits as soon as notice was received from the City that a City employee retired on a job-connected disability pension. Presently, as new claims are being asserted for past due benefits, these claims are being reviewed in light of the Barragan and Burnett decisions and other applicable court decisions. Where appropriate, both workers' compensation benefits and pension benefits are now being paid to former City employees who have previously retired on job-connected disabilities. The claim of Michael LaFollette is one of the new claims for past due benefits that has been asserted by Attorney William Yanger on behalf of Michael LaFollette. Since the old workers' compensation claim of Mr. LaFollette was handled by Gallagher Bassett Services, Inc., the adjustor for Gallagher Bassett is handling this claim. The City's claims committee has reviewed this case and refers the matter to the commission because the amount needed to pay the claim exceeds the authority of the claims committee. The recommendation of the City's claims committee is that the commission authorize payment from the City's Central Insurance Fund of the sum requested. In response to a question regarding cases going back to 1973, Leo Schrader, Risk Manager, stated there are 82 prospective cases; however, some of the people would already be working, and the required job search would possibly eliminate others. In response to questions, it was stated the employee is considered 100% disabled since the City definition does not distinguish between partial and 100% disability. This policy can only be changed through bargaining and referendum. Approval of request of The Homeless Emergency Project, Inc., for forgiveness of $4,832 balance due on a 1989 loan for transportation impact fees; and authorization of repayment of this amount to the Special Development Fund from the Affordable Housing Fund (AS) On November 21, 1989, the City entered into an agreement with the Homeless Emergency Project, Inc. to loan them $4,932 to cover transportation impact fees on a parcel of land located at 1260 Engman Street, used for providing temporary shelter for homeless people in Clearwater and Pinellas County. This loan, from the Special Development Fund, was originally structured for a five year payback, at no interest. A single payment of $100 was received from the project on November 19, 1990, leaving the current balance at $4,832. Also in 1989, the City established an Affordable Housing Fund (Special Program Fund Project) to provide for payment of Water and Sewer impact fees for organizations which meet specific criteria, all of which are met by the Homeless Emergency Project. This fund currently has an available balance of $50,549. Even though this fund, as established, specifically excludes transportation impact fees (presumably because 50% are allocable to Pinellas County), the City Commission has, on at least one prior occasion, waived this restriction and used this fund to pay transportation impact fees. On October 17, 1991, the City Commission approved the use of Affordable Housing Funds to pay transportation impact fees for Gateway Children's Shelter. It was recommended the City adjust how they loan money; they should either give the money to an organization or, if not a gift, expect to be paid back. First Reading Ord. #5355-93 - authorizing issuance of Water and Sewer Revenue Bonds, not to exceed $57,000, for the sole purpose of refunding the City's currently outstanding Water and Sewer Revenue Bonds, series 1988A and 1988B (AS) In 1988, the City undertook a significant effort to upgrade all three of its wastewater treatment plants to bring them into compliance with federal EPA requirements. The money for this project was obtained by selling Water and Sewer Revenue Bonds, Series 1988A and 1988B, which together provided $49,000,000 of construction proceeds for the required treatment plant upgrades, together with $3,000,000 of debt service reserves. The 1988A bonds were sold at an average yield (interest rate) of 7.3%, and the subsequent 1988B bonds were sold at an average yield of 6.9%. Because current, similar bonds are being sold at an average yield of 5.1%, the City's financial advisor and underwriter are recommending that we refund (refinance) the outstanding bonds to capitalize on the current favorable interest rates. The situation is similar to that of the homeowner who refinances his home mortgage. If the new interest rates are low enough, the savings in future interest payments can more than offset the costs of undertaking the financing. The proposed refunding will reduce the annual debt service requirement by about $112,000 per year, with a total savings of $2,891,250 over the life of the issue. The underwriter estimates that the present value of the reduction in debt service is approximately $1,539,614. It should be noted, however, that even though the debt service will certainly be reduced, there is the possibility the City may lose some interest earned on moneys that are required to be set aside to protect the bond holders, commonly known as debt service reserve funds (DSRF). IRS arbitrage regulations prohibit municipalities from earning more on the DSRF than the yield on the related bond issue. As a result of the refunding, the existing DSRF from both the 1988A and 1988B would become part of the new DSRF for the 1993 bonds, and therefore yield restricted to a lower rate. If rates stay relatively constant this lower restriction has minimal impact. If, however, investment rates rise again in the near future, the potential lost interest becomes more significant. Given approval of the ordinance, the City's plan is to "pre market" the bonds on April 13th and/or April 14th. The financial advisor and the underwriter will work closely together to assure the best possible price given current market conditions on the date chosen. Sale of the bonds to the underwriter will be approved by separate resolution on April 15th, following second reading and final adoption of the authorizing ordinance. Staff is pleased to be able to provide the City this opportunity to significantly reduce the debt service burden on the Water and Sewer System and recommends approval of Ordinance #5355-93. Dan Deignan introduced Bonnie Wise of Raymond James and Associates, Financial Advisor, Kevin Schyler of Smith Barney, underwriter marketing the bonds, and Mike Price, special projects accountant working on the bond issue. Mr. Deignan stated with interest rates now sufficiently lower than the original rate, more money can be saved. He stated the transaction would be cost effective, with actual savings of $2.8 million. In response to a question, Mr. Deignan stated the $2.8 million is total savings over the life of the issue; $1.6 million is present value of savings. Mr. Deignan stated a debt service reserve fund, usually equal to one year's debt service, is set aside every time you do a bond issue and placed in escrow for the protection of the bond holders. This is something the market has come to anticipate and expect, and you can not sell bonds without it. Mr. Deignan stated in 1986 the IRS said you are not allowed to earn more when you invest that debt service reserve than the interest rate you are paying on the bonds; prior to 1986 you could borrow money at 6% and invest the debt service reserve at 8%, and you could keep the 2% differential, it was a legal arbitrage profit. You can no longer do that; if you make more on the debt service reserve than you are paying on the bonds, the excess has to be rebated back to the federal government. Mr. Deignan stated we are taking two piles of money which are currently yield restricted at 7.3% and 6.8%; we are going to yield restrict them to 5.11%. In today's market environment, if rates don't change, that won't cost us very much; if anything, a worst case scenario, a loss of earnings on the debt service reserve could be $1,787,311 (remotely possible with dramatic rise in interest rates). The good news is, there is a guaranteed savings of $2.8 million over the life of the issue. No matter what happens, there will still be a gross savings of over $1 million with a present of value of $570,000. A question was raised regarding whether inflation was taken into account to calculate the worst and best case scenarios. Also a concern was expressed regarding the transaction cost being greater than the worst case scenario. It was stated the City would save $600,000 at worst, and almost $2.9 million at best. The savings is net as the $742,000 cost has already been factored in. If the costs are reduced, the savings will be greater. Bonnie Wise stated there are four components of the underwriters discount. The biggest component is the takedown: the sales credit that goes to the underwriters to sell the bonds, which varies by maturity. When the final numbers are presented, the sales credit and management fees will be broken down for comparison to the interest rates they will offer on the bonds. If you don't pay the underwriters enough, they are not going to push as hard to get the interest rate low, and you will pay for that over 25 years. In response to a question whether it would be reasonable to expect a 50% reduction in the cost, Ms. Wise stated it would not. The underwriter's discount is going to be in the .8% range as opposed to the 1%. Mr. Deignan stated $ 53 million is a lot of bonds, and they will be sold throughout the country. Smith Barney's brokers everywhere in the country will be trying to market the bonds, and if a broker in Seattle markets the bond, a portion of that commission goes to that broker; not all of this money goes to the local firm. Commissioner-elect Thomas stated he felt the market was stronger at the buyer level for tax free municipals. He felt if the transaction is made, the City should pressure for lower costs. Ms. Wise stated when price negotiating begins, Smith Barney will be battling to get the best underwriter's discount and the lowest interest rates for the City. In response to Commissioner-elect Thomas's concern regarding the current request for approval of 1%, Mr. Deignan stated final approval requires two actions by the Commission: 1) second reading of the ordinance authorizing sale of the bonds, and 2) adopting a resolution which will have the final numbers spelled out, including final underwriters' discount, final cost of issuance, final interest rate, and final net savings. No official sale takes place until this final authorization. Ms. Wise stated a minimum savings level could be set and, if it is not above that, the Commission could give direction to wait until the market moves again. Commissioner-elect Thomas expressed concern regarding the City being limited to how much money it can make. Mr. Deignan stated 20 basis points have been added to the underwriter's projected interest rates in order to present conservatives numbers, hopeful that the $570,000 is a low guaranteed savings number. The City Manager stated the Commission is being asked to go forward at this point to initiate the process. Purchase of one 1993 Ford Taurus sedan from Duval Ford, Jacksonville, FL, for $11,768 (GS) This purchase consists of one 1993 Ford Taurus replacement sedan for the Planning and Development Department. This vehicle replaces unit number 1430.1 which is used by the Building Inspection Division in performing City-wide inspectional services. This replacement purchase was approved by the City Commission during its 1992/93 budget hearing meetings and is listed on the approved vehicle replacement list. In response to questions, it was stated the state contract is bid in advance based on an estimated number of vehicles needed. The bid list is available to all dealers. We do not contact the individual local dealers to allow them to meet a bid price. Discussion ensued regarding the current quote and bidding process. It was suggested the City needs to create a positive attitude to the business community by offering the opportunity to supply the City's needs. It was stated the City has a "no local preference rule". It was also stated the City code requires everything over $10,000 to go to bid; purchases under $10,000 requires a minimum number of quotes from vendors. Purchase of heating, ventilating and air conditioning filter replacement service from The Dean Company, Clearwater, FL, for $11,950.85 (GS) The Building and Maintenance Division maintains 58 facilities requiring the monthly replacement of 711 filters for the various hearing, ventilating and air conditioning systems. Due to the recent rightsizing of the General Services Department, the City's increased preventative maintenance program, and compliance with the Americans with Disabilities Act, this division can no longer effectively maintain the filter replacement program. Therefore, bids were solicited and received for privatizing this service. After evaluating the bids, the low bid of $11,950.85 was compared to the starting salary of a Tradesworker I, $18,584.28. Rather than hiring an additional employee to perform this task, staff recommends hat the City privatize this program and purchase this service from The Dean Company. In response to a question regarding the Tradesworker position, it was stated the filter replacement was the position's main task with other duties as needed. The division which incorporated this position was disbanded in the past year, and the position reassigned. Commissioner-elect Thomas suggested it should be policy to eliminate a position if the job gets contracted out. Purchase of one beach refuse collection system from The Broyhill Manufacturing Co., Dakota City, NE, for $73,565.09; financing to be provided under City's master lease-purchase agreement with AT&T Credit Corp. (GS) Bids were solicited and The Broyhill Manufacturing Company was the only vendor responding since they are the only vendor to offer this project. This unit will replace a 1986 Broyhill Beach Collection Unit. The replacement of this unit was approved by the City Commission during its 1992/93 budget hearing meetings. In response to a question whether the unit picks up and empties the trash receptacles, it was stated that is how it works, and that it does the work of three or four people. Purchase of four 1993 Ford Crown Victoria sedans with police package from Don Reid Ford, Inc., Maitland, FL, for a total of $53,168; financing to be provided under City's master lease-purchase agreement with AT&T Credit Corp. (GS) This purchase consists of four replacement sedans for the Police and Fire Departments. One sedan will be used by Fire Prevention/Inspection personnel performing fire code inspections throughout the City. The other three sedans will be used by the Police Chief, Deputy Police Chief, and Deputy Chief of EMS in the performance of their duties in the field. The replacement purchase was approved by the City Commission during its 1992/93 budget hearing meetings. In response to a question whether this is the same dealership as the purchase of the Ford Taurus, it was stated it is not. A request was made to focus on using businesses in Clearwater. It was also requested the bid process be thoroughly researched. Declare as surplus & approve sale of Library's Doll Collection with receipts to be used to purchase children's library materials; permit the Greater Clearwater Public Library Foundation to sell other collectibles with proceeds to be used for library purposes (LIB) The Library wants to declare as surplus a collection of 413 dolls which was donated to the Library 53 years ago. Permission is requested to sell the collection on consignment through a doll dealer, with proceeds used to purchase children's library materials. The collection has been appraised at $15,152.00 Permission is also requested for the Greater Clearwater Public Library Foundation to dispose of collectibles which are with this and other collections which have been donated to the Library over the years. The miscellaneous items which have been stored in the Library for years include fans, shoes, pictures, shells, statues, plaques, and other memorabilia. The Library frequently becomes the City's attic. The Foundation holds an annual auction which can dispose of these gifts and the funds will be used for Library acquisitions. Excess books which are donated to the Library and cannot be used in the collection are sold through the Friends of the Library Bookstore and Sale, with proceeds used for Library purposes. Granting the Foundation permission to sell the "things" which are donated to the Library would be consistent with current policy. Arlita Hallam, Library Director, stated they cannot locate the last heir and there has been no contact with a family member in 53 years. In response to questions, she stated the collection, which the appraiser felt did not have much value as a whole, consists mostly of tourist type dolls. The collection is tagged and catalogued. It was suggested a second appraisal be acquired, with the recommendation that Southerbys, in New York, be contacted. Concern was expressed regarding the request for authorization to sell other collectibles, and whether it would be considered a carte blanche authorization. Concern was also expressed that the wishes of the donors not be violated. In response to a question regarding what other items there are, it was stated the collection consists of travel souvenirs including fans, shoes, beads, books, and postcards. In response to a question whether the Library can turn down donations, it was stated they do not accept any donations with handling requirements. Contract for installation of a Sports Lighting System for courts 1-8 at McMullen Park Tennis Complex to Florida Electrical Service, Largo, FL, for $61,436 (PR) The eight tennis courts were constructed approximately 17 years ago and constituted the first of two phases in the construction of the complex. Currently, the complex has a total of 17 courts. At the time of construction, a fluorescent lighting system was installed on these eight courts and the system is now in need of replacement. The new system will consist of 44 fixtures installed on six light poles at a height of 60 feet. The contract will also cover the cost of wiring to accommodate the system up to and including all connections at the service panel. The service panel and wiring connections to the office building and the removal of the existing fluorescent system will be accomplished by the City's Electrical Services Section at a cost of approximately $10,000. Bids were solicited from 13 vendors, with only two bids being received. These two bids were from contractors who have had previous experience installing sports lighting systems and staff recommends that the contract be awarded to the low bidder. In response to a question regarding the impact of the new lighting on the neighboring properties, Ream Wilson, Parks and Recreation Director, stated the bulbs are taller and designed to have little spillover. The residences are far away and he does not expect there will be any complaints. Contract for 1993 Insituform Repair - various locations to Insituform Southeast Inc., Jacksonville, FL, for $158,885.75 (PW) This project consists of the rehabilitation of four sanitary sewer gravity mains, two storm culverts and one sanitary sewer force main using the Insituform process. The Insituform process is a patented and franchised process for the restoration of existing pipes by the insituformation of a new pipe within the old pipe and normally does not require excavation. An epoxy impregnated polyester felt fabric pipe is inverted by water pressure within the old pipe and heat cured in place against the inside wall of the old pipe. The finished product is similar to the application of fiberglass. In response to a question regarding the inside diameter, William Baker, Public Works Director, stated it will be reduced but the flow characteristics will be increased. Also, no excavation is required. In response to questions regarding the processes available, he stated another concept is the slip-through process which requires more excavation. The per foot cost is more expensive for insituform, however, restoration costs for slip-through are higher. Neighborhood disturbance is another factor in the process used. Mr. Baker stated insituform is the only method for getting through the seawall without permitting from the Department of Natural Resources. Contract for misc. laboratory analyses of potable water to Haines Laboratory, Clearwater, FL, for the period 4/1/93-3/31/94 at a total est. $15,839 (PW) All water suppliers are required to have miscellaneous water quality analyses performed on potable water supplies by approved laboratories in compliance with revisions to the Safe Drinking Water Act. The analyses included in the recommended contract include all those anticipated for the balance of calendar year 1993 and the first quarter 1994. The recommended vendor, Haines Laboratory, submitted the lowest bid for this service and is a local laboratory that has been used extensively in the past. Their service has always been excellent and their location has proven very convenient for the handling of samples and paperwork. In response to a question whether other laboratories in the City were asked to bid, the Public Works Director stated this type of analyses is specialty work. ITEM - Emergency repairs re Leverocks The Public Works Director stated a 16" force main rupture occurred at Leverocks requiring an emergency repair. The repair was made at an estimated cost of $30,000. The City Manager stated an item requesting approval will be forthcoming. Alcoholic Beverage Separation Distance Variance for property (Rocky's Pub) located at 18425 US19N, Levitz Plaza Shopping Center (f/k/a Grant's Plaza), Sec. 20-29-16, M&B 33.02 & 33.021 (Home Shopping Network Realty, Inc. AB93-06)(PLD) The applicant is requesting a variance of 200 feet to permit a 2-COP alcoholic beverage establishment (Rocky's Pub) to be located zero feet from a similarly licensed establishment within Grants Plaza Shopping Center. The subject establishment is under new ownership and has a new alcoholic beverage license. No previous separation distance variance has been approved for this site. The property is within the area now zoned Commercial Center (CC) district. No additional parking spaces are needed. The police department comments indicate that no problem is expected. The applicant's request for a conditional use permit was approved by the Planning and Zoning Board on March 16, 1993 subject to: 1) the requisite occupational license shall be obtained within 6 months of the date of this public hearing; 2) the sale of alcoholic beverage shall be limited to consumption on premises only with no package sales; and 3) the applicant shall obtain the requisite separation variance approval from the City Commission. Staff finds that all eight standards for variance approval are met. Discussion ensued regarding review of the alcohol permitting process. The City Manager stated staff hopes to bring this to the City Commission in 30 to 60 days. It was stated they also want to re-examine the standards for granting the variance. It was requested the Commission review the process in depth as soon as possible. Public Hearing re: Development Agreement for property located at 2495 Gulf-to-Bay Blvd., Sec. 18-29-16, M&B 42.01, 42.02, 42.08 & 42.09 (Murray Sorin and Sorin Realty Corp.)(PLD) The proposed development agreement involves 14.2 acres of property located on the south side of Gulf to Bay Boulevard, just to the west of the Old Coachman Road intersection. The applicant is proposing to develop this property with a large retail center/shopping center containing 120,055 square feet, along with two outparcels containing approximately one acre in area. Each proposed outparcel is to be developed with a single 10,000 square foot building. The applicant is pursuing the development agreement in order to provide some assurance that he will be able to develop his property given City and state concurrency regulations. State Road 60 is nearing its capacity, as determined by the City's concurrency requirements. Our concurrency system establishes a level of service (LOS) for each road in the City. This LOS is measured in terms of peak hour traffic volume; once a certain traffic volume is exceeded, only developments generating minimal amounts of added traffic (defined in the code as "de minimis" traffic volumes) will be allowed to be constructed. In estimating traffic volumes anticipated from various types of land uses, the City staff uses technical trip generation estimates, including information recently developed by the local Metropolitan Planning Organization (MPO) to establish local transportation impact fees. According to the City Transportation Group, if all trips from the proposed Sorin development were distributed only on SR 60, the road would have virtually no excess capacity. While not all the trips will be distributed on SR 60, a significant portion will be, making it unlikely that any significant new developments will be able to be constructed until capacity improvements occur. De minimis developments and redevelopments like Sam's Club, which create minimal net traffic increases, would still be allowed. The capacity problems on SR 60 should be relieved by the proposed improvements to Drew Street, so the time frame for restrictions on major new developments should be fairly short term. Major new developments on SR 60 are unlikely anyway due to the lack of available land. It should be noted that the Park Place DRI, the only significant area of vacant land on SR 60, is vested and will not be affected by any capacity restrictions. The development agreement has been revised through staff negotiations with the applicant to include provisions for: - A 10 year period of duration (consistent with state law) upon approval of a corresponding amendment to the City code; and - No refunding of transportation impact fees in the event the development is never constructed. Staff notes that there are several inconsistencies between the concept plan and City and outside agency development requirements, including access (number of driveways onto SR 60), parking (some parking spaces are shown on the adjoining Florida Power right-of-way, but nothing has been presented to indicate approval of this arrangement by Florida Power), and required open space. These are issues to be addressed during site plan review, as the development agreement only formally approves a type of use and a specific amount of floor area. The City Attorney has reviewed the proposed development agreement and finds it meets the legal and code requirements for such agreements. The Traffic Engineer has reviewed the agreements' proposed method of handling traffic impact fees, and feels this agreement meets the fee payment requirements. The City Manager has reviewed the development agreement and has authorized it to proceed forward with a recommendation of approval. On March 16, 1993, the Planning and Zoning Board held a public hearing on the development agreement and unanimously recommended the agreement be approved. Commissioner-elect Thomas questioned whether this will tie up the majority of the capacity on SR 60. Jim Polatty, Planning and Development Director stated it will at this location stating during negotiations, the capacity has come and gone on Gulf to Bay. When they first came in with the proposed development, there was plenty of capacity; as new traffic counts are taken, it changes. Right now the capacity exists; the Traffic Engineer has looked at it and submitted his approval. Mr. Polatty stated he is hesitant to say what will happen in another 2-3 years on Gulf to Bay. Another reason staff feels good about recommending this development is that it is the last significant large vacant undeveloped piece of property along Gulf to Bay. He stated when you develop a piece of property under current standards, you can assume what you see on a site in a traffic sense now can be replaced with an equal amount of development. Commissioner Deegan questioned the inference that SAMS Club is not going to impact traffic more than Jersey Jim's, the previous occupant. Mr. Polatty stated the property is credited based on the amount of buildings and generators, and that credit was applied against what is proposed at SAMS. He stated there will be an increase in the volume of cars. It was stated the traffic generation is calculated on size and kind of business, not how successful a business is. Mr. Polatty stated there will be more actual roadside traffic but pursuant to code, you have to look at the maximum for the site. Commissioner-elect Thomas questioned whether consideration was given regarding what additional traffic is going to come from SAMS, and 2) whether anyone has gone to a SAMS location to observe the traffic impact on those locations, and if there is any relationship to the traffic that was created by those existing locations to what is factored into this plan. He stated there is historical data on the table that could be acquired from SAMS regarding how many cars have been added to a SAMS location, and an average customer count. Kathy Rice, Deputy City Manager, stated she would get an answer from Traffic Engineering whether such data was taken into account. Commissioner-elect Thomas also questioned the recommendation to change the timetable from five to ten years, allowing the owner to pay the impact fee in advance in order to accomplish freezing of this project for ten years, rather than five. He questioned whether the City would possibly be giving up revenue if the impact fee is paid up front and inflation over the next ten years would have increased the fee. In response to a question, Mr. Polatty stated state law was amended a couple years ago to allow ten year development agreements, but it is not mandatory. Commissioner Deegan felt the agreement should not go forward until further discussion of the ordinance changing the duration of development agreements. He questioned whether the amendments to the agreement as noted included all those previously discussed. He requested that an item coming back with changes, as directed by the Commission, make reference to those requested changes in the background of the item. Commissioner Deegan also questioned whether the number of openings onto the road was determined. Mr. Polatty stated the 3rd to last paragraph cites several problems on the conceptual site plan, one of which is the number of access cuts. Under section 2, they are agreeing to meet all the land development code requirements, and policies and procedures that ill be in place at time of development. This plan is being used to determine the number of trips that will be generated, giving only a indication of what will be built there. In response to a question regarding what happen next, Mayor Garvey stated a public hearing will be held to receive staff and public input. (Cont. from 3/18/93) Second Reading Ord. #5287-92 - Final Site Plan and amendment to CPD Zoning for property located at 2201 Sunset Point Rd., Sec. 6-29-16, M&B 32.01 and portion of vacated Pinellas Groves easement in Sec. 1-29-15, approx 1.24 ac. (Sun Bank of Tampa Bay Z92-08)(PLD) At the January 21, 1993 meeting, the City Commission approved on second reading the ordinance amending the Future Land Use Plan from Limited Office to Commercial/Tourist Facilities, but continued the rezoning ordinance (5287-92) to enable the applicant to modify the site plan. On January 14, 1993, the Development Code Adjustment Board denied the applicant's request for a parking variance. The applicant chose to reduce the size of his retail sales building, and has revised the site plan accordingly. The final site plan provides the parking required by the Land Development Code. Section 44.51(4)(i) of the sign regulations empowers the City Commission to determine the signage allowed for Commercial and Industrial Planned Developments consistent with surrounding zoning and land uses. Review of surrounding zoning indicates the subject property has RPD (County) Development zoning to the north, CPD (City) zoning to the northeast, OPD (City) Development zoning to the east, Limited Industrial (City) zoning to the south and C-2/General Commercial (County) zoning to the west. Given these surrounding zoning classifications and allowable sign sizes, staff would recommend applying the General Commercial district signage requirements to the subject property. This would allow the property the same freestanding signage as the restaurant directly to the south of the property and the CPD development diagonally across Belcher Road from the property - 64 square feet for each frontage. This would also allow up to 64 square feet of attached signs for each frontage (the same as allowed in the IL zone for the restaurant). This signage recommendation is also consistent with the freestanding signage allowed for all CPD zoned properties prior to the September 1992 code changes. The applicant's request has been in the review process prior to the sign code amendments taking effect. Michael Wright, City Manager, explaining the process, stated normally a zoning district will have specified signage and written in the code. The planned districts - whether commercial, residential, or industrial, are an exception to the rule. This corner of Belcher and Sunset is a Planned Development District for which the Commission decides the appropriate signage. In response to a question, he stated this does not set a precedent. Jim Polatty, Planning and Development Director, read what the code specifies regarding planned developments, which incorporates taking the surrounding land uses into effect when determining signage. In response to a question regarding what is being requested, he stated 64 square feet. COMMISSION DISCUSSION ITEMS Proposal to have work products to Commission two weeks prior to any discussion by the Commission on the matters Commissioner Thomas has asked the city Commission to consider a rule that no work be discussed by the City Commission without the Commission having the work product for two weeks. In response to a question why he needed the additional time, he stated the data supplied is not precise causing field research, and he wants to get second opinions. A concern was expressed that the packets will overlap. Consensus was that the preliminary agenda packet of the next work session be provided the day of the current regular meeting, beginning with the first meeting in May. Florida Pedacruze Inc. - scope & reason for being on Clearwater Beach Thomas R. Farrar, President of Florida Pedacruze Inc., requested approval of pedashaw licensing. A pedashaw is a pedal driven carriage and is further described as a safe, simple, exciting and educational way to travel. A proposal submitted by Florida Pedacruze Inc. cited reasons for desiring to operate the pedashaw on Clearwater Beach. The demographics include a large number of residents, hotel/motel operations, restaurants, and shops, aside from the fact that it is the #1 tourist state in the U.S. Benefits to the area are proposed as promoting business, advertising, fun for the people, add jobs, and aid law enforcement officials regarding traffic and DUI drivers. Kathy Rice, Deputy City Manager, stated the City does not have any regulations specific to this type of business. Staff feels this would be a good opportunity to review the existing public conveyance and taxicab ordinances. She felt there are a lot of existing regulations that aren't necessarily needed. It is felt the two codes can be combined, adding a section on pedashaws that would meet with traffic engineering and other requirements. Ms. Rice requested Commission direction before proceeding. Mayor Garvey questioned whether or not the pedashaw was desirable for Clearwater Beach. In response to question, Ms. Rice stated staff was not able to acquire much information on this particular business from St. Petersburg except they no longer have an occupational license. Staff would like to look at the issue of pedashaws across the state and possibly the country. Commissioner Deegan questioned how this request for licensing is different from any other person going into business, citing the usual requirements of an occupational license and following traffic laws. Ms. Rice stated there are some city laws that don't allow this; there is no allowance for this type of vehicle as a public conveyance which is the classification it falls under if transporting people for a fee. She felt the entire public conveyance laws need to be reviewed since this has not been done in a long time. In response to a concern expressed regarding the difficulty in acquiring City of Clearwater licensing in this area, Ms. Rice stated that's why staff wants to review the laws. Mayor Garvey expressed concern whether this business would be good for the beach, citing the already busy streets and slow traffic. Commissioner-elect Thomas felt the people on the beach should look at it before it comes back to the Commission. He stated the beach organization is very effective and felt there should be a town meeting for all the beach businesses and residents to discuss the issue. In response to questions, Ms. Rice stated this business has not been in operation for several years and they do not have a current occupational license according to City of St. Petersburg personnel. That does not mean that he is not legitimately in business or had problems. Consensus was to go back and review the public conveyance and taxicab ordinances. Chamber Beach Welcome Center Elizabeth Deptula, Assistant City Manager, stated the Beach Chamber has been located in the Civic Center for 15 years and cannot renew their lease without the City putting it out for bid. She recommended the lease be amended to limit the allowed use of the space. Commissioner-elect Thomas submitted a proposal for a new Jolly Trolley system, part of which is to use the space as business office for the management of the trolley, as well as a welcome center. He stated the Clearwater Beach Association may be interested in operating and keeping a welcome center open seven days a week. He requested this be discussed at the next work session. He recommended in the meantime that the current lease be continued on a month to month basis. Consensus was that no action be taken for two weeks. Sembler offer to purchase Countryside police pistol range The Sembler Company has offered to purchase City property located at the northeast corner of S.R. 580 and McMullen Booth Road. The 10 acre parcel, for which they have offered $1,306,800 ($3.00/square foot), is part of a 17 acre site. Their plans are to develop the property into a strip shopping center. The City would have to relocate the pistol range and the police station currently on the site. The biggest concern being to where the pistol range could be relocated. The police station is a small building and easily relocatable. Opposition to the commercialization of that corner is anticipated from Safety Harbor . Mayor Garvey questioned whether 1) it is a good location for the police department and, if not, 2) do we want commercial development on that corner. She felt the offer was not worthwhile for the City. Discussion ensued regarding whether or not the Commission would be interested in selling the property for commercial development under any conditions. Mayor Garvey suggested that commercialization is not desirable in that area, citing the fact that there is a school across the street and there is already a mini market and Eckerds. Commissioner-elect Thomas felt the impact of commercialization would be relatively modest being out of the path of the McMullen Booth/Enterprise Road intersection. In response to his question whether the property had any income value to the City, it was stated it does. He questioned whether the value of the property, if sold by the City, would be sufficient to build a better police station in a better location while making money at the same time. Regarding the concern of relocating the pistol range, the City Manager suggested it could possibly be moved to another part of the 17 acre site, which currently consists of a golf course, driving range, sewer plant, etc. He stated it is difficult to site plan a pistol range. He cited the future value of the land based on the expansion of S.R. 580 to a five or six lane highway increasing traffic on McMullen Booth Road to 50-60,000 cars a day. The majority recommendation was to respond to The Sembler Company that they are not completely disinterested in selling the property, but the offer is not worth the effort the City would have to go through in relocating the facility currently on site. Coalition of Homeowners request re: code review At the last City Commission meeting, a request was made that the Commission review city codes. It was stated the general feeling expressed was there are too many codes not being enforced; that they should be enforced or removed from code. Consensus was to ask what specific items they want addressed in the code. Request of Commissioner-elect Fred Thomas re: map of city-owned property Commissioner Thomas has requested a map of the City indicating all the various locations of City owned property and the purpose of that property. He also requested color-coding of the locations to indicate if the property is vacant; the square footage; if there is a building on the property and, if so, its type, age, condition and purpose; and how many people are housed and/or working out of the structure. Cynthia Goudeau, City Clerk, stated a current project is in the works of identifying and inputting into the computer system all City owned property with the intent of being able to generate reports. Commissioner Thomas expressed surprise that the information is not readily available, stating the governing body should know all the properties it owns. He expressed concern that the City keeps buying property and does not seem to sell what it has. ITEM The City Manager stated the Land Development Code does not allow air conditioning units in the setback area if they are on a platform. Commissioner-elect Thomas stated there has been massive flooding on the beach, and many residents have lost their air conditioning systems. As the systems are being replaced, it is desired they be raised thirty-six inches off the ground; however, the code only allows twelve inches. He requested emergency relief from the code requirements in these cases. Discussion ensued regarding whether there may be other requirements that need to be looked at in relation to the height restrictions. Staff investigation was requested. In response to questions, Jim Polatty, Planning and Development Director, stated this is a FEMA regulated area and they require the setbacks if the unit is elevated. He stated there is a different concern with units being placed right outside someone else's window. It was stated an emergency ordinance would be good for 90 days and allow time for staff to investigate the concerns. OTHER COMMISSION ACTION Commissioner-elect Thomas expressed concern regarding the Sun Bank contract on page 5, article 6 regarding obeyance of law, stating "...seller no obligation to comply with .... any governmental authority." He recommended this clause be removed before the contract is signed. The meeting adjourned at 1:30 p.m.