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06/04/1992 CITY COMMISSION MEETING June 4, 1992 The City Commission of the City of Clearwater met in regular session at City Hall, Thursday, June 4, 1992 at 6:01 p.m., with the following members present: Rita Garvey Mayor/Commissioner Richard Fitzgerald Vice-Mayor/Commissioner Lee Regulski Commissioner Arthur X. Deegan, II Commissioner Members absent: Sue Berfield Commissioner Also present: Michael J. Wright City Manager M.A. Galbraith, Jr. City Attorney William C. Baker Public Works Director James Polatty, Jr. Planning and Development Director Cynthia E. Goudeau City Clerk The Mayor called the meeting to order and led the Pledge of Allegiance. The invocation was offered by Reverend William Meyers of the Trinity Presbyterian Church. In order to provide continuity for research, the items will be listed in agenda order although not necessarily discussed in that order. ITEM #3 - Service Awards One 25-year service award was presented to a City employee. Jo Robinson, CIS, was recognized for her 24 years of service and presented with a retirement gift. ITEM #4 - Introductions and Awards - None. ITEM #5 - Presentations a) National Estuary Program Dennis Eckenrod reviewed the program's accomplishments during the past year and the work program for the coming year. b) Promotional video Summer Library program The video was viewed. It was announced that Astronaut Bruce Melnick would speak at 2:00 p.m. on June 22, 1992. ITEM #6 - Minutes of the Regular Meeting of May 21, 1992 Commissioner Fitzgerald moved to approve the minutes of the regular meeting of May 21, 1992, as recorded and submitted in written summation by the City Clerk to each Commissioner. The motion was duly seconded and carried unanimously. ITEM #7 - Citizens to be heard re items not on the Agenda Anne Garris requested the City make addressing Senate Bill 1650 a priority item. Reverend C. Munnings encouraged all to participate in the Unity Day Rally on June 13th at 7:30 p.m. at City Hall. Robert Clark expressed concern regarding negative attitude regarding people from the north by people from the south. ITEM #8 - Accept Maas Brothers Task Force report and accept Maas Brothers property back from the Community Redevelopment Agency (CRA) Ed Mazur, Chairman of the Maas Brothers Task Force, on behalf of all fifteen members of the Task Force thanked the Commission for the opportunity to be involved in this process. He reported the Task Force had received input from over 75 individuals, including tourists. He stated the Task Force debated whether or not to address just the 3.8 acre site or the entire bluff and decided to make the primary recommendation for the Maas Brothers site only and to have secondary recommendations regarding the entire bluff should the Task Force decide to do so. He reported there were three basic schools of thought; 1) to remove the building and expand the park, 2) to refurbish the building and put it into use as soon as possible and 3) to remove the building and have the site developed in some way. The primary recommendation of the Task Force is for the City to enter negotiations with the Florida Gulf Coast Art Center. He also reported on the companion recommendations that the Task Force developed which are: 1) Whatever portion of the 3.8 acre site west of and not needed for the Art Center facility be made into parkland; 2) Any expense involved in the demolition of the existing building be borne by the Art Center; 3) Title or control of the land remain with the City; 4) A civic room/auditorium that will hold at least 500 people in a banquet setting be included; 5) A public restaurant with a water vista with a capacity that would qualify it for a beer and wine license be included; 6) The City and Art Center consider providing a transportation hub on site (not construed to be the responsibility of the Art Center). Accessory to those recommendations but not necessarily a part of the negotiations, the Task Force further recommended: 1) if negotiations with the Art Center fail, the building be torn down and the site put to public use and/or parkland use; 2) The vista on the south side (Cleveland Street frontage) be opened in accordance with City Code; 3) The SE corner of the site be used by the City for access between Cleveland Street and Osceola Avenue to include the closing of Drew Street on the W side of the Maas Brothers property and the expansion of Coachman Park; 4) More specifically, Drew Street be closed south of the turn basin (where Drew Street becomes N/S) and Coachman Park be extended to the water. He stated the Task Force discussed how to reach the recommendation and recommended the property stay with the CRA and whatever recommendation is put forward be subject to a referendum. He stated there was strong feeling among some of the Task Force members that the entire bluff should be addressed however, that particular motion failed due to a tie vote. He thanked City staff for their input and assistance and thanked the City Clerk for her guidance during the process. Commissioner Regulski moved to accept the Maas Brothers Task Force report and direct staff to bring forward the necessary actions to transfer ownership of the 3.8 acre Maas Brothers site from the Community Redevelopment Agency to the City and to commend each and every member of the Task Force for their exemplary work. The motion was duly seconded and carried unanimously. It was requested a meeting be set with the Art Center. The City Clerk reported a presentation from the Art Center has been scheduled for the Work Session of June 15th. PUBLIC HEARINGS ITEM #9 - Public Hearing & First Reading Ord. #5224-92 - to provide for use of temporary directional signs or banners during major Public Works projects or after storm events, amending Sec. 134.011 (LDCA 92-07)(PLD) The Commission recently adopted an emergency ordinance which provided for special signage for properties affected by major public works projects or major storm events. Staff has taken the language contained within that emergency ordinance and is proposing a land development code amendment which would make it a permanent part of the City Code. The proposed ordinance would permit a property to erect an additional freestanding directional sign for each driveway or a banner attached directly to the building. This signage would require a permit and would have to be removed within seven days following the completion of the applicable public works project or within 45 days after a storm event, whichever is applicable. While staff is in the process of finalizing a comprehensive set of amendments to the Sign Code, this item is brought forward to alleviate the need to adopt additional emergency ordinances while the major Sign Code amendments are being considered and discussed. The Planning and Development Director indicated the Planning and Zoning Board recommended approval of the proposed amendment with three changes: 1) for free-standing directional signs, the Board suggested the signs be allowed only for each driveway on the affected roadway; 2) The Board felt the size of the free-standing directional signs should be increased from 20 square feet in area to 32 square feet; and 3) the Board felt the free-standing directional sign height should be increased from six to ten feet. The Planning and Development staff recommends the Commission favorably consider the first suggestion. As to the other two, while not being strongly opposed to them, staff does not feel they would substantially improve the visibility of the properties from what is currently proposed. Questions were raised regarding whether or not the free-standing signs would be fixed to the ground or whether they would be able to be portable signs. Mr. Polatty indicated they would be fixed to the ground and would need a permit. It was requested this be more clearly defined in the ordinance at second reading. Mr. Polatty indicated a resolution identifying the current locations of major public works projects would be on the next meeting along with second reading of this ordinance as well as the Planning and Zoning Board's recommendations. Commissioner Regulski moved to approve a land development code amendment providing for additional signage in the event of major public works projects or major storms. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5224-92 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance #5224-92 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Deegan and Garvey. "Nays": None. "Absent": Berfield. ITEM #10 - Public Hearing - Vacating Hart St. r-o-w lying S of Hart's 2nd Add. to Clearwater, Blk 3, part of Lot 8 together with Lots 9, 10 and vacated alley lying between Lots 9 & 10, and N of Jones' Sub. of Nicholson's Add., Blk 3, Lots 6 thru 8, and part of Lot 9 (Gangelhoff/Gulf Marine V92-01)(PW) AND ITEM #11 - (Cont. from 5/21/92) Public Hearing & First Reading Ord. #5193-92 - re: specific floor area standards for certain classes of accessory uses; classify an individual dwelling unit attached to a hotel/motel as an accessory use, amending Sec. 136.008 (LDCA92-06)(PLD) AND ITEM #12 - Public Hearing & First Reading Ords. #5211-92, #5212-92 & #5213-92 - Annexation, Land Use Plan to Low Density Residential and RS-8 Zoning for property located at 1591 Owen Dr., Orange Blossom Sub., Lot 6 (Kidder A92-01, LUP92-07)(PLD) AND ITEM #13 - Public Hearing & First Reading Ords. #5214-92, #5215-92 & #5216-92 - Annexation, Land Use Plan to Low Density Residential and RS-8 Zoning for property located at 3053 Cherry Lane, Sec. 16-29-16, M&B 22.18 (Oxley/Goodine A92-02, LUP92-06)(PLD) AND ITEM #14 - Public Hearing & First Reading Ords. #5217-92 & #5218-92 - Land Use Plan to Public/Semi-Public and P/SP Zoning for property located at 861 N. Hercules Ave., R.H. Woodley Sub., Blk 1, part of Lot 2 (Sun Bank of Tampa Bay LUP92-08, Z92-06)(PLD) AND ITEM #15 - Public Hearing & First Reading Ords. #5221-92, #5222-92 & #5223-92 - Annexation, Land Use Plan to Low Density Residential and RS-8 Zoning for property located at 1744 Lagoon Circle West, Clearwater Manor, Lot 99 (Chamberlain A91-07, LUP91-08)(PLD) Mayor Garvey indicated that Items #10 through #15 would be continued until the next meeting but asked if anyone was there to speak on any of those items. Two citizens spoke in regard to Item #14 objecting to the proposed land use plan and zoning changes indicating the area is mainly for professional businesses and a school would be inappropriate. They also expressed safety concerns as this is a busy street and there is no provision for a traffic light and there is no room for a recreational area on the property. Questions were also raised regarding how a school on this property would affect taxes. It was indicated it would depend on the corporation running the school. Commissioner Fitzgerald moved to continue Items #10 through #15 to the next regularly scheduled meeting of June 18, 1992. The motion was duly seconded and carried unanimously. Public Hearing - Second Reading Ordinances ITEM #16 - Ord. #5220-92 - Vacating 5' utility easement lying along the S property line of Lot 11, Oak Creek at Countryside Sub., less Easterly 5' and Westerly 5'(Alimonos V92-05) The City Attorney presented Ordinance #5220-92 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5220-92 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Deegan and Garvey. "Nays": None. "Absent": Berfield. CITY MANAGER REPORTS CONSENT AGENDA (Items #17-32) - Approved as submitted less Item #32. Agreements - Approved. ITEM #17 - Amendment to Agreement with The Clearwater Shuffleboard Club regarding the City conveying a cash grant of $12,500 and an interest free loan of $7,500 to the club to be used for replacing canopies over the outdoor shuffleboard courts (PR) ITEM #18 - Agreement with Dimmitt Chevrolet, Inc., Larry Dimmitt Cadillac, Inc., and Richard R. Dimmitt relating to new road construction and street vacations (proposed Third Avenue South Agreement)(PW) Bids & Contracts - Awarded. ITEM #19 - Extension of contract with Coopers & Lybrand to perform various audit, accounting & actuarial services for FY ending 9/30/92 for a total fee not to exceed $139,500 (AS) ITEM #20 - Annual contract for purchase of saddle tees, casing end seals and plastic casing insulators to Phillips Engineering Co., Clearwater, FL, for the period 6/5/92-6/4/93, at an est. $31,108 (GAS) ITEM #21 - Contract for roof repair at the Main Library to J&R CO OP Construction, Tampa, FL, for $23,363 (GS) ITEM #22 - Two contracts to Professional Service Industries, Inc., Clearwater, FL, for roofing engineering & design services for 3 City facilities for an est. $16,400 and roof inspection/analysis along with roof engineering and design services for 4 City facilities for an est. $27,300 for a total est. $43,700 (GS) ITEM #23 - 1992 Subdrain Contract to Keystone Excavators, Inc., Oldsmar, FL, for $172,363 (PW) ITEM #24 - Extension of annual contract for purchase of sulfur dioxide from Jones Chemical, Jacksonville, FL, for the period 7/19/92-7/18/93, for $32,904 (PW) Citizens & Staff Requests - Approved. ITEM #25 - Waive accumulated $31,512.50 debt owed by the PACT, Inc. to the City for office supplies drawn from the City since 1979 thru March, 1992 and adjust financial records appropriately and allow PACT to continue to draw office supplies from City stocks on a "pay as you go, 30 day due" billed basis (AS) ITEM #26 - Disband Maas Brothers Task Force (CLK) Change Orders - Approved. ITEM #27 - C.O. #1 to Joint Clearwater/FDOT Utilities Relocation Agreement for US19 from S of Enterprise Rd. to N of S.R.580 increasing the contract by $51,471.24 for a new total of $527,676.32 (PW) Receipt & Referral - Received and Referred. ITEM #28 - Proposed amendment to Chapter 146 regarding flood protection, redefining the time limit of cumulative total for definition of substantial improvement (PLD) ITEM #29 - Annexation, Land Use Plan Amendment to Low Density Residential and RS-8 Zoning for property located at 1308 Springdale St., Pine Ridge Sub., Blk C, Lot 12, 0.14 acre (William & Bertha King A92-04, LUP92-09)(PLD) ITEM #30 - Annexation, Land Use Plan Amendment to Low Density Residential and RS-8 Zoning for property located at 1843 West Dr., Suban's Sub., N 7' of Lot 23 & S 53' of Lot 24, 0.18 acre (David & San King/Ferris A91-06, LUP91-07)(PLD) ITEM #31 - Annexation, Land Use Plan Amendment to Low Density Residential and RS-6 Zoning for property located at 1457 Dexter Dr., Douglas Manor Lake Sub., Blk A, Lot 21, 0.23 acre (Johnson A91-04, LUP91-05)(PLD) ITEM #32 - See Page 8 Commissioner Fitzgerald moved to approve the Consent Agenda as submitted less Item #32 and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #32 - Downtown Development Plan - authorize notification of Public Hearings and reconsideration of the Land Use classification changes proposed in the Plan by the Planning & Zoning Board (PLD) In order for the Downtown Development Plan (DDP) to be implemented this calendar year, it is necessary for the Commission to hold public hearings during the summer to begin the implementation process. Because the plan will require changes to zoning and land use plan classifications, state statutory requirements in processing and adopting the plan must be followed. Also, because the plan requires changes to the Community Redevelopment area and associated tax increment financing areas, specific processing requirements of both the State and Pinellas County Commission must also be followed. Florida Statutes outline specific procedures which must be followed for rezonings which are not initiated by a property owner or owners and requires each individual property owner be notified by mail, thirty days in advance, of the public hearing. The Statute also requires the governing body directly authorize the City Clerk to provide for such notice. Staff is proposing the public hearing for the zoning and land use plan changes be held by the Commission on July 16, 1992 to allow for one or two continuances, if necessary, before the changes must be transmitted to the State Department of Community Affairs for their review as part of the semi-annual large scale review. A concern was raised that the proposed schedule calls for notifying the taxing authorities of the CRA boundary changes prior to the public hearing of the City Commission. The City Clerk reported this is a timeframe required by the State Statute and it would be notifying them of the proposed changes. Commissioner Fitzgerald moved to authorize the City Clerk to advertise and notify property owners of public hearings regarding the Downtown Development Plan and to request reconsideration by the Planning and Zoning Board of the land use classification changes proposed in the Downtown Development Plan. The motion was duly seconded and carried unanimously. OTHER ITEMS ON CITY MANAGER REPORT ITEM #33 - Authorize estimated expenditure of $12,000 for the Parks and Recreation Department to conduct a "Midnight Basketball Program" between 10 p.m. and 2 a.m. during June, July and August (PR) The City's Community Relations Division and the Police Department have requested the Parks and Recreation Department conduct a "Midnight Basketball Program" at the Martin Luther King Recreation Complex (MLKRC). The activity will take place daily during the summer months of June, July and August from 10 p.m until 2 a.m. If approved, staff will turn the basketball and tennis court lights on at 10 p.m. each evening making these facilities available to the community. Also, the new "game room" recently added to the MLKRC building will be open for pool, ping pong, etc. This facility also contains restrooms. In order to offer this program, staff plans to hire seasonal, emergency people from the community. Although six or seven people might be hired, only three will work each evening to turn on the lights, provide the basketballs and equipment, open the game room and generally supervise the area. Budget requirements for personnel and supplies are outlined in the proposal and it is noted that one of the proposed employees is designated as a Recreational Instructor (Leadworker). In addition to directly working at the site several nights per week, this person will also be responsible for the collection of reports, assuring coverage when other employees are absent, handling time cards, etc. It is also noted the hourly personnel costs outlined in the proposal are slightly higher than discussed at the Commission Work Session. This was due to an oversight, but the cost of supplies was commensurately reduced keeping the overall budget at $12,000. This program will provide a wholesome recreational outlet during the late evening hours and the third quarter budget review will include an amendment to provide for the necessary funds. The City Manager indicated if problems develop, the program will be discontinued. It was indicated this type of program has been beneficial in other communities. Commissioner Fitzgerald moved to authorize the Parks and Recreation Department to conduct a Midnight Basketball Program at the MLKRC between the hours of 10 p.m. to 2 a.m. during the months of June, July and August at an estimated cost of $12,000 and authorize the addition of 0.65 FTE positions to conduct the program. The motion was duly seconded and carried unanimously. ITEM #34 - First Reading Ord. #5200-92 - amendments to Chapter 99 of the Code to add protection from discrimination to persons with disabilities and families with minor children in the area of housing (PLD) These amendments will bring the local code into compliance with the 1988 Federal Fair Housing Amendments Act, the 1990 Americans With Disabilities Act and the 1991 Civil Rights Act. The proposed amendment establishes an administrative enforcement mechanism, provides more stringent penalties than the present code, expands coverage to include families with children and broadens the protection for handicapped/disabled persons. The proposed amendment, among its more important provisions: bars discrimination in the sale or rental of housing on the basis of familial status and expands coverage for handicap/disability and requires new covered multifamily dwellings to be designed and constructed to meet specific adaptability and accessibility standards; bars discrimination in the sale or rental of housing because there are children in the household, but exempts housing for older persons under narrow criteria; provides the Community Relations Board (CRB) with the authority and ability to initiate complaints; gives an aggrieved person one year after an alleged discriminatory housing practice in which to file a complaint with the Clearwater Office of Community Relations, and two years to file a complaint in the appropriate state court; requires the Clearwater Office of Community Relations (OCR) to complete a fair housing investigation and conciliation efforts within 100 days after the filing of the complaint, unless it is impracticable to do so. The OCR can also seek preliminary or temporary relief including temporary restraining orders where such actions are necessary to carry out the purpose of the ordinance; gives the CRB expanded enforcement authority adding the protected class of familial status for handling of complaints of housing discrimination in the sale or rental of housing; and provides the elements necessary for the US Department of Housing and Urban Development (HUD) to reach a favorable determination that the ordinance is "substantially equivalent" to the 1988 Federal Fair Housing Amendments Act in its rights and remedies. If the OCR investigates a complaint and finds reasonable cause to believe a violation has occurred, all parties have the choice of a proceeding before an Administrative Hearing Official with an appeal to an appropriate state court or a trial before the circuit court. If the administrative hearing is elected and discriminatory conduct is found, the hearing official is authorized to issue a recommended order for relief as may be appropriate. The CRB will then issue a final order. If a civil action in circuit court is elected, the complainant's rights will be represented by the City Attorney. In these cases, the relief that may be granted includes a permanent or temporary injunction, a restraining order or other relief including monetary damages and civil penalties. In 1981, Chapter 99 of the code was determined by HUD to be "substantially equivalent" to the 1968 Federal Fair Housing Law as relates to housing discrimination. The local enforcement arm, OCR, is "grandfathered" under the 1988 Federal law until September 12, 1992 only for the coverage contained in the 1968 Federal law. If the City ordinance is not amended and re-certified by HUD before September 12, 1992, the City's status as a certified enforcement agency will discontinue and all Federal funds provided for this program will cease. It should be noted the Florida Fair Housing Law was amended effective October 1, 1989, to mirror the 1988 Federal law. This ordinance amendment provides no greater scope or coverage than does the 1988 Federal law or the 1989 state law. It was stated this is basically creating a vehicle for enforcement in the area of discrimination and not creating any new laws. Commissioner Regulski moved to approve amendments to Chapter 99 of the Clearwater City Code adding protection from discrimination in the area of housing to persons with disabilities and families with minor children. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5200-92 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance #5200-92 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Deegan and Garvey. "Nays": None. "Absent": Berfield. ITEM #35 - (Cont. from 5/21/92) Res. #92-21 - Repetitive Loss Plan - Community Rating System (PLD) The Repetitive Loss Plan is a required activity for those cities participating in the "Community Rating System" (CRS) program sponsored by the Federal Emergency Management Agency (FEMA). The objective of the federal program is to reward cities that go beyond the minimal requirements for providing flood management practices. The City of Clearwater performs several activities that further the goals of the program, including scheduled maintenance of drainage ditches and keeping in-depth records such as Elevation Certificates and data based on flood control issues and flood control abatement activities and improvements. The CRS program, established by the Federal Insurance Administration, encourages cities to implement programs that reduce flood losses. The incentive for having such activities is policy holders will get a 5% reduction in their flood insurance premium rate for the first year with a possible additional reduction of up to 45% over a ten year period based on the number of activities of which the City commits to assuming responsibility. Clearwater was approved for the first rate reduction and has received confirmation of this notice from the FEMA representative after a verification visit in December 1991. In the first year of the CRS program, the City has saved the Clearwater federal flood insurance policy holders approximately $100,000. With the adoption of the Stormwater Management Plan, which is currently being prepared, Clearwater will be eligible for an additional 5% rate reduction next year. The Commission should be aware of the effect of House Bill 1236 concerning proposed changes to the flood insurance regulations. In this Bill there are provisions for using the community rating system and incentives for community floodplain management to "complement adoption of more effective measures for floodplain and coastal erosion management". As the Commission has been advised, this Bill may result in significant changes to the flood insurance program in flood-prone and coastal areas. It was noted that on the list of 58 properties that have experienced losses due to flooding, 32 are not on the beach. Commissioner Regulski moved to approve the Repetitive Loss Plan. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #92-21 and read it by title only. Commissioner Fitzgerald moved to pass and adopt Resolution #92-21 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Deegan and Garvey. "Nays": None. "Absent": Berfield. ITEM #36 - Res. #92-38 - modifying fee schedule for variance fees (PLD) Per Commission direction, staff has modified the fee schedule to establish a "flat" $200 fee for variances associated with residential properties. Please note that no other fees are proposed for modification. The Commission has also directed staff to continue to pursue code amendments which will clarify and streamline the Land Development Code, reducing the need for procedural-related and other variances. This is a part of the Planning Services Division Work Program for the remainder of this fiscal year and the upcoming fiscal year. Included with these proposed code amendments is a proposal to establish "small scale" variances, which can be administratively granted, along with streamlining/consolidating the functions of the Planning and Zoning and Development Code Adjustment Boards. This is in keeping with the Commission's desire to reduce the amount of staff time (and applicant time) devoted to processing variance requests. These changes will allow staff to both reduce the variance (and possibly conditional use) fees while simultaneously allowing the full recouping of the cost of staff time devoted to these requests. That is, by simplifying and streamlining the process, staff cost can be reduced and variance fees can likewise be reduced accordingly. Commissioner Regulski moved to approve modifying the schedule for variance fees. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #92-38 and read it by title only. Commissioner Fitzgerald moved to pass and adopt Resolution #92-38 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Deegan and Garvey. "Nays": None. "Absent": Berfield. ITEM #37 - Res. #92-34 - filing of a lien for demolition costs for a structure located at 909 N. Ft. Harrison Ave., Nicholson's Addition, Blk 3, Lot 3 (PLD) Property located at 909 North Fort Harrison was inspected by the Building Division and found to be unsafe. The owner was notified by Certified Mail of this finding and signed a waiver allowing the City to demolish the structure and assess the cost against the property. It should be noted the waiver that was accepted and signed by the property owner precludes the City from collecting interest on any lien attached to the property. This is a staff error; staff has changed its administrative procedures and standard lien waiver language to avoid future errors of this sort. Commissioner Fitzgerald moved to approve placing a lien for demolition cost on property located at 909 North Fort Harrison Avenue. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #92-34 and read it by title only. Commissioner Deegan moved to pass and adopt Resolution #92-34 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call the vote was: "Ayes": Regulski, Fitzgerald, Deegan and Garvey. "Nays": None. "Absent": Berfield. ITEM #38 - Authorize scheduling of Presentations by Developers responding to the Downtown Redevelopment (East End) Project (ED) The Request for Qualifications (RFQ) for the East End Project issued on April 1, 1992, represented a significant benchmark in the downtown revitalization process. Some years ago, City officials raised the prospect of using city-owned property at the Annex site for development purposes. Over the past two years, staff has explored, analyzed and refined this idea. In 1990, the CRA made the decision to commission a market assessment of the downtown. The Request for Proposal process resulted in the selection of Hunter Interests Inc. of Annapolis, Maryland and in November, 1990, the Downtown Market Assessment was completed. This impartial study concluded a mixed use project of 200,000 to 250,000 square feet would be successful in the downtown. The Market Assessment confirmed earlier demographic information. In January, 1991, staff began to assemble land in and around the Annex property already owned by the City. The objective was straightforward; to secure more regular boundaries and to have access to Court Street. The land parcel was expanded from approximately 15 to 20 acres. With the acquisition of the remaining parcels, which will form a corridor to Court Street, land holdings will reach 25 acres. The RFQ was widely disseminated to interested development groups. In essence, the RFQ sought to gauge developer-investor interest in undertaking a downtown project. The City's goals and objectives were clearly stated in the document in order to not mislead potential respondents. The RFQ made it clear that whatever project might ultimately be brought forward would have to be market-driven since the City had no interest in providing a subsidy. No project details were requested in the RFQ. Two reputable and viable development entities responded to the RFQ. Downtown Clearwater Associates, a joint venture group, made up of Lincoln Property Company of Dallas, Texas, Stuart S. Golding Company and Lee Arnold & Associates, both of Clearwater; and MAS Properties of Columbus, Ohio, were the developers responding to the request. Staff recommends that both organizations be invited to present a detailed narrative with appropriate supporting documentation describing the particular characteristics of their respective projects and the relationship to the City's development goals. The presentations should include the "theme" or style of development, unique features, prospective tenant types, a pre-leasing/marketing strategy with time-frames and a ground lease format or land disposition agreement. A statement of the design and construction sequence for the project components and the time period within which each stage would be initiated and completed should also be required. The presentation will give the City a wealth of information including an insight into each developer's market research, program development, and conceptual planning required to identify a specific project opportunity. The developer's financing plan will reflect these research elements. The developer presentations are another step in the downtown redevelopment process that has been underway over the past several years. The City Manager reported this is the next step in the development process and the Commission will not be bound to go with either of the respondents. In response to a question, he indicated he did not pursue his original plan to develop a committee to review the submittals because there were only the two. A question was raised regarding whether or not information had been obtained regarding why more people who had originally expressed interest had not submitted an RFQ. Jerry Sternstein, Economic Development Director, indicated he has contacted several of the companies that he had felt were most likely to respond and he listed their reasons for not responding including; not being able to pull together the financing necessary, companies being interested only in waterfront development, companies now in management of properties rather than development of them, some companies were unable to pull together the partnerships that had hoped to pull together and some were experiencing additional financial difficulties. In response to a question regarding why those that responded were interested in the project, Mr. Sternstein indicated that Lincoln Properties had done their own demographic research and had concluded if they could find the right partners, they would participate. He indicated they had developed the market portion of Church Street in Orlando. He indicated the respondents have indicated they know there is no City subsidy for the project. He indicated the MAS-ONE group already has developments in downtown Clearwater and are familiar with the area. He indicated both respondents had done "match making" and that OPUS-South which is a part of the MAS-ONE proposal could have responded separately had they chosen to do so. The Economic Development Director indicated he feels these are expressions of real interest. He also indicated that MAS-ONE's announcement that they would be responding early in the process may have dissuaded others from doing so. He indicated that while the agenda item indicates the presentation should include certain things, all will be included in the presentations and he has a strong feeling that additional information will be provided. In response to a question regarding getting something in writing prior to the presentations, Mr. Sternstein indicated he would make that part of the procedure. In response to a question regarding a timeframe, it was indicated it would take at least eight weeks for the developers to prepare their presentations. It was also requested the project not be labeled as a downtown redevelopment project as it has been called the "East End" project. Commissioner Fitzgerald moved to authorize City staff to schedule presentations from the two development groups that responded to the RFQ. The motion was duly seconded and carried unanimously. ITEM #39 - First Reading Ord. #5210-92 - amending City's travel policies and related sections of the Code to align the City's allowed reimbursement rates and travel policies with those authorized by and through State Statutes (AS) The current City travel policy and reimbursement provisions as contained in Sections 27.01, 27.05 and 27.08 in the Code set forth definitions, specific travel allowance rates and methods of computation that require revision and updating. Proposed changes to the current ordinance are: 1) reference the City ordinance to Sections 112.061(6) and 112.061(7)(d) Florida Statutes for the establishment of rates for public officer and employee travel; 2) streamline, simplify and make more equitable the travel computations by allowing subsistence reimbursement based on the Florida Statute per diem rate or on actual substantiated lodging costs plus amounts permitted for meal expenses; 3) define authorized travel as that on official business for the City including conventions or conferences serving a direct public purpose; 4) eliminate references to Classes of Travel and parts of the travel day as superfluous to local travel procedures; 5) disallow reimbursement for meals or lodging costs included in convention or conference fees; and 6) eliminate reference to specific travel reimbursement rates, using the State travel rates by reference. There will be no financial impact on the City with the adoption of the changes recommended above. The rates now contained in the current City ordinance are the same as those now set by the referenced State statute. Meal allowances will remain at $3 for breakfast, $6 for lunch and $12 for supper. The daily per diem will remain at $50 and reimbursement for mileage when using a private vehicle will remain at $.20 a mile. Importantly, future changes in State travel reimbursement rates will not require changes in the City ordinance which, if revised as recommended, adopts them automatically by reference. This proposal for revising the City Travel Code conforms to the objectives of Clearwater City Commission Policy Statement No. CC-2 as amended March 19, 1992. Some confusion was expressed regarding whether or not it was necessary to be specific regarding the use of per diem or actual lodging expenses plus meals as this is stated in the State Statute. Commissioner Deegan moved to amend the City's travel policies and related sections of the Code to align City of Clearwater allowed reimbursement rates and travel policies with those authorized by and through State Statutes. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5210-92 for first reading and read it by title only. Commissioner Deegan moved to pass Ordinance #5210-92 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Deegan and Garvey. "Nays": None. "Absent": Berfield. ITEM #40 - Appoint 2 Clearwater residents as trustees of The Clearwater Fire Supplemental Pension Plan (FD) The Clearwater Fire Supplemental Pension Plan is the recipient of monies obtained by the State of Florida from insurance companies doing business within the community. These monies are required to be administered by a Board of Trustees whose composition must consist of: two legal residents of the City appointed by the Commission; two City firefighters elected by the firefighters; and a fifth member chosen by a majority of the other four members and submitted to the Commission for appointment. The Board of Trustees is solely responsible for administration of the trust fund. The two previous Commission appointees, Mr. James E. Leach, former Executive Director of Upper Pinellas Association for Retarded Children and Mr. John Sanders, a former vice president of The First National Bank, were both instrumental in Board proceedings. However, they are no longer able to serve due either to no longer being a Clearwater resident or health considerations and have so advised the Board of Trustees. Mr. Mike Ahrens and Mr. Nick G. Stucker have indicated they are willing to serve as Commission appointees. Both individuals are City residents. Mr. Ahrens possesses a management background and Mr. Stucker is a local businessman with an insurance background. Other Clearwater residents willing to serve may be considered for these appointments. Commissioner Deegan moved to appoint Mike Ahrens and Nick G. Stucker as Trustees of the Clearwater Fire Supplemental Pension Plan in accordance with Section 175.061 of the Florida Statutes. The motion was duly seconded and carried unanimously. ITEM #41 - Marine Advisory Board - 2 appointments (CLK) Commissioner Fitzgerald moved to reappoint Robert Hardy with his second term continuing from July 1st to June 30, 1995. The motion was duly seconded and carried unanimously. Commissioner Regulski moved to appoint David Martens with the term to begin July 1st and expire on June 30, 1995. The motion was duly seconded and carried unanimously. ITEM #42 - Development Code Adjustment Board - 1 appointment (CLK) Commissioner Fitzgerald moved to reappoint Emma Whitney with her second term continuing from July 1st to June 30, 1995. The motion was duly seconded and carried unanimously. ITEM #43 - Library Board - 2 appointments (CLK) Commissioner Regulski moved to appoint Jill Ann Perrino with the term to begin immediately and expire on May 31, 1995. The motion was duly seconded and carried unanimously. Commissioner Deegan moved to appoint Douglas Cowley with the term to begin immediately and expire on May 31, 1995. The motion was duly seconded and carried unanimously. ITEM #44 - Other Pending Matters - None. CITY ATTORNEY REPORTS Resolutions ITEM #45 - Res. #92-40 - Opposing County Charter Review Proposal that County ordinances take precedent over City ordinances The City Attorney presented Resolution #92-40 and read it by title only. Commissioner Fitzgerald moved to pass and adopt Resolution #92-40 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Deegan and Garvey. "Nays": None. "Absent": Berfield. ITEM #46 - Res. #92-41 - Membership Distribution on Metropolitan Planning Organization The City Attorney presented Resolution #92-41 and read it by title only. Concern was expressed that by adopting this resolution it would preclude further consideration for changing the composition of the Metropolitan Planning Organization (MPO). What instituted this resolution was some of the communities that do not have representation on the MPO asking to be represented. These communities are asking to be considered for membership as they feel they are impacted by traffic programs and do not have formal input into the decision making process. Concerns were expressed that adding additional municipal representation under the current legislation would require an additional County Commissioner also be appointed to the MPO. It was stated the solution would be to address the legislation regarding the make-up of the board to reduce, if not eliminate, the requirement for one-third of the membership being elected county officials. Further discussion ensued regarding the need to address the concerns of those municipalities not represented. It was suggested the resolution be adopted but that it be sent to the MPO with a cover letter asking that legislative action be considered to change the apportionment of the representation. Commissioner Regulski moved to pass and adopt Resolution #92-41 and authorize the appropriate officials to execute same and that it be forwarded to the MPO with a letter indicating support for review of the composition as it deals with representation as mandated in the Florida Statutes. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Deegan and Garvey. "Nays": None. "Absent": Berfield. ITEM #47 - Other City Attorney Items - None. ITEM #48 - City Manager Verbal Reports Jim Polatty, Planning and Development Director, reported regarding the County Charter Review Committee meeting which will take place at 2:00 p.m. on June 5th. He stated the proposals are: 1) to consolidate the building permits in the County; 2) to standardize the zoning codes; and 3) to limit municipal ability to exempt from County ordinances. He stated there are concerns regarding the negative impact of consolidating the building permit and zoning codes. He stated while the report indicates there will be savings, they have failed to account for the lost capital investment of the municipalities that have their separate codes and permitting processes. He indicated the City would also lose control over its zoning and building regulations. He stated if the permitting process were to be consolidated, it would just complicate the procedures as the City would still have to sign off that a plan met its requirements. A suggestion was made that an alternative was for the County to give the cities jurisdiction over a specific planning area as it does with the fire districts. Police districts were also suggested. Commissioner Fitzgerald reported that at the Mayor's Council meeting it was stated the council's position was there is already the ability to address these concerns through interlocal agreements. They feel there is no need to change the charter. A legislative update was provided by Betty Deptula, Assistant City Manager. She stated the special session has begun and the legislature will meet for the next three weeks with the budget being the first priority. She stated there are no significant actions to this point. She stated staff is continuing to follow the Solid Waste bill and there was a victory today in that the flow control provisions which had been taken out have been put back in. Jim Massie will be monitoring all of these issues. ITEM #49 - Other Commission Action Commissioner Deegan thanked Bill Baker for the immediate attention to the problem with a City contractor dumping asphalt in a residential park. He reported the contractor will have to move the asphalt and will have to resod the damaged park area and water it for thirty days. Commissioner Fitzgerald requested the resolution regarding opposing county ordinances taking precedence over city ordinances be forwarded to the Charter Review Committee as soon as possible. The City Clerk is to provide a copy to the Planning Director to take with him to the 2:00 meeting June 5th. ITEM #50 - Adjournment The meeting adjourned at 8:19 p.m.