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10/15/1992 CITY COMMISSION MEETING October 15, 1992 The City Commission of the City of Clearwater met in regular session at City Hall, Thursday, October 15, 1992 at 6:00 p.m., with the following members present: Rita Garvey Mayor/Commissioner Richard Fitzgerald Vice-Mayor/Commissioner Lee Regulski Commissioner Sue Berfield Commissioner Arthur X. Deegan, II 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 Mary K. Diana Assistant City Clerk The Mayor called the meeting to order and led the Pledge of Allegiance. 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 Two service awards were presented to City employees. ITEM #4 - Introductions and Awards Proclamations: A. Lupus Awareness Month - October, 1992. B. Religious Community Services Week - October 26 - November 1, 1992. ITEM #5 - Presentations - none. ITEM #6 - Minutes of the Regular Meeting of October 1, 1992 and the Special Meeting of September 28, 1992 Commissioner Fitzgerald moved to approve the minutes of the regular meeting of October 1, 1992 and the special meeting of September 28, 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 John Doran requested the Clearwater Beach Association have a representative at meetings regarding the tropical seascape theme for Clearwater Beach. He provided copies of the architectural code for the Town of Seaside along with a book on the same subject. Staff is to include the Association in the meetings. Twelve citizens requested Commissioner Regulski be appointed to fill the remainder of his term. Bill Morris spoke in opposition to the sign code. Bill Jonson and Bill Tompkins complimented the Commission for their stand on the sign code. Bob Wright expressed concern regarding investment in property at East End Project. PUBLIC HEARINGS ITEM #8 - Public Hearing & First Reading Ord. #5291-92 - Vacating Westerly 3' of the landscape, drainage and utility easement lying along the E lot line of Lot 4, Braeside Place Sub., 3418 Braeside Place (Byron/Taylor V92-18)(PW) The applicant's house encroaches approximately 1.9 feet into the existing easement. The applicant is requesting the westerly 3.0 feet of the existing easement be vacated to eliminate the structural encroachment. The Building Official reports "the house was built in 1985, with the pool and screen enclosure being added in 1986". This house was constructed prior to the recently instigated process whereby impending encroachments are more readily discovered and precluded. The City has no existing utilities within this easement. Florida Power, General Telephone and Vision Cable have no objection to this vacation request. Commissioner Fitzgerald moved to approve the vacation of the westerly 3.0 feet of the landscape, drainage and utility easement lying along the east side of Lot 4, Braeside Place Subdivision. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5291-92 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5291-92 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. ITEM #9 - Alcoholic Beverage Distance Separation Variance for property (Jose's Mexican Restaurant) located at 2097 Drew St., Central Park Resub., part of Tract A (Remprop, Inc. AB92-15)(PLD) The applicants are requesting an alcoholic beverage distance separation variance to permit Jose's Mexican Restaurant a new 2-COP alcoholic beverage license. The proposed hours of operation are from 11:00 a.m. to 11:00 p.m., Mondays through Sundays. The variance is required because the subject property is located closer than 300 feet of RM-16 and RS-8 zoning districts. The subject property is a family restaurant and the applicants want to supplement their food services with beer and wine. There will be no outdoor seating and no entertainment. No additional parking spaces will be required as the applicants utilize the existing 98 spaces available at this commercial strip development. The applicants obtained a conditional use permit from the Planning and Zoning Board on September 15, 1992, subject to the following conditions: 1) The requisite occupational license shall be obtained within 6 months from the date of this public hearing; 2) The sale of alcoholic beverages shall be limited to consumption on premises only with no package sales; 3) The applicant shall obtain approval from the Commission for any requisite separation variance; and 4) The sale of beer and wine for on premises consumption shall be prohibited after 11:00 p.m. The Police Department anticipates no problems for this use. The Traffic Engineer has no objections to this request. It was noted the owner of the apartment complex directly behind the restaurant is in favor of this request. Commissioner Deegan moved to approve a variance of 220 feet to allow alcoholic beverage sales 80 feet from a residential zone. The motion was duly seconded and carried unanimously. ITEM #10 - Variances to Sign Regulations for property (Oakbrook Village) located at 2225 Nursery Rd., Oakbrook Village Condo (Oakbrook Condominium Assoc. of Clwr, Inc. SV92-17)(PLD) The applicant is requesting variances to permit four non-conforming subdivision signs for the Oakbrook Condominium Association to remain after October 13, 1992. These signs are located in the residential development as follows: two are positioned on either side of the entrance drive fronting on Belcher Road; one is located at the northwest portion of the property fronting on Nursery Road; and one is located at the northeast portion of the property fronting on Nursery Road. The subject subdivision signs are contributory to the architectural theme of the residential development and have been in place for approximately 20 years. The signs are constructed of masonry block and brick. Under the new code regulations, the two signs on Belcher Road are conforming but the other two signs are not associated with specific entrances and are not conforming. Jim Polatty, Planning & Development Director, felt this request was minimal as it constituted an integral part of the overall landscaping/design theme for the property. Margaret Becker, representing the applicant, submitted photographs of the existing signage. Discussion ensued in regard to the standards used in reviewing sign variance requests and their intent to discourage visual pollution and/or sign clutter. An opinion was expressed the existing signage is integrated into the building and landscaping, serves a purpose and is not obtrusive. Commissioner Regulski moved to approve a variance of 2.84 feet to the height of each of the four subdivision signs; a variance of 2.24 square feet to the total surface area of the signs; a variance to allow the four signs; and a variance of 125 feet to permit a subdivision sign to be located 25 feet from another such sign on the same property subject to: There shall be no modifications to these existing signs. The motion was duly seconded and carried unanimously. ITEM #11 - Variances to Sign Regulations for property located at 27001 US19N, Sec. 30-28-16, M&B 41.03 (J.C. Penney Co., Inc. SV92-19)(PLD) The applicant is requesting three variances to permit an existing directional wall sign and four existing nonconforming business identification wall signs to remain after the October 13, 1992 amortization period. The signs are attached signs located on the J.C. Penney store in Countryside Mall. Under the revised (1992) sign regulations, the store would be permitted to have three of the four business identification signs at their current size after applying the sign bonus provision (the store is setback over 500 feet from any adjoining property boundaries). The new regulations would not allow the two signs that exist on the east side of the store, but one of these signs could remain. The directional sign could be classified as an attached sign and would also be permitted to remain under the revised regulations. Staff's recommendation for the requested variances would allow three "J.C. Penney" signs to remain, one each on the north, east and south sides of the business. The directional sign would also be allowed to remain. The only modification to signage the store would have to undertake to achieve compliance with the revised regulations would be the removal of one of the two large "J.C.Penney" signs on the east side of the property. Removal of this sign would still allow the store to be adequately identified by the remaining large attached sign. Timothy Johnson, Jr., attorney representing the applicant, indicated the two signs on the back side of Penney's are only seen by the customers of the mall and felt they did not add to the visual clutter. Discussion ensued that a single sign on the east side of the property provided adequate identification and there was no need to allow the second sign. An opinion was expressed the requested signage was not objectional as they were neat and scaled. Commissioner Regulski moved to approve variances for one business identification sign to permit four such signs and 329 square feet of business identification signage to permit a total of 681 square feet of such signage and approve a variance of 3.25 square feet to permit a directional sign containing 6.25 square feet for the subject property. The motion died for lack of a second. Commissioner Fitzgerald moved to deny variances for one business identification sign to permit four such signs and 329 square feet of business identification signage to permit a total of 681 square feet of such signage and approve a variance of 3.25 square feet to permit a directional sign containing 6.25 square feet for the subject property. The motion was duly seconded and carried unanimously. ITEM #12 - Variances to Sign Regulations for property (Countryside Mall) located at 27001 US19N (formerly 2601 US19N), Sec. 30-28-16, M&B 41.01, 41.02, 42.02 & 42.03 (Bellwether Properties of Florida, Ltd SV92-20)(PLD) The applicant is requesting a variance to permit a 60 foot high sign instead of a 24 foot sign as allowed by code. The sign would replace the existing freestanding sign located at the southwest corner of the Countryside Mall property; this sign has been temporarily removed due to the road construction project. The application indicates the variance request stems from the fact there is an overpass being constructed for US19 at Countryside Boulevard which is eliminating the existing sign and also because of the new overpass for US19 at S.R.580. The application states the "crown height of the two overpasses will be approximately 25 to 30 feet"; the applicant feels the location and height of these two overpasses and the size of the mall necessitate the additional sign height. Effective on October 13, 1992, the new sign regulations permit a height bonus as follows: the allowable height (now 20 feet in the CC district) may be increased for freestanding signs on properties which front on overpasses or elevated roadways a maximum of ten feet above the crown height of the overpass or elevated roadway as measured from a point on the roadway that is perpendicular to the sign location. The Public Works Department reports the plans for US19 indicate the crown height of the point of the elevated roadway which will be near the sign location to be 14 feet. (Note: the highest point of this overpass will be 35 feet above Countryside Boulevard) Therefore, the bonus provision of the new code would permit the sign to be 34 feet in height. Denying the requested variance will allow the applicant to erect a conforming sign under the 1992 code. The Traffic Engineer has reviewed the request and has no objection to the proposed sign height from a traffic standpoint; however, he feels that it wouldn't make much of a difference to a motorist if the sign were to be 34 feet or 60 feet at the proposed location because unless FDOT were to erect a sign indicating specifically which exit to use for access to the Mall, a motorist will have to be aware of which exit(s) to use before the sign is visible or figure out which exit(s) to use after passing the sign and/or the mall. Therefore, the Traffic Engineer does not feel the additional sign height is necessary or justified. Timothy Johnson, Jr., attorney representing the applicant, stated the sign is being relocated due to right-of-way taking by the Florida Department of Transportation (FDOT) for the overpasses at U.S. 19 at S.R. 580. The proposed location is the only suitable one as U.S. 19 is a super highway with difficult turnarounds. This sign would be the only sign located along this stretch of U.S. 19 and S.R. 580. He submitted a diagram of the area once the overpass is constructed and its site line expressing concern regarding visibility for south bound traffic on U.S. 19. He felt the request was minimal due to the size of the mall and being located on a double overpass. A representative from the sign company indicated the traffic flow and visibility conditions after the overpass is constructed will be similar to traveling on an interstate. Discussion ensued in regard to moving the sign further to the north and obtaining an easement from Sears. Mr. Johnson indicated there are ownership issues that would prevent this. Bill Kerns, manager of the mall, said reconfiguring the area to relocate the sign would result in the loss of parking spaces. An opinion was given this is a unique area as the sign will be located in a valley between the two overpasses and will be the only sign for a considerable distance. Discussion ensued in regard to whether the state would erect an identification sign and it was indicated this is not known. Commissioner Fitzgerald moved to approve a variance of 36 feet to permit a sign 60 feet in height where 24 feet is allowed for the subject property. The motion was duly seconded and carried unanimously. Discussion ensued in regard to right-of-way taking of property by FDOT and a request was made, when a sign variance is being requested for the relocation of a sign due to right-of-way taking, that information be obtained from FDOT regarding what business damages have been paid to the business in connection with the lost sign. ITEM #13 - Variances to Sign Regulations for property (Beachcomber Restaurant) located at 447 Mandalay Ave., Clearwater Beach Park First Add., Blk B, Lots 16-23 & vacated alley and Replat of Clearwater Beach Park First Add., Blk A, Lots 12-15 (Heilman SV92-21)(PLD) This request is to permit the existing freestanding signage associated with Bob Heilman's Beachcomber Restaurant to remain. This signage includes a "main" freestanding sign located along Mandalay Avenue which consists of two separate sign panels and a "parking lot" sign located on Poinsettia Avenue which contains 49.8 square feet. Neither of these two signs meets the requisite five foot setback from the property line. Under the 1985 Sign Code, no freestanding signs are permitted in the Beach Commercial zoning district. Under recent revisions to that code, freestanding signs are permitted in the Beach Commercial district if the signs do not exceed 50 square feet in area or 20 feet in height and are associated with a property in which a building setback of 15 feet across 100 percent of the property frontage is provided. All such signs must meet the five foot setback from property lines. Along Mandalay Avenue, the business is well identified with a 46.7 square foot attached sign. Direction to parking could be provided in a conforming fashion through the erection of a standard three square foot directional sign. In reviewing this request, staff has considered both the 1985 Code, under which the request was received, and the 1992 Code which has just taken effect. Staff finds the "parking lot" sign to be minimally nonconforming. Relocation of this sign in a conforming fashion elsewhere on the property without the loss of a parking space does not appear feasible. Given the minimal degree to which this sign is nonconforming, staff therefore feels a variance is justified. Concerning the "main" sign, staff finds this sign is a clear violation of the new Code's performance standards for freestanding in the Beach Commercial district. Removal of this sign still results in the business being able to adequately identify itself along Mandalay Avenue in a manner which conforms to the new Sign Code requirements. Bob Heilman, Jr., restaurant owner, stated the restaurant opened in 1948, is unique in that it provides onsite parking (one of the few restaurants on the beach to do so), has received architectural design awards for the sign, that the signs compliment each other, the request is minimal and will cause no adverse impact on the neighborhood. In response to a question, it was indicated a wall sign is permitted on the south side of the building. Harry Cline, attorney representing the applicant, stated due to historic value it is difficult for the property to provide the necessary setback, the main sign serves as a directional sign identifying the business and designating the parking area thereby benefitting motorists, the property fronts on three streets and is approximately one acre in size, relocating the sign 5 feet from the property line would not give any visibility on Mandalay or Papaya and relocating the sign on the southeast corner would result in the loss of parking. He said the sign facade will not be changed. In response to a question, Mr. Cline indicated the main sign is not oversized and can barely be seen above the canopy. An opinion was expressed the signage fits the contour of the location. Commissioner Deegan moved to approve variances to permit existing parking lot sign to be located zero feet from the property line and to permit the "main" freestanding sign to be located less than five feet from the property line, to allow a property identification sign where none is allowed, and 10.7 square feet to permit a 13.7 square foot directional sign subject to the Mandalay Avenue sign design and face remaining the same. The motion was duly seconded and carried unanimously. ITEM #14 - Amendments to the CDBG Final Statement for 1990-91 (PLD) ITEM #15 - Amendments to the CDBG Final Statement for 1991-92 (PLD) The Neighborhood Advisory Committee (NAC) was scheduled to review these program amendments at its meeting of October 12, 1992. Due to a lack of a quorum, no action was taken at this meeting. A meeting has been rescheduled for October 20 and staff is requesting these items be continued. Commissioner Deegan moved to continue these items to the next regularly scheduled meeting of November 5, 1992. The motion was duly seconded and carried unanimously. Public Hearing - Second Reading Ordinances ITEM #16 - Ord. #5269-92 - Annexation for property located at 1836 Brentwood Dr., Lake Lela First Add., Lot 5, 0.25 acres (Johnston A92-09) The City Attorney presented Ordinance #5269-92 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5269-92 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. ITEM #17 - Ord. #5270-92 - Land Use Plan Amendment to Low Density Residential for property located at 1836 Brentwood Dr., Lake Lela First Add., Lot 5, 0.25 acres (Johnston LUP92-16) The City Attorney presented Ordinance #5270-92 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5270-92 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. ITEM #18 - Ord. #5271-92 - RS-4 Zoning for property located at 1836 Brentwood Dr., Lake Lela First Add., Lot 5, 0.25 acres (Johnston A92-09) The City Attorney presented Ordinance #5271-92 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5271-92 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. ITEM #19 - Ord. #5272-92 - Annexation for property located at 1216 Duncan Ave. S., Oak Acres Add., Blk E, Lot 6, 0.35 acres (Bacun A92-08) The City Attorney presented Ordinance #5272-92 for second reading and read it by title only. Commissioner Regulski moved to pass and adopt Ordinance #5272-92 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. ITEM #20 - Ord. #5273-92 - Land Use Plan Amendment to Low Density Residential for property located at 1216 Duncan Ave. S., Oak Acres Add., Blk E, Lot 6, 0.35 acres (Bacun LUP92-15) The City Attorney presented Ordinance #5273-92 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5273-92 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. ITEM #21 - Ord. #5274-92 - RS-6 Zoning for property located at 1216 Duncan Ave. S., Oak Acres Add., Blk E, Lot 6, 0.35 acres (Bacun A92-08) The City Attorney presented Ordinance #5274-92 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5274-92 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. ITEM #22 - Ord. #5275-92 - Annexation for property located at 2989 Union St., Sec. 5-29-16, M&B 11.08, 2.5 acres (Sylvan Abbey Memorial Park A92-10) The City Attorney presented Ordinance #5275-92 for second reading and read it by title only. Commissioner Regulski moved to pass and adopt Ordinance #5275-92 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. ITEM #23 - Ord. #5276-92 - Land Use Plan Amendment to Public/Semi-Public for property located at 2989 Union St., Sec. 5-29-16, M&B 11.08, 2.5 acres (Sylvan Abbey Memorial Park LUP92-17) The City Attorney presented Ordinance #5276-92 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5276-92 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. ITEM #24 - Ord. #5277-92 - P/SP Zoning for property located at 2989 Union St., Sec. 5-29-16, M&B 11.08, 2.5 acres (Sylvan Abbey Memorial Park A92-10) The City Attorney presented Ordinance #5277-92 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5277-92 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. CITY MANAGER REPORTS CONSENT AGENDA (Items #25-44) - Approved as submitted. Agreements - Approved. ITEM #25 - Agreement with AT&T Credit Corporation to provide a $4.5 million line of credit to cover all planned lease purchase equipment acquisitions for fiscal 1993; authorize all uncompleted equipment acquisitions previously approved for financing under the agreement which expired on 9/30/92 to be financed under this new agreement provided all other terms and conditions of the original approval remain unchanged (AS) ITEM #26 - Renewal Agreement with Bryant, Miller and Olive, P.A., to serve as City's bond counsel for a period of two years (AS) ITEM #27 - Renewal Agreement with Raymond James and Associates to serve as City's financial advisor for a period of two years (AS) ITEM #28 - August 25, 1992, Phase III Settlement Agreement with Florida Gas Transmission (GAS) ITEM #29 - Agreement with Clearwater Bay Marine Ways, Inc., for the collection of daily launch fees at Seminole Street Launching Ramps for the period 12/1/92-12/1/97, for 25% of fees collected (MR) Bids & Contracts - Awarded. ITEM #30 - Annual contract for purchase of premium and diesel fuel from Louis Dreyfus Energy Corp., Atlanta, GA, for the period 10/16/92-10/15/93, at an est. $555,000 (GS) ITEM #31 - Purchase of 25 - 1993 Ford Crown Victoria Police Pursuit Vehicles from Don Reid Ford, Inc., Maitland, FL, for $332,300; financing to be provided under City's Master Lease Purchase Agreement with AT&T Credit Corp. (GS) ITEM #32 - Contract for maintenance of Gaylord Galaxy automated library system to Gaylord Systems, Syracuse, NY, at an annual cost of $28,082 to commence upon installation date (LIB) ITEM #33 - Purchase of 14 - 1993 Ford Crown Victoria Police Pursuit Vehicles from Don Reid Ford, Inc., Maitland, FL, for $186,088; authorize a lease purchase thru AT&T Credit Corp. for 5 of the vehicles (PD) ITEM #34 - Contract with Everett S. Rice, Pinellas County Sheriff, to provide Crime Scene Services and Evidence and Property Storage to the City's Police Dept., for the period 1/1/93-12/31/93, for $240,000 (PD) ITEM #35 - Extension of contract for copier services with Pitney Bowes, Inc., Tampa, FL, for the period 11/1/92-10/31/93, at an est. $84,000 (PIO) ITEM #36 - Purchase and installation of Playground Equipment for Woodgate Park and Ray Green Park from Miracle Recreation Equipment Co., for $35,671.58 (PR) Citizens & Staff Requests - Approved. ITEM #37 - Increases to the minimum and maximum SAMP Pay Plan ranges in variable amounts as recommended by the Human Resources Director and the City Manager (HR) Change Orders - Approved. ITEM #38 - C.O.#1 to the 1991 Gunite Restoration Contract - Phase 2 to General Gunite and Construction Company, decreasing the amount by $3,498.88 to a new total of $113,848.15 and extending the contract time by 23 additional days (PW) ITEM #39 - C.O. #1 to the 1992 Street Resurfacing Contract to R.E. Purcell Construction Company, Inc., increasing the amount by $377,862 for a new total of $1,134,629.29 and approval of a time extension of 80 days to complete this work (PW) Receipt & Referral - Received and Referred. ITEM #40 - Staff Presentation re: North Myrtle and North Fort Harrison Avenue neighborhood zoning study (PLD) Agreements, Deeds & Easements - Accepted. ITEM #41 - Quit-claim deed - Sec. 29-28-16; Sabal Springs Drive (Westchester Development Corp.) ITEM #42 - Sidewalk easement - S 1.5' of Lots 2 & 3, Blk A, Norwood Subdivision 1st Addition (Hooks) ITEM #43 - Sidewalk easement - S 1.5' of Lot 4, Blk A and S 1.5' of Lots 1, 2, 3, 6, 7 & 8, Blk B, Norwood Subdivision 1st Addition (Hunt) ITEM #44 - 10' sanitary sewer easement - Parcel of land in SE 1/4 of Sec. 21-28-16 (City of Safety Harbor) Major bids and contracts were noted. Commissioner Fitzgerald moved to approve the Consent Agenda as submitted and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. OTHER ITEMS ON CITY MANAGER REPORT ITEM #45 - Res. #92-61 - amending Res. #85-82 to change the discharge location of liquid waste from septic tanks from the Marshall Street AWT Facility to the Northeast AWT Facility (PW) Resolution #85-82 established an official discharge point for liquid waste removed from septic tanks by private haulers. At that time the Marshall Street Wastewater Treatment Plant was the most effective discharge point. Due to changes in plant equipment, plant processes and operations at the Marshall Street and Northeast AWT Facilities, the WPC Division is no longer accepting liquid waste discharges from private septic tank companies at the Marshall Street Facility. All wastes from septic tank companies are now being accepted at the City's Northeast Facility only. Resolution #92-61 amends the language of Resolution #85-82 to change the liquid wastes discharge location from the Marshall Street Facility to the Northeast Facility. Commissioner Fitzgerald moved to change the discharge location of liquid wastes from septic tanks from the Marshall Street AWT Facility to the Northeast AWT Facility. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #92-61 and read it by title only. Commissioner Fitzgerald moved to pass and adopt Resolution #92-61 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. ITEM #46 - (Cont. from 10/1/92) Contract for 16MM micrographic services to tmc Micrographic Services, Inc., Tampa, FL, for the period 10/1/92-9/30/97, at an est. $35,000 for 92/93 budget year (CLK) This item was continued from the meeting of October 1, 1992 to clarify the state law in regard to a "respect bid." The present vendor, Anacomp, has been performing this service since January 1991 but declined to renew their contract. Bids were received from six vendors with the following being the lowest: 1) tmc Micrographic Services, Inc.; 2) Micro Image, Inc.; and 3) UPARC. Site visits were made to the three lowest bidders and references were checked. The low bid was determined by projecting costs based on likely volumes of use of each item. In both scenarios used, tmc Micrographics Services, Inc. was the lowest overall bidder. The City Clerk stated staff was informed by the Assistant Director of Services for Respect of Florida that UPARC did not follow the proper procedures and the City is not obligated to go with them. The City Clerk explained the procedures indicating one option under Respect would be for Respect to check with the lower bidders to see if they would have any objection to awarding the contract to UPARC. Tom Pagnini, low bidder, indicated the "respect bid" price thought to be competitive by Respect of Florida is 30 percent higher than his bid. In response to a question, he said he would object to the bid going to UPARC. Commissioner Fitzgerald moved to award the contract to tmc Micrographics, the low bidder. The motion was duly seconded and carried unanimously. A request was made that staff find out other services offered by UPARC and to make sure that they are informed of the "respect bid" process. ITEM #47 - Environmental Advisory Committee - Commissioners Appointees (CLK) When the Environmental Advisory Committee (EAC) was originally established in 1990, it was stated the members appointed by individual Commissioners would have three year terms. This policy was discussed at the October 12, 1992 worksession and it was determined this policy should be changed to have the individual Commissioner appointees serve at the pleasure of the appointing Commissioner and the EAC member's term end when the appointing Commissioner leaves the Commission. Commissioner Regulski moved that individual commissioners appointees serve at the pleasure of the appointing commissioner and the committee member's term ends when the appointing commissioner leaves the Commission. The motion was duly seconded and carried unanimously. ITEM #48 - Other Pending Matters a. Emergency Repair - Former Maas Brothers Building - Precast Panel Veneer Removal During the second week of October, 1992 the City's Building Maintenance Division discovered that debris was falling from portions of the precast veneer panels on southerly and easterly walls of the former Maas Brothers Building. Subsequent examination determined the panel attachments were corroded and separating from the structural walls. The sidewalk areas adjacent to the building were immediately closed until repairs could be accomplished. Laboratory analysis determined no asbestos materials were present in the panel materials and therefore, conventional construction and disposal methods could be used to remove the panels. Seven bids were requested from area building construction contractors familiar with this kind of work and four bids were received. The lowest bid received was from Creative Contractors. Due to the closure of the public sidewalk areas and potential danger from falling debris, emergency approval of contract award to Creative Contractors is requested. The first quarter, FY1992/93 Budget Review will include an amendment to transfer $34,900 of Undesignated Special Development Revenues, Maas Brothers Operating Expenditures, to provide funds for this contract. Commissioner Regulski moved to ratify and confirm the City Manager's award of contract for Emergency Repair and Removal of Former Maas Brothers Building Precast Panel Veneer to Creative Contractors, Inc. of Clearwater, Florida, in the amount of $34,900. The motion was duly seconded. In response to questions, Public Works Director Bill Baker, indicated the problem was not caused by the City's initial inspection of the building. Upon the vote being taken, the motion carried unanimously. CITY ATTORNEY REPORTS First Reading Ordinances ITEM #49 - Ord. #5285-92 - Vacating Spruce Avenue between Blk 2 and Blk 3, J.H. Rouse Subdivision (Jimmie V92-07) The City Attorney presented Ordinance #5285-92 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5285-92 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. Resolutions ITEM #50 - Res. #92-62 - Assessing property owners the costs of mowing or clearing owners' lots The City Attorney presented Resolution #92-62 and read it by title only. Commissioner Deegan moved to pass and adopt Resolution #92-62 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. ITEM #51 - Res. #92-64 - Dedicating conservation easement across city-owned property currently leased to Chi Chi Rodriguez Youth Foundation, Inc. The City Attorney presented Resolution #92-64 and read it by title only. Commissioner Fitzgerald moved to pass and adopt Resolution #92-64 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. ITEM #52 - Other City Attorney Items A. Assistant City Attorneys' Salaries The City Attorney reviewed his recommendations: (1) remove the position of Assistant City Attorney from the salary ranges established in the SAMP plan; (2) increase the base salary of each of the Assistant City Attorneys by 8 percent, effective as of October 1, 1992; (3) establish October 1st as the effective date each year for salary adjustments for the Assistant City Attorneys; and (4) request the Human Resources Department to conduct a salary survey among the local governments of Florida to determine how the City's salary structure compares with comparable positions elsewhere. An opinion was given that 8 percent was excessive. Discussion ensued in regard to recommendation (4) and it was felt a survey should be done to determine the market price for each assistant city attorney depending upon the variety of duties he performs. Concern was expressed regarding not staying within the 5 percent budgeted for salary increases in the legal department. The City Attorney stated a budget amendment could be made to transfer funds from somewhere else in the legal department's budget and would not increase his overall budget. Opinions were expressed the assistant city attorneys should be in some form of modified SAMP plan in order to provide guidelines and salary ranges. In response to a question, it was indicated the City Manager has the authority to make adjustments within ranges and it was felt the City Attorney should work under the similar guidelines when making adjustments for his asssistants. Commissioner Berfield moved that the Human Resources Department conduct a salary survey among the local governments of Florida to determine how the City's salary structure compares with comparable Assistant City Attorney positions. The motion was duly seconded and carried unanimously. Commissioner Berfield moved to establish October 1st as the effective date each year for salary adjustments for the assistant city attorneys. The motion was duly seconded and carried unanimously. Commissioner Regulski moved to limit the total salary increase for the assistant city attorneys to 5 percent as budgeted. The motion was duly seconded. Discussion ensued regarding the effect of the motion. It was indicated the City Attorney does not have to give all three assistants the same percentage increase as long as the total increase does not exceed 5% of the current total assistant city attorneys salaries. It was stated if the salary survey shows a need to further adjust the assistant city attorneys salaries this can be done with a mid-year budget amendment. Upon the vote being taken, the motion carried unanimously. It was stated the Commission would like to have an Assistant City Attorney SAMP plan with salary ranges separate from the City's SAMP plan. It was indicated there could be three separate ranges if the salary survey and job responsibilities warrant. Direction was given to the City Attorney to come back to the Commission regarding suggested salary ranges after the salary survey is completed. B. Pope v. City of Clearwater This is the case in which a utility system customer has filed a class action in federal court seeking interest on utility deposits, which we earn but do not credit back to the customers, and challenging our practice of charging new residential customers at existing service addresses according to the prior customer's service history, while residential customers at new addresses are charged a minimum deposit. The plaintiffs proposal is summarized as follows: (1) the City will agree to pay interest on deposits prospectively from October 1, 1992 and will amend the City code and their deposit receipts to reflect that decision; (2) the City will change its practice of charging deposits so as to treat new and existing residential structures alike; (3) the plaintiffs would waive their claim for interest prior to October 1, 1992; and (4) they are asking for attorney's fees in the amount of $200,000 plus out-of-pocket expenses which they indicate are slightly in excess of $2,400. The City Attorney found the proposal attractive recommending $185,000 in attorney's fees. He said this proposal is a relatively economical way to settle the claims against the City and avoid the possibility of faring substantially worse if the case goes to trial, and because it allows the City to do something which some members of the public may believe should have been done before now. He felt the effective date of paying interest was negotiable. It was pointed out that not paying interest on utility deposits has saved the taxpayers money. Commissioner Regulski moved to authorize a settlement in the amount of $185,000 in attorney's fees plus $2,437.65 in expenses. The motion was duly seconded and carried unanimously. The City Manager indicated he will spread these charges over the utility funds. ITEM #53 - City Manager Verbal Reports A. Jolly Trolley Status Report The City Manager reported the Beach to Downtown express began today and reviewed the route. He reported the report on the Kravas property has been received and the property is environmentally clean and design of the parking lot will begin. ITEM #54 - Other Commission Action Commissioner Deegan requested, when the minister who is to give the invocation is unable to attend, an invocation still be given by a volunteer. He asked the City Attorney to review the situation regarding the Elliotts' rehabilitation loan and to report whether he feels any problems in City procedures that may have existed have been corrected. He asked the Commission consider appointing Commissioner Regulski to fill the remainder of his term. Some opinions were expressed that this would circumvent the intent of the state law that required his resignation. There was no consensus to do so. Mayor Garvey announced the schedule of Jazz Holiday and encouraged everyone to attend and to also stop by the art galleries along Cleveland Street that have just opened. ITEM #55 - Adjournment The meeting adjourned at 8:58 p.m.