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06/14/1994 CITY COMMISSION MEETING June 14, 1994 The City Commission of the City of Clearwater met in regular session at City Hall, Tuesday, June 14, 1994 at 9:00 a.m., with the following members present: Rita Garvey Mayor/Commissioner Fred A. Thomas Vice-Mayor/Commissioner Richard Fitzgerald Commissioner Sue A. Berfield Commissioner Arthur X. Deegan, II Commissioner Also present: Elizabeth M. Deptula City Manager Kathy S. Rice Deputy City Manager William C. Baker Assistant City Manager Alan Zimmet Interim City Attorney (left meeting at 10:06 a.m.) Miles A. Lance Assistant City Attorney (arrived at 12:05 p.m.) Cynthia E. Goudeau City Clerk The Mayor called the meeting to order and led the Pledge of Allegiance. The invocation was offered by William C. Baker, Assistant City Manager. 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 Four service awards were presented to City employees. The City Clerk administered the oath of office to six Police Officers. ITEM #4 - Interim City Attorney Report The Interim City Attorney, Alan Zimmet, reported the City Attorney Selection Committee has selected a short list of five candidates for consideration as the City Attorney. Sixty resumes had been received. All final candidates are members of the Bar, in good standing. Mr. Zimmet reviewed his recent accomplishments. He has completed an organization chart that includes each attorney's responsibilities and assignments. Each outside counsel has been reviewed, including a case evaluation, a defense plan and budget for each case. Each outside attorney will need to justify any budget increase or change in defense. His report regarding enforcement of the Adult Use & Anti-nudity Ordinances has been prepared. He has coordinated with Alan Ferri, Community Development Manager, an inhouse collection of delinquent mortgages. He stated foreclosures will begin in 30 to 45 days. Commissioner Berfield questioned if the Commission could help Mr. Zimmet. He stated not at this time. He reported he has been in the position for eight weeks and is trying to decrease his number of work hours. Commissioner Thomas questioned the City Attorney Selection Committee's recommendation against using an Assessment Center because the Commission ignored the results the last time it was used for City Attorney selection. Mr. Zimmet felt the previous Commission placed more imporatance on the interview than to the results of the Assessment Center. He stated the Committee was intrigued by the idea of a two day assessment. He personally felt the assessment was accurate. Mayor Garvey agreed it was a valuable tool. Mr. Zimmet stated his only reservation was that it required a great deal of effort and Commissioners had not considered the results. He suggested the Committee would otherwise recommend using the Assessment Center. Commissioner Fitzgerald requested a description of the Assessment Center. Mr. Zimmet explained the assessment includes exercises such as an in-basket, a counseling exercise with a troubled employee, and a presentation to the City Commission. Mayor Garvey noted this is not atypical in the City's hiring process. The City Manager indicated Clearwater uses this method when interviewing for other key positions. Mike Laursen, Human Resources Director, reported Dr. Simmons, Human Resources Manager, is trained in developing such assessments. Commissioner Thomas requested the City Attorney Selection Committee head the development of an Assessment Center with Human Resources playing a support role. Mr. Zimmet expressed concerns that Committee Members would be unable to volunteer as much time as would be necessary. He did not foresee any problem with the attorneys participating in a mock City Commission meeting. He reported the Committee, as a group, expressed a strong opinion that lay people should reach the final judgement regarding the position. The Interim City Attorney stated Committee members knew some of the candidates but no one knew every finalist. He reported all five candidates are strong but each has a different personality. He said only the Commission can establish the type of attorney it wants. Commissioner Deegan supported the Assessment Center process. He agreed attorneys could provide legal guidance but felt the technical process belongs in the hands of Human Resources. Commissioner Thomas questioned how long the process would take. Mr. Laursen stated it would take several weeks for Human Resources to coordinate the materials, assessors and role players. He estimated the Assessment Center would be ready to be administered in one month. Commissioner Berfield questioned when the results would be available. Mr. Laursen indicated they would be completed within a couple of days after the Assessment Center. He thought the City Commission could begin interviewing candidates on August 1, 1994. Commissioner Deegan suggested the Commission may want to reduce the size of the list prior to the administration of the Assessment Center. Mayor Garvey questioned why the Committee settled on a list of five. Mr. Zimmet stated all five were qualified and the Committee wanted to offer the Commission a variety of choice. Commissioner Deegan questioned if the Committee interviewed any of the candidates. Mr. Zimmet stated the Committee did not interview any candidates but did have all references checked. Commissioner Deegan questioned if Committee members were familiar with each candidate from Florida. Mr. Zimmet stated two finalists were known by two or three Committee members. Commissioner Fitzgerald said the Assessment Center should be headed by Human Resources. He felt the results were an important part of the interview process and recommended the interview be a last step, not part of the Assessment Center. Mayor Garvey suggested the Assessment Center could be scheduled for a Thursday and Friday followed by weekend interviews. Commissioner Fitzgerald indicated he wanted more time to analyze the results of the Assessment Center before interviewing candidates. Commissioner Deegan questioned if the Assessment Center must precede interviews. Mr. Laursen stated that chronology was traditionally followed by the City. Commissioner Deegan pointed out that questions asked during interviews could be biased by the Assessment Center results. He felt the results should be used to verify objectively, opinions developed during the interviews. He warned against basing the final decision on the Assessment Center results. Mayor Garvey felt the process would be valid either way. Mr. Laursen suggested the Commission could interview candidates before and after the Assessment Center. Commissioner Fitzgerald indicated he wanted all available information on the candidates prior to interviewing them. Commissioner Berfield spoke in favor of the Assessment Center. She noted Hildebrandt's report noted a managerial shortage in the Legal Department. She felt this process would evaluate important skills. Mr. Zimmet stated the Committee was aware of the City Commission's concern and included questions regarding management skills during the reference checks. Commissioner Berfield questioned if Mr. Zimmet, who had once participated in the exercise, felt the Assessment Center fairly judged managerial skills. Mr. Zimmet felt it was a fair exercise and provided an accurate reflection of a candidates managerial skills. He felt some improvements could be made in the communication of test directions. Mr. Laursen stated Dr. Simmons would contact the Commission to determine what is important to each. Commissioner Thomas stated he wanted Mr. Zimmet to be an integral part of the process. He supported interviewing candidates before and after the Assessment Center. Commissioner Fitzgerald questioned if each Commissioner had to follow the same procedure. Commissioner Deegan stated he respected the right of each Commissioner to choose an interview schedule. Mr. Laursen indicated he would schedule the candidates for interviews with Commissioners while Human Resources develops the Assessment Center. Commissioner Deegan questioned if the assessment included a psychological profile. Mr. Laursen indicated it did. Commissioner Deegan noted Commissioners still had the prerogative to ask to see others not included on the short list. Mayor Garvey agreed. Mr. Zimmet noted Allen Fallik, whose resume is included, withdrew his application. Mr. Zimmet pointed out the City Attorney Selection Committee felt strongly that background checks should be done when the City Commission has chosen two or three candidates to consider. Commissioner Thomas questioned if obtaining background checks was expensive. Mr. Laursen indicated it was not. There was general agreement on the Commission that background checks should be done on all candidates on the City Attorney Selection Committee's short list. Mayor Garvey questioned the procedure should a Commissioner add a candidate to the list. It was agreed prior to a background check being done for an additional candidate, the Commission should approve adding the name to the short list at the July 18, 1994, meeting. Commissioner Thomas expressed surprise the Selection Committee did not interview any of the candidates. It was the consensus of the Commission that Mr. Laursen should notify the candidates of their status as finalists, obtain releases for background checks, coordinate scheduling one on one interviews with Commissioners, and begin compiling the Assessment Center that will be given after July 18, 1994. Commissioner Thomas expressed concerns that Mr. Zimmet was shortchanging himself on his invoices to the City. Commissioner Thomas stated he will discuss this matter with him. Commissioner Thomas expressed concerns regarding the relationship between the City Attorney and the Commissioners. He felt the Commission had done a poor job overseeing the management of that Department and recommended a Commissioner be appointed as a liaison with the City Attorney. Commissioner Fitzgerald stated he would object to being cut off from the City Attorney's office. He doubted appointing a point of contact would improve the system. Commissioner Thomas noted problems with the management of the department. The Mayor stated the City Attorney is hired to manage the Legal Department. It is not the role of the City Commission. Commissioner Thomas stated he likes a "hands on" approach. He stated the City Manager's office communicates well with Commission members. He noted the Legal Department was ignored by the Commission for years. He recommended structures need to be created and encouraged the Commission to become involved with the City Attorney's office. Mayor Garvey recommended these suggestions be discussed further as the interview process continues. Commissioner Thomas felt it was an important matter to consider. Commissioner Deegan agreed the Commission needs to provide improved oversight of the Legal Department. He noted the results of the Hildebrandt study were an indictment of how the Commission manages that department. He did not think appointing a liaison was necessarily the proper action. Commissioner Berfield requested Mr. Zimmet formulate an opinion. Commissioner Thomas suggested this item be discussed during a workshop session. Commissioner Deegan questioned if Mr. Zimmet had received any direction other than direction received from the Commission as a whole. Mr. Zimmet indicated he had not. The Commission recessed from 10:06 a.m. until 12:05 p.m. to meet as the Pension Trustees and the Community Redevelopment Agency (CRA). ITEM #5 - Pension Trustees (10:06 to 10:07 a.m.) ITEM #6 - Convene as CRA (10:07 a.m. to 12:05 p.m.) ITEM #7 - Approval of Minutes Commissioner Fitzgerald noted the misspelling of "Stephan" on page 2, Item #6, paragraph 4 and 5. Commissioner Berfield moved to approve the minutes of the regular of May 31, 1994, as corrected and the special meeting of May 31, 1994, as submitted. The motion was duly seconded and carried unanimously. ITEM #8 - Presentations a) CommUNITY Campaign - This presentation is rescheduled for July 18, 1994. ITEM #9 - Citizens to be heard re items not on the Agenda - None CITY MANAGER REPORTS CONSENT AGENDA (Items #10-17) - Approved as submitted less Item #16. ITEM #10 - Contract for finance system software support to Ross Systems, Redwood City, CA, for the period 07/01/94- 06/30/95, for $50,880 (AS) ITEM #11 - Payment of $30,500 for upgraded license fee of Ross Finance System software modules to Ross Systems, Redwood City, CA (AS) ITEM #12 - Contract with Florida Center Community Design Research to develop a study of the Clearwater In-Fill Housing Program for $19,928 (ED) ITEM #13 - Contract with Florida Center Community Design Research to develop a study of the North Greenwood Commercial District for $19,916 (ED) ITEM #14 - Purchase of various sizes of steel gas pipe from Consolidated Pipe and Supply, Birmingham, AL, for the period 06/15/94- 06/14/95, for an estimated $160,870 (GAS) ITEM #15 - Purchase of yellow 2306 polyethylene gas pipe and fittings from: M.T. Deason Co., Inc., Birmingham, AL, at an estimated $307,579.90; Perfection Corp., Madison, OH, at an estimated $59,563.75; and Phillips Engineering Co., Inc., Clearwater, FL, at an estimated $30,629.75, for the period 06/15/94- 06/14/95, for a total estimated $397,773.40 (GAS) ITEM #16 - See page 7. ITEM #17 - Extension of contract with Solar Sanitation, Clearwater, FL, for hauling approximately 135 loads of recycled glass in 30-yard open-top containers from the Solid Waste Complex to a buyer in Lakeland, FL, for the period 07/01/94- 06/30/95, for an estimated $20,250(PW) Commissioner Thomas moved to approve the Consent Agenda as submitted less Item 16 and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The Commission recessed from 1:01 until 1:51 p.m. ITEM #16 - Work Order for services under existing contract with CDM for continuing hydrogeological investigation, for $272,470 (PW) On February 3, 1994, staff presented the Commission a water supply status report that included the results of a recent hydrogeological study. The Commission was advised: 1) Clearwater's best water lies under an area within a radius of two miles of the intersection of NE Coachman and Old Coachman Roads; 2) Constructing 250- 300 foot deep wells contributes to the degradation of water qualify in well field areas; 3) Fresh water may be pumped from a single well drawing from the Upper A Zone at a rate of 250,000 gallons per day with no apparent salt water upconing and up to 500,000 gallons per day with little upconing after ten years; 4) The maximum projected yield of the Clearwater area is 6 million gallons per day (MGD); 5) Drawing brackish water for the purpose of reverse osmosis - membrane filter treatment resulted in immediate and severe upconing of saline water; and 6) While the concentration of production from the Upper A Zone minimizes the upconing of poorer quality water, it increases the likelihood of other water quality problems such as iron. The study results show the City could reach its full 6 MGD potential with a step-by-step capital improvement program involving further hydrogeological study and construction of new wells for $2.9 million. The difference in annual costs of producing its own water and purchasing it from Pinellas County is so great ($1.6 million when the City produces 6 MGD) that the City can recoup its investment in two years. Even if the City spends $10 million for water treatment, it appears a favorable financial posture results. Mr. Baker reported the earlier study unsuccessfully looked for a brackish water supply. He stated the only way the City can go after its total supply of 6 MGD, is to complete this study. In a short time, the City would recoup its investment. Commissioner Deegan stated with the emphasis on water, citizens need to be aware of the City's efforts to address the problem. He disagreed with the prediction that the investment would be quickly recouped. He noted much more money would need to be spent prior to any increase in the City's water supply. Commissioner Deegan questioned why Task I needed confirmation when it had previously been completed. Mr. Baker explained Phase I studied one well. Phase II will study three different wells. Commissioner Deegan noted the contract's billing methods and questioned if the City ever included a "not to exceed" clause in CDM contracts. Mr. Baker explained they do. This work order is part of an ongoing contract with CDM and the City has the ability to do "cost plus." Commissioner Deegan questioned if CDM could exceed $272,470 without first receiving authorization. Mr. Baker said they could not. Commissioner Fitzgerald expressed concerns regarding the adverse effects of overpumping. Mr. Baker stated staff will confirm it is still possible to pump an additional two million gallons per day. Commissioner Fitzgerald reiterated his concerns with long term consequences. Mr. Baker stated the City will be building new wells. Commissioner Fitzgerald expressed concerns that the State will limit pumping and the City will not be permitted to use the proposed wells and proceed with this project. Mr. Baker agreed SWFMWD could make changes. Tom Hackett, Water Superintendent, reported SWFMWD wants Clearwater to pump as much of its own water as possible to limit the strain on other well fields. Mr. Baker stated the alternative was for the City to continue purchasing higher priced water from the County. He indicated no one can foresee when new restrictive rules might be imposed. He stated this study will identify what water treatment would work based on specific parameters. Commissioner Thomas noted the success Tampa is having with recycling treated water through wetlands. He questioned if this study would review that method. Mr. Baker indicated it would. Mayor Garvey noted the health department will not permit filling swimming pools with reclaimed water. She noted the use of reclaimed water just beginning in Oldsmar. Mr. Baker stated if was probably subsidized by their sewer system. Clearwater decided the expensive infrastructure to distribute recycled water should pay for itself. Commissioner Deegan moved to approve the Work Order for services under the existing contract with CDM for continuing hydrogeological investigation, for $272,470 and the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. OTHER ITEMS ON CITY MANAGER REPORT ITEM #18 - Res. #94-37 - authorizing execution of an addendum to interlocal agreement relating to membership in the First Florida Governmental Financing Commission (AS) On June 18, 1987, the City Commission authorized execution of an interlocal agreement with cities/counties creating the First Florida Governmental Financing Commission (FFGFC) to provide financing at lower interest by establishing a pooled program with a limited number of governmental units with similar credit worthiness and high investment grade ratings. The City's approximately $3 million of outstanding pool loans with the FFGFC is scheduled for payment in full on July 1, 1997. The agreement requires the City to approve admission for those wishing to join. The City of Hollywood seeks membership. Pinellas County and Manatee County have requested to withdraw. Neither county has outstanding loans with the FFGFC nor anticipates an immediate need for additional funds. The Assistant City Attorney presented Resolution #94-37 and read it by title only. Commissioner Fitzgerald moved to adopt Resolution #94-37. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey. "Nays": None. ITEM #19 - First Reading Ord. #5596-94 - Amending Section 1.12 and Chapter 15 relating to emergency management to make emergency resolutions enforceable by police and adding a gas emergency resolution (EM) Chapter 15, EMERGENCY MANAGEMENT, of the Code of Ordinances, authorizes activating resolutions necessary to control emergency conditions and establishes a standard proclamation for declaring a state of emergency. It has been determined if the proclamation and resolution included in the chapter were activated as written, the Police could not fully enforce it under State law. The proposed revision to the Code of Ordinances imposes specific penalties for failure to observe emergency proclamation requirements and resolutions relating to curfews and off-limit areas; suspension of the sale of alcohol, firearms and combustibles; price-gouging; water and gas emergencies; and rationing of essential goods and services. Resolution One was added as a separate emergency resolution for gas emergencies. To ensure that emergency declarations authorized by Chapter 15 are made in the most legally supportable and most efficient fashion, the chain of command set forth in Section 15.07 was reviewed. It is most proper for the chief elected government official or designated alternate to declare the state of emergency. The published chain of command ensures if the Mayor or Vice-Mayor are absent or unavailable, the City Manager or Assistant City Manager may declare any emergency authorized under Chapter 15 and activate the related emergency resolutions. The defined availability of the Mayor, Vice-Mayor, City Manager or other authorizing official will be based on the emergency's urgency. The chain of command is legally supportable and allows as rapid a response to emergency conditions as might be needed. All emergency declarations must be confirmed by City Commission action within five working days of declaration or at the next scheduled Commission meeting. Commissioner Thomas moved to approve the revision of Section 1.12 and Chapter 15, EMERGENCY MANAGEMENT. The motion was duly seconded and carried unanimously. The Assistant City Attorney presented Ordinance #5596-94 for first reading and read it by title only. Commissioner Thomas moved to pass Ordinance #5596-94 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey. "Nays": None. The City Manager reported a mock hurricane drill will be held on August 9, 1994. ITEM #20 - Res. #94-38 - authorizing execution of Statewide Mutual Aid Agreement for Catastrophic Disaster Response and Recovery (EM) Disaster conditions can cause profound levels of damage and disruption. An affected community's capability to restore order, render assistance to its citizens and repair the damage, is frequently overwhelmed. To meet the demands, massive assistance is needed from outside a community. No municipality can respond to catastrophic conditions without assistance. The State Division of Emergency Management developed a standard term of reference, the Statewide Mutual Aid Agreement for Catastrophic Disaster Response and Recovery. Developed within and under the provisions of the State Emergency Management Act, Chapter 25, Florida Statutes, this pact: 1) authorizes local governments to request aid through their County Emergency Management Agency by declaring a local state of emergency or by oral request of the assisting agency of the Division of Emergency Services; 2) assures all participating governments will render assistance to the fullest extent possible as determined by their own authorized representative; 3) provides for reimbursement of expenses by the requesting (receiving) agency/government; 4) establishes specific information requirements prior to rendering assistance; 5) outlines rules for providing: supervision of assisting agencies' personnel, food, housing, communications, equipment, materials and supplies and record keeping; 6) specifies payment sources and methods and establishes a 60-day time limit for requesting/making payment; and 7) requires all parties provide evidence of insurance. The City participates in a similar Statewide agreement for Public Works assistance and recently entered into a mutual aid agreement for gas systems. This proposed agreement would cover all forms of assistance including Police, Fire, Public Works, and other functions. Lack of an agreement has hampered efforts by governments to secure expense reimbursement in a timely, satisfactory fashion. Failure to participate could jeopardize Clearwater's ability to secure future assistance for disasters from governments and agencies participating in the agreement. The City Manager reported the agreement would establish ground rules for communities assisting one another. Mayor Garvey requested staff secure a copy of the film on Hurricane Andrew shown at the recent hurricane exposition for local broadcast. She questioned the impact of this agreement. Ms. Deptula said the State will coordinate aid relief. Commissioner Deegan questioned if the procedures detailed in the agreement conform to the City's current practices. Ms. Deptula stated the agreement includes the procedures the State requests communities to follow. Commissioner Deegan expressed concerns regarding the financial burden the City may be forced to carry should it be required to promptly reimburse other cities when it is funding local disaster relief. Commissioner Berfield moved to approve the Statewide Mutual Aid Agreement for Catastrophic Disaster Response and Recovery. The motion was duly seconded and carried unanimously. The Assistant City Attorney presented Resolution #94-38 and read it by title only. Commissioner Fitzgerald moved to adopt Resolution #94-38. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey. "Nays": None. ITEM #21 - First Reading Ord. #5630-94 - Relating to water shortages; amending sections 32.153 & 32.159, to adopt by reference water use restrictions relating to irrigation of lawns, landscaping and golf courses adopted by the Board of County Commissioners of Pinellas County that are more stringent than water use restrictions of the City for such activities; authorizing enforcement of Pinellas County water use restrictions and the imposition of penalties for their violation (PW) Pinellas County recently adopted water use restrictions that limit overhead irrigation of established lawns and landscaping to the hours of 5:00 a.m. to 9:00 a.m. and 7:00 p.m. to 11:00 p.m. At addresses ending in an even number or letters "A" through "M," watering is permitted during those hours on Tuesdays and/or Saturdays. At addresses ending in an odd number or letters "N" through "Z," or at locations with no addresses, watering is permitted during those hours on Wednesdays and/or Sundays. The County ordinance allows longer watering hours for those using private wells. The City ordinance does not. Clearwater is Pinellas County's major wholesale water customer. Staff recommends adopting the same restrictions for implementation on Clearwater Water System customers. Ordinance No. 5630-94 adopts the County water restrictions by reference and additionally authorizes enforcement of enhanced restrictions not referenced in the current ordinance. Ordinance No. 5630-94 permits the enforcement of future Pinellas County water use restrictions more stringent than the City's without additional ordinance modification. Mr. Baker reported use of shallow wells does not affect the County's well fields. Rules for City residents with shallow wells are more restrictive than County rules because shallow wells do affect City well fields. He also noted the difficulty for inspectors to distinguish the source of overhead irrigation. Commissioner Fitzgerald spoke in opposition to adopting restrictions different from the County. He felt it was easier for everyone to understand rules if they are the same. He noted the difficulty residents who live on the City's borders or near enclaves will face if they are required to follow rules different from their neighbors. Mr. Baker indicated a policy requiring the inspector to check for a pump would be inefficient. Commissioner Fitzgerald questioned if these restrictions would affect City residents who receive County water. Mr. Baker indicated only City water customers would be influenced. Commissioner Fitzgerald noted how confusing the rules are. Commissioner Thomas spoke against enforcing a dual set of rules for different water sources. He requested staff suggest SWFMWD adopt the City's hours. He also reported citizens have expressed concerns regarding water wasted in local restaurants. He recommended including in the ordinance the stipulation that water only be served in restaurants by request. Mayor Garvey recommended announcing this policy in a message rather than including it in an ordinance. Mr. Hackett reported the Chamber of Commerce once tried a water conservation campaign. Commissioner Thomas stated the Florida Keys have an insufficient water supply and everyone there is well informed of the importance of conservation. He suggested that including in the ordinance, a mandate that water use in commode tanks be restricted, would save water. The Mayor noted residents would conserve if the sewer rate were increased. She pointed out the difficulty in enforcing commode tank water restrictions. She suggested education would be effective. Ms. Deptula stated a public relations campaign could be instituted next month to encourage water conservation. Commissioner Berfield suggested information be included in water bills. Commissioner Thomas felt the public needs to be made more aware of the critical water shortage. It was the consensus of the Commission that a campaign on water conservation be established. The Mayor questioned the City's enforcement techniques. Mr. Hackett reported one full time employee works varied hours with the Police Department enforcing restrictions and issuing warnings and citations. Mayor Garvey suggested another employee could be hired during the summer to increase enforcement. Mr. Hackett replied to the City Manager's question that an employee working overtime would be more effective. Commissioner Thomas recommended all meter readers and garbage collectors be authorized to issue citations. Mr. Hackett stated those positions are on duty during daylight hours, not when most violators sprinkle illegally. Commissioner Thomas requested a procedure be established that broadens the responsibilities of the City's work force. Commissioner Fitzgerald questioned restrictions regarding washing cars. Mr. Hackett indicated car washing is permitted anytime as long as a hose with an automatic shut-off valve is used. Mr. Baker reported there will be complaints regarding the separate watering schedule permitted at some large condominium properties. It is not possible to water some properties within four hours because of the way sprinklers are zoned. A variance permits some properties to water over an eight-hour period rather than during two four-hour periods. Mayor Garvey questioned how staff plans to deal with residents who have left their homes for the season with their sprinklers set for the old schedule. Mr. Hackett indicated staff will try to contact them should continuing sprinkler problems arise. He recommended including information on new watering restrictions with the next water bills. Commissioner Deegan questioned if the ordinance makes the City comply with County rules. Mr. Hackett stated the rules will be the same except for the added restrictions on shallow well use. Commissioner Berfield questioned if neighbors can switch watering days. Mr. Baker stated switching is not allowed unless it can first be proven it is necessary. Commissioner Fitzgerald predicted people will be confused if rules differ from one area to the next. He felt it would be better if all of the rules were the same. Commissioner Thomas questioned restrictions on deep wells. Mr. Hackett stated the restrictions cover all private wells, not just "shallow" ones. Commissioner Thomas moved to approve the water restrictions. The motion was duly seconded and carried unanimously. The Assistant City Attorney presented Ordinance #5630-94 for first reading and read it by title only. Commissioner Thomas moved to amend Ordinance #5630-94: 1) In the tile, last line, insert: CREATING SECTION 32.160, CODE OF ORDINANCES, TO PROVIDE FOR VARIANCES; 2) On page 3, add a new Section 2 to read: Section 2. Section 32.160, Code of Ordinances, is created to read: Sec. 32.160. Variances. (1) The Director of Public Works may grant a variance from the terms of section 32.159 when such variance will not be contrary to the public interest and where, owing to special conditions, a literal enforcement of the provisions of that section would result in hardship on the applicant. Hardship may include but is not limited to physical handicap, irrigation system limitations, religious convictions, or the health and safety of the applicant. Such variance shall not be granted unless and until a written application for a variance shall be submitted demonstrating that: (a) The variance shall not be in conflict with any other applicable ordinance or state law; (b) The variance will not adversely affect the water supply. (c) The variance will not violate the general spirit and intent of this Division nor will it be inconsistent with the comprehensive plan. (2) The Director of Public Works shall consider the variance as soon as is practical after submittal of the written application. In granting any variance, the Director of Public Works may prescribe appropriate conditions to assure conformance with the criteria listed in subsection (1) above. Violation of such conditions, when made a part of the terms under which the variance is granted, shall be deemed a violation of this section and shall be subject to the same enforcement and penalties as a violation of section 32.159. (3) If a variance is denied, the applicant may appeal the denial to the City Manager by filing a written request for a hearing with the City Manager within 15 days following receipt of notice of denial of the variance. The hearing shall occur as soon as is reasonably practical but not later than 35 days after receipt of the request for the hearing. The hearing shall provide for adequate due process as constitutionally required in any quasi-judicial proceeding. The City Manager may uphold the denial of the variance, grant the variance, or grant a variance with such terms as the City Manager deems necessary to assure conformance with the criteria listed in subsection (1) above. 3.) Renumber existing Section 2 as Section 3. The motion was duly seconded and carried unanimously. Commissioner Thomas moved to pass Ordinance #5630-94 as amended on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey. "Nays": None. Commissioner Deegan questioned if the City would have to wait five weeks before enforcing these restrictions. Mr. Hackett indicated the City is already enforcing the County's restrictions. The City's rules for private wells will not go into effect until the second reading on July 21, 1994. Later in the meeting, Mr. Baker clarified that the Code would apply to all those who live within the City limits, not just those who are City water customers. Commissioner Fitzgerald stated he would not have voted for the Ordinance had that been made clear. ITEM #22 - Bayfront Mart Status Report This item was also discussed at the June 14, 1994, Community Redevelopment Agency Meeting. Ed Parker, Jr., of Biltmore Construction stated air conditioning units would be placed on the building's roof tomorrow via helicopter. Bill Baker, Assistant City Manager, reported five items, as detailed in Exhibit A to these minutes, costing $825,000 and vital to Phase II, could be folded into Phase I at a cost savings. He noted there was no need to finalize decisions regarding the schematics for the floor plan at this time. Commissioner Fitzgerald questioned if the proposed $825,000 expenditure was in addition to the $2 million already budgeted. Mr. Baker stated it was. Commissioner Fitzgerald questioned if installation of some of the features could be delayed. Mr. Baker replied it would not be economic to delay these work items if the Commission planned to move forward with developing the building. Commissioner Deegan noted the recommendation to spend $40,000 to remove the floor tile will rid the building of asbestos. He expressed concerns regarding recommendation #3 as a final decision regarding trade show space has not been reached. Dean Rowe of Rowe Architects, Inc. stated costs will increase due to escalation of prices. He noted the colonnaded entrance would provide room for outside dining. Mayor Garvey noted the importance of windows on the bottom floor regardless of that level's use. Commissioner Thomas indicated he supported all five recommended work items. He stated he wanted the exterior of the building to be completed. He noted his wish that a restaurant offering casual waterfront dining be included in the design. Commissioner Deegan moved to approve the five suggested Phase 1A work items. The motion was duly seconded. Commissioner Deegan questioned if approving this motion would finalize the decision for a 25 foot colonnade. Mr. Baker indicated #3 could be struck if there are no savings inherent in completing the work early. Mr. Rowe encouraged completing the building's exterior. Commissioner Fitzgerald noted #3 is not necessary to complete now. Mayor Garvey noted the exterior look would be improved. Commissioner Deegan amended his motion to include an understanding that details of #3 were still subject to final decision. The seconder agreed. Commissioner Thomas questioned if work on the exterior skin would be delayed due to the Commission not meeting for 30 days. Mr. Rowe stated it would. He questioned what additional funds would be required to proceed with the exterior. Mr. Rowe stated the CRA approved $150,000 toward the skin. Another $150,000 would be required to complete the detail on the skin. Commissioner Thomas questioned what was included in this $300,000 item. Mr. Rowe stated it would provide treatment for the untiled portion of the exterior, clean the green tile, and include landscaping. Commissioner Fitzgerald questioned from where these funds were coming. Ms. Deptula noted funds were available from the Special Development Fund Balance. Commissioner Deegan amended the motion to include the funding source. The seconder agreed. Upon the vote being taken on the amended motion, Commissioners Berfield, Deegan, Thomas and Mayor Garvey voted "Aye." Commissioner Fitzgerald voted "Nay." Motion carried. The City Manager stated the contracts with Biltmore would need to be amended for the City to spend the money. Mr. Parker stated the Biltmore contract is valid until August 15, 1994. If work continues beyond that date, the contract is subject to negotiation. Mr. Baker stated staff would bring forward an amendment when they discovered the need. Ms. Deptula stated the Commission needed to provide specific authorization to spend the money. Commissioner Thomas moved to authorize the City Manager to spend the money as authorized up to the amounts budgeted in Phase 1A with flexibility for Item #3. The motion was duly seconded. Commissioner Deegan spoke against expenditures for #3 until a final design is returned. Mr. Rowe stated the exterior work will begin on the North side. Mr. Parker indicated a decision delay would affect the completion of the exterior on the north and east sides. Mr. Rowe stated scaffolding may remain over Stein Mart's entrance if a decision on #3 is not reached. He stated drawings of the building's west side entrance could be completed within one or two weeks. Commissioner Thomas moved to amend his motion to include budgeting the money and authorizing the expenditure for Phase 1A, Work Items 1, 2, 4 and 5; with Item 3 coming back. The seconder agreed. Upon the vote being taken, Commissioners Berfield, Deegan, Thomas and Mayor Garvey voted "Aye." Commissioner Fitzgerald voted "Nay." Motion carried. Commissioner Deegan moved to authorize the spending of $150,000 beyond Phase One to complete the exterior skin to resemble the Pierce 100 building. The motion was duly seconded. Commissioner Thomas noted approval of this motion would result in the green tile remaining. He questioned how much it would cost to remove the green tile. Mr. Rowe indicate removing the green tile would cost an additional $100,000. Commissioner Fitzgerald questioned if that figure included the removal of tile on the north side. Mr. Rowe stated all four sides would be treated. He did not propose to put anything on walls hidden by the parking deck except paint. Commissioner Thomas moved to amend the motion by adding $100,000 for the removal of the green tile. The motion was duly seconded. Commissioner Deegan questioned what would replace the tile. Mr. Rowe indicated treatment with panels that match the rest of the building. Mayor Garvey spoke against the amendment as she felt too much money was being spent on the building. Commissioner Deegan stated with a $5 to $6 million investment, $100,000 for the removal of the green tile was worthwhile. Commissioner Fitzgerald noted the City had invested $1.9 million for the property before the rehabilitation began. Upon the vote being taken to amend the motion, Commissioners Berfield, Deegan and Thomas voted "Aye." Commissioner Fitzgerald and Mayor Garvey voted "Nay." Motion carried. Upon the vote being taken regarding the amended motion, Commissioners Berfield, Deegan and Thomas voted "Aye." Commissioner Fitzgerald and Mayor Garvey voted "Nay." Motion carried. The City Manager stated in Biltmore's contract, the General Conditions will include additional costs. Ms. Deptula said Mr. Parker will advise the City of any increases. Ms. Deptula questioned if the Commission wished to approve the drawings of the exterior skin prior to the work commencing. Mr. Rowe expressed concern that Stein Mart would have to open with scaffolding over their entrance if the decision is delayed. Commissioner Deegan noted the Commission has talked about a treatment similar to that of the Pierce 100 building. He felt if the City Commission is satisfied with that concept, staff could move forward. Commissioner Deegan moved to authorize staff to approve a design of the building's exterior skin similar to Pierce 100. The motion was duly seconded and upon the vote being taken, Commissioners Berfield, Deegan and Thomas voted "Aye." Commissioner Fitzgerald and Mayor Garvey voted "Nay." Motion carried. Commissioner Fitzgerald questioned why Stein Mart was not in the building by May 15, 1994, as planned. Mr. Baker stated this is a complicated project and Stein Mart is behind schedule. Mr. Rowe indicated Stein Mart recently advised him they had submitted drawings for their permits and is awaiting their approval. Commissioner Deegan questioned when Stein Mart would begin paying rent. Mr. Rowe thought rent began when they opened for business. Commissioner Thomas stated he wanted the outside portion of the downstairs restaurant to be covered and not have a view of the truck dock or dumpster. Mr. Rowe noted the difficulty of elevating a platform. Commissioner Berfield questioned if the building is extended beyond the 28 foot line, if a referendum would be required. Commissioner Thomas reiterated the need for outside seating. Mr. Rowe indicated space would be provided due to the widened colonnade. Commissioner Thomas indicated that would satisfy him. Commissioner Deegan expressed concerns that a decision regarding the floor plans had not been reached. Mr. Baker indicated that was not necessary today and further discussion will be planned for the July 18, 1994, Commission meeting. Commissioner Thomas recommended scheduling a single purpose meeting. Commissioner Thomas recommended hiring a staff member to be responsible for managing the trade show/conference center. He stated someone with trade show/conference center experience could offer valuable recommendations regarding its design. Ms. Deptula stated staff will retain a consultant to be present as discussions continue. Commissioner Deegan indicated he reviewed Stein Mart's lease and rent on the building will commence 120 days after the City delivers possession of the premises or when they open. ITEM #23 - Other Pending Matters a) Contract for additional testing to complete the Preliminary Contamination Assessment and Report for the Fleet Maintenance Facility to Environmental Science & Engineering, Inc., Tampa, FL, for $16,555; authorize transfer of $16,555 of unappropriated retained earnings from General Fund to CIP 315-94718, Airpark Landfill Site (PW) In November 1988, Fleet Maintenance moved to its present location over a landfill. Groundwater testing required by the Florida Department of Environmental Regulation (DER) revealed higher than acceptable levels of iron, lead and chromium. Subsequent to the tests, a contractor was selected to perform a Preliminary Contamination Assessment (PCA) to determine the extent of groundwater contamination and to initiate corrective actions based upon a request for proposal (RFP). Environmental Science & Engineering, Inc. (ESE) was selected from the four bids received. On September 20, 1990, the City Commission approved retaining ESE for a total contract cost of $15,840. The City negotiated with DER on language for an acceptable Interlocal Agreement while it commenced developing the PCA. It was expected the PCA would characterize the nature and extent of contamination and determine the potential for contamination transport off site. The Preliminary Contamination Assessment Plan (PCAP), including methods used to perform the PCA, was presented to DER for approval in November 1990. On January 29, 1991, DER entered into an interlocal agreement with the City who agreed to perform a PCA to determine the extent of groundwater contamination and initiate corrective actions. On June 24, 1991, the DER requested the performance of additional work: ground penetrating radar surveys; additional soil sampling and analysis; and modification to down gradient monitor well installation. This work, determined to be outside the original scope requested of ESE, resulted in an administrative change order approved in January 1992 for an additional $8,435. In January 1992, the completed PCA was forwarded to the DER for review and comment. Completion of the PCAP fulfilled ESE's obligation under the terms of the original contract and purchase order amendment. Five months after receipt of the PCAP, DER requested a significant amount of information requiring additional field work in December 1992. Due to funding constraints, Clearwater was unprepared to address a solution and the former City Manager ordered the project delayed. The City's desire to improve Clearwater Airpark and the need to fulfill the interlocal agreement requirements have prompted DER to further their commitment to corrective actions. The City requested ESE to submit a bid to address the additional questions since many are related to work ESE performed. Also required will be additional testing and reevaluation of data developed by ESE. Commissioner Thomas moved to approve a contract for additional testing to complete the PCA for the Fleet Maintenance Facility to ESE for $16,555 and the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. CITY ATTORNEY REPORTS ITEM #24 - Other City Attorney Items - None. ITEM #25 - City Manager Verbal Reports Ms. Deptula noted a request for funding by Ervin Harris' All American Youth Group will be added to the June 16, 1994, agenda. The City Manager reported the TRIM millage of 5.1158 is the same as last year's rate and will be added to the June 16, 1994, agenda. She noted staff did not recommend a status quo budget. She indicated there has been an attempt to flatten the organization. She noted 17 new positions created in Legal, Gas, and Recycling were approved by the City Commission. Commissioner Thomas said it was inappropriate to include an additional attorney position in the budget. He indicated this decision should be made by the new City Attorney. Mayor Garvey recommended this point be discussed during budget meetings. The City Manager indicated the need to set up budget, Bayfront Mart (Maas Brothers), and town meetings with the Commission at Thursday's meeting. Ms. Deptula reported Mr. Figurski indicated the Charter Review Committee report will be completed in mid-July. The Committee will present their report to the Commission at the August 4, 1994, meeting. She questioned if the Commissioner wished to schedule a special meeting for public input on the committee's recommendations. It was the consensus that public's input be incorporated into Ordinance readings at regular Commission meetings. Commissioner Deegan requested a copy of staff's white paper to the Charter Review Committee and the City Attorney's memorandum providing recommendations. Ms. Deptula reported the County's delay in widening Gulf Boulevard on Sand Key for one year due to funding considerations will postpone the burial of power lines. Ms. Deptula stated she will draft letters of appreciation to the members of the City Attorney Selection and Charter Review Committees. ITEM #26 - Commission Discussion Items - None. ITEM #27 - Other Commission Action Commissioner Deegan requested permission to attend a FIG seminar on Total Quality Management (TQM) in Kissimmee. Commissioner Thomas moved to approve attendance at the TQM conference in Kissimmee for any Commission member wishing to attend. The motion was duly seconded and carried unanimously. Mayor Garvey reported reservations are soon due for the Florida League of Cities August meeting in Buena Vista. Commissioner Fitzgerald stated Empress Cruise Lines was questioned two weeks ago regarding sales tax charged on their "port fee." He requested staff review status of their reply. Commissioner Thomas recommended instituting a $100,000 licensing fee for gaming ships sailing out of Clearwater. Deputy City Manager Kathy Rice stated the Equity Study Commission would review the suggestion. Commissioner Deegan questioned when that Commission was to finish its task. Ms. Rice indicated January 1, 1995. Mayor Garvey questioned how the recycling program is progressing. The City Manager indicated computer problems have delayed the distribution of the recycling bins, however, the program is still scheduled to begin June 27, 1994. ITEM #28 - Adjournment The meeting adjourned at 3:23 p.m.