11/02/1995 (2)
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,COMMISSION
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, City Commission M~nutes
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ACTION AGENDA - CLEARWATER CITY COMMISSION MEETING
Thursday, November 2, 1995 - 6:00 P.M. - Chambers
Welcome. We are, glad to have you join us. If you wish to speak please walt to be recognized, then
state your name and address. Persons speaking before the City Commission on other than Public
Hearing items shall be limited to 3 minutes. No person shall speak more than once on the same
subject unless granted permission by the City Commission. ANY PERSON WITH A DISABiliTY
REQUIRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING,
SHOULD CALL 813/462-6684.
1. Invocation
1. Pastor David Smith, Faith United Church of
Christ.
2. Mayor.
2. Pledge of Allegiance
Farewell to Commissioner Justice
Oath Administered to Commissioner Clark
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- Appreciation expressed. Gifts presented.
- City Clerk administered oath.
3. Service Awards
4. Introductions and Awards
3. None.
4. Proclamation: Shriner Hospital Benefit Days.
11/3&4/95
5. Ream Wilson, Parks & Recreation Dept.
Director read a proclamation from the
Governor proclaiming Clearwater Memorial
Causeway as an official Florida greenway.
Jflff Harper presented the Gold Palm award
won by C-View TV for its tourism video.
Rev. Walter Campbell announced Partnership
'95 to be held on Saturday, 11/4/95 in which
local churches working in partnership with
city staff & the community will paint 23
houses.
6. Approved as submitted.
5. Presentations
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6. Approval of Minutes - Regular Meeting
10/19/95 & Special Meeting 10/19/95
(attorney/client)
7. Citizens to be heard re items not on the Agenda
RQbert Roperti requested something be done to address flooding problems that occur at the corner of
Garden & Chestnut. He also requested the removal of the parking meters between Court & Chestnut
and replace them with one hour parking signs. \'
PUBLIC HEARINGS
All individuals speaking on public hearing items will be sworn-in.
Not Before 6:00 P.M.
Variance & Rezoning public hearings:
Staff states and summarizes reasons for recommendation (2 minutes).
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Applicant presents case. Witness may be cross-examined (15 minutes).
Staff presents further evidence. May be cross-examined (10 minutes).
Public comment (3 minutes per speaker).
City Commission discussion, and may question any witness.
Applicant may call witnesses in rebuttal (5 minutes).
Conclusion by applicant (3 minutes).
Decision.
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8. Variance(s) to Sign Regulations for property
located at 2650 Countryside Blvd., Sec. 29-
28-16, Rustlewood Condominium
(Rustlewood Condominium Assoc., Inc.,
SV95-43)
8. Approved a 5.3 sq.ft. area variance to allow
a freestanding sign 29.3 sq.ft. in area on
Countryside Blvd. frontage and a 8.1 sq.ft.
area varianceto allow a freestanding sign
32.1 sq.ft. in area on the SR580 frontage.
Public Hearing - Second Reading Ordinances
9. Ord. #5918-95 adopted.
10. Ord. #5919-95 adopted.
CITY MANAGER REPORTS
~11/2/95
CONSENT AGENDA (Items #11-15) - Approved as submitted.
9. (Cant. from 10/19/95) Ord. #5918-95 - Land
Use Plan Amendment to Commercial General
for property located at 1 984 Sunset Point
Rd., Sunset Oaks Sub., Lot 2 less road on S
and part of lot 1 (L. J. Parham / Cope,
Trustee, LUP95~27)
10. (Cont. from 10/19/95) Ord. #5919-95 - CN
Zoning for property located at 1 984 Sunset
Point Rd., Sunset Oaks Sub., lot 2 less road
on S and part of lot 1 (l. J. Parham / Cope,
Trustee, Z95-08)
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The following items require no formal public hearing and are subject to being approved in a single
motion. However, any City Commissioner or the City Manager may remove an item from the Consent
Agenda to allow discussion and voting on the item individually.
, 1. Purchase of Human Resources & Payroll software, 96 training units, 1 st year maintenance, &
related implementation costs from PeopleSoft, Inc., Walnut Creek, CA, at an est. $282,505;
approve est. $28,185 for purchase & installation of frame relay communications equipment from
General Telephone Company of Florida; approve est. $45,720 for purchase of 13 micro computer
workstations from Dell Computer; approve est. $171,810 for Digital Equipment Corp. AXP
hardware; for a total est. $528,220; financing of the computer equipment ($229,068) to be
provided under City's master lease-purchase agreement (FN)
, 2. Contracts for purchase of vehicles to: Don Reid Ford, Inc., Maitland, Fl, Twenty-Two marked
1996 Ford Crown Victoria patrol units, for $458,936 and Five 1996 Ford Taurus 4-door
intermediate sedans, for $78,290; Plaza JeepMEagJe-lsuzu, Leesburg, Fl, Three 1996 Eagle Vision
2
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4-door full-size sedans, for $50,864.65: Regency Dodge, Inc., Jacksonville, FL, Seven 1996
Dodge Dakota 1I4-ton 4x2 pickups, for $83,481 and Three 1996 Dodge Ram LT 1/2-ton 4x2
pickups, for $41,371; Brandon Chrysler Plymouth Jeep Eagle, Inc" Brandon, FL, One 1996 Jeep
Cherokee 4x2 utility vehicle. for $18,391.01; and award an administrative fee of $2,050
($50/vehicle) to Florida Sheriffs AssocIation, for a total not to exceed $733,383.66; financing to
be provided under City's master lease-purchase agreement IGS)
13. Contract to purchase replacement lighting equipment for Frank Tack Park to Hughes Supply, Inc.,
for $55,000 (PRl
14. C.O.#1 to Del Oro Storm Replacement Contract to Overstreet Paving Co., Largo, FL, increasing
the amount by $90,065, for a new total of $964,286.75; and approve a time extension of 120
days (ENI '
15. Contracts for demolition of commercial structures at 1171-1175 Cleveland Street & 900 Chestnut
Street to Terra Excavating, Inc., largo, FL, for $33,197; to Lang EngIneering of Tampa, FL, for
900 Chestnut asbestos removal for $80,544; to Occupational Health Conservation, Inc., Tampa,
FL, for 900 Chestnut observation of asbestos removal for $6,085; for a'total $119,826 (ENI
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OTHER ITEMS ON CITY MANAGER REPORT
1 6. Contract to construct the Countryside
Community Recreation Center Building to
Bollenback Builders, Inc., for $1,424,678;
prepare change order to reduce the cost to
$1,399,678; authorize additional funding and
approve Agreement with Florida Power Corp.
for City to park cars on the adjacent utility r-
o-w (PR)
17. Amendment to existing contract with Rowe
Architects, Inc. to provide architectural
services associated with telephone, data &
TV cabling interconnecting the new Municipal
Services building, the new Police
Headquarters building, the new garage
building, the existing Fire Department
Headquarters & the existing City Hall building
for $77,000; and Amendment to existing
contract with Creative-Beers contractors
calling for construction - installation of the
interconnecting network for $712,295
resultIng in an increase to existing guaranteed
maximum price from $15,875,000 to
$16,587,295 (eM)
18. Res. #95-80 - requesting federal assistance
in the restoration of beaches in Pinellas
County (CM)
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1 6. Approved.
17. Approved.
18. Approved. Res. 1196.80 adopted.
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.~ 19. Joint Project Agreement with FDOT to install
, natural gas mains for relocation during
widening project of SR584 from W of Curlew
Road to 400' E of Gim Gong Road, at an est.
$630,000; Res. #95-81 ~ authorizing
execution of agreements for installation &
acceptance of new 'city facilities; and
authorizing placing of funds with FOOT for
completion of the utility installation (GAS)
20. First Reading Ord. #5943-95 - extending
cable franchise agreement with Time Warner
Enterta i n m e nt-Ad v an celN e who use
Partnership to 211/96 (eM)
21. Parks & Recreation Board - 4 appointments
(eLK)
22. Other Pending Matters
19. Approved. Res. 1195-81 adopted.
20. Approved. Ord. #5943.95 passed 1st
reading.
21. Appointed Bernard Panush, Gary Meritt,
Lawrence Lindner & Freda Clayton.
22. None.
CITY ATTORNEY REPORTS
23. Resolutions
al Res. #95-79 - Assessing owners of
property the costs of having mowod or
cleared owners' lots
.........,24. Other City Attorney Items
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23. Resolutions
al Res. #95.79 adopted.
24. Attorney/Client session re Scientology v. City
set for 1 :00 p.m. on 11/13/95.
City Attorney referred to opinion from
Attorney David Cardwell re DDB owing CRA
tax increment. CRA to address 11/13/95.
25. City Manager Verbal Reports
al Update on Chamber of Commerce Building - City Attorney reported work on contract in
progress.
The City Manager reported request from Scientologists to extend 11/5/95 Cleveland Street
closure two hours to 11 :00 p.m. - Approved.
26. Commission Discussion Items
a) Placement of rock revetments on Sand Key - direction to hire Coastal Engineer to survey
seawalls. Request Jim Terry of Pinellas County to address Commission.
b) East End RFP Review Committee - direction to get more information ra selection process.
c) Federal Lobbyist - Consensus for Mayor to participate as long as Commission input obtained
prior to position being taken.
Y11/2/95
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,28. Adj~urnment - 8:18 p.m.
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CITY COMMISSION MEETING
CITY OF CLEARWATER
November 2, 1995
Present:
Rita Garvey
Sue A. Berfield
Fred A. Thomas
William Justice
Robert Clark
Elizabeth M. Deptula
Kathy S. Rice
WiUiam C. Baker
Pamela K. Akin
Scott Shuford
Rich Baier
Cynthia E. Goudeau
Patricia O. Sullivan
Absent:
J. B. Johnson
Mayor/Commissioner
Vice.Mayor ICommissioner
Commissioner
Commissioner
Commissionor-elect
City Manager
Deputy City Manager
Assistant City Manager
City Attorney
Central Permitting Director
Engineering Director
City Clerk
Board Reporter
Commissioner
The Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation was
offered bV Pastor David Smith of Faith United Church of Christ. The Mayor led the Pledge
of Allegiance.
('"'J Farewell to Commissioner Justice
"4te,fl
Commission members presented farewell gifts to Commissioner Justice and
recognized his family. He hoped he had been of service to the City and said his tenure had
been a pleasure. In farewell, he played" Just Becausett on his harmonica.
The Commission recessed from 6: 13 to 6: 19 p.m.
Commissioner Justice left the meeting.
Oath of Office Administered
The City Clerk administered the Oath of Office to Commissioner Clark. The Mayor
introduced his family members who were present at the meeting.
The Commission recessed from 6:21 to 6:22 p.m.
To provide continuity for research. items are in agenda order although not necessarily
discussed in that order.
ITEM 113 - Service Awards - None.
ITEM 114 - Introductions and Awards
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Proclamations: Shriners Hospital Benefit Days ~ November 3 ~ 4. 1995.
ITEM 115 - Presentations
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Ream Wilson, Parks & Recreation Director, read a proclamation from Governor
Chiles proclaiming Clearwater Memorial Causeway as an official Florida Greenway in the
urban category. The Mayor thanked the Parks & Recreation Department for keeping the
causeway well maintained.
Jeff Harper. Information Management Director. reported C~View TV received a gold
medal in a communications competition with corporations for the video. "Clearwater,
Florida, One Great Place." The Mayor thanked C~View TV staff for the superb efforts.
Reverend Walter Campbell reported Clearwater Neighborhood Housing Services'
(CNHS) Partnership '95 plans to paint 23 houses on Saturday. November 4. 1995. He
stated City departments are working with CNHS and C-View TV will cover the event. He
indicated some houses will need extensive repairs which will be completed after Saturday.
ITEM #6 - Aporoval of Minutes
,..........
Commissioner Berfield moved to approve the minutes of the regular meeting of
October 19, 1995, and the special meeting of October 19, 1995, as recorded and
submitted in written summation by the City Clerk to each Commissioner. The motion was
duly seconded and carried unanimously.
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ITEM #7 - Citizens to be heard re items not on the Agenda
Robert Rooerti, owner of Jiffy Reprographics, expressed concern regarding recurrent
flooding problems in front of his business at the corner of Garden Avenue and Chestnut
Street. His insurance company will no longer cover flooding losses. City Engineer Rich
Baier said Post Buckley Schuh & Jernigan, Inc. Is expected to deliver a plan to address this
problem within one week. Mr. Roperti questioned how long the project will take to
implement. Mr. Baier said the time frame depends on the plan and if permitting problems
occur.
Mr. Roperti also recommended removing metered parking on Garden Street between
Court and Chestnut Streets and replacing them with one-hour parking signs.
PUBLIC HEARINGS
ITEM #8. ~ Variance(s) to Sign ReClulations for orooertv located at 2650 Countryside Blvd.,
Sec. 29~28~16. Rustlewood Condominium (Rustlewood Condominium Assoc.. Inc., SV95-
43)
The applicant is requesting the following variances: 1) an area variance of 5.3
square feet from the permitted 24 square feet to allow a freestanding sign with an area of
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29.3 square feet on the Countryside Boulevard frontage and 2) an area variance of 8.1
square feet from the permitted 24 square feet to allow a freestanding sign with an area of
32.1 square feet on the SR 580 frontage. The subject property is located on the
southwest corner of Countryside Blvd. and SR 580 and is zoned Multiple Family Residential
16. The variance is requested to permit the existing freestanding signs to remain.
Rustlewood Condominium fronts two major thoroughfares, Countryside Blvd. and
SR 580. According to the City's sign code, the Condominium is permitted a 24 square
foot freestanding sign oriented to each thoroughfare. The sign at the main entry on
Countryside Blvd. is 29.3 square feet, 22% larger than code allows. The sign at the
intersection of SR 580 and Countryside Boulevard is oriented to SR 580 and is 32.1
square feet. 34% larger than allowed by code.
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Staff feels special circumstances exist which support approval of the variances.
Countryside Boulevard has four lanes and SR 580 has six. Both divided roads have turn
lanes. The existing signs are not out of character or scale with these roads. Given
roadway conditions, the requested variances are minimal. The permitted 24 square foot
area represents the strictest freestanding sign size in the City. The Countryside Blvd. sign
is only 5.3 square feet larger than permitted, and the SR 580 sign is only 8.1 square feet
larger. To require alteration or replacement of these signs would impose a hardship upon
the applicant that would be great in comparison to the benefit derived by the public.
I.~:)
laura Rayburn. attorney for the applicant, verified photographs of the property
presented her by Central Permitting Director Scott Shuford. She noted the signs have
been in existence for a number of years. She said the roads bordering the property are
wide and smaller signs would be difficult to see.
Commissioner Berfield moved to approve the following variances: 'I) an area
variance of 5.3 square feet from the permitted 24 square feet to allow a freestanding sign
with an area of 29.3 square feet on the Countryside Boulevard frontage, and 2) an area
variance of 8.1 square feet from the permitted 24 square feet to allow a freestanding sign
with an area of 32.1 square feet on the SA 580 frontage, on property identified as Sec.
29-28-16, Rustlewood Condominium, for meeting Sec. 45-24 Standards for Approval,
items (1 H4). The motion was duly seconded and carried unanimously.
Public HearinQ - Second Reading Ordinances
ITEM 1/9 - ICont'd from 10/19/95) Ord. #5918-95 - land Use Plan Amendment to
Commercial General for property located at 1984 Sunset Point Rd., Sunset Oaks Sub., Lot
2 less road on S and part of lot 1 (L. J. Parham I Cope, Trustee, lUP95-27)
The City Attorney presented Ordinance #5918-95 for second reading and read it by
title only. Commissioner Thomas moved to pass and adopt Ordinance #5918-95 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
IIAyes": Berfield. Thomas. Clark and Garvey
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"Nays't: None.
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Absent: Johnson.
ITEM 111 0 - (Cont1d from 10/19/951 Ord. #5919-95 - eN Zoning for property located at
1984 Sunset Point Rd., Sunset Oaks Sub., Lot 2 less road on S and part of Lot 1 (L. J.
Parham I Cope, Trustee, Z95-08)
The City Attorney presented Ordinance 115919-95 for second reading and read It by
title only. Commissioner Barfield moved to pass and adopt Ordinance #5919-95 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
it Ayes": Berfield, Thomas, Clark and Garvey
"Nays": None.
Absent: Johnson.
CITY MANAGER REPORTS
CONSENT AGENDA (Items #11-15) - Approved as submitted
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ITEM #11 - Purchase of Human Resources & Payroll software. 96 traininq units. 1 st vear
maintenance. & related imolementation costs from PeooleSoft. Inc.. Walnut Creek. CA, at
an estimated $282,505; approve estimated $28,185 for pu'rchase & installation of frame
,relay communications equipment from General Telephone Company of Florida; approve
estimated $45,720 for purchase of 13 micro computer workstations from Dell Computer;
a pprove estimated $1 71,810 for Digital Equipment Corp. AXP hardware; for a total
estimated $528,220; financing of the computer equipment ($229,068) to be provided
under City's master lease-purchase agreement (FN)
ITEM 1112 ~ Contracts for Durchase of vehicles to: Don Reid Ford, Inc., Maitland, FL,
Twenty~Two marked 1996 Ford Crown Victoria patrol units, for $458,936 and Five 1996
Ford Taurus 4-door intermediate sedans, for $78.290: Plaza Jeep-Eagle-Isuzu, Leesburg,
FL, Three 1996 Eagle Vision 4-door full-size sedans. for $50,864.65; Regency Dodge, Inc.,
Jacksonville, FL, Seven 1996 Dodge Dakota 1/4-ton 4x2 pickups, for $83,481 and Three
1996 Dodge Ram L T 1/2-ton 4x2 pickups, for $41,371; Brandon Chrysler Plymouth Jeep
Eagle, Inc., Brandon, FL. One 1996 Jeep Cherokee 4x2 utility vehicle, for $18,391.01;
and award an administrative fee of $2,050 ($50/vehicle) to Florida Sheriffs Association,
for a total not to exceed $733.383.66; financing to be provided under City's master lease-
purchase agreement (GS)
ITEM #13 - Contract to Durchase reolacement Iiahtina eauiDment for Frank Tack Park to
Hughes Supply, Inc., for $55,000 CPR)
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ITEM #:14 - C.O.#1 to Del Oro Storm ReDfacement Contract to Overstreet Paving Co.,
Largo. FL, increasing the amount by $90,065, for a new total ot $964,286.75; and
approve a time extension of 1 20 days (EN)
ITEM # 1 5 - Contracts for demolition of commercial structures at 1171-1175 Cleveland
Street & 900 Chestnut Street to Terra Excavating, Inc., Largo, FL, for $33.197; to Lang
Engineering of Tampa. FL, for 900 Chestnut asbestos removal for $80.544; to
Occupational Health Conservation. Inc.. Tampa, FL, for 900 Chestnut observation of
asbestos removal for $6,085; for a total $119.826 (EN)
Commissioner Thomas 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
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ITEM #16 - Contract to construct the Countrvslde Community Recreation Center BuildinQ
to Bollenback Builders, Inc.. for $1,424.678; prepare change order to reduce the cost to
$1.399.678; authorize additional funding and approve Agreement with Florida Power Corp.
for City to park cars on the adjacent utility right-at-way CPR)
The City has a budget of $1,377,000 for this project. Of this amount. $135.000 is
earmarked for architectural and engineering soft costs and $1.242.000 is available for
building construction. The low bid is $1,424,678, resulting in a shortfall of $182.678.
,~-"
Staff met with project architect, Robert Bittern. and low bidder. Ken BolJenback of
Bollenback Builders. Inc., to determine if cost savings could be achieved through value
engineering without jeopardizing the building's usabllity and attractiveness. It was
determined the project could be reduced by $45.500. A $20.500 fire sprinkling system
needs to be added. resulting in a reduction change order in a net amount of $25,000.
Staff feels a contingency of $45,000 should be added to cover miscellaneous costs
not associated with this contract and other change orders which may be required in the
future. If a reduction change order and the additional contingency are approved. the total
shortfall will be $202,678. To cover this shortfall, staff recommends transferring
$202,678 from the CIP Project for the construction of a bike path connecting Cliff
Stephens Park and Eddie C. Moore Recreation Complex. The public has not expressed
great demand for that project.
The City's intention always has been to provide most of the center's required
parking on the adiacent Florida Power Corporation (FPC) right-of-way. An agreement
between FPC and the City will allow the City to park cars on the right-of-way for an initial
annual fee of $6,000 plus tax. which is included in this year's operating budget. This
yearly fee may be recalculated and adjusted as long as the City uses the property.
If the Commission approves this contract, construction will begin as soon as
permits can be obtained. The center's anticipated opening date is August 1. 1996.
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.~--\ Mr. Bitterli, President of Bitterli and A5sociatos Architocts, Inc., said tho cost of the
building had been well estimated and came in under budget. The site work will cost more
than double the estimate. He said the contractor, 80IJenback Builders, Inc., is well suited
to the project.
Commissioner Thomas expressed concern the original concept for this project, over
two years ago, was estimated to cost $1-million. Ream Wilson said the project originally
budgeted $0.5-million tor the building and $O.5-million for a swimming pool. The
neighborhood requested a $1.2-million project. He said inflation has caused the price to
increase to $1.424.million. tn answer to a question, he indicated ho would recommend this
same project today.
Commissioner Berfield noted Assistant City Attorney John Carassas' concern
regarding the City being responsible tor Florida Power Corporation's attorney fees it they
should prevail in a dispute regarding the right-ot.way. The City Attorney said the City had
requested changing that provision but Florida Power declined. Commissioner Berfield
questioned the type of conflicts that could arise. The City Attorney indicated conflict could
occur regarding the terms of the agreement, the sum due, etc. She did not think the risk is
high. Commissioner Berfield expressed concern that clause could hurt the City.
Commissioner Clark questioned future plans for the canceled bicycle paths. Mr.
Wilson said staff will request funds from Penny for Pinellas.
,........ Commissioner Berfield questioned if adequate funds are available from Penny for
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J Pinellas for the bicycle path. Commissioner Thomas expressed concern the City's portion
of Penny for PinelJas already had been committed to the new Memorial Causeway bridge.
The City Manager said the bridge would not consume the City's entire allotment, if the tax
is extended. Every year staff reviews the allocation. Art Kader, Assistant Director of
Parks & Recreation, said funds would be available for the bicycle trail within the next two
years.
Commissioner Thomas moved to award a contract to construct the Countryside
Recreation Center to Bollenback Builders, Inc. for the sum of $1.424,678 which is the
lowest, most responsive bid submitted in accord with plans and specifications; instruct
staff to prepare a change order to reduce to cost to $1,399,678; authorize additional
funding and approve Agreement between the City and Florida Power Corporation for the
City to park cars on the adjacent utility right-of-way and that the appropriate officials be
authorized to execute same. The motion was duly seconded. Commissioners Thomas and
Clark and Mayor Garvey voted "Aye"; Commissioner Berfield voted "Nay." Motion carried.
Commissioner Berfield noted that while she was for the project, she was against the
agreement with Florida Power as currently written.
ITEM 1t17 - Amendment to existing contract witll Rowe Architects. Inc. to provide
architectural services associated with telephone, data & TV cabling interconnecting the
new Municipal Services building, the new Police Headquarters building, the new garage
building, the existing Fire Department Headquarters & the existing City Hall building for
$ 77,000; and .8meflpment to existing contract with Cr.e..a1ive-Beer& contractors calling for
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construction - installation of the interconnecting network for $712,295 resulting in an
increase to existing guaranteed maximum price from $15,875,000 to $16,587,295 {eM)
The Municipal Services and Police Headquarters buildings are scheduled for
completion on March 21, 1996. Construction of the parking garage will begin after the
Police Headquarters building is completed and the existing police facility is razed. These
buildings will be delivered with all electrical wiring. Only chases and runs are included to
accommodate the voice/datarrV cabling determined necessary for City purposes.
City operations are complex. Cabling within the buildings and the interconnection
between buildings will take time to complete. If accomplished after the City's receipt of
the buildings, move-in will be delayed several weeks. The work is of such volume that the
building contractor will not allow this cabling work to interfere with his completion of the
building. Because of time-frames and a desire to have the building contractor responsible
for the cabling work, staff feels it is best to accomplish the work by amending the
contracts with the City's existing architect and builder.
Along with the work within each new building, the three new buildings will be
interconnected with the Fire Department Headquarters and City Hall. In the future, this
work is designed to interconnect with the Harborview Center, the Library, the Pine lias
County Emergency Operations Center, the Pinellas County Geographical Information
System, and the City radio communication tower at Lakeview and Prospect Streets.
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Commissioner Thomas questioned why the cabling was not included in the original
bid. Assistant City Manager William Baker said staff had anticipated the cabling would be
included in the computer proieet. Commissioner Thomas questioned if the Information
Services budget for computers would be reduced by the same amount. The City Manager
indicated neither the basic bid for the Municipal Services complex nor the computer
presentation included the cabling. She accepted responsibility for the oversight.
Commissioner Berfield expressed concern the City Commission would be blamed for
this overage. She said telephones have not been budgeted either.
Commissioner Thomas moved to approve an amendment to the existing contract
with Rowe Architects, Inc. to provide architectural services associated with telephone,
data and TV cabling interconnecting the new Municipal Services building, the new Police
Headquarters building, the new garage building, the existing Fire Department Headquarters
and the existing City in the amount of $712,295 resulting in an increase to the existing
guaranteed maximum price from $15,875,000 to $16,587,295 and that the appropriate
officials be authorized to execute same. The motion was duly seconded and carried
unanimously.
ITEM #18 - Res. #95-80 - requesting federal assistance in the restoration of beaches in
Pine lias County (l,;M)
Jim Terry of the Pinellas County Engineering Department has requested the City
Commission pass a resolution requesting federal assistance in the restoration of Pinel/as
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County beaches. As lead agency for all beach restoration in Pinellas County, the County
Engineering Department will forward the City IS resolution with similar ones from other local
municipalities to the appropriate parties.
~<h I. ~.
Commissioner Thomas moved to request federal assistance in the restoration of
Pinellas County beaches and that the appropriate officials be authorized to execute same.
The motion was duly seconded and carried unanimously.
The City Attorney presented Resolution #95-80 and read it by title only.
Commissioner Berfield moved to pass and adopt Resolution #95-80 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
"Ayes": Barfield, Thomas, Clark and Garvey
"Nays": None.
Absent: Johnson
ITEM #19 - Joint Proiect Aareement with FOOT to install natural gas mains for relocation
during widening project of SR 584 from W of Curlew Road to 400' E of Gim Gong Road, at
an estimated $630,000; Res. #95-81 - authorizing execution of agreements for installation
& acceptance of new City facilities; and authorizing placing of funds with FOOT for
completion of the utility installation (GAS)
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The Florida Department of Transportation (FOOT) plans to widen SR 584 from 400
feet East of Gim Gong Road to Curlew Road beginning January 1, 1996. According to the
Joint Project Agreement (JPA), the project's general contractor will relocate the gas mains,
resulting in the work being done promptly and releasing Clearwater Gas System leGS)
from penalty payments because of delays. The agreement requires the general contractor
to be responsible for restoration costs. This JPA provides labor only at an estimated cost
to CGS of $630,000 to be funded by Pinellas Gas line Relocation Bond Issue.
CGS will provide gas materials to this project from existing inventory. These
materials will be issued from the appropriate inventory codes and charged as Pinellas, Gas
line Relocation Bond Issue.
A first quarter budget amendment will transfer $630,000 from Gas Revenues,
Pinellas Phase II Gas Line Relocation. The transfer of Gas Revenues for this project is a
loan from the City's cash pool, and is anticipated to be an interim solution as these
moneys will be reimbursed to the Gas Fund once new bond moneys are available and the
Gas System Bond Funds are established..
Commissioner Barfield moved to approve a Joint Project Agreement with the State
of Florida's Department of Transportation to install natural gas mains for relocation during
the widening project of State Road 584 from West of Curlew Road to 400 f~et East of
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Gim Gong Road at an estimated cost of $630,000 and that the appropriate officials be
authorized to execute same. The motion was duly seconded and carried unanimously.
.......,'1'..' '.
The City Attorney presented Resolution #95-81 and read it by title only.
Commissioner Thomas moved to pass and adopt Resolution #95-81 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
"Ayes": Berfield, Thomas, Clark and Garvey
"Nays": None.
Absent: Johnson
ITEM #20 - First Readino Qrd. #5943-95 - extending cable franchise agreement with Time
, Warner Entertainment-Advance/Newhouse Partnership to 02/01/96 (eM)
The franchise agreement with Time Warner Entertainment/Advance Newhouse
Partnership (TWE/ANl expired February 21, 1995. The franchise was extended for six
months to August 21, 1995, and then for an additional three months. The City was
negotiating a new franchise with Vision Cable untit ownership of the franchise was
transferred to TWE/AN. The transfer and organizational changes at TWE/AN have
prolonged negotiations and additional time is needed.
..Io.l.i\.....,
',.J The ordinance extends the present franchise agreement for an additional three
months to February 1, 1996. TWE/AN has indicated agreement with this extension.
Commissioner Thomas moved to approve extending the term of the franchise
agreement for Time Warner Entertainment-Advance/Newhouse Partnership by three
months to February 1, 1996, and that the appropriate officials be authorized to execute
same. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance 115943-95 for first reading and read it by
title only. Commissioner Thomas moved to pass Ordinance #5943-95 on first reading.
The motion was duly seconded and upon roll call, the vote was:
" Ayes ": Berfield, Thomas, Clark and Garvey.
"Nays": None.
Absent: Johnson
ITEM #21 - Parks & Recreation Board - 4 Booointments {eLK)
Commissioner Thomas moved to appoint Bernard Panush and Gary Meritt for terms
effective immediately and to appoint Freda Clayton and Lawrence Linder to terms effective
December 1, 1995. The motion was duly seconded and carried unanimously.
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CITY ATTORNEY REPORTS
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ITEM H22,L- Other Pending Matters - None.
ITEM 1/23 - R~solutions
a) Res. #95-79 - Assessing owners of property the costs of having mowed or cleared
owners' lots
The City Attorney presented Resolution #95-79 and read it by title only.
Commissioner Berfield moved to pass and adopt Resolution #95-79 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
"Ayes": Berfield, Thomas. Clark and Garvey
"Nays": None.
Absent: Johnson
ITEM #24 - Other City Attornev Items
1'~
Attorney/Client Session
The City Attorney requested an attorney/client session regarding the City of
Clearwater and Sid Klein, Chief of Police, versus Church of Scientology, Flag Service
Organization, Inc. be scheduled for November 13, 1995 at 1 :00 p.m. Consensus was to
so schedule.
Review of opinion regarding DDS responsibility for eRA incremental tax
The City Attorney referred to a letter from attorney David Cardwell regarding
incremental taxes due the Community Redevelopment Agency {CRA}, Mr. Cardwell
expressed an opinion that the DDB's exemption from paying incremental taxes is not valid.
Commissioner Berfield had expressed concern the DDS needs to be aware of this ruling as
they currently are determining how to spend their funds. Commissioner Thomas
recommended the City Commission indicate concurrence with Mr. Carwell's legal opinion.
The City Attorney said she would draft an amendment to the current ordinance.
The consensus of the Commission was to accept Mr. CardweWs opinion that the
DDS is responsible for incremental taxes if the City Attorney agrees, once she has the
opportunity to research the issue.
Commissioner Berfield reported the DDS has a special meeting schedule for
November 8, 1995, to review budgeting plans. She said the proposed taxes are greater
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Mayor Garvey reported she spoke with the Sand Key Beach Association which
indicated they wanted a plan in place should the intended renourishment project by the US
Army Corps of Engineers (USACE) be delayed. Mr. Baier said Jim Terry, Professional
Geologist, Pinellas County Chief of the Coast Management Section, reported the seawalls
on Sand Key are in good condition and does not recommend the placement of rip-rap there.
He had stated Pinellas County will not assist the City with funding which he estimated
would cost $1-million. Mr. Baier said rip-rap is beneficial when placed before a sea wall in
poor condition. Rip-rap, placed in front a sea wall in good condition, would not help the
situation. He said the City could have the permits in hand for this project should the State
delay the beach renourishment project but that will take staff away from work included in
the Engineering Department's five-year plan. Mayor Garvey questioned how long the
permits would take to prepare. Mr. Baier said that depends on questions the State asks.
He said if staff tampers with the seawalls, the City may be liable for future damage. He
estimated permits for the project would cost between $3,000 and $8,000.
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than the DDB's current available funds. She said the DDS needs to be awaro of this legal
opinion.
In response to a question, the City Attorney indicated she had not looked into
charging for back taxes. That may be difficult to do because the exemption was based on
a City ordinance. Commissioner Thomas expressed concern the recent oDB decision to
extend the contract for their consultant may not be appropriate considering this expense.
LTEM #25 - City Manager Verbal RepQrts
a) Update on ehamber of Commerce Building
The City Attorney said the contract is progressing for the City to purchase the
Chamber of Commerce building. The City Manager said the price is $300,000.
Scientology request to close Cleveland Street November 5, 1995
.
The City Manager referred to a letter from the Scientolog;sts regarding the closing of
Cleveland Street between Garden Avenue and Ft. Harrison Avenue on November 5, 1995,
from 5:30 to 9:00 p.m. for a street party to celebrate the restoration of the old Bank of
Clearwater Building. She indicated the correct time for the street closure should be 5:30 to
11 :00 p.m.
Commissioner Clark moved to approve a full closure of Cleveland Street between
"~'''''\ Garden Avenue and Ft. Harrison Avenue on November 5, 1995, from 5:30 p.m. to 11 :00
1.,...../ p.m. The motion was duly seconded and carried unanimously.
IJEM #26 - Commission Discussion Items
at Placement of rock revetments on Sand Key
Commissioner Berfield questioned why rip-rap would not be a safety feature for a
stable seawall if it would protect one in poor condition. Mr. Baier said he is uncertain the
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City would be able to convince the State that rip.rap Is necessary. He reiterated another
project would have to be delayed if staff pursues this one. Mayor Garvey noted some
areas on Sand Key are more threatened than others.
Commissioner Berfield questioned what action Clearwater can take if the City does
not receive USACE assistance in 1997. Mr. Baier cautioned the Commission about the
City accepting responsibility for private seawalls. In answer to a question, Mr. Baier said
residents have as good a chance as the City regarding obtaining State permits. The City
would assist any private effort. Mr. Baker suggested the City hire a Coastal Engineer to
provide an opinion regarding protection of the seawall. Mayor Garvey said Sand Key
residents believe a "stop.gap" measure needs to occur. She supported hiring a Coastal
Engineer for a professional opinion. Mr. Baier suggested the project could involve the
government assisting private property owners on a share basis.
'-'
Commissioner Thomas did not support placement of rip-rap on the beach. He
supports building a jetty to allow sand to accrete. He said the problem with beach
renourishment is the difficulty in retaining the sand. Mayor Garvey questioned if a State
permit would be required to build a groin or jetty. Mr. Baier said a jetty built south of the
current one would starve beaches to the North. Commissioner Thomas recommended
building a jetty where plenty of beach exists. Mayor Garvey noted the USACE is emphatic
regarding plans to go forward with renourishment. Mr. Baier said it was important not to
do anything to lower Sand Key's priority for the project. Commissioner Thomas agreed he
did not want to do anything to jeopardize the USACE project but expressed concerns other
renourishment projects have lost their sand within several years. Mayor Garvey pointed
out the USACE project now addresses the whole island of Sand Key, including Belleair
Beach. Commissioner Thomas felt it was important for the City to have a backup plan.
The City Manager recommended inviting Jim Terry to address the Commission
regarding this issue on November 13 or November 16, 1995, and to hire a Coastal
Engineer to review Sand Key's seawalls. The City Commission concurred.
Mayor Garvey questioned the destination of the sand being dredged from
Clearwater Pass. Mr. Baier said due to silt, the dredged sand is not beach quality and is
being trucked to the Northeast Plant. Mr. Baker indicated the Department of Environment
Protection determines if sand is beach quality. Mr. Baier said if sand is beach quality,
Clearwater would have to charge Sand Key residents for that sand because the StrHe does
not allow the City to give sand to private property owners. It can only be used for
municipal purposes.
Commissioner Berfield said the Ultimar development had built tubes along the
shoreline. Mr. Baker said Ultimar used longguard tubes and still has a beach. He said the
USACE has reviewed a number of alternatives and has determined renourishment is the
way to go.
b) East End RFP Review Committee
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Mayor Garvey did not think it appropriate for one CRA Trustee to serve on the East
End RFP Review Committee. She suggested either all trustees serve on the committee or
none serve. Commissioner Thomas said he had been invited to serve and noted the City
Commission routinely has members serve on various committees. Mayor Garvey said not
of those committees is engaged in reviewing City projects. Commissioner Thomas did not
think his service is a conflict of interest. The Mayor suggested the City Commission, as a
whole, receive recommendations in a manner similar to the beach concession stand issue.
Commissioner Thomas said, as a committee member, he only would review RFPs. not
make decisions.
Commissioner Clark questioned if all RFPs will be presented to the City Commission.
Deputy City Manager Kathy Rice said CRA Executive Director Peter Gozza was handling
this process. He and the City Manager both appointed two people to the committee. If
they adhere to general practice, the City Commission will not see all submitted RFPs.
.~)
Commissioner Berfield said she had no problem with Commissioner Thomas'
participation on the committee as long as the City Commission can see the top three or five
RFPs. She said the Commission needs to see the presentations. Ms, Rice said this issue
needs to be discussed with Mr. Gozza. Commissioner Thomas said he was advised the
review would involve ranking the RFPs and only would take 30. minutes. Ms. Rice
reiterated that Peter Gozza needs to address this issue, Mayor Garvey requested the issue
be reviewed at the November 13, 1995, CRA meeting. Commissioner Clark said he had no
problem with Commissioner Thomas serving on the committee but requested additional
information regarding the selection process.
cl Federal lobbyist
Mayor Garvey said the Florida League of Cities asked her to serve on a Federal
lobbying group. She questioned if the City Commission had a problem with her
participation. Commissioner Thomas expressed concern the group will be lObbying for
issues Clearwater supports. Mayor Garvey said she will know the issue before taking a
position. The purpose of the group is to make federal legislatures aware of how federal
mandates affect Florida cities. Mayor Garvey said the Commission would have the
opportunity to provide input. Commissioner Clark said he had no problem with Mayor
Garvey's participation. Commissioner Berfield said she had no problem with the idea if the
issues are brought to the City Commission first. Commissioner Thomas agreed if the
Mayor committed to bring all issues to the City Commission first. Mayor Garvey said
relevant issues would involve a great deal of discussion before lobbying efforts begin. In
response to a question from Commissioner Berfield, the Mayor indicated she would not
participate in a lobbying effort jf the Commission did not agree with the League's position
on that matter.
The meeting recessed from 8:00 to 8:07 p.m.
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I~ ITEM #27. Other Commission A~tion
Mayor Garvey referred to ex-Commissioner Justice's suggestion that the City
purchase Bayview Mobile Home Park. She requested direction from the Commission
regarding pursuing a purchase. Commissioner Clark recommended staff explore the issue
and attempt to reach an agreement with Pinellas' County for water access.
Commissioner Berfield questioned if this project would affect the planned area study
that was postponed. Central Permitting Director Scott Shuford said it would not.
Commissioner Thomas said he supported looking at the whole picture. He
expressed serious concerns regarding the City's large inventory of real estate. Mayor
Garvey said much of the land owned by the City is parkland/open space. She said this
parcel would be used for parkland. Mr. Shuford expressed concern the City is running out
of 'options for obtaining parkland. Commissioner Thomas suggested a review of the whole
issue. Mr. Shuford indicated staff currently is reviewing the comprehensive plan.
Mayor Garvey expressed concern this opportunity not be missed. The City Manager
pOinted out the owners have indicated they are not interested in selling the subject
property. She said staff would approach the owners again.
The consensus was to review a possible purchase.
i:J
Mayor Garvey requested Commission approval for her attendance at the U.S.
Conference of Mayors' meeting in Washington D.C. Commissioner Thomas questioned the
purpose of her attendance. The Mayor said the best practices' session would provide ideas
of what works for other municipalities. Commissioner Thomas said he did not agree with
spending money for the Mayor to attend when she did not know why she is going.
Commissioners Berfield and Clark said they had no problem with l"ler attendance.
Commissioner Clark thanked the City Manager, City Attorney, and staff for all they
did to get him "up to speed."
.
ITEM #28 ~ Adjournment
The meeting adjourned at 8: 18 p.m.
ATTEST:
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