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11/19/1998 (2) ,',", '. < .'..~: I . ,,' ,: .' . ,,', ~,,'I" " ,....',.. ":';,,: .":,,""".',.:,, , '. .,'~,.. '. :" ..,,1"",':"."', .,',': ' I, ' , I ',I ~~, ,. .'. ~,<. , ...,. ,\.4_. .~, '~.:. . , , . ,i ", i. . :;':.' \ " . " , !, ,,' '. "'If" . ." .. ('. '. ~. , . ~;~ r; .. , ... COMMISSION , , , ' ~. . ' .,',,- I' , City Commission Minutes' Date I 'I I , ,'. . , , ,.' , ,I I I .j I , , ' " " . " , i I I w<" .', . 0&9-3 '1 " .~~ ':,', ~;'",:' ~..> ", i:":)' \/,': ':'." ;" ~ ~ CITY COMMISSION MEETING CITY OF CLEARWATER November 19, 1998 Present: Rita Garvey Ed Hooper J. B. Johnson Robert Clark Karen Seel MayorfCommissioner Vice-Mayor ICommissioner Commissioner Commissioner Commissioner Also Present: Michael J. Roberto Richard L. Hedrick Bob Keller Pamela K. Akin Sue Diana Gwen Legters City Manager Deputy City Manager Assistant City Manager City Attorney Assistant City Clerk Board Reporter :- , ,> ' '> '.~ '.1 , :: ~:. " The Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation was offered by Dr. Dennis MacAleer of Trinity Presbyterian Church. The Mayor led the Pledge of Allegiance. Three service awards were presented to City employees. \ I I ) I r 1. 1 I I . k I I. I I ! I t 1 I , j I I i ) . To provide continuity for research, items are in agenda order although not necessarily discussed in that order. ITEM #3 - Service Awards ITEM #4 - Introductions and Awards -- None ITEM #5 - Presentations 'a) City of Clearwater Utilities We Care Fund , Brad Varnum, Gas System, explained the citizens' assistance program designed to help folks with temporary financial difficulties to pay their utility bills. The public was invited to participate. b) North Ward Elementarv School Principal Louise Crowder-Meri gave a profile of the school and City partnership program to reclaim a portion of unused school property for usa as an environmental education center. Benefits to the students were reviewed and bookmarks presented to the Commission. One of the students reviewed a project that her class was doing. .0 c) Midland Companies art donation' -- postponed to December 8, 1998. mcc11 b98 1 11/19/98 I,' :,' .' :' .' ' " ". ,.\:" :"" -.,',.', " .",. , "", " ':', ., . ' ", ',,:, . ' ',', .. " ": :., '. " " '. "" ..: ',,'" ", ~ '1 ITEM #6 - Approval of Minutes Commissioner' Hooper moved to approve the minutes of the regular meeting of November 5, 1998, as recorded and submitted in written summation by the City Clerk to each Commissioner. The motion was duly seconded and carried unanimously. ITEM #7 - Citizens to be heard reaardina items not on the Aaenda Albert Craig and Laron Barber presented a flyer regarding Sports Start Foundation whose purpose is to help citizens alleviate crime and focus on education in the community. PUBLIC HEARINGS ITEM #8 - Public Hearina - direction re Clearwater Beach Familv Aauatics Center (PR) f.""~ (?"J'9 fn December of 1997, the bids for the Clearwater Beach Family Aquatics Center exceeded budget by approximately $200,000. At that time, staff was directed to seek other options. The following options were explored: 1) delay the project; 21 eliminate the project and reallocate funds; 3) construct a pool for $500,000; 4) construct a water playground ($250,000 to $500,0001: and 5) construct an interaction fountain ($250,000 to $500,000). Upon reViewing the options, staff made a decision to delay the project until additional information could be gathered regarding how the project relates to One City. One Future. Some citizens and other interested parties continue to lobby for construction of a $500,000 pool on Clearwater beach. Staff is requesting City Commission direction on the various options relating to this project. Operating costs and potential revenue projections for three of the above options are as follows: I , j I I , I I i ! ! Proiect $500,000 Pool (Apr.-Oct.) Water Playground Interactive Fountain Annual Operatino Costs $98,000 $30,000 $30,000 Start-Up Costs $33,000 $ -0- $ -0- Revenue $15,000* $ -O~ $ -0- (*based on historical data from Morningside Pool) Parks and Recreation Director Art Kader said the initial proposal made a year ago included a 6-lane pool, service building, restrooms, zero-depth entry, seasonal operation, plumbing for heating options, a children's play area and water playground amenities. The cost at that time was $700,000. Today it would cost around $790,000 to do the same design. Mr. Kader defined a traditional public swimming pool (compared to Ross Norton pool); a water playground (wet play equipment on a flat surface); water park (5-10 acres, compared to Adventure Island); family aquatic center (combining water playground elements with a pool); and interactive fountain. He reviewed the results of a public opinion \~ mcc11 b98 2 , 1/19/98 ...,.. " . '.... .....'. ',: "', ,.:..., ;,',".:. .".., ,'..'.., .'" I..,...~, . ,,""":. .'. .'.. :.':'~ .'.~ .~' ~".'..,.'.. '~"".'." ,..,.. :'" , ,..'....: "..~~, ') survey, compared options for consideration, and estimated annual operating costs of each option. He noted a zero~depth entry for handicapped access would add $18,000 to $20,000 to a pool project. In response to a question, Mr. Kader said the original aquatic center proposal would now require a 10% increase and an additional $20,000 for architectural fees. He reviewed needs and minimal costs related to the acquisition of new permits. Twenty-four people spoke in favor of a pool on Clearwater beach, with the majority supporting a traditional public swimming pool without water park amenities. Two petitions containing a total of 167 names in support of a pool were submitted. In response to a question, Mr. Kader said the $790,000 figure covered a building that would meet health department requirements. It included restrooms, a ticket area for staff and two breezeways with storage area. An attempt was made to follow the tropical seascape theme. No showers or changing rooms are proposed. A budget amendment' would be needed to fund the $100,000 per year operating costs. ~~ " (i,:J? . Discussion ensued regarding features, cost estimates, and time frames associated with the original family aquatic center design. Recreation Superintendent Steve Miller reviewed estimated costs to include plumbing and heating piping and equipment, extra programming, and additional personnel. He estimated total cost of operating a heated pool year-round to be about $179,000 and a projected revenue of approximately $26,000 per year. He stated reports show the old Clearwater beach pool was used by 30.40 people a day during the 8 weeks the pool was open in the summer. In response to a question, Mr. Kader said he has the architectural designs for the original family aquatic center proposal from a year ago. Mr. Kader replied health department regulations may have changed with regard to the number of required restrooms, and the project would have to go through the permitting process again. He said it would not be possible to use recreation center facilities to meet health department requirements for pool restrooms. He said a toddler pool or children's activity area could be added later as a separate tank, but a tank in the ground cannot be retrofitted. He said he could bring in a pool facility without heating pipes, for $500,000, but requested an allowance of 10% in contingency funds. There was discussion regarding the promise made by a former commission to build a new pool on Clearwater Beach to replace the one lost to Pier 60 Park. Commissioner Johnson moved to construct a traditional public swimming pool on Clearwater beach for $500,000. There was no second. :=> A comment was made, while it is desirable to live up to promises made by a former City Commission, it is also necessary to serve the entire public. A plain traditional pool without'provision for toddlers, inadequate ADA access, and without attention to aesthetics was considered unacceptable. A magazine article was quoted, highlighting the changing mcc11 b98 3 11/19/98 ~ needs of public pools to offer a variety of activities for a broader range of the public. Given the City's current emphasis on appealing, attractive, tourist-oriented projects, it was felt a plain, traditional pool was out of character with trying to raise the bar and would be a mistake. An opinion was expressed it is premature to proceed with a pool project until the direction of beach development is known and a more suitable, spacious site is identified. Commissioner Seel moved to approve the original concept for a family aquatic center which included 6 lanes, service building, restrooms, zero-depth entry, seasonal operation, a child's play area, water playground amenities, and a decorative fence. Some water playground features could be added later, if desired. The design does not include showers, locker rooms, heating, or year-round operation. The pool would have plumbing installed to provide for the option of heating later, if desired. The motion was duly seconded. Staff "Yas asked to determine the square footage of the shallow water at the zero. depth entry ramp and report how that area compares to the size of toddler pools at other facilities. The City Manager said he will come back with any significant cost increases. t(.~ '{~ In response to questions, Mr. Kader said the earliest possible opening date would be in October 1999, too late for the Summer season. Consideration was given to timing the project for opening in Spring, 2000. Upon the vote being taken, Commissioners Johnson, Clark, Hooper, and Seel voted "Aye"; Mayor Garvey voted "Nay." Motion carried. The meeting recessed from 7:45 to 8:02 p.m. ITEM #9 - Public HearinQ & First Readinn Ord. #6348-98 - regarding new Community Development Code (PLO) The City's consultant, Siemon, Larsen & Marsh, has completed the official draft of the new development code to replace the existing land development code. The new code has been reviewed by many citizen groups, neighborhood and professional organizations, local engineering, architectural, contractorlbuilder, and realtor associations. Comments and suggestions have been incorporated into the proposed official draft. The new code has been developed to provide land development regulations that address community needs into the next century, and provide direction for redevelopment and new development. The new code streamlines the development process and provides predictability and flexibility in a manner that creates adequate safeguards for surrounding properties and neighborhoods. The Planning and Zoning Board and Environmental Advisory Board reviewed the new code, conducted public hearings, and forwarded recommendations to the City Commission. The Development Code Adjustment Board continued their public hearing of the item to allow more time for review. '-) mcc11 b98 4 11/19/98 :. . " , "<J::':',,~<<: '~",:,.']:'.~,',,~.,:,..:;:,.',:,,: ,'j.,;::::;:" .:~." .. ,.' :.::.: ','': . ".:~~:,~'..,:'./.;' "'. '( 0;,"::',':: .',0 .. ' , . f ~ .' ": ;~: j ': I",. . " .',.' '. ,', ", ~ :~' .',~:':,;::,:: 'f::;', ,',.', , " ., ' :d:,:~!\\;"::<,::'):,:;;':::/:";,:,':\:::::'~"::';:\/:':.:,:.',i::'~~:' :::~\:..:,,;'.'~:::' ,:.,~.,: /<".::',,';".' ' . . 0 ,., , . .. ......:C:i ;:,:ii>~ : ,', ~(;/ ': <:( i.'(:;P ~,. Xi;} +,,', i': ~;i;:.. ;:,'::i,':::;:<?:f1'::?: :~>.:-:,:- ,,' ,':,:' " ,::.,;,t"., ',,; ~ . ': .I~lo~,: ';, ,li:I. ,: ,":,': ,U..:. .' '." "',."",,.','. ',,' ., , >/.'<( ::. :;~ :~~,:.: ,;c , " 0 tJ Consultant Charlie Siemon reported the document was a comprehensive culmination of a 2-year effort. He reviewed an addendum reflecting changes requested by the Commission at last Monday's work session. City Planning Director Ralph Stone reviewed memos from November 18 and 1 9 reflecting changes recommended by the Planning and Zoning Board and Environmental Advisory Board. He noted four drafts have been produced. There has been communication and interaction with the community. He believed the objectives proposed improve the organization of the code, making it easier to use. The language has been simplified, defi,nitions have been expanded, graphics have been included and the development process has been simplified. Fourteen people spoke regarding the issue with the majority requesting additional time for evaluation and clarification of the new code. Staff and Mr. Siemon responded to questions regarding height restrictions on Clearwater beach, density, transfer of development rights, public hearing notification to surrounding neighbors, obtaining copies of the proposed code, purpose of an overlay relative to enforcement of deed restrictions, attached dwellings on vacant lots, composition of advisory boards and use of bright colors in redevelopment. a 0.:.7 The City Manager stressed the importance of ensuring citizens have enough information to satisfy their concerns. There was discussion regarding delaying second reading of the ordinance until January. Mr. Siemon was requested to reexamine the 4: 1 ratio of assessed values to improvements. Discussion continued regarding duplexes on corner lots, determination of lot vacancy and eligibility/procedural requirements for special overlay districts. The City Manager suggested continuing first reading of the ordinance to the December 10 meeting to allow time to consolidate all revisions of the code into a single document. It was noted benefits to be derived by the rewrite of the land devefopment'code were the establishment of minimum property values, regulation of outdoor displays, prohibiting storage facilities in the downtown, more landscaping and less asphalt throughout the City. Commissioner Clark moved to continue Item #9 to the meeting of December 10, 1998. The motion was duly seconded and carried unanimously. ITEM 1110- Public HearinQ - Reciprocal Easements AQreement with Highwoods Florida Holdings, L.P.; declare surplus and grant to Highwoods a perpetual non.exclusive easement for ingress, egress and parking over portion of tract of city owned land lying within NW% Sec. 17-29-16, Parcel" A" and Parcel "B" of said agreement, in consideration of mutual benefits to be derived, subject to final approval of general site plan for Park Place Office Center, 380 Park Place Blvd. (PW) \.,;} mcc11 b98 5 11/19/98 , I I [ I r l' { . ' .',.: :.~ ,: '. ",. ,<< . 1. " .- . :,' . ;' " ',~ .~,' ,<. .' .' , , '. "I',,; ., L'. ~' ~', ':., , '" "... ' .,'. . > . , ' . <, , ., ' . ,", ",:, :::". : ~<~,' ;:, ,,:::";':';:"<:':>, '<<:>..,, ::';,.,.'",',..,':,:'..,,::,'.,:,',;:~(::r :::~,.(:,/;::.';:::':..<><,~ .~: ,:':-:" :' ":',,', "'. ,;',:':. .'.".:" , , >:; ,: ;'::~:",:' '. " . i:.,:::':~':": :;?' '...., ~.:,;::.'" , " ,'I '\ . , i ,.': '.', '.' "':'," "~cl~"c . ~ i '",,~:. ," ... "" " '..' ," ':;, :,...,>.,~..:....,"..:/.::,':::,",:..:..:":', ""',:"", ',"';::;;?,::. I . ",' ,,'..,',';,;,::~I", ,.,',i, :, '. :".:>,"," ,';ii.,';.'" "..,' ,~;.:', :,':.,',,',:, '~,',,:.' ',~" ,:.': ;':"~";:-'(':~'>>':':: , :,", .':'. .', :::', ' <~'~~ ' \::. "~:;' . .':, ,<',;:;,; '>:> ': :" <:" ;.~ ""::'::]:;-:Yi:',:" .. .." .' " ,: ,>, ,', , ,:' ::;' ":', <k 'I ,:::.,-t:::; lL.2::j '~' ",';.' 121' ,>"", ;"'_~'~ :.': ..,'::', ":"'-: ,":/': ,',t, '::"'" ' 1:....,...:.. ,+,.r,.:'" .,: ": ,.,1 ',".';' ..,.. ,~,..'. :',',', "~"'~'.'~j.' .'," ,':'::','+ .,...:', '~: .""r :'.:,:.',,',.' 'rl.'.',..:,~ 'L';.:'< ..,~.'.~:':.".:~~-.}..,. ;I":,.~,,, '1 (::t~ "JP t ,~ , Highwoods Properties has submitted a site plan to construct an 82,000 square foot, three story offic,e building on a portion of the Park Place property lying south to City Reservoir Number 2 and soccer fields property at 211 33 US 19 North. The City required enlarging the proposed stormwater detention to avoid overflow flooding of adjacent properties. Expansion of the detention pond reduced the available area for 369 required parking spaces. The agreement commits an approximate 10 foot wide strip of the City's property for Highwoods to construct a portion of its parking lot, with a 24 foot wide ingress/egress drive connecting with the asphalt driveway on the City parcel. This additional land will accommodate required parking, and provide a buffer area for trees which will be preserved on the site. In return, Highwoods will allow parking for the soccer fields in the project parking lot during non-business hours, including weekends and national holidays. The agreement obligates Highwoods to pay all costs for the operation and maintenance of the City parcels. The cross easements will run with the lands in perpetuity unless mutually terminated by the parties, or otherwise amended by their successors or assigns. Public Works Administrator Rich Baier responded to questions regarding a water storage tank on City property and stormwater retention pond on the Park Place property. He said the vegetation line between Highwoods and the soccer fields will be cleaned out to eliminate the homeless problem, but the trees will remain as a buffer. Commissioner Johnson moved to approve the reciprocal easements agreement with Highwoods Florida Holdings, L.P.; declare surplus and grant to Highwoods a perpetual non~ exclusive easement for ingress, egress and parking over portion of tract of City owned land lying within NW% Sec. 17~29M16, described in Exhibit A of said agreement, subject to final approval of general site plan for Park Place Office Center, 380 Park Place Boulevard. The motion was duly seconded and carried unanimously. ITEM #11 - (Cont. from 11/5/98) Public HearinQ - Declare surolusto city needs, 600 Franklin St., Gould & Ewing's 2nd Addition to Clearwater Harbor, Blk 7, part of Lot 1, for purpose of selling; approve contract with Pinellas County Housing Authority for sale thereof, for $74,800 less closing expenses est. at $560, for approx. net sale proceeds of $74,240 (ED) Commissioner Hooper moved to continue Item #11 to the meeting of December 10, 1998. The motion was duly seconded and carried unanimously. ITEM #12 - Variance(s) to Siqn Requlations for property located at 1230 S. Myrtle Ave., Milton Park, Blk 9, Lots 1-5 & 10-14 (Thompson Executive Center & Partnership, SV98- 15)(PLD) The applicant is requesting variances to allow (1) three additional single-faced, freestanding signs, (2) additional sign frontage square footage, and (31 a right-of-way setback. Approval would allow four existing single-faced, freestanding signs to remain on the office property known as Thompson Executive Center Partnership. Conditions supporting approval are: 1) the signs are necessary to identify the complex for travelers on mcc11 b98 6 11/19/98 ; ,. ,,' .>,.' .'~~ '.' '.:,'.~',.,::'",.~:.~:...':'",',:",:>,:.:..:',.,': ,~' >,.".,::'. ,... "'1', :".' . ::'. ,...., '.' ':';'.: 1,.<",.:,..,'. :,.." ,",.' '.'..,..'...::,:,,'.'..'::, ,~ Myrtle Avenue; 2) access onto the site ;s limited to the two side streets, Pinellas and Grand Central Streets; 3) strict enforcement of the sign code would impose a hardship on the applicant that would outweigh any derivative public benefit; 4) removal of the signs would make it extremely difficult for customers and emergency vehicles to locate the complex quickly and easily; 5) the signs are not physically obtrusive and do not interfere with utilities, pedestrians, or vehicular traffic; and 6) materials and design of the signs are consistent with the development's architectural features. Planning Director Ralph Stone reviewed variance requirements and showed photographs taken yesterday of the subject property. Mr. Thompson, the applicant, briefly reviewed the history of his development, indicating the signs are compatible with surroundings. In response to a question, it was indicated the size of the new signs shown in the photographs meet the sign code. One letter of support from the adjacent property owner to the south was submitted for the record. Commissioner Hooper moved to approve variances for: . (1) three additional single- faced, freestanding signs, (2) additional sign frontage square footage, and (3) a right-of- way setback to allow four existing single.faced, freestanding signs to remain on the office property known as Thompson Executive Center Partnership, 1230 South Myrtle Avenue, subject to the following conditions: 1) no additional free-standing signs will be added to ~. the property; 2) a landscape plan will be submitted to and approved by City staff and/or the (~?;~~ City's Landscape Architect prior to the hearing date; and 3) appropriate landscaping Ito be approved prior to issuance of variances) will be added to soften and enhance the signs located on Grand Central Street and Pinel/as Street according to Section 42.27 of the City of Clearwater Land Development Code. The motion was duly seconded and carried unanimously. ITEM # 13 ~ Public Hearing ~ determine whether a public nuisance exists on property located at 1350 Gulf Boulevard owned by Beach Communities II, Inc., Glen R. Johnson, Registered Agent (PLD) Since September 1995, the City has received numerous complaints from neighbors of the subject property regarding the overgrown lot, debris, unsightly and incompatible structures, operating a business in a residential area, noise, and the generally undesirable situation. The Municipal Code Enforcement Board found the property in violation on May 27, 1998. A compliance date was ordered with a fine of $150.00 to be assessed for each day the property remains in violation. Such fines have been accruing since June 27, 1998 and totaled $18,900 as of October 30, 1998. The property owner has made no successful attempt to address neighbors' complaints or to bring the property into code compliance. Planning Director Ralph Stone and City Inspectors Bob Scott and Vern Packer reviewed the property's history, submitted photographs of the site, and requested determination of a public nuisance. It was indicated the fines currently exceed $20,000. Staff reviewed their efforts to satisfy neighborhood concerns. As the owner has made no ,~ mcc11 b98 7 11/1 9198 ~ , ' .f.;("'~ ~ ,rl. 'l~f..'~ ' effort to correct the situation, staff requested authority to cut utility service to the site. It was indicated mail sent to two addresses in Largo was unclaimed, and evidence exists a business is being operated from the subject property. The property owner was not present and was not represented. Four people expressed concerns regarding nuisance conditions on the site. Commissioner Clark moved to declare a public nuisance exists on property located at 1350 Gulf Boulevard owned by Beach Communities II, Inc., Glen R. Johnson, Registered Agent and authorized the City Attorney's office to seek jUdicial relief for abatement. The motion was duly seconded and carried unanimously. The inspectors were commended for their professionalism in helping homeowners with concerns. Public Hearinq ~ Second Readinq Ordinances ITEM #14 ~ Ord. #6332-98 ~ Relating to Building and Development Regulations; amending Sec. 47.051, Adoption and Enforcement, to Adopt the 1997 edition of the Standard Building Code and Standard Mechanical Code . The City Attorney presented Ordinance 6332-98 for second reading and read it by title only. Commissioner Clark moved to pass and adopt Ordinance 6332-98 on second and final reading. The motion was duly seconded and upon roll call, the vote was: nAyes":, Johnson, Clark, Hooper, Seel, and Garvey ItNays": None. ITEM #15 ~ Ord. #6340-98 - Annexation for property located at 1601 Stevenson Dr., Stevenson's Heights, Blk C, Lot 7 IAgnes E. Akins, A98-27) The City Attorney presented Ordinance 6340-98 for second reading and read it by title only. Commissioner Hooper moved to pass and adopt OrdJnance 6340-98 on second and final reading. The motion was duly seconded and upon roll cal1, the vote was: I1Ayes": Johnson, Clark, Hooper, Seel, and Garvey "Nays": None. ITEM # 16 - Ord. #6341-98 - RS-8 Zoning for property located at 1601 Stevenson Dr., Stevenson's Heights, Blk C, Lot 7 (Agnes E. Akins, A98-271 ' The City Attorney presented Ordinance 6341-98 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance 6341-98 on second and final reading. The motion was duly seconded and upon roll call, the vote was: ,~ mcc11 b98 8 11/19/98 ~ ~ ~J- . .~'.~'" . ::." :.,....'.,'. '., ~"'.' ,> ,"::"'. ..,...,.." ."'" '","""',' '...~,": .',.'.'..,..'..':.'..:: ',:. ...:...,1...,:. :,I.'~.: ," '.','.' ',~ . ,"', '\"'1:' I' ? UAyes": Johnson, Clark, Hooper, Seel, and Garvey "Nays": None. CITY MANAGER REPORTS CONSENT AGENDA (Items #17-27) - Approved as submitted ITEM #17 - Approval of Purchases per 10/25/98 memorandum: . " Tree Line Sales and Service. Inc., 1 st of 2 available extensions, annual inspection and repair of aerial buckets & cranes used by various departments, 11/20/98-12/31/99, est. $40,000 (GSS) , ' " " , " , ' <, Kelly Services, 1 st of 2 available extensions, temporary employment service used by all departments, 12/1/98-11/30/99, est. $45,000 (HR) lakeside Occ;:upational Medical Centers, P.A., pre~employment & annual physical examinations and random drug testing for all personnel except Fire, 1/1/99-12/31/99, est. $60,000 (HR) .' t;) , ...",..\ Doctor's Walk-In Clinics, new hire & annual physical examinations for Fire Department personnel, 1/1/99-12/31/99, est. $38,000 (HR) Vermeer Southeast Sales and Service, Inc., one Vermeer V-3550A trencher to be used throughout gas system by CGS, $25,360.36; funding to be provided under City's Master lease-Purchase Agreement (GSS) Miller Bearings, Inc., misc. sealed bearings to be used at WPC facilities, 11/20/98- 12/31/99, est. $50,000 (Public Utilities Dept.) Standard Insurance Company, fang term disability insurance for employees not eligible for pension plan coverage, 1/1/99-12/31/99, est. $30,000 (HR) Gator Asphalt Paving, Inc., slag cold mix asphalt for use throughout City by Public Service/Streets, 11/20/98.12/31/99, est. $50,000 (Transportation & Drainage Dept.) Garber Chevrolet Geo, Inc., two 1999 Chevrolet Tahoe full size pursuit utility vehicles for use throughout City by Fire Department personnel, $54,750; funding to be provided under City's Master Lease-Purchase Agreement (FD) ITEM # 1 B - Aoreement with FDEP providing for assessment and remediation of orphaned and abandoned sites within Clearwater Brownfields Area (ED) ,~) mcc11 b98 9 11/19/98 ~ ITEM #19 - Approve Disaster Relief Fundina Aareement with Florida Dept. of Community Affairs {FOCAl (FO) ITEM #20 - Approve three 3-vear leases with a.J.E., Inc., for Units 1 06~1 08 for use as Beach Library, Unit 113 for Jolley Trolley, and Unit 208 for Beach Police Substation~ at , 483 Mandalay (Pelican Walk) effective 1/1/99 (LIB) ITEM #21 ~ Contract to Pinellas County School SYstem / Clearwater Adult Education Center, provision of educational services, est. $63,000 (POI ITEM #22 ~ Appoint Bob Shipp to Board of Trustees, Clearwater Police Supplementary Pension Plan, far term 1111/98-11/1/2000 (PO) ITEM #23 - Contract for Storm Pipe Reolacement Woodside / Woodcrest Avenue, Suncoast , Excavating & Utilities, Inc., $134,546.50 (PWI ITEM #24 - Approve Second Amendment to Agreement with SWFWMD; and Contract with FOEP for funding for Cooper's Point Restoration and Management (PWI ,ITEM #25 - Approve certain Stormwater Utility Proiects for inclusion in the Capital Improvement Program budget for Fiscal Years 1998-99 and 1999-2000 (PW) "\l;~) t . ). ~~... ITEM #26 - Water Main Easements in Lots 2 & 3, Storz OOhthalmics. Inc. Park Place (Grand Reserve at Park Place limited Partnership){CA) ITEM #27 - .Water Main & tnQress/EQress Easement - Wellinqton Aoartments, 2900 Drew Street (next to Eisenhower School), Sec. 8-29-16 (TWC Ninety-Four, Ltd.)(CA) Commissioner Johnson moved to approve the consent agenda, as submitted, and authorize the appropriate officers to execute same. The motion was duly seconded and carried unanimously. OTHER ITEMS ON CITY MANAGER REPORT ITEM #28 ~ First ReadinQ Ord. #6531-98 - Relating to purchasing; amending Secs. 2.547, 2.564 & 2.624, and deleting Sees. 2.602-2.608 (FNI ..~ Purchasing focus groups were convened to provide user input concerning simplification of purchasing procedures. The focus groups recommended changes to the Purchasing Ordinance that will streamline purchasing procedures and still retain adequate controls. Approval of this ordinance will implement those recommendations that can be changed through the purchasing ordinance process. Elimination of the $10 bidder registration fee will encourage more vendors to register with the City. The $7,000 annual revenue loss will be partially offset by a decrease in reproduction, postage and staff time required to re-enter vendor data each year. Raising the bid requirement from $500 to $1,000 will decrease the time and paperwork involved in making small purchases. The mcc11 b98 10 11/19/98 i \ I I r I .,j"', "'.'" '. ':. ':.,',~,>~,:',:',:,~:':'_'..:','>,'..:;';I ~.:.l... ,'..... "~....:.. '..'.,,(:.....:~'.\.. '.. .\,4 ,.:'~: ",' '~.'..:',j....' ..:',_ "~'I ..-. .,'."... ..',~,':.'. '.'..,',~.',,: " ') State of Florida uses a $5,000 limit and St. Petersburg uses a $2,500 limit. Services exempt from the bidding process under Florida Statue 287.057 have been added to the Jist of exceptions to the City of Clearwater's bid process. Recycled paper criteria have been deleted from the Code of Ordinances and will be moved to the Purchasing Procedures Manual. Authorization for disposal of surplus/obsolete personal property with a current value of less than $500 is delegated to the City Manager. Commissioner Clark moved to amend Sections 2.547, 2.564 & 2.624, and delete Sections 2.602-2.608 of the City of Clearwater Code of Ordinances, related to purchasIng. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance 6531-98 for first reading and read it by title only. Commissioner Seel moved to pass Ordinance 6531-98 on first reading. The motion was duly seconded, and upon roll call, the vote was: "Ayesfl: Johnson, Clark, Hooper, Seell and Garvey. lINays": None. ITEM #29 - Second Amendment to License Aqreement for Alexandra of Clearwater Beach, Inc., and Termination of Lease Agreement with Keramitsa, Inc. d/b/a Beach Diner ~~ The City Manager reviewed terms of the license agreement, stating it will allow Mr. ~~:~ Chandler to increase the Pier 60 concession stand's footprint up to 30 feet to the east, if he wishes. If he decides he doesn't want it, Mr. Chandler can give the City permission to sublease the space, totaling about 600 square feet. This agreement is part of the settlement agreement with the Beach Diner, felt to be necessary because the City needed Mr. Chandler to move out of the diner much earlier than expected due to the beach entranceway project. It was felt, as the City redevelops,' it needs to be careful in promising that something will remain open longer than it might. Approving this item was considered to be a severance agreement. Mr. Chandler was commended and thanked for keeping his business open for the benefit of emergency personnel during recent storms. Commissioner Johnson moved to approve Second Amendment to License Agreement for Alexandra of Clearwater Beach, Inc., and Termination of Lease Agreement with Keramitsa, Inc. d/b/a Beach Diner. The motion was duly seconded and carried unanimously. ITEM #30 - Contract to Pinellas Press for printing of Clearwater Magazine for $120,000, and approve funding increase of $1 2,000 for Clearwater Magazine for current fiscal year to cover increased costs due to production and printing of new mailing list of 55,000 (PCM) Clearwater Magazine is mailed quarterly to all City residents and is believed to be a valuable information tool on City projects, programs, and activities. It is also distributed ~ mcc11 b98 11 11/19/98 ~ through Parks & Recreation centers and the Library. Circulation in 1 997/98 was about 44,000 per issue, but list data was inaccurate. Circulation with the new mailing list from a new source wlll rise to 55,000 in 1998/99. Due to the increase in printed copies, and a change to a gluing process for the Bwpage calendar pullwout section, as well as anticipated additional production changes, costs will increase. The current budget for this item is $10B,000, based on last year's circulation. A $12,000 increase is requested, for a total of $120,000, to anticipate additional production changes that may OCCllr in 1998/99. The Public Communications and Marketing budget contains sufficient funds for postage and inserting for the additional issues. Jackii Mosick, Public Communications & Marketing, responded to questions, stating she was satisfied with the quality of the sample issue submitted by the selected bidder. ',' I An opinion was expressed the magazine is a vanity piece and serves no informational purpose. Concern was expressed in paying $1 20,000 in pUblic funds for a magazine that can be printed for free and the City retaining complete editorial control, by allowing advertising. Staff was requested to make an earnest effort to explore this concept for next year. ~''htt.. ." ~ . t\;.~ ~,~ ... Commissioner Seel moved to apprOVB contract to Pine lias Press for printing of Clearwater Magazine for $120,000, and approve funding increase of $12,000 for Clearwater Magazine for current fiscal year to cover increased costs due to production and printing of new mailing list of 55,OOOm recipients. The motion was duly seconded. Upon the vote being taken, Commissioners Johnson, Hooper, Seel, and Mayor Garvey voted "Aye"; Commissioner Clark voted "Nay." Motion carried. Commissioner Clark remarked his "nay" vote was no reflection on the quality of Pinellas Press. ITEM #31 w Approve continued participation in ioint venture to study providing Emergency Medical Services (EMS) transportation services throughout Pinellas County, cost not to exceed $38,000 (FD) Fire Chief Herald 'requested a continuance stating he wishes to gather additional information before making a recommendation. Commissioner Hooper moved to continue Item #31 to a date to be determined by staff. The motion was duly seconded and carried unanimously. ITEM #32 - Contract for purchase of real propertv with The Salvation Army, 900'Pierce Street" Coachman Heights Revised Sub., Blk A, west 100' of south 20', m.o.!. of Lot 3 and west 100' of Lot 4 less street, for $100,000 plus est. expenses of $12,000 for environmental audits & $1,875 for boundary survey & closing costs, for total not to exceed $113,875 (PW) :~ mcc11 b98 12 11/19/98 :' , " . -i' ;, ..... . ~ .' \ ":. " .:' . . " '+' ',:: ,I - .': ':, _ , . .. L ".. '" ' " . "; ~ .', . '. '" ',.,':, ~ ,~ .' ~ ',' ". ..f:. '".." , ,:, , ,. " .' ~,f{ , . ,'. " , :' ,~. :". I.... ,..., ,".':. " .' ,'::' . :\ _ .:: ':.'. ',' t' '. . '1 This property is one of four separately owned parcels the City needs to acquire for the "Town Pond" in the block bounded by Park Street on the north, Ewing Avenue on the east, Pierce Street on the south and Pros'pect Avenue on the west. The Salvation Army has agreed to sell the property for its current market value of $100,000 as determined by an independent appraisal performed by James M. Millspaugh, MAl, dated July 29, 1998. The City will have 60 days following approval of this contract to conduct environmental audits and other investigations to determine additional costs this purchase may generate. If these costs are unreasonable, the City may, among other options, terminate the agreement upon written notice to the seller within the 60.day due diligence window. Staff will continue to work with other owners within the block to purchase their properties at prices supported by professionally performed independent appraisals. The subject property is improved with a masonry and glass 4,797 square foot "storefront building" constructed, in 1956. If the Town Pond project should not be undertaken, the building would be suitable for a variety of interim uses by'the City, or provide value for future resale. Funding is to be provided from bond proceeds as anticipated in the results of the Utility Rate Study. Any financial resources required to be used prior to issuance of the bonds will be provided by a l.oan from the consolidated cash pool. An opinion was expressed the contract should be contingent on the purchase of the surrounding properties. Rich Baier responded the Economic Development office is bringing forward contracts for the purchase of three additional parcels that are crucial to the project and represent the majority of the remaining property needed. Some of those negotiations (H't were concluded today. ..,,::) Commissioner Clark moved to approve a contract for purchase of real property with The Salvation Army, 900 Pierce Street, Coachman Heights Revised Sub., Blk A, west 100' of south 20', m.o.!. of Lot 3 and west 100' of Lot 4 less street, for $100,000 plus estimated expenses of $12,000 for environmental audits and $1,875 for boundary survey and closing costs, for a total not to exceed $113,875. The motion was duly seconded and carried unanimously. ITEM #33 - AQreement with Harvard Jollv Clees Tappe Architects, Inc., for basic ($828,750) & additional ($275,614) architectural and engineering services for new Main Library, for a total $1,104,364 (PWI This agreement, by and between Facilities Development, Department of Management Service, State of Florida, (Agent for the Owner) City of Clearwater, (Owner), and Harvard Jolly Clees Tappe Architects, Inc. (HJCT), is for the architectural and engineering (AlE) services necessary to provide construction documents as well as bidding services and construction phase services for the new Main Library. The fees associated with this agreement are based on a construction budget of $9,750,000. The total budget for this project will be $12,000,000, and includes basic and additional AlE services, construction, Sta~.e of Florida Department of Management Facilities Development Division (FD) services, and a 10% construction contingency. The agreement was negotiated for the City of Clearwater with the assistance of State of Florida, Department of Management, Facilities Development Division. The Basic Services portion of the agreement includes the i~ mccl1 b98 13 11/19/98 8 It was noted there has been previous discussion regarding a 90,000 and 112~OOO square foot library. ,") Programming, Conceptual Schematic Design, Schematic Design, Design Development~ Construction Documents, Bidding~ and Construction Phases. The Additional Services portion of the agreement includes the Interior Design, Library Design Consultant, Landscape Consultant. Technology Consultant, Acoustical Consultant, Graphics & Signage, Environmental Assessment, Gootechnical~ Survey, RE'nderings, Travel Allowance and Miscellaneous Allowances for the project. The agreement between Robert A.M. Stern Architects team (RAMSA) and HJCT will be executed upon approval and execution of the City's agreement with HJCT. The fees to be paid by HJCT to RAMSA total $299,450. RAMSA's portion of the basic services will be $138,450. Additional services from RAMSA will inClude Design Consultation for $100,000; Interior Design for $30,000; Renderings for $13,000 and Travel Expenses not to exceed $18,000. The project duration will span several fiscal years. Deputy City Manager Rick Hedrick said the $9.75 million estimated construction cost would build a 70,000 square foot main library at an estimated cost of$130 per square foot. The current Penny for Pinellas allocation for the library is $12 million. To construct a 70,000 square foot library, the City would have to appropriate at some point an additional $1 .5 to $ 2 million to cover costs of borrowing the $1 2 million. While staff feels $9.75 . million for a 70,000 square foot library is the optimum plan, the contract does not lock the City into 70,000 square feet. As examination of library programming proceeds, if a smaller or larger size is chosen, the AlE services fee would be adjusted. In response to questions, it was indicated the decision whether or not to have a freestanding library will be made during the programming phase with the architects. Any adjustment to building programming done by prior consultants would be done by Quality of Life Administrator Arlita Hallam in consultation with the architects. As information regarding sites, programming options, and square footage demands becomes available, Dr. Hallam and HJCT will coalesce this information into a recommendation. The Commission will determine the' final uses and square footage to accommodate those uses. Discussion ensued regarding calculation of AlE fees for the Basic and Additional services outlined above. Fees for the Conceptual Schematic Design and Schematic Design phases were indicated to be $161,000. Clarification of the indemnification clause was requested. Discussion ensued regarding fee percentage related to scope of work, and amount spent on consultant reports. Concerns were expressed with exceeding the $12 million in Penny for Pinellas funds approved for the library. It was indicated $1 2 million including borrowing costs would only build a 55,000 square foot library; the current library is 50,000 square feet. Without borrowing, construction would have to wait until 2007. In response to a question, Finance Director, Margie Simmons projected construction cost inflation at approximately 3% per year. Waiting until an out year would likely cost more then financing the project now. . mccl1 b98 14 11/1 9/98 ~'.; .'.,. I..,.......~, ,.,..".,'." ;'.~' ..'~~,...,., :,;:",,': ','~'.' ;:"".: .' ."'.:,"\,...~I"t,,.,.,. .I:,',:..t.~..~ . " ,'. ..',',.~ ...',..:,..~'....'.'... '~:=.":' '.' ::,", t) It was noted the Commission established a new main Ilbrary as its 112 priority on the Penny for Pinellas project list. There was discussion regarding borrowing an amount sufficient to immediately build a 90,000 square foot library; 2) delaying the library for a few years until the City gets the funds to build; and 3) approving the schematic and site now to give citizens confidence that the City is proceeding. Three persons spoke in support of building a 90,000 square foot library, adequate to accommodate the current population and projected growth in library use. Library Foundation and Friends of the Clearwater Library representatives noted that having a signature building designed by architects of this caliber will attract donors and promote fund raising efforts. ' In response to a question, Dr. Hallam indicated to date a total of approximately $54.000 has been spent on consultants' reports regarding the library. ~~i' .,-:; .~. 0.:..0\.1' A recommendation was made to spend $1 61,000 on the schematic design phases at this time. Clarification was requested of what the City will get for $161,000. It was indicated site issues, space needs, schematic design and elevation drawings would be addressed. The library architects would work with Mr. Siemon on integrating the library into the downtown plan. Concern was expressed no money has been allocated for land, and too many questions remain unanswered. In response to a question, it was indicated the $161,000 would come from Penny for Pinellas dollars and the $1.2 million for library , design is in the current budget. The Duncan Webb consultant report was requested as soon as it becomes available. , ! i I I , ! I f I 1 Commissioner Hooper moved to approve architectural and engineering service fees for the schematic design phase of a new Main Library in an amount not to exceed $161,000. The motion was duly seconded and upon the vote being taken, the motion carried unanimously. ITEM #34. Client Aaencv Aareement with Florida Department of Manaaement Services, Facillties Development Division, for Program Management Services for new Main Library, $170,626 (PW) The City wishes to retain the services of the State of Florida Department of Management Services Facilities Development Division (FD), as permitted by Chapter 255.31, Florida Statutes, for providing program management services for the new Main Library. The FD has provided similar services to the various branches of State government for many years. Their clients have included universities, junior colleges, local school boards, the correctional system, etc. Recent legislation has allowed local municipalities to use the services of the FD for building construction projects. The FD will provide the following services: Direction/consultation to the architect/engineer in the conceptual schematics phase, the construction documents phase, the bidding phase and the construction phase; prequalification and selection of contractors and subcontractors, '~ mcc11 b98 15 11/19/98 Commissioner Seel moved to authorize execution of Highway Landscape Maintenance Memorandum of Agreement with FDOT for beautification of pilot corridor along SR60 (Gulf to Bay Boulevard) to be performed by the City. The motion was duly seconded and carried unanimously. " I ') contractor fee negotiations, contractor contract preparation and execution, contractor design phase services, contractor construction phase serviecs and contract closeMout services. , The FD negotiated the agreement for Architectural/Engineering (A/E) services for this project. Their involvement in this phase of the project saved the City approximately $695,000. The original A/E services quote was approximately $1,800,000. The negotiated agreement is in the amount of $1,104,364. The project duration will span several fiscal years. The FD's fee is 1.42% of the project budget. In response to questions, it was indicated the contract with the State is to provide assistance regarding site allocation issues. The State office works to make square footage in buildings more usable. Commissioner Seel moved to approve $17,000 for the Client Agency Agreement with the Florida Department of Management Services, Facilities Development Division, to I assist in the first phase'of a new main library. The motion was duly seconded and carried unanimously. ITEM #35 - Res. #98-58 - ALithorizing execution of Highway Landscape Maintenance Memorandum of Agreement with FOOT for beautification of pilot corridor along SR60 (Gulf to Bay) to be performed by City (PW) .~ ~ The revitalization of Gulf-ToMBay Boulevard is a key component in the City's One City. One Future. blueprint. As Clearwater's "Grand Boulevard," enhancing the Gulf-To- Bay,Boulevard corridor will make a positive impression on visitors and residents. The Florida Department of Transportation (FOOT) requires a Memorandum of Agreement to , allow landscaping within their right-ofMway. The City Attorney presented Resolution 98M58 and read it by title only. Commissioner Hooper moved to adopt Resolution 98-58 and authorize the appropriate officers to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey. "Nays": None. .', ITEM #36 - Other Pendina Matters - None. o mec11 b98 16 11/1 9198 I \ I I \ I"~ ,~ .. / CITY ATTORNEY REPORTS ITEM #37 - Res. #98-57 - Demolition lien - 1108 N. Greenwood Ave., Greenwood Manor, ~ot 4 less road and part of Lot 5 (Raybon R. Curtis, Alvin G. Curtis) The City Attorney presented Resolution 98-57 and read it by titre only. Commissior.er Clark moved to adopt Resolution 98-57 and authorize the appropriate officers to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey. "Nays": None. ,. " .,' ITEM #38 - First Readinn Ord. #6350-98 - Relating to Beautification Committee, amending Sec. 2.102 to reduce number of members from nine to seven In response to a question, City Attorney Akin said currently board vacancies exist, so it will not be necessary to remove anyone. The City Attorney presented Ordinance 6350-98 for first reading and read it by title only. Commissioner Seel moved to pass Ordinance 6350-98 on first reading. The motion was duly seconded, and upon roll call, the vote was: (8 "Ayes": Johnson, Clark, Hooper, Seel, and Garvey. "Nays"; None. ITEM #39 - Other City Attornev Items The City Attorney requested an attorney-client session regarding Timm vs. City of , . Clearwater. Consensus was to schedule the session on Monday, December 7, at 9:00 a.m. before the work session. ITEM #40 - City Manacler Verbal Reoorts The City Manager reported Sam's Club has received a $300 grant for ,the Gulf-To-Bay corridor improvement project. ITEM #41 - Commission Discussion Items a) Referendum requirement for revenue bond issues The existing Charter provision for Revenue Bond limitations states: "Such ordinance shall in addition contain a provision requiring that revenue bonds for projects in excess of one million dollars shall be put to public referendum with the exception of revenue bonds for public health, safety, or industrial development and revenue bonds for refunding." The <J mcc11 b98 17 11/19/98 This item was continued to December 10, 1998. ~ City's bond attorney, Bob Reid, stated the Charter limits imposed on Clearwater are unique in his experience, and he thought Clearwater might be the only City with such requirements. Removal of the limitation on issuance of revenue bonds without a referendum would effectively eliminate any validation requirement based upon the kinds of bond issues the City has historically done. This would result in time and cost savings. If pledging ad valorem taxes, a referendum is required unless it is a refunding of an ad valorem issue with interest rate savings. Revenue bonds are already limited in that the revenue stream determines the amount that can be borrowed. All issues with which the Commission has wanted to proceed during the past 15 years have passed the validation hearing based upon the exemption of "public health, safety, or industrial development." o Finance Director Margie Simmons reviewed discussion points related to Monday's word discussion regarding bond validation. The options available to the Commission are: 1) leave the provision as it is (continuing validation procedures for bonding projects that meet the exception criteria); 2) raise the dollar limitation (the majority of bond issues are in the $8 million range or greater); or 3) eliminate the provision. Any non-ad valorem bond issue the City Commission approved could be issued without time delay or additional cost, provided the revenue stream is sufficient. Any bond issue can be taken to referendum if the City Commission so desires. Ms. Simmons noted the Charter Review Committee recommends eliminating the provision. In response to questions, she stated by eliminating the provision, the city will realize savings by reducing staff time and the bond attorney's travel costs. She estimated she and the City Attorney have devoted more than 200 hours . to bond validation issues. Commissioner Clark moved to eliminate the referendum requirement for revenue bond issues as recommended by the Charter Review Committee. The motion was duly seconded and upon the vote being taken, Commissioners Clark and Hooper and Mayor Garvey voted "Aye"; Commissioners Johnson and Seel voted "Nay." Motion carried. This issue will go before the voters in the March 9, 1999 election. b) Taking position re Pinellas County Charter Revisions re increasing County Commission membership & future revisions not going to State Legislature ITEM #42 . Other Commission Action Commissioner Clark thanked Linda Smith and Clearwater High School students for their warm hospitality and good questions. Mayor Garvey agreed bringing government to children is exciting and hoped a teacher would sponsor government week. Commissioner Hooper thanked Duke Tieman and the South Greenwood group for inviting him to their dinner last night. v mcc11 b98 18 11/19/98 I I t l ,J.. ',~' c '.' " j . . ' .'; .." . <p ., ! <. .., ." '. .' -. ", ,'" {~~;:h~,//>;"'\',./::\~!\f:':../~:,;'\:/i'\~;~ ::~~~:',::f:':';:', "", , ,'./ >,' ,J . j "f." '+\' '" ~?:. < t. < ;~~':.f'c~'/., ..c );" . c,. :{~. ;~.. ~ l;,':' . . 'c. ,. , '\ , " ,.. ~r' ": . 'r::) :~ . c, .. " '" " Mavor' Garvev reported she will be unable to attend the December 2; 1998 Mayor's Council meeting and announced Farmer's Market downtown on Saturdays. ' Commissioner Seel provided a MPO (Metropolitan Planning Organization) update, , ' stating $2.5 million was' budgeted for a multi~modal facility, and $57 million was allocated for right-af-way in the Links Project on Courtney-Campbell Causeway. She will continue to traqk and report. ITEM #43 - Adiournment The meeting adjourned at 1,1 :58 p.m. " " ~ . ATTEST:~[. Ii.. ~.___ . .,.".,'" " . CitY~lerk ,. , ,I, .\ " " " . l'li " ,\' ..' . mcc11 b98 19 11/19/98 I, I :t,,~~t(, 'i.:~';,~\~~~.':.;j r;",l,.~:,..;l,.t41~1..,.....',~~~"':.ll,-'1 i....~ht ~~............ ~c ,~ ~~~~"'.;>,""". , , , . ",.0 ... ........"""~.;; ~>'1-'" <'<",;~: '~;,: . ..; ~k; ,~',.:./.: ~<~'.: ,.~ ~ , ,. t. :;'.:<:':',.. :1, :;i:; \:-,: .:,...,;,'::::;>::. :'. ''.';:';:,.:,;:, '.:::.;:,':i:i.;'u'" ;::: ': F';~~f;:'):;/; :i; ;;:::;~<.;:," : ://\':S~~;;~:,: ,I. ',: