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01/03/1989 CITY COMMISSION WORK SESSION January 3, 1989 The City Commission of the City of Clearwater met at City Hall, with the following members present: Rita Garvey Mayor/Commissioner James Berfield Vice-Mayor/Commissioner Lee Regulski Commissioner Don Winner Commissioner William Nunamaker Commissioner Also present were: Ron H. Rabun City Manager M. A. Galbraith, Jr. City Attorney Cynthia E. Goudeau City Clerk Employee of the month for December, 1988 was awarded to Sylvester Parker of the Water Division in the Utilities Department. The Mayor called the meeting to order and the following items were discussed. Discussion regarding previous Commission Actions to close Ashland Terrace and reallocating of funds for the Landmark Drive connector road. Action by the Commission during the budget preparation reallocated funds for a Landmark connector road to Drew Street improvements. Subsequent action approved the closing of Ashland Terrace. Concerns have now been expressed that there will be a detrimental impact on emergency response times and there are concerns that the traffic which had been using Ashland Terrace will now go into the Oak Creek Subdivision. In response to questions, the Fire Chief indicated that while our response time is better than the national average, having the connector road would improve emergency vehicle response time in this area. Consensus of the Commission was not to consider this at this time. Engine Analyzer (Bear Scope) - Contract for purchase, Bear Automotive of Fl., Inc., Largo, Fl. at a cost of $17,140.38; on Federal GSA Contract #GSO7F17905 (CS) After reviewing three engine analyzer systems, it was determined by Fleet Maintenance that the Bear Analyzer performed all the functions required and also contained a four gas exhaust analyzer. This will allow the fleet to remain in compliance with emission standards in testing when this becomes law. The current engine analyzer is seven years old and unable to operate on any unit newer than 1986. It cannot be updated to communicate with the onboard computers and systems. Because of the lack of this test equipment, staff must currently take some repairs to vendors in order to find correct methods of repairs. The Bear Engine Analyzer is designed to allow up dates to accommodate future technology. The current equipment will be sold at auction. Floyd Carter, General Services Director, stated there are two areas of concern: One, that the current analyzer cannot be hooked up to newer cars which is costing four to five thousand dollars per year and soon the City must meet State Standards regarding emissions. Having this done on the outside will cost ten dollars per car versus fifty-cents per car. Board of Trustees of Clearwater Fire Supplemental Pension Plan - Appointments (2) John R. Sanders and Barbara J. Finn The Board of Trustees of Clearwater Fire Supplemental Pension Plan is made up of five members, two of which are appointed by the Commission. The two Commission appointments terms are expiring and while Mr. Sanders is available for reappointment, Bud Meyer has requested not to be considered for personal reasons as well as the fact that he has been selected as Fire Chief for Dunedin. The Fire Chief is recommending reappointment of Mr. Sanders and an appointment of Barbara J. Flynn. Commission consensus was to amend the item to appoint these two individuals and place the item on the Consent Agenda. Philadelphia Phillies Concession Stands at Jack Russell Stadium - Authorization of expenditure not to exceed $21,940.86 to C.J. Koslofski Construction for construction of a concession stand and a novelty/concession stand at Jack Russell Stadium and miscellaneous improvements to the stadium playing field. (PR) According to an amendment to the Lease Agreement dated October 21, 1987, the City obligated itself to spending $775,000. to complete certain improvements at Jack Russell Stadium and Carpenter Field for the Philadelphia Phillies. Also, in the event that the improvements elected were accomplished for less than $775,000., the agreement states that the City shall use the balance for additional improvements related to the facilities. According to our records a total of $753,059.14 has been expended, leaving a balance of $21,940.86. The Phillies are now requesting approval to spend the balance for construction of a concession stand, to be located under the concrete grandstand and north of the existing main concession stand, for specialty food items and a novelty concession stand behind the north bleacher area. If funds remain after this construction, miscellaneous improvements to the playing field are requested. In response to questions, it was indicated that the City would monitor this expenditure and if it exceeds the $21,940.86, the Phillies will pay the additional cost. 1988 Tennis Court Resurfacing Contract Each year the Parks Department has a rotating schedule for resurfacing the tennis courts. The proposed courts for this year are eight courts at McMullen Tennis Complex and two courts at Wood Valley Recreation Complex. A question was raised regarding when improvements would be made to the downtown courts. Art Kader, Assistant Parks and Recreation Director, indicated that plans are to remove five of the courts, relocating two of them, creating a landscape buffer in the area where the five are removed. He indicated these monies are not in the budget and had been proposed in the "Prim" Package. It was requested that information regarding the funds needed be provided the Commission. Joint Clearwater Florida Department of Transportation Utilities Relocation Agreement for Gulf to Bay Blvd. from S. R. 55 to Bayshore Drive: The Public Works and Utilities Departments have coordinated the design for the relocation of City Utilities necessitated by the Department of Transportation's proposed widening of Gulf to Bay Blvd. The proposed joint project agreement provides for the Department of Transportation to request construction bids for the City's Utility relocation work as part of the State's request for bids for roadway widening work. The wording of the agreement allows for rejection of the Utility relocation portion of the bid if it greatly exceeds the City's estimated cost of construction. If the bid price is acceptable, the Department of Transportation will issue a contract for the City's Utility Road relocation work. The agreement will provide significant cost savings to Clearwater through coordination of construction activities by one contractor and greatly reduce restoration cost. The proposed work will involve relocation of sanitary sewer, water and gas mains. In response to a question regarding the changes made in the Department of Transportation's Roadway Improvement Plan, Bill Baker, Public Works Director indicated that the project was still in the plans this morning. He indicated, however, that the projected completion date was not known. Architect selection - Space Requirements and Utilization Plan consolidated City Hall. Commission approved funding to establish a project to provide preliminary consulting for a consolidated City Hall Complex. Staff advertised for capabilities submittals for a space requirements and utilization plan from architectural firms throughout the Tampa Bay area. The product of this consultation will include: 1) An analysis of the existing situation. 2) Definition of an analysis of factors impact in future space needs. 3) Space requirements analysis and projections including co-locational requirements. 4) Alternatives 5) Recommendations Thirteen proposals were received and were screened to a short list of three. Those three firms gave oral presentations to the proposal analysis group. The group recommends architects be ranked in the following manner: 1. Willingham and Associates 2. Harbord, Jolley, Marcet & Associates 3. Reynolds, Smith and Hills The architects have been selected based on their qualifications and experience. Negotiations regarding fees and actual job description will begin with the firms in the order ranked. A contract will then be prepared and submitted to the City Commission for approval. All architectural firms were advised that award of this space planning contract is in no manner connected with possible future award of an architectural contract for the design and construction of a consolidated City Hall. It was stated that this is merely a planning process working toward the consolidated City Hall and that it will help in establishing alternatives for that project. Appointment to Neighborhood Advisory Committee A question was raised regarding the address of Mr. Faezell, as only a post office box is listed. Charter Revisions The City Attorney reported that the City's Election Code needs to be looked at in that it conflicts with the state law regarding resign to run. Discussion ensued regarding the need to amend this and the consensus was for the City Attorney to draw up an amendment to propose to the Commission. Question was raised regarding the amendment which would increase the purchasing limitation to $10,000 and whether or not bidding would be required although the item did not have to come to the Commission for approval. It was the consensus to change the language from saying, "would not require bids" to "not require City Commission approval." In response to a question regarding the need for oaths of office, the City Attorney recommended leaving the language as is. Ordinance 4753-88, Relating to sign regulations - amending Section 134.015 to delete special protection from removal for certain nonconforming signs (commonly called billboards) located on Gulf to Bay Blvd. E of Highland Ave., and to establish 7-year time period within which signs must be made to comply with current standards or be removed. Discussion ensued regarding the need to adopt the ordinance as the Committee proposed it. It was stated the Commission would have to adopt the ordinance without substantial changes; however substantial changes may be made with the Committee's approval. It was the consensus of the Commission to leave the ordinance as is. Petition for Annexation, General Commercial Zoning and Land Use Plan Amendment from Low Density Residential to Commercial/Tourist Facilities on property located at the SW corner of Main St. and McMullen Booth Road. The request for annexation is to provide sewer service for the development of a gasoline station at this intersection. The service station use requires a commercial zoning and land use plan classification. At the present time, the property has frontage on McMullen Booth Road; however with the widening of this road, the property will have direct frontage. The parcel contains several specimen oak trees which should be protected through site plan review. City water and sewer are available to the property. Questions were raised regarding whether or not the commercial zoning should be allowed at this intersection. A request was made that an aerial depicting the properties within a 500 ft. radius be provided Thursday night. Sheraton Sand Key Resort Expansion DRI Application and Development Order The Planning Director indicated that an extensive package has been presented which presents both the pros and cons of this development. She stated the Tampa Bay Regional Planning Council has addressed regional concerns that the developer will have to address. It was requested that the Planning Director be prepared to indicate those items over which the City has no control due to the stipulation issued regarding a law suit on this property. Request for variance to the minimum distance requirement for alcoholic beverage sales (Contd. from 12/15/88); Pattemore's Night Club, Lot 2, Studebaker's Sub. (Blackpool Palace of Fla.) AB 88-22 (PUD) The original request for this variance was submitted when Pattemores envisioned an open deck in the front of their building. Due to objections by the church, the Commission denied that request. Pattemores has resubmitted their request now enclosing the deck area. The question was raised regarding what was the original separation distance for this establishment. Gray settlement Concerns were expressed that the issue of ownership was not being addressed and a question was raised regarding whether or not we were going far afield of the original intent. The City Attorney reported that by not addressing ownership, it made it possible to reach a settlement in the case. Discussion ensued on whether or not we should settle the case without determining ownership and whether or not all Commission members were willing to take the risk of going to court to settle that question. The City Attorney responded he felt the proposed agreement serves the public better in that it establishes public access to the beach. Various concerns of the Commission were discussed. Concerns were raised that if the case is not settled and it goes to court that the City would loose any access to the beach. Attorney Neilson representing the property owners stated that in order to bring up the issues now being requested by the Commission, he would be going back to the property owners and discussing issues that were brought up a year ago. Discussion continued regarding whether or not ownership of the beach should be established. Some concerns were addressed that the document was to complicated and open to interpretation and debate further down the road. Discussion ensued regarding the need to assure public access to the beach. Further concerns were expressed regarding the impact approval of this agreement would have on other establishments in this area. Settlement Offer Neuendank vs. City Mr. Neuendank was injured in an accident at the Seminole Boat Dock. Staff is requesting approval of the Commission to make an offer of $35,000. in order to settle the case. Miles Lance, Assistant City Attorney, stated that it is an independent medical council's opinion that the compression of a disc was aggravated by the accident. The case is complicated by several factors including that Mr. Neuendank is now in bankruptcy. Staff is recommending approval of the settlement offer. Mills Development Group vs. City The City Attorney indicated that he had expected to have a copy of the order in this case; however it has not arrived. He will send it out as soon as it is available and future discussions will be scheduled. Other Commission Action Commissioner Nunamaker questioned whether or not the parking enforcement officer who assisted in the apprehension of robbery suspects, has been recognized. He requested that some commendation before the Commission be scheduled. Commissioner Nunamaker requested that the City begin investigating ways to limit the proliferation of "Strip Joints." The City Attorney reported this would be very difficult to deal with; however he would provide a report. Commissioner Regulski questioned the status of the litigation update report and the City Attorney responded it would be out this week. Commissioner Regulski questioned the status of the insurance claim for Clearwater Pass Bridge. The City Attorney reported the insurance carrier is denying coverage and that it is being reviewed. In response to Commissioner Regulski's question regarding the status of amending the franchise fees, the City Attorney indicated that he is continuing work on that issue. Commissioner Winner questioned the status of the noise ordinance and the City Attorney responded that the City is awaiting a decision. Commissioner Winner requested that we again approach the legislative delegation to address the impracticality of discussing settlement offers in open meetings. The meeting adjourned at 11:40 A.M.