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01/16/1989 CITY COMMISSION WORK SESSION January 16, 1989 The City Commission of the City of Clearwater met at City Hall on January 16, 1989, at 1:10 P.M. with the following members present: Rita Garvey Mayor/Commissioner James Berfield Vice-Mayor/Commissioner (arrived 1:21 P.M.) Lee Regulski Commissioner William Nunamaker Commissioner Absent: Don Winner Commissioner Also present were: Ron H. Rabun City Manager M. A. Galbraith, Jr. City Attorney Cynthia E. Goudeau City Clerk The Mayor called the meeting to order and the following items were discussed. Discussion - Mills Development Group vs. City. Zala Forizs, City's outside counsel in this case, stated the judgment requires the City to obtain permits for depositing sand on the beach and court approval would be needed if the City desired to pay the $800,000 in lieu of the placement of sand. Discussion ensued regarding whether or not the City's participation with the County in the Sand Key Beach Renourishment Project would meet the court's requirement. Mr. Forizs indicated this may result in the City being in compliance; however, the court may need to extend the deadline in order for the County to complete the project which is expected to take two years. He said he has talked with Timothy Johnson, whose firm represents the property owners, and stated it was felt the property owners would not object to the cash payment. In response to a question, it was indicated that the beach property owners would not be responsible for pursuing the placement of sand if a cash payment is made instead of the beach renourishment project. Mr. Forizs indicated that it needed to be understood what the County project entailed; and if it will satisfy the final judgment, pursue that project. Consensus was for staff to investigate the possibility that this will satisfy the court order and to report back. Replacement of Sixteen (16) DASI AT 1183 Terminals for the Police Communications Center (CIP #4208) from Data Access Systems for $12,638.40. This purchase will replace sixteen (16) terminals in the Police Department Communications Center in preparation for relocation to the new Police Communications Center. The terminals are used 24 hours a day, 7 days a week and range in age from 4-1/2 to 7 years. Average life span for this type of equipment is 5 years if used 8 hours a day, 5 days a week. As part of the new Police Communications Center, the built-in consoles will be eliminated and all dispatchers will be using standard desktop terminals. In addition, the older terminals require programming changes and Data Information Services intervention to reprogram specialized function keys which are used by the police dispatchers. The replacement terminals do not require the reprogramming as the function keys can be reloaded by the users. This purchase will be funded through the 800 mHz radio system project fund. In response to a question regarding when the 800 mHz system would be on line, Floyd Carter, General Services Director, stated it should be operational in July with testing occurring during April or May. First Reading Ordinance 4773-89 - Taxi Cab Rate Increase for First 1/6 of a Mile from $1.00 to $1.50. The taxi cab rates in the current City code were established in March 1985. On February 20, 1986, the Commission approved a rate increase of 20 cents per mile; however, this change was never placed in the code. The code allows the City Manager to entertain requests for a rate change, and after examining the reasonableness and necessity for such change, to provide findings to the Commission along with a recommendation on the change. Staff has surveyed the rates charged and has determined that the requested rate is comparable to the rates being charged by other companies. Based on the fact that the current City code rate is approximately four years old, that the rates are comparable and do not appear excessive, it is staff's recommendation that the requested increase be approved and the Commission adopt Ordinance No. 4773-89 reflecting the action of February 1986 as well as approving the current increase. Amendment to Contract with General Electric Company for 800 mHz Radio Equipment for an Increase of $47,518.58. In September 1988, the Commission awarded a contract to the General Electric Company for the purchase and installation of the 800 mHz Radio System. The bids were for starter quantities as quoted. A review of the radio equipment listed by all affected departments indicates that some minor changes need to be made in the types of radios purchased. While the individual changes are minor in scope, they are reflected in a significant number of changes in the types of radio equipment to be purchased. The primary increase in cost is caused by a significant increase in the number of additional radio battery packs and battery chargers required to meet the needs of the using departments. Due to an oversight, an incorrect number of radio battery packs were specified in General Electric's contract. The additional costs are well within the budgeted funds and significant savings will occur in this project. In response to questions, Floyd Carter, General Services Director, stated that while this was planned for a 4-8 year project, it is hoped that it can be accomplished in 3 years. He stated we may try to sell all the old equipment; however, it does not have any trade-in value. In response to questions regarding the types of units placed in police cruisers, it was indicated that both portable and in-dash units are used. Award Contract for Replacement of Air-Conditioning System at Fire Station No. 3 Located at 1460 Lakeview Avenue to Southeast Mechanical, Tampa at a Cost of $10,438. The existing air-conditioning equipment at Fire Station No. 3 is fifteen (15) years old. Over $1,000 was spent in 1988 for repairs and service to this unit. The average maintenance cost should have been approximately $270. Both the existing equipment and design of this system are energy inefficient. The proposed replacement equipment and redesign will result in a yearly energy and maintenance cost reduction of over $1,500 and give the system approximately fifteen (15) years of additional operation. A question was raised regarding whether or not the City had implemented a test gas unit. It was stated that this particular system is too large for that type application; however, staff is continuing to investigate gas air-conditioners. Grant Award from State Library of Florida, Library and Construction Act Greater Clearwater Family Resource Directory in the Amount of $23,600. The Greater Family Resource Directory will be a guide to our area's free or low cost, cultural, educational and recreational resources targeted to the needs of families with children. The Directory, compiled by a part time, temporary librarian, will be computerized and printed and distributed to local agencies serving families and youth. This item is requesting acceptance of the grant award for producing this Directory. This project was developed in cooperation with the Juvenile Welfare Board of Pinellas County and the Greater Clearwater Chamber of Commerce. The grant award includes funds for a Librarian I for six months, computer equipment, and printing of the Directory. Our local match of in kind services is $7,872.13. The computer to be purchased with these grant funds will be compatible with the City of Clearwater computer system. It was indicated that the Chamber supports this grant, and in response to a question regarding how the public will be notified of the service, Linda Mielke, Library Director, indicated there is a publicity component in the grant. Discussion ensued regarding the countywide library program and it was indicated the issue is going to referendum in the unincorporated areas March 28, 1989. It was indicated there have been some requests for the City to reconsider its decision not to participate in the countywide cooperative at this time. Vacation of 40-Foot Right-Of-Way Easement Along the E Side of Lot 2, Blk A, Lokey Subdivision (Lokey Motors) V 88-15. The City currently has a 40-foot ROW easement along the E side of the applicant's lot. This easement was and is to be used for the relocation of utilities and the preservation of the corridor associated with the widening of U.S. 19. It has been decided that the requirements for a 40-foot drainage and utility easement instead of a ROW easement will better serve the City of Clearwater. A question was raised regarding the relationship of the sidewalk to this easement and it was uncertain as to the location. Information will be available at Thursday night's meeting. Consulting Engineering Services with David Volkert & Associates for Clearwater Pass Bridge Replacement Project for a fee not exceeding $812,660. In July 1988, after reviewing a study report by David Volkert & Associates and a recommendation by the Clearwater Pass Bridge Task Force, the Commission indicated its desire to pursue, through the Federal Highway Administration's (FHWA) Bridge Replacement Program, the construction of a new high-level, fixed-span bridge over the Clearwater Pass Inlet. The FHWA program is administered by the Florida Department of Transportation (FDOT) and requires that a comprehensive project development and environmental study examining every meaningful aspect of the bridge be conducted before construction approval is obtained. It is during this study that the high-level, fixed-span option is confirmed or rejected. FDOT has assisted in the preparation of the scope of services in light of their familiarity with FHWA requirements. Upon acceptance of the P.D.&E. study and a confirmation of our design preference, Volkert will move into the construction plans and specifications phase which will result in the actual design drawings. These drawings will be turned over to FDOT who will then, assuming FDOT funds our project accomplish the construction without further expense to Clearwater, Having the engineering accomplished and plans ready for construction is an enhancement to FDOT approval. It was re-emphasized that the City of Clearwater will not have the final decision regarding the design of the bridge if it is funded through the FHWA program. In response to a question, it was indicated that the Clearwater Pass Bridge Project has not been responsible for delaying the development of a retail shop at the corner of the bridge. Questions were raised regarding the triple surface treatment to roads and Bill Baker, Public Works Director, indicated that there are very few contractors who are willing to do that type of work in municipalities, as the projects are not large enough. He stated, if the City wished to go into that type of treatment, they would have to buy specialized equipment. Award of Contract for Crutch Bent Repair to Clearwater Pass Bridge. Bill Baker, Public Works Director, indicated that it is hoped this will be the last repair episode necessary for the bridge. Bids are to be opened Wednesday, and if everything is in line, the item will be brought to the Commission Thursday night. It was indicated that someone from Kisinger, Campo & Associates would be available Thursday night to address any questions. In response to questions, it was indicated that there would be some closure of the bridge during the jacking of the pilings and that there would be a ten-day closure during the repair at bent 42. There will be a necessity to close some lanes of traffic during the driving of batter piles. In response to a question, it was indicated that the 15-mile per hour speed limit would not be removed after this repair. Reconsideration of Ashland Terrace Closing, Consideration of Oak Creek Drive Closing, and Reconsideration of the Landmark Connector Road. It was indicated that the connector road was provided for in the 1974 transportation plan. In 1981, the condominium which backs up to the proposed right-of-way was developed. U.S. Homes dedicated the right-of-way needed for the road and staff had chosen this as it is half way between Curlew Road and S.R. 580. The City did not have control over the development of Oak Creek; and if it were to close Tanglewood Drive within the City limits in Oak Creek Subdivision, it would cut the subdivision in half. Concerns were raised regarding whether or not there could be temporary closures of these roads and that the only objectors to the connector roads were the residents of the condominium development. In response to a question, Bill Baker indicated that, if the Commission were to approve the new road, the contract would be out in the fall and it would take approximately a year to construct once the bid was awarded. He indicated it is staff's position that the Commission should either build a new road and leave all the roads open or close all the roads. It was requested that the County be contacted to see if they would agree to a temporary closure of Tanglewood. It was the consensus of the Commission to agenda reconsideration of the connector road for discussion at the February 16, 1989, meeting. Saber Drive Closure. Residents of Country Park Subdivision are requesting that Saber Drive not be connected to the extension of Landmark Drive to be constructed with the development of the Vogel office complex. Bill Baker indicated it was his recommendation to simply not connect the road at this time; however, he does not wish to vacate the possibility of connecting it in the future. Consensus of the Commission was not to connect the road at this time and that a letter be sent to the homeowners. Receipt and Referral of an Amendment to the Land Development Code, Section 136.002 Parking Standards Relating to Alcoholic Beverage Sales. Ordinance No. 4420-87, Alcoholic Beverage Sales, was adopted in January 1988. Under the terms of the ordinance new or expanded establishments licensed by the State for on-premises and package sales as a 1 COP, 2 COP, or 4 COP establishment are required to provide parking at the rate of one space per 100 square space of floor area if the establishment is located 300 feet or more from any church, school, or residential zone, and 200 feet from any similarly licensed facility. However, as an exception to this requirement, these type licensed facilities may be located not less than 100 feet from a residential zone if that portion of the building within 200 feet of the residential zone, contains no door or window, no external building or service equipment, and if parking is provided at the rate one space per two persons allowed to occupy the premises. Staff has noted that the discrepancy in the parking requirements becomes a function of separation distance rather than use. The proposed ordinance establishes a general parking requirement for any new 1 COP, 2 COP, or 4 COP establishment that would be applicable irrespective of the separation distance. The requirement of one space per 40 square feet of gross area is approximately equal to the requirement for one space per two persons based on occupancy. It provides a method of calculation that can be used early in the process of review when exact building and/or construction plans are unavailable and occupancy cannot be determined. (Contd. from 12/15/88 - Second Readings of Ordinances No. 4643-88 - Rezoning from Multiple-Family Residential "Twelve" (RM-12) to Multiple-Family Residential "Sixteen" (RM-16); No. 4644-88 - Annexation, No. 4644-88, and No. 4646-88 - Rezoning, Annexation Seville Development. The City Attorney reported that these ordinances were the result of an attempt to settle a lawsuit regarding these properties. He stated approximately a year ago the City had reached a proposed settlement with the developers; however, residents objected and the Commission's decision was for the case to go to trial with the residents in question participating and being intervenors in the case. The City Attorney reported that all the original condominiums associations that had joined the suit had now dropped out and we are essentially back to where we were a year ago. The plaintiff in the case has indicated they would like to revisit the settlement proposal developed previously. Discussion ensued regarding the need to act on these ordinances and whether or not they should be tabled or denied. Concurrency Requirement Under the Growth Management Act. The City Attorney reported he would like to look for a reasonable amendment to the concurrency requirement in the Growth Management Act that would allow alternatives in those cases where the service or facility that must be upgraded in order to establish the minimum level of service required for additional development is under the jurisdiction of another agency. It was the consensus of the Commission for the City Attorney to draft a proposal to add to the legislative package. Verbal Reports. The City Manager reminded the Commission that the Florida League of Cities Legislative Conference would be held February 2-3, 1989, in Tallahassee and to notify his office if any Commissioners wish to go. Other Commission Action. Mayor Garvey questioned whether or not the North Greenwood Development Plan could be approved in concept. It was stated this had already been done and ordinances are being prepared to address those issues that need Commission action. She raised a question regarding code enforcement in the target area and stated there were three empty buildings on Madison Avenue that needed to be addressed. Paula Harvey, the Planning Director, indicated that issues regarding the City's liability in these code enforcement activities needs to be addressed. A question was raised regarding whether or not another fire had occurred in the building on Kendall Street which was declared unsafe. The Mayor raised a question regarding how residents were notified of the change in garbage pick-up schedule over the holidays and it was reported that media releases were sent to all newspapers, radio stations, and T.V. stations. She raised concerns regarding whether or not the City has to comply with Section 89 requirements and it was recommended that the legislators be asked to delay implementation of this until the IRS has issued its rules. Commissioner Regulski raised concerns regarding the streetscape program proposed on Cleveland Street and questioned if the state had safety concerns and were, therefore, holding up the permits, would the City be placing itself in jeopardy by implementing the project. It was reported the City has been told there are no safety concerns and that the paperwork was tied up in the Legal Department. It is now back in review and the permits should be forthcoming shortly. Commissioner Nunamaker questioned whether or not the settlement of the Gray lawsuit had been signed and he indicated there were a couple of things he wished to review with the City Attorney. Commissioner Nunamaker requested that a discussion regarding participation in the countywide cooperative library system be placed on the agenda Thursday night. Consensus was to do so. The meeting adjourned at 3:50 P.M.