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11/13/1989 CITY COMMISSION WORK SESSION November 13, 1989 The City Commission of the City of Clearwater met at City Hall, with the following members present: Rita Garvey Mayor/Commissioner Don Winner Vice-Mayor/Commissioner Lee Regulski Commissioner William Nunamaker Commissioner Richard Fitzgerald Commisssioner 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. Two Service Pins were awarded. 21 Innovation Showcase Awards were presented to City employees. The meeting recessed from 1:15 to 1:30 p.m. The following items were discussed. Status of Seville Settlement In response to a question, the City Attorney indicated he had not spoken to the attorneys for Seville recently. Elizabeth Daniels, attorney for the owner of Seville, reviewed the history of this case. She stated her only authority is that the annexation be a part of the settlement in the lawsuit currently between the City and Seville. Discussion ensued regarding the authority of the County Commission and the PPC over the zoning and land use plans for this property. Concerns were also expressed that should this settlement take place and the property be sold that funds be set aside to correct problems at Building 12. It was indicated that there were four issues in the settlement: 1) that 6 1/2 acres be rezoned from RM-12 to RM-16, 2) that the existing RM-28 on the north property remain, 3) that RM-16 be allowed on the waterfront, 4) that commercial be allowed on the front end. Discussion ensued regarding needing to address access onto Pierce Boulevard and whether or not the County would allow RM-16 on the property. Discussion continued regarding the impacts of rezoning the property and whether or not it would be allowed under the County plan. Discussions ensued regarding concerns regarding the zonings being requested and that there has been a mention of a transfer of density to be requested. Various suggestions were made regarding how to deal with the Commission's concerns, including eliminating access to Seville Boulevard, providing buffers between the properties, and providing a site plan through the residential planned development process. Concerns were again expressed regarding the possible transfer of density and the impact on the recreation area which is under a 99-year lease. Ms. Daniels requested Commission direction to take back to her client. It was indicated that the Commission was willing to accept other offers and that it was generally understood that a transfer of density was not possible. William Cohen, Seville resident, spoke expressing concern that the agreement between Blackburn and the City is not applicable to Mr. Albrecht, the current owner of Seville, Ltd. Bob Shermer from Building 7 stated that the proposal is not approved by the residents of Seville. He expressed concerns regarding the recreation center area and the 99-year lease. He stated that residents in Seville realize that something will be built but asked that it be reasonable. Patricia Peters of Building 12 stated that the money required by the court to go to Building 12 is for railings only and will not address other deficiencies in the building. She also indicated that the lawsuit regarding Building 12 has been stopped due to the bankruptcy filing and there are no binding agreements at this time. A clarification was requested regarding the 99-year lease on the recreation center property. GFOA Outstanding Budget Award Betty Deptula and Tina Wilson of the Administrative Services Department were awarded the Governmental Finance Officer's Association Outstanding Budget Award for the 1988 budget. Computer Systems Consultant Report The City Manager stated that the current computer system is too manpower-intensive. He stated that a 1988 decision to go with a new UNISYS mainframe and to save software was flawed and Staff has determined there needs to be a change. Richard S. Layman was hired as a consultant to the City to review the City's computer system and to make recommendations for the future. Concerns were expressed regarding the Commission having been told two years ago that the mainframe purchase would meet the requirements. Laura Chase, Data Information Services Manager, stated that it was thought at the time that a lot of software packages would run another five to seven years. It was stated that not enough analysis was done at that time. The priority project is a new utility billing package. It was indicated the current package can not be programmed to do anything or changed in any way as it has reached its capacity. Concerns were expressed that it was thought that mainframes could be added onto. Mr. Layman indicated there was nothing wrong with the mainframe but that a decision must be made to either add on to the mainframe or to take a different approach regarding the City's computer systems and that there will be substantial dollars needed for either decision. He stated the rationale for his recommendation for superminis was that it would begin the process of getting away from the staff-intensive requirements of the UNISYS system. He stated 50% of the existing DIS staff is dedicated to behind-the-scenes operations on the UNISYS mainframe. Ms. Chase indicated that the recommendation is geared toward freeing up DIS staff to help users, to get them out of the computer room and into the user environment and better serve the remaining City staff. Discussion ensued regarding the new proposal and it was indicated that we could spend the money to add to the mainframe but that it would simply become more labor-intensive. The proposal is to not increase staff but to use staff to support Personal Computers and Local Area Network users. Lee Ann Carson, UNISYS representative, disagreed with Staff and stated that the UNISYS mainframes could handle the City's requirements. Ms. Chase indicated this has been investigated but that Staff has not found a way in which UNISYS can address these problems and get the operators out of the computer room. Further discussion ensued regarding the proposal and it was indicated that many mainframes are needed in order to provide the amount of storage and speed needed in the departments but that they do not have to be central mainframe units. It was emphasized that this will be a gradual change and not overnight. The City Manager emphasized that City Staff has been working diligently on this and will be bringing back concerns for the Commission consideration. Mr. Layman emphasized that software requirements should drive hardware decisions, not the other way around. It was the consensus of the Commission for Staff to proceed. This will come back to the Commission sometime next year. Contract to Koning Corporation, in the amount of $149,500.00, for the emergency replacement of the roof deck at City Hall On July 6, 1989, the City Commission approved a contract with Calvin D. Johnson Company Inc. for the replacement of the roof at City Hall. During the installation, City Staff visited and observed the roof replacement. On various visits, each individual saw the tectum deck exposed and observed no problems. On Friday, September 8, 1989, the City's Building Official posted a "stop work" notice and a correction notice. The roof replacement work was stopped immediately. The Assistant City Manager for Administration informed the General Services Director that the City's Building Official suspected structural instability and required an inspection of the roof by a structural engineer. Camp, Dresser and McKee, the City's engineering consultant, was asked to perform this consultation. CDM obtained samplings of the roof deck and determined the deck must be repaired prior to continuation of any reroofing operation. Two options were presented: 1) replacement of the tectum deck and 2) construction of a new deck over the existing deck. Option 2 is recommended as Option 1 would require the closing of the third floor during repairs. The roof replacement contract with CDJ was to be terminated and it was recommended that a payment of $48,000 was a fair and appropriate payment for the work completed to the point when work was stopped. That payment has been made. A representative of CDM stated that the deck will have to be repaired before they can complete the reroofing. It was indicated that a full 8-inch pitch was needed to the deck in order to rid the roof of standing water. It was indicated that the new tectum will be placed on a new grid as the old tectum will not support the new. Authorize the City Manager to enter into an Agreement with the Pinellas County Sheriff to provide latent fingerprint services for a period of one (1) year at an estimated cost of $33,585.00 The Senior Identification Technician position in the Police Department is currently vacant due to retirement of the civilian expert who had filled this position for many years. Due to the amount of time required to establish and develop a credible identification program and that this service is currently available from the Sheriff's Department, Staff negotiated a proposal from them to handle all fingerprint services. The Sheriff has an excellent identification section, complete with the latest technology and equipment, including the Automated Fingerprint Identification System, AFIS. The AFIS is the latest advancement in crime-fighting tools for law-enforcement and is directly linked by computer to the Florida Department of Law Enforcement files. Some concern has been expressed by the Fraternal Order of Police that the Sheriff's Department may not be responsive to Clearwater requested priorities for timely service. If this proves to be the case and services fall far below expectation, it is conceivable that the Department would desire to take back the latent fingerprint services. For this reason, the existing staff level will be held open but not filled. The proposed agreement provides for one full-time latent examiner and additional, available personnel when necessary for lengthier, complex cases. In response to concerns regarding response time, the Police Chief indicated that he felt this was a one-year experiment worthy of consideration. He stated the Sheriff has a larger staff and access to the AFIS system. First Reading Ord. #4906-89 regulating the procedure for cable television franchise awards. Attorneys for Vision Cable of Pinellas have prepared an ordinance for consideration by the City of Clearwater to establish groundrules for the cable television franchise award process. The proposed ordinance provides application requirements and procedures for the review and consideration of applications. This ordinance would not affect the existing franchise but would be useful if the City should receive other franchise applications. The ordinance does not appear to show favoritism to Vision Cable and the City Attorney has no objection to the proposed ordinance. A similar ordinance was adopted by Pinellas County in 1987. In response to a question regarding why this was being done, the City Attorney indicated it establishes groundrules for the application process and that he could not find any advantage to Vision Cable or disadvantage to the City. Award contract to PRS-Kingson, Inc., Largo, FL, for the purchase and installation of Concession Equipment at Jack Russell Stadium at a cost of $90,400.56 This concession project for Jack Russell Stadium involves the purchase of equipment, mill work and services to fully equip the existing concession stand and two new concession stands at Jack Russell Stadium. This is a portion of the improvements agreed to with the Phillies. It was indicated that the total improvement cost for Jack Russell Stadium is $1,049,000. It was requested that the signed agreements with the Phillies be back before Thursday when this item will be considered. Approve installation of Sand Key Sidewalks on Gulf Blvd. to provide continuous sidewalks from the City limit to Clearwater Pass Bridge at an estimated cost of $17,550.00 Staff is proposing to install sidewalks along Gulf Boulevard on Sand Key to provide continuous sidewalks from the City limits to Clearwater Pass Bridge. Concerns were expressed that the benefiting property owners should pay for construction of these sidewalks and it was also suggested that those properties under development should be required to construct the sidewalks as part of that development. Commission requested that Staff go to the owners and developers to see if they would put in the sidewalks without the City having to perform this work. The item was pulled from the agenda for the November 16th meeting. Approve the Natural Gas Service Agreements with Florida Gas Transmission Company Our natural gas supplier, Florida Gas Transmission Company, has applied to the Federal Energy Regulatory Commission for approval to become an open access pipeline company allowing them to transport gas for end users. As a part of the settlement, FGT is required to submit updated service agreements stipulating daily and yearly gas allocations. The proposed agreements will be in effect until 1994 and extend from year to year, thereafter, unless terminated by either party. The quantity stipulated in the agreements are based upon our analysis of our projected needs over the next five years. In response to a question regarding how this is different from our current agreements, Bob Brumback, Assistant Public Works Director for Utilities, indicated that there are different quantities. Concerns were raised regarding the possible sale of the Gas Division and it was indicated this would cause no problems. In response to a question regarding whether or not we normally install lines for new construction, Mr. Brumback indicated we work with a developer in doing this. Consider the request of the Beautification Committee to install Christmas Decorations on Countryside Blvd. in the area of Countryside Mall The Beautification Committee has made a request that the City install Christmas decorations on Countryside Boulevard in the area of Countryside Mall. The City Manager indicated that current policy is to limit this to the downtown core and the causeway. Commission consensus was the potential for additional expansion was too great and that this item be pulled from the agenda. Variance to the Separation Requirements for Sale of Alcoholic Beverages for Booth Marketplace, Inc. (Ramblin Enterprises of Florida, Inc.) at 1580 McMullen Booth Rd, South Oaks Fashion Square, Lot 1 The applicant is proposing a restaurant with nightclub, dancing, cabaret and cafe in the currently unoccupied space at the north end of the newly developed Clearwater Marketplace retail center. Questions were raised regarding the status of the revocation standards and how far this establishment would be from proposed apartments. A question was raised regarding how the proposed ordinance was being drafted and it was indicated that it would require a hearing before the City Commission. It was requested that a copy of the current Code be made available to the Commission. Preliminary Site Plan - Publix (Additions) at Gulf-to-Bay Plaza located at 525 Belcher Rd. - PSP 89-34 The applicant proposes changes to the existing Gulf-to-Bay Plaza Shopping Center. These include additions to the retail space abutting Eckerd Drug Store, additions to the Publix Supermarket, restriping the parking lot to increase the parking spaces, and to add permeable open green space areas. The site plan indicates two access points directly from Gulf-to-Bay Boulevard, one point directly from Belcher Road, and one internal drive to the property to the south. One driveway existing off Belcher Road is being eliminated. In response to a question regarding closing the entrance at the gas station, it was indicated that that business is not controlled by this site. It was indicated that landscaping will be added and will be an improvement. Preliminary Subdivision Plat - Nielson's Subdivision located at the NW Corner of Belcher Rd. and Sunnydale Blvd. - SUB 89-09 The applicant is proposing to subdivide the property for the purpose of developing a separate doctor's office on the northerly portion of the parcel. While the subdivider was initially advised to indicate all proposed lots, he chose to only plat a one lot subdivision with the remainder of the property to be subdivided at a later date. Concerns were expressed regarding multiple accesses to Belcher Road and it was requested that an additional condition be added to the subdivision plat restricting it to one cut on Belcher Road. Second Reading Ord. #4900-89 - Adoption of Comprehensive Plan Update Clearwater transmitted its Comprehensive Plan for review by the State, County and Regional Planning Council on May 29, 1989. Objections, recommendations and comments have been received and are made a part of the permanent record for the adoption of the Comprehensive Plan Update 1989. The plan was approved at Public Hearing on November 2, 1989 and has been revised to reflect the action taken on that date. In response to concerns raised by Mike Foley, representing the League of Women Voters and the Sierra Club, several revisions to the Utilities element of the Plan are recommended. Charles Hunsicker, Assistant City Manager, stated that he met with Mr. Foley and discussed actions to be taken regarding the Stevenson's Creek flood protection project. He stated, however, they still want to argue regarding this project and to pursue a 120 hearing. In response to a question, it was indicated their major concern is the hardlining of portions of the creek. It was indicated that in the County's evaluation of the Plan, the Special Transportation Area at 19 and 60 is not approved. It was indicated that this was still a possibility of MPO approval. Proposed Interlocal Agreement with Pinellas County regarding Clearwater Planning Areas. The Agreement is proposed to address the problem that the interpretation of the Growth Management Act by the Secretary of the Department of Community Affairs, that a Municipalities Comprehensive Plan is not supposed to show a Land Use category for an unincorporated enclave has caused difficulties for the City. The City Attorney stated that the Commission approved an Interlocal Agreement in May of 1989. Nothing was heard from the County and, in the meantime, an agreement was reached between the County and the City of Tarpon Springs. The difficulty City Staff has with the Tarpon Springs agreement is that it provides that the City can not designate a Land Use Plan category, that the Land Use Plan designated by municipality must be equal to or less than that of the County plan. The City Attorney is recommending that Clearwater attempt to get an agreement that specifies the County-wide plan and that the settlement of the conflict go to the Pinellas Planning Council. Consensus of the Commission was to follow through regarding the County-wide plan. Verbal Reports The City Manager requested direction regarding the $10,000 contribution to the Florida Orchestra. It was indicated that in the past the $10,000 has been for a 4th of July concert and a concert during the Fun 'N' Sun festivities. This will be brought back to the Commission in the future. The City Manager reported that the Kenton hearing was scheduled for December 4th, 1989 at 9:00 a.m. The City Manager reported regarding the scheduling for replacement of the Clearwater Pass Bridge. He stated that normal schedule would provide for its replacement in July of 1992. It is hoped that City Staff can work to move this schedule up. Discussion ensued regarding the impact of needing Federal dollars and State dollars. It was indicated that even if we did not require these funds, the earliest we could proceed is March of 1991. We are hoping to have accelerated Federal dollars by October of 1991. In response to a question, it was indicated that Staff has verified that should the City proceed, any funds expended would not be reimbursed. It was indicated Staff would close the gap as much as possible. Discussion ensued regarding the opening of Dunedin Pass with concerns being expressed that if we do not open the Pass, we would not be able to proceed with the 65-foot fixed span bridge. This in turn would require a bascule bridge with yearly maintenance costs. Other Commission Action Commissioner Winner expressed concerns regarding not being introduced in an event in Coachman Park. The Mayor indicated that this was not intentional and that she was nervous as that when she arrived at what she thought was the appropriate time, it was being announced that the event was delayed due to her absence. Commissioner Regulski expressed concerns regarding the variance granted to McDonald's on the beach and the fact that Staff did not respond in time regarding whether or not to appeal. It was indicated that Staff had indicated they did not wish to take an appeal. He requested a response regarding whether or not it was legal to allow leasing of noncontiguous parking to be considered and whether or not a variance would be granted. Commissioner Regulski expressed concerns that the Legislature is establishing its own priorities for roads. Kathy Rice, Assistant City Manager, indicated she had a fax from Jim Massey, the City's lobbyist, that has a list of the projects to be included and that he will be passing along our concern regarding road priorities. Commissioner Regulski raised concerns regarding monies available for improvements at the Airpark. The City Manager indicated this would be coming back in December with the Airpark Master Plan. Commissioner Fitzgerald reported that the Tampa Bay Regional Planning Council is proposing storage points of hazardous substances through its Emergency Planning and Notification plan. He requested that the Golden Boy Award for the Boy's Club of Pinellas for Condon Gardens be presented Thursday night. The meeting adjourned at 5:48 p.m.