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03/12/1990 CITY COMMISSION WORK SESSION March 12, 1990 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 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 at 1:04 p.m. and the following items were discussed. Two service pins were awarded to City employees. Legislative Update In response to a question regarding whether or not the MPO Bill was dead as Representative Morthan did not file it, it was indicated it needed both houses. Kathy Rice, Assistant City Manager stated staff would provide a list of all bills to the Commission by the next meeting. There are concerns regarding the Cities collecting monies for the states. She reported she checked regarding the Certification of Building Inspectors bill. It was being talked about, however, the Florida League of Cities is opposed to the bill. 75% of the inspectors already have voluntary certification. The City Attorney reported he was concerned about a mechanics lien law where notice of commencements will be replaced by filing an application for a building permit. He indicated he would be following this item. Report from Kimley-Horn and Associates, Inc. regarding the progress of the computerized traffic signal system (PW) In December of 1986 Pinellas County contracted with Kimley-Horn and Associates to provide consulting services related to the Countywide signal system. Clearwater's existing computer equipment and software are being upgraded. Signals at intersections not presently on the system are being added. Several intersection controllers are being replaced with the project funds. The system hardware is approximately 95% complete pending delivery of the system route map board which is being assembled in Wisconsin. The systems computer software has been written and the City is in the process of preparing the agreements for custody and licenses for use. The Clearwater system is part of the signalization upgrade for the county, affecting the City of St. Petersburg and unincorporated Pinellas County. The Clearwater system will be ready for operation by the end of 1990 followed by the activation of St. Petersburg's portion and Pinellas County's portion respectively. Fred Orchid, of Kimley-Horn stated the Clearwater system is ahead of the others due to our existing system. He complimented staff on their fieldwork prior to equipment arriving. In response to a question, it was indicated there are less than 200 intersections in Clearwater being affected by this program, however the program is expandable. We will be ready to begin installation of the software by September, 1990. In response to a question regarding whether or not individuals travelling down Gulf to Bay would notice the difference, it was indicated it would be difficult to tell at this time. Gulf to Bay was not included in the timing schedule because staff has pretty much taken care of the timing on Gulf to Bay in Clearwater. He stated by the middle of September the system should be fully installed and staff should be finished with all the work by November 1, a full year ahead of schedule. Discussion ensued regarding the need for this system and what impacts the scheduling. Mr. Orchid indicated that speed and spacing of cars are the impacts. Cycle length of the light will be adjusted for the speed limit. Although Clearwater has a computer system, this program will allow us to replace equipment that would eventually need to be replaced. The railroad and drawbridge packages for this system are better than the current program. Contract for consulting services for the Conference/Convention Center Study to Hammer-Siler-George Associates for $48,800.00 (ED) The Greater Clearwater Chamber of Commerce applied for a $50,000 grant from the Tourist Development Council to do a follow-up study on the feasibility of building a conference/convention center in Clearwater. The funding was approved and was awarded to the City of Clearwater for administration. The proposed scope of service was initially developed by City staff and forwarded to the Chamber of Commerce, the Tourist Development Council and Pinellas County Commission for review and comment. These entities approved the document and sent it to the City Commission for approval on August 3, 1989. The RFP was distributed in September, 1989. Proposals were received from Hammer-Siler-George, Leventhal and Horwath, Halcyon Limited and Pinnel-Kerr-Forster. The Chamber of Commerce conference/convention center task force and City staff made extensive reviews which culminated in each firm making a presentation. After the presentations the task force and City staff voted and ranked the firms as follows: #1, Hammer-Siler-George; #2, Leventhal and Horwath; #3, Halcyon; and #4, Pinnel-Kerr-Forster. At the Commission's direction staff initiated negotiations with Hammer-Siler-George. Their proposal called for a fee of $54,500. The objective of negotiations was to reduce the cost of the study in order to stay within $50,000. Due to that, the following changes were made: 1) Originally, two convention markets were to be studied; now only one market will be studied. Cost of this item was reduced from $3,000 to $1,000; 2) Phase III, task 18 implementation strategy was deleted for a savings of $3,200; 3) Phase III, task 18 final report was reduced from $5,400 to $4,900 by instead of producing 25 copies, we will receive a master copy and ten bound copies. The work change has resulted in a reduction of $5,700 which brought the project cost to $48,800. In response to a question regarding whether or not the task force would decide on a site for the convention center, it was indicated a recommendation will be made to the Commission. It was also stated the Commission wished to make sure the study was not beach only oriented. In response to a question regarding whether or not they are studying existing facilities that could be converted, staff responded this was not in the project. Discussion ensued regarding the convention/conference center having a broad spectrum and it was questioned whether or not entertainment items would be considered. It was stated we were talking more of a conference center rather than a performing arts center. It was stated the consultant will be analyzing whether or not there is a market for entertainment items. In response to a question regarding whether or not we should consider existing buildings, it was stated determination regarding this would come about from the study. The consultant will provide recommendations regarding locations and what it would cost to rent a building at that location. It was the consensus of the Commission to change the language on page 10 to clearly reflect the City Commission will have final approval regarding the siting. First Reading, Ordinance 4960-90 - Relating to the restricted area at Clearwater Beach providing definitions, requiring and establishing requirement for waiver applications; establishing special operating conditions for operation of vessels under approved waivers. (CM) On November 3, 1981, the City Commission enacted an ordinance to restrict watercraft from entering the 300 foot restricted swimming area of Clearwater Beach. That ordinance also provided for a person being able to apply for a waiver agreement to allow watercraft within that restricted area. The proposed amendments provide language to eliminate several defects or omissions in the current ordinance - 1) proposed amendments would allow upland beachfront owners possessing riparian rights to seek a waiver; 2) the proposed amendments clearly delineate the safety requirements imposed on the upland owner under a waiver agreement to operate watercraft through a restricted swimming area; 3) the proposed amendments create a separate ordinance violation punishable by a fine not exceeding $500 for each violation; and 4) the proposed amendments clarify the conditions for which the City can seek revocation of a waiver agreement. Bill Held, Harbormaster, indicated the Marine Advisory Board reviewed the ordinance and concur with its recommendations. He indicated the recommendation is that owners be designated as eligible to receive the waiver and that existing agreements be grandfathered in. He stated they must establish the size of the corridor which would be a maximum of 40 feet at the east end and 80 feet and the west end. The owner must provide certain statements, instruct operators and must receive conditional use approval. The location and width of the corridors will be approved by the Harbormaster. Concerns were expressed regarding two land owners going for a waiver together and having a larger corridor than the 40 foot maximum provided in the ordinance. Concern was also expressed regarding not limiting the number of boats based on the width of the lot. A question was raised regarding the nuisance of airboats causing noise pollution and whether or not this should be addressed in the ordinance. It was stated if the airboats are excessively noisy, they should fall under enforcement of the noise ordinance. In response to a question regarding enforcement of noise problems outside of the corridor, it was stated the Police Department does patrol this area and can give citations. A concern was raised that six citations within one year may be too many before proceeding with revocation procedures. It was indicated that motorized vessels would be allowed in the corridor under strict safety requirements, and propeller driven watercraft would require prop guards 360 degrees around the prop. It was recommended that the operators of the watercraft be required to sign something when they rent these watercraft stating they understand the regulations. A request was made that the word "store" be defined. A limitation on the number of watercraft in the corridor was requested to be included on page 7. It was also requested that the standards for staff to use in denying a waiver be included in the ordinance. A suggestion was also made that it be required that renters of these watercraft present their driver's license. Participation in the County-Wide Drug Task Force with an initial assignment of one (1) currently funded Narcotic Investigator (PD) Upon invitation of the Sheriff of Pinellas County, municipal police departments, state and federal agencies have been afforded the opportunity to participate in a county-wide drug task force under the direction of the sheriff. Participation in the task force is voluntary, non-reimbursable and does not mandate the number of officers to be assigned. As the primary focus of this task force will be investigation of mid and upper level narcotics investigations, Clearwater's early participation in this task force will be vital for the effective coordination of investigative operations. The Chief of Police has recommended and the City Manager concurs to proceed with the detached assignment of one currently funded experienced narcotic investigator to the county task force. In response to a question, it was indicated replacing the individual who is being assigned to this task force would be considered during the budget process. Concerns were expressed regarding a report that the Sheriff will be pulling back the deputy badges which allow City of Clearwater police to operate in the enclaves. Ratify and Confirm the City Manager's decision to proceed with the Emergency Procurement of Two New Restroom Facilities on Clearwater Beach (PR) At the City Commission meeting of February 1, 1990 the Commission approved the construction and locations of three additional restroom facilities on Clearwater Beach. As spring break approaches, traditional large beach crowds place heavy demands on local merchant's facilities and invite unsanitary use of beach areas. The urgent need for the facilities requires exception to the normal bidding procedure for procurement. The Purchasing Division solicited competitive bids and a purchase order in the amount of $29,600 was issued on Monday, February 26 to the low bidder, T.C. Structures, Inc. This bid covers the two restrooms at 10 Marianne Ave. and 10 Rockaway St. which are both located behind the coastal construction control line. The completion date of both restrooms is March 31, 1990. The City Manager is asking the Commission to ratify and confirm his approval of this project. Discussion ensued regarding work on the medians on Memorial Causeway, and it was indicated the City scheduled this work. It was requested that some consideration be given to switching sides in the afternoon where it will have the least impact on traffic. Engineering Agreement with Greiner, Inc. for Airport Improvement Project Design and Construction Services for $79,124.00 (PW) In response to a request for proposal to provide planning engineering and design services of airpark facilities, Greiner, Inc. was selected as the Airpark consultant on December 3, 1987. The Master Plan was completed in December, 1988 and approved by the Commission in May, 1989. To ensure the appropriate timely and efficient installation of the Airpark improvement projects we now need to authorize Greiner with the next phase of design and construction of the works contained in the agreements with Florida Dept. of Transportation (FDOT). FDOT concurs in the continuation of our relationship with Greiner. A request was made that we be consistent regarding the use of the word airpark and not airport. A concern was also expressed that we should make sure the advisory board is aware of the study and has input regarding award of the contract. Purchase of 1990 Aerial Photographs from Photogrammetric Technologies, Inc. d/b/a Hamrick Aerial Surveys, Clearwater, FL, for $25,900. (PW) The Public Works Dept. needs to replace the outdated six year old set of the 100 scale aerial photograph atlas of the City of Clearwater. A question was raised regarding whether or not there was countywide cooperation in this effort. The Public Works Director is to confirm whether or not there is coordination. Authorize a Customer Service Representative position for the Sanitation Division's Recycling Program (PW) This customer service representative position will function as a recycling technician to provide administrative support to the recycling coordinator. The position will be totally funded through the remainder of FY '90 from state grant proceeds reimbursed by Pinellas County under the provision of the State's Solid Waste Management Act. In response to a question, it was indicated the recycling program is part of our environmental program. It was stated that while approval of this position does not show an impact on this year's budget, it will show up in next year's. Public Hearing and First Reading Ordinances 4949-90, 4950-90 & 4951-90 - Annexation, RM-16 Zoning and Land Use Plan Amendment to Medium Density Residential for parcel A (1.5 acres) and Annexation, CG Zoning and Land Use Plan Amendment to Commercial/Tourist Facilities for parcel B (1.25 acres), Central Park Resub., Tract A (Metco Development Corp. A 89-26, LUP 89-21) (PLD) The request is for a land use plan amendment from none to medium density residential, with a zoning district of RM-16 for parcel A and a land use plan amendment from none to commercial/tourist facilities with a zoning district of CG (general commercial) for parcel B in connection with the annexation of these parcels. The annexation is requested to receive City sewer service. The right-of-way of Drew St. is 100 feet wide. The traffic circulation element of the comprehensive plan indicates that Drew St. will be six lane divided road in the future. An additional 15 feet of land will be required from the applicant to meet these needs. A question was raised regarding whether or not we could require the additional 15 feet of right-of-way at annexation, and the City Manager advised that we would have to prove the need for the right-of-way in connection with the development of the property. The Planning and Development Director is to ask the applicant if he would provide the right-of-way. Public Hearing and First Reading Ordinances 4946-90, 4947-90 & 4948-90 - Annexation, CG (general commercial) Zoning and Land Use Plan Amendment to Commercial/Tourist Facilities for a parcel (.36 acre) located at the NE corner at the intersection of S. Missouri Ave. and Belleair Rd., Sall's Sub., Blk. 6, Lots 8 & 9 (Lazzara Family Partnership A 90-01, LUP 90-01) (PLD) The request is for CG (general commercial) zoning and a land use plan amendment from none to commercial/tourist facilities in conjunction with the annexation. The request is being made to obtain City sewer service. The applicant proposes to demolish the existing building, which was a vehicle repair facility, and redevelop the site with a Checkers restaurant. The Planning and Development Director indicated the Planning and Zoning Board will be discussing this item at its March 13 meeting. At issue is whether or not the property being annexed should be required to be developed under City standards. It was reported that receipt and referral had been done and this project was in process prior to the Commission's recent policy regarding requiring annexing properties to develop under City standards. Consensus of the Commission was to issue the sewer availability letter to this applicant. Preliminary Site Plan for UPARC Housing Apartments located NE of the T-intersection of Highland Ave. and Overlea St.; M&B 21.11, Sec. 11-29-15 (0.8582 acres M.O.L.) (PLD) The developer proposes to construct 22 multiple family residential units in two buildings for UPARC to house mentally retarded adults. The property is characterized by an elevation change from 10 feet in grade from the rear to the front of the site for the meandering creek system running through the site in an east/west direction and railroad tracks adjacent to the property on the east side. A drainage and preservation easement is being required by the Public Works Dept. for the vegetated creek area. This is amenable to the developer. Due to the uniqueness of the proposed housing and site characteristics, several variances will be considered by the Development Code Adjustment Board on March 22nd. A concern was raised regarding the impact of this development on the creek if it is a tributary to Stevenson's Creek. It was indicated the creek will be left in natural state and a bridge or walkway will be over it. Staff will review the impact on the tributary more fully prior to Thursday night. The City Attorney reported that he has sent information regarding the Hearing Officer's decision regarding the Maguire case. He is requesting reconsideration, however, he has received no response from the Hearing Officer and he will, therefore, be bringing forth a request for permission to file for judicial review of the Hearing Officer's granting of this request. Consensus was to add this for Thursday night's meeting. He reported he received a response regarding a question whether or not there would be a conflict if City employees bid on the Gas System. The Ethics Commission's decision was there would be no conflict. Verbal Reports The City Manager requested permission to attempt to schedule a special work session in mid-April regarding concurrency management. The Commission approved of this special work session. He requested confirmation of approval for relocation of Mandalay Park restroom. The Commission indicated consensus. He also reported the Gas RFP is almost finished. Other Commission Action Commissioner Fitzgerald expressed annoyance at the timing of a Vision Cable letter announcing rate increases coming after the public hearing for evaluating their services. He questioned whether or not Commission members would be attending the Haarlem, Netherlands Trade Mission, and it was requested this be put on a future agenda. Commissioner Regulski expressed concern that there are no dates indicating the 30 day time period that a portable sign is allowed. A status regarding the Dimmitt flag case was requested, and it was indicated this was pending on their motion to dismiss based on the City Attorney's motion regarding Federal flag regulations. Commissioner Regulski questioned whether or not the City as making an effort to purchase recycled materials. The City Manager responded that staff would look into this. Commissioner Regulski expressed concerns regarding Planning and Zoning members telling him that they have been told they should not consider the distance regulation when granting or denying alcoholic beverage conditional uses. The City Attorney indicated this is up to the City Commission and the Planning and Zoning Board can not deny due to distance. It was requested that a decision regarding attendance of the Haarlem, Netherlands trip be added to the agenda for Thursday night. The meeting adjourned at 3:35 p.m.