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09/04/1990 CITY COMMISSION WORK SESSION September 4, 1990 The City Commission of the City of Clearwater met at City Hall with the following members present: Rita Garvey Mayor/Commissioner Richard Fitzgerald Vice-Mayor/Commissioner Lee Regulski Commissioner William Nunamaker Commissioner Sue A. Berfield 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 9:58 a.m. and the following items were discussed. Two Service Pins were awarded to City employees. First Reading Ords. #5022-90 & #5023-90 - 1989/90 third quarter Budget Review (AS) This is the third and final amendment to the 1989/90 budget and is intended to reflect the expected total revenues and expenditures for the fiscal year. The Third quarter General Fund Budget amendments reflect a net increase of $205,262 over the mid-year amended budget. Revenue projections increased $260,326 resulting in a decrease of $55,064 in the amount of surplus needed to balance the budget at third quarter. A question was raised regarding an item for additional funds for additional parking meters at the Sand Key parking lot and why we could not have used the meters removed from the Pier 60 lot. A question was raised regarding the return of funds to the building and maintenance budget for previously appropriated funds for an environmental study. Betty Deptula, Administrative Services Director, indicated the building and maintenance budget had run short of funds, and the environmental study was done through other funds in the budget. In response to a question regarding whether or not the funds for moving the A-frame computer to the Police Department had been reported in the item regarding the computers, the Administrative Services Director indicated it had been included in that item and the monies are being moved at this point. Contract for equipment maintenance services from Xerox Corp., Tampa, FL for the period 10/1/90-9/30/91 for estimated cost $21,252.00 (PIO) Recurring maintenance services are required on the copier equipment purchased from Xerox Corporation. Equipment of this type is usually maintained by the manufacturer through service technicians. Parts, supplies and technical expertise are needed to ensure that prompt, competent maintenance is performed. Xerox has consistently provided this. The cost for the maintenance agreement is based on a $451 per month base charge plus .0066 per copy. The estimated total cost is based on 200,000 copies per month plus the monthly base charge. A question was raised regarding how the City was doing on reducing the number of copies being made. Michael Wright, Assistant City Manager, indicated the amount of copying has leveled off and we are 7-800,000 copies less than we had anticipated at this point. Ranking of architectural firms for The Clearwater Sailing Center Building and authorization to negotiate a contract in the order of their ranking (PR) An "Invitation for Professional Architectural Services" was advertised on July 5 and 9, 1990 for the Clearwater Sailing Center building to be constructed on Sand Key. Eighteen architectural firms submitted proposals. On July 31, 1990, a City selection committee reviewed the proposals to narrow the selection to three firms. Factors taken into consideration by the committee included, but were not limited to: 1) ability to accomplish the work; 2) similar projects completed by the firm; 3) role principal(s) of the firms will assume in the project; 4) interest shown in the project throughout the process; 5) location of firms and availability for regular and routine meetings; 6) understanding of the City, the Sailing Center and the needs to be met by the Center; 7) involvement of the firm in the community and 8) demonstration of insight, preparation and thought given to the project. Following this short listing process, three firms were invited to give formal presentations to the selection committee on August 22, 1990. As a result of the formal presentations and after careful consideration of all factors involved, the selection committee recommends the following order of ranking: 1. Fowler Associates Architects, Inc., 1421 Court Street, Clearwater 2. Mudano Associates Architects, Inc., 4625 East Bay Drive, Clearwater 3. Myers, Plisko, Ott Architects, P.A., 800 Drew Street, Clearwater Questions were raised regarding why Myers, Plisko & Ott were not considered the #1 choice for the project as they have been involved with the Sailing Center in the past. Ream Wilson, Parks and Recreation Director, indicated all three of the ranked firms would do an excellent job, and it had not been an easy choice to make. He stated the firm ranked #1, Fowler Associates Architects, Inc., had shown more interest and better preparation for the project. He stated the RFPs were submitted and the selection committee had to be fair to the professional community and they were unanimous in their choice of the #1 firm. Concerns were expressed that Myers, Plisko & Ott have been involved in this project and would be a better choice. A statement was made that the Commission had to be cautious as they have only been lobbied by the one firm and, if the Commission were to decide they wanted to change the rating, they would have to listen to presentations from all three firms. Contract for sludge hauling services for the period 10/1/90-9/30/91 to H & H Liquid Sludge Disposal Co., Ft. White, FL for $211,640.00 (PW) The Water Pollution Control Division generates approximately 22,000,000 gallons of liquid digested sludge from the operation of its three wastewater treatment plants. These sludges must be disposed of in an approved manner as specified by State and Federal rules and regulations. For the past eight years, the City has been having the sludges hauled to the City owned sludge disposal farm site in Hillsborough County and applied to the soil to promote growth of hay crops. This is a State approved method of disposal and has proven to be cost effective. In response to a question regarding the impact of the advanced wastewater treatment plants on the sludge and the need to haul it, Bill Baker, Public Works Director, indicated the sludge will be in a different state with less water and, therefore, there will be fewer truckloads that have to be hauled once all advanced wastewater treatment plants are in place. Discussion ensued regarding whether or not the Commission wished to set a policy regarding purchase items of over $200,000 not being on the consent agenda. Consensus of the Commission was this would not be their policy. Authorize Camp Dresser & McKee (CDM) to perform services for the Marshall Street Pollution Control Facility (PCF) South Interceptor Replacement and Reuse Water System Extension for $345,000.00 (PW) The Marshall St. PCF South Interceptor runs from the Marshall St. PCF, generally along the west side of the Stevenson Creek corridor, to Turner St. and then along rights of way to the southerly end of Lake Belleview in Greenwood Ave. It is in a very deteriorated condition due to its age (approx. 60 years). The purpose of this work is to provide for the design, permitting and construction management for the installation of a new and larger South Interceptor. The new interceptor will closely parallel the route of the existing interceptor. In response to a question, it was indicated that a portion of this project would be paid through Penny for Pinellas funds. A question was raised regarding whether or not 60 years was a long time for a line of this sort. The Public Works Director indicated this would be a typical lifetime for a pipe in aggressive soils, and the pipe is made out of terra cotta. C.O.#1 to Canterbury Heights Drainage Improvement Project with All American Concrete, Inc. in the amount $15,794.00 (PW) The contract field work to install a replacement storm pipe at Canterbury Heights is complete. The original contract called for the installation of Johns-Manville Perma-Loc PVC storm drain pipe which was installed by the contractor. The Perma-Loc pipe material collapsed and failed during construction. It is believed the pipe product failed due to defective pipe materials supplied by the pipe manufacturer. The defective pipe material was removed at the City's direction and replaced with reinforced concrete pipe. The replaced storm drain is functioning satisfactorily. This Change Order is to make provision for payment to the contractor for the 110 linear feet of 42" reinforced concrete pipe actually installed. A new additional Item #8 will be added to the contract in the amount of $15,794. The unit price to install concrete pipe is slightly higher than the unit price to install PVC pipe due to the difference in cost of materials. Payment in the amount of $14,001.25 for the original failed 42" PVC pipe will not be made. This change order is being processed as a means of paying the contractor for a substantial amount of work that cannot be paid for until Commission approval. A final change order will follow accounting for all overage and underage. This is an "after the fact" change order due to the fact that this situation involves a large diameter pipe at a deep cut which had deteriorated and would have eroded the surrounding ground in a damaging manner. A question was raised regarding whether or not the City should be liable for this construction when it was necessary due to faulty pipe. The City Attorney indicated he would be meeting with the contractor regarding this issue later this week. Purchase 3.3 acres M.O.L. of land from James A. Vogel and Hazel E. Vogel for wetland mitigation as part of the Landmark Drive extension project for $507,692.00 (PW) City staff is recommending purchase of the subject property in the Mullet Creek basin since it is considered essential for use in wetland mitigation as part of the construction of Landmark Drive in the area south of Enterprise Road and on the east side of proposed Landmark Drive. The Department of Environmental Regulation (DER) of Tampa has advised City staff that this amount of land is required to replace environmentally sensitive land that will be disturbed during the construction process. The replacement land must also be adjacent to and lie in close proximity to the land being disturbed. The subject land is the only available which meets the necessary requirements and can be purchased close to market value. City staff has obtained an M.A.I. appraisal on the property that valued the land at $3.00 per square foot. The Vogels have agreed to accept $3.50 per square foot. Staff feels that with the completion of Landmark Drive, properties bordering on the new street will have a sizable increase of value. The Real Estate Manager recommends purchase of this land. Concerns were raised that the City was paying a premium price for land which was not buildable. It was indicated there is a history to this parcel which involved previous site plans and attempts to rezone and amend the land use plan designations on the property. It was indicated it is felt the appraisal was high. Staff is to investigate and return. (Upon further investigation, an error was found in the appraisal and this item was pulled from Thursday night's agenda.) Purchase Order for the relocation of seagrasses associated with the construction of the Subaqueous Water Main Crossing and the relocation of the effluent line at the East Pollution Control Facility to Lewis Environmental Services, Inc./Proctor Redfern, Inc. for $61,500.00 (PW) Two bids and eleven no bids were received. Lewis Environmental Services, Inc./Proctor Redfern, Inc. was the only proposal that adhered to the specifications set forth. The low bid did not meet specifications. Lewis Environmental Services, Inc. has extensive experience in seagrass mapping, trend analysis studies related to seagrass coverage in the Tampa Bay and Clearwater Harbor areas since 1948, research for the Department of Natural Resources involving seagrass restoration projects, methodology, site selection and the actual transplanting of seagrass which was successful. The scope of the work includes the transplantation of all shoal grasses within the working space of the Subaqueous Water Main Crossing in Clearwater Harbor and of the East Advanced Pollution Control Facility Effluent Outfall Line. The transplantation of these sea grasses is a requirement of the DER dredge and fill permits for the pipelines. This seagrass relocation and follow-up monitoring is also intended to partially satisfy the requirement in the settlement of the administrative proceeding with Booker Creek Preservation, Inc., which was required prior to the issuance of the operational permit for the East Advanced Pollution Control Facility. The stipulation required that the City engage the services of a qualified consultant to identify sites within Tampa Bay where seagrasses may be successfully planted. A question was raised regarding whether or not the City could use volunteers from the Marine Science Center to do the actual planting. Staff is to investigate. Ranking of prospective consulting engineers for various Penny for Pinellas Capital Improvement Projects and authorization for negotiations with the selected firms in order of their ranking (PW) Bill Baker, Public Works Director, indicated staff desires to go ahead and line up consulting engineers for various Penny for Pinellas projects which will allow the City to move quickly once the funds are available. The projects included for approval of consultants in this item are: Myrtle Avenue extension, Highland Avenue widening, Countryside widening, Landmark Drive extension, various intersection improvements and various improvements to park sites. He stated they have ranked three candidates for each job. Release Public Works requirement for VOA project (PW WSO) Bill Baker, Public Works Director, reviewed the history of this project stating when the VOA initially proposed to build on the site they were told they would have to provide drainage improvements. They were aware the City had plans to eventually do the improvements and, therefore, agreed to deposit $50,000 into the City's drainage fund. The VOA has yet to place the $50,000 in the City's fund; however, due to concerns about Stevenson's Creek, the City found a need for a much larger easement and the VOA has provided a 130 foot easement in place of the previous 60 foot easement. Mr. Baker stated he felt, in view of this, the $50,000 deposit should be excused as the 130 foot easement has greatly impacted their property. Some reservation was expressed regarding placing this project in a flood prone area. General consensus of the Commission was this was a reasonable compromise and the $50,000 deposit should be excused. ITEM - Mandalay Sidewalks for newly constructed Ferry Dock Charles Hunsicker, Assistant City Manager, explained that staff desires to provide a safe disembarkment for the ferry, and staff had proposed a sidewalk from the ferry dock to Mandalay Avenue. Some opposition has been expressed from people on the beach that the paving would eliminate too much green space. Mr. Hunsicker reviewed the plan showing that the sidewalk would meander around existing palm trees. He stated the sidewalk is approximately 120 feet long. It was indicated the biggest objection was going down the middle of the grassy space, however, there would still be plenty of grassy area. Commission consensus was to go forward with the construction of the sidewalk. Occupational License for taxicab service in Clearwater for Prestige Taxi of Pinellas Inc. (CLK) Mr. Louis Minardi of Prestige Taxi of Pinellas Inc. wishes to extend the services of his taxicab business to include the City of Clearwater. Pursuant to Code Section 71.01(c), registration of his current occupational license from another jurisdiction is allowed. The Police Department has completed its background check as required by Section 61,22 and finds no reason to deny the license registration. Concerns were expressed regarding whether or not Clearwater licensed taxicabs can pick up passengers in Tampa. It was indicated they can drop passengers off, however, they are not suppose to pick passengers up. This had been investigated before and a memo sent to the City Commission. It was requested this memo be sent to the City Commission again. Appoint City representative to the Pinellas Suncoast Transit Authority (PSTA) for a 3 year term from 9/29/90 to 9/28/93 (CC) The Mayor indicated she was willing to be reappointed to the Transit Authority. Consensus of the Commission was to amend the item to "Reappoint Mayor Garvey" and to place the item on the consent agenda. Parks & Recreation Board - 2 appointments (CC) The Mayor indicated Theresa Goss, who is on the list for possible appointment, lives in the Airpark area and we may wish to consider her for a vacancy on that board that will be up for appointment shortly. ITEM - Environmental Advisory Committee The Mayor has expressed a desire to appoint Ed Mazur as her appointee to this committee. Mr. Mazur already serves on the Planning and Zoning Board and the Budget Advisory Committee. There is a City ordinance that prohibits service on two boards at one time. The City Attorney indicated there was not a clear answer to this as this is a committee not established by an ordinance, and it was much like the Budget Advisory Committee on which the Commission has individual appointees. There was some concern regarding one person being on three boards. The Mayor indicated Mr. Mazur would be willing to resign from the Budget Advisory Committee. It was suggested this committee be given one year of operation prior to making any firm decisions regarding whether or not it should be established by ordinance and, therefore, fall under the restriction regarding service on only one board. ITEM - Change to the August 16th minutes regarding an amendment to the August 2nd minutes The City Clerk reported that at the August 16th meeting, the Commission had moved to amend the August 2nd meeting minutes to include an additional condition for the Post Harbor site plan. The condition would require that the developer maintain the park. The City Clerk indicated that, while this was discussed in the body of the item, it was not made a formal part of the motion. Consensus of the Commission was to have the necessary motion at Thursday night's meeting to correct this. Public Hearing & First Reading Ord.#5008-90 - Relating to family, group and congregate care facilities (PLD) During the 1989 State Legislative sessions, a law was passed that affects the citing of community residential homes and necessitates amendment of the land development code. Also, the Commission has expressed interest in broadening the opportunities to locate facilities in Clearwater that provide temporary shelter for the homeless. The proposed ordinance incorporates the following major changes to the code: 1) Family care is redefined to change the number of cared-for persons from 5 to 6. (without changes in the zoning districts in which family care is permitted) 2) Level I group care is redefined to change the number of cared-for persons from 6-10 to 7-14. 3) Level II group care is redefined to change the number of cared-for persons from 11-20 to 15-20. 4) Two new definitions are added. Residential shelters will be defined as temporary residences for the homeless. Foster care will be defined as care provided a child in a foster family or boarding home, group home, agency boarding home, child care institution, or any combination thereof. 5) Level I group care will no longer be provided for in single family zones, the effect of which will be to limit to 6 the number of cared-for persons that can occupy a facility within single family zones. 6) Residential shelters will be allowed as conditional uses within multiple family, limited office, neighborhood commercial, general commercial, highway commercial, urban center (core and eastern corridor), limited industrial and public/semi-public. 7) Level I group care is changed from a conditional use to a permitted use in multiple family zones. 8) Separation will be measured from structure to structure rather than from property to property. 9) Parking for residential shelters will be required on the basis of one space per six residents based on maximum design capacity. The Planning Director indicated the Planning and Zoning Board approved the amendment, and the Development Code Adjustment Board approved the amendment subject to deletion of residential shelters as conditional uses in RM-8 and RM-12 districts. He stated they felt those districts were more closely single-family districts and should not have these shelters in them. A question was raised regarding how this ordinance applies to the separation distance, and whether or not it included enclaves. It was indicated that staff's intent was for the separation to include facilities in enclaves, but that an amendment could be made to make that clearly stated in the ordinance. The City Attorney is to prepare such an amendment. In response to a question regarding the number of people that would be allowed in residential shelters, it was indicated there could be two people per living unit, and the living units would be based on zoning in which the shelter is located. It was indicated this would be self-limiting and protecting for low density zoning districts. Verbal Reports Designation of a Voting Delegate and Alternate for the NLC Conference (CM) The consensus of the Commission was that Mayor Garvey and Commissioner Fitzgerald be appointed as the delegate and alternate, respectively. The National League of Cities (NLC) will be so advised. A question was raised regarding whether or not funds budgeted covered the three Commission members attending this session. Meeting Conflicts (CM) Staff noted some conflicts in upcoming meetings and is requesting direction regarding possible cancellation. Commission consensus was to cancel the December 6, 1990 Commission meeting, due to a conflict with the NLC Conference, and the July 4, 1991 meeting due to a conflict with the annual 4th of July holiday. Additional information was requested regarding the proposed League of Cities Legislative Conference scheduled for January 17, 1991 before a decision is made regarding that meeting. This item will be agendaed for Thursday night. Other Commission Action Commissioner Nunamaker questioned the status of the fowl ordinance he had requested. The City Attorney indicated he would be bringing it forward. Commissioner Regulski requested staff look into the use of compressed natural gas for operation of vehicles. The meeting adjourned at 12:27 p.m.