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03/01/1993 CITY COMMISSION WORK SESSION March 1, 1993 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 Sue Berfield Commissioner Arthur X. Deegan, II Commissioner Mayme Hodges Commissioner Also present: Michael J. Wright City Manager Kathy S. Rice Deputy City Manager Elizabeth Deptula Assistant City Manager M.A. Galbraith, Jr. City Attorney Cynthia E. Goudeau City Clerk The meeting was called to order at 9:10am. Budget Programs (WSO)(AS) Ms. Deptula offered a memorandum from Tina Wilson, Budget Director, to Mayor Garvey and the Commission, approved by the City Manager, indicating a breakdown of proposed programs and sub-programs for the 1993/94 fiscal year. The City Manager said accounting will be kept at the sub-program level, but will be reported in the budget book at a program level; Mr. Wright will have sub-program detail information. Omission of Police Department East District was noted. The Commissioners agreed upon the concept, and staff will move forward with development of the budget using the proposed breakdown. Contract for roof replacement at Morningside Recreation Center to The Dean Company, Clearwater, FL, for $22,690 (GS) There are leaks in the roof at the Morningside Recreation Complex, causing damage to the plaster ceiling. Temporary repairs have failed and it appears the roof is beyond repair. Bids were solicited and one bid was received from The Dean Company. Reviewing this bid with another roofing project, the square foot cost proved comparable. Staff recommends contract be awarded to The Dean Company, who will provide a coal-tar pitch, aggregate roof, 20-year limited warranty, at a cost of $22,690.00. Commissioner Berfield objected to gravel roofs, which prove hazardous in storms. It was agreed replacement of the entire roof would be cost-prohibitive. Commissioner Berfield opined that future construction not include roofs of this type. Discussion ensued relative to county-wide prohibition of gravel roofs. It was indicated such an undertaking would be extremely difficult. Commissioner Berfield agreed to let it pass. Agreement with Clearwater Bombers, Inc. re: Bombers use of Bomber Stadium (CM)) The City Attorney's office advised a new five-year agreement with "Clearwater Bombers, Inc.," the legal entity, was required. The only differences in substance are: 1) The legal entity of Bombers was changed form "Clearwater Bomber Boosters, Inc." to "Clearwater Bombers, Inc."; 2) a new paragraph 9 has been added to reflect the Bombers having rights to install advertising signs on the outfield fence of the stadium; 3) an annual reporting requirements replaces a final reporting requirement in paragraph 13(B). The current budget for 1992/93 includes a City contribution of $10,000. An additional City contribution of $1.00 for every $10.00 raised by the Bombers was discussed but not finalized. Mr. Ream Wilson reported a change in officers of the Boosters and Mr. Wright indicated he is now dealing with Mr. Mike Moore, who indicated the need for funds was urgent. Commissioner Fitzgerald asked whether an annual financial report requested by the Commission had been received. It was agreed that no reports had been received. Mayor Garvey said a copy of last year's financial report and this year's budget was needed by 5:00 Wednesday in order to be aware of the distribution of monies last year, and how this year's award would be spent. Mayor Garvey asked if a list of private sector financing could also be provided. Commissioner Fitzgerald said that he was not ready to consider further funding for the Bombers and additional monies will have to come from the private sector. Contract for Beach Access Improvements for the area from Bohenia Circle South to Juniper St., to Unicon, Dunedin, FL, for $43,676 (PR) Mr. Wilson explained this project involved King Engineering Associates Inc. design drawings for the beautification of street ends from Behenia Circle South to Juniper Street. The contract provides for the construction of boardwalks, concrete decks, retention areas, stormwater improvements, sidewalks and other necessary pertinencies and landscaping. He described the project in detail and explained the objectives are improved access, especially handicapped, and maintaining view of the Gulf. Replying to Commissioner Fitzgerald's question, Mr. Wilson indicated the project meets ADA requirements, and two handicapped parking spaces at each street end will be provided. Mayor Garvey questioned why the City was doing this project; Mr. Wright answered it was a budgeted item in the capital improvement program. Mr. Wilson was asked to bring the drawings to Thursday night's meeting. Extension of contract with Rueter, Inc., Hopkins, MN, for purchase of approx. 2,300 - 90 gallon refuse containers, for the period 4/1/93-3/31/94, at an est. total of $126,400 and misc. spare parts for an est. total of $23,600, for an est. total of all for $150,000 (PW) This contract covers replacement of unserviceable 90-gallon refuse containers. Rueter, Inc. has agreed to extend the terms set forth in the 1992 contract for an additional year. The balance in Residential Container Acquisition are sufficient to provide funds for this contract. In the ensuing discussion, Mr. Wright said the City would probably stay with twice a week pickup; Mayor Garvey said two solid waste pickups per week were acceptable until recycling was significant. Contract for Storm Improvement Project (Cleveland/Duncan to Aurora) to Suncoast Excavating, Inc., Ozona, FL, for $492,654 (PW) The work proposed is the replacement of a deteriorated and undersized storm sewer system and water main along Cleveland Street from Duncan Avenue to Aurora Aenue. The project includes installation of approximately 4,310 lineal feet of reinforced concrete storm pipe and 3,038 lineal feet of water main replacement, together with appurtenances, relieving flooding conditions and drainage. Because of past problems experienced with the low bidder, Steve's Excavating, staff recommends the contract be awarded to the second lowest bidder, Suncoast Excavating, with a bid of $492,654.00. It was noted Steve's Excavating wants unfavorable correspondence removed from the City's files; staff did not agree. Mr. Galbraith said he looked into the matter and was confident the City was in a good position to award the contract to the second lowest bidder. Mr. Wright noted that Steve's had submitted a bid protest which has been subsequently withdrawn. Contract for Harbor Oaks Curb Replacement to MTM Contractors, Inc., St. Petersburg, FL, for $209,100 (PW) The purpose of this contract is to replace all of the deteriorated curbing in this neighborhood, eliminating piece-work patching and overall higher maintenance costs. Present curbs were constructed with inexpensive "butter curb" which over the years has deteriorated. Mayor Garvey questioned why Harbor Oaks curbs needed replacement; Mr. Baker gave the history, indicating the original Marl mix was stuccoed with concrete to patch, adding that the City is obligated to keep its curbs repaired. He explained handicapped ramps to conform with ADA requirements are included in the contact, but medians curbs are not. He added curbs facilitate stormwater and drainage management. Later, at the close of the work session, Mr. Wright offered that median curbs are indeed City right-of-way, are concrete and will not be replaced. Mayor Garvey asked Mr. Wright to double check this. Replying to Mayor Garvey's question, Mr. Baker reported ordinarily properly constructed curbs in the City do not need repair, and it is not a regular problem. He indicated Harbor Oaks was the only section having deteriorating Marl type curbs. Mr. Wright reported staff will be bringing recommendations on the bicycle trail on May 18th. Policy re: entranceway signs & monuments in City rights-of-way with active pursuit of adherence to the policy by owners of existing structures (PW) The City Commission had directed Staff to obtain the agreements and insurance policies mentioned in the existing policy and to describe the allowable recognition signs pertaining to the "Adopt a Park" program. Mr. Wright offered recommended language. Several Commissioners reported receipt of correspondence from Northwood Estates residents relative to replacement of their sign. It was agreed Northwood could reconstruct its sign with proper liability insurance and maintenance. A discussion concerning the present policy ensued and Mr. Wright reaffirmed the proposed language will obviate future building of monuments. The Commission requested the word "new" be added, and separate paragraphs will address new and existing monuments. Commissioner Deegan questioned the placement of monument-type mail boxes on the right-of-way. Mr. Baker reported the Postmaster endorsed removal by the City. A discussion ensued as to enforcement. Mr. Wright suggested a survey. Mayor Garvey suggested prohibition and notification to the public via water bill stuffer was mentioned. Commissioner Deegan favored a specific paragraph to cover monument-type mail boxes. Mr. Baker will draft appropriate language, survey neighborhoods and take relevant pictures. Mayor Garvey suggested the public be informed via video on Vision Cable and Commissioner Fitzgerald suggested coordination with Homeowners' Associations. Jolley Trolley - Consider continuation of Downtown Service (CM) If the Commission would like to continue the Beach/Downtown service on a regular basis, it will result in an annual cost of approximately $152,400. Ms. Deptula reported that PSTA has decided not to take any action on the termination of the Beach to Downtown Trolley. A March 24, 1994 public hearing is schedule and public input is sought. Mayor Garvey requested summarization of the yearly cost for the Beach Trolley, the Downtown Trolley's total cost, estimated loss of revenue from PSTA for Route 80, and the amount of projected revenue if $.25 fare were charged. Ms. Deptula reported PSTA has requested $2,000/month subsidy for lost ridership, making the monthly cost $12,700, adding the City pays in full the operating cost; 90% of purchase of the Trolleys is borne by Federal and State funds. Commissioner Deegan stated there is a market for a tram service and asked if there were private sector interest. It was agreed Jolley Trolley is recreational, not mass transit. Commissioner Berfield indicated she had been contacted by persons interested in north and south expansion and they will need to be addressed at Thursday's meeting. Mr. Wright will investigate legalities before Thursday. The meeting recessed at 10:30am, reconvening at 10:38am. City Hall Space Needs A representative of Rowe & Donnell distributed a memo offering five items, including backup information and worksheet, indicating space needs will vary relative to the mission of the agency. The results of soil borings and the swamp gas issue were discussed and an additional test suggested. Mr. Donnell emphasized project cost is determined by the client and no cost estimate has been done for a new City Hall. He explained the difference between budget and estimate, adding estimates can not be determined until design criteria is set and concepts produced. The parking survey, structure and shared parking with churches was discussed. Mr. Wright listed the type of vehicles to be included, the total of which is 400 vehicles. It was indicated a separate budget has been established for the Community Room. The budget for exclusions, with the exception of moving and rental costs, is estimated at $1,500,000. Following Ms. Rice's report on shared parking with churches, Mr. Wright pointed out the advantages of removing parking from under the building and recommended further exploration. Ms. Rowe reported the cost savings for a consolidated City Hall were estimated at $213,855 per year and relayed the benefits of this option. Commissioner opined this item be placed on the agenda for Thursday's meeting; Commissioner Fitzgerald said he needed more time for review. Mayor Garvey said the matter would be discussed early Thursday night, right after Public Hearing items. Ms. Rice will consolidate all current information into one document. Public Hearing - Major Amendment to OPD Final Site Plan of Belcher Sunset Center located at 1801-1876 N. Belcher Rd., Belcher Point Sub., to permit an additional 1-story bldg & associated parking on Parcel A (Krivacs/Guilford)(PLD) The applicant is requesting authorization to revise the final site plan by adding a one-story 5,004 square foot building and 23 parking spaces to Parcel A. This item requires DRC review and a public hearing before the City Commission. Mr. Polatty displayed site plans and reported DRC has no problems with the application. Public Hearing & First Reading Ord. #5332-93 - RS-8 Zoning for property located at 300 Venetian Dr., North Shore Park Sub., Blk 1, Lots 10, 11 and part of 9, approx. 0.84 acre (Owens/City Z92-10)(PLD) This is a City-initiated rezoning of an existing 12 unit apartment building from RM-8 to RS-8. This rezoning action is being taken pursuant to direction given to staff by the City Commission in its initial approval of the North Ft. Harrison/N. Myrtle Avenue Zoning Study and its associated rezonings and land use plan amendments. It was noted the Planning & Zoning does not support this action because the owner could not recover existing density if building were destroyed. (Cont. from 2/4/93) Variances to Sign Regulations for property (Dayton Andrews, Inc.) located at 2388 Gulf-to-Bay, Sec. 18-29-16, M&B 24.05 & 24.06, and Gulf to Bay Estates, Unit 3, Lots 594-597 (Massey Motors, Inc. SV92-26)(PLD) (Cont. from 2/4/93) Variances to Sign Regulations for property (Lokey Oldsmobile, Inc.) located at 2339 Gulf-to-Bay, Sec. 18-29-16, M&B 31.05, and Lokey F.B.C., Lot 2 (Lokey, McFarland, Flaws & Barnett Banks Trust Co. SV92-44)(PLD) Mr. Polatty reported the application for a lesser variance as promised by the applicant has not been received. Mr. Polatty said staff would have no problem with a variance for a smaller sign. It was noted although 64 square feet is the allowable area, the requested signs are in the 80 square feet range. Mr. Wright shared pictures with the Commission members. Mr. Polatty will confirm whether each of the three businesses has a separate occupational license. Ord. #5347-93 - Relating to the Clearwater Downtown Development Board; amending Secs. 2.147 and 2.148 The DDB has requested an additional amendment that would allow one vote per parcel vs. one vote per property owner. The City Attorney felt procedurally this item should be handled as a separate ordinance. OTHER CITY ATTORNEY ITEMS Ultimar Site Plan Modification Request The developer is requesting approval of a modification of the site plan to allow an in-ground swimming pool in view corridor. Mr. Galbraith gave the background and indicated a settlement stipulation, indicating the present application now violates paragraph 4 of the site plan. The applicant claims because the pool modification is below ground it is allowable under "protected" site plan requirements in article 14, i.e., 1) There is no increase in height; 2) setbacks are equal to or greater than those shown on the site plan; 3) There is no reduction in open area; 4) there is no increase in density; and 5) there is no reduction in view corridor. Mr. Galbraith said the item is proposed for reconsideration because of recent Commission action, although approval of the City Manager would have been adequate. Opposing depositions from neighbors were mentioned, although they agreed the pool would not obstruct their view. Commissioner Berfield requested copies of the depositions; Mr. Galbraith said he would have the transcripts tomorrow. City Manager Verbal Reports Legislative Update Ms. Deptula noted four letters which were sent to the legislative delegation relative to solid waste flow control, building inspection liability, attorney client privilege, and ex parte communications. She asked the Commission consider possible support for amendments to the Revenue Sharing Act and home rule for local vendors' bids. Ms. Deptula will prepare a draft for the Commission's consideration. Commissioner Fitzgerald noted an item in the Tampa Tribune which noted a committee meeting wherein the soverign immunity question was addressed. Ms. Goudeau indicated the Canvassing Board will meet on March 10, 1993, tentatively scheduled for 12:00 noon. Mr. Galbraith indicated Janice will call and confirm the time. Commission Discussion Items Direction re: code amendments requested by Coalition of Homeowners Ms. Goudeau indicated Bob Wright, Coalition of Homeowners' president, has requested reconsideration of an ordinance to address parking on lawns. It was agreed, while the Commission understood the concern, there was no change in the direction provided to staff. Televising Worksessions A citizen has requested the Commission consider televising worksessions. In the opinion of Mayor Garvey, the work session is only information gathering, not decision making, and it is not necessary to televise work sessions. Commissioner Fitzgerald agreed, although he said it might be considered if there were no cost to the City. Commissioners Deegan and Berfield were also in favor, if there were no cost. Commissioner Hodges believed televising work sessions would be repetitious. Ms. Goudeau will confer with Vision Cable. Mayor Garvey mentioned problems with the sound system and a discussion about microphones ensued. Other Commission Action Commissioner Hodges reported she had talked with Mary Dresser relative to library parking and Ms. Dresser has not received a written response to her request to be placed on the agenda. Ms. Goudeau offered to follow this up. Commissioner Hodges also noted a letter from the North Greenwood Merchants Association relative to parking at a proposed medical facility. Mr. Wright said although it had been answered, he offered to reply again. In the interest of cost-containment, Mr. Wright cautioned against buying a specific piece of land. Mr. Wright said this matter should be resolved in the next thirty days. It was noted this item has remained current for about a year, and parking should be provided as promised. Commissioner Berfield was assured by Mr. Wright the Pinellas Trail will be scheduled for March 18th. Mr. Wright said staff will make its best recommendation. Commissioner Fitzgerald said the experts should give one best non-political recommendation after looking at all options. Mr. Wright said notwithstanding recommendations, the final decision will rest with the City Commission. Information on Beach parking lot closings was distributed. Adjourn The meeting adjourned at 12:00 noon.