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04/12/1993 CITY COMMISSION WORK SESSION April 12, 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 Fred Thomas Commissioner Sue Berfield Commissioner Arthur Deegan Commissioner Also present were: Michael J. Wright City Manager M.A. Galbraith, Jr. City Attorney Cynthia E. Goudeau City Clerk The meeting was called to order at 1:00 p.m. Service Awards Service awards were presented to City employees. Countryside Community Center Ream Wilson, Director of Parks and Recreation, gave a brief history and introduced David Abelson. David Abelson, representing the North Area Council of the Chamber of Commerce, thanked the Commission for increasing the funding for this Capital Improvement Project and presented a survey outlining the project. He discussed the results of the neighborhood survey. He outlined the focus of the facility, the construction cost of each room, employees needed to operate the center and revenue sources. He said service clubs and civic organizations are asking for 3,000 to 6,000 square feet of divided meeting space and the ability to rent meeting rooms at reasonable prices. He anticipated, upon completion, this will be the most used facility in the City. In response to questions, Mr. Abelson stated approximately 40 to 45 percent of the users do not live in Clearwater and are not charged nonresident fees. Staff suggested a nonresident fee be considered, due to the heavy usage. Mr. Abelson stated civic clubs do not usually meet at city facilities; however because of the large number of clubs wishing to use the center, he suggested having them provide funding for that portion of the building they would be using. He stated it would be critical to be allowed to have parking in the Florida Power right-of-way. Discussion ensued regarding staff's recommendation against renting city facilities to civic organizations on a weekly basis. It was felt this would not be cost effective and the clubs should deal with the private sector, arranging to meet in restaurants, churches or in Ruth Eckerd Hall. Discussion ensued regarding existing meeting room facilities. General consensus was to agree with the staff recommendation. A recommendation was made to immediately begin the necessary architectural process; however, direction was given to look at the budget process before starting the architectural RFP. In response to a question, Mr. Wilson stated the estimated building cost of $75 per square foot was based on recent construction done in the area. Discussion ensued regarding whether or not staffing could be done with volunteers. This was felt to be too large a commitment to ask of volunteers. It was suggested to consider staffing requirements when looking at the budget process. Staff was requested to address the issue of parking on the Florida Power right-of-way. Proposal to Audit Legal Department (WSO-2) Attorney Michael A. Fogarty, with the law firm of Glenn, Rasmussen and Fogarty, was invited to present an overview of his management audit techniques, with a view toward auditing the City of Clearwater's legal department. He stated he was hired as the Tampa City Attorney in 1986, by Mayor Sandy Freedman, to give a fresh outlook on what could be done to overhaul their legal department. He indicated he studied the staff, how activities were conducted, compared them with others in the state and suggested ways to implement procedures to make the office more efficient. In response to questions, Mr. Fogarty indicated this type of technique is used by large accounting firms. He stated it has not been used by his law firm and he was not aware of any other cities which have used similar techniques. He said he would assess the administrative and technical aspects of the department and recommend whether or not to continue to use the same staff or hire outside consultants to run the department. When asked what standards are used to determine efficiency and productivity, Mr. Fogarty stated random samples of work performed over the years are evaluated for cost, results and effectiveness. Concern was expressed productivity is a result of efforts by all staff, not just one attorney. Mr. Fogarty acknowledged government office records are kept differently than Law office records. He stated his objective as a city attorney was to produce the maximum work for the lowest cost. Discussion ensued regarding charging user departments for legal work, modifying work assignments to make the best use of individual knowledge and working within budget constraints. A question was raised regarding how to measure the success of an office which does not select the cases or courses of action. Mr. Fogarty stated budget management and productivity can be compared to other city attorney offices, which all deal with similar issues. He indicated he was able to make substantial improvements in the Tampa office, based on the numbers of cases won and the quality of the opinions analyzed. However, he said he could have done more if there had been more money with which to work. Concern was expressed with the potential conflict of interest involved due to Attorney Fogarty's firm representing Commissioner Thomas. Mr. Fogarty stated he does not personally represent Commissioner Thomas and he outlined the type of work done by the firm. He explained, in his view, the nature of this proposal is for someone to perform an evaluation, not to take a position, and he does not envision being adversarial. In response to a question, he said there are a number of qualified attorneys who have not had dealings with the City, who could perform the evaluation. Discussion ensued regarding Mr. Fogarty's qualifications. A copy of the publication, The Best Lawyers in America, was offered for observation. It was indicated Mr. Fogarty is listed in the top 50 to 60 attorneys, among the 50,000 in the State of Florida. The meeting was recessed from 3:09 to 3:15 p.m. Sub-Lease Agreement with Religious Community Service for Holt Avenue School Board Property for the period 5/1/93-4/30/94 (AS-2) The Pinellas County School Board is again entering into a lease with the City of Clearwater for school property on the east side of Holt Avenue at the Curtis Elementary School Complex. In use since 1972 as a location for temporary emergency housing, the property is now to be sub-leased by the City to the Religious Community Services, Inc. (RCS), which operates the emergency transitional housing program. Presently, RCS has 14 mobile homes located on the site. Families needing this type of emergency shelter are able to stay in the mobile homes for periods up to 60 days. This short term, emergency housing program is a major element of the emergency shelter and food network in the community. The School Board has requested that the City act as a conduit for this property lease because this project specifically benefits the City of Clearwater. The terms of this one year sub-lease agreement are similar to those of last year's sub-lease with the Religious Community Services. As in the past, no cost is borne by the City for the sub-lease with RCS. The present sub-lease with RCS expires on April 30, 1993. This lease includes a new article (paragraph 3d) which states the possibility that the School Board may want to construct permanent parking facilities on the leased premises during the time period covered. As a consequence of this, RCS may request an alternate property site to lease from the City should the School Board proceed with its parking lot plans. Approval of the sub-lease of the property to the RCS is subject to approval of the primary lease of the property to the City by the School Board. This item is scheduled for School Board action on Wednesday, April 28, 1993. Approval of the sub-lease by the Commission will allow continuation of the RCS emergency housing program at the Holt Avenue site, effective May 1, 1993. Jeff Harper, Director of Administrative Services, indicated the School Board is not interested in renewing beyond one year and RCS may come back to the City to see if another site is available. Staff will investigate possible locations. In response to a question, it was indicated there is no liability or responsibility to the City and there is a need to accommodate the homeless. Extension of contract for purchase of envelopes to Tampa Envelope Manufacturing, Tampa, FL, for the period 5/14/93-5/13/94, at an est. $15,000 (AS-3) The City centrally procures envelopes that are utilized by all departments in order to obtain quantity pricing. This contract consolidates all envelope procurement with the exception of low volume special order items that are not procured on a regular basis. This is the first extension of the contract as authorized in the general conditions of the original bid. There will be no change in either price or terms. One additional renewal option remains. Total expenditures for envelopes under the current contract are $12,096.04, as of April 6, 1993. The current contract expires May 15, 1993. Purchases under this contract will be charged to the inventory operating code and charged to the various department's operating budgets as inventory is disbursed. Funding for this contract is budgeted in the various department's FY 92/93 operating budgets. Purchasing Manager, George McKibben, stated the City uses 1.2 million envelopes per year. Staff was requested to provide a breakout of the bidding for this item and back-up documentation for all consent issues in the future. Extension of contract for purchase of misc. office supplies to Tampa Office Supplies, Tampa, FL, for the period 5/22/93-5/21/94, at a standard discount of 55% from catalog list price at an est. $80,000 (AS-4) All departments purchase office supplies that are required by their individual departments. Each department orders and receives supplies directly from the vendor as needed, then authorizes payment. To assure the best price available, bid specifications requested standard discount from either one of two approved industry standard catalog list prices. Electronic items and furniture are excluded from this contract. This is the first extension of the contract as authorized in the general conditions of the original bid. There will be no change in either price or items. One additional renewal option remains. A brief comparison of the discounts being offered to various agencies is as follows: Pinellas County receives 52.3% discount from Tampa Office Supplies; the City of Largo receives a 51% discount and the City of St. Petersburg receives a 30% discount from Allstate Office Supplies. The City of Clearwater receives a larger discount than others because of the close proximity of deliveries and rapid payment history. Purchases under this contract will be charged to various department's operating budgets as purchases are made. Funding is budgeted on various department's FY 92/93 operating budgets. George McKibben responded to questions, stating staff has compared the discounted rates offered by the catalog houses with those of large chain stores and discount warehouses. The City is receiving a better price for the many small orders of items not normally stocked. He stated on large items, the City purchasing department does shop around to get the best prices. Public Hearing & Res. #93-22 re: Vacating 15' utility easement lying W of Belcher Rd. and N of Monclair Rd., Sec. 6-29-16, M&B 22.03 (Colen V93-01) (PW-1) The owners' property is in the county and is currently being developed. The plans show two proposed buildings over the existing 15 foot utility easement that was granted to the City of Clearwater. This request has been reviewed by various departments and divisions concerned with vacations and there are no objections nor were there any objections from Florida Power, General Telephone and Vision Cable. In regard to this request, it is recommended to adopt Resolution #93-22 which will authorize the City to convey the easement back to the property owner by quitclaim deed. Discussion ensued regarding the application with it being indicated the City owns the land, which was conveyed by deed. Concern was expressed the public could be better notified of the City's activities if advertising was placed in the St. Petersburg Times instead of The Tampa Tribune. It was stated this was a financial decision made when, upon investigation, it was discovered advertising in the Tribune costs 400 percent less and satisfies the legal requirement to advertise in a paper of general circulation. This was indicated to be a concern of many cities and the Times was asked by the Mayor's Council if anything could be done about the rates. The Times came back with a reduced rate which was still considerably higher than that of the Tribune. A suggestion was made to mail notices to City residents as utility bill stuffers. This was not felt to be feasible as utility bills are mailed at different times of the month and public hearings must be advertised a specified number of days in advance. Res. #93-24 - authorizing Joint Participation Agreement with FDOT re: construction of the Clearwater Pass Bridge (PW-2) The City of Clearwater has been working with the FDOT for the construction of a new bridge over Clearwater Pass since June, 1987, when the existing bridge experienced an abrupt 10 inch settlement. The City's strategy since that time has been to keep the bridge operable through a series of repairs while pursuing the construction of a new bridge with federal funds administered by the FDOT. The City has been through a lengthy and complex process involving reports, investigations, studies, hearings, etc., and is contemplating the receipt of all required permits. While the State of Florida has been very helpful and has placed funding for the new bridge in 1994, they have just now brought forward an agreement as the official contractual arrangement between the City and the State. The agreement calls for the City to accomplish the engineering design, obtain all necessary permits, and acquire necessary rights-of-way. At that point the plans are turned over to the State and the DOT actually accomplishes the construction. Upon completion of the project, the State will be responsible for structural inspection of the bridge and the City will be responsible for routine maintenance repairs, and upkeep of the bridge and roadway. The contract contains a clause 16(a) which simply states that, notwithstanding any arrangement, the Department is not required to build the bridge should funding not be made available as anticipated. Upon approval of the Resolution authorizing the execution of the agreement, the executed agreement and copy of Resolution will be sent to FDOT. A question was raised why it took three years to come up with this document. It was indicated the FDOT did not grant final approval until now. William Baker, Director or Public Works, stated the DOT has been supportive regarding the joint project agreement, which is currently being adopted into a legislative program. In response to a question, it was not known if this construction agreement is similar to any others made in the past. Concern was expressed with having to make a quick decision on a project which has been held up for three years. Purchase of 2, 3 & 4 cubic yard aluminum front-end loading refuse containers from Boone Welding, Inc., Gainesville, FL, for the period 4/15/93-4/14/94, for an est. total of $40,000 (PW-3) Nine bids were solicited. There were six no response and one no bid response. Of the two bid responses, the low bidder, Hesco, did not meet the specifications. The Hesco container material (.090") was only 72% as thick as the specifications required. The selected vendor, Boone Welding, Inc., met the specifications (.125") and provided a much more durable container. The Solid Waste Division has recurring requirements to replace front-end loading refuse containers. The decision to replace a limited number of steel refuse containers with aluminum ones at selected locations was predicated on the need to have lighter weight containers in difficult places to reduce the risk of injury during roll out, to reduce maintenance cost of the containers and to reduce stress on collection vehicles. Although aluminum containers cost approximately twice as much as steel (three-cubic yard aluminum = $625; three-cubic yard steel = $325) it is felt that the added efficiency and the expected extra container life to be gained from selected application will offset the additional cost in the long term. The steel containers to be replaced are primarily located in areas where experience has shown that exposure to the elements increases maintenance, such as Clearwater Beach and other locations that are adjacent to salt water. Other locations are those where Solid Waste employees or customers' employees are required to roll out containers to a designated location for dumping. On an average, an empty aluminum container is approximately 60% lighter in weight, i.e., a three-cubic yard steel container weighs approximately 690 pounds, while an aluminum container of the same size weighs 245 pounds. The decreased weight reduces the risk of job-related injuries when being handled by employees and reduces wheel damage as well as wear on the lifting mechanism of the collection vehicle. Discussion ensued regarding the materials, weight, life expectancy of the containers and whether or not the lighter ones will be more of a storm hazard. Mr. Baker said the wind will not blow them around. In response to questions, Robert Brumback, Assistant Director of Public Works/Utilities stated he anticipates a five to ten year life span; however, there is no guarantee. He said the thicker metal will last longer and be less easy to dent. Twelve of the heavier containers have been tested for six months with no deterioration. Purchase of a 1-year warranty extension service maintenance contract for the Water Pollution Control Division from Perkin-Elmer Corp., Lake Mary, FL, for $12,723.08 (PW-4) The City is required, under the terms of the U.S. Environmental Protection Agency and the Florida State Department of Environmental Regulation permits to make quarterly analyses for contaminating parameters in plant sludge and monitoring wells. Testing is also conducted for stormwater discharge quality and for certain Water Department inquiries. The Atomic Absorption Spectrophotometer and the Graphite Furnace Instrument were originally purchased at a cost of $50,000 and $37,000 respectively. The Gas Chromatograph was originally purchased at a cost of $90,000. These sophisticated instruments are serviced through an annual warranty extension maintenance contract which includes on-site repair, parts, labor and travel. The service is available only from Perkin-Elmer, the supplier of the instruments. Mr. Baker stated the equipment is warranted by the supplier and the preventative maintenance is done in house. In response to a question, he stated there is a system in place to determine whether or not vendors will be used again in the future. Contract for reconstruction of Big Pier 60 to The Hardaway Co., Tampa, FL, for $1,996,268 (PW-5) The purpose of this contract is to provide for the replacement of Big Pier 60 on Clearwater Beach. Five bids were received on March 17, 1993. The existing pier will be completely removed seaward of the high water line and will be cut off to a level 12 inches below ground in the area upland of the high water line. A new concrete pier with wooden handrails and recessed deck lights will be constructed in the same location. Wooden stairs and a bait house facility will be constructed as part of the basic project. The low bidder for both the basic project and the additional alternates is the Hardaway Company of Tampa in the amount of $1,996,268.00. The engineer's cost estimate was $1,936,000.00. Five additive alternates (described below) are included in the bid to provide for the construction of eight additional wood superstructures and recycled plastic benches on the new pier. The Harbormaster recommends the construction of all alternates in an amount of $149,595.00 above base bid. The base bid for the pier, handrail, and bait house is $1,846,673.00. Add. Alt. Description Bid Price 1. Entrance structure No. 1 (Main Entrance Structure on $ 15,524.00 east end of pier) 2. Pavilion B (Large pavilion structure) 32,485.00 3. Pavilion A (5 small pavilion structures) 88,975.00 4. Entrance structure No. 2 (Entrance structure 10,684.00 from beach sand) 5. Site Furnishings (Recycled Plastic Benches) 1,927.00 Total $149,595.00 Approval of the award of bid will allow the work to begin in May-June, 1993. All environmental regulatory permits, engineering design, bidding and construction services have been obtained at a cost of $150,803. Engineering costs of $76,230 for New Pier 60 Reconstruction Observation have been encumbered. In the February 18, 1993, Agenda Memorandum regarding Infrastructure Sales Tax (Penny for Pinellas) Project List, the Commission approved a new revised project list based on the assumption that there would be no change to the projected revenue estimates, which reflected approximately a 2% growth rate. Since that time, the audit of last year's receipts has been completed and a review of the first five months of this year's receipts has been made. Staff now expects an additional $200,000 in the projected revenue estimates because of increased interest earnings from last year's collected and unused receipts and this year's trend of receipts of approximately 8% growth rate. Mr. Baker reviewed the history of the project. Tom Burke, of Camp Dresser & McKee (CDM), reviewed the design. He stated in response to a question the base of the pier pavilion could support a second story; however, this is not felt to be practical due to the need for low maintenance access to meet ADA standards. He said a second story could be added later, if necessary and, with an elevator, would cost approximately $300,000. Discussion ensued regarding the bids, design and alternatives. A question was raised whether or not wheelchair access would be necessary if a stairway was built to allow north/south beach pedestrian traffic to cross over the pier. It was indicated this is still being interpreted. Clarification was requested regarding the railings and it was stated they are to be built of wood, will have vertical rails and the distance between the rails will meet standards In response to a question, it was indicated the original $1.6 million estimate for the project has increased to $1.8 million and the difference is to be funded from the Penny for Pinellas fund. Discussion ensued regarding underground structures being left in place and large rocks being added to retain sand and restrict access below the pier. Emergency Contract for 16" Force Main Repair on S. Clearwater Beach to Rowland, Inc., Pinellas Park, FL, for $43,825.68 (PW-6) On March 15, 1993, while investigating storm damage, the Public Service Division discovered a major breach in the 16" force main from Sand Key adjacent to the Clearwater Pass Bridge abutment on south Clearwater Beach. An emergency repair clamp and a containment berm were placed around the pipe by Public Service which prevented further discharge of the force main. The only acceptable repair to prevent further breaching of the deteriorated pipe was immediate replacement. An emergency repair contract with Rowland, Inc. was approved by the City Manager. Rowland, Inc. is the current holder of the Pinellas County, North County Sanitary Repair Contract and Rowland agreed to use those applicable County contract items in the City's repair project. Work commenced on March 18 and was completed with a simultaneous reconnection early in the morning of March 24. Because of the early action in containing the flow and the immediacy of the repair, a serious spill into Clearwater Pass was avoided. At the time of this incident there was no 16-inch Ductile Iron pipe available and a delivery time of twenty-eight days was intolerable. A calculation as to the adequacy of a 12-inch pipe was performed and it was determined that an immediately-available 12-inch pipe (Force Main) would suffice for the flows involved. Clarification was requested regarding the purchase of 12-inch versus 16-inch pipe. Mr. Baker stated after it was determined that no 16-inch pipe could be found and a study indicated 12-inch would be sufficient, only quotes for 12-inch pipe were requested. Terry Jennings, Public Works Chief Engineer, presented and explained a drawing of the forced main system serving Clearwater Beach and outlined areas of priority for replacement. He stated the existing metallic system is subject to corrosion on both the inside and outside of the pipes and it is not desirable to reline them due to the expense and risk of mechanical damage from the outside. This proposal is to use polyethylene pipe, which can be installed 25 feet below the bottom of the bay, is not subject to corrosion, is comparable in cost to relining and is cheaper than new pipe. Discussion ensued regarding the project and it was felt to be more cost effective to replace all three sections of the main now, saving on cost per linear foot of pipe. The importance of this project was stressed as the pipe is very thin and there is no bypass or shut-off in the system if a breach should occur. In response to questions, it was indicated permits are more likely to be issued where potential environmental hazards exist and when there is no alternative. It was stated the project is being funded from the sewer fund. Water Main Replacement Contract - Phases 9 & 10 to Suncoast Excavating, Inc., Ozona, FL, for $528,995 (PW-7) This contract is for the construction of Phases 9 and 10 of the water main replacement project under the Water and Sewer Utility Bond Issue. These two phases are relatively small and were combined to obtain lower bid prices and simplify administration. Also included in this project is a small section of sanitary force main installation at lift station No. 47. The relocation of water main along Highland Avenue from Lemon Street to Lakeview Road and the relocation of a water main on The Mall, between Union Street and Idlewild Drive, have also been included. The water main along Highland Avenue and The Mall are in conflict with Pinellas County construction projects. The area of Phase 9 and 10 water main replacement is roughly bounded by Drew Street, Duncan Avenue, Palmetto Street and Pinellas Trail. The purpose of this contract is the replacement of all 2" galvanized mains within the project area, and interconnecting and upsizing of existing mains as needed for improved circulation and fire protection. Items 1 through 41 on the Bid Tabulation, which total $513,845, are water main construction work. Items 42 through 44 involve the small section of sanitary sewer force main installation and total $15,150. A request was made to reformat the information into a vertical spread sheet format in order to more easily analyze the bids. A question was raised regarding the quality aspect and history of the bidders. Mr. Baker indicated Suncoast Excavating, the low bidder, has done a number of very satisfactory projects for the City. He listed other contractors which have been used. Clarification was requested regarding whether or not the specifications were listed the same for all bidders. Mr. Baker stated all bidders received the same information and there should be no aberrations in the pipe sizes; however, contractors use their judgement regarding their abilities and techniques used to perform a job. Contract for Poinsettia Ave. and Papaya St. Storm Improvements and the Lincoln Ave. Storm Improvements to Steve's Excavating & Paving, Inc., Dunedin, FL, for $124,678 (PW-8) POINSETTIA AVENUE AND PAPAYA STREET STORM IMPROVEMENTS There is a need to install drainage improvements along Papaya Street and Poinsettia Avenue on Clearwater Beach. Depths of water as great as 10 - 12 inches accumulate in front of places of business along these streets during a normal rain. An old and inadequate storm system will be replaced with larger PVC and concrete storm pipes together with associated storm system appurtenances. The existing storm system to be replaced is located primarily under the pavement. This replacement work will require complete roadway restoration. Due to the request of a local motel owner, the work is scheduled for the month of May. LINCOLN AVENUE STORM IMPROVEMENTS PROJECT The existing storm system along Lincoln Avenue between Pinellas Street and Jeffords Street is corrugated metal and badly deteriorated. The purpose of this project is the replacement of the storm system along with the addition of an inlet on the south side of Pinellas Street to alleviate local flooding of the auto repair shop at 1239 Lincoln Avenue South. This portion of Lincoln Avenue is currently scheduled for resurfacing. The street resurfacing has been delayed awaiting replacement of the storm system. Steve's Excavating and Paving, Inc. is the same contractor who, due to delays and numerous construction problems during our Duncan Avenue-Rainbow Drive to Grove Street Drainage Improvements project, was downgraded in eligibility to bid City of Clearwater projects from a $500,000 pre-qualification amount to a $200,000 pre-qualification amount. Items #6, #7 and #29 on the attached Tabulation of Bids are resurfacing and total $33,495. All of the remaining items, which total $91,183, are storm drainage renewal and replacement related. Questions were raised with regard to downgrading the eligibility of a contractor based on problems with one job. Mr. Baker indicated it is not the intention to preclude the contractor's ability to bid; however, when there are problems, the size of the job a contractor is eligible to bid may be downgraded. He stated the problem experienced with Steve's Excavating involved the inconvenience of not having a job finished on time. Discussion ensued regarding other contractors which have done similar work for the City. Mr. Baker stated competition is encouraged. Mr. Baker referred to a letter to the editor of the Beach Views publication which stated street sweeping workers had been observed wasting time. Mr. Baker stated the employees doing the "carousing" are employed by a private contractor, not the City. Public Hearing - declare Sun Bank Building property surplus for purpose of selling (CM-1) The City Commission approved the purchase of the Atrium at a special meeting held on March 26, 1993 and closing occurred March 30, 1993. At the April 1, 1993 City Commission meeting, a motion was approved to sell the property. Therefore, the property needs to be declared surplus at a public hearing of the Commission. An appraisal is being obtained to determine the "appraised value" of the building and two floors of an enclosed parking garage as the Charter requires it be sold for at least appraised value. Once the Atrium is declared surplus and the appraisal is received, it will be advertised for sale. It will be sold in "as is" condition with the exception of the canopy over the walkway from the garage which was storm damaged and will be repaired. The City will accept the highest, qualified bid received above appraised value. The City Manager stated the appraisals will be received in two weeks. IL Zoning for property located at 508-602 N. Garden Ave., Nicholson & Sloan's Addition, Lots 7-9 and Bidwells Oakwood Addition, Lot 29 & 30, approx. 1.12 acres (Bilgutay Z93-04) (PLD-2) The applicant owns five lots on North Garden Avenue, and is presently using Lot 7 and the front part of Lot 8, Nicholson & Sloan's Addition for the assembly, wholesale, and retail of medical equipment (Pace Tech Inc.). The applicant wishes to expand this enterprise to the rear portion of Lot 8 which is presently zoned RM-8 with a Future Land Use Classification of Low Density Residential. They are requesting the rezoning of the remainder of their property to allow for anticipated future expansion. As their enterprise involves assembly of equipment, they are requesting Limited Industrial (IL) zoning. This is the only zoning which allows manufacturing as a "permitted" use. The Future Land Use Classification of the property is recommended to be changed to Downtown Development when the City's Consistency Program is finalized. This classification will permit the assignment of any zoning district the City has to the property. Ultimately, however, the entire area is proposed for a single, "performance" zoning district that would provide density, commercial area and other incentives for large scale multifamily and high tech manufacturing developments. Until that time, the IL zoning requested by the applicant would be permissible. Alternative zoning would be Urban Center-Transition [UC(T)], or Infill Commercial (CI), both of which permit manufacturing as a conditional use. It is proposed to postpone the second reading of the rezoning ordinance until the City's Consistency Program is finalized and the new Future Land Use Classification is assigned to the property. This will eliminate the need to coordinate the request with the Pinellas Planning Council and Department of Community Affairs. Ultimately, the zoning on this property is anticipated to be the proposed performance zoning district. In order to move this request forward, staff recommends that the City Commission receive the application for amendment of the Zoning Atlas to Limited Industrial, and proceed with public hearings, during which further consideration of the appropriate interim zoning as discussed above for the affected property should be considered. The surrounding property has varied uses. To the east and north, the Future Land Use Classification is Low Density Residential with RM-8 zoning. The property to the north is vacant. To the east, there are two single family dwellings, a duplex, and two vacant lots. The property to the south and west has a Future Land Use Classification of Commercial/Tourist Facilities and a zoning of CG. To the west is Quest Inn, a single family dwelling, and two vacant lots. To the south is an apartment complex. Questions were raised regarding what is being accomplished with the proposed rezoning. It was indicated the City is making alterations in the zoning and land use plans in an effort to bring them into conformance with the countywide plan. Discussion ensued regarding the application. It was indicated this area is being view a little differently than usual and it is hoped this can move forward quickly in order to be customer friendly. CG Zoning for property located at 1505 S. Ft. Harrison Ave., part of Sec. 21-29-15, M&B 44.07, approx. 2.42 acres (Stout Investments Inc. Z93-05) (PLD-3) The applicant's property is located at the southeast corner of Woodlawn St. and S. Fort Harrison Ave. It presently has a City Future Land Use Classification of Commercial/Tourist Facilities and a zoning of Resort Commercial "Twenty-four" (CR-24). The present Countywide Land Use Classification for this property is Commercial General. Under the Consistency Program, City Resort Commercial districts will be assigned a Future Land Use Classification of Resort Facilities High. The applicant wishes to have the wider range of commercial uses under the General Commercial (CG) zoning classification. The property to the north and south along S. Ft. Harrison is predominately commercial and has a Future Land Use Classification of Commercial/Tourist Facilities and is zoned CG except for the parcel directly to the south which is zoned Neighborhood Commercial (CN), two small parcels across the street which are zoned CR-24 and a small parcel on the southeast corner of Woodlawn and Ft. Harrison not included in the applicant's property which is also zoned CR-24. The property to the east and north has a Future Land Use Classification of Low Density Residential with zoning of Multiple Family Residential "Eight" (RM-8). On the east, there is a mix of single family and two family residential units. On the north are single family dwellings. In response to a question, Mr. Polatty stated the draft proposal does not follow the terminology of the countywide plan and this is being brought back in an effort to bring the two plans into conformance. Public Hearing approving Development Agreement for property located at 2495 Gulf-to-Bay Blvd., Sec. 18-29-16, M&B 42.01, 42.02, 42.08 & 42.09 (Murray Sorin and Sorin Realty Corp.) (PLD-6) The proposed development agreement involves 14.2 acres of property located on the south side of Gulf to Bay Boulevard, just to the west of the intersection of Gulf to Bay Boulevard with Old Coachman Road. The applicant is proposing to develop this property with a large retail center/shopping center containing 120,055 sq. ft., along with two outparcels each containing approximately one acre in area. Each proposed outparcel is to be developed with a single 10,000 sq. ft. building. The applicant is pursuing the development agreement in order to provide some assurance that he will be able to develop his property given City and state concurrency regulations. On April 1, 1993, the City Commission held a public hearing on this item. At that meeting, the majority of the Commission voted, in effect, to approve the agreement subject to a reduction in the duration of the agreement from ten years to five years, and subject to the second public hearing. There would be no refund of the impact fees paid by the applicant. State Road 60 is nearing its capacity, as determined by the City's concurrency requirements. Our concurrency system establishes a level of service (LOS) for each road in the City. This LOS is measured in terms of peak hour traffic volume; once a certain traffic volume is exceeded, only developments generating minimal amounts of added traffic (defined in our Code as "de minimis" traffic volumes) will be allowed to be constructed. In estimating traffic volumes anticipated from various types of land uses, the City staff uses technical trip generation estimates, including information recently developed by the local Metropolitan Planning Organization (MPO) to establish local transportation impact fees. According to the City Traffic Engineer, if all trips from the proposed Sorin development were distributed only on SR 60, the road would have virtually no excess capacity. While not all the trips will be distributed on SR 60, a significant portion will be, making it unlikely that any significant new developments will be able to be constructed until capacity improvements occur. De minimis developments, and redevelopments like Sam's Club which create minimal net traffic increases, would still be allowed. The capacity problems on SR 60 should be somewhat relieved by the proposed improvements to Drew Street and by the completion of the Bayside Bridge, so the time frame for restrictions on major new developments should be fairly short term. Major new developments on SR 60 are unlikely anyway due to the lack of available land. It should be noted that the Park Place DRI, the only significant area of vacant land on SR 60, is vested and will not be affected by any capacity restrictions. Staff notes there are several inconsistencies between the conceptual plan and City and outside agency development requirements, including access (number of driveways onto SR 60), parking (some parking spaces are shown on the adjoining Florida Power right-of-way, but nothing has been presented to indicate approval of this arrangement by Florida Power), and required open space. These are issues to be addressed during site plan review, as the development agreement only formally approves a type of use and a specific amount of floor area (see Paragraph 2 on Page 1 of the agreement). The City Attorney has reviewed the proposed development agreement and finds it meets the legal and code requirements for such agreements. The Traffic Engineer has reviewed the agreement's proposed method of handling traffic impact fees, and feels this agreement meets the fee payment requirements. The City Manager has reviewed the development agreement and has authorized it to proceed forward with a recommendation for approval. On March 16, 1993, the Planning and Zoning Board held a public hearing on the development agreement and unanimously recommended that the City Commission approve the agreement. A question was raised regarding if the money collected for this project will be allocated to this specific development. It was indicated the money will go into the transportation impact fee fund and will not be allocated to any specific project, but will be spent in related areas which are impacted by this project. Staff is to investigate the agreement to determine whether or not the fee payment is refundable. Appointment of Commission members for regional and miscellaneous boards (CLK-2) The City Commission is requested to appoint representatives to various boards that deal with issues affecting the City. The current appointees are: Board (Date/Time of Meeting) Delegate Tampa Bay Regional Planning Council (TBRPC) Fitzgerald (2nd Mon. - 9:30 a.m.) Pinellas Planning Council (PPC) Berfield (3rd Wed. - 9:30 a.m.) (term expires 12/31/94) Metropolitan Planning Organization (MPO) Garvey (2nd Wed. - 1:00 p.m.) (term expires 11/30/96) Florida League of Cities Board of Directors Garvey (as scheduled) St. Petersburg/Clearwater Economic Development Council Deegan (2nd Wed. - Noon) (term expires 4/16/94) Performing Arts Center & Theater B.O.D. (PACT) Berfield Emergency Medical Services Advisory Council (EMS) Garvey (EMS Charter requires Mayor to serve as representative) Mayor's Council of Pinellas County Garvey (1st Wed.- Noon) Fitzgerald - alternate Suncoast League of Municipalities B.O.D. Fitzgerald (3rd Sat. - 10:00 a.m.) Pinellas Sports Authority (PSA) Deegan (4th Wed. - 10:00 a.m.) (term expires 7/1/95) Pinellas Suncoast Transit Authority (PSTA) Garvey (4th Wed. - 9:00 a.m.) (term expires 9/28/93) Downtown Development Board ex-officio members (2) Garvey (Last Mon. - 5:30 p.m.) Vacant (formerly Regulski) Chi Chi Rodriguez Youth Foundation Trustees (1) new appointment (information re: meeting day/time will be forthcoming) Commissioner Thomas expressed an interest in serving on the PSTA, if the Mayor does not seek reappointment. Staff is to be notified. (Cont. from 4/1/93) Ord. #5354-93 - Amending Secs. 36.114, 36.118, 36.121 & 36.125 re: development agreements (SRO-5) A question was raised regarding if this change is required because the state law changed. The City Attorney stated the amendment is not required. Discussion ensued regarding the wording of the proposed amendment. The City Attorney was directed to review and draft a motion to amend. Ord. #5377-93 - repealing Division 5 of Article III of Chapter 2, abolishing the Clearwater Downtown Development Board (DDB) (FRO-1) Staff was directed to redraft this item, to conform to state criteria, and convert it to a resolution requesting disbandment of the DDB by the state legislature. In response to a question, the City Attorney stated either the state legislature or the governing board members may approve the dissolution. Staff was requested to draft a letter to all the downtown property owners asking whether or not they support disbanding the board. Receipt & Referral of proposed ordinances relating to the sign code (OCA-2) In an April 9, 1993, memo to the City Commission, City Attorney Galbraith stated, in response to a recent decision in the flag case, he has prepared two amendments, to be scheduled for receipt and referral at the next City Commission meeting. Recommendations were made as follows: 1. Readopt Section 44.31(1), which requires sign permits. This ordinance has been numbered as Ordinance 5382-93. The readoption is recommended because the court's ruling (unless changed upon rehearing) could be construed as invalidating the permit requirement not only for all flags, but for all signs, which was not the subject matter of the lawsuit or the intent of the court. 2. Readopt, with amendments, Section 44.08(7), relating to the exemption for flags. This ordinance will be assigned a number when the final draft is ready for first reading. 3. It is recommended the overall issue of flags be given careful study by the Planning and Development department. The effect of these proposed amendments is to require a permit for all flags in excess of two which are authorized for each residential dwelling and three for each nonresidential property, eliminating the distinction between nonresidential property and public property (which currently exists). Flags not exceeding two or three, as appropriate, could be displayed without a permit. All flags above these numbers would need a permit, as any other sign would need a permit, and would count against the overall signage allowed on the property. Staff is to prepare a report examining flag displays in general and make recommendations for amendments to be included in a redraft of this ordinance, if they find that a redraft is warranted. Concerns were expressed regarding the constitutionality of the sign ordinance and whether or not it is satisfactory to solve the current problems. Consensus was to review the ordinance Thursday night. Presentation - Jolly Trolley System Roger Sweeney, of the Pinellas Suncoast Transit Authority (PSTA), discussed with the Commission a proforma proposal for creating a non-profit corporation for the purpose of providing transportation on the Clearwater islands and downtown, using the Jolly Trolley vehicles. Discussion ensued regarding the details of the proposal; operation, labor, maintenance and cleaning costs, funding, estimated ridership, fare, insurance, administration and cash flow. In response to a question, Mr. Sweeney said if the Commission approves the proposal as submitted, he would recommend it to the PSTA board. Concern was expressed with tapping into the CRA savings for the $100 thousand to fund the project. Having a ceiling in case of a shortfall and caution regarding open-ended scenarios were recommended. Questions were raised regarding the trolley system being used in Ft. Lauderdale which receives an operating grant to help defray expenses. Staff was requested to investigate the source of this grant and if there are any mass transit grants for which the City could qualify. Moving people in a more efficient manner was felt to be way to identify the City as having a superb infrastructure for tourism. However, concern was expressed with having the City subsidize the project. It was suggested to do an RFP to see if any private companies are interested in operating the trolley. It was noted the PSTA is subsidized by the City and concern was expressed with establishing another transportation system needing to be subsidized. It is hoped the trolley will become so popular it will grow to be self-supporting and will not need to be subsidized in the future. Direction was given to place this item on the agenda for Thursday night. Discussion ensued regarding where to place the Dunedin Pass and the Downtown issues on the agenda. The City Manager stated there will be a large screen television set up in the lobby and the fire marshall will be available for Thursday night's meeting. The Mayor stated she had another commitment and would have to leave at 5:30 p.m. Other Commission Action Commissioner Thomas requested to have his eight discussion items placed first on the next work session agenda. However, it was felt to be more effective to deal with the items requiring staff input first and keep discussion items for the end of the meeting. The meeting was adjourned at 5:30 p.m.