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08/18/1997CITY COMMISSION WORK SESSION CITY OF CLEARWATER August 18, 1997 Present: Rita Garvey Mayor/Commissioner J. B. Johnson Vice-Mayor/Commissioner Robert Clark Commissioner Ed Hooper Commissioner Karen Seel Commissioner Michael J. Roberto City Manager Kathy S. Rice Deputy City Manager Bob Keller Assistant City Manager Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Patricia O. Sullivan Board Reporter The meeting was called to order at 9:00 a.m. at City Hall. Service Awards Three service awards were presented to City employees. The Commission recessed from 9:03 to 9:45 a.m. to meet as the Pension Trustees. PUR PURCHASING Video Editing Equipment, Steadi Systems of New York, $33,954 (IM) One 1997 Ford F-800 chassis with Altec Model AN-650P Aerial Tower, Altec Industries, Inc., $74,402; funding to be provided under City’s Master Lease Purchase Agreement (GS) Double Detector Check Valve Assemblies, U.S. Filter Distribution of Tampa, 08/22/97 -08/14/98, estimated $61,525 (PS) 5 laser printers & 13 bubblejet printers & software for Parks & Recreation remote sites, BCD Computer Distributors, Inc., $16,683.18 (PR) In response to a question regarding the video editing equipment, Deputy City Manager Kathy Rice said editing equipment currently is located in City Hall. C-View TV staff needs the ability to edit more than one program at a time. The new equipment will be installed in the studios at the Municipal Services Building. EN ENGINEERING C.O.#1 to 1997 Street Resurfacing Contract with Golden Triangle Asphalt Paving Company, Inc., adjusting completion date to 11/21/97 for total time extension of 114 days The 1997 Street Resurfacing Contract with Golden Triangle Asphalt Paving Company has expired. By coordinating resurfacing with other work, contract funds remain available. This Change Order would add 114 days to the original 180 days, extending the expiration to November 21, 1997. The contract amount of $1,091,143 will not change. Work to be accomplished during the time extension: 1) resurfacing Pier 60 and Memorial Civic Center parking lots during the off season; 2) resurfacing City Hall’s employee lot after the Public Works Department completes curb modifications; 3) resurface additional streets; and 4) repair Morton Plant Hospital and Town Place apartments private parking lots which were damaged by broken water mains in City easements. Other provisions of the Change Order adjust completed contract items to quantities actually used. In response to a question, Engineering Director Rich Baier said the proposed resurfacing projects originally were programmed for FY (fiscal year) 1997/98. He expected some resurfacing projects planned for FY 1998/99 will be accomplished the previous year. In response to a question, he said damage to City water mains beneath the private lots was caused by natural disintegration. In response to a question, Mr. Baier said the FDOT (Florida Department of Transportation) Gulf-to-Bay Boulevard (SR 60) project will begin in October 1997. The Pier 60 parking lot resurfacing project will begin in September 1997, and will be completed within two weeks. A report on the Pier 60 project will be distributed to the Commission. Ratify/Confirm C.O.#2 for reconstruction of Highland Avenue, from North of Gulf to Bay Blvd. to North of Sunset Point Rd., Overstreet Paving Company, increasing amount by $399,153.65 for new total of $4,797,788.11, and approve time extension of 161 days On June 20, 1996, a Commission approved contract was awarded to widen Highland Avenue from North of Gulf-to-Bay Boulevard to Sunset Point Road for a contract price of $4,281,069.56. Change Order #1 executed March 13, 1997, increased the total contract by $117,564.90. Another change order is necessary to advance the construction process and for necessary additional work in the future. Proposed Change Order work includes: 1) Roadway/Storm Sewer Items: a) in response to public request, cul-de-sac Bonair Street at Highland Avenue and reconfigure Flagler Avenue to one-way northbound; b) install gravity walls at rights-of-way where lawns are more than 1 foot higher than the sidewalk. Homeowners could choose a retaining wall at the right-of-way line or a slope; c) several storm structures needed due to conflicts with existing utilities and to improve drainage system performance; and d) at property owner request, St. Augustine sod needed to match existing lawns. Sprinkler systems damaged by roadway construction need repair or reconfiguration; 2) Signalization; a) temporary signal poles needed for stage construction of new traffic signals at Cleveland Street, Palmetto Street, and Greenlea Drive and b) directional boring of 2-inch and 4-inch conduit for interconnect cable to prevent open cut of asphalt surface and traffic backups or where trenching will expose the asphalt surface; 3) Utility - replace section of vitrified clay sanitary sewer with PVC pipe from Cleveland to Park Street; and 4) All Pay Item Categories; a) telephone utility delays - total cost of $108,000 attributable to delays and increased MOT (Maintenance of Traffic) for relocation of GTE facilities. Most of this amount was unavoidable due to project constraints already outlined to the Commission. GTE has indicated a willingness to reimburse the City approximately $40,000 for MOT costs used solely for its benefit; b) HDR Field Inspection Costs - HDR has been diligent in managing this project and has offered a $20,000 rebate credit to offset a portion of the increased cost of CEI due to the extended project duration; and c) costs related to delays in obtaining necessary CSX Transportation railroad permits which did not arrive until April 1997, approximately one year after application. Mr. Baier reviewed the project. He said the cost of replacing many of the pipes had not been budgeted. He estimated half of the additional costs are related to citizen accommodation. In response to a question, Mr. Baier said staff had distributed flyers to Highland Avenue businesses in the construction zone regarding special signage allowances during the project. The City Manager said staff will contact affected business owners regarding this available signage bonus. In response to a question, Mr. Baier stated the Change Order covers all projected project costs except for the CEI (Construction Engineering & Inspection). Project completion is scheduled for late April 1998. CP CENTRAL PERMITTING (Cont’d from 07/17/97) Variance(s) to Sign Regulations for property located at 26417 US 19N, Sec. 30-28-16, M&B 43.12 (Olde Property Corp., SV97-07) On July 17, 1997, this variance was continued so the applicant could modify the request. The applicant, Countryside Village Square shopping center, originally requested a second freestanding sign for the property. The sign was proposed to be 452.5 square-feet and 32.5-feet high with a 5-foot setback. The modified request is for a second freestanding sign that is 29 feet tall, 304 square-feet large, and set back 5-feet. This property on the East side of US 19N, South of Countryside Boulevard, is zoned Commercial Center. Olde Discount Stockbrokers occupies a building in the shopping center. A driveway on the property’s South side provides access to the Olde property and shopping center. Two signs currently are adjacent to the driveway: 1) an Olde sign on the driveway’s North side and 2) a Countryside Village Square sign on the South side. The shopping center proposes to replace the existing sign with a larger one. The current sign is too tall and large to comply with current sign regulations and should have been brought into compliance by October 1992. In response to a question, Central Permitting Director Scott Shuford said staff recommended approval and felt the variance had been modified sufficiently. Concern was expressed the approval of a large number of variances will dilute the sign ordinance. It was questioned why the business requires another sign. Mr. Shuford said the proposed sign is located at a major drive into the shopping center. The City Manager stated the US 19N corridor needs careful review due to plans for additional overpasses. Concerns were expressed regarding intrusive signage on enclave properties along the highway. The City Manager said under similar circumstances in the North Miami Beach area, the more restrictive sign law is enforced. He will discuss this issue with the County. In response to a question, Mr. Shuford said this request is to replace an existing sign, which is out of compliance with the sign ordinance, with a larger sign. He will clarify if the business has another sign on the property. (Cont’d from 07/17/97) Variance(s) to Sign Regulations for property (Countryside Square Shopping Center) located at 2555 Countryside Blvd., Countryside Village Square, Lots 5, 7 & 8 (HRE Properties, SV97-08) Upon request of the applicant, Countryside Village Square Shopping Center, this variance request was continued from July 17, 1997. This property, bounded by US 19N, Countryside Boulevard, and Village Drive, is zoned Commercial Center. The applicant is requesting a variance of 1 freestanding sign to allow a second freestanding sign with an area of 18.8-square feet, a height of 17-feet, and a minimum setback of 65 feet from the Village Drive right-of-way, where a maximum of 1 freestanding sign is permitted. The variance is requested for Tuesday Morning which has 2 freestanding signs: 1) one on the business’ East side and 2) one on the business’ West side. The variance is requested to allow the existing signs to remain. It was noted this variance requests maintaining current signage which violates the sign code. Mr. Shuford said the request is phrased in an unusual manner as Tuesday Morning does not abut the parking lot but is reached via two passageways. The signs are above the passageway entrances. Variance(s) to Sign Regulations for property located in the median of Park Place Blvd., at intersection of Gulf to Bay Blvd., south end of Park Place Blvd. r-o-w (The Grand Reserve at Park Place Limited Partnership, SV97-10) This property, on the North side of Gulf-to-Bay Boulevard and East of US 19N, is zoned General Commercial. The applicant is requesting a variance to allow a 2nd freestanding sign in Park Place Boulevard’s median. The proposed sign will be 6-feet high and 19.5 -square feet. It will be placed on the North side of the existing sign. The proposed sign will identify the Grand Reserve apartments, approximately 1/5 mile North on Park Place Boulevard. The City Manager requested improved graphics on future maps. In response to a question, Mr. Shuford said the sign is to be located in a public right-of-way but is permitted by the DRI (Development of Regional Impact). First Reading Ord. #6176-97 - revising Sec. 28.04 and Appendix A, Schedule of Fees, Rates and Charges, XXVIII, Occupational License Fees, to allow the sale of ice cream from trucks on residential streets Staff received a request to allow the sale of ice cream from trucks on residential streets. Currently, the Code of Ordinances prohibits any sale of merchandise or products on any City street. This proposed use will require a background check, Police Department approval, and a Pinellas County Health Department permit. The request requires changes to two areas of the code: 1) Section 28.04. Trading and selling on streets. (Change language to allow ice cream to be sold from trucks on residential streets.) and 2) Appendix A, Schedule of fees, rates and charges, XXVIII, Occupational License Fees. (Add new “Ice Cream Truck Merchant” category with “Note B,” Police Background Check requirement, and “Note D,” Pinellas County Health Department Permit requirement.) In response to a question, Mr. Shuford said based on current code, staff denied a license request to operate an ice cream truck on City streets. Concern was expressed ordinance language not permit hot dog stands in parking lots. Mr. Shuford said ice cream trucks will be limited to residential streets. In response to a question, he indicated City Code allows delicatessen trucks to service construction sites. Concern was expressed ice cream trucks not be permitted to park on residential streets. In response to a question, the City Attorney said background checks will be required for all license applicants. It was felt background checks also should be required for employees who drive the ice cream trucks. Clearwater Beach Strategic Development Plan, authorize proceeding with planning process Creating a development plan for Clearwater beach has been discussed since 1991. Staff feels it is time to move forward. Scheduled capital projects, such as the new Memorial Causeway Bridge, Mandalay Avenue streetscaping, a new civic center, etc., require the preparation of a comprehensive plan. As competitors in the State, country, and world are improving their tourism products, the City needs an achievable plan that is supported by the community. Staff proposes for plan development to occur after public input is received and evaluated and for a consultant/City staff partnership to develop the Strategic Development Plan. Consultant team members are: 1) Ralph Stone, former Planning Director for St. Petersburg - Mr. Stone will serve as Project Manager for the Strategic Development Plan, handling media contract, providing editing services, and directing the coordination with any nearby traffic operations work; 2) Dr. James Moore, USF Professor with significant experience in public meeting facilitation and development issues - Dr. Moore will be responsible for facilitating meetings with the public and coordinating public comments into a design concept for the Strategic Development Plan. He also will examine the general economic feasibility and market liability of specific development strategies; and 3) Jason Westrope, USF Masters Thesis - Clearwater beach - Mr. Westrope will be responsible for creating the draft and final versions of the Strategic Development Plan, including graphics. He also will use his research skills to facilitate the project. Each consultant will have contracts with the City substantially less than the $25,000 maximum the City Manager can execute. Actual contract amounts are being negotiated. The total for all 3 contracts is not expected to exceed $50,000. Funding available in a special Capital Project account will cover the anticipated expenses of this planning process. Due to the nature of this project and anticipated public participation, staff requests the Commission be aware and authorize the program as presented. Work will begin immediately upon Commission authorization. The City Manager said the proposed process will rely on significant public input. Artificial deadlines will not be set and additional time may be requested as needed. Mr. Shuford said funds are available for the planning process. Input during the planning process will determine which tools are best to fund construction, infrastructure needs, etc. Issues to be considered include land assembly problems and the best uses of public property. He reviewed the proposed team of consultants, indicating they will be directed by a staff steering committee. The City Manager said the contract costs will not exceed $50,000. In response to a question, Mr. Shuford said the project differs from earlier studies. This plan will be driven by property owners and residents. A survey will be crafted to determine issues of interest and importance. Meetings will be scheduled with each beach civic group who can invite whomever they wish. The plan will provide many opportunities for public involvement. Design ideas, based on citizen input, will be integrated into a design charette. A meeting will be held to review it. The City Manager said it is important that input from the whole Clearwater community is considered. It was questioned how soon after the plan is completed will construction begin. Mr. Shuford said the projects chosen will determine the construction schedule. He said the City can do some groundwork on the proposed Harbor-walk project. The City Manager said it is important to complete some short term projects as soon as possible. He noted all beach projects are connected and relate to the waterfront, new Memorial Causeway bridge, and downtown bluff. It was felt it is important that this plan results in actual construction. The City Manager said the plan will make a difference on the beach. It was noted a strategic plan, addressing the whole beach, had never been devised. Earlier reports had limited focus on parts of the beach. He said this plan will be comprehensive and include realistic time frames designed to allow residents to see improvements. OTHER CITY ATTORNEY ITEMS Unfair Labor Practice Charge - Terence Kelly and Pinellas County Police Benevolent Association vs. City - authorization for assignment of defense to Thompson, Sizemore & Gonzalez Concern was expressed this action not open the City to charges of unfair labor practices. It was questioned if the PBA (Pinellas County Benevolent Association) is the exclusive bargaining agent for Police Officers. Deputy City Manager Kathy Rice indicated Terence Kelly is not a member of the PBA. He is a member of the FOP (Fraternal Order of Police). The City Attorney stated the City is acting defensively by hiring the law firm. In response to a question, Ms. Rice said the grievance was filed on time but was delayed due to complications related to union representation. In response to a question, the City Attorney said the Legal Department will continue its work on this case if the item is not approved. She indicated the Assistant City Attorney assigned to this case may be required to testify. Other Commission Action Commissioner Hooper said he was impressed with new Assistant City Manager Rick Hedrick’s style and expertise. Mayor Garvey distributed a photograph of a mural painted on an urban wall in San Diego. Commissioner Johnson said he attended the Grand Opening of the job skills training center at the Mount Carmel Church in North Greenwood. Commissioner Johnson said at MacDill Air Force Base he had attended the changing of the Commanding Officer who had expressed interest in the Fall’s Military Appreciation Day. Commissioner Johnson questioned how the Harborview Center sign could be altered to make it more beneficial. Assistant City Manager Bob Keller said he and the Harborview Center General Manager are reviewing options and should have the problem resolved soon. Commissioner Johnson referred to a Fire Department report and questioned if the level of false alarms is typical. Ms. Rice said staff will try to benchmark this data. Commissioner Johnson pointed out TRIM notices list each property’s overall assessment. He questioned if the County can provide separate values for the house and lot. The City Attorney reported these figures are available at the tax appraiser’s office. The City Manager said staff will research the issue and the impact of the proposed change. Commissioner Seel referred to a letter from Representative Bill Young and recommended supporting continued local law enforcement block grants. Adjourn The meeting adjourned at 10:46 a.m.