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05/18/1998CITY COMMISSION WORK SESSION CITY OF CLEARWATER May 18, 1998 Present: Rita Garvey Mayor/Commissioner Ed Hooper Vice-Mayor/Commissioner J. B. Johnson Commissioner Robert Clark Commissioner Karen Seel Commissioner Michael J. Roberto City Manager Bob Keller Assistant City Manager (arrived 10:50 a.m.) Richard L. Hedrick Assistant City Manager (arrived 10:50 a.m.) Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Brenda Moses Board Reporter The meeting was called to order at 9:00 a.m. at City Hall. Seven service awards were presented to City employees. The Commission recessed from 9:08 to 10:18 a.m. for a closed attorney/client session. PRESENTATIONS Robert Stern - Library Design Architect The City has received 6 RFQs (Request for Qualifications) from 6 architects, which were short-listed 3 firms, based upon library design experience, team resumes, and responsiveness to the RFQ. The 3 teams gave presentations to the City selection team and representatives of the Library Board, Library Foundation, and Library Friends. Final selection criteria included architectural style, functionality, site selection, budgetary considerations, style, flexibility, and community/staff involvement. Robert A. M. Stern is an internationally recognized design architect, best known in this area as the master planner of Celebration, Disney’s new city near Orlando, and many other notable projects. He hosted the PBS architectural series called “Pride of Place” and has authored many architectural books and articles. Mr. Stern is professor of architecture at Columbia Universityand was referred to as “New York’s most prolific practitioner” by New York magazine. He also serves on Disney’s Board of Directors and frequently comes to Florida. He will be working with Jonathan Tope, principal in the local architectural firm of Harvard Jolly Clees Toppe. Harvard Jolly is Tampa Bay’s oldest and largest architectural firm, established in 1938, and is among the 5 largest in Florida. They have served as architects for many area public libraries, including Orlando, Dunedin, Gulfport, Seminole, St. Petersburg Mirror Lake, Tampa Regional, Plant City, Temple Terrace, and the USF-Sarasota Campus Library. Other members of the construction team are Northside Engineering Services, Clearwater (civil engineers), McCarty and Associates, Clearwater (structural engineers), Tilden Lobnitz Cooper, Tampa (mechanical and electrical engineers), Fisher Marantz Renfro Stone, New York (lighting design), and Shen Milsom & Willke, New York (telecommunications, audio-visual, and acoustical consulting). The selection team consisted of Rick Hedrick, Arlita Hallam, Margie Simmons, Rich Baier, George McKibben, Library Board (one vote from Christine Morris, Tom Leavy, Estelle Dunn), Library Friends (one vote from Judy Melges), and Library Foundation (one vote from Judith Moroff, Tony Bacon, and Julie Lewis). Jonathan Toppe, Harvard Jolly Clees Toppe, introduced the design team for the project and gave examples of his architectural work. He said readership has improved when architectural improvements were made, or new library buildings constructed, on library buildings he has designed. Robert A. M. Stern, Design Architect, presented examples of his work. LIB LIBRARY Approve ranking of 1) Harvard Jolly Clees Toppe Architects; 2) Paul A. Gowan Architects; & 3) Gee & Jenson Architects and authorize negotiation of an agreement for architectural design services & site selection assistance for the new Clearwater Main Library (Consent) In response to questions, Mr. Toppe said the firms listed on the presentation sheet are consultants that will work with his firm regarding the design. They are not contractors. The library costs per square foot reflects cost of construction only. In response to a question, the City Manager said the City’s first priority is selection of a site for the library. Once that has been determined, and Penny for Pinellas projects prioritized, fees and construction costs will be determined for each phase of the construction process. Concern was expressed regarding a pre-determined budget for the overall project. PUR PURCHASING Declare five Pitney Bowes items surplus to City needs; authorize disposal through sale to highest bidder Regarding the Pitney Bowes surplus items, Purchasing Manager George McKibben said Information Management has determined that the service should be outsourced and the equipment is no longer needed. FD FIRE Contractual Services Agreement with Pinellas County to assist in development of a “Local Mitigation Strategy” (Consent) As part of a Statewide Mitigation Strategy Project Pinellas County (contractor) is entering into contractual agreements with 24 Pinellas County entities (subcontractor). This will coordinate the formulation of an Emergency Management workgroup for Pinellas County in order to achieve a single, unified Local Mitigation Strategy. This Local Mitigation Strategy and the identification and prioritization of Hazard Mitigation Grant Program projects will ultimately become part of a Statewide Hazard Mitigation Strategy. In return for the City’s participation in the workgroup, the County agrees to award the City a $50,000 grant divided over 4 contract periods. Payment is dependent upon completion of activities identified in the scope of work within each established time frame: 1) first contract period - deliverables due by May 22, 1998; $10,000; 2) second contract period - deliverables due by September 15, 1998 - $10,000; 3) third contract period - deliverables due by March 15, 1999 - $20,000; and 4) fourth contract period - deliverables due by July 1, 1999 - $10,000. The fourth contract period will require the City to agree, by resolution, to the final Local Mitigation Strategy as a compiled document to be submitted to the Board of County Commissioners for formal adoption. The agreement is to comment upon execution by both parties and shall end August 31, 1999. In response to questions, Fire Chief Rowland Herald said this will not be an unfunded mandate. The purpose is to develop a prioritization and strategy to address disaster prone areas, identify hazards and vulnerabilities that may exist in Pinellas County. An example given was an area that may be prone to flooding or wind damage. FN FINANCE Agreement with First Union Capital Markets to serve as City’s financial advisor for a 3 year period (Consent) As a result of a RFP (Request for Proposal) process, First Union Capital Markets was selected as the firm whose proposal is most responsive and is in the best interests of the City. This agreement is for a period of 3 years, with the option for up to 2 one-year extensions. The Financial Advisory assists the City with various financial issues including the issuance of bonds and other financial matters requiring additional expertise or resources. Fees for bond issues are based upon the amount of bonds issued. The fee for a $10 million issue would be $25,000. A $25 million issue would generate a fee of $30,000. The costs incurred due to bond issuance is paid from the bond proceeds. Costs incurred unrelated to bond issuance will be charged to an appropriate expense code. The City has been working with First Union Capital Markets since July 23, 1997, and has been very satisfied with the services provided. In response to a question, Finance Director Margie Simmons said this item went out to bid again. The consultant the City was working with has terminated his employment with Raymond James. First Reading Ord. #6288-98 - relating to telecommunication services and taxation; amending Secs. 29.72, 29.73, 29.74, and 29.76, and adding new Sec. 29.77, to bring City code into compliance with state statutes Florida Statutes 166, Municipal Public Service Tax was recently amended. These amendments require changes to Article III Public Service Tax section of the Clearwater Code of Ordinance. Major changes to the City’s ordinance include: 1) change tax due date from the 15th of the month to the 20th of the month; 2) add Section 29.77 Administrative provisions; rights and remedies; 3) provides for penalties to be assessed for late payment and nonpayment of taxes due; 4) defines retention periods for records kept by businesses which establish the collection and remittance of taxes due; and 5) requires the City to make available a database for all addresses in the City’s jurisdiction. This database will be available to all providers. The database will also be maintained and available from the City’s home page on the Internet. In response to questions, Cash and Investment Manager Steve Moskum said the City tracks business tax payments via a computer database and spreadsheet. The Internal Audit Department audits this activity. GS GENERAL SERVICES Purchase of one 1998 Ford Taurus (replacement), Don Reid Ford, $16,045 (Consent) Unit G1365 was destroyed in an accident in March 1998. A replacement vehicle is available on a State contract from Don Reid Ford of Maitland Florida. Funding in the amount of $9,125 in insurance proceeds have been realized in the Garage Fund. Mid-year budget adjustments to the Garage Fund will recognize these revenues and the offsetting operating transfer of $9,125 to Capital Project 315-94222-564100-590-000, Motorized Equipment-Cash, to offset the cost of the replacement vehicle. The balance of $6,920 is available in Capital Project 315-94222-564100-590-000 for this purchase. In response to a question, the City Attorney said the City is self-insured and employees are not required to pay costs associated with accidents. PR PARKS AND RECREATION Amendment to Agreement with School Board of Pinellas County, authorizing City to donate $40,000 to assist in construction of restroom facilities at Countryside High School (Consent) The current Agreement began September 1, 1990, and allows City programs, primarily Countryside Little League and Countryside Youth Soccer Association use of Countryside High School athletic facilities, and allows the City to assist in making improvements to the facilities. The amendment will provide $40,000 of City funds to assist the School in construction of a permanent restroom facility that will be used for City and School programs. The School will coordinate the construction project, providing ongoing cleaning and maintenance, and pay all utility costs. Various Countryside High School clubs, neighborhood service clubs, and individuals are collectively donating an additional $40,000 of in-kind services and funds to complete this project. It was requested the verbiage regarding this item be changed from “donate” to “contribute”. In response to a question, Assistant Parks and Recreation Director Art Kader said the City has done similar projects, such as installation of the Countryside baseball fields. The City is allowing the School Board and other organizations to build and maintain various facilities, and pay for ongoing cleaning, maintenance, and utility costs that the City will not have to pay. Concern was expressed that the City should not be assisting the School Board. It was explained the City gets a lot of use from this joint usage facility. In response to a question, Mr. Kader said there is a substantial number of nonresidents paying for use of the baseball fields. He will supply specifics to the Commission. PW PUBLIC WORKS Public Hearing & First Reading Ord. #6259-98 - Vacating 5’ utility easement lying along south side of Lot 9, Blk 27, Mandalay Sub., and City’s request to vacate remaining 5’ utility easement along south side of Blk 27 (Cronin, V98-04) The applicant is requesting to vacate the 5-foot Utility Easement lying along the south side of Lot 9, Block 27, Mandalay Subdivision and addressed as 30 Acacia Street. There is an existing 2-story building constructed in 1956 that encroaches into the easement. City review procedures currently prohibit this from occurring. The City has no existing utilities located within the easement. Florida Power, GTE, GTE Media Ventures, and Time Warner Cable have no objections to vacating the easement. Public Works Administration has no objection to this vacation request and is requesting the entire easement be vacated due to encroachments within the easement and to eliminate any possible future vacation requests for this area. In response to a question, the City Manager said such requests become necessary when it involves the sale or exchange of property. Contract for 1998 Street Resurfacing to Couch Construction, L.P., $1,273,493.42 The City’s annual street resurfacing program is designed to restore the roadway wearing surface, provide a protective coating, and maintain the structural integrity of the road substructure throughout the City street system. The work consists of utility adjustments, asphalt milling, asphalt patching, miscellaneous curb, and street and drainage work. The streets scheduled for resurfacing in this contract have all been determined to warrant their inclusion by virtue of an inspection and prioritization process performed by Public Works staff. The number and length of streets involved in any resurfacing contract is limited by the amount of the annual funds to be expended at any given time. The Parks Department has included Cliff Stephens Park, and the Solid Waste Department has included the Transfer Station Staging area as part of this contract. A pre-construction conference will be held immediately following the execution of contract documents. The contract time schedule will begin sometime during the month of June 1998. The contract period is for 180 calendar days. Public Works Administrator Rich Baier will confirm current fiscal year costs. In response to a question, he said costs are slightly higher this year due to the inclusion of open-cut streets at the beach, Island Estates, North Greenwood, and in downtown. CP CENTRAL PERMITTING Variance(s) to Sign Regulations for property (Gateway 2000 Country Store) located at 26034 US19N, Darryl’s Sub., unplatted Lot 1 less road (Danielson, Ltd, SV98-09) Conditions do not support approval of the requested variances: 1) the variances are extensive and are more than 11 times the code allowance; ratio variances are more than 8 times code allowance; 2) the City does not object to the use of symbols, trademarks, or graphics to identify businesses. The use of such markings, however, should be incorporated into, and made a part of, the allowable sign area; and 3) approval of these variances will detract from the appearance of this major roadway intersection. Five (5) variances are requested to allow the building on this property to remain painted with a pattern consisting of black and white spots: 1) a variance of 1,348.5 square feet of attached sign area to allow 1,479 square feet where a maximum area of 130.5 square feet is permitted for the Enterprise Road frontage; 2) a variance of 2,600.5 square feet of attached sign area to allow 2,731 square feet where a maximum are of 130.5 square feet is permitted for the US 19 frontage; 3) a sign area ratio variance of 15.5 square feet per foot of building width to allow a sign area ratio of 17 square feet per foot of width for the north wall; 4) a sign area ratio variance of 11.8 square feet per foot of building width to allow a sign area ratio of 13.3 square feet per foot of width for the east wall, and 5) a sign area ratio variance of 15.5 square feet per foot of building width to allow a sign area ratio of 17 square feet per foot of width for the south wall. Senior Planner John Richter said the applicant is requesting a continuance. In response to a question, the City Attorney said the City maintains a good position to avoid litigation regarding sign variance requests. Concern was expressed regarding requesting a business to change their trademark colors. The City Manager noted there is a point of distinction between architectural design versus a sign. In response to a question, the City Attorney said the three dimensional cattle statues at 18409 US 19 were moved and are no longer visible from the street. The Commission recessed from 11:00 to 11:14 a.m. to meet as the Community Redevelopment Agency. Public Hearing & First Reading Ords. #6273-98 & #6274-98 - Land Use Plan Amendment to Resort Facility High & CPD Zoning for property located at 1941 Edgewater Dr., Sunnydale Sub., Lots 39-41 (Raman Bhula, LUP97-06, Z97-06) The applicants are planning to redevelop this 1.25 acre property with a new 50 unit Comfort Inn Hotel. According to the applicant, a minimum of 50 units is required by the franchise agreement of the Comfort Inn Hotel chain. There is an existing 20 unit motel and caretaker’s residence. The motel portion of the property is currently zoned CR24 and the residence is zoned RS8. The current zoning permits a motel/hotel at a density of 35 units per acre. the planned development (CPD) zoning will permit the 50 unit motel at a density of 40 units per acre. The single family residence on the east side of the site will remain as the caretaker’s residence. The assessed value of the property is $625,900. Senior Planner Sandy Glatthorn will confirm the maximum allowable height. In response to a question, the City Attorney said although the Planning & Zoning Board approved this zoning request approximately 9 months ago, extenuating circumstances prevented the matter from being presented to the Commission. Receipt/Referral - LDCA re transit shelters and transit shelter signs (Consent) The City negotiated a settlement with Eller Media which provided that the City will consider and adopt an ordinance relating to transit shelters and transit shelter signs. The ordinance provides the following: 1) requires that shelters be spaced 1,000 feet apart from other shelters located on the same side of the street; 2) allows shelters in commercial, office or industrial zoning districts or on PSTA routes adjacent to hospitals, schools, or other permitted nonresidential uses in multifamily residential zoning districts; and 3) allows back-lit signs on the “downstream” end wall of the shelter, and limits the area of the sign to 24 square feet. In response to a question, the City Attorney said unless the Commission specifically directs staff to insert a required limitation on transit shelters, no changes will be made. It was noted this ordinance only addresses transit shelters with advertising. Discussion ensued regarding incorporating a limitation of the number of allowable transit shelters with and without advertising. A report will be supplied to the Commission regarding the number of shelters and specific shelter locations. Receipt/Referral - LDCA to allow FDOT to sign applications for variances, conditional uses, and site plan reviews associated with Eminent Domain Takings of land for road improvements (Consent) The FDOT (Florida Department of Transportation) is requesting a revision to the LDC (Land Development Code) to allow the FDOT to sign for applications for any variances, conditional uses, and site plan reviews associated with takings of land for road improvements. This will allow the FDOT to proceed smoothly and quickly at this time with the necessary takings of land for roadway improvements along US Highway 19. Staff has prepared an ordinance for review by the City Commission. Staff recommends that the ordinance go forward prior to the adoption of a new LDC due to the urgency of this request by FDOT. Discussion ensued regarding the City’s authority to approve or disapprove variances. This ordinance will give the FDOT the authority to sign variance applications without the property owner’s approval. CLK CITY CLERK Design Review Board - 2 appointments The City Manager requested these appointments be continued to the next meeting. Planning and Zoning Board - 1 appointment The City Manager requested these appointments be continued to the next meeting. OTHER CITY ATTORNEY ITEMS Discussion - skateboard ordinance The ordinance is designed to ensure that skateboarders, roller skaters, and in-line skaters conduct themselves responsibly. The ordinance is also designed to ensure that skateboarders, roller skaters and in-line skaters are excluded from areas that are incompatible with such activities. City Attorney Pam Akin said the ordinance will prohibit skateboarders, roller skaters, and in-line skaters on specified public or private property where posted. It is intended to address this activity on planters, steps, ramps, and other areas. In response to a question, she said the ordinance allows persons parking in public parking lots to skate from their parked vehicles to the sidewalk. It was remarked signage does not seem to address this issue. The City Attorney said posting properties will allow for enforcement of the ordinance. It was requested staff research St. Petersburg’s success of their skateboard ordinance. It was questioned if the City can allocate fines to a specific fund, rather than the General Fund. Discussion - solicitation in rights of way This item will be discussed at the next meeting. City Manager Verbal Reports The City Manager said the Pennies for Pinellas meeting had been postponed due to scheduling conflicts. A new date will be determined. Presentation(s) for Thursday Night (cont. from 5/7/98) proposed changes to FEMA rules The City Manager said the Commission will be updated on this issue at the Thursday meeting. Other Commission Action Commissioner Hooper said the NCAA Women’s Regional Softball Tournament he attended was well-run. Commissioner Johnson said the Tampa Bay Regional Planning Council is attempting to publish a directory of organizations. He requested the Commission complete a form listing any organizations with which they are affiliated that have more than 1 location. Commissioner Johnson thanked the Mayor for her letter requesting the Pension Bill be vetoed. Mayor Garvey questioned if outdoor hot dog stands are illegal in Clearwater. The City Attorney said that type of business must comply with local zoning laws. She said the County Health Department requires such businesses comply with regulations regarding food preparation. The Mayor requested more information on laws regulating such businesses. Adjourn The meeting adjourned at 11:41 a.m.