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03/29/2004CITY COUNCIL WORK SESSION CITY OF CLEARWATER March 29, 2004 Present: Brian J. Aungst Mayor Hoyt P. Hamilton Vice-Mayor William C. Jonson Councilmember Frank Hibbard Councilmember Carlen Petersen Councilmember Also present: William B. Horne II City Manager Garry Brumback Assistant City Manager Ralph Stone Assistant City Manager Pamela K. Akin City Attorney Mary K. (Sue) Diana Assistant City Clerk Patricia O. Sullivan Board Reporter The Mayor called the meeting to order at 9:00 a.m. at City Hall. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. Team Award The Team Award for March – April 2004 was presented to Public Communications Department members, Joelle Castelli, Diane FitzGerald, Betsy Clement, Dawn Lakin, and Heather Shell. LIB LIBRARY Approve an increase of $88,550 in the Master Lease Agreement with Dell, Inc., Round Rock, TX, in accordance with State Contract #250-040-99-1, increasing the contract total from $2,070,000 to $2,158,500 to allow the acquisition of 80 new desktop computers for the new Main Library. Dell, Inc. is the provider of the City's standard desktop, notebook, and server hardware. This increase to the lease will be funded by a transfer from the Main Library project budget to the Information Technology Department in the amount of $88,500 (3 years @ $29,500). Funding for each of the three annual lease payments of $29,500 will be charged directly to the Main Library construction project. Approval of this item will increase the annual lease cost to $719,500. In response to a question, Library Director John Szabo said staff is transferring funds for all three years of the master lease out of the Main Library capital project. The General Fund will not cover subsequent upgrades, which will be funded by the Library State aid allocation, which comes through the Pinellas Library Cooperative. In response to a concern, Information Technology Director Dan Mayer said prices are competitive. Budgeted figures of $900 - $1,000 per unit are conservative. While flat screen monitors increase unit costs by $200, their smaller size saves room and is easier for staff service technicians to lift. In response to a question regarding the useful life of computers, Mr. Mayer said this lease, which expires this year, was a buyback lease and included free shipping. The City realized up to 15% in savings because Dell will sell the units to third parties. He recommended a future lease include a buyout option at the end of three-years if technology trends continue. Staff had recommended the current lease to establish consistency among City computers so they all would work on the same operating system, saving time and money on security protections and staff training. Mr. Mayer said the public use of library computers is for applications other besides the Internet and require word processors to run Microsoft Office. About 100 computers are for employees only with the balance available for catalog inquiries and public access. It was indicated the lease process results in significantly lower support costs. Mr. Mayer expected further decreases in the cost of computers although software vendors drive some costs. The Mayor requested the July 31, 2004, Tampa Bay Partnership meeting at the Harborview Center, be rescheduled to the new main library. PC PUBLIC COMMUNICATIONS Approve purchase of a RYOBI 3302HA 2-Color Printing Press with Console/Blanket Cleaner, Automatic Plate Loader and PURUP ESKOFOT 5080 Computer-to-Plate System in the amount of $117,000 from Shreve Press Service of Maitland, Florida, and authorize lease purchase financing under the current contract. Graphic Communications has two AB Dick one-color printing presses for high-volume color jobs; one was purchased in March 1983, and the other in January 1988. The new two-color press will allow for more precise printing and will cut the time required for producing two-color print jobs by 50% or more. Graphic Communications has identified multi-color printing as a key area of loss for the City. In FY (Fiscal Year) 2003, the City spent at least $80,000 on outside vendors for printing two-, three- and four-color (process) print jobs. The new press will allow these jobs to be produced in-house at substantial savings to City departments. This press will replace the 20 year-old AB Dick one-color press purchased in 1983. The only other qualified bid was received from AB Dick for $113,783. While the purchase price was $4,117 lower, the price for service calls was substantially higher, at $153 per hour, plus a $45 "trip charge." Shreve Press provides service calls at a rate of $90 per hour with no "trip charge." Based on this difference, Public Communications recommends purchasing from Shreve Press Service. The total anticipated cost, including interest, is $128,040. In response to a question, Public Communications & Marketing Director Doug Matthews said printing in color is more effective at catching people’s attention. The 4-color printer provides more options for printing Gas System and Solid Waste materials. A comment was made replacing the 20-year old machine will save money. Mr. Matthews estimated keeping the old machine running costs approximately $2,000 annually. He said the City probably could sell it for approximately $2,000. He said the printing process has not changed significantly in the past century but efficiencies have improved. He said he had no interest in digital technology as it is continually changing. In response to a question regard plate making, Mr. Matthews said in order to print computer images are transferred onto the plate maker, which is a vital component of the press. PW PUBLIC WORKS Award a contract for the Bayshore Blvd. and S.R. 60 Intersection Improvement (99-0044-EN) to Kamminga & Roodvoets, Inc. of Tampa, Florida for the sum of $342,651.98, which is the lowest responsible bid, received in accordance with the plans and specifications. The work proposed in this contract includes the construction of a separate right-turn lane, approximately 450 feet, which will free flow onto S.R. 60. The work also includes a 400-foot left-turn lane that will access S.R. 60 through the existing traffic signal. In addition, a new road base and new asphalt will be installed for a distance of 450 feet from S.R. 60 to tie into the recent resurfacing on Bayshore Boulevard. In addition, a new 6-foot sidewalk will be installed along S.R. 60 and a 5-foot sidewalk will be installed along the west side of Bayshore Blvd. This project will commence after award of bid and execution of contract and will be completed within 150 calendar days. Concern was expressed extension of the right-turn lane off the Memorial Causeway onto Island Estates will require the removal of trees. City Engineer Mike Quillen said the project has not yet been designed. There were concerns regarding the mangroves. Public Works Administrator Mahshid Arasteh said some trees will be removed and the City is looking to replace some palm trees. PLD PLANNING Public Hearing & First Reading Ordinances #7252-04, #7281-04 & #7282-04 - Approve the Petition for Annexation, Land Use Plan Amendment as Residential Suburban and Zoning Atlas Amendment as Low Density Residential (LDR) for property located at the Southerly most section of First Street East, approximately 100 feet South of Second Avenue North and 600 feet East of Chautauqua Avenue, consisting of 0.22 acre of road right-of-way in a portion of First Street East (60-foot right-of-way), which is unaddressed. ANX2003-12033 (City of Clearwater) The subject site is the southerly most portion of the First Street East right-of-way, approximately 100 feet south of Second Avenue North and 600 feet east of Chautauqua Avenue. This annexation is being processed to bring this unimproved right-of-way into the City boundaries. The developer of property surrounding this portion of unimproved First Street East (commonly known as the Dimmitt property) requests this street’s vacation to incorporate the property into a proposed 46-lot subdivision (FLS2003-10054/PLT2003-00013). The right-of-way is contiguous with existing City boundaries to the south, east and west; therefore, the proposed annexation is consistent with Florida Statutes with regard to voluntary annexation. The subject site is approximately 0.22-acre in area and only provides access to the north side of the Dimmitt property. It is proposed that the property have a Future Land Use Plan designation of Residential Suburban (RS) and a zoning category of LDR, Low Density Residential. The Planning Department determined that the proposed annexation is consistent with the following standards specified in the Community Development Code: 1) The proposed annexation will not have an adverse impact on public facilities and their level of service; 2) The proposed annexation is consistent with the City's Comprehensive Plan, the Countywide Plan and the Community Development Code; and 3) The proposed annexation is contiguous to existing municipal boundaries, represents a logical extension of the boundaries, and does not create an enclave. This annexation has been reviewed by the Pinellas Planning Council (PPC) and Pinellas County staffs according to the provisions of Pinellas County Ordinance No. 00-63, Section 7(1-3), and no objections have been raised. The Community Development Board reviewed this proposed annexation on March 16, 2004 and unanimously recommended approval. In response to a question, Long Range Planning Manager Gina Clayton believed this request would retain the same land use designation. She said the City is responsible for subdivision streets unless they are platted as private. ORLS OFFICIAL RECORDS/LEGISLATIVE SERVICES Appointment of Vice-Mayor. Councilmembers Jonson and Hibbard expressed interest in the position. Discussion ensued regarding Councilmember appointments to Regional Boards. Councilmember Hibbard wished to continue representing the City Council on the MPO (Metropolitan Planning Organization) and offered to relinquish his seat on the TBRPC (Tampa Bay Regional Planning Council). Regional Board assignments will be made at the second meeting in April. City Attorney LEGAL DEPARTMENT Approve filing a complaint for a permanent injunction against Mary Sochocki d/b/a Royal Palm Motel. The Royal Palm Motel, owned by Mary Sochocki, is located at 1250 Cleveland Street. According to Clearwater Police Department reports, there has been an ongoing pattern of drug dealing and use at the Royal Palm Motel since at least 1999. A sample of case reports filed by the Department: 1) 7 incidents between June – November 1999; 2) 4 incidents between January – March 2000; 3) 15 incidents between July – December 2002; and 4) 17 incidents between March – November 2003. On March 30, 2000, Police Chief Sid Klein sent a letter to Mary Sochocki that referenced the ongoing drug activities taking place at the Royal Palm Motel during 1999-2000 and offered police assistance to mitigate the illegal crime activity on the property. Chief Klein informed Ms. Sochocki that such use of the property could subject her to Nuisance Abatement proceedings. On March 18, 2003, Chief Klein sent a follow-up letter to Mary Sochocki that referenced the ongoing drug activities continuing to take place during 2002 at the Royal Palm Motel. Chief Klein offered police assistance to mitigate the illegal crime activity on the property and informed Ms. Sochocki that such use of the property could subject her to Nuisance Abatement proceedings. The drug activity, however, has continued. The above activities constitute a public nuisance in accordance with Section 823.10, Florida Statutes, because any building which is visited by persons for the purpose of unlawfully using any substance that is controlled under Chapter 893, Florida Statutes or which is used for the illegal keeping, selling, or delivering of the same, is deemed to be a public nuisance subject to abatement under Section 60.05, Florida Statutes. The City has no remedy other than to pursue a permanent injunction against Mary Sochocki, enjoining her and any others involved with the operation of the business from maintaining a public nuisance at the Royal Palm Motel. Discussion ensued in regard to the City taking positive steps to upgrade the area and it was recommended a zero tolerance drug policy be enforced. Assistant City Manager Garry Brumback said Code Enforcement, the Police Department, and Legal Department have exhausted all means to address this issue. In response to a question, Assistant City Attorney Rob Surette said the property is surrounded by a chain link fence and attracts the criminal element. While the owner has tried to address some on-site problems, her efforts have failed. In response to a suggestion, Mr. Surette said either the owner may now have an incentive to sell the property or the first mortgage owner might foreclose on the property and sell it if payments stop. Staff will request the judge close the property in the least disruptive manner. In response to a suggestion that the property owner could be responsible for peripheral neighborhood problems, Assistant City Attorney Surette reported the property owner has few resources. In response to a question, the City Attorney reported the judge will decide if shutting down the property is the proper remedy. Mr. Surette said if the judge determines property operations can continue, required upgrades would have to meet business benchmarks, such as improved lighting. Investigating and policing onsite problems have been expensive and time consuming. Police Chief Sid Klein referred to the property as a “drug hole.” City Manager Verbal Reports The City Manager referenced e-mails regarding police enforcement activities at the public beach and the area near Shephards. The City Manager reported the City had been approached to plant a tree and install a plaque in a public park to honor volunteers of an organization. The City does not have a policy regarding the establishment of memorials in City parks. Staff will come back with a formal policy to establish memorials and assign maintenance responsibilities. The City Manager reported staff has began to enforce parking regulations on Clearwater Beach. Business owners are concerned about the impact of enforcement and complaints are surfacing. There is no legal basis to provide preferential treatment, as is being requested for parking outside a medical clinic. He had suggested the installation of one-hour meters but the business expressed concern that beach goers will use the spaces. A closed bargaining session regarding union negotiations was announced and is scheduled following the April 1, 2004, meeting. In response to a question, Mr. Quillen said bids for the new traffic signal on the Courtney Campbell Causeway were much higher than anticipated by FDOT (Florida Department of Transportation). FDOT is pursuing additional funding for the project. He hoped construction would begin by May 2004. Commission Discussion Items Charter Review Survey and Future Referendum. The City Manager requested Council feedback regarding the proposed survey. Discussion ensued regarding the timing of the next referendum, and it was felt November is too soon but June, 2005 may be feasible. A recommendation was made the referendum be delayed until after the new bridge opens. Public Communication Director Doug Matthews questioned who should be surveyed and it was recommended the survey include voters from the last four elections. It was recommended the survey contain a geographic mix and include open-ended questions to identify specifics and identify specific prohibitions related to bayfront development. It was felt some issues should be decoupled and Coachman Park should not be expanded without first addressing parking. The location and size of relocated parking should be clearly identified. It was felt the bayfront is not the place for a passive park. Discussion ensued in regard to the Downtown marina concept and amphitheater and it was felt the marina had significant support but the amphitheater concept was not clear. In response to a question, Mr. Matthews said staff has sent a copy of the proposed survey to Pinellas County Economic Development but has not yet received feedback. It was noted people have indicated they opposed the referendum due to competition for library parking spaces, competition with Ruth Eckerd Hall concerts, and a dislike of Downtown concerts and the resulting traffic. Mr. Matthews said once survey questions are finalized, the analysis could be completed by June. The City Manager said the survey will include at least 1,000 voters. Staff will report when the analysis is complete. He said the City will work with developers along Osceola Avenue to add parking to those projects. He said if Coachman Park is to be redeveloped, a solution to replace parking must be found. Other Commission Action Councilmember Hibbard invited residents to attend the First Night in the Stacks at the new Main Library on April 3, 2004. Councilmember Jonson said while in Washington D.C. last weekend, he had observed a great turnaround at the Barrett Road’s MainStreet project, that featured wide sidewalks which allow outside eating establishments to flourish. He looked forward to changes in Downtown Clearwater. He appreciated the opportunity to ride with Police Officers in the North Greenwood neighborhood. Councilmember Jonson and Mayor Aungst offered their sympathy to Lois Cormier on the loss of her husband. Adjourn The meeting adjourned at 10:44 a.m.