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10/17/1991 CITY COMMISSION MEETING October 17, 1991 The City Commission of the City of Clearwater met in regular session at City Hall, Thursday, October 17, 1991 at 6:00 p.m., with the following members present: Rita Garvey Mayor/Commissioner Sue Berfield Vice-Mayor/Commissioner Lee Regulski Commissioner William Nunamaker Commissioner Richard Fitzgerald Commissioner Also present: Michael J. Wright City Manager M.A. Galbraith, Jr. City Attorney William C. Baker Public Works Director James Polatty, Jr. Planning and Development Director Cynthia E. Goudeau City Clerk The Mayor called the meeting to order and led the Pledge of Allegiance. No minister was present to offer the invocation. In order to provide continuity for research, the items will be listed in agenda order although not necessarily discussed in that order. ITEM #3 - Service Pin Awards - None. ITEM #4 - Introductions and Awards. William Trullard, Public Works Department, was presented with the October 1991 Employee of the Month award. Charlie Brinson, Public Works Department was presented with the 1991 Employee of the Year award. The Mayor expressed a special "Thank You" to the long term employees of the City. She also thanked the staff for putting together the displays for the City Expo which she hopes will become an annual event. ITEM #5 - Presentations Fredric Buchholtz, Executive Director of Neighborly Senior Services, presented information regarding services available to elderly citizens of Clearwater. He presented a Certificate of Appreciation to the City for its support. The Dorothy Mullen National Arts and Humanities Award, recognizing the concerts in the Park as the most outstanding program in the State, was presented to the Parks and Recreation Department. ITEM #6 - Minutes of the Regular Meeting of October 3, 1991 and the Special Meeting of September 9, 1991 Commissioner Fitzgerald moved to approve the minutes of the regular meeting of October 3, 1991, and the special meeting of September 9, 1991, as recorded and submitted in written summation by the City Clerk to each Commissioner. The motion was duly seconded and carried unanimously. ITEM #7 - Citizens to be heard re items not on the Agenda. Anne Wilkins, Vice-President for Economic Development of the Chamber of Commerce, reported on new programs the Chamber is instituting to address education for students in grades K through 12. Anne Garris, member of the Environmental Advisory Committee, requested the Commission consider reinstating watering restrictions. The City Manager indicated the City's consulting engineers are doing a thorough review of the City's water rates and this will be brought forward along with changes in rates. Ed Mazur, representing the National Forget-Me-Not Association, complimented the City as being a leader in recognizing the POW/MIA issue. He expressed concerns regarding the POW flag no longer flying at City Hall or on the Memorial Causeway. He suggested the Clearwater flag could be replaced with the POW flag at City Hall and a variance could be requested to allow another flag on the causeway. The City Manager indicated the violation of the ordinance is in regard to the number of flags which are allowed to be flown. The City Commission directed staff to fly the POW flag on the causeway and at City Hall. It was indicated there would be times when it was more appropriate to fly the Clearwater flag at City Hall but the POW flag would be flown at other times. PUBLIC HEARINGS ITEM #8 - (Cont. from 10/3/91) Public Hearing - Vacating the 27.5' north/south right-of-way lying along the W side of Lot 6, I.A. Mason Sub., together with the 30' east/west right-of-way lying along the S boundary of Lot 33, Palm Park Sub. (St. John Primitive Baptist Church V91-10)(PW) The property would be used for additional parking. The City has no existing utilities within any of the Rights-of-Way. This request has been reviewed by the various City Departments/Divisions concerned with vacations. The Engineering Division objects to vacating the 30' east/west right-of-way in that this right-of-way offers access to a property located to the northeast. The Fire Department also objects to the vacation of the 30' east/west portion. Engineering is requesting that only the 27.7' north/south right-of-way be vacated (less the north 30'). Vision Cable and GTE have no objection. The Church has given Florida Power a 10' Easement which eliminated their objection. David Griffin, representing the applicant, stated they had no objection to staff's recommendation. Commissioner Regulski moved to deny the applicant's request to vacate the full 30' east/west right-of-way lying along the south boundary of Palm Park Subdivision and approve the vacation of the full 27.5' north/south right-of-way lying along the west side of Lot 6, Mason Subdivision less the north 30' and direct the City Attorney to prepare a vacation ordinance for the next Commission meeting. The motion was duly seconded and carried unanimously. ITEM #9 - Public Hearing & First Reading Ordinances #5137-91, #5138-91 & #5139-91 - Annexation, Land Use Plan Amendment to Public/Semi-Public and P/SP Zoning for property located on the W side of McMullen-Booth Rd., N of Countryside Sports Complex, Sec. 21-28-16, M&B 23.09, 3.81 acres (Bethal Lutheran Church Inc. A91-10, LUP91-11)(PLD) The applicant wishes to expand the existing church structure, and in order to do so, needs to connect to the City's sewerage system. The applicant desires to commence construction immediately, before annexation is completed. Construction will therefore be overseen by the county. The applicant has executed an annexation agreement with the City, including a promissory note for open space land fees. At the recommendation of the Department of Public Works, the front 50 feet of the property along McMullen-Booth Road will not be annexed. The county is presently discussing acquisition of this area for the widening of McMullen-Booth Road. The City has a sanitary sewer force main which runs in front of the property into which the applicant will connect. Water service is presently, and will continue to be, provided by Pinellas County. The applicant's site plan has been reviewed and approved by the City's Development Review Committee. The site plan is to be certified by the City after the property is annexed. Commissioner Fitzgerald moved to approve annexation, land use plan amendment to Public/Semi-Public and Public/Semi-Public zoning for Bethel Lutheran Church. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5137-91 for first reading and read it by title only. Commissioner Nunamaker moved to pass Ordinance #5137-91 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. The City Attorney presented Ordinance #5138-91 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance #5138-91 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. The City Attorney presented Ordinance #5139-91 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5139-91 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #10 - Variance to Sign Regulations for property (Action Tackle) located at 19666 US19N, Sec. 19-29-16, M&Bs 11.05, 11.06 and 11.061 (Kenyon Dodge Inc. SV91-20)(PLD) The applicant is requesting a variance of 162 sq.ft. in order to retain a business identification sign consisting of a large drawing of a marlin and the name of the business. There is an existing property identification sign (pole sign) for the commercial complex, which includes a 32 sq.ft. panel identifying the applicant's enterprise. This pole sign will have to be modified by the property owner by October 13, 1992. The applicant's business identification sign is unusual in its composition. The large painting of the marlin (155.5 sq.ft.) is well done, and if on the wall of an unrelated business, would be classified as art, and not included as signage. However, in judging if a drawing is signage or a piece of art, the standards adopted by the Planning and Development Department have been to classify as signage: 1) all logos; and 2) all drawings related to the product or activity of the business (e.g. fishing tackle, rods, etc.). According to the Sign Regulations, wall signs shall be measured as the area encompassed by a single geometric figure. The applicant's sign (marlin and name) can be enclosed by a trapezoid having a top width of 42 feet, a bottom width of 10 feet, and a height of 15 feet 7 inches with an area of 405.1 sq.ft. If more than one geometric shape could be used to define the area of the sign, such as a trapezoid to encompass the marlin and two rectangles enclosing the name of the enterprise, the area attributed to the sign would be 242.5 sq.ft. This second method gives a truer measure of the area of the sign. However, no matter how the sign is measured, the area of the sign is considerably larger than the 48 sq.ft. maximum permitted by the Sign Regulations for this establishment. The applicant would like to retain his original sign but if this is not possible, then he would at least like to keep his painting of the marlin. This would leave him without the name of his business on his establishment. Mr. Polatty, Planning and Development Director, indicated this is a policy issue as to whether or not the Marlin is a sign or art. A concern was raised that if a variance was granted for the square footage, the applicant could remove the Marlin and repaint the words, Action Tackle, rather than have the Marlin. Concerns were expressed regarding not considering this advertising. Bonnie Goldman, applicant, indicated they were not aware of the sign ordinance when they obtained the business. She stated when they found this was considered a sign, they removed the words, Action Tackle, and left the Marlin in place. In response to a question, Mr. Polatty indicated staff had actually gone out and measured the Marlin and it is 155 square feet. Discussion ensued regarding whether or not this is a sign and the precedent that would be set by allowing it to remain. A suggestion was made that it be allowed to remain with it being reconsidered in October of 1992 when the amortization period expires and the pole sign in front of the business would have to be addressed. It was reported the sign was not permitted. Additional discussion ensued regarding the sign and whether or not it should be allowed. Ms. Goldman indicated they are a retail store between two dealerships and they are difficult to see from the highway. Commissioner Regulski moved to deny the request. The motion was duly seconded and upon the vote being taken: Commissioners Regulski, Fitzgerald, Nunamaker and Berfield voted "Aye", Mayor Garvey voted "Nay", motion carried. ITEM #11 - (Cont. from 9/19/91) Park Place - Notice of Proposed Change to an already approved DRI; located between Drew St., Gulf-to-Bay, US19 and Hampton Rd. (Building Holding Operation Co. LUP91-04, A91-01)(PLD) This item was continued at the applicant's request from the September 19, 1991 Commission meeting. There are two separate actions required to permit industrial research and development land uses in the Park Place Development of Regional Impact. First, approve a change to the development order to allow the substitution of 200,000 sq.ft. of industrial development for 300,000 sq.ft. of office development and extending the build-out date for the project from 1991 until 1996 and amending the zoning and land use classification for the property. At the next public hearing the Commission will be asked to consider the applicant's arguments that the proposed changes do not constitute a substantial deviation from the original DRI. Staff feels the proposal does not constitute a substantial deviation since service impacts are lessened from the original level of development and the applicant has demonstrated reasonable progress, given market conditions, in proceeding with the continued development of the site. The Planning and Zoning Board has accepted staff's determination that no substantial deviation is created by the proposed changes. The Commission has previously passed, on first reading, ordinances amending the zoning and land use classification for approximately 50 acres of the 99.1 acre site. Now that the applicant has submitted actual concept plans for the development, a reduction in the amount of area to be rezoned, reclassified is warranted. This will be done at second reading. The second reading of the ordinances will be scheduled to coincide with the second reading of the ordinance amending the development order. The Notice of Proposed Change to the DRI will also have to be reviewed by the Regional Planning Council and the state land planning agency. If there is any determination that the changes represent a substantial deviation, the developer of the project must go through essentially the same review process as required for a new DRI. The original development order for Park Place permitted a project with a maximum floor area of 1,253,000 sq.ft. to be developed in three phases. The applicant now proposes to develop the subject site with retail, office and industrial uses. The industrial development would contain a maximum floor area of 200,000 sq.ft., in exchange, the approved maximum office floor area will be reduced by 300,000 sq.ft., the total floor area to be built will be 1,153,000 sq.ft. The applicant also proposes to change from three phases to one phase with an extension of build-out date from 1991 to 1996. The only infrastructure service issue is traffic generation. The applicant maintains the proposed change in land use and floor area is not substantive with regard to traffic generation because the overall floor area of the project is reduced and the traffic generation potential of industrial is less than office. Staff of the Planning and Development Department generally concur with the applicant's assessment. The proposed land uses will now occupy the following acreage, industrial will be 21.3 acres, office will be 43.8 acres, retail/commercial will be 31.7 acres, open space will be 2.3 acres for a total of 99.1 acres. Staff feels reasonable progress has been made toward completion of the original development order and feels the proposed change to the build-out date is within the confines of the language of the original development order. A question was raised regarding whether or not the Planning and Zoning Board needed to hold another public hearing regarding this proposal. Timothy Johnson, attorney for the applicant, stated the Planning and Zoning Board has considered the change to the DRI and has seen the information twice. Therefore, it is felt it does not have to go back to the Planning and Zoning Board. He requested the Commission consider setting a special meeting to hold the public hearing, prior to the next regularly scheduled Commission meeting of November 21, 1991. Concerns were expressed regarding the need to see a site plan and it was indicated that a conceptual plan had been submitted with the original application however, a more specific site plan has now been submitted. Discussion ensued regarding what date to set the special meeting. Commissioner Nunamaker moved to continue the public hearing for the proposed amendment to DRI to November 4, 1991 at 10:00 a.m. and to receive and refer Ordinance #5142-91 to the City Clerk for advertising. The motion was duly seconded and carried unanimously. ITEM #12 - Variance to Sign Regulations for property located at 323 Jeffords (Morton Plant Hospital Association, Inc. SV91-18)(PH) The applicant is requesting continuance to allow time to more fully examine the hospital's needs for directional signage. Commissioner Nunamaker moved to continue this request to the Commission meeting of November 21, 1991. The motion was duly seconded and carried unanimously. Public Hearing - Second Reading Ordinances ITEM #13 - Ordinance #5127-91 - Relating to recreation and open space land dedication requirements; amending Secs. 116.40, 116.45, 116.46 and 116.51, creating Sec. 116.395 and repealing Sec. 116.41 and 116.47 The City Attorney presented Ordinance #5127-91 for second reading and read it by title only. Commissioner Nunamaker moved to pass and adopt Ordinance #5127-91 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #14 - Ordinance #5136-91 - Relating to municipal cemetery; amending Secs. 29.01-29.05 The City Attorney presented Ordinance #5136-91 for second reading and read it by title only. Commissioner Nunamaker moved to pass and adopt Ordinance #5136-91 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. CITY MANAGER REPORTS CONSENT AGENDA (Items #15-33) - Approved less Items #28 & 33. Agreements - Approved. ITEM #15 - Letters of Agreement with Florida Gas Transmission Company to provide Firm Transportation of Natural Gas (GAS) ITEM #16 - Interlocal Agreement with the City of Belleair Bluffs from 11/1/91-9/30/92 to provide library cards to residents of Belleair Bluffs for an estimated revenue of $13,000 (LIB) Leases - Approved. ITEM #17 - US Coast Guard lease of Marina Building Room 26 for a period of 4 years and 11 months (11/1/91-9/30/96) for the total sum of $7,375 (MR) Bids & Contracts - Awarded less Item #28. ITEM #18 - Annual contract for purchase of various steel gas materials to Consolidated Pipe and Supply, AL, at an estimated cost of $17,020; The Avanti Co., FL, at an estimated cost of $27,739.75; M. T. Deeson, AL, at an estimated cost of $33,017.65; Phillips Engineering Co., FL, at an estimated cost of $41,276.40 for the period 10/17/91-10/16/92 for a total estimated cost of $119,053.80 (GAS) ITEM #19 - Purchase of one 1992 Chevrolet Cavalier mid-sized station wagon from Ferman Motor Car Co., Tampa, FL, for $10,854 (GS) ITEM #20 - Purchase of 21 MTL Select Model Portable Radios with 1700 MAH batteries and 21 Desk Chargers for the City's 800 mHz Trunked Radio System to General Electric Co., Lynchburg, VA, at a total cost of $34,860 (GS) ITEM #21 - Contract for maintenance of the Clearwater Public Library LIBS100 system to CLSI, Inc., Newtonville, MA, on a month to month basis, six month maximum, at an estimated monthly cost of $5,976 (LIB) ITEM #22 - Purchase and installation of Playground Equipment for Forest Run Park to Miracle Recreation Equipment Co., for $17,835.79 (PR) ITEM #23 - Purchase and installation of 496 Palm Trees (Sabal Palmetto) and 39 Holly Trees (Ilex Vomitoria) for Courtney Campbell Parkway to Landtech Services, Largo, FL, for $65,409.41 (PR) ITEM #24 - Annual Irrigation Parts Contracts for the period 11/1/91-10/31/92 to Century Rain Aid for an est. cost of $68,082.98; to Banks Supply Co. for an est. cost of $5,211.25; to Barnes Industrial Plastic Piping for $6,430; and to Rite-Flo Supply, Inc. for $15,260.68, for a total estimated cost of $94,984.91 (PR) ITEM #25 - Purchase of Lot 3, Mac Dixon's Sub. for $62,000 (Dorothy F. West) (PW) ITEM #26 - Purchase of Lot 19, Mac Dixon's 1st Addition for $62,000 (Helen Morrow) (PW) ITEM #27 - Contract for Pierce/Franklin Street Parking Lot to Kearney Development Co., Inc., Tampa, FL, for $47,297.70 (PW) Item #28 - See Page 10 Citizens & Staff Requests - Approved. ITEM #29 - Approve participation with Florida Municipal Natural Gas Association in hiring a rate consultant at a total fee not to exceed $12,000 (GAS) ITEM #30 - Authorization for Police Dept. to hire additional police aides equal to one full time equivalent position totalling approx. 2080 hours, for the Law Enforcement Apprentice Program, for the period 10/18/91-9/30/92 for a not to exceed total aggregate of $13,000 (PD) Change Orders - Approved. ITEM #31 - C.O.#2 to the Wellfield Rehabilitation Project decreasing the amount by $7,490, changing the contract total to $324,313.50 and increase the contract time by 120 days to a total of 280 days (PW) Plans & Plats - Approved less Item #33. ITEM #32 - Replat of the Loehmann's Plaza Replat Subdivision for Wal-Mart located on the NW corner of NE Coachman and US19 (Principle Mutual Life Ins.)(PLD) Review the proposed subdivision for Loehmann's Plaza Replat and refer the subdivision to the Development Review Committee (D.R.C.) for review with authorization of final approval to be granted by the City Commission subject to the following conditions: 1) Prior to DRC review of the preliminary plat, the applicant must revise the preliminary plat and supplemental drawing to provide the information as outlined by staff; 2) Signs and fencing/walls are subject to separate review and permitting processes; and 3) The rezoning of the property to Commercial Planned Development shall be finalized prior to the recordation of the subdivision plat. Item #33 - See Page 10 Commissioner Berfield moved to approve the Consent Agenda as submitted less Items #28 and #33 and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #28 - Contract for preparation of a PD&E Study for the widening of Drew Street to Post, Buckley, Schuh & Jernigan for a not-to-exceed fee of $564,043.43 (PW) The City proposes to widen Drew Street from just west of Ft. Harrison Avenue to just east of Northeast Coachman Road in cooperation with the Florida Department of Transportation. The City has agreed to prepare preliminary design reports and construction contract documents. The initial work is the preparation of a preliminary design report known as a Project Development and Environmental Study. The City approved the ranking of the top three firms to perform this work and staff has negotiated a contract. The City Manager reported he is asking continuance of this item as they are trying to refine the hours that are noted in the contract. Commissioner Nunamaker moved to continue this item to the next regularly scheduled Commission meeting of November 21, 1991. The motion was duly seconded and carried unanimously. ITEM #33 - Final Site Plan for Celebration Station located at 24536-24576 US19N, Parts of Lots 8 & 9 Blackburn Sub., 2.99 acres (Baker, Rally Stores, Inc., Palomino and Ferrellgas, Inc.)(PLD) This is a final site plan for an outdoor commercial recreation/entertainment facility. The site is an expansion of the existing Mountasia Fantasy Golf site. The expansion includes a go-cart track, batting cage, and an arcade/restaurant with associated parking. A conditional use was obtained on July 2, 1991 to operate an outdoor commercial recreation/entertainment facility for the expansion. On October 14, 1991, the Planning and Development Department received a letter from John R. Haggitt, representing the owner of the existing private easement that traverses the Celebration Station property. Mr. Haggitt states his client's right to the use of the non-exclusive easement and emphasizes his client has not agreed to its relocation as indicated on the site plan, therefore, an additional condition is being recommended to read as follows: The 18 foot private easement shall not be relocated or obstructed without the written consent of the owner of the estate served by the easement. Commissioner Berfield moved to approve the final site plan for Celebration Station subject to the following conditions: 1) Signs and fencing/walls are subject to separate review and permitting processes; 2) A 40' drainage and utility easement shall be provided along US19 and dedicated prior to issuance of a building permit; 3) The requisite building permits must be procured within six months from the date of certification of the final site plan and all requisite certificates of occupancy must be obtained within three years of the date of certification of the final site plan; 4) The dates and conditions for approval by the Planning and Zoning Board for the conditional use approval shall be provided on the final site plan prior to certification; 5) Prior to issuance of a building permit, a copy of the SWFWMD permit shall be provided to Public Works/Engineering; 6) Prior to certification, the site plan shall be revised to show all internal aisles to be 24' in width; 7) Prior to certification, the driveway entrance from US19 shall be modified per FDOT requirements and shall be shown on the final site plan; 8) Prior to certification, the site plan shall be revised to show seven handicapped parking spaces; 9) Prior to certification, all Parks & Recreation open space fees shall be paid; and 10) The 18' private easement shall not be relocated or obstructed without the written consent of the owner of the estate served by the easement. The motion was duly seconded and carried unanimously. OTHER ITEMS ON CITY MANAGER REPORT ITEM #34 - Traffic Impact Fees - Gateway Children's Center (PLD) The City has been requested to pay the amount of $8,195.03 for Transportation Impact Fees assessed against Gateway Children's Shelter at 211 South Missouri Avenue. This facility provides day care for children from homeless shelters and transitional housing. City CDBG and federal grant funds were allocated for construction, but federal CDBG funds can not be used to pay impact fees. The City Manager indicated he does not believe the City can waive the fees, however, he has no objection to the City paying the fee. The City Attorney stated he looked at this issue some time ago and his opinion is that the fee cannot be waived. A letter has been received from the County Administrator indicating the County had no objection to waiving their fee. Discussion ensued regarding waiving or paying the fee. Commissioner Regulski moved to pay the City portion of the traffic impact fee for Gateway Children's Center out of the affordable housing fund and to authorize staff to request the County waive their portion. The motion was duly seconded and carried unanimously. Union Contracts Kathy Rice, Deputy City Manager, thanked the Commission for the direction they provided during the negotiation process. She indicated the process worked better this year, resulting in three year contracts with all four unions. All four contracts have been ratified by the union memberships and are effective October 1, 1991. The Mayor congratulated staff and thanked the unions. Ed Hooper, President IAFF, stated the Commission made a substantial difference in the negotiation process by going out of their way to be thoughtful and considerate. He praised the Commission for the decision to hire Michael Wright as City Manager. He stated there are good relations between the employees, the City Manager, Deputy City Manager and Assistant City Manager. He thanked all involved and stated the employees understand times are tough. ITEM #35 - Three year collective bargaining agreement with the IAFF, effective October 1, 1991 (HR) Labor negotiations between the City and the International Association of Firefighters, "IAFF", have culminated in a written draft agreement to succeed the existing agreement which expired September 30, 1991. The major changes are: 1) General wage increase of 4% effective 10/1/91; 3% effective 10/1/92; and 3% effective 10/1/93; 2) The addition of a new two and one-half percent longevity step which employees will receive after having been in the highest step in their classification for a period of four years; 3) Provision to allow employees four years prior to retirement to save five duty days of vacation to be paid at retirement; 4) Increase in amount of sick leave that an employee may use for family sick leave purposes per year from the equivalent of the number of hours in one work week per year to the number of hours in two work weeks; and 5) A sick leave incentive program to allow an employee with no sick leave usage in a calendar year to convert two days of sick leave to two personal leave days; for usage of one to sixteen hours of sick leave in a calendar year, conversion of one day of sick leave to one personal day. Commissioner Nunamaker moved to approve the proposed three year collective bargaining agreement, as ratified by the bargaining unit, between the City and the IAFF, effective October 1, 1991. The motion was duly seconded and carried unanimously. ITEM #36 - Three year collective bargaining agreement with the CWA, effective October 1, 1991 (HR) Labor negotiations between the City and the Communication Workers of America, "CWA", have culminated in a written draft agreement to succeed the existing agreement which expired September 30, 1991. The major changes are: 1) General wage increase of 4% effective 10/1/91; 3% effective 10/1/92; and 3% effective 10/1/93; 2) The addition of a new two and one-half percent longevity step which employees will receive after having been in the highest step in their classification for a period of four years; 3) Increase in amount of sick leave that an employee may use for family sick leave purposes per year from the equivalent of the number of hours in one work week per year to the number of hours in two work weeks; 4) An increase in shift differential pay from 30 cents per hour to 40 cents per hour; and 5) A sick leave incentive program to allow an employee with no sick leave usage in a calendar year to convert two days of sick leave to two personal leave days; for usage of one to sixteen hours of sick leave in a calendar year, conversion of one day of sick leave to one personal day. Commissioner Fitzgerald moved to approve the proposed three year collective bargaining agreement, as ratified by the bargaining unit, between the City and the CWA, effective October 1, 1991. The motion was duly seconded and carried unanimously. ITEM #37 - Three year collective bargaining agreement with the FOP #10, effective October 1, 1991 (HR) Labor negotiations between the City and the Florida State Lodge of Fraternal Order of Police, "FOP", Lodge Number 10 have culminated in a written draft agreement to succeed the existing agreement which expired September 30, 1991. The major changes are: 1) General wage increase of 4% effective 10/1/91; 3% effective 10/1/92; and 3% effective 10/1/93; 2) The addition of a new two and one-half percent longevity step which employees will receive after having been in the highest step in their classification for a period of four years; 3) Increase in amount of sick leave that an employee may use for family sick leave purposes per year from the equivalent of the number of hours in one work week per year to the number of hours in two work weeks; and 4) A sick leave incentive program to allow an employee with no sick leave usage in a calendar year to convert two days of sick leave to two personal leave days; for usage of one to sixteen hours of sick leave in a calendar year, conversion of one day of sick leave to one personal day. Commissioner Berfield moved to approve the proposed three year collective bargaining agreement, as ratified by the bargaining unit, between the City and the Florida State Lodge of FOP, Lodge Number 10, effective October 1, 1991. The motion was duly seconded and carried unanimously. ITEM #38 - Three year collective bargaining agreement with the FOP/Sergeants and Lieutenants, effective October 1, 1991 (HR) Labor negotiations between the City and the Florida State Lodge of Fraternal Order of Police, "FOP", (Sergeants and Lieutenants) have culminated in a written draft agreement to succeed the existing agreement which expired September 30, 1991. The major changes are: 1) General wage increase of 4% effective 10/1/91; 3% effective 10/1/92; and 3% effective 10/1/93; 2) The addition of a new two and one-half percent longevity step which employees will receive after having been in the highest step in their classification for a period of four years; 3) Provision to allow employees three years prior to retirement to save up to one-half of their vacation to be paid at retirement; 4) Increase in amount of sick leave that an employee may use for family sick leave purposes per year from the equivalent of the number of hours in one work week per year to the number of hours in two work weeks; and 5) A sick leave incentive program to allow an employee with no sick leave usage in a calendar year to convert two days of sick leave to two personal leave days; for usage of one to sixteen hours of sick leave in a calendar year, conversion of one day of sick leave to one personal day. Commissioner Regulski moved to approve the proposed three year collective bargaining agreement, as ratified by the bargaining unit, between the City and the Florida State Lodge of FOP (Sergeants and Lieutenants), effective October 1, 1991. The motion was duly seconded and carried unanimously. ITEM #39 - Recommended Parking Fee Increases for Clearwater Beach (CM) The City currently has 2,412 parking spaces on Clearwater Beach of which 1,718 are 50-cent per hour metered spaces, 444 are 20-cent/30-cent per hour metered spaces and 250 are cashier spaces at 75-cents per hour. The parking fund received $1,232,594 in revenue from these parking spaces in the 1990-91 fiscal year. The City currently has a contract with Republic Parking Systems to operate the Pier 60 parking lot as attendant parking 18 hours per day, seven days per week. That contract, which costs approximately $100,000 per year, will expire October 31, 1991. Parking Facilities Manager Tracey Bruch has recommended, should the City decide to stay with attendant parking, the contract with Republic not be renewed and city employees be hired instead. Ms. Bruch cites difficulty with high turnover rate among Republic's employees and poor relations with the public. Attendant parking with city employees would cost approximately $118,000 for the same service. The Pier 60 lot was converted to attendant parking April 1990 and the hourly fees were increased from 50-cents to 75-cents. For the 12 month period prior to conversion, a total of $295,532 was collected from the lot from parking meters, night attendant and permit parking revenue. The Police Department has requested the Pier 60 lot remain open as attendant parking after 7 p.m. Parking in this lot after 7 p.m. is suggested to be set at a flat rate of $1 per visit to encourage potential cruisers to park. Republic also operates attendant parking at the South Gulfview lot for 8 hours per night. Staff recommends that metered parking be enforced during all the hours this lot is in operation with no attendant parking. By converting the Pier 60 lot to meters and increasing the hourly cost of beach lot parking to $1, the City could reasonably expect a revenue increase of approximately $616,000 to $1,848,594. Industry trends and local experience indicate that even though the fees are doubled, actual revenue received will increase approximately 50 percent. In an attempt to soften the proposed increase for residents, it is recommended city residents be allowed to purchase either an annual pass for $120 or a six month pass for $65 that will allow them to park at any available meter in either the Rockaway, Pier 60 or South Gulfview parking lots. The Marina currently sells parking permits for 50-cents per half day, $1 per day, $10 per month and $100 per year for the Marina and Civic Center parking lots. These rates have not been increased since 1983 and it is recommended these fees be increased to $1 per half day, $2 per day, $15 per month and $120 per year. It is further recommended that current parking meters that are set at either 20-cents or 30-cents per hour be increased to 50-cents per hour. These meters are located primarily on street right-of-ways and small parking lots not directly adjacent to the beach. The cost of meter conversion will be approximately $24,000. The City has already purchased three additional change machines to be installed at the Rockaway, Sand Key and South Gulfview lots. It must also purchase three change machine buildings at an estimated cost of $11,700. This is in addition to the machine currently installed at the north end of the Gulfview lot. If the conversion from attendant parking is approved, a fourth machine and building, at a cost of approximately $6,900 may need to be purchased for the Pier 60 lot. The total cost of all of these purchases will amount to $42,600 in one time capital expenditures and will require a first quarter budget amendment. If these revenue recommendations are approved, it is further recommended the additional revenue be used to offset the cost of the police aide traffic program on Clearwater Beach and to subsidize the cost of the cruising and/or noise enforcement effort on the island. That cost is currently estimated to be $262,000 on an annual basis. The remaining $354,000 will be retained in the Parking Fund. Coupled with the $100,000 decreased cost associated with the elimination of attendant parking, the net increase to the Parking Fund will be approximately $450,000. It should be noted the Parking Fund already contributes $365,540 to the General Fund for Beach Patrol and Meter Enforcement. The City Manager reported, from a labor and expense standpoint, it makes sense to convert to metered parking. The parking fund has lost more than anticipated. In the 1990/91 Budget there were $360,000 more in expenses than revenue which was balanced by using accumulated reserves. He stated there is an actual loss of $400,000. He recommends converting Pier 60 back to meters. He anticipates this would generate $600,000 in new revenue from which the Police Aide program and increased enforcement of the noise and cruising ordinances would be paid. To soften the impact on Clearwater residents he recommends resident permits at a reduced rate. He also recommends increasing the Marina parking permit fees. A concern was expressed, if the fees are doubled and revenues would not double, if this meant there would be more parking spaces available. It was indicated people stay shorter periods of time or find other parking places. Mr. Wright indicated his primary reason for this recommendation is to try and put the budget more in balance and to shift the cost of the police beach programs from the General Fund. He did reiterate that 2.3 million has been moved from the Parking Fund reserve for property acquisition. He stated it is anticipated this money will be used within the next thirty days. It was indicated the Commission wanted to receive input at tonight's meeting and action would be delayed until November 21, 1991. Two former members of the Clearwater Beach Blue Ribbon Task Force spoke in opposition to conversion to metered parking. They stated the task force recommended expanding attendant parking. It was felt the public relations gain from attendant parking more than offsets any revenue losses. They did not disagree with raising the rates. Concern was expressed regarding the 2.3 million taken out of the Parking Fund reserve for property acquisition. Discussion ensued regarding additional information the Commission desired before the November 21, 1991 meeting. It was requested that a zero based budget for the parking fund be provided. Also, calculations regarding the most economical and reasonable attendant parking for the three lots with a full break down of revenues and expenditures be provided. Also, information on additional costs to be paid from the Parking Fund was requested. Another member of the former Clearwater Beach Blue Ribbon Task Force spoke in support of maintaining attendant parking. The City Manager reported the current contract with Republic Parking will expire on October 31, 1991. He stated they have agreed to continue on a month-to-month basis at a cost of $38.00 a day more than the current contract. Consensus of the Commission was to pursue this. A question was raised regarding how the monies collected by the parking attendants is accounted for. A report will be provided. Commissioner Berfield moved to continue this item until the next regularly scheduled Commission meeting of November 21, 1991. The motion was duly seconded and carried unanimously. The meeting recessed from 8:22 p.m. to 8:35 p.m. ITEM #40 - First Reading Ordinance #5144-91 - amending Sec. 138.01 dealing with building, plumbing, gas and mechanical codes enforced by the Inspections Division (PLD) The proposed ordinance is designed to update the specific editions of the codes enforced by the Building Inspections Division. This is to reflect the code editions recently adopted by the Pinellas County Construction Licensing Board. The City of Clearwater, as well as all of the other jurisdictions in Pinellas County, are governed by Chapter 75-489, Laws of Florida, which establishes the Pinellas County Construction Licensing Board. This board reviews the codes and establishes which codes and editions are used in this county. This Board consists of 20 members. The cities of Clearwater, St. Petersburg and Pinellas County Building Officials have permanent positions on the board. The ordinance updates the codes to the: 1) The 1991 edition of the Standard Building Code; 2) The 1991 edition of the Standard Plumbing Code; 3) The 1991 edition of the Standard Mechanical Code; 4) the 1988 edition of NFPA 54 National Fuel Gas Code; and 5) The 1989 edition of NFPA 58 Storage and Handling of LP Gas. The City Attorney presented Ordinance #5144-91 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5144-91 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #41 - Marine Advisory Board - 1 appointment (CLK) Commissioner Nunamaker moved to appoint Richard Twining. The motion was duly seconded and carried unanimously. ITEM #42 - Municipal Code Enforcement Board - 4 appointments (CLK) Commissioner Regulski moved to reappoint William Zinzow and Louise Riley. The motion was duly seconded and carried unanimously. Commissioner Regulski moved to appoint Stephen Swanberg. The motion was duly seconded and carried unanimously. Commissioner Berfield moved to appoint Stephen Gerlach. The motion was duly seconded and carried unanimously. ITEM #43 - Environmental Advisory Committee - 2 appointments (CLK) Commissioner Fitzgerald moved to reappoint Mike Foley. The motion was duly seconded and carried unanimously. Commissioner Fitzgerald moved to appoint Ann Donovan. The motion was duly seconded and carried unanimously. Other Pending Matters ITEM: Indemnity Agreement - 1991 Good Life Celebration Games The Good Life Games were started in Clearwater over ten years ago and Barnett Bank became involved as a major sponsor in 1984. This outstanding event has grown in participation, scope and identity over the years and it is now supported throughout the county by cities such as: St. Petersburg, Largo, Dunedin, Madeira Beach, Gulfport, Safety Harbor, and of course Clearwater. Events include softball, shuffleboard, lawn bowling, horseshoes, track and field, etc. Clearwater, like other cities, provides facilities and manpower. Some of the events are sanctioned by the United States Senior Olympics and many local participants qualify for the Olympic program through these Good Life Games. The Good Life Celebration and Games has grown to be one of the most recognized senior events in the country. The intent of the Indemnity Agreement is that Barnett Bank, the Times Publishing Company, and Channel 13, do not want to held liable for claims concerning things they have no control over in use of city property, facilities and equipment. The wording in the agreement is the same as approved last year, accept that Channel 13, WTVT, has been added as a co-sponsor. Commissioner Regulski moved to approve the indemnity agreement by and between the City of Clearwater, Barnett Bank of Pinellas County, The Times Publishing Company and Channel 13, WTVT, relative to the 1991 Good Life Celebration and Games. The motion was duly seconded and carried unanimously. ITEM: Stevenson Creek Channel Improvements, Phase 1, Assignment of Contract and C.O.#2 (PR) Scarborough Constructors, Inc. entered into a contract with the City in March, 1991 for the construction of Stevenson Creek Channel Improvements, Phase 1. In April, 1991, Scarborough proceeded with the removal of the existing Palmetto Street Bridge in preparation for the installation of a multi-channel box culvert. Since the removal of the bridge, Scarborough has had great difficulties in constructing the proposed box culvert, and to date the structure has not been replaced. These difficulties are primarily caused by the inability of Scarborough to isolate the work area from both tidal waters and storm waters. In August, 1991 Scarborough requested that the box culvert design be changed to allow for segmented construction whereby the box culvert would be constructed in two phases using temporary sheet pilings to direct the storm waters around the construction. Public Works agreed to this changed construction method. As of September, 1991, Scarborough continued to have difficulties in dewatering the work area, even with the temporary bypass sheet piling in place. At this time Public Works investigated several alternatives to complete the construction of Phase 1 improvements, including a change of contractor. The result of this investigation was that Public Works asked Scarborough to consider the assignment of their contract obligations to another contractor who had acknowledged expertise in the area of box culvert construction. Scarborough agreed to this concept as the best alternative to complete construction with the least delay to the general public. This is particularly important now that the school year has begun and the closure of Palmetto Street greatly affects access to the local schools. Agreement was reached that Kimmins Constructors, Corporation is an acceptable contractor for this assignment, particularly in view of the fact that Kimmins is very familiar with the project, being the second low bidder to Scarborough, and that they have extensive experience in the construction of poured in place box culverts. The Contract Assignment provides for the following: 1) The transfer of all contract responsibilities from Scarborough to Kimmins; 2) Completion of all necessary restoration and repairs needed as a result of the progress of the work to date will be performed by Kimmins; 3) The City will receive new contract bonds and insurance certificate from Kimmins; 4) Removes the opportunity for the Assignor to bring suit against the City for any reason; and 5) Recommencement of the work before the end of October. Change Order #2 to the assigned contract with Kimmins provides for the following adjustment of contract items: 1) Removal of Item 30 for temporary steel sheeting to be used adjacent to Cleveland Street (Deduct $12,000); 2) Add Item 38 for installation of temporary sheeting to allow the phased construction of the Palmetto Street Box Culvert as discussed above (Add $35,000); and 3) Increase of contract time by 120 days. Increase in contract time is necessary to allow Kimmins a reasonable amount of time to complete the contract work. Bill Baker, Public Works Director, indicated Scarborough began their work in April and were supposed to be finished by the end of November. He stated as of yet, they have accomplished very little. He stated the Scarborough and Kimmins lawyers worked together to reach the assignment agreement. The City Attorney indicated that Scarborough would not be paid anymore than they have been paid for the work they have accomplished thus far. Discussion ensued regarding potential liabilities from subcontractors and the City Attorney indicated the City is protected in this regard. Commissioner Nunamaker moved to approve the assignment of the Stevenson Creek Channel Improvements Phase 1 to Kimmins Contracting Corporation and Change Order #2 increasing the contract amount $23,000 and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. CITY ATTORNEY REPORTS First Reading Ordinances ITEM #44 - Ordinance #5143-91 - Relating to financial administration, amending Sec. 41.14 to delete requirement for surety bonds for finance and deputy finance directors The City Attorney presented Ordinance #5143-91 for first reading and read it by title only. Commissioner Regulski moved to pass Ordinance #5143-91 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. Other City Attorney Items ITEM #45 - Request for authorization to file suit against Suncoast Seabird Sanctuary for damage at Clearwater Airpark On February 2, 1989, an airplane operating out of Clearwater Airpark crashed at the Airpark destroying the plane and damaging or destroying a section of fence and a supply of pipe being stored there (value - $2,973.22). The plane was owned by the Suncoast Seabird Sanctuary and was being used to provide student pilot training. The Sanctuary did not carry liability insurance on the plane. Currently the law considers an airplane a "dangerous instrumentality", and the owner would be liable for damages resulting from negligence. The instructor pilot, as the pilot in command, is also liable. The student pilot, who was flying the plane at the time of the crash, would be liable if negligent. A tentative settlement was thought to have been reached with both the Sanctuary and the instructor pilot contributing towards settlement. The Sanctuary, however, has indicated it is no longer willing to settle. The instructor pilot has contributed $1,000 towards settlement. Authorization is sought to bring an action against the Suncoast Seabird Sanctuary and the student pilot, Jack St. Arnold. Commissioner Regulski moved to approve authorization to file a Complaint seeking compensation for damage to City property against Suncoast Seabird Sanctuary and Jack St. Arnold. The motion was duly seconded and carried unanimously. City Manager Verbal Reports - None. Other Commission Action ITEM #46 - City Manager Salary Review The City Commission evaluated the City Manager for six months of work performance on September 27, 1991. The City Manager received very positive remarks from all City Commission members. Discussion ensued regarding what adjustment to make to the City Manager's salary, with a 4% and 5% increase being suggested. It was stated this evaluation and adjustment are for seven months. It was stated other employees receive more than 4%. Commissioner Nunamaker moved to approve an increase in the City Manager's salary of 4% per annum. The motion was duly seconded and carried unanimously. ITEM #47 - City Attorney Salary Review The City Attorney was rated by the City Commission on September 27, 1991. He received generally positive remarks from the City Commission. Commissioner Regulski moved to approve an increase in the City Attorney's salary of 4% The motion was duly seconded and carried unanimously. Additional Other Commission Action Commissioner Fitzgerald reported citizens of Clearwater were receiving a 5% break in flood insurance as a result of the Community Rating System. He stated there is further opportunity to even further lower the rate in 5% increments per year based on steps the City takes to mitigate the possibility of flood damage. Commissioner Regulski questioned when the Countywide Sign Ordinance would be discussed and it was indicated this has been scheduled for the next meeting. Adjournment The meeting adjourned at 9:05 p.m.