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02/20/1992 CITY COMMISSION MEETING February 20, 1992 The City Commission of the City of Clearwater met in regular session at City Hall, Thursday, February 20, 1992 at 6:01 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. The invocation was offered by Father Edward J. Mulligan of St. Brendan's Catholic Church. 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. Proclamation: National Engineers Week - 2/16-22/92. ITEM #5 - Presentations Police Chief Klein announced the implementation of "Operation Teddy Bear" in which Police Officers will be provided teddy bears to use in comforting individuals, especially children, in traumatic situations. A facsimile of a check for $1,290 to fund the program was presented by the Kiwanis Club to Officer Housch who developed the idea. ITEM #6 - Minutes of the Regular Meeting of February 6, 1992 and Special Meeting of February 3, 1992 Commissioner Berfield pointed out that the figure of $5,000,000 on page eleven of the February 6 minutes should be $500,000. Commissioner Berfield moved to approve the minutes of the regular meeting of February 6, 1992 as corrected, and the special meeting of February 3, 1992, 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. Richard Bolam spoke stating he felt City policy was causing waste of City funds. He read his letter into the record detailing his concern. Mary McCann expressed concerns regarding the dramatic increase in the charges for lawn meters and also complained regarding the expense to either have the meter taken out or to downsize the meter. She asked for consideration of an amnesty period for removal of the lawn meters or a reduction in charge for the downsizing. Terry Flowers, representing the Downtown Clearwater Association, spoke in favor of their resolution requesting improved landscaping on Cleveland Street. PUBLIC HEARINGS ITEM #8 - Public Hearing & First Reading Ords. #5169-92, #5170-92 & #5171-92 Annexation, Land Use Amendment to Medium Density Residential and RPD Zoning and Review of Master Final Site Plan for Island in the Sun Mobile Home Park located at the SE corner of Drew St. and Hampton Rd., Sec. 17-29-16, M&B 12.01, 41 acres m.o.l. (Brown/Kennedy/Roberts A91-14, LUP91-15)(PLD) Due to the cancellation of the wrong advertisement by the Tampa Tribune, this item should be continued to the March 5, 1992 Commission meeting. Commissioner Berfield moved to continue this item to the next regularly scheduled meeting of March 5, 1992. The motion was duly seconded and carried unanimously. Public Hearing - Second Reading Ordinances ITEM #9 - Ord. #5164-92 - Annexing property located at 205 Elizabeth Ave., Sec. 17-29-16, M&B 13.18 (Janey A91-13) The City Attorney presented Ordinance #5164-92 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5164-92 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 #10 - Ord. #5165-92 - Land Use Plan Amendment to Medium Density Residential for property located at 205 Elizabeth Ave., Sec. 17-29-16, M&B 13.18 (Janey LUP91-14) The City Attorney presented Ordinance #5165-92 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5165-92 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 #11 - Ord. #5166-92 - RM-12 Zoning for property located at 205 Elizabeth Ave., Sec. 17-29-16, M&B 13.18 (Janey Z91-14) The City Attorney presented Ordinance #5166-92 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5166-92 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 #12 - Ord. #5176-92 - Amending Sec. 52.45 and creating Sec. 52.51 relating to water use restrictions imposed by SWFWMD The City Attorney presented Ordinance #5176-92 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5176-92 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 #13 - Ord. #5178-92 - Amending Chi Chi Rodriguez Youth Foundation agreement The City Manager indicated he has faxed proposals from NCNB and Barnett Banks to the Commission in an attempt to answer questions that were raised at the last meeting. Discussion ensued regarding the term of the loan with concerns being expressed that there was no commitment that the loan would be renewed at the end of the first five years while the Commission is being asked to approve a fifteen year guarantee. Tim Coop, representing NCNB, indicated a five year loan was the maximum that would be approved for a business loan, which this is considered to be. In response to a question, it was indicated the City's guarantee of the million dollars would go to whichever bank is chosen by the Chi Chi Rodriguez Foundation. If the bank were to call the loan and it no longer exists, the guarantee would no longer be in effect. Mr. Coop indicated if the Foundation was doing well and the guarantee is still in place, there was a strong possibility that their loan would be renewable. In response to a question however, he indicated the bank could not commit to that. In response to a question regarding what the Commission was being asked to do at this meeting, it was indicated they were being asked to agree on the type of loan they would back and to be firm on the guarantee. Discussion ensued regarding what benefit there is for the Foundation to obtain this new loan and it was indicated it would generate savings on interest payments as well as provide greater cash flow. Bob Barnes, attorney for NCNB, indicated the Foundation needs a commitment from the City that the guarantee will be there no matter which bank the Foundation chooses. The City Manager indicated he would recommend agreeing in principle at this meeting but the ordinance come back for second reading to put the guarantee in place at a later date. Mr. Barnes indicated the bank is also looking for a tri-party agreement to be executed by the Foundation, the City and the bank. The City Attorney indicated he has not seen this agreement and could not commit to it tonight. Discussion ensued regarding the ability for the loan to be assigned and it was indicated this would give the Foundation the ability to take the guarantee to another bank if the current lender would not renew the loan. Concerns were raised that the City have some input regarding to whom the loan was assigned. In response to a question regarding terms and conditions of the loan not being included in the agreement, it was indicated this would be "boiler plate" language. It was requested the City Attorney review the closing documents prior to the closing. It was reiterated that the two points of concern of the Commission were the assignability of the loan and a commitment to continue the loan after the first five year period. The City Manager indicated he would work with Mr. Hayes and the banks to provide the documents necessary. He emphasized that the Commission wants to provide the guarantee however, they want to see the documents prior to final approval. Commissioner Fitzgerald moved to continue this item until the next regularly scheduled meeting of March 5, 1992. The motion was duly seconded and carried unanimously. CITY MANAGER REPORTS CONSENT AGENDA (Items #14-22) - Approved as submitted. Agreements ITEM #14 - Fire Protection Services Agreement with Pinellas County Fire Protection Authority for the period 10/1/91-9/30/94 (FD) Leases ITEM #15 - Approval of US Government Lease for Real Property to US Customs Service for Room 28, Marina Building, for the period 3/1/92-2/28/97 for the total sum of $9,150 (MR) Bids & Contracts ITEM #16 - Purchase of Unisys and other computer hardware and software from National Data Products, Clearwater, FL, for $131,832; authorize the lease/purchase of $97,301 of hardware through AT&T Credit Corp. (AS) ITEM #17 - Purchase 2 Emergency Medical Services (EMS) Rescue Units for the Fire Department from Southern Coach, Inc., Ocala, FL, for $98,000 (FD) ITEM #18 - Annual contract for the purchase of gas meters and regulators to Schlumberger Industries, KY, est. cost $39,278; National Meter Parts, OH, est. cost $17,999; Dresser Measurement, TX, est. cost $5,470; Equipment Controls, GA, est. cost $22,834.34 for the period 2/21/92-2/20/93 for a total est. cost of $85,581.34 (GAS) ITEM #19 - Purchase of two 1992 Ford Crown Victoria Police Patrol vehicles from Don Reid Ford, Inc., Maitland, FL, for $25,288 (GS) ITEM #20 - Contract for the "Load Test for Bridges FDOT #155501 & #155502" to S.D.R. Engineering, Inc., Boca Raton, FL, for $13,400 (PW) ITEM #21 - Contract for construction of the Moccasin Lake Nature Park Classroom Building to Oakhurst Construction Co., Inc., Seminole, FL, for $138,325.45; approve transfer of $44,000 from recreation facility impact fees into CIP code 315-1-3252 (PW) ITEM #22 - Ratify and confirm the amendment to the contract with Kamminga and Roodvoets, Inc., regarding repair of sanitary manhole, increasing the amount by $2,315 for a new total of $11,695 (PW) Commissioner Fitzgerald moved to approve the Consent Agenda as submitted and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. OTHER ITEMS ON CITY MANAGER REPORT ITEM #23 - Final Site Plan for Wal-Mart, a Commercial Planned Development, located on the NW corner of NE Coachman Road and US19N (Principle Mutual Life Ins.)(PLD) Wal-Mart Stores, Inc., the contract purchaser, is requesting final site plan approval for Lots 1, 2, and 3 of the previously platted Loehmann's Plaza Replat Subdivision. This project received conditional approvals from the City Commission on January 2, 1992 and the Development Review Committee on January 9, 1992. On January 13, 1992, the current plan was submitted to staff. All departments approved the revised plan except Traffic Engineering. Traffic Engineering comments regarding the existing entrances on NE Coachman are as follows: 1) 14 foot lanes are too narrow for most trucks to maneuver on tight radius; 2) Access to outparcel 4 is very close to drive entrance - insufficient space to generate left turn lane; and 3) Southbound lanes on west driveway - poor alignment for queued vehicles. The Traffic Engineer has provided the desired solution by sketching modifications on the plan; this solution is being presented to the Commission. Other approval conditions have been indicated on the site plan. These include the Commercial Planned Development (CPD) zoning conditions established by the City Commission for this property. The Planning and Development Director indicated all of the Traffic Engineer's concerns have been addressed. Peter Yauch, Traffic Engineer, stated the drive and access to Lot 4 have been modified so cars can disperse around those vehicles waiting to make the left hand turn into Lot 4. Commissioner Regulski moved to approve the Final Site Plan subject to the following condition: Prior to certification of the Final Site Plan, the plan shall be revised to show the entrances and lanes redesigned as per the City Traffic Engineer's requirements. The motion was duly seconded and carried unanimously. ITEM #24 - First Quarter Budget Review (AS) The First Quarter Budget Report is based on three months of activity, October 1991 through December 1991. Although some variances have been noted in revenues and expenditures, some amendments are not proposed until additional data can be analyzed. In almost every department there is a negative variance in the personal service codes. This is due to the pending outcome of the union bargaining negotiations at the time the Budget was approved, the individual department budgets reflect only status quo salary and wage costs. The General Fund non-departmental budget includes $930,000 designated as Salary Adjustment Funds which will be subject to allocation at mid-year for the approved 4% cost of living increase. The General Fund revenue adjustment reflects increases in utility taxes, sales tax, and state revenue sharing. Court fines are decreased reflecting a change in the law effective October 1, 1991, decreasing the percentage of the fine received by a municipality. Other General Fund adjustments include the funding for the refurbishment of the Jack Russell Stadium light poles, hand held radios for building inspectors and funds for the purchase and installation of equipment in seven patrol vehicles. Amendments to the Parking Fund reflect the close of the Sand Key parking lot project in the Capital Improvement Fund and the return of $45,808 of parking revenues to the Parking Fund. Changes to internal services includes an amendment to reflect a budget increase of $10,854 in the Computer Information Services Division for the purchase of a mid-size station wagon and a decrease in transfers to the Capital Improvement Fund from the Garage Fund of $98,690 correcting the original budget. Amendments to the Capital Improvement program total a net decrease of $415,293. All new Capital Improvement Projects and CIP budget increases/decreases have been previously approved by the Commission. Commissioner Berfield moved to approve the First Quarter Budget Amendments. The motion was duly seconded and carried unanimously. a. First Reading Ord. #5179-92 - First quarter operating budget amendments The City Attorney presented Ordinance #5179-92 for first reading and read it by title only. Commissioner Berfield moved to pass Ordinance #5179-92 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. b. First Reading Ord. #5180-92 - First quarter capital improvement program budget amendments The City Attorney presented Ordinance #5180-92 for first reading and read it by title only. Commissioner Berfield moved to pass Ordinance #5180-92 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 #25 - Res. #92-21 - Repetitive Loss Plan - Community Rating System Program (PLD) The City Manager reported there is pending federal legislation that may affect this plan and therefore requested the item be continued. Commissioner Berfield moved to continue this item to the next regularly scheduled meeting of March 5, 1992. The motion was duly seconded and carried unanimously. ITEM #26 - (Cont. from 2/6/92) Res. #92-6 - Emergency repair lien on property located at 300 North Vine Ave, Drew Park Sub., Lot 17 (Witherspoon, et. al) (PLD) Property located at 300 North Vine Avenue was inspected by the Building Division and found structurally unsafe. The owner of the property is deceased and the known heirs are minor children. The Building Official ordered the structure temporarily repaired to prevent total collapse of the structure and possible harm to neighboring properties, both public and private. The work has been completed at a cost of $2,250. Gary Moore, attorney representing the heirs, stated this is the only asset left in the estate and he requested that due to the indigent nature of the children, the Commission consider waiving this lien. The City Manager requested the Commission delay a decision regarding the lien to allow staff to get with the attorney to determine whether or not the property can be obtained for the Infill Housing Program. Commissioner Berfield moved to continue this item to the next regularly scheduled meeting of March 5, 1992. The motion was duly seconded and carried unanimously. ITEM #27 - Other Pending Matters a. C.O. - Clearwater Pass Bridge Contract for Structural Repairs Misener Marine Construction is currently in the process of constructing eight additional crutch bents for the structural stability of the Clearwater Pass Bridge. On February 13, the City's engineering consultant (Kisinger, Campo and Assoc.) managing the construction operations, notified the Public Works Department that rock rubble had been encountered at two bridge bents (17 and 37) where piling is to be placed for the crutch bents and this rubble will need to be relocated to allow the pile driving operations to continue. Additional work is needed by the contractor to relocate the rubble and to fill the excavations with sand to maintain the stability of the bridge until installation of the crutch bents can be completed. KCA has determined, in negotiation with the contractor, that the rubble removal operations can be accomplished by the contractor on an hourly rate charge of $430.53 per hour including all equipment, labor and materials, in an estimated maximum time of 80 hours of work. Because the excavation of the rubble will be adjacent to existing bridge bents, which already have insufficient pile penetration, KCA has advised the bridge must be closed to vehicle traffic for a period up to two weeks. In addition, KCA has informed the City that the pile driving operations by Misener are progressing much faster than with previous marine contractors working on the Clearwater Pass Bridge. As a result, Misener is expected to be finished with all pile driving work in areas except where rubble must be relocated by February 26. To avoid the costs of demobilization and remobilization of the specialized equipment used for pile driving operations, staff is bringing this request for change order approval prior to the time it could be regularly scheduled at the March 5th Commission meeting. If approved, extensive public notification will be made of a bridge closure of up to two weeks starting on approximately February 28. The exact date of closure will be determined prior to the public notification. Bill Franklin of Kisinger, Campo and Associates, reviewed the history of the bridge and the repair events that have occurred to this point. He stated rubble has been found below the sand line where they are attempting to place crutch bents. He stated four piles are needed in that location and they can not drive through the rubble. He indicated it would be necessary to close the bridge in order to bring in a scallop bucket to remove the rubble. The City Manager indicated this will be for safety reasons as when they remove the rubble they will go down to within a foot of the bottom of the pile and the bridge may slip during the digging operation. Concerns were expressed regarding the timing of this repair event with tourist season having just begun and the impact of closing the bridge for the businesses on either side. Discussion ensued regarding the need to do this repair immediately or if it could wait two months. The City Manager indicated he has been told there is a 30% chance the bridge will slip during the digging and if this occurs, the bridge will have to be closed four to six weeks. He stated the major risk is the bridge slumping and breaking the sewer line that is attached to it. He further indicated if the construction company finishes its current work and pulls off the job, it will cost an additional $70,000 for them to gear up and return to the project. He stated the advantage to waiting on the project is that it can be bid in such a way that the construction company can gear up and have material available should a slump occur which would allow them to respond more quickly to such an event. He stated if the decision is made to delay, the City will survey the bridge every day to make sure there is no movement in the bridge. He also indicated the Police Chief has been told to post an aide at the bridge to turn away heavy vehicles. Buses and Fire Trucks will be allowed across the bridge. It was indicated that a storm or scour event would be the major concern during the delay as any such event could place the bridge in jeopardy. In response to questions, Mr. Franklin indicated the bridge would be safe unless there was a storm or scour event which could be caused by a combination of elements. He stated daily monitoring will assure that the bridge is in a safe condition. In response to a question from a citizen regarding the timeframe for the new bridge, it was indicated the City is currently under a schedule in which construction would begin in November of 1993. The designing of the bridge is now under way. Consensus of the Commission was to not take any action at this time and for the City Manager to bring back the appropriate agenda items in approximately two months. CITY ATTORNEY REPORTS ITEM #28 - Other City Attorney Items - None. ITEM #29 - City Manager Verbal Reports The City Manager indicated he has been asked to be a kick-off speaker at a conference in South Carolina and unless Commission objected would not be in attendance at the meeting of March 19, 1992. There were no objections. The City Clerk requested that Commission members notify her department of any candidate forums of which they are aware. ITEM #30 - Other Commission Action Commissioner Nunamaker questioned when reconsideration of the Rite-Aid alcoholic beverage variance would take place and it was indicated this is being scheduled for March 19, 1992. Commissioner Berfield questioned the status of a response to the letter from the airpark regarding their request to have the school board property provided to the airpark. The City Manager indicated this is being scheduled for March 5, 1992. Commissioner Regulski expressed concerns regarding statements in a letter of appraisal regarding the East End project that are not true. He stated specifically comments regarding the City buying the Maas property, assuming the City Hall would be in this project and that there was a joint venture with a real estate agency needed to be publicly denied. The City Manager indicated it was unfortunate that incorrect information was contained in the letter. He stated he has sent a draft of the request for qualification to the Commission for them to look at ahead of time. He is requesting this be an item for discussion on March 5, 1992. Commissioner Fitzgerald reported that on Tuesday night, the County Commission did approve the County Sign Ordinance for the unincorporated areas. He stated they are still requesting cities consider adopting the countywide ordinance and are requesting they take action by July 1st. Commissioner Regulski suggested the City contact other cities in the county to let them know that Clearwater is reviewing its ordinance to bring it into line with the county ordinance and to request they do the same. It was suggested a letter be sent to all the municipalities in Pinellas County and a letter be sent to the Board of County Commissioners thanking them for their action. Commissioner Fitzgerald stated he felt that the report provided by the Environmental Advisory Committee was a good report and he requested some consideration of the recommendations they were making. He indicated the Committee needed to be kept apprised of the City's ongoing project for expanding the reclaimed water system and he requested the chemical spraying at Cliff Stevens Park be reviewed as requested by the committee. The City Manager indicated a report has addressed this and the spraying is approved by DER and EPA. A copy of the report will be sent to the Commission. ITEM #31 - Adjournment The meeting adjourned at 8:20 p.m.