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11/01/1999 CITY COMMISSION WORK SESSION CITY OF CLEARWATER November 1, 1999 Present: Brian J. Aungst Mayor/Commissioner Ed Hooper Vice-Mayor/Commissioner J. B. Johnson Commissioner Robert Clark Commissioner Absent: Ed Hart Commissioner Also present: Michael J. Roberto City Manager Bill Horne Assistant City Manager Bob Keller Assistant City Manager Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Patricia O. Sullivan Board Reporter The meeting was called to order at 9:00 a.m. at City Hall. Attorney/Client Session The attorney/client session regarding Wings versus the City was cancelled and will be rescheduled. Team of the Quarter Award The Team of the Quarter Award for July to September 1999 was presented to the Network Services Team from the Information Technology Department. Audit The Mayor referenced his November 1, 1999 memorandum, requesting the City Attorney to audit City e-mail use to determine if personal e-mail accounts have been used to conduct City business, that all e-mails related to City business have been retained, and to recommend policies and procedures. Should information be uncovered that places her in a compromising situation, he requested that the City Attorney discuss those issues with the City Commission and request further direction. Discussion ensued with a recommendation that outside counsel would be impartial and avoid placing the City Attorney in an adversarial position. The City Attorney said her involvement would have to be limited and expressed concern that others may perceive her as lacking objectivity. She recommended that a retired judge conduct the audit. She said the audit’s formality would determine if interviews are conducted under oath. While internal e- mails can be retrieved, those from external vendors cannot. Consensus was to appoint a retired judge to review City email accounts. 1 mws11a99 11/01/99 Concern was expressed that the audit not be criminal in nature. The City Attorney will provide recommendations for an appointee and the scope of the audit. The need for technical help will remain open. PUR PURCHASING City of Largo, materials suitable for recycling, 11/05/99-11/30/00, estimated $110,000 (SW) City of Dunedin, materials suitable for recycling, 11/05/99-11/30/00, estimated $70,000 (SW) Florida Crushed Stone Company, bulk cement, 11/08/99-11/30/02, estimated $42,000 (PW) Office Depot - Business Services Division, copy & computer paper, 11/05/99-11/30/00, estimated $75,000 (FN) M.T. Deason Company, Inc., 2nd & Final extension, black PE pipe & fittings, 12/01/99- 11/30/00, estimated $130,000 (GAS) Nichols Machine Works, overhaul of 3 Hoffman blowers used in WPC facilities, $28,935 (PW) Kennedy Valve, Division of McWane, 1st of 2 renewals, fire hydrants & fittings used throughout water system, 11/05/99-11/30/00, estimated $35,000 (PW) Spartan Oil Company, Inc., 1st of 2 renewals, fuels for resale at marina, 01/01/00-12/31/00, estimated $1,000,000 (QOL) Mailrite Inc., mail processing, package pick-up & delivery, and other messenger services used by all departments, 11/08/99-11/30/00, estimated $60,000 (IT) Regarding recycling contracts, Purchasing Director George McKibben said cities transport materials to Clearwater for processing. Profits from the sale of these materials are split with the providers after processing costs are deducted. The City does not accept materials that cost more to process than they are worth. In response to a suggestion that contract dates match the City’s fiscal year, Mr. McKibben said if all contracts faced renewal or change at the same time, staff resources would be overwhelmed and could not accomplish related work. Regarding Marina fuel sales, Mr. McKibben said the City pays port of entry pricing plus a delivery fee. Changes in port of entry pricing are passed directly to customers. FN FINANCE Authorization to settle entire workers' compensation claim of John Smith, including medical, indemnity, & attorney fee, for $186,385 Claimant John Smith, a former police officer, sustained multiple work-related bilateral knee injuries during his employment with the City. The last injury, on December 15, 1993, entitled him to Workers’ Compensation indemnity and medical benefits. The claimant subsequently was terminated for cause and does not receive a disability pension. The claimant has had 7 knee surgeries involving both knees, including a total right knee replacement. Soon, the claimant will have a total left knee replacement. The claimant has a pending claim for permanent total disability benefits. If accepted, future indemnity payments are anticipated to exceed $1.1-million and future medical costs are estimated at $150,000. On October 7, 1999, the claim went to mediation. The claimant 2 mws11a99 11/01/99 agreed to settle his entire workers’ compensation claim, including attorney fees, subject to City Commission approval, for $174,000, and waiver of the City’s workers’ compensation $12,385 lien, for a total settlement of $186,385. The City’s Claim Committee, outside counsel Mark Hungate, and Risk Management recommends settlement. Risk Management Specialist Jon Marcin said potential City indemnity is based on a worst-case scenario. The claimant’s Social Security total disability rating entitles him to Medicare coverage. Offsets do not apply as benefits are less than 80% of the claimant’s salary. The City’s doctor rated the claimant’s disability at 31%. The City feels the claimant has no remaining eligibility for workers’ compensation benefits due to the statute of limitations. As the claimant may need additional knee replacement surgeries, City exposure could be significant. The City Attorney said the settlement includes medical and permanency issues. Litigation against the claimant has been settled. It was indicated the claimant returned to work without restrictions after his last injury in 1993. It was stated the City had terminated the claimant’s employment after his arrest. It was felt the City should not bear total responsibility for the claimant’s medical problems. Mr. Marcin said the claimant had knee surgeries prior to employment with the City. Deterioration of the joints has made knee-replacement surgery necessary. The City faces high standards to prove intervening causes are responsible for the condition and terminate City liability. It was felt the settlement is excessive. The City Attorney said the claimant had withdrawn his pension contribution and did not apply for a pension within the required time frame. It was unknown if the claimant received Chapter 185 benefits. Mr. Marcin said indemnity estimates are high due to the Claimant’s age of 40. The City Attorney said outside counsel had recommended this settlement, which is not large enough for coverage under the City’s excess carrier. Staff will provide additional information. PR PARKS & RECREATION Contract to construct Clearwater Beach Family Aquatics Center to Oakhurst Construction Company Inc., $795,300; approve subsequent change order deduct of $89,088, for net $706,212 In FY (fiscal year) 1998/99, the City Commission approved a first quarter amendment to increase funding for a family aquatics center on Clearwater beach, on the southeast corner of Bay Esplanade and Mandalay Avenue, south of the tennis courts. The aquatic facility will feature 6-traditional swim lanes and mini-water park amenities. The project’s design and scope were determined after citizen input at several public meetings. Amenities will be provided for family members of all ages. This contract covers construction of the pool, restrooms, offices, fencing, labor to install water park amenities, and other site work. The City will provide irrigation, landscaping, site lighting, and water park amenities. The $795,300 bid includes a 10% contingency. Staff recommends engineering out $89,088, including items and a contingency reduction to 4%, and reducing the contract amount to $706,212. None of the items will impact adversely on the facility’s design nor function. The project’s financial summary: $795,300 base bid, reduced by $89,088 in value engineering, increased by $50,000 in water park amenities, for a total project cost of $756,212. The City had budgeted $760,182 for the project, a difference of $3,970. 3 mws11a99 11/01/99 Concern was expressed that the project originally was estimated to cost $300,000. Parks & Recreation Assistant Director Art Kader said when the City Commission removed the beach pool to construct Pier 60 Park in 1995, the $300,000 estimate was not based on research. After the City Commission defeated a $670,000 project by a 3-2 vote, Clearwater beach and Island Estates residents voiced support for the pool. Staff brought forward options to the Commission, which approved funds for design and increased the budget to $770,000. Staff has worked on this plan since the early 1999. The pool is scheduled to open next spring. Concern was expressed that competitive swimmers not squeeze out family uses. Mr. Kader said pool programming will balance the needs of families and competitors. Staff will market the unheated pool to competitive swimmers during cooler months. Increased costs are related to water park amenities, which meet current standards. It was suggested the pool be located in MacKay Field. Mr. Kader said the planned location already has parking facilities. PW PUBLIC WORKS Approve Final Plat for Druid Oaks Subdivision located approx. 1,200 feet west of US 19N, lying along north side of Druid Road The applicant proposes to build 8 single-family residences at this location, 1,200 feet west of US 19N on the north side of Druid Road, directly south of Builders Square. The property is zoned MDR (Medium Density Residential). The Development Review Committee has approved the development. No back-out driveways will be allowed on Druid Road. Public Works Administrator Rich Baier said this plot is separate from the Builders Square property. Driveways will feature turnarounds or be circular in design. Revised Agreement for Professional Services for 5 architects-of-record Approve In June 1999, the City Commission approved an Agreement for Professional Services for five architects-of-record that required Commission approval of all work orders greater than $25,000. In October 1999, the City Commission approved an amendment to the engineer-of- record agreements, which increased the Commission approval threshold to $100,000. This revised agreement sets the Commission approval threshold for architect work orders also at $100,000. The “Public Entity Crimes” and “Drug Free Workplace” clauses have been removed from this revised agreement, as Purchasing no longer requires them. Staff will distribute the list of architects. Mr. Baier said engineering fees typically are higher than those charged by architects. The firms will be used primarily for small projects. Concern was expressed that staff could spend $100,000 without Commission approval. Mr. Baier said the list of architects is based on responses to a RFQ (Request for Qualifications). Staff will provide information regarding the removal of drug free workplace references. Contract for 1999 Street Resurfacing to Overstreet Paving Company, for $616,115.50 The City’s annual street resurfacing program restores roadway wearing surfaces, provides protective coatings, and maintains the integrity of City road substructures. The effort 4 mws11a99 11/01/99 requires utility adjustments, asphalt milling and patching, and curb, street, and drainage work. Staff determined the schedule. Street rankings are based on type and extent of cracking, ride quality, depth and extent of rutting, and severity of raveling. The contract is limited in size by annual funding. A pre-construction conference will follow execution of contract documents. In response to a concern, Mr. Baier said the City owns the Glen Oaks Golf Course parking lot and Airpark and is responsible for capital projects there. The Airpark budget will pay to resurface the taxiway. Staff has delayed addressing large cracks in the Glen Oaks Golf Course parking lot until final decisions are made regarding its future use. Rebuilding the base is expensive. It was felt the lessee should cover this expense. The City Manager noted City responsibility for liability issues. PLD PLANNING & DEVELOPMENT SERVICES (Cont’d from 10/21/99) Public Hearing & First Reading Ords. #6459-99 & #6460-99 - Land Use Plan Amendment to Commercial General & Commercial Zoning for property located at 2561 Nursery Rd., part of Sec. 19-29-16, M&B 44.05 (Sandy Buettner) The applicant requests a Land Use Plan Amendment from Residential/Office General (R/OG) to Commercial General (CG) and a zoning change from Office (O) to Commercial (CI) on approximately a 0.56-acre portion of Tract 44/05, which is approximately 2.6 acres. The other portion of this tract has a Commercial General land use and Commercial zoning. The site is vacant. The proposed Land Use Plan Amendment and rezoning is consistent with the Clearwater Comprehensive Plan Future Land Use Policy 3.2.2, which states that commercial land uses should be appropriately located at the intersection of arterial or collector streets and should be sited to minimize intrusion of off-site impacts into residential neighborhoods. The entire site is less than 500 feet from US 19N. Based on analysis of compatibility, the proposed land use amendment and rezoning is compatible with surrounding commercial, office, and residential (mobile home) uses. The proposed amendment is consistent with the countywide Plan and the purpose and locational characteristics of the Commercial General category, which identifies this use as generally appropriate to areas of intensive commercial use, and in areas in proximity to and with good access to major transportation facilities. The City has sufficient public facilities to accommodate the proposed use. The proposed land use amendment and rezoning will not impact the natural environment and is consistent with Code and City Regulation requirements. Assistant Planning Director Cyndi Hardin said the property has no frontage on US 19N. Concern was expressed this proposal would conflict with residences on Nursery Road. It was noted that most of the lot is zoned commercial. Staff will report on the zoning of the lot fronting Nursery Road. It was stated an office complex buffers this property from residential uses. First Reading Ordinance 6442-99 - Relating to Building and Development Regulations; amending Appendix A, Schedule of Fees, Rates and Charges, relating to Sec. 47.084(4) In 1996, the City Commission approved adjustments to the building fee schedule, which generated an increase of $45,000, or approximately 5%, in projected revenues for FY 1996/97. 5 mws11a99 11/01/99 An ordinance allows permit fee increases to cover programs and services. Staff proposes an increase in building permit fees. Current and proposed fees were compared with Pinellas County and the City of Largo. The fee increase will: 1) raise customer service levels to include on-site, one-stop service with a self-help area featuring a computer, copier, etc., for building and inspection customers; 2) ensure code compliance with Community Development Code; and 3) collect data to determine performance measurement benchmarks. Enhanced services are dependent on revenues from an anticipated fee increase for new personnel to improve service levels necessary to meet dynamic redevelopment activity. Costs and resources are addressed in a separate item. It is projected the proposed 5% increase, along with escalated redevelopment, will generate at least $84,600 above revenues projected for FY 1999/00. Development Services Director Jeff Kronschnabl said the increases will be remitted to the general fund. Concern was expressed that provided examples were not exact comparisons. Mr. Kronschnabl said staff tried to present exact comparisons, even though the City does not charge a fire inspection fee. Building Official Kevin Garriott said impact fee increases are not contemplated. First Reading Ordinance 6436-99 - Relating to Occupational License Fees; amending Appendix A, Schedule of Fees and amending administrative fee charges In 1995, the City Commission adopted an ordinance that restructured and increased City Occupational License fees, under guidelines established in State Statute 205.013, et seq. as amended by a law signed into effect in 1993. The City Commission previously had appointed an Equity Study Commission to review and forward recommendations regarding the City’s Occupational License fee. Staff incorporated the committee’s recommendations into an ordinance, which was adopted by the City Commission. State law allows municipalities to increase Occupational Licensee fees up to 5% every other year after adoption of the ordinance to reclassify and revise the rate structure. The City adopted the first 5% increase in 1997. This ordinance accomplishes that task for 1999, and again meets the two-year provision. It is estimated the proposed increase will generate $80,000 of additional revenue. A portion of revenue increases was included in the FY 1999/00 budget. Concern was expressed that a number of businesses do not fit into a specific category. Staff will report on the number of City businesses that cannot be classified. It was felt the method is unfair to unclassified businesses and provides a disincentive for retailers to operate in Clearwater. The City Attorney said the City’s last opportunity to change the fee structure occurred in 1995. It was requested that the City request an Attorney General opinion regarding the ability to amend categories. Mr. Kronschnabl said additional positions are requested to verify if businesses are properly licensed. Planning & Development Administrator John Asmar said revenue projections from increased occupational fees were included in the FY (fiscal year) 1999/00 budget. While staff should have addressed this issue during the budget process, they had wanted to present an entire overview of needs. If not approved, the department’s budget will be cut by $80,000. He apologized for not bringing this issue forward earlier, but wished to focus on the policy’s merits. It was recommended that staff investigate which businesses do not have proper occupational licenses instead of raising fees. 6 mws11a99 11/01/99 Approve Four Full Time Equivalent Positions for Planning & Development Services Administration associated with increased services & fees, annual cost of $104,600 The Planning & Development Services Administration requests four additional FTE (full- time equivalent) positions associated with agenda items requesting occupational licensing and building permit fee increases. The department’s use of temporary help to meet service demands is not cost effective. Temporary employees are unfamiliar with technical issues and cannot meet customer demands adequately. During the past year, the department has hired and trained 12 temporary workers to fill the two Staff Assistant and two Customer Service Representative positions. The impact of related demands on FTE staff has been significant. Requested positions will increase department effectiveness and efficiency necessary to meet active redevelopment. Fee increases will cover associated costs. It is estimated new personnel and equipment will cost $104,562 annually. Revenue increases of $104,600 are anticipated in FY 1999/00: 1) $20,000 – occupational licensing enforcement increases; 2) $60,000 – 5% building permit increase; and 3) $24,600 – building permit redevelopment project increase above approved budget. It was felt this request should not be discussed until necessary funding is approved. Mr. Asmar said two independent audits indicate temporary staff does not meet customer needs nor are all appropriate revenues being collected. Fee increases are recommended to provide services that contractors demand. If positions covered by temporary staff are cut, customer service problems will increase. Mr. Kronschnabl said new staff will have technical expertise. Inspectors’ time is not well used when they input data instead of doing fieldwork. The new positions will assume data input efforts and free inspectors to be more effective and efficient. Presentation - conceptual revisions to regulations for Newsrack Design, as contained in Community Development Code, Sec. 3-909 The proliferation of newsracks contributes to visual clutter in tourist areas and along major roadways. In January 1999, the City Commission approved the new Community Development Code. New design guidelines require a 100-foot separation between newsracks with front-opening metal racks. New rules will enhance aesthetics by replacing large clusters of newsracks with receptacles featuring improved design standards. Since May 1999, staff has met monthly to discuss enforcement procedures with the Newsrack Group, a private coalition of local publishers of free and paid publications who distribute their publications through newsracks. Discussions considered alternative designs and suggested Code amendments related to design, location, and site placement. In her August 30, 1999 memorandum, Assistant Planning Director Cyndi Hardin addressed: 1) newsrack locations – one multi-stand free- and one multi-stand pay-rack may be located side by side, up to 8-feet in length. A 100-foot separation is required between groups of multi-stand newsracks; 2) newsrack height – staff supports increasing the maximum height to 55 inches; 3) newsrack setback –newsracks taller than 30 inches are to be setback 10 feet from the right-of-way; 4) historic buildings/ scenic vistas – newsracks shall not block views of historic buildings nor scenic vistas; and 5) compliance deadlines – top 30 locations to be in compliance by December 31, 1999, with balance of racks in compliance by June 1, 2000. The 7 mws11a99 11/01/99 Commission can adopt amendments during the six-month update of the Code planned for February 2000. Mr. Kronschabl said newsracks now feature too many colors and are poorly maintained. He recommended newsracks be bolted to the concrete for safety. Along with color consistency, proposed newsracks will provide safe sight lines for drivers, list a telephone number for customers, and be appropriately maintained, with records available for review. It was noted children could be concealed behind 55-inch high newsracks as easily as ones that are seven-inches shorter. Publishers expressed concern that newsracks could not always be located 10-feet from the right-of-way and have requested a flexible standard that allows an eight-foot setback where necessary. A model newsrack was presented. The back, facing the street, could feature designs and newspaper logos in sizes to be determined. Mr. Kronschnabl said a procedure to assign space had not been determined. The City Manager indicated some publications distribute in specific areas, such as USA Today on the beach. Mr. Kronschnabl said earlier attempts to consolidate racks had not incorporated industry input. Staff will return in January with recommended changes. CA LEGAL DEPARTMENT Second Reading Ordinances Ordinance 461-99 - Vacating 16-foot alley lying north of Drew Street and between Ft. Harrison Ave. & Osceola Ave., and City's recommended vacation of contiguous 16-foot by 30-foot utility easement, subject to applicant agreeing to accept ownership of sanitary sewer facilities existing in said alley and easement (Church of Scientology, V99-11) The applicant proposes to use the subject alley, easement, and adjacent property to construct a parking lot. The alley is not used by vehicular traffic and contains a sanitary sewer main and utility access portal. Staff recommends vacation of this alley and the contiguous easement, subject to the applicant agreeing to accept ownership of the existing sanitary sewer facilities is said alley and easement. Time Warner and GTE do not object to the vacation provided the applicant bears the expense of relocating their facilities to maintain service to customers affected by the relocation. Florida Power does not object providing the applicant pays for removing or relocating Florida Power facilities from the alley. Clearwater Gas System and GTE Median Ventures do not object to the request. Concern was expressed that the City not give away its property. The City Attorney said the request is for the City to vacate its easement, which is not owned by the City. Concern was expressed regarding the sanitary sewer line’s ongoing maintenance. Public Utilities Director Kevin Becotte said the City does not maintain easements abandoned for private use. The sanitary sewer line only services this property. Ordinance 6466-99 - Amending Appendix A of Clearwater Code of Ordinances by reducing application fee (from $365 to $100) for appeals to the Community Development Board 8 mws11a99 11/01/99 In 1992, the City Commission approved applicant fees for development projects under the previous Land Development Code. Upon adoption of the new Community Development Code in January 1999, staff chose to retain the existing fee structure for new applications. No history was available to identify the amount of staff time necessary to administer applications under the new Code. City costs are a prime consideration in establishing a fee schedule. Staff is reviewing the fee schedule, comparing charges by other municipalities, and evaluating staff time and advertising costs related to each type of application. Evaluation of applications fees will be presented during the six-month update of the Code. Currently, the Planning Director can approve an application for a flexible standard. The CDB (Community Development Board) hears appeals of this type of staff approved application. The $365 fee may block the appeal process due to its high cost. As an interim step, staff recommends reducing the appeal fee to $100. The new fee would apply to appeals of staff approval or denial of a flexible standard use or to appeal a staff interpretation of the Code. It was noted the City Commission will now hear appeals. Concern was expressed that the decrease is too large as $100 may not cover costs. The City Manager said while the fee may not cover City costs, staff did not want to deter neighbors from appealing decisions due to excessive costs. A $100 fee is sufficient to discourage frivolous appeals. Commission Discussion Items Annexation of Enclaves It was recommended annexations be voluntary when possible. Concern was expressed the cost and effort to annex the 146 identified properties may be too great. Additional information will be provided on Thursday. Procedure for reviewing Penny for Pinellas Project List The City Manager recommended the Commission approve a process to reallocate $12- million in Penny for Pinellas funds formerly budgeted for the Memorial Causeway bridge. Commissioners will provide the City Clerk with recommendations prior to discussion. Other Commission Action Mayor Aungst recommended developing email policies and procedures. Concern was expressed that recent newspaper articles alleged City Manager missteps. It was felt that trust had been undermined and the City Manager should consider moving on. It was stated that comments from other city managers were inappropriate, unprofessional, and out of line. It was noted that the City Commission directs City government actions. The City Manager said he was disappointed that city managers of abutting cities had misstated recent actions and felt the comments were unfair. Commissioner Johnson questioned survey conclusions from February 1999. The City Manager indicated the survey supported City direction. 9 mws11a99 11/01/99 Commissioner Hooper complimented downtown redevelopment at the Cleveland/Myrtle intersection with the construction of a new fence at Trickles and demolition of a former automobile dealership. Adjourn The meeting adjourned at 11:17 a.m. 10 mws11a99 11/01/99