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10/01/2001 CITY COMMISSION WORK SESSION CITY OF CLEARWATER October 1, 2001 Present: Brian J. Aungst Mayor/Commissioner Ed Hart Vice-Mayor/Commissioner Whitney Gray Commissioner Hoyt P. Hamilton Commissioner William C. Jonson Commissioner Also present: William B. Horne II City Manager Garry Brumback Assistant City Manager Ralph Stone 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. Employee of the Month Joe Lain, Marina Department, was presented the August 2001 Employee of the Month award. PRESENTATION Recognition of Parks and Recreation groups for City Hall landscaping work. Assistant Parks & Recreation Director Art Kader thanked Project Coordinator Millie McFadden and staff responsible for installation of the City Hall beautification project. ED ECONOMIC DEVELOPMENT Markopoulos Lawsuit Settlement Agreement Since Tony Markopoulos, owner of the Days Inn and other properties, filed lawsuits against the City and Clearwater Seashell Resort, L.C., the parties have held discussions in an attempt to resolve the pending litigation. The parties have reached agreement regarding the terms of a settlement agreement that will terminate the litigation, subject to approval by the City Commission. Major points of the settlement agreement state the Markopoulos development (hereinafter referred to as the "development") include: 1) a maximum of 465 resort hotel units and a minimum of 250 resort hotel units with other allowable uses such as residential, retail and other uses in the Tourist District subject to the approved Development Agreement; 2) no more than 250 units from the resort hotel bonus unit pool; 3) parking spaces as required by Code plus an additional 150 spaces; 4) an elevated pedestrian bridge across Coronado and an elevated bridge across realigned Gulfview; 5) exhibits indicating the development’s mws10101 1 10/01/01 conceptual site plan and architectural treatment; and 6) east side of project shall feature a two- level retail façade, which will "wrap" the parking structure. Other major point of the settlement agreement: 1) City to initiate amendment to appropriate local and regional plans to request an increase in the DRI (Development of Regional Impact) threshold to 750 hotel units as defined in State statutes; 2) Beach Walk and S. Gulfview improvements to be implemented consistent with conceptual diagram with two- lane, one-way section of S. Gulfview between the Pier 60 parking lot and the development’s south property line; 3) First Street and S. Gulfview to be vacated and Markopoulos will dedicate a "new street" between the development and Seashell project of no less than 80 feet in width; 4) Markopoulos to dedicate 18 feet from the east side of the development to add to Coronado right-of-way; 5) development to pay all costs of Beach Walk and S. Gulfview improvements along development’s west and north boundary with same reimbursement of costs as the Seashell project regarding construction of Beach Walk and S. Gulfview beyond development’s bounds; 6) Markopoulos to submit all required site plan and development agreement applications required for development approval; 7) City to be provided opportunity to pursue alternative parking garage options, which may lead to a reduction in Markopoulos and Seashell parking structures. (This item remains in dispute. Markopoulos has not agreed to this provision.); and 8) agreement expires if development does not commence construction by February 15, 2005. Assistant City Manager Ralph Stone said staff will work to increase the number of units from the DRI threshold. In reference to point 7, if the City obtains property to construct a parking garage, it wants to be able to remove two levels of parking from the Markopoulos and Seashell developments prior to either project pulling building permits. The City Attorney said she thought the Marriott Seashell project concurred with agreement terms. She referenced a new Markopoulos provision, requiring construction of an additional 250 parking spaces at City request. Mr. Stone said 465 parking spaces will be lost to Beach Walk construction. The additional Markopoulos parking requirement would result in a parking garage similar in size to one at the Marriott Seashell project and replace all displaced parking from the beach and Pier 60 parking lots. Mr. Stone reported the project will feature one 150-foot tower and two 100-foot towers. The seven-level parking garage will be 100 feet high. To break the building mass, notch cuts will provide interest and integrity to the façade. A Mediterranean revival architecture design is planned. Significant changes are expected as details are clarified. Currently, the City has 557 parking spaces: 1) 320 parking spaces on South Beach and 2) 237 at Pier 60. Proposed parking spaces: 1) 750 at Marriott Seashell project - 400 private - 350 public; 2) 50 in “eyebrow” spaces; 3) 865 at the Markopoulos project - 465 private - 150 public - 250 - City “Put”; 4) 70 remaining at Pier 60; and 5) 261 in private garages with 25% public spaces. Parking spaces without the “Put” and private spaces will total 620, for a net 63 spaces. Parking spaces with the “Put” and private spaces will total 1,086, for a net 529 spaces. It was recommended that a traffic study consider affects on Gulfview traffic. Regarding the Pier 60 parking lot, recommendations were made for a Gulfview egress, additional handicapped parking spaces and a drop-off area, and sufficient spaces to meet the needs of anglers, and Pier 60 park patrons and concessions. Staff will report on the mws10101 2 10/01/01 number of parking spaces proposed for the lot. It was suggested removing the southern row of parking would provide a sufficient buffer for the Markopoulos development. Mr. Stone said the agreement removes all Pier 60 parking, except for agreed upon spaces. He said egress onto Gulfview could restrict traffic flow. Widening Coronado to five lanes would improve traffic flow to south beach. Staff will provide an illustration of Gulfview with two lanes of traffic. Additional information regarding the proposed Pier 60 parking lot design was requested, including definitive numbers regarding need. It was stated beach rental equipment storage will remain necessary. Staff will report on Thursday regarding best/worse scenarios and options for south beach parking. Mr. Stone suggested a DRI would not require more than 350 parking spaces for 465 proposed units. The Markopoulos development would not be required to participate in any City project to construct parking spaces elsewhere. The City may choose to lease two levels, approximately 180 parking spaces, from the Markopoulos development. It was felt the building’s mass is too large and that a huge parking garage is not attractive. Mr. Stone said while public parking garages are exempt from design guidelines, they must meet Beach by Design requirements. At least 250 project units must be designated for resort hotel use. The project qualifies for a maximum 250 units from the resort hotel bonus unit pool. It adequate land is left over, the project could construct residential condominiums with no more than 30 units per acre. Discussion ensued regarding access and Beach Walk construction issues. Concern was expressed that plans had not been developed nor funding sources identified for Coronado expansion. Mr. Stone said before the design phase can begin, these projects must move forward or Coronado will have only one northbound, one southbound, and one center turn lane. It was stated that necessary infrastructure must be constructed before the project can move forward. The City Manager said infrastructure issues will be determined after project development is defined. Mr. Stone said Coronado capacity is adequate to handle proposed redevelopment. It was felt the Coronado and Hamden intersection will be problematic. Mr. Stone said a deceleration lane is planned for the garage. Staff will report on parking garage construction costs per space. Repayment for development costs of Beach Walk, the parking garage, and Gulfview will be via tax incentives over 25 years or less. The City Attorney said City Commission approval of agreement terms would dismiss the lawsuit with prejudice. Concern was expressed the agreement would permit condominiums to be constructed in a resort area. Pool units are limited to resort development. Mr. Stone said additional parking will be required if the Markopoulos development has more than two restaurants. Concern was expressed the project is too massive, packing too many units onto a small piece of property. It was noted most other Pinellas County resorts are smaller. Information was requested on ways the project meets Beach by Design. Staff will provide an illustration of the development, from both sides of Coronado. HR HUMAN RESOURCES negotiation of a health insurance contract Authorize the upon terms as contained in the United HealthCare response to RFP 51-01, with a 19% increase under a fully insured 01/01/02 - 12/31/02 funding arrangement for the contract period, for a total estimated renew the mental health/substance abuse and annual cost not to exceed $9,741,404; mws10101 3 10/01/01 EAP coverage contract to Bradman/Unipsych at an estimated cost of $159,820 for the 01/01/02 - 12/31/02continue the current funding strategy for HMO contractperiod; and Standard Plan at 100% for "Employee Only", 72% for "Employee Plus One", and 62% for "Employee Plus Family", with the same dollar amounts contributed to the other three plans (HMO Buy-Up, POS Standard, and POS Buy-Up) The contract with the City’s current medical insurance provider, United HealthCare, expires on December 31, 2001. In June 2001, the Benefits Committee, headed by the Human Resources Department, distributed a RFP (Request for Proposal) for medical insurance coverage. Respondents were: 1) United HealthCare; 2) Cigna; 3) Humana; and 4) Blue Cross Blue Shield. Humana withdrew its response prior to the interview process. The Benefits Committee evaluated the RFPs based on criteria: 1) benefits; 2) cost; 3) medical network disruption; 4) customer service; and 5) quality. The Committee also interviewed the respondents. Based on the ratings and interviews, staff and the Benefits Committee recommend awarding United HealthCare a one-year contract to provide medical insurance coverage for the calendar year, for January – December 2002. Additionally, staff recommends Bradman/Unipsych be awarded a one-year contract to continue EAP and mental health/substance abuse coverage for City employees and their covered dependents for January – December 2002. The current agreement with Bradman went into effect January 1, 2001 and guarantees the same rates and services for three years. This renewal would be the second year of the guarantee. For FY 2002, the City has budgeted $6,414,400 for the City’s share of medical insurance coverage and EAP/Mental Health/Substance Abuse coverage. The City’s estimated share of these expenses for FY 2002, which covers three months of the current contract and nine months of this proposed contract, is $6,665,286. The difference between budgeted and actual costs, estimated to be $250,886, will be paid from the Premium Stabilization Fund. Costs related to this contract for coverage from October – December 2002, estimated at $1,731,293, will be budgeted as part of the FY 2003 budget. Staff also recommends maintaining the current funding strategy for City contributions to health care (HMO Standard at 100% for “Employee Only,” 72% for “Employee plus One,” and 62% for “Employee plus Family,” and the same dollar amounts applied to tiers in the HMO Buy- Up, POS Standard, and POS Buy-Up plans). Staff based this recommendation on the evaluation of seven area benchmark agencies, which indicates the current strategy would place the City second out of eight for employer dollars contributed in the tiers (“Employee Only,” “Employee plus One,” and “Employee plus Family”). It was requested that Thursday’s presentation list Cigna’s estimated costs for 2003. Curt Gehring, of the Gehring Group, said a significant increase in the Cigna contract is anticipated. Human Resources Director Paul O’Rourke said multi-year contracts are not available. It was recommended that staff pursue as many options as possible. The importance of open access to health care was stated. LIB LIBRARY mws10101 4 10/01/01 revised designMain Library Approve of new On September 20, 2001, Robert A.M. Stern, design architect for the new Main Library, presented the project’s revised design, which addressed City Commission concerns expressed at the July 11, 2001, special Work Session. Concerns and solutions included: 1) significant distance from front entrance to north end elevators raised accessibility concerns for wheelchairs, strollers, etc. - elevator added near main entrance; 2) lack of visual interest along first floor façade for Osceola Avenue pedestrians - wall space for exhibiting art located opposite windows in long hall east of meeting rooms and pre-function area moved north to become small gallery space - window added at gallery end to provide pedestrian views of gallery and café; 3) difficulty in dropping off patrons - drive-up patron drop-off and set of south-facing entrance doors added; and 4) for functional reasons, moving computer lab to third floor and young adult area to second floor - spaces moved. Staff recommends approval. Library Director John Szabo expressed concern the Liberty Tree may have to be moved to provide it a prominent location. The project remains within budget. All building materials discussed during Mr. Stern’s presentation are contingent upon the budget. MR MARINE Ord. #6905-01 First Reading to allow traffic reporting aircraft an earlier takeoff time at Clearwater Airpark only Amending Section 4.23 will allow traffic reporting aircraft to takeoff as early as 6:00 a.m. from the Clearwater Airpark. This is an addition to the established curfew time for all other aircraft, which is 7:00 a.m. This change is necessary to continue fiscal viability and operation of the Clearwater Airpark for the FBO (Fixed Based Operator), due to the closing of the Suncoast Flying Services business based at the Airpark. Marine & Aviation Director Bill Morris reported FAA rules since the terrorist attacks have shut down the Airpark’s flight school and halted most aviation uses, which impact fuel and maintenance sales. The proposed user will operate a maximum of three aircraft. Staff has discussed the issue with neighbors at both ends of the airfield. Two people were responsible for 124 of 141 complaints received since January. The proposed change will preserve 5 or 6 jobs. Mr. Morris said the intent was not to change the hours of operations. Concern was expressed a precedent not be established. It was noted there had been little response from more than 130 letters hand-delivered to neighbors of the runway. It was stated most complaints related to student pilots. Mr. Morris recommended approval for this business only. The business flies quiet, single-engine Cessnas and currently uses an out of area general aviation airport. PR PARKS AND RECREATION All American Concrete, Inc. Contract with of Largo, Florida in the amount of $198,939.01 Jack Russell Stadium Infrastructure Repairs for , and authorize additional funding of mws10101 5 10/01/01 $40,000, to be provided by a first quarter budget amendment from the unappropriated retained earnings of the General Fund In July 2001, the City Commission approved the establishment of a capital improvement project “Jack Russell Stadium Infrastructure Repairs” and $300,000 in initial funding to address necessary emergency structural repairs. Emergency inspections and repairs were authorized and performed for a cost of $135,926. The City now has received bids to complete the necessary repairs prior to the 2002 Spring Training season. All American Concrete, Inc. submitted the lowest responsible bid of $198,939.01, leaving a $34,865.07 shortage in capital project 315-93242. Staff requests the City Commission to award the repair contract to All American Concrete, Inc. and to approve additional funding of $40,000 to ensure sufficient funding through completion of the project. Work will be completed within 30 days of its commencement. Assistant Parks & Recreation Director Art Kader said the 90-day project must begin by November 1, 2001. Public Works Director Gary Johnson estimated repairs would last up to 10 years. Staff will begin to inspect the stadium on a bi-monthly basis. reallocation of contract funding Approve from the Gateway to the Beach Landscape two FTEs Areas to allow addition of (full-time equivalents) to the Parks and Recreation beach maintenance team The current landscape maintenance contract for the Gateway to the Beach Project expired on September 30, 2001. The contract amounts to $48,000 for basic service and $19,200 in contingency funds. Staff has analyzed data to determine if contracting this service is cost effective. Staff analysis indicates an additional two FTE (full-time equivalent) Park Service Technician I positions, costing $46,200 for salary and employer benefits, plus the transfer of $21,000 to certain support operating codes would improve maintenance: 1) increase maintenance service visitation from 3 to 5 times per week; 2) increase communications/response time to landscape/ property emergencies; 3) increase electrical responses for decorative lighting problems; 4) decrease weed competition, maintain adequate moisture levels, and provide a pleasing view between plant materials, by servicing the project after significant rain, when it floods; 5) improve water management operations and irrigation efficiency; 6) increase care and maintenance of site furniture exposed to harsh elements; and 7) savings to be evident by increasing preventive maintenance measures, increasing visual quality, and maintaining quality dollars now and in the future. The City no longer will need to expend extra efforts and money to make up for lost time due to intense demands of this high profile landscape. If approved, City maintenance would be effective October 1, 2001, and be supported by the Parks & Recreation Department’s “Beach Team.” Mr. Kader said the positions would landscape the area west of Bridge 43, through the roundabout. The roundabout fountain is maintained by separate contract. The City does not have a current contract for landscape services. It was felt the request should be delayed until the roundabout design is modified. Concern was expressed the proposal adds City employees. It was suggested the contract be extended until the landscape design is final or rebid after completion of the new design. mws10101 6 10/01/01 Consensus was to contract subject work for the next year. PW PUBLIC WORKS McKim & Creed, P.A. Contract with , Clearwater, Florida, in the amount of $198,000. for Water Pollution design, programming, and construction inspection services for the Control (WPC) Supervisory Control and Data Acquisition (SCADA) System Improvements This project provides for the planning, design, software, computer integration, and PLC (Programmable Logic Controller) programming to upgrade the SCADA (Supervisory Control and Data Acquisition) system to current technology at the City’s wastewater treatment facilities. The modernized system will link the three facilities and Public Utilities into a network, monitor plant processes, and provide detailed data collection and a regulatory reporting system. SCADA system upgrades will improve record keeping, allow faster response time to emergencies and permit compliance issues, and improve significantly plant process tracking, which will result in effluent water quality improvements. McKim & Creed, P.A. designed the original SCADA and computer systems used by the City’s wastewater treatment plants and designed SCADA system additions under construction at the Northeast Plant. As the SCADA systems will be linked to the plant computer systems, staff chose McKim & Creed due to their extensive background and knowledge of the current SCADA and computer systems. McKim & Creed is a City Engineer of Record. The project schedule starts with design in October 2001, construction in July 2002, and will be completed in February 2003. On March 1, 2001, the City Commission approved Resolution 01-07 to establish City intent to reimburse certain project costs incurred with future tax-exempt financing. Projects identified with 2001 revenue bonds as a funding source were included in the project list with Resolution 01-07. Concern was expressed regarding software abilities. Information Technology Director Dan Mayer said the custom system will be run on Oracle and provide sufficient documentation to meet staff needs. The program is being rewritten. renaming Authorize initiating the process, changing North and South Greenwood Avenue Martin Luther King, Jr. Avenue to The Clearwater/Upper Pinellas County Branch of the NAACP has requested the City rename a prominent cross-town street after Martin Luther King Jr. Streets suggested included North and South Greenwood avenues and Drew Street. Staff determined the change would impact 526 businesses and residences on Drew Street or 284 on North and South Greenwood avenues. Staff recommends renaming Greenwood Avenue between Harbor Drive and Belleair Road, on the south. The name change would be implemented over two-years to minimize impacts to businesses and residences. Due to the City’s street addressing system, it will be necessary to maintain the North and South designations. To prevent two streets from having the same name, staff also recommends renaming the current Martin Luther King Jr. Avenue its mws10101 7 10/01/01 original name, Douglas Avenue. The estimated cost to install new street signs is $5,000. If authorized to proceed, staff will bring a resolution to the City Commission for approval to implement the name change. City Engineer Mike Quillen said the change would need to be submitted to the Post Office, public utilities, and City departments such as Police and Fire. Staff will discuss with the City of Largo the portion of the road that extends into that City. Additional public input was recommended. The City Manager said staff had not received organized feedback and is aware of concerns of South Greenwood residents as chronicled in the newspaper. He suggested the City Commission hold a public hearing before approving the renaming process. It was noted the community had requested this change. Center of the Roundabout Presentation -- Options and Estimates for the The Chair reported the CBA (Clearwater Beach Association) has moved forward with its design contest related to the center of the roundabout. Member Wagonfohr has been appointed to the panel, which will judge submissions. He will not be representing CBEAC (Clearwater Beach Entryway Advisory Committee) opinion. Public Works Administrator Mahshid Arasteh reviewed options and estimates for the center of the roundabout: 1) redesign fountain; 2) replace fountain with water feature; 3) replace fountain with sculpture; and 4) replace fountain with landscaping. The center of the fountain is constructed on fill. Discussion ensued regarding pedestrian concerns related to all designs. An estimate of annual maintenance costs for each option was requested. It was felt that redesign options use potable water and are similar to the current design. Ms. Arasteh said drivers could view the proposed reflecting pond over the two-foot wall. A wrought iron fence would deter pedestrian access. An estimate of cost was requested to design a landscaping element in the center of the fountain. Concerns were expressed regarding pedestrian movements. Ms. Arasteh said a reflecting pool as wide as the fountain would discourage pedestrian traffic. Staff will report if a fence is required. The CBEAC recommended the reflecting pond be 18 inches deep to avoid excessive evaporation. The Committee did not support modifying the current fountain. Mr. Johnson said razing the center of the fountain would destroy its structural integrity. It was felt proposals do not address the perceived canyon affect caused by fountain walls. Recommendations were made for drivers to be able to see across the fountain, for a wall of shrubs to fence the roundabout’s perimeter, and that the center not resemble a picnic ground or oasis. Support was expressed for a water feature or large American flag. Staff will submit the CBA submittals when available. CLK CITY CLERK mws10101 8 10/01/01 Scheduling special worksessions for visioning update and advisory board discussion City Clerk Cyndie Goudeau said a Special Work Session needs to be scheduled for a visioning update and to discuss advisory boards and the Downtown Development Board. It was recommended the visioning update be delayed until after the new Commission is seated. It was stated the City Manager’s evaluation needs to be based on criteria approved by the City Commission and cannot wait for a visioning update. It was recommended a quick visioning session could be scheduled this year. CA LEGAL DEPARTMENT Aquamarine versus the City The City Attorney requested an attorney/client session regarding Aquamarine versus the City be scheduled for October 4, 2001, at 5:15 p.m. Consensus was to so schedule. City Manager Verbal Reports The City Manager reported taping the Neighborhood Leader’s Forum at the Harborview Center will cost more than $2,000 and cannot be broadcast live. It was felt forum attendees represent the backbone of the community. Consensus was to tape the forum for later broadcast. The City Manager reported Herb Brown and his son had presented a large American flag and pole for the veterans park at the base of the bridge. Commission Discussion Items Direction regarding City Manager and City Attorney Evaluations The City Attorney said the Charter is not specific regarding the evaluation process but requires it take place annually in October. Commissioner Jonson: Request to attend Florida League of Cities Legislative Conference Consensus was to approve Commissioner Jonson’s attendance at the Florida League of Cities Legislative Conference on November 15 and 16, 2001, in Orlando. Other Commission Action Commissioner Hamilton complimented efforts by the Mayor and Representative John Carassas regarding delegation agreement between the Florida Department of Environmental Protection, Pinellas County, and Pinellas County Construction Licensing Board related to the CCCL (Coastal Construction Control Line). Pinellas County is the only Florida county with local jurisdiction over the CCCL. The City Attorney said staff is reviewing the document. mws10101 9 10/01/01 Commissioner Gray distributed MPO (Metropolitan Planning Organization) documents related to characteristics attributable to pedestrian friendly communities. Commissioner Jonson reviewed PSTA (Pinellas Suncoast Transit Authority) action to reduce route 80 trips; requested the Jolly Trolley publish operation schedule; said Main Street Joint Venture is designing signs unique to Downtown Clearwater; is working with Forestry Department to retain Downtown trees; said efficiencies from technical investments can be used to meet other needs; encouraged Code Enforcement to partner with other departments to address structure issues and reduce Police responses to homeless issues; distributed Gateway area photographs, noting a mix of beautiful and challenged homes. Commissioner Jonson and Mayor Aungst expressed concern regarding information in this morning’s newspaper. The Police Department writes tickets to address compliance issues, not to raise money. Adjourn The meeting adjourned at 1:22 p.m. mws10101 10 10/01/01