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01/06/1997 (2) ,..\.~.y ,,'t:~i, '~c'~"~/:'~h. ,"'+,' . . "lc .,"T:/, I:: . c ..~. \~ , . . ~ , , , " , ; , ' WORKSESSION .. ~ '.~ . \' , , ..:,' , ':,~. "1' , -.CityCommission Worksession Minutes ~::. . Ct , ,~. : r " "':~.::~ .~;.... ;.'.'''' it~:\ :,,', " ~t'~< :"~;,.,,C ';~ . t::;\'::., ~~~,:> .:: it.., ':: ' :1 , ,.....c .\'.~ ;(,':, ' '.. ~'.~ " " '.' I j 1 i \ :. ,lc c , , ' " , ~ , .; ., :'Date'" ,', ' jj ." ! ~ . . . , I. " . ' , . , I I ! , , :ct . ."i;'. ' 'I' ; , , .. , , ~~~:/r~~~,~'dI~::~'i~~~t..~.c:l:~,{t;~::"~';-~" ,;,::~ ':"~..f.~;), <. !,;,~..,. .,~.. ~ ',~ ,~...... , ~ .... ."-~..~: ~ 41''' ,'U , . . ": :..~ ~, . \ ~, ' " . ' . .. t ':'; -; ~:,. , , I " c ~ ~ ~ - ~ .~\; ':;!:i";C'''':::,;;i:. ,;:.~.:;~:' /.': :.<~/:; :,:. ,.:' >, .:; ':, ".', : '/:, ;~'::';li>; . I.~.,. ~I~,' \'.'1" .: :':~'i :'X~;":{.~'>;':' , ' ..', Present: Rita Garvey J. B. Johnson Robert Clark Ed Hooper Karen Seel Elizabeth M. Deptula Kathy S. Rice Bob Keller Pamela K. Akin Cynthia E. Goudeau Patricia O. Sullivan Mayor/Commissioner Vice-Mayor iCommissioner Commissioner Commissioner Commissioner City Manager Deputy City Manager Assistant City Manager City Attorney City Clerk Board Reporter '(~ CITY COMMISSION WORK SESSION CITY OF CLEARWATER' January 6/ 1997 The meeting was called to order at 9:00 a.m. at the Main Libr~ry, Adler Room. Service Awards - None. The Commission recessed from 9:00 to 9:03 a.m. to meet/as the Pension Trustees and from 9:03 to 9:37 a.m. to meet in' attorney/client session regarding Charles and Brenda , Walter versus Pinellas County, the City of Clearwater, et al. .,~ The City Manager reported due to planned renovations, staff is in the process of .\:~~,) moving out of City Hall today to the former Chamber of Commerce building next to the Main Library. During this temporary relocation, the building will be called the "City Offices." Telephone numbers will not change. ED ECONOMIC DEVELOPMENT Contract to purchase a vacant parcel. south % of Lot 31. Palm Park (Add" to Clearwater) in the amount of up to $35,000 from Ramon Curtis, at al plus expenses for a total of $38,975 As part of a strategy to improve the North Greenwood area environment, Economic Development recommends purchasing the subject vacant parcel for district wide parking. The North Greenwood Avenue property is approximately 14,250 square feet large and was appraised at $35,000. Other expenses of $3,975 include $1,500 for an appraisal, $2,400 for a Phase I and Phase II environmental report, and $75 for a title search. Constructing the parking lot will cost approximately $65,000. Economic Development Director Alan Ferrj said the owner has consented to sell the property for the appraised value. The proposed 40 -45 space parking lot will alleviate district redevelopment problems. Concern was expressed the land cost is high. Mr. Ferri said downtown property is twice as expensive. The cost of the parking lot includes design, water detention needs, etc. He said neighborhood businesses cannot expand and outside' I'" JI .,;r mws01 a.97 1 01/06/97 I l t ~ 'T ~" ,'- . ~ . J ACQuisition of real estate for future economic development located at 1006. 1008 and 1010 Garden Avenue, J.J. Eldridge Sub, Blk C, part of Lots 27-29, from AmSouth Bank and payments of assessments and back taxes for a total of $1 ,062.73 On July 18, 1996, the City Commission approved the FY (fiscal year) 1996/97 Consolidated Plan to increase home ownership opportunities, targeting residents of public housing and those with special needs. Purchase of the 0.69 acre property West of vacated Tioga Avenue and East of "Clearwater Roofing" will enable the development of a single- family housing project that makes affordable housing ownership opportunities available to low to moderate income households. The City, CHA lClearwater Housing Authority), CNHS (Clearwater Neighborhood Housing Services, Inc., and TBCDC (Tampa Bay Community Development Corporationl will work as partners to plan, develop, and market the project. The City and local mortgage lending institutions also will work as partners to provide affordable financing for this development. Mr. Ferri said staff is working on options to buy other property and eventually develop 45 houses. This property will hold approximately 7 houses. Partners in Self Sufficiency also plans to participate. The property will need to be rezoned from General Commercial. The development will back up to Clearwater Roofing. ,,ml~ \~ :.i~ Discussion ensued regarding a large discrepancy between the two appraisals. Mr. Ferri later indicated a paperwork mix-up had occurred. The $35,000 appraisal included in the packet referenced another agenda item. The City Manager stated both the January 1996, original appraisal and the November 1996, review valued the subject property at $80,000. AmSouth Bank, formerly National Bank of Clearwater, has offered to donate 3 vacant lots in lieu of $650 in City assessments for lot clearing. The bank requests the City pay $41 2.73 in real estate taxes due for 1 996. Professional fees of $ 500 for appraisals, $1,000 for environmental assessments, and $250 for title searches have been accrued for a total of $1,800, increasing acquisition costs to $2,812.73. These properties, valued at a total of $51,500, will be held in the City's land bank for future economic development and enable the City, in cooperation with CNHS, to enhance economic development in the North Greenwood Commercial/Business District. v mws01 a.97 2 01/06/97 I I I [ . ~ I I I I t l Concern was expressed that future rezoning proposals consider the need to preserve areas for low income home ownership. Mr. Ferri reported the lots currently are zoned Infi1l Commercial. He did not anticipate any environmental problems on the subject lots, noting the 1/4 acre is if' the designated Brownfield area. FD FIRE } ~.' FN ' FINANCE I' ~ I First Reading Ord. #6109w97 - adopting 1992 Edition of the Fire Prevention Code of the National Fire Protection Association, NFPA~1 Florida Statue, Chapter 633, mandates the City adopt and enforce minimum fire safety standards. The 1987 Edition of the NFPA-1 INational Fire Protection Association) is current code. Staff reviewed the 1992 edition of the NFPA-1 to verify consistency with City goals and objectives. Existing amendments in Section 17.33 of City Codes are continued in this Ordinance. Language regarding Fire Lanes was modified for clarity. Sections regarding fire sprinklers in existing buildings in the 1992 NFPA-1 were deleted to conform with Pinellas County Construction Licensing Board actions. Approval will bring the City into consistency with the Pine lias County Fire Authority which has adopted this Code, thereby applying uniform fire safety standards throughout the Clearwater Fire District The City Manager noted the proposal includes certain exceptions to the 1992 NFPA- 1. In response to a question, Fire Prevention Inspector Jeffrey Daniels said the updated code requires the installation of hydrants in new' mobile home parks but does not require installation retroactively. Concern was expressed regarding the distance between fire hydrants in local mobile home parks. "''(,~ ( ,~ ....( . . " Agreement with Anthem Life Insurance Company; accept $444.449 refund plus interest from Anthem Health / Gulf Life Policy #5437 and deposit such funds in Premium Stabilization account in the Self Insurance Fund From May 1, 1986, through December 31, 1990, the City had accident and health insurance coverage with Gulf Life, which now is known as Anthem Health due to a series of mergers and purchases. The policy, a retrospectively rated account, has produced an account balance of $444,449. Claims paid on this policy since cancellation: 1) 1991 - $268,173; 2) 1992 - $19,639; 3) 1993 - $4,331; and 4) 1994 - November 1996 - $276. hlterest will be paid on the balance until remitted to the City. Interest of $72,391 has accrued through November 1, 1996, and will continue to accrue until remitted. Staff and Tom Richarme, the City's health insurance consultant with Wittner Companies, agree City exposure to future claims is minimal The City Manager said the funds will be deposited in the Insurance Premium Stabilization fund, increasing its value to approximately $4~million. In response to a question, Fiscal Manager Margie Simmons said staff wanted to be certain liabilities were minimal before accepting the agreement. Staff negotiated for the Interest accrual. It was suggested future agreements be finalized earlier. Risk Management Director Leo Schrader said the Cobra insurance plan can extend liabilities for 36 months. He recommended not finalizing agreements before then. It was noted the insurance company will not refund money to the City until they know no more claims will be filed. Staff will review to see if other such policies exist. v mws01 a.97 3 01/06/97 \ l i I r I Approve $163.075.27 payment for wage loss benefits (including principal, penalties & interest) to Thomas Pearson for the period 07/14/89 -03/24/96 /" \:'. w On October 17, 1985, Claimant Charles Kimball, a former city police officer, sustained a work-related back injury for which he receives a work-related disability pension. To date, the City has paid him workers' compensation benefits totaling $187,000. The City's excess insurance policy with ISL (International Surplus lines) has a $100,000 self- insured retention. The policy also provides that certain legal expenses are reimbursed only at the end of the claim. ISL's settlement offer was made in response to a $50,397 Request for Reimbursement from Risk Management, representing $150,397 in reimbursable payments less the deductible. Staff anticipates payment in excess of $40,000 for future medical benefits to Mr. Kimball. Accepting this offer would preclude the City from making claims against 15L for future workers' compensation payments to Mr. Kimball. I, I ~' On November 8, 1995, the Claimant, a former City firefighter, sustained a work- related back injury for which he was awarded a work-related disability pension. Prior to the Florida Supreme Court decision in Barragan v. City of Miami, 545 So. 2d 252 (1989), the City did not pay both workers' compensation and pension benefits, relying on an old Section 2.410 of the City Code which stated, "Except where an employee is receiving medical payments, no employee shall receive any pension provided under this division while such employee is receiving benefits from the workers' compensation act." The.B.a.rr.a.Q.a.D case holds that an employer may not offset workers' compensation payments against an employee's pension benefits. The total of the two cannot exceed the em'ployee's average monthly wage. In the subsequent case of City of Miami v. Burnett, 596 So. 2d 478 (1992), the District Court of Appeal (First District of Florida) held that the Barragan case is retroactive to July 1, 1973. ' ~'.'t ." , .' , , I.',' : ~. . ',. , , '. . ,i;'c.: '." ~ .~. - '. " , ~ , . '., Prior to the Barragan case, the City's third party administrators stopped paying workers' compensation benefits when they received notice that the employee had retired on a job-connected disability pension. New claims being asserted for past due benefits are boing reviewed in light of the Barragan and Burnett decisions and other applicable court decisions. When appropriate, both workers' compensation benefits and pension benefits now are being paid to former City employees who retired on job-connected disabilities. " ".,' ':(. ..1' ',.,' ~, '. .~: " <~) An in-house review of Mr. Pearson's workers' compensation claim file revealed the Claimant was not paid wage loss benefits subsequent to the Barragan decision. Staff calculated the Claimant is due $163,075.27 for back workers' compensation benefits, penalties, and interest. ';:'.~> '''', .. <' .... " Noting the high cost of City liability, it was questioned if these decisions had been challenged. Risk Management Specialist - Workers' Compensation Jon Marcin said the rulings have been upheld numerous times. In response to a question, Mr. Marcin said staff is reviewing personnel files to discover if other cases are pending. As the City is required, by statute, to pay 12 % interest on back benefits, it is best to discover pending cases promptly. He estimated two similar cases may be pending. ~'\ .';..,', :.:....:. ....:.. ,- '. . :~:\r . ~" J- , .. ~ '.'j' ," l( ., I'. Authorize City staff to refuse settlement offer of $36.888 from InternatiQnal Surplus lines Insurance Company for a complete release of any reimbursements due the City under policy #GP-57192, for workers' compensation benefits paid or to be paid hereafter to Charles Kimball , , , , ':.', .~I , ' " , .10. ., '. ~:" : ~~. ~. .~.~ ~ ; ," . , . " ....j 'f., ~ ;.:\~' , .\':':. ,., I ':...! ....- ~ ' : '. mws01 a.97 4 01/06/97 ,"..' '.:. " -,f " ~ . I. .',.' :. L ',:..). . . ~ ." , . l.:':,",1 . ~""" .....:~:..::.'...... .'; .,1':::. .. 'I, .'." '..>'"..~;.' ';'" ~"_',' '.: ...'..'~.L':..'.;.,:.';...'..,.~.;I~.(~..:.':~.I.:~:.~.,..... :"'1: .....~:'.,:...~ Mr. Schrader said CorVel is best able to p~ovide workers' compensation medical services to injured employees. Costs will be offset by PPO (Preferred Provider Organization) savings through negotiated discounts. In response to a question, he said Prudential did not bid. Most traditional insurance companies are not in the workers' compensation market which must provide 24~hour coverage. He said employees who object to using this managed care may litigate. CorVel's list of physicians differs from Prudential's. Pharmacy needs will be provided separately. Mr. Marcin did not think employees will notice this change. It was suggested staff try to combine worker's compensation medical coverage with regular health coverage when the City negotiates the next health insurance contract. ~ In response to a question, Mr. Marcin said this case has been settled for the medical indemnity. Mr. Schrader stated under the old law, the City could not settle medical costs. Under the new law, the\, can. Approve $23.000 payment to William Yanger. Jr.. Attorney, for fee for all workers' compensation benefits he obtained for his client, Charles Kimball William Yanger, Jr., attorney for Claimant, Charles Kimball, has filed a claim for an attorney fee for securing indemnity benefits of $139,919.04 paid to Mr. Kimball. The Florida Workers' Compensation Act provides for payment of an attorney fee by the employer when benefits are obtained by the efforts of an attorney hired by a claimant. The City's outside counsel, Fowler, White, Gillen, Boggs, Villare, and Banker, negotiated Mr. Yanger's attorney fee. In response to a question, Mr. Marcin said this agreement will settle this claim except for potential medical costs.' The City Attorney reported the City is not insured to cover this expense. An account balance of available assets was requested. Ratify and confirm contract for managed care services for City employees suffering iob~ connected injurie...s.' covered by workers' compensation as needed by the City to CorVel Corp., for an amount now estimated to be less than $25,000 annually ..,-n) , ' '. .,'~' . ~',... Effective January 1, 1997, the State mandated all Florida employers provide workers' compensation medical services to injured employees through a managed care arrangement. This new expenditure of funds will be an ongoing annual expense. The annual cost is difficult to estimate and will depend upon the City's use of CorVel's network and the services needed and purchased annually by the City. The City will receive 70% of the discounts negotiated by CarVel with its medical providers from the Florida workers' compensation fee schedules. Due to these discounts, the City's cost for using the CorVel medical network and managed care services could be zero. However, based on projected use, it is anticipated the annual cost will be less than $25,000. GAS GAS SYSTEM y Bes. #97~05 - authorizing certain Clearwater Gas System officials to sign applications for FOOT permits mws01 a.97 5 01/06/97 !' ! f I r I: \ Mr. Schrader said CorVel is best able to provide workers' compensation medical services to injured employees. Costs will be offset by PPO (Preferred Provider Organization) savings through negotiated discounts. In response to a question, he said Prudential did not bid. Most traditional insurance companies are not in the workers' compensation market which must provide 24~hour coverage. He said employees who object to using this managed care may litigate. CarVel's list of physicians differs from Prudential's. Pharmacy needs will be provided separately. Mr. Marcin did not think employees will notice this change. It was suggested staff try to combine worker's compensation medical coverage with regular health coverage when the City negotiates the next health insurance contract. ,~ In response to a question, Mr. Marcin said this case has been settled for the medical indemnity. Mr. Schra'der stated under. the old law, the City could not settle medical costs. Under the new law, they can. Approve $23.000 payment to William Vanger. Jr.. Attorney, for fee for all workers' compensation benefits he obtained for his client, Charles Kimball William Yanger, Jr., attorney for Claimant, Charles Kimball, has filed a claim for an attorney fee for securing indemnity benefits of $139,919.04 paid to Mr. Kimball. The Florida Workers' Compensation Act provides for payment of an attorney fee by the employer when benefits are obtained by the efforts of an attorney hired by a claimant. The City's outside counsel, Fowler, White, Gillen, Boggs, Villare, and Banker, negotiated Mr. Yanger's attorney fee. In response to a question, Mr. Marcin said this agreement will settle this claim except for potential medical costs. The City Attorney reported the City is not insured to cover this expense. An account balance of available assets was requested. Ratify and confirm contract for managed care services for City employees suffering iob- ponnected injuries covered by workers' compensation as 'needed by the City to CorVel Corp., for an amount now estimated to be less than $25,000 annually ,: /,i'~ . \ ~~.'i;J Effective January 1, 1997, the State mandated all Florida employers provide workers' compensation medical services to injured employees through a managed care arrangement. This new expenditure of funds will be an ongoing annual expense. The annual cost is difficult to estimate and will depend upon the City's use of CorVel's network and the services needed and purchased annually by the City. The City will receive 70% of the discounts negotiated by CorVel with its medical providers from the Florida workers' compensation fee schedules. Due to these discounts, the City's cost for using the CorVel medical network and managed care services could be zero. However, based on projected , use, it is anticipated the annual cost will be less than $25,000. GAS GAS SYSTEM ,y Res. #97-05 - authorizing ce'rtain Clearwatar Gas System officials to sign applications for FDOT permits mws01 a.97 5 01/06/97 I I. f' MR MARINE ~ Many eGS (Clearwater Gas Systeml projects in Pinellas and Pasco counties are in , FOOT (Florida Department of Transportation) rights-of-way requiring FOOT permitting. ~rojects include gas main and service line installations, gas main relocation, road crossings, etc. The approximately 75 FOOT permit applications prepared annually by CGS require appropriate authorization on behalf of the City. This resolution and the associated FOOT "Certificate of Incumbency and Authority" will allow appropriate CGS management personnel to process FOOT permit applications on behalf of the City promptly. CGS Managing Director Chuck Warrington stated two documents were merged and some language changes are needed. A revision will be distributed by Thursday. Lease Agreement with Thomas C. & Patricia A. WolkQ..wsky d/b/a Marina RestaJ.lliUlt, for the period 01/9/97 -01/08/02, plus 10% of yearly gross sales exceeding $200,000 with an additional 5' year option, with 5 % increase in 2002 On October 1, 1991, Edward and Ursula Matallo entered into a 5-year lease with the City for the Marina Restaurant. On April 8, 1996, Thomas and Patricia Wolkowsky purchased the restaurant. When the Lease Agreement expired on September 30, 1996, Mr. and Mrs. Wolkowsky were placed on a month-to-month basis. As a condition of a new Lease Agreement, the City required major renovations be made to the restaurant. :";'/-.;:, During the past 4 months, Mr. and Mrs. Wolkowsky have obtained a renovation , "",,~. design, cost estimates, and financing. They hired Fowler Associates Architects, Inc. to develop the design plans for interior renovations. Kirk Construction & Development has submitted a $39.190.96 proposal to complete the work. Renovations include new floor tile, new counter resurface, a new air handler, a commercial media air cleaner with absorber kit to remove cigarette smoke, a new door on the North wall, outside wrought iron fencing, a new window, painting the kitchen, bath, and dining area, electrical upgrade, plumbing, new booths with tables, and other improvements. The Economic Development loan committee has approved Mr. and Mrs. Wolkowsky for a $35,000 small business loan to pay for renovations. The lessee will make up the difference for renovation costs out of pocket. As Mr. and Mrs. Wolkowsky are making a major investment to renovate the space, the lease includes a 5-year option with a 5% increase on January 9,' 2002. According to Measure Masters Floor Planning & Blue Print Service, the restaurant has 1,270 square feet. The new lease increases the rent from $1,300 to $1,428.75, or $13.50 per square foot. The lessee also is required to pay 10% of yearly gross sales exceeding $200,000. Starting January 1, 1999, a CPI (Consumer Price Index) increase is included each year of the lease. \f The Harbormaster will be notified in writing when renovation work starts and when it is completed. The contractor is required to have all permits and be bonded in an amount equal to 100% of the cost of construction. During construction, which is estimated to last 30 days, rental payments will not be required. From the date of execution of the lease, the lessee will have 60 days to complete all work. If improvements are not completed and mws01 a.97 6 01/06/97 ! I i [, , PR PARKS AND RECREATION ,~ properly permitted within that time frame, the lease will be terminated and the lessee will have 30 days to vacate the premises. The lease includes a $85,725 personal guarantee from the lessee. Any changes, additions, or modifications to the menu must be approved by the City, whose consent shall not be withheld unreasonably. Allless8e employees will be required to park their private vehicles in the Memorial Civic Center parking lot or other parking area designated by the Harbormaster. The lessee is required to pay all taxes, insurance, utilities, and maintenance of the space throughout the term of the lease. In response to a question, Harbormaster Bill Held indicated the Wolkowskys did not object to providing the City with a copy of their menu. This requirement is not a standard condition. He reported the restaurant had sales slightly over $204,000 last year. Business has increased since the change in ownership. The restaurant provides the City with their sales figures but the City has the ability to audit. Mr. Held will report on the interest rate to be charged on the loan. The restaurant has a beer and wine license. Mr. Held reported there are no concerns about asbestos. The City Manager indicated a small outdoor seating area will be added. Consensus was to not include building plans in Commission packets. first Reading Ord. # 6122-97 p Amending Sec. 22.24 to extend City Manager's powers to regulate the time. place and manner in which park property is used by the public; amending Sec. 22.40 to restrict areas where dogs and other pets will be permitted , ~ ~"i) ',-.:i. Currently, if a health, safety, or welfare problem exists in a park, signs addressing the issue must be posted before Police Officers can take appropriate action. However, an ordinance must specifically 'prohibit the problem before enforcement can occur. For example, it might be prudent to prohibit dogs from Sand Key Bridge Park, a popular sunbathing area but current code allows leashed do'gs in City parks. Under this proposal, the City Manager would have the flexibility to post appropriate signs that would have the effect of law and could be enforced by Police Officers. The ordinance is not proposed to increase signage but to regulate activities when health, safety, and welfare concerns exist. Section 22.40 (4), relating to animals that provide assistance to disabled persons, is amended to incorporate ADA (Americans with Disabilities Act) standards. In response to a question, Assistant Parks & Recreation Director Art Kader said the problem is severe enough to require enforcement. The City Attorney did not think this ordinance replaces other current ordinances. Agreement with Countryside Little League. Inc. allowing the League to construct an equipment storage. umpire and batting machine building at Countryside Community Park Countryside Little League uses the 5 little league fields at Countryside Community Park for their league activities. They have requested permission to construct, at their expense, a small building at the park. In 1987, Countryside Little League entered into a similar agreement with the City to construct their concession/pressbox building. The new mws01 a.S? 7 , 01106/97 , I ! I I I I I ~ , "--) TR TOURISM ~ building will be constructed within the South 20 feet of the existing fenced batting cages next to field #5. The building will have an umpire changing room and storage space for equipment and batting 'machines. Countryside Little League also has requested to place, at their expense, a permanent marker at the complex to honor the Countryside Major Girls for winning the 1996 Little LeagueSoftball World Series. The marker, a granite boulder with attached cast iron plate, would be located next to the sidewalk entering the complex by field #4 and #5. The Parks & Recreation Department plans to approve this request. ln answer to a question, Mr. Kader said there is sufficient room to construct the proposed building next to, the batting cages. The City pays the electric utilities at this and all City parks. Concern was expressed that the building not become a future liability. Mr. Kader said permits will be required and the building will be constructed to code. An update on the PineHas Trail section through Clearwater was requested. SW SOLID WASTE First Reading Ord. #6117-97 .providing a rate structure to operate in the roll off business in competition with private companies and approves the FY 1996197 investment of .approximately $ 235 .400 in additional containers and compactors to support enterprise ,':\~.) ': 'I" The majority of the City Commission approved CSW (Clearwater Solid Waste Department) providing roll-off service in Clearwater and unincorporated Pinellas County in competition with private hauling companies. This ordinance provides a '1level playing field." CSW will charge a 15 % surcharge as required of private hauling companies permitted to provide roll-off services in Clearwater. Private hauling companies will apply to the City Manager for roll-off permits. The City Manager said appeals to denials for roll-off permit requests will be heard by the City Commission. The City Attorney reported the Code requires CSW to provide non- competitive waste services if it has the capability and it makes financial sense. First Reading Ord. #6118-97 - Creating Secs. 22.88-22.91 to provide for alcoholic beverage special event permits and to provide a permitting procedure for issuance of such permits upon certain conditions; amending Secs. 6.31 & 22.59 to exempt such permitted sales and consumption from certain prohibitions ~ ., Historically, Clearwa'ter has not permitted the sale andlor consumption of alcohol at public special events. In recent years, business and residential interest has been building to amend ordinances that prohibit such activities. Staff researched communities that allow the sale and consumption of alcohol during public events regarding: 1) permitting processes; 2) consequences; 31 geographic restrictions; 41 extent of city involvement; 5) insurance and license requirements; 6) fees and revenues from alcohol sales; 71 restrictions on permitted containers, etc.; and 8) security ,issues. mws01 a.97 8 01/06/97 t l , ~;- ':- >~~? .' I" ..' EN ENGINEERING '~ , Staff recommends: 1) permitting the sale and/or consumption of alcohol at public special events in support of the City goal to increase tourism and mission to foster a festive environment for citizens; 2) base permitting on strict adherence to established criteria; 3) direct the Special Events Committee, comprised of, but not limited to, City department representatives from Parks & Recreation, Engineering, Central Permitting, , Tourism. Legal, Risk Management, Finance, Marina, etc., to approve the permitting process with final approval by City Manager required; and 4) permit the sale and/or consumption of 'alcohol only at City sponsored or co-sponsored special events. The ordinance allows the sale and consumption of alcohol to be confined to designated areas and provides designated non-alcohol areas. Tourism Director Jean Sherry said plans are to limit consumption to beer and wine. Only City sponsored and co~sponsored events approved by the City Commission will be permitted to serve alcoholic beverages. Concern was expressed that permits should be approved more than 15 days prior to events. Deputy City Manager Kathy Rice said the regulation coincides with other deadlines and was established to be more user friendly. The City Attorney noted this is the last date applications will be accepted. ' The Commission recessed from 11 :00 to 11: 15 a.m. , ..-:""~ . :.,I.,.......~1 . ~+ ~'" Ms. Sherry said language regarding an organization to be taxpexempt will be reviewed in accordance with State requirements. Consensus was to delete the tax-exempt requirements if they are not required by the State. Concern was expressed language requiring family areas is not specific eno~gh. Ms. Sherry said family areas can be designated when an event is approved. Concern was expressed alcohol should not be sold in the City for economic development reasons or to increase the City's income. It was felt the desired results in other cities did not occur. Civil Air Patrol Lease The City Manager reviewed the CAP (Civil Air Patrol) request for free use of property on the North end of the Airpark to construct a building. The request was deferred last year until the FBO (Fixed Base Operator) contract was approved. However, approval of the FBO contract was delayed. The City Manager indicated the FBO decision will be reached in approximately 3 months. The Airport Authority unanimously has recommended the City reach agreement with the CAP immediately. The City Manager said staff recommends delaying the decision until an FBO contract is approved. In response to a question, Mr. Baier said having the CAP at the Airpark is good for Clearwater. He felt timing is key and recommended delaying approval. mws01 a.97 9 01/06/97 I J , l l I I \ I l ~ It was questioned if there is a proposal to take property away from the Airpark. Mr. Baier said land will not be taken from the Airpark proper. 'More information on this item will be provided. It was questioned when work on Court Street will be completed. Staff will report. ~ Consensus was to delay addressing the CAP request. C.D.N1 to..&evenson's Creek Channel Improvements Phase 2 Controct to Kamminga and Roodvoets, Inc., Tampa, FL, increasing the amount by $84,040.83 for new total of $3,864,650.83; and approve time extension of 10 days On July 18, 1996, the City Commission awarded this contract to construct the Stevenson's Creek Channel Improvements Phase 2 to Kamminga and Roodvoets, Inc., for $3,780,610. The original contract calls for reconstructing and narrowing Betty Lane from Druid Road to Turner Street. The pavement is being narrowed by removing the grass median and is being reconstructed to correct severe pavement settlement problems. The narrower roadway section will reduce reconstruction costs and provide additional stormwater retention outside the roadway. The process requires excavating and removing existing pavement and underlying materials. A 12-inch clay sanitary sewer and 12-inch sanitary force main directly conflict with the; construction process and must be relocated for a cost of $77,581.20. Additional pay item #43B under this Change Order is for the removal and replacement of an existing sanitary sewer utility access portal necessitated by the installation of a new box culvert at Stevenson's Creek and Pierce Street for a cost of $566.03. The remainder of new work under this Change Order is the installation of a new 4~fI:\ storm water inlet at Lady Mary Drive and Pierce Street. Installation of the new box culvert (:~:., in Stevenson's Creek resulted in a low point in the Lady Mary/Pierce Street intersection. The proposed inlet will remedy this situation and provide positive drainage. The cost for this inlet and associated piping is $5,893.60. Mr. Baier said as work progressed, staff discovered the sewer pipe is made of clay and should be replaced. He did not know if other Change Orders will be needed as this project is only one~third complete. The project's total budget is $3.78-million. Mr. Baier said these' types of contracts routinely do not include a contingency. Budgeted funds often have a contingency that can cover the costs. Highland Avenue Widening Mr. Baier said utilities along Highland Avenue have been relocated. He reported Flagler Drive will be closed permanently at its intersection with Highland Avenue due to the dangerous wide turning radius that would result from widening Highland. Flagler Drive residents who have called with concerns have been provided information regarding alternative routes. Palmetto Street will reopen before the project is complete. MPO meeting u mws018.97 10 01/06/97 '.JI,-. PUR PURCHASING '~ The MPO (Metropolitan Planning Organization) presented proposed interchange designs for US 19N at their December 12, 1996, meeting. Staff will report on the proposals at Thursday's meeting. , Contract tor maintenance of Xerox 5090 high speed copier to Xerox Corp., Tampa, FL, for the period 02/01/97 -01/31/98, at an estimated $37,032.48 (1M) Buyer Michael Murray said this proposal is for maintenance of one machine and is tied to the number of copies produced. The City's other Xerox copiers are covered by a separate contract. In response to a question, he said it is less expensive to maintain the current machine than to purchase a new one. Consensus was to consider purchasing new equipment next year. It was noted alternative equipment is on the market. A report on the average number of service calls was requested. Purchase of two 1997 Ford Crown Victoria Police InterceRlor automobiles from Duval Ford, Jacksonville, FL, tor $42,830 (Police Department) In response to a question, Police Chief Sid Klein said this purchase is under a separate grant than those approved last month. He will report on which grant is funding the purchase. (;) Contract for House Service Relocation for Water Main Contract. Phase 14 to McGill Plumbing, Largo, FL, for estimated $264,1155 (EN) In response to a question, the City Attorney said the City has not been served with a lawsuit regarding the City practice of locating water meters on private property. Information was requested comparing costs of leaving meters in the right-of-way versus relocating them onto private property. The practice is consistent with the first 13 phases of the contract. A new map that clearly shows the affected areas was requested. Mr. Baier will check on plans regarding Ripon Drive. CP CENTRAL PERMITTING Public Hearing & First Reading Ords. #6112-97 & #6113-97 - Annexation & IL Zoning for property located at 2121 Calumet St., Clearwater Industrial Park, part of Lot 17 together with abutting r-o-w of Calumet St. (Buettner & Kinkead, A96-28) The applicant has requested annexation and proposed zoning of Limited Industrial (lL) for 2121 Calumet Street to obtain sewer service. On December 17, 1996, the Planning & Zoning Board unanimously endorsed the request. In response to a question, Central Permitting Director Scott Shuford said this project is under construction. The City Manager said the City is working with Economic Development groups to offer annexation incentives and hopes to bring in more Industrial Park projects. mws01 a.97 11 01/06/97 I , r t i ! 1> U' <" .. " . l < I eM ADMINISTRATION ~ Authorization to negotiate with Demetre Loulourgas to prepare a development agreement for Marymont Replat, part of Tracts A & B City Code makes provisions for the City to enter into development agreements with property owners. The applicant wishes to enter into a Development Agreement with the City to ensure specific contractual obligations are met by the property owner and City and to gain vested development rights. The Agreement's primary focus: 1) annex the approximately 4 acre subject property at 1180 N. Hercules Avenue, zoned Limited Industrial (lL); 2) convey to the applicant a perpetual non-exclusive drainage easement to construct, maintain, and operate a storm water drainage retention pond; 3) provide public facilities including roadways, sewer, water, solid waste pick-up and recycling, gas and cable television, etc.; 4) provide overflow parking and parking variances: 5) provide an open space variance: 6) approve the site plan; 7) approve construction of a 107,500 square foot industrial complex zoned Limited Industrial; and 8) limit duration of Development Agreement to 5 years. Preliminary meetings with the property owner's representative were held to discuss specific site plan details and anticipated obligations. If the City Commission authorizes the City Manager to negotiate, the City Manager will provide the City Commission with a report. If the majority of the Commission wants to proceed, a tentative Development Agreement will be prepared for Commission review. :..\i.~" "".":\~ Assistant City Manager Bob Keller said the development agreement is needed to expand the business by approximately 100 jobs from the current level of 120-140 jobs. Relief from parking restrictions will be requested through a variance. To provide off-site retention, Mr. Keller recommended granting an easement on City property near the Airpark entrance. He said City departments worked well together on this project. Staff is working to reduce City processes that are too cumbersome. He will attend this week's Airport Authority meeting to address member concerns regarding this issue. Development review changes status report and discussion of issues The City Manager said staff will come forward with far reaching changes. Mr. Shuford said staff is working to consolidate the code to 4 chapters: 1) Goals - to be written by the Steering Committee. Chapter to include index; 2) Community Character - includes what makes Clearwater unique, line drawings of important local buildings, design guide- lines, minimum standards, adult uses, and alcoholic beverages. Landscape requirements to be flexible and allow unusual treatment. Processes will be streamlined. Administrative approval is recommended for small projects. Presentation of the sign code will change but 'not the content. He recommended against requiring Conditional Use permits for changes of ownership of businesses that serve alcoholic beverages; 3) Incentives, Tools, & Technology - focuses on incentives and what makes Clearwater different from other communities. Chapter will address permitted, performance, and conditional uses. Format will be standardized for clarity: and 4) People & Processes - the longest chapter will list boards, staff, format, and procedures. y mws018.97 12 01/06/97 I' ~ I ,.." (:~) '~ Mr. Keller reported the most controversial aspect of the proposal will provide one stop'shopplng for Cityboards. He recommended establishing a Planning Board to address special neighborhood studies, land use plans, and review the MPO agenda and major City projects. He recommended a Development Review Board consider variances, etc., replacing the Environmental Advisory Board, Historic Preservation Board, Development Code Adjustment Board, Board of Adjustment and Appeal on Building/Flood Control, and the Planning and Zoning Board. Mr. Shuford said the Parks & Recreation Board responsibilities have not been reviewed. Mr. Keller recommended establishing ad hoc committees to address specific issues. He recommended the Development Review Board consider sign variances. He indicated some reductions will be needed to make the work load manageable. He estimated allowing administrative approval will reduce review of minor variances by 40%. He recommended a Hearing Officer be the single so'urce for appeals. Mr. Keller felt these recommendations will result in significant streamlining and reduction in the size of the code. The code will contain educational aspects and will be designed to "inspire" instead of "require." It was reported Bordner's Business Research Report will be presented on Thursday. It was noted the report is not flattering. Mr. Keller stated steps have been taken already to improve. ' It was recommended that a list of items being eliminated from the Code be tracked for review. Mir~clc Management Task Force Chief Klein reported on activities in the vicinity to the Seminole Finance Building on US 19N where many feel an apparition of the Virgin Mary has appeared on the glass. He reported between December 17, 1996, and January 1, 1997, more than 200,000 have visited the site. At last count, more than 10,000 people are crossing Drew Street each day. He said. the City is downsizing its oversight of crowd management at the site now. The command post was shut down last night. This morning, Police Aides replaced officers in assisting people cross Drew Street. Once Traffic Engineering installs a temporary traffic signal, staff will be scaled down further. No staff currently is assigned to the building's parking lot. He said relatively few problems were related to the site. He indicated City departments worked together well on this project. The City Manager said the City's proactive approach was low-key and served the City well. She said a great deal of credit goes to Chief Klein and the command staff. In response to a question, Chief Klein said visitors continue coming to the site. The City is addressing this as a public safety issue. Staff involvement can increase if the need arises. Concern was expressed the building has suffered damage. Chief Klein said staff has met with the building's owner on a regular basis. He noted problems caused by radio stations were resolved through discussion. Local business owner compliments of City staff were noted. i I I r. t , I mws01 a.97 13 01/06/97 City Manager Verbal Reports ", .~ The Commission recessed from 12:40 to 1 :47 p.m. OTHER CITY fJ:.. TTORNEY ITEMS Deny request of Port 8ichey to defend it in a lawsuit styled A & L Underground, Inc. v. City of Port Richey AssIstant City Attorney Dick Hull said gas lines are being installed in Port Richey during Clearwater' Gas System's expansion into Pasco County. Last year, the contractor damaged Port Richey's water main when installing the gas line due to Port Richey providing incorrect information regarding the main's location. The contractor was required to remain onwsite until the damage was repaired and has sued Port Richey for their added costs. Mr. Hull said the City would be required to indemnify and defend Port Richey under certain circumstances. Port Richey has requested the City defend them. Staff feels circumstances requiring City involvement were not met. No negligence on the part of the City exists. Staff feels Port Richey is at fault as they provided erroneous information regarding the location of their water main. The City Attorney concurred. This issue will be added to Thursday's agenda. Penny for Pinellas :~ The City Manager said staff is preparing an information package regarding Penny for Pinellas including past and proposed projects. The package will identify Penny for Pinellas funding for previous projects. Commission Discussion Items Signal Control at Ruth Eckerd Hall On November 13, 1996, the MPO (Metropolitan Planning Organizationl received a request from a PST A (Pinellas Suncoast Transit Authority) board member to review the traffic signal on McMullen-Booth Road (CR 611) at Ruth Eckerd Hall. Concerns were forwarded regarding riders exiting at the bus stop and having difficulty crossing McMullenw Booth Road to reach residential neighborhoods without assistance from a traffic signal. On November 14, 1996, Steven M. Seibert, MPO Chair, forwarded this issue to the City Engineer for City input. Mr. Baier recommended the City conduct some studies of the intersection and report their findings to the MPO. The City Manager suggested staff work with the CHA (Clearwater Housing Authority) and their project, the Hamptons. It was indicated PSTA has little information regarding ridership as this route has been in operation for' less than one month. It was suggested the City pursue installation of a traffic signal at the intersection of McMullen-Booth Road and San Bernadino Street. Mr. Baier said MPO approval would be required. In response to a question, he said the number of accidents is mws01 a.97 14 01/06/97 , I I I t, I I r v , <I'I~ ~"") Other Commission Action ~ not outstanding. It was recommended the City request ridership numbers from PSTA regarding Hampton residents. Consensus was for staff to collect data regarding the intersection. Discussion re selection of search firms for City Manager ' , The City received proposals from search firms regarding selection of a City Manager; 1) David M. Griffith & Associates, Ltd. - Tallahassee; 2) The Brimeyer Group - , Hopkins, MN; 3) The Curtiss Group - Tampa; 4) Jensen Oldani & Cooper, Inc. - Belleview, WA; 5) The Mercer Group, Inc. - Atlanta, GA; 6) Municipal Advisors, Inc. - Virginia Beach, VA; 7) Norman Roberts & Associates - Los Angeles, CA; 8) PAR Group - Paul A. Reaume, Ltd. - Lake Bluff, IL; 9) Ralph Andersen & Associates - Dallas, TX; and 10) Slavin Management Consultants, Inc. - Norcross, GA. The City Manager noted the proposals appear to be similar. Bids do not include the cost, of bringing candidates to Clearwater for an interview. Mr. Keller and Ms. Rice recommended comparing the firms' experience and consider their familiarity with Florida's Sunshine law. Consensus was to, invite David M. Griffith & Associates, The Mercer Group, Inc., and Slavin Management Consultants, Inc. for further consideration. Each firm will have 45 minutes to present their services and answer questions. Staff will provide the City Commission with a standard set of questions. Commissioner Clark indicated he cannot serve on the DDS (Downtown Development Board) due to schedule conflicts. Commissioner Hooper will serve. Approval will be scheduled for the next CRA (Community Redevelopment Agency) meeting. Mayor Garvey said referred to letters from the DDB regarding the Interlocal Agreement requesting the CRA return funds to the DDS. The City Manager said staff has not reviewed this issue, noting the relationship between the organizations first must be resolved. Commissioner Hooper praised the Fire Department's Elder Link program which identifies senior citizen needs during emergencies. Commissioner Hooper indicated bids have been distributed for the Clearwater section of the Pinellas Trail. Concern was expressed the County is planning overpasses for other parts of the trail when one is needed in Clearwater where the trail crosses Ft. Harrison Avenue. Construction will begin in April. mws01 a.97 15 01/06/97 I I ! I \ f j I I t \ I I , Commissioner Hooper referred to a letter from Mayor Garvey, questioning in which category a dismissed member of the EMS Advisory Board had served. The Mayor indicated the business category. I ..,) y Adjourn " , {~ Commissioner Hooper indicated a meeting scheduled in Savannah seems pertinent to the needs of downtown and North Greenwood. Commissioner Johnson congratulated Mayor Garvey for being named as a representative on the CVB (Convention and Visitors' Bureau). , Commissioner Johnson thanked those who sent him Christmas cards. He encouraged everyone to work together and wished all a prosperous and healthy New Year. Commissioner Seel questioned if the community events calendar printed in Reflections is coordinated with the Chamber of Commerce's calendar. Staff will report. Commissioner Seel requested discussion be scheduled regarding a Visitor Center on Clearwater beach. Mayor Garvey suggested PST A consider ways to integrate advertising into the design of buses. Mayor Garvey indicated the Suncoast League of Municipalities will meet at the Ha~borview Center on January 18, 1997. Mayor Garvey reported the City Commission will meet at the Pinellas County Commission Chambers on Thursday, January 9, 1997. ' '.:() Mayor Garvey invited people to attend the Downtown Market Place on Saturday , between 8:00 a.m. and 1 :00 p.m. at Statiqn Square Market. Commissioner Seel questioned if Black and Veatch will make a presentation regarding their review of Clearwater Gas and if that is included in their fee. Ms. Rice said that is the case. The Commission adjourned at 2:58 p.m. f;J I I I , I I l mws01 a.97 16 01/06/97 i. , '..F J- , ,'. r ,. , ., -it ,c,