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05/13/1996 (2) " ',' , ' ....i. .,'., ", I "j i: ,,:,,<:::'('!:' ~,~~:~,;f/:;:?f,:i,::;;~:,}j?!;r!\V:;:~:l~'::-':i;/ ):':/::: '.,::,;:,\: "~:' l' l! .: . ~ :-:" , .' , ,l j '~, ',." . ',1.,", '..1-,' ,:. i,' : '.. '.' , .'.:, ~ . " , ,. ; , .i: " :'!<'~ I. ',,,- " , ::;0'1':,' " '. "',' ". ,) ;"", .',1'. .' .1, ~: ...., I,h .:~ ': ,I . ~ ..' ~ ;.:~.; ~. " '~::\ 'j' ,..1 WORKSESSION '/.r' "\',>. ',I..'. ':. Cio/ ,Commission Worksession Minutes ,>, t'!: : ,.' 'f, ,I .... , , . I "0' , , 'n'ate It:;q .1' ~ , . ", , >', ," I;.. .' : > .- .- " , " " , " .. : ,,, " .1 " , " , ;. , j', ;'~ "\~ I. .1,' ,.,' :/ " ::.' J, ,. "'~QJ;'~r..:;{{~'V;~ J, ).:~ 'L'/;-;. '(j';~~~~'1(..:~;:T.:; \..:.~. :.I:,"~;(. ,;.,~;,'i~:,.~~ ::r'.J.~ ~","'J';...-',,- r~ I"".... .....:...' ." 1-;' ........ ... '-<'0- . ~ "c~ '. .~~ , . ~ ,~t;".\{l"" ...,-.~h'-l'''"'1-'''''I'f~''''-', . '. . '(.L.)"l'il-I"~: :)"~lr.'., '1~~/..: , . "":';':,}; >;.,)~'J/;i.',~:;;v;.;,;,'; ;';,,1:',..'>' I ,~~ f.. /. " ~ '~j~':I;,":~":~\::t~.J .,,~ , , ~. , . " .. , . ~. ,I' ~ ,"\ . I T~. , \ \ ~ .:~ . .. : I} ~ H'. " I..... I., ,', 1 \' .- . . ... .' ( ,f' " \ '," ,', "'. ~ . . ~ 1~r;:::"~/::,'~l .~'. '~::7~~' ",' #1",0 J,d I, , .' " ' I' r " .-. .- :, f , , ~I Present: Rita Garvey J. B..Johnson Robert Clark Ed Hooper Karen Seel Elizabeth M. Deptula William C. Baker Kathy S. Rice Pamela K. Akin Cynthia E. Goudeau Patricia O. Sullivan Mayor/Commissioner Vice-Mayor /Commissioner Commissioner Commissioner Commissioner City Manager Assistant City Manager Deputy City Manager City Attorney City Clerk Board Reporter J . '. , ' (~ CITY COMMISSION WORK SESSION CITY OF CLEARWATER May 13, 1996 ,. The meeting was called to order at 1 :00 p.m. at City Hall. Service Award~ Five service awards were presented to City employees. (~~) . . ,t ~ Thomas Allegretti, Fire Department, was presented the May 1996 Employee of the Month award. James Seymour, Parks & Recreation Department, was presented the April 1996 Employee of the Month award. The Commission recessed from 1 :06 to 1 :40 p.m. to meet as the Pension Trustees and CRA (Community Redevelopment Agency). GAS GAS SYSTEM Aoorove conceot Clearwater Gas System Strateaic Business Plan Uodate covering 7 year period, 1995 ~2002; approve concept projected Gas System Revenue Bonding requirements of $40.5-million over this period in order to increase number of customers by 9,820 in PineJfas & Pasco counties by 2002 CGS (Clearwater Gas System) is well positioned for growth in the existing northern Pinellas County service area and to expand into southwestern Pasco County. CGS's territorial dispute was settled and an expanded service area in southwestern Pasco County was established which nearly doubled CGS's service territory. Municipal franchises in Pasco County have been secured. This growth opportunity will be enhanced by an increasing natural gas supply into West Florida, enhancements in natural gas technology, a price advantage with other energy sources, and governmental environmental regulations. Staff recommends the City Commission support three aggressive strategic opportunities: 1) accelerate existing gas services in Pinellas County to add more than 5,300 customers ,l"l4lj mws05.96 1 05/13/96 I I f I ~ by 2002 with a level of services commensurate with eGS customers' current demands; 2) expand existing gas services into Pasco County to add nearly 4,500 customers by 2002 in this new territory; and 3) develop new gas markets to expand CGS services into new high tech gas market opportunities such as Natural Gas Air Conditioning. Managing Director Chuck Warrington said the original Business Plan developed in August 1993 laid out three simultaneous strategies. He said successes to date include: 1) in Pinellas County providing service to 15 subdivsions and connecting 1,854 new customers; 2) in Pasco County receiving FPSC (Florida Public Service Commission) territorial approval and court bond validation; obtaining interlocal agreements for New Port Richey and Port Richey franchises, and installing 9.4 miles of gas trunk line main; and 3) addressing new gas markets by sales of 15 triathlons and one 1 ,225-ton air conditioning unit. The Federal government has delayed requirements for alternative fuel vehicles. Mr. Warrington reviewed plans: 1) holding line on employee growth while increasing customer base; 2) maximizing customer and load growth; and 3) maximizing growth potential. Staff will emphasize in-fill sales rather than construction of new lines. Mr. Warrington said future strategic opportunities include: 1) in Pinellas County, adding 5,300 customers by 2002 which will require $ 21-million in capital expenditure and will increase NFE (non-fuel revenues) by $3.1-mlllion to $1 0.1-million per year; 2) in Pasco County, adding 117 miles of main to add 4,500 customers which will require $19.5-million in capital expenditure and will generate NFE of $2.6-million; and 3) promote gas air- conditioning and other high tech markets in Pinellas and Pasco counties. (:'~) Mr. Warrington reviewed CGS's strategic summary which includes increasing customers by 10,000 customers to 22,500 by 2002 using the existing level of 96 employees, investing $40.5-million in capital, increasing NFE by $5.8-million to $12.8- million/year, and increasing transfer payments to the City to $3. 5-million/year. Mr. Warrington requested the Commission approve the strategic plan update: 1) approve in concept the 1995-2002 CGS Strategic Plan Update; 2) approve in concept the $40.5-million in Gas System Revenue Bonding requirements to 2002; and 3) approve in concept the 1996A Gas System Revenue Bond Issue in the amount of $9.7-million to be sold in June/July 1996. Mr. Warrington said staff will not request additional bonding until after the $26.75-million in approved expenses are spent. In answer to a question, he referred to the $26.75-million and reported staff has received "authorization to spend $5.4- million and has spent $2.8-mUlion. He said since 1993, CGS has spent approximately $10-million. bl Aoorove Commission oolicv changes re Gas SYstem's Utilitv Suoport & Interfund Administrative Charge contributions to Cityls General Fund; First Reading Ord. #6023-96 - approving new gas utility rates to become effective for all billings rendered on or after 10/01/96, and incorporating subsequent changes to become effective for billings rendered on or after 10/01/97 (GAS) Mr. Warrington reported current rates were implemented October 1, 1995. He recommended implementing Phase II rates immediately instead of waiting for the proposed "'~ mws05.96 2 05/13/96 In answer to a question; Mr. Warrington indicated CGS would remain competitive after the rate increase. Concern was expressed regarding CGS's plans to maintain a staffing level of 96 employees. Mr. Warrington predicted CGS would be able to sustain growth without increasing staff by reengineering their processes. . He felt CGS will be able to pay their share of City charges. ,~ Implementation date of October 1, 1996. Residential rates will remain the same. Some adjustment is needed in multi.family rates to reflect a residential therm bracket. He recommended increasing commercial rates rather than decreasing them. Phase III; to be implemented on October 1; 1997, is proposed to increase all rates by 7.9%. He noted Phase I rates fell $1.3.million short of the goal because the grouping of commercial accounts was calculated incorrectly. likewise, multi-family rates were undercalculated. He recommended a $1.05.million rate increase which is essential to meet the City's bond coverage. Without the rate increase, CGS would fall below the needed ratio. He noted after Phase III is implemented, residential rates will still be less than half the rate of electricity. Multi.family customers benefit with a single complex charge instead of a per unit charge. A small rate increase is proposed for Phase II instead of the planned decrease. Mr. Warrington referred to cost comparison graphs for energy. Regarding residential customers; he noted CGS Phase I and II rates are lower than Florida Power, LP, and PGS (Peoples Gas) rates. Phase III rates are higher than PGS only. Regarding small general service customers, he noted CGS rates are lower than Florida Power and LP gas. Regarding medium and large general service customers, he noted CGS rates are lower than Florida Power. (J~~) Mr. Warrington said the proposed gas rates will more closely reflect the true cost of service for each customer rate class; will assure CGS' future health and growth potential, and will assure an adequate financial return for the City from the Gas System. He recommended the City Commission approve policy changes: 1) fix CGS dividend and payments in lieu of taxes (franchise) to total $1,508,720; 2) remove the booking of future dividend credits; and 3) let interfund administrative charges for CGS, which previously were frozen, grow with City salary increases. In answer to a question, Mr. Warrington said before expansion, the gas dividend was approximately $660;000. He said based on the prior year's performance, the dividend had already risen to $1-million for the upcoming year. He reported CGS currently has 70 residential and commerciai clients in Pasco Country. The installation rate is accelerating and he anticipates CGS will meet its Pasco goal of 300 customers. He said the expansion first became evident in financial statements beginning in FY (fiscal year) 1993/94. The City Manager said it was unrealistic to expect the FRC (Financial Review Committee) to present a recommendation to the City Commission regarding this issue before second reading. In answer to a Question, Mr. Warrington said if the Commission does not approve the new rates, CGS will need to "go back to the drawing board" and follow the direction provided by the City Commission. y mws05.96 3 05/13/96 c) First Resdino Ord. #6030-96 ~ orovidino authority to issue bonds to refund the outstanding Gas System Revenue Bonds, Series 1991 (GAS) ~ In answer to a question, Mr. Warrington said CGS has $16. 5~million in fixed assets. He said the $55~million system in place is subject to depreciation. He indic'ated CGS has attempted to come up with a 13% to 14% return on investment. A written explanation of that return was requested. Mr. Warrington said Peoples Gas is larger than CGS and primarily serves commercial customers. It was questioned if supply costs will increase similar to gasoline costs. Mr. Warrington said that was not the forecast. Fuel costs are broken out and passed directly to customers. Concern was expressed regarding the large size of the proposed increase, especially if it is coupled with a fuel cost increase. Mr. Warrington noted the same market forces will increase electric rates. He said CGS has the ability to be flexible but will not lose money to keep customers. CGS purchases gas from the same source as Peoples. Peoples' rates currently are higher than CGS but generally are in the same range. It was questioned if eGS is concerned with Peoples' higher level of commercial clients in Tampa. Mr. Warrington said eGS is comfortable with current customer levels. (;r:'.:~ I. ~,.~" ., Ms. Simmons said definite savings were evident when refunding was first proposed. She indicated they are not certain right now. According to the time line, the bonds are scheduled to be sold on June 24, 1996, when the City Commission is on a break. She said a special meeting can be scheduled or the City Commission can designate the City Manager to approve the sale. She said the low bid will be chosen. If bids arB not good, staff will regroup and offer the bonds again. Consensus was to designate the City Manager and Finance Director to approve the sale. Pre-closing will occur on July 15, 1996, during a break of that day's Work Session. AODfove orooosal from Mevers & Associates. Inc.. LarQo. FL. to bioremediate the clean uo of aroundwater contamination at the Berrv orooertv located at 1 07 Harrison Ave., Belleair Beach, FL, at an estimated $52,060 On August 10, 1993, an underground fuel oil tank at 107 Harrison Avenue, Bellesir Beach, was damaged during a boring operation performed by Visk Contractors, Inc., a gas pipeline contractor for CGS. On September 30, 1993, Mevors & Associates provided Risk Management with the lowest quotation to perform a Contamination Assessment Plan which was submitted to the FDEP (Florida Department of Environmental Protection) in March 1994. On January 8, 199p, the FOE? approved the RAP (Remedial Action Plan) prepared by Mevers & Associates as contractors for the Department of Environmental Management. The RAP pilot study involves a natural bioremediation product, FyreZyme, which uses natural occurring ground microorganisms to degrade the wastes/contaminants. I~ Staff recommended use of FyreZyme because of the significant potential for cost savings this method will produce. This clean up method requires no unsightly above mws05.96 4 05/13/96 LIB LIBRARY '...., ground apparatus. The method has been used successfully in other parts of the country but has not been tried in Florida. It was questioned why the contractor is not liable. Mr. Warrington said the City is withholding some of their payment. He said the work was done under an old contract. The contractor's insurance excluded environmental damage. The city will try to collect what it can but the City needs to fix the problem now. In answer to a question, the City Attorney said the City hopes to collect for these costs but indicated there are some problems with the contract. She said staff will take all legal steps possible. The City Manager noted the cleanup method is experimental. The City will be using the method more often if this project is successful. Hire additional L1brarv Assistant for Countryside Branch, effective 07/01/96 (annual cost $22,285) Since October 1, 1994, the Countryside Branch has operated with 5 library assistants. Since that date, circulation has increased by 53%. East Branch, with comparable circulation levels, has 6 library assistants. Due to the June 28, 1996, retirement of the extension division manager, budget funds are available. The division manager position is being downgraded to Administrative Support Manager, resulting in an )(~ annual saving of $37,625. The annual cost for a library Assistant, including benefits, is (';/11 $22,285. In answer to a question, library Director Arlita Hallam said the net savings to downgrade permanently the division manager would be $16,330. Hire 2 full-time DoUce service technicians to orovide oUBrd service for the Main Librarv & surrounding Coachman Park area for 70 hours per week, to be effective 08/15/96, when contract with National Building Maintenance, Inc. expires ' Since 1991, National Building Maintenance, Inc. has provided 46 hours per week of security guard services for the Main library, at an annual cost of $15,840. The guards do not have police training or radio access which is provided by Clearwater's uniformed police technicians who are hired and trained by the Clearwater Police Department. Police service technicians will provide professional and efficient responses to problems caused by library customers, street people, and visitors to Coachman Park. Current annual cost for the two positions is $50,377.88, which includes all . benefits. Salary and benefit costs for the three pay periods remaining in FY 1995/96 will be $5,813 plus $1,200 for two sets of uniforms and $5,500 for two rechargeable radios. The City Manager noted the security company has experienced a high level of personnel turnover. The library needs more consistency to meet security needs. Concern was expressed the proposal will increase security costs by $35,000 per year. Ms. Hallam y mws05.96 5 05/13/96 PR PARKS AND RECREATION ~ said those costs arB included in the Police Department budget. She recommended the technicians also cover the plaza and part of Coachman Park. The City Manager indicated coverage will be increased by 50%. It was suggested putting this item out for bid. Ms. Hallam said the library has used the services of three or four security companies and has experienced the same problems associated with high turnover. She reported the proposal will provide security for the Main library from % hour before opening until % hour after closing. It was suggested the increase is too large and it was recommended the library find another company to meet these security needs. In answer to a question, Ms. Hallam said Chief Klein had approved this proposal. It was suggested staff locate existing radio equipment for these positions. It was noted residents are concerned regarding safety at the Main library. Ms. Hallam expressed concern regarding the image the Main branch is projecting. She indicated staff has requested the replacement of some security guards. "AdoDt-a-Park AareementH with Pinch-a-Pennv. Inc.. relating to donation of landscaDB services to the median located at intersection of Court & Chestnut Streets: authorize City Manager to enter into & execute similar Adoot-a-Park Aoreements with other organizations or businesses in the future ,:;;"') J '<;-- <. .~ '~t Clearwater has two types of "Adopt-a-Park" programs. On June 3, 1982, the City Commission approved a "permit program" to allow homeowner associations or other groups to plant and maintain landscape materials on City property. The extent of improvements varies depending on the financial and physical abilities of the adopter. Since 1982, 19 permits have been issued. On January 6, 1983, the City Commission approved an II Adopt-a~Park" program as more formal and comprehensive than the permit program. The city was to identify specific City properties for adoption, establish landscape maintenance specifications, secure maintenance bids from private landscape companies, prepare a formal agreement, and secure a donor willing to pay for the maintenance. A sign(s) would be erected to recognize the donation. Staff could not locate adopters willing to pay for complete and total maintenance. Variations were formulated and three agreements were executed: 1) Barnett Bank - Clearwater beach triangle; 2) Pinch-A-Penny (Astor Street end); and 3) Island Estates Homeowners' Association (Island Estates entrance median). This agreement with Pinch-A-Penny, Inc. will be the first "Adopt-A-Park" agreement under the original concept. Staff hopes to secure other similar agreements that will result in increased landscape maintenance, reduced taxpayer cost, recognition for community contribution, etc. Parks & Recreation Director Ream Wilson hoped another park soon will be adopted on Clearwater beach. He said the donor pays for maintenance. A small sign recognizes the donor. \.) mws05.96 6 05/13/96 EN ENGINEERING ~ Consensus was for staff to approve these agreements in the future. The Commission recessed from 3:00 to 3: 1 0 p.m. Reclaimed Water. Direction re location of storace facilitv The City Commission previously voted to proceed with the reclaimed water project. Benefits include: 1) preservation of the Florida ecosystem; 2) reduction of nitrogen loading upon the City's water courses; and 3) reduce the City's dependency for potable water, thereby protecting the City's new housing start programs. The location and type of storage need to address the City's long term Comprehensive Growth Plan and community needs. Mr. Baier provided a matrix representing a diverse number of location and addresses: 1) the functionality of the oversU system; 2) aesthetic concerns; 3) constructability issues related to groundwater contamination, water table, etc.; 4) operating and maintenance costs on an annualized basis; 5) capital costs inclusive of land purchase; and 6) adjacent land use compatibility. The reclaimed water storage analysis considered storage tanks at: 1) Marshall Street; 2) downtown; 3) Island Estates; 4) the gas plant on Myrtle; 5) Parks & Recreation site on Vine Avenue; and 6) Betty Lane area. The analysis also contemplated open ponds at; 1) Marshall Street; 2) downtown; and 3) Island Estates. :4;:) After visiting wastewater treatment facilities in Tarpon Springs, Pinellas County, and Largo, Mr. Baier recommended constructing a storage tank adjacent to the Marshall Street facility. He supported the implementation of the City Manager's suggestion for a Citizen Task Force to provide: 1) community input regarding the appearance of the pr<;Jposed facility; 2) recreational needs of the North Greenwood community; 3) noise concerns; and 4) Stevenson's Creek dredging and odor, etc. Engineering Director Rich Baier referred to a suggestion to locate the tank on a spoil island in the Intracoastal Waterway and noted the City does not own the islands. He said other piping and flood issues would increase costs. He said staff looked at City and private properties as location possibilities. He noted the problem of aggregating a large enough parcel. If the tank must be taller, it will cost more and cause additional aesthetic concerns. It was questioned why an open pond at Court and Chestnut remained as a choice. The City Manager indicated the list includes all sites staff has reviewed. She noted relocating tanks from the Marshall Street plant site to Vine Street or the gas plant site would cost approximately $1-million more. It was questioned where the materials stored at the gas plant site would be located. Mr. Baler said that location would require the City to purchase an $80,000 strip of land from the railroad. He noted the preferred location on the gas plant site would be to the South of the building. Storage needs can be rearranged. The City Manager said the projected costs for the gas plant site include clean up costs. In \.J mws05.96 7 05/1 3/96 .~ answer to a question, Mr. Baier said the City would not have to cleanup the gas site for many years. '" , . d. . In answer to a question, he said the storage tank will hold 5-million gallons. The estimated $810,000 cost to construct the tank at the Marshall Street site is included in Phase I of the reclaimed water project estimated to cost a total of $4.6.million. Landscaping costs are additional. Phase II will provide reclaimed water to additional downtown areas. Storage will come from this facility, wherever the City Commission chooses to locate it. He suggested a connector project connect the Marshall Street and Northeast plant to provide additional water for the project. In answer to a question, Mr. Baier said residents will not use the total gallons of available reclaimed water within the next couple of years. < : ,. " . ;<', ,';'..;' " :,: I Mr. Baier reported any relocation of the storage tank away from the Marshall Street AWT (Advanced Water Treatment) Plant will result in added costs for piping and pumping. The City Manager noted additional staff also would be required. Mr. Baier said only the storage tank is reflected in the capital cost and total cost estimates. He noted operating costs are not reflected in the capital costs. He will provide information on operating costs to the City Commission on Thursday. '.c'i,..:.. "I" t"~~) 'f" of/I Mr. Baier distributed a picture of a disguised pumping station. It was felt the proposed berm at the Marshall Street plant will address aesthetic concerns. In answer to a question, Mr. Baier estimated disguising the pumping station would add many thousands to the project's cost. Amendment to Agreement with SWFWMD for Coooer's Point Habitat Restoration and Management to allow SWFWMD to reimburse the City for work performed under the agreement '.' '. On November 3, 1995, the City Commission approved the agreement between SWFWMD (Southwest Florida Water Management District) and the City for cooperative funding through the Districes SWIM (Surface Water Improvement and Management) Program in the amount of $100,000 in matching funds for habitat restoration and enhancement at Cooper's Point, DelOra, and along Bayshore Boulevard. The agreement calls for SWIM to be the lead for work to be performed in the "wetlands," and for the City to reimburse the District for monies expended up to $100,000, total project costs not to exceed $200,000. This amendment allows the District to reimburse the City for work performed in the wetlands within the scope of the agreement in instances where it is more convenient or expeditious for the City to do so. '.' !'-", :..' /';' ' :i.;;. I..l: '. , In answer to a question, Mr. Baier will report on the location of the Derwin-Smith area. It was questioned why the college is not reimbursing the City for the cost of cleaning up their area. Mr. Baier said the subject property is undeveloped. The college is not a party to this agreement. The property will be restored and made available to the public as a science/nature education area via an easement through the college. He said the sign indicating people should not proceed past a certain point will be changed once the nature area is completed. ','. ;~ ': \.J 8 05/13/96 mws05.96 . , '.' ., .. >,1">:, ;': . ,...~:',~: ' '. , ,. "" +'" ' I" \ j L . ' ~ . ':" , '. ' .,.. .' .,' \',.: '.';" .'.".:....:.....,.. ....':..,\:~ :~.:'.<':,<,:..'..,.<::,~,..".:<....':,:..;.:.:.:..\~.."'..>.:.', '..,.,.'",':"',/",~c,, .:.:.,.:,"...,. '. :'::,;:.....:...,..:.:':.~<...:.,.,..,.~.'" .o', . \, ".'. ' "'\ .,..~::.:;:,.. '.':' ..,;~ . .:'.:,>.....';,::.,...,.,.:.,:::...: .!::-:;"':r.>"'< ....;..:\.~'.:~'..,::,.:[' ..', ;)<\:,;.;:.~'".i:.":, \>>:::.'; ~', .,. ' ,: -":', " ,:. ....... ::' :,. ':.::'.:' oj:'. '"...... , . . .. ,. , ~". ".4'" , '. : .: .'.,;!,.:'.'.r.:'.:'.'.:,'..";,:,',:,":~::,',..'" r ,'. ...........,.....',.. :. .,';~..';. \ .'.",'.:.: ,.,..'~... ' ;. ;\ ~ ....<:::~}.;. ~,.:.'I'. '~':',;':.,~:. ., . , of,' .".... ". .. .....- .,." .>..~.:;.:'.....'...- , '. " ',.1'. I,... '.:. .- I': ' . , '. ., ';", i,= ..' : ' ( , . ~ . . r .1;. :' ,~ '., . . ',' '..... I ,l.:" ';,;:". ' .~ . .. . ( '.~--- . ','.' , ..... t" ..:.' , :. ~ . ',,: . >, ; .; ".,. f. .' " .. .' " ~ ., .' " '. J ' . ' I :.~ ~: . .: '., I:' ,. . '. '~ . ~'. , , . . '. ,. .~ '. ,~'.~ ~ ";, The City is a joint owner of Cooper's Point with Pine lias County and, by agreement, is responsible for property management of Cooper's Point. The City is developing a restoration and management plan for Cooper's Point in conjunction with SWFWMD and Pinellas County that provides funds for work in upland areas of Cooper's Point and for work not funded by the District. The City requested and received approval for a $50,000 grant through the FDEP Pollution Recovery Trust Fund to restore and manage natural wetland and upland habitats while providing public environmental education opportunities at Cooper's Point. ~ Aareement with FOEP for funding CooDer's Point Restoration and Management, in the amount $50,000 The agreement does not require a City match and specifies work for which the City will be reimbursed to include project construction, exotic vegetation control, and public access facilities. This agreement is consistent with the City's 5-year Capital Watershed Plan and Water Resource Project Summary Document approved by the City Commission in June 1995. On March 20, 1996, the EAB (Environment Advisory Board) recommended approval of the agreement. Total restoration and management costs of Cooper's Point are estimated to be $625,000 and is included in the current capital improvement fund- stormwater project funding over the next five years. i"::(,~) ...~!:"'l!. It was questioned if other funding sources have been considered. Mr. Baier said the City approached the college which indicated they did not want to be a part of the project. Funding is being provided by the FOEP. He noted Pinellas County is not funding this project. It was recommended staff approach Pinellas County again to fund this nature area. Mr. Baier said there will be a nature trail and science education facility once the project is completed. The area will remain natural while providing public access. It was suggested the college may wish to participate once the project reaches that point. Contract for Soule Road Park to Kevstone Excavators. Inc., Oldsmar, FL, for $128,739.28 On April 12, 1994, the Elysium Homeowners' Association requested the City accelerate funding and development to provide a place' for neighborhood children to play and roller blade. Funding for the Soule Road Park development was included in the FY 1994/95 CIP budget. Beginning in early 1995, staff contacted all surrounding homeowners' associations regarding this development and received input from: 1) Boy Scouts of America; 2) Elysium; 3) Chelsea Woods I; 4) Chelsea Woods II; and 5} Chelsea Woods West. The ORC (Development Review Committee) approved the final site plan which met the needs of the majority of the homeowners and addressed the concerns of nearby residents. The contract includes site work and construction of a 10-space parking lot, two unlighted tennis courts, a walk system through the park, and a 90-foot by 50-foot roller rink. Staff recommends accepting Alternate # 1 to the bid to substitute a 1 a-foot wide asphaltic concrete walk for a 10-foot wide 6-inch thick concrete sidewalk and save I~ mws05.96 9 05/13/96 landmark Drive Extension $3,262.60. Items such as the fitness court, playground equipment, bicycle racks, etc., .~ will be Installed by staff. Mr. Baier s(lid the small park was designed in-house and will contain tennis courts, hand ball, a hiking trail and several parking spaces. In answer to a question, he said the park is not under the power lines and is immediately to the South of the Boy Scout camp. He noted Parks & Recreation Department staff have met with the neighborhood. It was questioned if neighbors had objected to the park. Mr. Baier said the only community concern related to the possible extension of a neighborhood road. Access will be via Soule Road. He said the park was developed in concert with Elysium concerns. Signs will be posted regarding requirements for helmets, pads, etc., for those using the asphalt roller rink. Aoorove Engineer of Record Contract Work Order to Post. Bucklev. Schuh. and Jernigan. lnc.. to imolement the Clearwater Harbor Three Year Monitoring ProQram, for an amount not to exceed $193,318 . The City Commission has expressed concern regarding issues related to the health of Clearwater Harbor including water quality, poor circulation, and the nature of sediment discharged into the harbor. This project will assess water quality conditions in Clearwater Harbor to determine typical water quality, if any trends are present, if water quality problems are significant, and to develop recommendations for remedial actions. ""~1 ("..'" ~ ,'>,' .~ ~ ~. Mr. Baier said this project will not overlap with the NEP (National Estuary Program) underway in Tampa Bay. In answer to a question, Mr. Baier hoped the results will provide staff with a better grasp of the data. Pinellas County has not always monitored some of the areas. The data will help staff identify trends. He noted a surface water monitoring project was recently completed. It was questioned if the project qualified for any State or Federal grants. Mr. Baier said if any grant funds related to the project, staff would have applied for them. Mr. Baier was complimented and thanked for organizing the May 9, 1996, meeting regarding the landmark Drive extension. Mr. Baier said he had met this morning with representatives of the Vogel property and reported significant strides had been made addressing all concerns regarding plans for dovelopment of that property. Mr. Vogel has indicated he wants to work with the City and offered to contribute $2,000 toward landscaping of the right-of-way. In answer to a question, the City Attorney believed most of the problems regarding the development agreement had been resolved. It was questioned if the road now can be centered. Mr. Baier said the agreement needs to go before City boards. That process will not be completed until late August. It was noted at the meeting, Marlo Boulevard residents were split regarding connection to the Landmark Drive extension. It was noted many opposing viewpoints exist. It was suggested the ends of Marlo Boulevard, Parkstream and Saber Drives need to be addressed. Mr. Baier said the Landmark Drive extension will be completed in Summer y mws05.96 10 05/13/96 Harbor Sauare OJ 1997. He suggested holding a meeting to obtain Marlo Boulevard neighborhood comments. He noted a handout distributed in the neighborhood urged one action but did not explain all the issues. It was recommended the City distribute a fact sheet to every residence in the neighborhood. It was suggested one mailing provide information and a second mailing invite residents to the meeting. It was suggested posting a sign would be as effective. It was noted postcards could be mailed. Mr. Baier reported other neighborhoods wish to be involved in the decision regarding whether or not Marlo Boulevard connects with landmark Drive. The City Manager noted the City Commission's past direction was for only the Marlo Boulevard neighborhood to be involved in that decision. Consensus was to set a meeting date to address Marlo Boulevard and the landmark Drive extension at the June 3, 1996, Work Session. Memorial Causeway BridQe Reolacement Mr. Baier reported he and Commissioner Hooper had a productive meeting in Tallahassee with FDOT (Florida Department of Transportation) Secretary Watts. The State provided suggestions on how to best capitalize on obtaining needed funding. He reported agenda items will be coming forward. Commissioner Hooper noted Secretary Watts was well versed regarding the project. They also spoke with Federal representatives. 0 lr~r'io(,'L'\, (o,,,oo~J ~ _, ~l"" Mr. Baier referred to the pending rehabilitation of the Memorial Causeway Bridge. He said the construction will occur between August 1, 1996, and Christmas. He said the revised scope of work is more inclusive than he was originally told and expressed concern regarding plans to permit access via Drew Street, which will be unmanageable. Signs will warn motorists before reaching the bridge. In answer to a question, he said a recent accident did not cause any structural damage. In answer to a question, Mr. Baier said the City has not yet received approval for changes to the bridge opening schedule. Stuff has sought to make the changes in perpetuity. Concern was expressed that Harbor Square tenants need assistance. Mr. Baier indicated the City has responded to their concerns via a letter from the Mayor. He expressed concerns the City may be over-reaching Clearwater's jurisdiction. He reported. when the property owner developed Checkers, the FDOT counseled him that developing the outparcel would inhibit the plaza. The owner met code and went forward with that development. Mr. Baier noted some tenants receive a rental discount due to extenuating circumstances regarding access to and signage for the shopping center. It was noted access off US 19N is difficult between the Checkers and closed gasoline station. Mr. Baier agreed the tenants have a problem but noted the intersection of Sunset Point Road and US 19N is the top accident location in Clearwater and one of the most dangerous in Pinellas County. Mr. Baier( said he forwarded the letter of concern to the County. Tenant v mws05.96 11 05/13/96 . \ i I , 1 t I f I l 1 I l 1 , CM ADMINISTRATION 11 concerns regarding lack of access and no left hand turn off Sunset Point Road are County issues. Stevenson's Creek uogrades throuQh Clearwater Countrv Club In answer to a question, Mr. Baier said he would report on the estimated completion date and total cost of the Stevenson's Creek project. Public Hearina & First Readinq Ord. #6046-96 - GTE Cable Franchise On January 11, 1996, GTE (GTE Media Ventures, Inc.) submitted an application and requested a franchise agreement based on State and Federal law. The ordinance grants the use of City rights-of-way for 10 years. GTE will pay a 5% franchise fee, the highest allowed by law. This rate can be changed if the law changes or if the City chooses to change the fee by resolution. Upon signing the franchise agreement, GTE will pay a grant of $50,000 to reimburse costs incurred by the City for the services and expenses of granting this franchise or any lawful purpose. Currently Court and Cleveland Streets have no cable service. In addition to public buildings their system passes, GTE will serve: 1) the Municipal Services building; 2) Police Department; 3) Main Fire Station; 4) City Hall; 5) Clearwater Public library; 6) Harborview Center; 7) Pinellas County Utilities Building; 8) Pinellas County Courthouse and buildings at 310 Court Street; and 9) Pinellas County at 440 Court Street. (:~) Appendix A describes the system and will require a state-of-the-art system as defined in the area. Appendix B describes the general requirements for maintaining the system. Appendix C describes access channels, equipment, facilities, and services. GTE will be required to carry the same channels and programming as required of the current (Time Warner) franchise holder. An additional digital channel will be provided at City request once GTE provides programming on a digital basis. GTE initially will pay $67,000 for government access equipment and, at the end of 7 years, will pay $50,000 for equipment. Clearwater will use this money to support and provide facilities and equipment for government access programming. GTE will pay the following for public education and government access support: 1) Year 1 - $50,000; 2) Year 2 - $50,000; 3) Year 3 - $75,000; 4) Year 4 - $75,000; 5) Year 5 - $75,000; 6) Year 6 - $100,000; 7) Year 7 - $100,000; 8) Year 8 - $100,000; 9) Year 9 - $125,000; and 10) Year 10 - $125,000. Payments will total $875,000. These funds will be used to support and supplement government and public access in the City program and can be used for maintenance, programming, and to purchase equipment. After the 4th year, GTE can request renegotiation of the amounts and manner in which education and government access is paid if Pinellas County adopts a different model for programming or if GTE has less than 12,500 subscribers. The City reserves the right to negotiate, taking into account it may be appropriate to provide support to the City in addition to any shared costs. . ... mws05.96 12 05/13/96 I i i ! I f i t. . i . :',1.,':" In answer to a question, Ms. Rice said the annual payments would come to the City to use for government and public access. The City can use the money to help Time Warner if the County establishes a non~profit organization to handle government and public access programming. The City Attorney indicated these funds are paid by GTE to make the field more level. She noted local origination programming has become more questionable. It was noted the City receives no income from wireless and satellite dish operators. Ms. Rice noted those sources make it more difficult to identify a "level playing field.'t ~ Appendix D is the Institution NET and the GTE contribution is included in the $50.000 grant referenced above. Appendix E is the Customer Service Standards. These standards ore generally consistent with the old Vision Cable standards. Ms. Rice reported the recent Federal telecommunications act removed many things from the City's authority. She felt this agreement represented the best deal that could be negotiated. Ms. Rice said Appendix E addresses a major concern regarding good service and indicated GTE has agreed to the customer service standards established by Vision Cable. Time Warner has not agreed to those standards. She noted Time Warner may complain that they have not been treated fairly on a "level playing field." She felt that issue is up to negotiation and perception. She noted citizen comments requesting a choice for cable television. In answer to a question, the City Attorney expected Time Warner to come forward with an agreement once the GTE franchise agreement is in place. Ms. Rice reported Norm Sinel will attend Thursday's meeting to address issues in the Federal telecommunications act. ~~~- t:. ". "'c\:' It was questioned if this agreement places GTE in a lucrative position over Time Warner. The City Attorney said staff would not have presented this agreement if they thought that was the case. The City Attorney felt the agreement is fair. Ms. Rice, said cable's real competition comes from wireless operators which are not required to provide any additional community services. It was noted Time Warner is required to offer cable connection and on-line service to all schools. The City Attorney noted federal law requires the same of GTE. Concern was expressed regarding requiring the cable companies to share proprietary information. It was felt an equal sharing of costs, as audited for Time Warner, would be fair. The City Commission will have to decide if the playing field is level. Ms. Rice said those costs are hard to calculate as Time Warner expenses relate to the whole County. It was noted GTE's expenses would be lower without an on-site general manager. OTHER CITY ATTORNEY ITEMS - None. City Manager Verbal Reports Direction re reauest to reconsider selling Island Estates orooertv v mws05.96 13 05/13/96 ! I ! I " [ [ . ~ :--'::i';i\ ,..:..;1 ,:.) The City Manager reported the City has been approached again regarding City property on Island Estates. Over the past five years, the value of commercial property on Island Estates has increased slightly while the value of residential property has decreased slightly. The City's property is zoned commercial. Real Estate Services Manager Earl Barrett had indicated the original appraisal of $430,000 may have been too high. He had reported the current appraisal of $230,400 is not out of line. It may take many years before the property value increases to the size of the original appraisal. It was questioned why the City should sell the property during a down market. The current appraisal is half the original. It was recommended the City not sell the property until they can recoup the original value. It was questioned if the City can advertise the property for sale and retain the right not to sell it if bids are not adequate. The City Attorney said the City's Charter states the City shall sell property to the highest bid over appraisal. Once the City Commission declares property surplus and advertises it, the City can add conditions, but would be required to sell it for the highest bid over appraisal. Consensus was to not consider selling the Island Estates property at this time. Florida Orchestra reQuest to helo fund Youth Concerts and Side bv Side Concert in Clearwater this spring with a one-time $25,000 matching grant It was noted the City already contributes $15,000 annually to the Florida Orchestra. It was noted during a recent youth concert, Resident Conductor Thom Wilkins held the attention of more than 2,000 4th and 5th graders. It was suggested parents could financially support this field trip and it was recommended to explore all avenues of funding. It was recommended this request be made during the budget process. It was suggested the annual contribution be increased instead of approving a one-time matching grant. It was felt the City Commission should first review all other requests before reaching consensus on this issue. Consensus was to not consider this request. Agenda Arrangement The City Manager recommended City Manager Verbal Reports on Thursday's Agenda include discussion regarding the GTE franchise. Discussion of the Gas rate will occur during ordinances. Reclaimed water will be addressed Under Items of Widespread Public Interest at 7:30 p.m. City of Safety Harbor Recycling The City Manager referred to a memorandum from Solid 'Naste Director Bob Brumback that reported the City of Safety Harbor had approached the City to do their recycling. The City of Safety Harbor's current contract with BFI costs $1.63 per household per month which is less than the City rate to City citizens. The City of Safety mws05.96 14 05/13/96 ."d ".,. . " . ".1- ~ . ~ I I . l ~~ (.,:<1 (:~ W Harbor has requested Clearwater handle their recycling but hold the rate at $1 .53 per month. The more recycled materials the City has, the more valuable they are. Mr. Brumback had indicated he was not comfortable providing a service to residents outside City limits for a lower rate than is offered to City residents. Mr. Brumback said if the City of Safety Harbor handles their education, billing, and cost for yellow bins, he estimated Clearwater's costs will be reduced to $1.49 per household. The cost for an additional truck would be recovered from Safety Harbor citizens. Concern was expressed citizens would have a hard time accepting residents outside City limits being charged a lower rate. It was suggested the City approach the City of Safety Harbor regarding all their solid waste needs. The City Manager did not know if the City can provide that service. Consensus was for staff to pursue this issue. Commission Discussion Items Lobbvist Ordinance The City Attorney noted the City has received comments and concerns regarding the recently enacted lobbyist ordinance. She noted the ordinance identifies anyone who is compensated in any manner and lobbys for an action or nonaction, as a lobbyist. The ordinance addresses all communication. She suggested addressing written communication may be excessive because it is already public record. She suggested the City could institute a sign-in process instead of a registration process. Currently included in the ordinance are the City Commission, all boards, the City Manager , ~aputy City Manager, Assistant City Manager, City Attorney, eRA Director, and department heads. She said the problem with including department heads is that working on issues is part of their job. For example. the Economic Development Director solicits people to come in and talk to him and when they do come in, he must ask them to register as lobbyists. In answer to a question, the City Attorney said if a City Commissioner initiates contact, that person does not have to register as a lobbyist. She said if that person brings up another subject, that person then would be considered a lobbyist. Consensus was to remove department directors from the ordinance. It was suggested the ordinance only refer to decision-making boards and not those who only make recommendations to the City Commission. The City Attorney said those boards can be named in the ordinance. The City Attorney indicated most jurisdictions cover telephone calls in their ordinance. She suggested if telephone calls are covered, each City Commissioner could use a log to list telephone calls. It was suggested to eliminate telephone calls from the ordinance. Concern was expra!~sed that the City Commission needs to follow the spirit and intent of the ordinance. A reference was made to a letter of concern from CNHS (Clearwater Neighborhood Housing Services). It was suggested that non~profit mws05.95 15 05/13/96 ,1. . This issue will be addressed at the next Work Session. A copy of the ordinance will be distributed. ..~ organizations be exempt. The City Attorney did not think any non-profit would violate State or federal law by complying with the City's lobbyist ordinance. Concern was expressed the City may have lost a potential development because the department director was unable to speak with the unregistered developer. The City Attorney noted some people will not disclose the names of their clients. It was suggested the ordinance be limited to City Commissioners and decision making boards. The City Attorney noted other jurisdictions also include top level staff. She noted certain items may not come to the City Commission. The lobbyist ordinance covers actions and inactions. Someone may lobby staff to not take an action. The City Attorney noted an exception to lobbyist registration requirements for those who address the City Commission at a public meeting with no other communication to the City regarding that Issue. She reported the issue of ex-parte communication will be addressed as a separate issue. (~~~~ ,~ 1\-. The City Manager said someone with a special project may be reluctant to approach the City if they are required to register as a lobbyist. The City Manager noted the City Commission needs to identify the intent of the ordinance. Concern was expressed the new CRA director may be on the same level as top management. The City Attorney suggested the process can be simplified somewhat with a log-in process. The City Manager suggested a registration process similar to the State where lobbyists register without being specific regarding issues. The City Attorney noted the State requires lobbyists to disclose the principals. She said the form could be more general so the lobbyist would not have to disclose their specific issue but just their principal. Currently, lobbyists must register for each issue. Concern was expressed a lobbyist may address more than one issue during a conversation. . The City Attorney questioned if the City Commission would prefer to use a registration form or sign-in sheet. It was suggested lobbyists use a form to register once a year per client. It was suggested a log-in sheet would work better, especially for lobbyists with more than one client. Concern was expressed regarding lobbyist restrictions on the Deputy City Manager who currently is acting as the Interim Director of the CRA. Consensus was to amend the ordinance on Thursday to remove references to department heads and the CRA director. Other Commission Action Commissioner Johnson said he attended the Young Eagles show on May 11, 1996, at the Airpark. He said the event was great and recommended all attend next year. He said the children had a wonderful time. \~ mws05.96 16 05/13/96 i ! I I i I f j , Commissioner Johnson ,questioned if the City gives money to Clearwater Jazz every year. Ms. Rice indicated the City Commission increased their contribution to $25,000 last Commissioner Johnson Questioned the status of the Pickles Plus II restaurant at the Harborview Center. Assistant City Manager Bill Baker reported the facility currently is being constructed and the restaurant will open in September. He noted other Harborview Center items need to be addressed. ~ year rather than permit them to serve beer. She said the organization wrote to request the City Commission budget the same amount of funding next year, Commissioner Johnson noted many complaints regarding Spring Break and questioned if the City Commission needs to consider curfews. It was noted the Police Department had indicated this Spring Break differed little from previous years. Commissioner Johnson Questioned if the paint problem at the Municipal Services building had been rectified. The City Manager noted five people went home when painting was being done. She did not anticipate that work to be repeated. Commissioner Johnson did not think it is necessary to signify a day for Toastmasters. It was indicated a proclamation has been prepared regarding Toastmasters International. Commissioner Johnson referred to a letter requesting a cutback in ferry service. The City Manager said that issue will come to the City Commission as a change in the contract. Commissioner Johnson referred to a letter regarding a transit proclamation asking people to ride the bus. He noted few people are interested in riding the bus to work. It was noted the service cannot be improved unless people ride the bus and people will not ride the bus unless service is improved. c:~;, Commissioner Johnson recommended the City Commission support the extension of Penny for Pinellas. It was suggested the City do more to provide the public with information regarding proposed programs. The City Manager indicated this will be addressed during CIP discussions. Commissioner Johnson noted a large percentage of activities at Harborview Center are City-sponsored events. He noted the need for a sign to list the schedule of events. The City Manager said the Harborview Center General Manager will bring that issue forward in June. ~J Commissioner Johnson noted the City Commission had approved a $150,000 budget to construct a catering kitchen. Mr. Baker said completion of the catering kitchen was an element of the Harborview Center project and indicated staff will bring forward some changes. Commissioner Johnson noted the contract with Boston Concessions included an offer to lend the City $250,000 and questioned why the City needed that funding if they had already agreed to spend $150,000. The City Manager said the level of funding approved is not enough to construct an efficient kitchen. This issue will be addressed at the June 6, 1996, meeting. mws05.96 17 05/13/96 \~ Commissioner S~QI complimented Budget Director Tina Wilson for running an efficient Fiscal Review Committee meeting. Commissioner Seel referred to a memorandum she distributed. to Commission members proposing the establishment of an Economic Development Committee and Beach Advisory Committee. She named other successful cities with economic development committees. The Mayor questioned the intent of the Beach Advisory Committee. Commissioner Seel said many beach issues need to be addressed. The City Commission is the only coordinating body concerned with how beach community members feel about different issues.' This issue will be addressed at a future meeting. Commissioner Seel felt the proposal needs to be discussed promptly. Commissioner S~!ill noted the City once had an Enterprise Zone and Questioned if the City is willing to pursue the one available through the State. Economic Development Director Alan Ferri will research the issue. Commissioner Seel noted the City may be able to fashion a zone based on new State law regarding incentives. I: . , Commissioner Seel referred to a letter regarding the economic impact of the Devil Rays. She hoped jobs and housing opportunities are marketed throughout PineJlas County. .'" " Commissioner Hoooer offered kudos to Parks & Recreation Director Ream Wilson and staff for the successful Fun 'N Sun parade and festivities. .'Ft.~~ t,,~., Mayor Garvev questioned if Work Session minutes need to be distributed. .11 t Consensus was to continue distributing Work Session minutes. Mavor Garvey referred to a letter from Reverend Frietag regarding his wish to be appointed to the Design Review Board. It was indicated a response was drafted. The City Clerk reported Reverend Frietag did not qualify for the Clearwater beach property owner or merchant vacancy. He would qualify for one of two at-large positions. Mavor Garvev thanked all volunteers who helped clean up the beach. She also. thanked those who attended the farmer's market. The last marketplace took place last Saturday. She said turnout was good. Mayor Garvey reported the buy one-get one free Florida International Museum tickets expire on May 19, 1996. Adjourn The meeting adjourned at 5:25 p.m. u mws05.96 18 05/13/96 i ~ r \ I I f f ! i '/;' ; ~ .,. " ,. ,~;..,..[, ~ 11 .. .