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11/04/1996 (2) " :0 .' ,< ,', "," .:.1' '., , , " .' I ~ . ',.1'.' r~' f ',:f . ,.:1 ,"\. ,', , '~J: ;\, ;c/ :::' ~::^;;>',I{ ,~,\~,~ <:'~;)"i': ",,1 '. ' ~ ;.' ,~ ~ "'0' " .. I ','",r.. . .". f , ' , -!", ; I'~ ;.;~~': : I ~I,' :;:. 't , ' .:..','. i." I'" (")' : c ~' \J ': ~ . {' J 1.\1,; .i' ;(~t<." ~;::,'( :::': )( ,c... ~~l(;:-:.:",< . , " ~'''.::\:'; , .', ?:. ....c' !. ~ J )' \"~\~,,; ,~, P ,'j .i....j ",. ",0: 'h . . ~. "j J. ~.I: ... , : ~. ~ ~~ . . i:l ,~ .. J,' " /r'"' -. I : ,L ~ , ~ : ',' \', ' ( I, , , ' .. (;) ;:,' f, r,.: , , ,', >, "" \. .! '~. I 'lj . .<,,; .- ," . .~. ~ .\ I." '\ h " .},: .' " ../ " " '., ". ~ .1. .; ~ ",., ' " , , c', 'J ,: '1 WORKSESSION " '"t', ':' \ 0"" ,~ ", ~ ;', .,..' ,Date ': " ',' . '" , ' 'City~ommission Worksession'Minutes , , ' , l , ! :, " , . \~ . t i, 'I '" j.;J;t~;~ i;l;:":,{::: ~,,;"i;i~:;! ~;;;,W~~I ~,<~ ,~,,,,,,~,,~~~:,,,,":..~,,,~~~:,i";"'V.;'::: ,:~;,;,.: ,,;,i,j," ~",; , ' '1 ;', ......" -"t.i ~' ~ ~,:' <~'.: .~'" .... I '. c .".,'..... "1' ~. ~ ~,~ '~.' ~ ~:I' :. ~'~\ ~ / ~,~ ~:."< ~. :', ~I~: ,l.)~. . ~ :. ': ~. ~',I:~.,' . :'~ ':,' ',:,1 ,~: :;,/ ~;..:,;):}i; :',)i~:' ..~ ',,',:" \ :,)" " .I:" .oJ'., .,' ~ ' " " '. .' ; ! I I I 1 t '~i~ '. .,1>' ~. ~" '~~ >,', ,l c ~ cl .':' ~: ' 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 /Commissioner Commissioner Commissioner Commissioner City Manager Deputy City Manager A~sistant City Manager City Attorney City Clerk Board Reporter , .' '\ , \ ,~ CITY COMMISSION WORK SESSION CITY OF CLEARWATER November 4, 1996 The meeting was called to order at 1 :00 p.m. at City Hall. Service Awards - None. The Commission recessed from 1 :00 to 1 :05 p.m. to meet as the Pension Trustees. GAS GAS SYSTEM pt.~ ~(,.~.,. ~, Purchase of Prooane Tanks from American Weldina & Tank. Camo Hill. PAr for $112.128. and to Manchester Tank, Brentwood, TN, for $32,154, for the period 11/08/96 -09/30/97, for, a total $144,282 These tanks are necessary for new customer installations as projected in the CGS (Clearwater Gas System) Strategic Business Plan and will be used in areas of Pinellas and Pasco counties without natural gas mains. Estimated quantities are based on projected annual needs for residential and commercial customers, and above and below ground applications. In response to a question, CGS Managing Director Chuck Warrington said CGS will explain to customers whether their gas service will be propane or natural. He said a former sales representative did not clearly explain that information. Tanks can be reused and will be purchased as needed. All allocated funds may not be used. 1M INFORMATION MANAGEMENT Enterorise Network - Phase" (Marine & WPC) - Purchase of: network eauioment & software from Megabvte International. Tamoa. FL. for $43.842: 7 Dell desktop oersonal comouters & related components from Dell Comouter Corp., for $21,164; and other misc. expenditures for $13,586; financing of network equipment & computer equipment for $35,676 to be provided under City's master lease-purchase agreement y mws 11 a.96 1 11/04/96 \ I , I , I I \ I , l. i I f r \, , , , ''1' (~) {,;.:.a V In Spring 1995, 1M (Information Management) presented a Strategic Plan to the Commission regarding new automation technologies for City work processes. The plan included replacing PCs (personal computers) and networks and developing an Enterprise Network, divided into 2 CIP projects, Phase I and Phase II. Phase I included fiber optic cable connecting the Municipal Services Building to the new Police Headquarters, Fire Administration, City Hall, and Graphics. Also included were new pes and network hardware/software for City Hall and the Municipal Services Building. The Municipal Services Building is complete and fiber optic cable installation is complete except to the Graphics shop. The PCs for City Hall were purchased. A separate agenda item will come forward in December 1996, to purchase network hardware and software for City Hall. Phase II will include Marine, WPC (Water Pollution Control), CGS (Clearwater Gas System), Solid Waste, Parks & Recreation, the Main Library, Fire, and General Services including Fleet and Building Maintenance. As staffing resources prevent 1M from installing all the equipment for Phase II at the same time. the project will be completed over 18~ months. Equipment required for Phase II will be bid and brought to the City Commission in manageable groups to allow the City to take advantage of constant upgrades in the computer industry. Breaking the project into groups prevents storing equipment while awaiting its installation. This agenda item is the first in a series of purchases related to Phase II of the Enterprise Network. This purchase will provide equipment for the Marine Department and WPC. A new local area network will be installed at WPC and 3 older PCs at the Harbor Drive site will be replaced. New equipment will augment 1 notebook and 3 desk top computers which remain serviceable. The network will support the L1MS (Laboratory Information Management System), Microsoft Office Suite, Ross Financial System, and Utility Billing System. It will provide easier file management, share printer services, , increase security, and more efficient work group process through the network. connection to the City~wide network for file sharing and E-mail is done through frame relay, a GTE communication service. The Marine Department's network upgrade includes 4 replacement PCs. Marine will be able to share files, use City standard software and E-mail, and to communicate with the Municipal Services Building to access the Ross Financial System. Systems & Technical Services Manager George Denty reviewed Phase II. In response to a question, he estimated the December request will cost between $60,000 and $70,000. The PCs already were purchased. Concern was expressed regarding the legibility of the attachment. It was recommended staff expand spread sheets to extra pages rather than present reports that are too small to read. LIB LIBRARY ~ontract renewal for maintenance of Gavlord Galaxv automated Iibrarv svstem with Gavlord Svs,~ms, Syracuse, NY, for the period 01101/97 ~12/31/97, for $47,621 I \ mws11a.96 2 11/04/96 , I PO POLICE ~ The Gaylord System provides on-line circulation control and public access reference to library patrons. The contract includes hardware and software maintenance. A software/hardware maintenance contract from the vendor is cost efficient and provides control over trouble-shooting and diagnostic procedures. Only Gaylord provides maintenance for its software system. Combining the hardware and software maintenance provides 24-hour, dial-in support and on-site maintenance or replacement hardware to avert down-time. No other vendor provides this level of service. In response to a question, library Division Manager Linda Lange said each Library Cooperative member uses a different vendor. Deputy City Manager Kathy Rice said the Cooperative had considered a common vendor but felt that was unnecessary as long as the systems can communicate. It was suggested a common vendor may offer advantageous pricing when bidding. Ms. Rice indicated other systems are on the market but Gaylord is the sole source for maintaining the City's system. Aoorove acceotance of 1 vear grant of $78.750 for FY 1996/97 from FOOT State Safety Office. for Clearwater Pedestrian Safety and Enforcement Proiect , ('~;~, In 1993, 53 pedestrian crashes occurred in the City. In 1995, pedestrian crashes increased 43.4% to 76. During that time period, fatal pedestrian crashes doubled from 2 to 4. This project will fund a police officer tasked to pedestrian safety enforcement and education. Project goals are to improve traffic safety and better address citizens' traffic safety concerns. The grant will fund an additional traffic enforcement police officer, public information materials, bicycle and related equipment, one police cruiser, and a notebook computer. The officer, along with Traffic Enforcement Team members, will receive specialized training in pedestrian and bicycle enforcement techniques. This training will be available for all community policing officers and Americorps NUCOPS. who will conduct pedestrian and bicycle ~afety enforcement and education programs in their assigned areas. The grant-funded officer primarily will patrol the beach and downtown areas via bicycle, with a priority to enforce pedestrian and bicycle statutes. This officer will provide additional training and work in conjunction with the new Downtown Community Policing Bicycle Unit. Initially, only warnings will be issued. Pedestrian safety brochures will be mailed to violators through the new computer system. During start-up, the department will conduct an information campaign. Pedestrian safety material also will be distributed to motels and hotels. Pedestrian safety education presentations at neighborhood centers will outline enforcement activities planned for problem areas. Due to a delay in the award notification by the State, the Police Department will seek an extension on this project. Estimated in-kind costs associated with first year start-up are $4,771. This grant may be renewed up to 2 more fiscal years with share percentages: 1) grant year 2 - 25 % matching funds; 2) grant year 3 - 50% matching funds. Exact costs are unknown as yearly grant amounts are variable. The resulting police officer position will not be retained after the grant's conclusion but will be phased out by attrition from the department's authorized strength. ~~~ mws11a.96 3 11/04/96 PR PARKS AND RECREATION ('~ Am! Aoorove acceotance of 1 vear grant of $162.100 for FY 1996/97 from FOOT State Safetv Office. for Clearwater DUI Enforcement Proiect ; I In 1995, DUI fatalities increased 4% nationally. In Florida, the increase was 2.3%. Cle!uwater's alcohol related crash rate is the 3rd highest in Pinellas County. This granfs goal is to reverse this trend through increased enforcement and public education. The grant will fund 2 additional police officers to increase Traffic Enforcement Team staffing. These officers also will participate with other Pinellas County Community Traffic Safety Team members in joint DUI enforcement activities. This grant will fund an electronic message board for enforcement and public information campaigns. Grant funds will be used to purchase 2 police cruisers, 2 in-car video systems, 2 radar systems, a portable breath test device, video supplies, and public information materials. Activities associated with the grant project include: 1) public service announcements on C~View TV; 2) DUI prevention materials mailed with utility bills; 3) DUI prevention presentations at high schools, neighborhood centers, and neighborhood watch meetings; and 4) Victim Impact Panels for repeat offenders. The department will host 4 DUI checkpoints in the City and participate in 3 joint DUI operations with the Pine lias County Community Traffic Safety Team,: Due to a delay in the award notification from the State, the department will seek an extension of the grant project. tJi;j~ .. ..!" ," .; Estimated in-kind costs associated with first year start-up are $23,936. This grant may be renewed up to 2 more fiscal years with share percentages: 1) grant year 2 - 25% matching funds; 2) grant year 3 - 50% matching funds. Exact costs are unknown as yearly grant amounts are variable. The resulting police officer positions will not be retained after the grant's conclusion but will be phased out by attrition from the department's authorized strength. Concern was expressed that neither grant increase staff levels permanently. The City Manager said the positions will be reallocated through attrition. In response to a question, Police Chief Sid Klein said the highest number of pedestrian and bicycle accidents occur downtown and on the beach although accidents on Gulf-to-Bay Boulevard are increasing. Problems are not limited to one area and accidents involve both residents and visitors. In response to a question, Chief Klein said the new Downtown Community Policing Bicycle Unit is in training, their equipment has been ordered, and the unit should be operational by late November 1996. Donation of artwork (2 batiks) ourchased from Jim Nordmever for $1,000 in 1979 under previous" Artist-in-Residence Program" to Pinellas County Arts Council who in turn will gift same to St. Petersburg-Clearwater Airport from the City of Clearwater In 1979, the two subject batiks were acquired for $1 ,000 from artist Jim Nordmeyer through the Artist-in-Residence Program funded by the City and facilitated by w mws11a.96 4 11/04/96 tl (".,.'~ '~~:\, (,~ the Pinollas County Arts Council. In a recent evaluation, an Arts Council resource estimated their value to be in the $10,000 - $15,000 range. The batiks had been displayed in tho City Hall Annex Auditorium which is being razed. The art pieces now are stored in the Purchasing Building. After an appropriate location for the 5-foot by 10-foot pieces in a City building was not found, staff contacted the Arts Council which has a partnership with the St. Petersburg-Clearwater Airport to enhance the facility with public art highlighting Tampa Bay artists. The Arts Council wants to place the Nordmeyer batiks in the international arrival area. Staff feels this is appropriate as the airport welcomes area visitors. On October 18, 1996, the City loaned the pieces to the Arts Council for placement at the airport before an Open House and Dedication on October 24, 1996. The Arts Council has assumed the cost of reframing the batiks. As a rang-term solution, staff recommends gifting the artwork to the Pine lias County Arts Council who would make them available to the St. Petersburg-Clearwater Airport. The pieces would be labeled with a nameplate bearing the City's name. The airport would assume responsibility for the care, upkeep, and insurance costs. Staff feels this suitable location is in keeping with the original mission of the Artist-in-Residence Program to showcase local artists and enhance the community's aesthetic quality. The, City Manager said this donation would free the City from continued responsibility for the art. Concern was expressed that the City should not donate assets with increasing value. Contract for oreoaration of "Manaaement Plan" for Camo Soule to HDR Engineering, Inc., for "not to exceed" $13,870 which will meet requirements of the Florida Communities Trust for award of matching grant for acquisition of Camp Soule (Consent) In August 1995, a private citizens' group applied to the FCT (Florida Communities Trust) for a grant to assist in funding the purchase of the Boy Scout property, Camp Soule. The application was approved. On March 7, 1996, the City Commission approved a Conceptual Approval Agreement with the FCT whereby the FCT Pr!3servation 2000 grant to the City would not exceed the lesser of 50% of the total project cost, or $1,419,625. The application states the local match would be raised through private or corporate charitable contributions. William Robinson, Scout Executive of the West Central Florida Council, signed a Willing Owner Statement indicating the Council is willing to entertain a purchase offer from the City and FCT. In recent discussions, Mr. Robinson said the Boy Scouts will consider primarily provisions in the Management Plan and the purchase price. The Conceptual Approval Agreement requires the City to prepare and submit a Management Plan which meets all FCT requirements and describes the property's planned use and management. The City and Boy Scouts also must approve this plan. On March 7, 1996, the City Commission approved up to $50,000 for preparation of the Management Plan. On August 16, 1996, a RFQ (Request for Qualifications) was released for consultant services to prepare the Management Plan. On October 17, 1996, the Commission approved the ranking of the consultant firms and authorized staff to mws11a.96 5 11/04/96 ~ : ,: ;. I '.' SW SOLID WASTE .tJ negotiate a contract in the order of the ranking. On October 18, 1996, staff met with David Sumpter, Project Manager and Senior Environmental Scientist for HDR Engineering, Inc., the top ranked firm. Staff negotiated a contract prepared by the City Attorney's office. ':::.: Staff is impressed with Mr. Sumpter who served as Project Manager on 5 FCT Management Plans. Mr. Sumpter will serve as the "hands-on" project manager for the Camp Soule plan. He is aware of the project's scope and that the Management Plan must satisfy all FCT and approval requirements. The Plan will: 1) describe the site's floral and faunal communities; 2) coordinate with all relevant State and local agencies; 3) coordinate with adjacent property owners; 4) describe site's current and past land use; 5) identify all enhancement opportunities and develop strategies for implementation; 6) develop monitoring program; 7) prioritize all management activities, assign responsibilities, and identify funding sources; and 8) document all coordination efforts that assure the compatibility of proposed land uses with ecological restoration and management. The fee payable to HDR to prepare the Management Plan is "not to exceed" $13,870. , , '" ',:1. , " " , ~, . ;' ,.".: ,',.' . ~ I . .. ~ ~ ' /~ ' : t~ . ~'. ~:.... Parks & Recreation Director Ream ,Wilson said the Management Plan will address the City's liability for cleaning up Lake Chautauqua. It was suggested the clean-up could be accomplished over a number of years. Assistant Director of Engineering/Environmental Tom Miller said the approved Alligator Creek Watershed Management Plan will address Lake Chautauqua. In response to a question, he indicated ADA (Americans with Disabilities Act) requirements for the Boy Scouts and City should not differ. The City Manager said the Management Plan will identify future costs and responsibilities. It was questioned if lake clean~up costs and ADA upgrade expenses could be considered part of the matching grant. The City Attorney said the acquisition costs must be matched with cash, not in-kind services. Mr. Wilson said the original concept indicated the City would bear no cost for the project. .....' '."', I,:' .' ;, I,::": " , , I", .' ~ . . ,. :l>,' 'I,':. First Reading Ord. #6105~96 - providing rate structure for Solid Waste Dept. to operate in the roll-off business in competition with private solid waste companies which includes leasing, servicing compactors and open-top containers, and approves investment of approximately $235,400 in additional containers and compactors to support the enterprise ,',;,' ~\ !.' : .~, ,~. : CSW (Clearwater Solid Waste) requests approval to enter the roll-off business in Clearwater and unincorporated Pinellas County and compete with private hauling companies that lease and service compactors and haul and service open-top containers. Through competition, CSW can recover a share of lost revenues and provide roll-off services at lower prices. The overall benefit will provide citizens and Clearwater businesses an additional choice for quality roll-off service while increasing CSW revenues. CSW pro form as indicate CSW can provide service at lower rates while earning $253,170 more than 5 years of private company surcharges. The revenue can help Solid Waste programs to maintain steady rates. The FRC (Fiscal Review Committee) and a select committee from the Chamber of Commerce unanimously support this CSW competition. . .',1.',' \~:!~ '. , " '.... '(;~ ' ~ '. . " , (..~) mws11a.96 6 11/04/96 <:i '1'" , " ','J' ,'\ '. "\L' ..'. ",\',.'.:' , ,,' . '.' . , , ..'01. ,J:, .' ;~ j ; .'. r ',', '~ '.. ", '.; ,~ Solid Waste Director Bob Brumback reviewed the history of the City's roll-off program. In FY (fiscal year) 1995/96, the City Commission approved CSW's take over of roll-off business in Clearwater and competition with private haulers in unincorporated Pine lias County. The City Commission also authorized $250,000 to purchase 2 roll-off trucks and 40 containers. CSW notified private hauling companies that their permits to provida roll~off service in the City would not be renewed for FY 1996/97 (Sec 32.272 City Code). CSW began roll~off service in June 1996. In July 1996, CSW issued a 3-year pro forma for CSW handling all roll-off business in Clearwater. In August 1996, the City Commission rejected CSW acting as the sole roll-off service provider and requested a pro forma featuring CSW in competition with private companies. He said the program will provide an economical choice for citizens, recover revenue lost to private companies, use a flexible rate structure, lease and service compactors, and openly compete with private hau'ers in Clearwater and unincorporated Pinenas County. f'l-;~,}' ,,,., ~ ... Mr. Brumback reviewed the different types of recommended containers. Recycling containers are compartmentalized and can be dumped separately. Following Tropical Storm Josephine, a mini-transfer station set-up on the beach with roll-offs enabled staff to clear storm debris from beach areas in one day. He said the service will allow CSW to recover commercial solid waste revenue and presented a list of roll-off customers in the City representing approximately $466,389 in lost revenue. He fait Clearwater citizens deserve a more economical choice and reported 50 customers have expressed interest in using City roll-off services. It was felt the City can keep prices low because large profits are not necessary. Mr. Brumback said the City can provide roll-off and compactor services at lower prices. In response to a question, he said the City can operate in Pinellas County with a parmit. Lost City customers stopped using City dumpsters in favor of private company roll-offs and compactors to save money. Staff will contact lost customers through old records. Private companies will be permitted to provide City-wide roll-off and compactor service. In responsa to a question, Mr. Brumback doubted private roll-off service providers can issue long-term contracts as business permits are valid only for one year. He reported the City serviced 84 pulls without soliciting business. In response to a question, Mr. Brumback said staff could come back to the City Commission if private companies begin to compete aggressively. Concern was expressed the venture puts the City at risk. It was felt undercutting prices is unfair. The City Manager noted customers will win if this proposal is approved. If the program is not cost effective, staff will present options to tha Commission. In response to a question, Mr. Brumback said incremental interfund charges are included in the pro forma. In response to a question, Mr. Brumback estimated compactors cost between $7,500 and $10,000 each and last 10 years. A purchase of 7 is planned. Comptroller Paul Nystrom said additional compactors will be purchased during the second year, if justified. The unanimous recommendations of the FRC and Chamber of Commerce committee 'to proceed with this project were noted. The City Manager will report who served on the Chamber of Commerce committee. She supported the proposal if competition is allowed. y mws 118.96 7 11/04/96 t1 """'l f)~:~ ~ :;)~ v {~;(~:.~:\ I<:'~ : " I , EN ENGINEERING Third Amendment to lease agreement dated 12/2/94 with the Times Publishing Comoanv extending term through 12/31/97 re lease premises in Magnolia Park Sub., Btk 8, providing for termination by either party upon 30 days written notice (MSB/PS temporary parking facilities) On December 2, 1994, the City entered into a land lease of vacant property owned by the Times Publishing Company at the Southeast corner of East Avenue and Pierce Street for $1,038 monthly. The property provides interim parking during construction of the Municipal Services Complex. On May 1, 1996, the parties agreed to add approximately 13,515 square feet of lease premises to the agreement without additional rent. The leasets termination date is March 31, 1997. This Third Amendment to lease Agreement extends the lease term through December 31, 1997, with either party having the privilege of terminating the agreement at any time upon providing 30 days written notice to the other party. All other terms and , conditions of the lease remain unchanged and in full force and effect. Funding for the lease extension is contingent upon approval of the agenda item transferring interest on the bond proceeds to the Debt Service Fund and reallocating General Fund money from the Debt Service Fund to the Municipal Services Complex project. AND First Amendment to lease agreement dated 02/22/96 with Dimmitt Car Leasing, Inc., extending term through 12/31197 re lease premises in Magnolia Park Sub., Blk 1, providing for termination by either party upon 30 days written notice (MSB/PS temporary parking facilities) The City leases the vacant lot in the 800 block of Cleveland Street East of Fiorits Delicatessen from Dimmitt Car leasing, Inc., for $430 monthly. The property provides more than 45 interim parking spaces during construction of the Municipal Services Complex. This First Amendment to lease Agreement extends the lease term through December 31, 1997, with either party having the privilege of terminating the agreement at any time upon providing 30 days written notice to the other party. All other terms and conditions of the lease remain unchanged and in full force and effect. Funding for the lease extension is contingent upon approval of the agenda item transferring interest on the bond proceeds to the Debt Service Fund and reallocating General Fund money from the Debt Service Fund to the Municipal Services Complex project. The City Manager said the Municipal Services Complex parking garage is scheduled for comptetion in December 1997. Expenses related to these lease extensions are included in the projectts costs. Times Publishing Company was thanked for expanding the amount of land leased without increasing the rental rate. The City Manager said more mws11 a.96 B 11/04/96 ..1.. ' ,~ employees will require shuttle service between outlying parking lots and the Municipal Services Complex. Bus passes were recommended as they ore cost effoctive and convenient. The City Manager reported a commercial interest has exprossed interest In additional downtown parking. Staff will try to accommodato downtown businesses by adjusting employee parking. Work Order with Post. Bucklev. Schuh and Jernigan. tne.. to orovlde ~pdated aerial ohotoarsohic atlas of the City, for $89,447 The Engineering Department maintains an aerial photography atlas covering the City municipal limits and associated service areas. Aerials are used in conjunction with permit applications, construction drawing preparation, public presentations, project development, historical information, and are sold to the public. The current aerial atlas was photographed in March 1990. Staff proposes to obtain new aerial photography in an electronic digital color format from PBS&J (Post, Buckley, Schuh and Jernigan, Inc.). New digital technology converts aerial photographic images from high quality contact prints to digital computer files which can be used with CADD (Computer Aided Design & Drafting) to develop construction drawings for maintenance and improvement projects and to create graphic displays of proposed improvements on aerial images. CADD drawings can be plotted directly on the aerial image as a single drawing. CADD drawings and aerial photography can be combined to clarify complicated engineering information during presentations, PBS&J will coordinate ,,~~;r:;:l this project, performing GPS (global positioning system) panel targeting to provide image "." rectification, aerial imaging, image digitalization to CD (computer disk), and black & white ~.I~ .,. mylar. aerial panels. Staff will provide labeling to computer files for atlas pages, street names, etc., prior to final deliverablBs. Final deliverables to the City will be one set of reproducible black & white mylar aerial sheets and one set of digitized aerials on CD. The mylar aerials will be used for sale of aerial atlas map reproductions to the public. In response to a question, staff will report on the number of photographs covered by this Item. The City Manager said the pictures will be presented in electronic format. It was questioned if the information can be transferred to the City's GIS (Geographic Information Services). Engineering Director Rich Baier will report on that issue. Concern was expressed the 'project had not been bid. Mr. Baier said staff plans to use the City's Engineer of Record contract. C.O.#4 & Final to Pier 60 Park Contract to Caladesi Construction Comoany, Largo, FL, increasing the amount by $24,563 for a new total of $1,259,383.61 On February 1, 1996, the Commission approved the $1,21 0,425contract to construct Pier 60 Park to Caladesi Construction Company. The Commission also approved a 5% construction contingency fund of $60,521.26. The project's scope includes construction of a concession building, pavilion, covered playground structures, hardscaping, and landscaping. Change Order #4 and Final covers items needed to complete construction. ~~~iJ mws11a.96 9 11/04/96 /I(~ :>:~~. . <: '" ,. ,r . " :...... .I.f>' ~:, .. ; ; ~ ;:;. .".. . ~::: ':1: ~ ,; '; . '.1<.::> '., " ' .' ~ . ..:,' '; ~~:'.' ",' >\: '.' ,', ~') (:'~'l:.. I:". . ~' '. >.' .~ " < , '. ';. " ~'.. ..." "0" .: :'~ : .": : i;': " d,'I, , " ';1., I,', 1.\/. :1'.... ~ t:/ :,t';. .~. ,:.: " ' . "..,:::: " ,<' ~ . ~ ", .~';,l.:: ... I . { ~..: I ~.. \: , , '~:<' , ~;") ;'\' ..", "",\ .' I' ," .' " " ' d I'". ... ~ .' , , ,":, '. .; ",-- ,.,', I~: ": : .' '.- :,. . :' ,. . I" :"'~,:;::' , . ,.,' , " Change Orders #1, #2, & #3, totaling $24,395.61. were approved administratively and exhausted 40% of the construction contingency fund. This Item will exhaust an additional 40% of the fund. The Change Orders total $48.958.61. Parks & Recreation and Public Works have an additional $8,834.74 in charges. The contingency fundts balance of $2,727.91 is anticipated to increase to $7,962.91 when the $5,235 check from PBS&J (Post, Buckley, Schuh & Jernigan) is posted to the CIP. PBS&J's check covers construction modifications resulting from design changes. This Item will complete the construction of the Pier 60 Park project. In response to a question. Mr. Baier said PBS&J, the City's Engineer of Record, agreed to cover financially changes they should have caught. Status Reoort - Allen's Creek Rehabilitation Proiect at Lakeview & Hercules (fcimerlv Maole Swamo Restoration Proiect) An October 25, 1996, letter from Environmental Programs Supervisor Terry Finch invited property owners and interested parties to attend a November 7. 1996, public information meeting at Oak Grove Middle School at 6:00 p.m. with the City, Pinellas County, SWFWMD (Southwest Florida Water Management District), and Tampa Bay Engineering regarding proposed improvements to the Allents Creek Watershed at Hercules Avenue across from Plumb Elementary School. The meeting will allow interested parties to review the location and design alternatives, the social, economic, and environmental effects of the proposed improvements and the opportunity to comment and pose questions. The project's purpose is to: 1) reduce area flooding by providing added storage for stormwater runoff; 2) improve water quality and wildlife use by reducing erosion and improving habitat; and 3) provide an educational opportunity for the public to learn about stormwater management, water quality improvement. and wetlands. Mr. Baier said the vacant site comprises 27 acres of land owned by Pinellas County and Clearwater. On June 6, 1996, the City Commission approved the contract with Tampa Bay Engineering for a plan to redevelop the flood pl'ain and restore wildlife habitat. The objective is to attenuate flooding. For many years, the property was mined for peat and used for fill. Ms. Finch reported the creek had eroded and some areas flood during storm events. She presented a preliminary design proposal that would reconfigure most flow to open water. None of the adjacent ponds will be touched. The Parks & Recreation Department also is involved. When the project is complete, the County will deed their land to Clearwater and the City will contract out the maintenance for the life of the permit. In response to a question, Ms. Finch said annual maintenance costs will depend on the final design but the project will be designed for low maintenance. In response to a question, she said the program will accommodate resident input where possible. The project will return to the Commission prior to being bid for construction. Mr. Baier said the project is in its first steps. Subsequent meetings will be scheduled. CP CENTRAL PERMITTING Public Hearina . First Readina Ord. #61 07-96 - Prooosed chanoe to oreviouslv aooroved Q.B1 to allow: 1) land use conversion to office and/or hotel development for Parcel 4, Sec. mws11 a.96 10 11/04/96 , ',I ~ , 17-29-16, M&B 29.013 located within Park Place DRI, and 2} reflect changes in ownership and configuration of parcels of property within the development (Park Place Land, L TO) The applicant requests a modification to the Park Place Development Order to allow a mixed use of hotel and office uses in Parcel 4. In 1983, the Park Place development was approved as a DRI (Development of Regional Impact). The DRI was amended in 1991 and 1994. The proposed modification uses conversion factors to create a trade.off mechanism allocated to Parcel 4 to permit converting 69,722 square feet of retail floor area for up to 50,000 square feet of office plus a 140-room hotel as illustrated by the applicant's preliminary site plan. The DRI contains conversion factors that allow different development types which are not more intense if the proposed plan is not pursued. The traffic methodology analysis, indicating a reduction in peak hour trips, results in a less intense development than proposed in the 1 994 Development Order. Parcel 4 has a Residential/Office/Retail (R/O/R) land use classification, but will require a zoning amendment from Commercial Center (GC) to General Commercial (CG) to permit the hotel use. The owner does not wish to apply for a zoning amendment now. Central Permitting Director Scott Shuford said the proposed change to the DRI will allow construction of a hotel. He said a hotel produces less intensive traffic than offices. He said s zoning change is needed. Mr. Shuford will report on the definition of "LUC. n r;::j;'~ f:l, ; ,'~ ~ '<~~'~.1 I Public Hearino - Amendment to Wel-Mart CPO zone to increase nonresidential develooment intensity bv allowina construction of a Wendy's Restaurant alona US 19N frontage between Kinko's and Jiffy Lube outparcels (23106 US 19N, Loehmann's Plaza, Lot 1, Loehmann's Plaza Replst. Lots 1-3) (Wal-Mart Stores, Inc./Wendy's International, Inc./ Taheri Family Trust/Kinko's of Georgia, Inc./Brandon Nu--We~t CI~arwater, Ltd., Z96-09) This Wal.Mart Store's CPO (Commercial Planned Development) has a history of development requests and amendments. On December 3, 1991, the Planning & Zoning Board recommended amending the Zoning Atlas from Commercial Center (CC) to CPD subject to 13 conditions. On December 5, 1 991 , the City Commission approved the request subject to 13 conditions and passed Ordinance #5145-91 on first reading. On July 16, 1996, the Planning & Zoning Board endorsed a request to modify CPO condition # 1 5 to allow Wal-Mart to remain open 24 hours/day-7 days/week, subject to 4 additional conditions. On August 1, 1996, the City Commission approved the request by a 3-2 vote subject to the 4 additional conditions. Wendy's International, Inc., the current applicant, is requesting a zoning amendment to the Wal-Mart CPO to increase non-residential development density. Under this proposal, a 2,815 square foot Wendy's restaurant will be constructed on the outparcel adjacent to US 19N between Kinkots Copy Center and Jiffy Lube. The proposed project would be a major amendment to the certified site plan for the Wal-Mart CPO. The applicant asserts that Wal-Mart will not lease or be involved with this outparcel except for the cross access easement. According to the applicant, Wendy's International, Inc. v mws11a.96 11 11/04/96 ~ t'r.11~ , I.,:;' ~.~.;) intends to purchase the property from Waf-Mart, subject to all approvals from the City, and will be the fee simple owner. Staff initially was reluctant to support, this request as the development could block the view of Wal-Mart. The marketability of nearby centers with similar outparcel development is adversely affected because the tenants have limited visibility from US 19N. Under the current proposal, the Wal-Mart property would have a 11 O-foot lot width, considerably less than the 300-foot minimum lot width of Commercial Center districts. The applicant, however, has revised the site plan and increased the separation between Wendy's and Kinko's to develop a view corridor making Wal-Mart readily visible from US 19N. The proposed lot size meets the minimums established for the Highway Commercial zoning district. Traffic congestion on US 19N and SR590 will increase. The proposed development will generate 1,999 additional daily trips to the area. The 1995 Link levels of Service for SR 590 and US 19N are rated uF." US 19N currently is above capacity due to local traffic from adjacent developments and inter-city movement. This concern will be addressed as the applicant goes through the site planning process and concurrency management 'requirements are imposed. It appears concurrency requirements can be met as US 19N traffic volumes have decreased substantially since 1990. A number of interchanges and overpasses, including one at SR 590, are part of the adopted MPO (Metropolitan Planning Organization) 2015 Cost Affordable Plan for US 19N. No construction date has been set. According to the MPO, SR 590 construction will commence after completion of the Drew Street overpass. The MPO indicated right-of-way acquisition negotiation has begun. The development review process must consider access management. The applicant states the FOOT (Florida Department of Transportation) "taking" Une does not include the proposed Wendy's building or any required parking for the business. On October 15, 1996, the Planning & Zoning Board endorsed the request by a 5-1 vote. Mr. Shuford said the separation between outparcel buildings should be adequate. The Planning & Zoning Board had requested staff follow-up on several resident complaints regarding light glare and landscaping behind Wal-Mart's building. Wal-Mart had indicated they will adjust their lights. Mr. Shuford referred to his recent inspection and said landscaping development is consistent with plants installed last Summer. In response to a question, he said the overpass will not affect Wendy's nor its required parking. Parking on the remainder of the Wal-Mart site is more than sufficient. A new entrance on US 19N will not be built as Wendy's will share Wal-Mart's current entrance. He said the complaint that trucks park behind Wal-Mart was just brought to his attention. Variance(s) to Siqn Regulations for orooertv (Ramada Inn) located at 521 S. Guffview Blvd., Sec.' 17-29-15, M&B 22.02 (Clearwater Gulfview Hotel Trust, SV96-21) This property, on the southerly side of S. Gulfview Boulevard, is at the South end of Harnden Drive and is zoned Resort Commercial 28. The applicant is requesting an area variance of 116.8 square feet from the permitted 56 square feet to allow a total of 172.8 mws1 1 a.96 12 11/04/96 ,j~ square feet of attsched sign area. The applicant proposes to place three !'Ramada" signs on the building: 1J a 101.3-square foot sign on the building's front wall near the roof; 2) a 14.5-square foot sign on a canopy near the front main entrance; and 3) a 57-square foot sign on the buildingts westerly side near'the roof. On July 12, 1990, DCAB (Development Code Adjustment Board) approved an area variance of 249.6-square feet to allow 264.4-sqllare feet of attached signs for the Holiday Inn Gulfview an this property. The approval was conditioned on bringing the signs into compliance with the sign code by October 13, 1992. It was suggested staff propose a compromise. The DCAB 1990 condition was noted. Mr. Shuford said current signs are in compliance. In response to a concern, Mr. Shuford said he will contact the applicant prior to Thursday's meeting. It was noted this is the second largest hotel on Clearwater beach. Public Hearina & First Fieading Ord. #6100-96 - lDCA to allow outdoor cafes in P/SP and Ocen Soace/Recreation zonina districts on Clearwater Beach (lDCA96-20) (i{:f.~ >\~ ).: A City Marina tenant wants to complement his existing restaurant with an outdoor cafe. The Public/Semi-Public zoning district does not provide for outdoor cafe uses as provided for most other zoning districts on the beach. The property owner is ineligible for the provisions of the outdoor cafe ordinance, including some relaxation of parking requirements. Staff feels both the Public/Semi-Public and Open Space/Recreation (e.g., Pier 60 development) districts on the beach should be eligible for consideration for outdoor cafe use. On October 15, 1996, the Planning & Zoning Board unanimously recommended approval. In response to a question, the City Manager said the City currently is negotiating a contract with this tenant. Comorehensive Develooment Review and Comorehensive Planning Revisions/Customer Service Imcrovements Staff is acting to improve development review, long range planning, customer service procedures, and regulations. The community will be included in this 6-month process. Staff anticipates extensive revisions to the Land Development Code, including possible advisory board consolidation, will improve effectiveness and efficiency. v Staff has identified a need to revise the land Development Code. In spite of the code amendments staff has supported during the past years, the codets format and structure require a complete overhaul. Recent focus group comments about development review and permitting processes verify this recommendation. Staff proposes a short term comprehensive revision process guided by a Steering Committee: 1) Assistant City Manager Bob Keller; 2) Mark Cagni; 3) Sheila Cole; 4) Steve Fowler; 5) Dave Healey; 6) Mayme Hodges; and 7) Ed Mazur. The Steering Committee will establish principles to guide staff in the code revision process, gather information through customer and City board member focus groups, and provide policy direction. A staff Management Committee mws11a.96 13 11/04/96 ~ will make critical decisions regarding code formatting, legal issues, and overall direction. Staff will create the Code revisions for Steering and Management Committee review. The Commission will receive progress updates and "reality checksit for staff direction prior to final code preparation. The Commission will receive and refer the draft ordinance, entertain advisory board recommendations, and hold two public hearings. Staff's aim is to have the Commission adopt the revised land Development code within 6 months. This aggressive schedule will require a commitment of resources from Central Permitting and other departments. Code revision goals include: 1) streamline code by shortening procedures and reducing pages by 50%; 2) develop user friendly, graphics- oriented regulations; 3) identify comprehensive advisory board duties; 4) focus on "value- added it regulations that promote and maintain the City's high development standards; and 5) increase community awareness and appreciation of City efforts to improve regulations and the purpose of the regulations. The Commission periodically will be informed of ' progrBss in revising the Land Development code. Commission direction and comments will be solicited along the way. The Guiding Principles established by the Steering Committee will be presented for City Commission direction and approval. Staff has identified a need to better address the needs of businesses, especially new ones. Customer satisfaction surveys indicate infrequent or first time visitors to the permit review offices are the least satisfied customers. Preliminary results of focus group meetings confirm this. During the next 30 days, staff will visit private sector service providers, such as financial institutions and medical service providers, to observe and discuss how these businesses treat first-time customers. Staff anticipates adjusting (~~] processes and personnel to better accommodate all customers while focusing on first-time customers. Staff plans to establish a program to visit each new business within 30 days of its opening to determine what assistance the City can provide. After some procedural and organizational changes, staff will provide the Commission with a 6-month update of progress and successes and discuss any adjustments that need to be made. Bordner stlJdy information will be used to fine tune the process. ~uJ Assistant City Manager Bob Keller said the review should help the City grow its base, improve economic development infrastructure, increase regional cooperation, and promote entrepreneurship, tourism, and downtown. Improvements are designed to increase value~added jobs and wealth in the City. The City needs to provide services, regulations for the common good, and empower the community. One goal would make the permitting process as friendly as possible. He suggested advisory boards be "one-stop shops" made up of competent individuals. Mr. Shuford had recommended that Mr. Keller chair the Steering Committee. Focus groups will include key users. The staff management committee will oversee technical issues. Staff will seek City Commission guidance at key intervals. The process will work toward continuous improvement and include what is learned from private sector companies about serving businesses. Mr. Keller said staff wants to initiate process improvements immediately. He said Mr. Shuford had recommended visiting new businesses within their first 30 days of operation to review the Cityts level of service and explore ways to improve. Other departments were challenged to work toward similar streamlining and improvements. It was suggested the City institute an internet page similar to the State's, that lists steps requi,red to get a mws11 a.96 14 11/04/96 '~ '" '.. ;::: ~ ~ ".' " ' " '" : ~, . r~'~ ' .; ~ ; :{....,. ,d",' ,:'. 4 . ~ ~1(lt\\ {'~;.i"~_1 :,< ~ ~. r': ".,". .:," .... .' ~. ~ ' :::. ':':tJ ,:J I;,;' ',,': 0.,'- .... " " '.' I, :, ': .e ,', , " "," ":"1:\ ';" " , , . .... "!. . 'Y <: , , , business up and running. Commissioner Clark volunteered to accompany staff on some 30~day new business visits. The Commission recessed from 3:02 to 3:20 p.m. CM ADMINISTRATION Harborview Center On October 31, 1996, the City stopped work on the Harborview Center. Based on information provided by Dean Rowe and Associates on October 30, 1996, it was apparent allocated funds were insufficient to complete the project as approved by the Commission. On June 14, 1996, Dean Rowe and Associates appeared before the Commission at a special meeting to discuss budget overruns and recommended changes. Dean Rowe repeatedly stated the proposed budget amendments would complete the project and no additional funds would be needed. Based on Mr. Rowels presentation, the Commission approved the $730,900 request on June 20, 1996. Mr. Rowe has acknowledged he was aware at the time of that meeting of an additional $134,800 in costs to be charged to the Phase II budget. At no time did he inform the City Manager or City Commission of these costs. As a result, available Phase II funds were in'adequate to cover the additional improvements approved by the Commission on June 20, 1996. Following the June 20. 1996, meeting, staff repeatedly requested an allocated budget from Dean ,Rowe and Associates. The first summary budget, submitted on September 20, 1996, reflected a projected surplus of $89,860. Dean Rowe and Associates later provided deficit projections that fluctuated from $109,000 on October 1 7, 1996, to $47,587 on October 29. 1996, to $100,000 on October 29, 1996. After review and assessment of available information, staff is unable to confirm that amount. Staffls analysis calculates a deficit of $147,245 to fund identified items: 1) Dean Rowe and Associatesl October 29, 1996, projection of "needed fundslt - $100,000; 2) unallocated funds included in construction budget by Dean Rowe and Associates in error ~ $32,505; 3) Clearwcter Room draperies charged to furniture, fixtures, and equipment budget by Dean Rowe and Associates in error ~ $7,539; 4) Harborview Center furniture, fixtures, and equipment "small wareslt budget allocated to construction budget by Dean Rowe and Associates in error ~ $6,134; 5) Simplex June 20, 1996, invoice not yet approved by Dean Rowe and Associates and omitted in error ~ $437; and 6) paint cost overrun on Clearwater Room omitted by Dean Rowe and Associates in error - $630. The funding need is based on Dean Rowe and Associates. accounting of costs to complete the project. Staff is concerned Dean Rowe and Associates' projections are inaccurate, not all- inclusive, and may not be conservative enough. Staff is concerned unanticipated carry~ over costs from prior project phases may exist. The City Manager said the June Special Meeting was intense and extensive. It now appears the project cannot be completed within budget, although it is extremely close to completion. She said her assurances that she would not ask the Commiss,ion for additional funds for this project had been rash. Work is needed on the downstairs delicatessen, ! I \ I ! I 1 I t , l mws11a.96 15 11/04/96 " I," '. , .' :' . , .' ~. . ~ f '.. {. , . '.' ..' > . :. '. '.' , " ' ", ... . .. '. . . '. :'. j :.:.., . . . ~ ': "", ..",,';" ',' ,";':':"-::' ',' ;" ',', '; ':::",::.',",::<"""" ,:, ,',' :", ',..; ':,,.' :,,';, "';,,:,';;: ",'::'~':: ." '::-:;'" ':, ' ,>. ,,', ""::"':,'" ":\';" "..',":'.,,'."': " " ' : ' ....'... ..' . .','\: :+:.:: ........... ,',,.' ......:"".,:(, ri "':>':"."'.,;,:,,/:{,.,",i'.""':;':"::j"!:'::',"~,~:, ",:: "" ;:,," .':.:': ':,ii,,','!:< ::;\.....',i. \',:,'.:' ,\.:;," :,:".;.:'S:; i- '/'::'. "':>' ......../ ",?,'.i':-':>'~'.','. .... <...... ~. I....~\-.-..j. .....,..:~'..'.~.l..~::.;:.~.,....:l.:l:.,.,.;(...,.>...~:\...." ..' ....I.~.:~': .... ':'1. ('/,..,(./., ...,..j..:....,'..:'...::.;.. ..\: J.......:.....,....',.}......: ......,;.. <~ ~ catering kitchen, and other minor items. The project cannot be left unfinished due to legal obligations. Options are limited, She said investing additional funds into the project is the only viable solution. She proposed the Harborview Center be the funding source and recommended using the $100,000 interest free loan from Boston Concessions and a loan from the cash pool. , Acting Assistant City Manager Bill Baird said staff reviewed pay applications sent to Finance for errors and to be certain they do not exceed budget. After the June meeting, he requested a budget and critical path from Dean Rowe and Associates. The first budget Dean Rowe and Associates provided on September 24, 1996. appeared to be healthy. He said his $147,245 estimate is based on items he noticed missing from the Dean Rowe and Associates' budget. He said he had requested an allocated budget from Dean Rowe and Associates to determine the status of some items. The first official recognition from Dean Rowe and Associates that a budget problem existed due to a Phase" overrun was mentioned in an October 7, 1996, written communication. Mr. Baird said the deficitts size increased after staff challenged some items. The City Manager reported C~View TV is now off the air due to Time Warner broadcasting FCC testing. Ms. Rice said the testing had been scheduled to begin at 9:30 p.m. C~, '.......: I~ Mr. Baird said the City had planned to finish Harborview Center construction with available funds from SteinMart or unallocated funds. On October 25, 1996. the City Manager met with Dean Rowe and Associates and was able to lower the deficit approximately $11,000. The general contractor agreed to give up $17,000. Mr. Baird reported a dispute between the contractor, architect, and GFS (Globe Facility Services, Inc.) regarding giving up some money. He said Biltmore Construction had indicated they were unwilling to give up $25,000. He could not legally sign Biltmore's budget because it exceeded the Cityts budget. His estimate of added costs includes repairing the alarm, paying for paint overruns, etc. He said all numbers may not be available. The City Mcmager said in June 1996, staff calculations were based on an inaccurate reporting of the balance carried forward by Dean Rowe and Associates. The contractor and architect attempted to absorb some costs. She said two years ago, when the project was conceived, staff made no 'attempt to mislead the public or Commission or sidestep any requirement for public hearings. No member of the management team deliberately cut the budget to circumvent the charter. She said Mr. Rowe had indicated it would be difficult to meet the reduced budget, but not impossible. The City Manager reported the City received another lettsr from Dean Rowe and Associates today. It was suggested Dean Rowe and Associates should bear some responsibility and expense for the budget misinformation they had presented. Mr. Baird wUl confer with Legal staff and review options. Concerns were expressed regarding a letter from a sub~contractor claiming non- payment for work. Mr. Baird said he signed the last pay draw for Biltmore Construction but did not sign their request for more than $300,000. The subject sub-contractor had wanted payment in full rather than incremental payment. Mr. Baird said the City has met u mwsl1a.96 16 11/04/96 (~~':r.f~ ~I:,;,~~~f Charging the City for utility bills to construct Pickles Plus was questioned. Mr. Baird said the electric bill had been sent to Dean Rowe and Associates. The City Attorney will review how the contract addresses utility payments. In response to a question. Mr. Baird said in July 1996, staff notified the architect the construction budget cannot fund reimbursables. As Dean Rowe and Associates was to have opened a Clearwater office, staff thinks this amount should be lower. Controller Jay Ravins said the City has been billed approximately $22,000 for reimbursables. Dean Rowe and Associates was advised to limit this expense. The City Manager now approves reimbursables before they occur. It was questioned why this information took 4 months to present. Mr. Baird said although staff requested the allocated budget in June 1996, they did not receive this information until recently. ' ~ . its obligations. In response to a question, the City Attorney said liens cannot be placed against the building as the project is bonded. Concern was expressed regarding the size of the contractor and architect's calculation error and that the numbers change daily. In response to a question. ,he City Attorney said the City could hire outside counsel to review options. It was felt this project was mismanaged from the beginning but seems to be back on track. This is the third time the Commission was asked for additional construction funds for the Harborview Center with a promise that no more funds would be requested. It was felt the project shoufd be finished. Concern was expressed that a bottom line figure had not been presented. Mr. Baird ,said the budget would include SteinMart money for the telephone kiosk. In response to a question. Mr. Baird ,said he was not certain all fire code problems had been addressed. As the kitchen had been hard bid, it was questioned if the 10% kitchen contingency was used. Mr. Ravins'said it appears the kitchen is within budget. Dean Rowe and Associates did not include equipment purchased from Clearwater on the Bluff as a kitchen cost. He felt this should be a kitchen expense. As of the June 1996, meeting, staff could not determine the level of Phase II funding available to carry forward, He said Mr. Baird has done an admirable job managing the project but staff ultimately is dependent on Dean Rowe and Associates' numbers. In response to a question, the City Manager said staff had not used the proposed $100,000 loan from Boston Concession to purchase kitchen equipment as directed by the Commission. She will report on what financing was used. Mr. Baird said the City has learned about cost plus contracts. the types on contracts the City should enter, and the degree of accountability required. Concern was expressed the proposed figure is not firm. It was suggested the Commission cannot feel secure until the staff. contractor. and accountant agree an a final figure in writing. Mr. Baird said staff is awaiting numbers from Biltmore Construction which was asked to submit a IInot to exceed" figure for project completion. It was recommended the City be assured that unknown bills are not looming. Transfer of $229.200 from the General Fund to the Municioal Services Comolex oroject for funding: of other non.construction exoenditures; transfer of $229 .200 in interest earninQs on bond proceeds from the Improvement Revenue Bonds Construction Fund to the \~ mws11 a.96 17 11/04/96 ~ "" t"""") 'I: .:~":> u Improvement Revenue Bonds Debt Service Fund for the payment of principal and interest on the bonds, previously budgeted to be funded from General Fund revenues The Improvement Revenue Bonds, Series 1995, were issued in February 1995, in the amount of $10.720.000, equal to the expected cost of the Police portion of the Municipal Services Complex, less the costs of issuance. From the time of issuance through September 30. 1996, unspent bond proceeds have earned $607,054.74 in interest which was deposited in the Bond Construction Fund. Annual principal and interest payments on the Improvement Revenue Bonds are approximately $750.000. Interest earnings on the bond proceeds are restricted legally to cover only construction costs on the Police portion of the complex or to pay principal and/or interest on the bonds. Only a portion of non~construction expenditures relating to the project as a whole can be paid by interest earnings on the bonds. " , Transferring $229,200 of interest earnings to the Debt Service Fund to pay interest and principal on the bonds wiIJ provide a $229,200 reduction in transfers of General Fund money to the Debt Service Fund. A first quarter budget amendment will be made to reduce General Fund debt service transfers by $229,200 and increase transfers to the Capital Improvement Program (project 94602) by $229,200. The Design Construction Team originally planned to incorporate non-construction expenditures in the project budget. Since Change Order #3 was submitted, another source is necessary to fund the $229,200 of other non-construction expenditures: 1) employee parking lot rentals through September 1996 - $43,466; 2) utility billings through August 1996 - $52.064.37; 3) on-site network engineering - Bay Resources - $17,400; 4} consulting for Community Outreach - Edward Foglia - $3,750; 5) access rights, permits. etc. for utilities access under railroad - CSX, Tpn. . $1,149.39; 6) reproduction charges to project. $2,707.04 . 7) provide laser measure, conversion of data to DSX format. Measure Masters - $1.550.39; 8) site studies, February 1994, annex site versus current site - Donnell Consulting - $10.331.25; 9) site study, February 1994, Baptist church site - Donnell Consulting - $2,975; 10} advertising - Tampa Tribune - $230.41; 11 J advertising - Times Publications - $519.16; 12) professional services - closing - Tew Zinober - $3,210; 13) title reports, search fee - First American - $100; 14) W /H legal.judgment/close fee - Clerk Clearwater - $15; 15) appraisal fees - Center for Applied Engineering - $890; 1 6) SWFWMD permit - $400; 1 7) structural analysis - 711 Maple Street - McCarthy & Associates (Engineering) - $2,900; 18) projected parking lot rentals through January 1997 - $16,392; 19) projected parking lot rentals February 1997 .' December 1997 - $31,108; 20) projected utilities through November 1996 - $12,000; 21) projected utilities December 1996 - December 1997 - $26.000; and 22) rounding. contingency - $41.99. This agenda item increases the total project budget by $229,200. The City Manager said these costs should represent all additional expenses to complete the Municipal Services Complex construction project. It was suggested some listed expenses should have been anticipated before now. The City Manager said they are not construction costs but agreed they should have been included as project expenses. In response to a question. staff will report who is responsible for utility expenses during construction. In response to a question. the City Manager said the purchasing building had been analyzed and considered as a location for the Traffic Engineering computer. mws11 a.96 18 11/04/96 ,...., The City Manager reviewed proposed funding. ' Interest had accumulated on bonds issued for the Police Department Headquarters building. This interest must be used for the project or debt service on the bonds. This request would transfer General Funds designated for debt payment to pay these expenses and use accumulated interest to pay . ' toward the debt service. In response to a question, Finance Director Margie Simmons said the City is paying interest on the $10-million bond but earning interest only on the $3- million still not spent. This proposal will not impact the General Fund. C.O.#3 for the Clearwater Municioal Services Comolex to increase the Guaranteed Maximum Price from $16.087.295 to $16.605.987 Dean Rowe and Associates has recommended to increase the GMP (Guaranteed Maximum Price) for the Municipal Services Complex by $518,692. Dean Rowe and Associates proposed Change Order 113 represents a reallocation of uncommitted budget funds from other categories to the construction category, with the exception of improvements funded by the EOC (Emergency Operations Center) project. $10,000 worth of enhancements and equipment for the EOC project were paid by construction funds and will be reimbursed from the EOC project. Expenditures include movable acoustical wall panels, accordion doors, kitchen appliances, and electrical and plumbing for the EOC kitchen. (>,J:.~\ '::I.....~~' Additional scope items identified by Dean Rowe and Associates total $1,096,435 and were absorbed partially by the contingency within the GMP and sales tax savings. Other budgeted line items need to be reduced to fund this change order and avoid appropriation of other funds. This change order includes a $51,783 contingency for variations of the estimated construction change directives not finalized at this time. On August 6, 1996, members of the Design Construction Team notified staff that the $16,087,295 GMP seemed to have been exceeded due to change orders orally authorized by staff. Subsequent meetings were held between the Design Construction Team and City management staff on August 30, September 17, and October 21, 1996. Dean Rowe and Associates and Creative/Beers has provide this assurance to the City, "We beliave that the project budgot (after C.O. #3) is healthy and that there are no known factors, at this time, that would necessitate further need of City funds. We will do everything in our power to keep it that way." The City is dependent upon Dean Rowe and Associates, Inc., as project manager, for their accounting of project costs already incurred and projected costs to complete the project. The last pay application was through April 30, 1996. Based upon Dean Rowe and Associates, Inc. and Creative/Beers' assurances, there appears to be adequate funds available in the EOC project and Municipal Services Complex project to provide for this Change Order. This recommendation is contingent upon approval of the $229,200 agenda item transferring interest on the bond proceeds to the Debt Service Fund and reallocating General Fund money from the Debt Service Fund to the Municipal Services Complex project. v mws11 a.96 19 11/04/96 ....r ': Y Ordinance #6108-96 grants Time Warner the use of the City's rights-of-way for 15 years. Time Warner will pay a 5 % franchise fee which is the highest allowed by law. This fee can be changed if the law changes or if the City changes the fee by resolution. Time Warner will pay, in a manner satisfactory to the City, a $50,000 grant for the City to use for any lawful purpose. In addition to public buildings their system passes, Time Warner will provide one free cable drop and free basic and tier services excluding premium services, audio services, and pay-per-view to public buildings already provided with free drops. I~ In response to questions regarding site work at the Municipal Services Complex, Mr. Baird said $2.3-million In corrections were identified. In June 1996, staff requested an allocated budget and time frame. Dean Rowe and Associates indicated staff had ordered many verbal changes. Since August 6, 1996, staff and Dean Rowe and Associates have held many meetings arid evaluations. As of October 1, 1996, Dean Rowe and Associates identified a contingency larger than $51,000, but staff cannot verify those numbers. Corrections have been submitted to the City in phases. No schedule, allocated budget, or pay draws have been submitted since April 30, 1996. Mr. Baird said Dean Rowe and Associates' attorney had indicated Dean Rowe and Associates would provide information tomorrow indicating this Change Order will meet the budget and a firm date when Certificates of Occupation can be issued for the Municipal Services Building and Police Department Headqu8t'ters. If this information is not received, this item will be pulled from Thursday's agenda. ," i' ::~ . ..... ::,,:.. ;':/- ,. .. .' , i..' :.:'?, ,,' . .'. .' ,.;.: " : , In response to a question, Mr. Baird said former Assistant City Manager Bill Baker had orally approved Change Orders. The City Manager indicated Mr. Baker had been the City's point person on this project at construction meetings and had authorized Dean Rowe and Associates to proceed with changes. In response to a question, Mr. Baird said General Services was not involved with this project. In June, the Police Department began communicating with the architect and contractor. The garage budget remains intact and may include some reductions. If the City makes no change orders, the budget and contingency will cover the garage's construction. Concern was expressed the bottom line has not been firmed. Staff will clarify these numbers tomorrow. ~\, Florida Orchestra Board - reolacement for Kathv Rice as City representative ",. ." ~. , ~".I . .':.'" ~t i " \.... . '.. In response to a question, Ms. Rice said former City Manager Michael Wright had appointed her to the Florida Orchestra Board. She said the organization is wonderful and recommended appointing some'one in her place. She said attending board meetings takes approximately 20 hours a year. The orchestra requests board members purchase season tickets and help with fund raising. This issue will be included in the next agenda. , 1\' "',':" ..' ';""'1 ........ '...... . .~, . . ..,': .E.ublic Hearina & First Reading Ord. #6108-96 - Time Warner Franchise Aareement :Y\~ " ,":. ~ ~: . ,I. ". .' .' " . :.! " .\',: : ' ~. . .'...... '.' ~ '1:>.:, '. ,';" " -~ ~. . "\ Appendix A describes the system and requires a state-of-the-art system as defined in the area. Appendix B describes the terms and conditions applicable to work on the system. Appendix C describes the system, terms, access channels, equipment, facilities, and services including: 1) Time Warner to provide a $100,000 matching grant to the City .),,~ ..1,':': ',.' .... /, ",' ,':';, t.....) mws11 a.96 20 11/04/96 <,,' . ,',- ,," ';',.> . ,': ,', .. ' '.\ . " ..' '.' . " <.,. ~ . " . L " . -,">," I,." , " .'J., , '.' .' '.11 ':,'.' : .":':' " I ':,~', ." . . ~ ' '. . . ,. . 'r ,,""" 1./. .. 'd." ~.'. 1".:,/0>:. ; ,.' .".o' . .," ,.... .,. .,t'... .. . ~'!" .- ".'.:1',.' . 'I :'.',::;,',~,",.;",',':,:,':'",:,~",',:,,',',;,,:,:','::':::,,:,,:,',',:,',::..,':.':,':,,::',.:~:',',',;,:,(:~\;;":'" ,,'.. ;.,.... ::' ':":"; .: ":" ':;',..' ':':<',:<~,,'i::::,\,'::.:':: ':,.'..:~.:,' i';: .:', "::':,:.,:'.~ ::::, ','::,:,: :.'.i :,: ~:".:' .-'.:',.",..:,...'.-,:.;' :':. :' :'" ~,: ,:,-::,,/:,,;,:", ' " <,/,:,:,>..:, :.'d : -::.',<',,'::, :,> ", ,', . ~'. '. . ~ .' : ... .;.;:.::,:.,:,',:,',':,':;,.~,,','~,',',:.:'.:,.,(';.'"':,'":;:,::~":,,',:,',,,:,':'\',:"::',',:,',",,,::: ',' "', ' , .' .,' . . ,:..;/,:/E,...:,'.',..',j'",:'".....,:"",:'",',',,<i ; :J,':' , <'i, ',,,','.. ," ':' '.' ,'.' .. " '>,'>",':: <: : ::', :;';"::', :,': ,:',~:' ~'::"':':,,;:,,:',.':, ;",::' ,: ..: ,:,:',.', ...',' '.~:,'., :,;",:,\: ;,:::::\:~:", I::~"::'I,',',.~;:"."',,,:" ';,~':."'".,:',,:,,.,.',;;.,,::',,'.,.I.,~,.,.,:,:<,..".,::,..,':,":::::,;,:.:.":,:,~" ;,..;,":'" ".,., '.',.,""':,>.",,;,: ' ""', ".:' ".", ',;. ." ' " .. ",\:'~ :;;',..,':. "..,' :L:';:,:':',:;:,:\,,~>'~~""': . '. . j ~ ' . , . . ... ." ~ .: I y mws11a.96 21 11/04/96 \~ for purchase of government access equipment within 1 ~month of effective date of this Agreement: 2) on or before December 1, 2003, Time Warner to provide the City a government access equipment grant in an amount equal to $2.50 times the number of system subscribers as of October 21, 2003: and 3) until Time Warner renews its franchise with Pinelles County, the City will pay Time Warner $50,000 for the first 3 years of the Agreement and $75,000 for the remaining term of the Agreement with a CPI after the fifth year. Should Time Warner become the $ole provider, this requirement terminates. Appendix 0 describes franchisee's obligations with respect to institutional network and Appendix E describes customer service standards. Ms. Rice said the Time Warner contract represents a "level playing field" when compared with the GTE contract. Time Warner's contract is for 15 years while GTE's is for 10 years. Franchise language is the same. GTE is required to provide service to specific buildings and Time War,ner must serve the Marina. The contract is tied to Pinellas County's contract which has not been finalized. Appendix C addresses contract renegotiation. Public Access (PEG) money is based on the CPI (Consumer Price Index) after 5 years. Ms. Rice said Time Warner is paying some City attorney fees. She recommended the City use the $100,000 one time payment to upgrade broadcasting capabilities in City Hall. In response to a question, she said the C-View studio in the Municipal Services Building counts as the City's match. She noted capital requirements for the studio and City Hall are included in the CIP. It was felt staff did an admirable job with these negotiations. , (~~~~ CA LEGAL DEPARTMENT Second Reading Ordinances Qrd .' #61 01-96 - Belating to Occupational License Taxes: amending Ch. 29. Art. II. Secs. 2;9.24.29.27. 29.30 & 29.31. bv adding a new section on background check reauirements: and making minor grammatical changes Assistant City Attorney Dick Hull said a City Commission appointed committee had reviewed the Cityts occupational license taxes and had submitted recommended rates. The City is not prohibited from reviewing and correcting inequities. 'Classifications are intended to be reasonable and have similar restrictions. By law, the City's total revenue from occupational license taxes cannot be raised above a certain percentage. All license rates must be considered if one is increased. Concern was expressed reclassifying one group of merchants increased occupational license taxes by 300% - 400% for some categories. it was noted the rate structure will need to be reviewed if changes are made. As the committee had spent a great deal of time reviewing this issue, it was suggested the Commission review the committeets minutes. It was felt the Commission should address inequities. Lumber yardst previous classification was questioned. Staff will provide additional information and background regarding this issue. It was questioned why some fees are basedon an inventory.s value while other merchants are charged a flat fee. Concern was expressed only some merchants are allowed to do outdoor sales. Ms. Rice said those types of issues will be addressed. City Manager Verbal Reports " OTHER CITY ATTORNEY ITEMS ReDort of litigation costs and exoenses - City VS. Fisherman's Wharf of Clearwater, Inc. Mr. Hull reviewed the projectts history. In 1993, the City Commission directed the Legal Department to condemn the Fishermants Wharf of Clearwater property to construct the Clearwater Pass Bridge. Legal proceedings lasted from Fall 1993 to Fall 1995. The City's final cost was $2,684,791. The original appraisal of $1.3-million did not include business damages. The Clearwater Pass Bridge project paid litigation costs and expenses. Reauest for 8ooroval of outside counsel The City Attorney recommended hiring outside counsel to explore issues and seek remedies regarding the Harborview Center for a fee not to exceed $25,000. It was' suggested the City consider hiring an "owners representative." The City Attorney suggested an attorney could review project contracts and documents. She may recommend additional considerations. Tampa Bay Chamber Orchestra Request .-":\'. ,~:l),\ ~, ,,:,:J The City Manager reported the Tampa Bay Chamber Orchestra will make a presentation Thursday night regarding their funding request. Airpark Tour The airpark tour was scheduled for November 26. 1996. Mr. Baier will provide an itinerary. He estimated the tour will take approximately 6 hours. Commission Discussion Items DDS reauast for co-sDonsorshio ra Downtown Discovery Day - 11/09/96 Tha City Manager said Parks & Recreation Director Ream Wilson had reported Chich Coreals participation is expected to attract larger crowds, resulting in a revised estimate of costs. As some risky activities are planned, she recommended against waiving the liability insurance requirement. If the Commission approves the request, she suggested the CRA (Community Redevelopment Agency) provide funding. The Commission policy to not approve unbudgeted special events was noted. Concern was expressed approving this item would establish a bad precedent. It was noted the City already was listed as a sponsor. It was suggested potted plants along Cleveland Street are not necessary. It was felt the City should educate the public better regarding City requirements for special events. It was noted the DDB (Downtown Development Board) should be aware of City procedures. The City Attorney will review and report on the insurance issue. In response to a question, Ms. Rice said staff had advised the DDS to go through the Special Events y mws11a.96 22 11/04/96 IT" .. \ , r, /I.'~) , l " . ':...~,? () process. As plans progressed, the event grew to the point they needed City co- sponsorship. What to do while City Hall not available for meetings ' It was noted City Hall will be closed several months for air-conditioning repairs. Canceling some advisory board meetings du~ing those months was suggested. The City Manager said City Commission meetings can bo scheduled at Pinellas County Commission Chambers. It was suggested the Commission hold Work Sessions in other areas of the City. " . , Strategic Planning Meetings The City Manager reported Strategic Planning meetings are scheduled for November 10 and 11, 1996, at the Sailing Cenfer. The City Manager said visioning may be addressed. Other Commission Action Mavor Garvev reported the meeting addressing the proposed Edgewater Drive project is scheduled tonight at 7:00 p.m. Mavor Garvev encouraged everyone to vote tomorrow. , Commissioner Johnson referred to the Adopt-a-St~eet program and recommended the City advise small groups they must have proof of insurance coverage as the contract holds the City harmless. Commissioner Johnson recommended installing a traffic light on McMullen-Booth Road at San Bernadino Street. He said accessing McMul1en-Booth Road from San Bernadino Street is very difficult during rush hours. Mavor Garvey wanted to contin~e receiving the Harborview Center Schedule of Events. She hoped larger events and community events would be booked. Commissioner Seel recommended the Harborview Center co'ordinate their schedule with the Downtown Events Calendar. Mavor Garvev referred to a request from Kiev, Russia residents for help obtaining school supplies and computers. Adjourn The meeting adjourned at 5:42 p.m. mws11a.96 23 l I I t I I I 11/04/96 .. ,'I.!I, ,.. +. >.. I