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09/29/2008 CITY COUNCIL WORKSESSION MINUTES CITY OF CLEARWATER September 29, 2008 Present: Frank Hibbard Mayor John Doran Councilmember Paul Gibson Councilmember Absent: George N. Cretekos Vice-Mayor Carlen Petersen Councilmember Also present: William B. Horne II City Manager Jill S. Silverboard Assistant City Manager Rod Irwin Assistant City Manager Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Patricia O. Sullivan Board Reporter The Mayor called the meeting to order at 1:30 p.m. at City Hall. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. Financial Services Declare the list of vehicles and equipment surplus to the needs of the City and authorize disposal through sale to the highest bidder at the Tampa Machinery Auction, Tampa, Florida, and authorize the appropriate officials to execute same. (consent) All vehicles and equipment have been replaced as necessary and are no longer required. Tampa Machinery Auction is the Pinellas County Purchasing Cooperative Auctioneer of Record. Purchasing Manager George McKibben said the low-mileage Jeep Cherokee had mechanical problems and idled often when used for undercover activities. Assistant Solid Waste/General Services Director Rick Carnley said new purchasing procedures consider vehicle reliability, repair history, etc. Information Technology Award a contract (purchase order) to Sprint/Nextel, Los Angeles, California - Cellular/radio, Treo and Blackberry services during the period October 1, 2008 to September 30, 2009 at a cost not to exceed $191,170 in accordance with Sec. 2.564 (1)(d), Code of Ordinances, under State Contract 12-00115 and authorize the appropriate officials to execute same. (consent) This is a renewal of service for the City's cell phones, radios, Treos and Blackberrys. Costs for these services have decreased from the previous fiscal year by approximately $23,000 due to a decrease in rates and a reduction of phones. Council Work Session 2008-09-29 1 Information Technology Director Dan Mayer expected the number of staff cell phones would decrease once the analysis determines usage and need. Treo and Blackberry phones cost the same. Parks and Recreation Award a contract (blanket purchase order) to Chall Tennis Management, LLC of Clearwater, Florida, in the amount of $200,000, for providing tennis lessons and tennis services at the Henry L. McMullen Tennis Complex and authorize the appropriate officials to execute same. (consent) The City provides for group and individual tennis instruction at McMullen Tennis Complex by entering into a standard outside instructors agreement with a tennis pro. Currently the tennis pro at McMullen is Erick Chall, who is operating under the business name of “Chall Tennis Management, LLC.” Mr. Chall has performed this service for the City for the past several years as an assistant tennis director and head tennis director. He is normally on the courts teaching lessons, but is provided an area of about 100 square-feet for a desk, two chairs, and a stringing machine in the McMullen Tennis Complex. The City follows printed guidelines provided by the IRS in entering into its independent contractor agreement with Mr. Chall as well as contract instructors. Mr. Chall receives 75% of all fees collected for tennis instruction and lessons and 85% for all tennis racket stringing. In order to pay Chall Tennis Management, LLC from November 1, 2008 to September 30, 2009, staff is requesting a Blanket Purchase Order in the amount of $200,000 be approved. During this fiscal year, Mr. Chall and other tennis professionals have been paid $156,184 through August. Prior to this, revenue generated by three other pros from October 2000 to September 2007 ranged from $29,000 to $149,000 per year, and averaged $68,400 per year. These services are professional in nature and unique to the qualifications of the individual, thereby having a direct impact on the core of customers participating in this program, thus making this service impractical to bid. Mr. Chall has performed well and the tennis program has grown under his short leadership and the revenue generated by him has increased to an all time high. Projected revenue generated by Mr. Chall for the City will be approximately $40,000 to $50,000 in FY (Fiscal Year) 2008/09. Parks & Recreation Director Kevin Dunbar said increasing the City’s percentage of the fee could end up reducing City income if a lower number of lessons results. Next year, staff will submit a sliding scale for City Council consideration. Approve First Amendment to Lease Agreement and a Contract for Purchase of Real Property by the City of Clearwater, Florida, between the City of Clearwater and Clearwater Country Club Management, Inc. (CCC) pursuant to the City’s acquisition of 5.7 acres owned by CCC for $2,125,000 and authorize the appropriate officials to execute same. The City of Clearwater and Clearwater Country Club Management, Inc. (CCC) currently have a Lease Agreement for CCC to operate the City’s public golf course located at 525 Betty Lane North, which will expire April 30, 2032. CCC currently owns 5.7 acres, including parking and the clubhouse, which is surrounded by the City’s golf course, which CCC operates on behalf of the City. Council Work Session 2008-09-29 2 At the June 19, 2008 City Council meeting, City Council approved a term sheet for the sale and purchase of CCC-owned property. The basic components of the First Amendment are: 1) The City to purchase the clubhouse parcel for an amount not to exceed $2,125,000; 2) Annual lease payments by CCC of $200,000, paid quarterly, will commence October 1, 2009. This will allow CCC to retire current revolving line of credit and develop a twelve-month funding strategy so as to cover all club expenses during the slower summer months; 3) Establishment of an annual $50,000 CIP, administered by the City at its sole discretion, effective FY 2009/10. The City will procure turf maintenance supplies for use at the golf course and be reimbursed for out-of-pocket expenses; 4) Require CCC at all times, subject to reasonable rules and regulations common to other similar facilities in the area, to make the facilities available to City of Clearwater residents who are not members of the Club upon payment of reasonable, applicable fees for such use. Implementation of these two agreements will bundle all assets of the course under one ownership and provide increased savings to the overall operation. At the June 19, 2008 meeting, City Council gave staff direction to negotiate a contract and a capital project was established in the amount of $2,025,000 for the purchase. CCC is working to bring a Director of Golf Operations on board versed in the Tampa Bay golf market with extensive golf marketing experience. Finance Director Margie Simmons said use of Penny for Pinellas funds for this purchase would require a public hearing. Mr. Dunbar said CCC needs to retire its current debt and preserve a surplus to cover the next slow season. The agreement has a termination clause. An agenda item will be scheduled to review remaining Penny for Pinellas II funds, discuss Penny for Pinellas projects, and prioritize Penny for Pinellas III projects. Engineering Approve a contract to Semper Fi Services, LLC, of Palmetto, FL in the amount of $626,257.76 for the construction of Court Street Improvements (08-0035-EN) which is the lowest responsible bid received in accordance with plans and specifications; approve an Interlocal Agreement between Pinellas County and the City in the amount of $400,000 and authorize the appropriate officials to execute same. (consent) The Court Street Improvements include key items, such as: 1) Install mast arm traffic signal at Court Street and Osceola Avenue to facilitate the safe crossing of pedestrians across Court Street; 2) Replace existing span wire traffic signal at Court Street and Oak Avenue with new mast arm signal; 3) Widen sidewalk in front of Courthouse on south side of Court Street for 240 feet from eastern curb line of Oak Avenue to the east. Sidewalk will go from existing width of seven feet to 21 feet wide. Additionally, bollards and chains will be installed to channel pedestrian crossings along Court Street to two locations; one on east side of Osceola Avenue and one on east side of Oak Avenue; 4) Provide dual southbound left turn lanes from Oak Avenue to Chestnut Street to assist in clearing p.m. peak hour traffic leaving the Courthouse; 5) Provide mast arm on Court Street east of Garden Avenue; 6) Provide overhead lane assignment signage and realign lanes on Court Street from Garden Avenue to Osceola Avenue. The new lane arrangement will provide a westbound left/through combination lane, two westbound through lanes and a westbound right turn only lane approaching Ft. Harrison Avenue on Court Street; 7) Relocate signalized crosswalk at Chestnut Street and Oak Avenue from east Council Work Session 2008-09-29 3 approach to west approach so that pedestrians are redirected in their path to eliminate conflict with southbound dual left turn lanes. The pedestrian’s new path will take them north along the west side of Oak Avenue to a new crossing on Oak Avenue across from the Courthouse; and 8) Establish a pedestrian crossing at Chestnut Street and Palm Avenue and establish a landscape buffer along sidewalk on north side of Chestnut Street east of Palm Avenue. An Interlocal Agreement between the City of Clearwater and Pinellas County will provide 50% reimbursement of the project to the City, up to the amount of $400,000. Traffic Operations Manager Paul Bertels said new signalization will be synchronized for westbound traffic. The single controller for two traffic signals west of Ft. Harrison Avenue will be fine-tuned to avoid gridlock. It was recommended that signs clearly mark the merger of through lanes west of Ft. Harrison Avenue. Official Records and Legislative Services Amend Council Policy, General Administration I - Special Event Street Closure Limitation to exempt Cleveland Street between Osceola and Myrtle Avenues and approve Council Policy, General Administration J - Closure of Cleveland Street between Osceola and Myrtle Avenues. (consent) Now that the Cleveland Streetscape has been completed from Osceola to Myrtle Avenue, staff recommends a policy for closure of this portion of Cleveland Street be implemented and exempt the roadway segment from the current Council policy regarding street closures. The policy for street closures other than this section will read: I. Special Event Street Closure Limitation. Street closures, except for Cleveland Street between Osceola and Myrtle avenues, for special events shall be limited to two (2) per calendar year requested by any one non-profit or for-profit organization. The City of Clearwater shall be exempt from this limitation. The City shall comply with any Florida Department of Transportation policies regarding street closures of state roads. J. Closure of Cleveland Street between Osceola and Myrtle The proposed policy is: Avenues : 1) Cleveland Street will only be closed for City-sponsored or City co-sponsored special events, and 2) Closures should be limited to meeting the goals of the Cleveland Street District: a) The event is anticipated to draw a wide variety of visitors to Downtown and promote the Cleveland Street District; b) Road closures should mostly occur during evenings and weekends so as to lessen parking and traffic impacts during office hours; c) One lane must be left free of any tents or fixtures and used only as a pedestrian way so that emergency vehicles can enter to provide necessary service, as required. Procedure: 1) External groups who are interested in proposing a special event that will close all or portions of Cleveland Street between Myrtle and Osceola avenues should first discuss the proposed event with the City’s Special Events Manager and the Downtown Manager. If the City agrees that the proposed special event will be a City co-sponsored event, then the following applies: 1) Co-sponsor group must complete a special events application; 2) Co-sponsor applicant must agree to cover expenses incurred by City departments, including any labor, for the special event; 3) Cost for the event will be determined and communicated to co-sponsor applicant prior to approval. Such expenses may include, but not be limited to: a) Council Work Session 2008-09-29 4 materials, such as barricades, barrels and signs. (Currently $1,300 minimum, plus additional $500 - $1,000 if additional and advanced signage is required elsewhere); b) single cone and sign per parking space to prevent overnight parking (Currently $65/space); c) labor only to deploy and pick-up all materials associated with the single block closure. (Currently $100/block); d) variable message boards, if required. (Currently $100 to deploy and $100 per day, which includes labor); e) loss of parking revenue, per code, if an event is held Monday through Friday between the hours of 8 a.m. and 6 p.m. (Currently $3 per parking space.) If City representatives do not agree that the City will benefit from the special event, the group may appeal the decision to the City Manager. The City Manager’s decision is final. The City will not consider a Cleveland Street closure for private events unless specifically authorized by the City Manager and determined to be in the public’s interest. The same special events procedure would be applicable in this circumstance. Labor costs as listed are for weekdays. Weekend and holiday costs would be higher. Economic Development & Housing Director Geri Campos Lopez said the extent of block closures would depend on the event. Concern was expressed that midweek closings would negatively affect businesses. Ms. Lopez said the Farmer’s Market would be an exception to the policy. The Farmer’s Market organization must meet with all businesses on that stretch of Cleveland Street and report their findings to the DDB (Downtown Development Board). If approved, the Farmer’s Market would have to pay all costs related to closing Cleveland. Adjourn The Work Session adjourned at 2:29 p.m. Council Work Session 2008-09-29 5