Loading...
02/16/1999CITY COMMISSION WORK SESSION CITY OF CLEARWATER February 16, 1999 Present: Rita Garvey Ed Hooper J. B. Johnson Robert Clark Empty Seat Also Present: Michael J. Roberto Richard L. Hedrick Bob Keller Pamela K. Akin Cynthia E. Goudeau Patricia Sullivan Mayor/Commissioner Vice-Mayor/Commissioner Commissioner Commissioner Commissioner City Manager Deputy City Manager Assistant City Manager City Attorney City Clerk Board Reporter The meeting was called to order at 9:00 a.m. at City Hall. Service Awards Five service awards were presented to City employees. Godfrey "Claude" Howell, Water Division, was presented the January 1999 Employee of the Month award. Phillip Gatewood, Wastewater Collection, was presented the February 1999 Employee of the Month award. The Commission recessed from 9:11 to 9:30 a.m. to meet as the CRA (Community Redevelopment Agency) and Pension Trustees. PUR PURCHASING PeopleSoft USA Inc., upgrades, maintenance & support of Human Resources/Payroll software, 02/01/99-09/30/00, estimated $185,000 (GSS) Harley Davidson of Seminole County, five 1999 Harley Davidson police motorcycles, $57,570 (PD) Gas Solutions, Inc., permitting & gas house piping installation in Gas System north & south service areas, 02/19/99-02/29/00, estimated $60,000 (GAS) Wright Brothers Gas Plumbing, permitting & gas house piping installation in Gas System north & south service areas, 02/19/99-02/29/00, estimated $60,000 (GAS) Police Chief Sid Klein said the motorcycle purchase, paid with grant money, will replace two leased motorcycles. No new positions will be created. Purchasing Manager Bill McKibben mws02b99 1 02/16/99 said the City had used PeopleSoft software for one year and plans to use it for at least 10 years. The City could use either contractor for permitting and gas house piping installation. ED ECONOMIC DEVELOPMENT Approve parking incentive for Wakely & Associates, Inc., in the amount $40,000 from the parking system; authorize parking system to guarantee up to 50 spaces in the Garden Avenue Garage Wakely and Associates, Inc., an actuarial and consulting firm outside the City, is negotiating to lease more than 20,000 square feet of office space in downtown Clearwater. This company's relocation would add at least 125 employees downtown and help fulfill the City goal to attract "Industries of the Mind" and jobs that support families. To attract the firm, staff recommends an incentive package valued at $100,000 over the term of a seven-year lease. At signing of a lease for more than 20,000 square-feet in downtown and the execution of an agreement with the City and CRA (Community Redevelopment Agency), the firm would be paid $20,000 from the Brownfields Stabilization Fund to assist in equipping the new offices. The parking system would guarantee up to 50 spaces in the Garden Avenue Garage, providing the firm up to $80,000 in free parking. The CRA will pay the Parking System $40,000 with the Parking System subsidizing the remaining $40,000. If legal or bonding situations change for the Parking System, the CRA would assume the remainder of the obligation. The parking incentive will be triggered when the firm employs more than 96 in their downtown office. As the timing of the parking arrangements becomes necessary, the appropriate budget amendments will be forthcoming. Assistant City Manager Bob Keller said the firm would owe the City $10,000 if it relocates before the seven-year lease expires. Parking spaces, previously reserved for Checkers' employees in the Station Square parking lot, now are reserved for first floor retailers. GS GENERAL SUPPORT SERVICES Contract to Kaiser Pontiac- Buick-GMC, Inc., one GMC Sierra 3500, one-ton truck chassis- cab, 4x2, with utility body, $21,685; funding to be provided under City's Master Lease- Purchase Agreement At first quarter, a capital project for reclaimed water vehicles is being established to purchase two trucks for use by Reclaimed Water Operations. Funding will be from lease purchase revenues. At this time, the City is purchasing a one-ton truck only. The FY (Fiscal Year) 1998/99 operating budget for Reclaimed Water includes funding for this debt service, but the Capital Improvement budget did not include this capital project due to an oversight. General Support Services Administrator Bill Horne said this purchase was budgeted but omitted from the CIP (Capital Improvement Project) due to an oversight. The City plans to purchase two additional trucks. mws02b99 2 02/16/99 SW SOLID WASTE First Reading Ord. #6391-99 - Restructuring Solid Waste Ordinance, requiring dumpsters to be removed from view from thoroughfares or screened, requiring residential refuse containers to be removed from the curb and stored from view, and providing a penalty for non- compliance, requiring lawn and tree maintenance contractors to remove and dispose of the debris from their work, transferring authority from Department of Public Works to Department of Solid Waster/Recycling Many dumpsters (commercial solid waste containers) are visible from streets and thoroughfares. The dumpsters are unsightly and degrade the City's aesthetic appeal. Requiring dumpsters to be screened from view will improve the City's appearance. Instead of removing and storing their refuse containers between collections, some residents leave them at the curb or in rights-of-way. Most citizens follow the Solid Waste/ Recycling Department's policy to place containers curbside no earlier than 7:00 p.m. the night before collection and remove them by 7:00 p.m. on the day of collection. In several communities, the refusal of a significant number of citizens to cooperate degrades the neighborhood's appearance and generates complaints. This revision will enable the Solid Waste/Recycling Department, in cooperation with the CRT (Community Response Team), to require removal of curbside containers. First, citizens will be warned. Those who ignore the warning will be assessed a $10 fine per incident. The department will provide repeat offenders with rear-yard service at the appropriate rate and return the containers for them. Lawn and tree maintenance contractors are leaving large piles of debris for Solid Waste crew pick up and disposal, resulting in special handling and/or overtime. For many years, the Solid Waste ordinance required lawn and tree contractors to remove debris generated by their work. The previous ordinance revision inadvertently omitted this requirement. This ordinance reinstates the requirement. Offenders will be subject to an administrative charge. Repeat offenders could lose their occupational license. Solid Waste Director Bob Brumback said the ordinance will stop lawn contractors from leaving debris behind. Staff has tried to be kind to residents who do not retrieve their black barrel containers, but some refuse to cooperate. Staff researched regulations in other cities, mindful of the department's service orientation. Plans are to tag barrels left out by the street several times before adding $10 fines to the customer's utility bill. "Rear-yard service" would approximately double the trash removal charge. The service is free for the infirm upon presentation of a doctor's note. Concern was expressed that offenders be properly notified so that resulting fines are not a surprise. Mr. Brumback said utility bills will have an insert on this issue. City costs to dispose of trash have increased since contractors stopped removing debris. Concern was expressed that the requirement to screen commercial dumpsters is an unfunded mandate that will impact approximately 1,500 businesses and cost each between $400 and $1,500. It was recommended that staff develop clear compliance instructions so mws02b99 3 02/16/99 businesses do not waste money. Mr. Brumback said staff does not intend to impose a hardship and is working with the permitting department to develop a list of contractors to minimize costs. Funds are available to help defray costs. Staff will offer assistance to businesses that construct the enclosure. Concern was expressed regarding high compliance costs for small businesses. The City Manager said using wood materials would require replacement of the enclosure within a short time. Chain link fencing would require slats. New development is required to use cinder block. Following the least expensive route to compliance will result in ongoing expenses. Bollards are intended to limit damages. The City Attorney said ordinance language holds the City harmless and does not obligate it to repair enclosures damaged by City vehicles. Mr. Brumback anticipated a pilot program on the beach will eliminate 50 dumpsters. PLD PLANNING & DEVELOPMENT SERVICES Public Hearing & First Reading Ords. #6389-99 & #6390-99 - Annexation & RS-6 Zoning for property located at 3006 Grand View Ave., Kapok Terrace, Blk G, Lot 13 and part of Lot 12 (Frederic B. & Michelle K. Moreau, A99-02) The applicant has requested annexation and zoning of Single-Family Residential "Six" for 3006 Grand View Avenue to obtain sewer service. The Planning & Zoning Board unanimously endorsed the request. Planning Director Ralph Stone said the subject property is unimproved. The Development Code Adjustment Board will hear the Cleveland Plaza request for landscape buffer variances to meet minimum parking and aisle width requirements. Cross access must be provided. It was recommended that entrances be improved. Mr. Stone said landscaping will be improved, the site upgraded, and parking lot restriped. The site plan has not been approved. PW PUBLIC WORKS Approve contract with Adam Smith Enterprises to purchase fee simple interest in a 0.229 acre parcel, and a perpetual easement interest in a 0.245 acre parcel, both lying within Trinity Oaks Commerce Center, Sec. 26-26-16, Sec. 27-26-16 & Sec. 35-26-16, Pasco County, for $35,500 plus est. expenses of $4,980 for environmental audit, boundary surveys & closing costs, total not to exceed $40,480 Purchase of property interests in Trinity Oaks Commerce Center will allow CGS (Clearwater Gas System) to construct a natural gas gate station (delivery point) and access the FGT ((Florida Gas Transmission) Company's Phase III pipeline. CGS needs a gate station in Pasco County to provide a northern delivery point that will facilitate a two-way feed to improve gas flow capabilities and service reliability. The subject parcels are adjacent to the easement containing the FGT Company pipeline, and within 500 feet of CGS' distribution gas main. CGS plans to install the gate station in FY 1998/99. mws02b99 4 02/16/99 The negotiated purchase price is 84.5% of the $42,000 valuation determined by the City's appraisal performed by James M. Millspaugh, MAI, dated October 27, 1998. Following contract approval, the City will have 60 days to conduct environmental audits and other investigations of these properties. The agreement may be terminated within that time if it is determined use of the property would require excessive remediation costs. Gas Supply & Regulation Director Terry Neenan said the subject property is 1/8 mile from the subdivision, abuts FGT's easement, and does not border any street. The City worked with Trinity Oaks' main developer to choose a mutually agreed upon location. The property, previously used for agriculture, is reasonably priced due to its location between retention ponds. Amend Fiscal Year 1998/99 operating budget to add 3 FTE positions in Stormwater Utility to meet requirements of federal (NPDES) National Pollution Discharge Elimination System Permit as mandated by the Clean Water Act The City is authorized to discharge stormwater into waters of the United States pursuant to a NPDES (National Pollution Discharge Elimination System) permit effective November 1, 1997. Current staffing levels cannot meet permit requirements. Three additional positions are needed. This ongoing federal mandate to implement program enhancements carries significant penalties for compliance failures. The estimated date of employment is March 1, 1999. The estimated budget impact of the three positions to the Stormwater Utility for the remainder of FY 1998/99 is $54,089. The permit is for five years and renewable in consecutive five-year periods by the USEPA (U.S. Environmental Protection Agency). The positions are needed as long as the permit is in effect. Public Works Administrator Rich Baier said the positions will be funded from the increased fee and will work on the project approved with the fee increase. Approve purchase of property, Magnolia Park Sub., W 114' of Bilk 8, from Times Publishing Company, for $230,000 adjustable based on exact parcel size determined by survey, plus costs of boundary survey & closing expenses estimated at $2,150 for total cost not to exceed $232,150 On February 26, 1998, for the City, James M. Millspaugh, MAI, appraised the land in the block immediately east of the Police Department at $7.50 per square foot. The Times Publishing Company agreed only to sell 30,666 square feet, the west 114 feet of the block. The contract purchase price is equal to the appraised value. At closing, the price will adjust to the actual square feet of the parcel as determined by a boundary survey. The contract stipulates the property is being purchased "AS IS." A Phase II environmental audit has been conducted and monitoring wells have been installed. Based on subsurface conditions, no further environmental testing or remediation are recommended. mws02b99 5 02/16/99 Staff recommends purchase of this property for future use. The City will own all four corners at the Pierce Street/East Avenue intersection. Possible interim uses include a park to serve Pinellas Trail users, parking for staff or visitors, or other recreational purposes. The Solid Waste Fund has sufficient retained earnings to pay the cost of this purchase. The City Manager said the vacant lot, the only one in the area, could impact the Pinellas Trail. The Municipal Services Building has reached capacity with no room for growth. He recommended using Solid Waste funds for the purchase as a future utility customer service center site. Concern was expressed the purchase would remove the property from the tax rolls. Staff will report what size building could be constructed on the site. Assistant City Manager Rick Hedrick said the property is on the market. It was suggested a skateboard park could be constructed there. MPO Interlocal Agreement The Federal Highway Division and FDOT (Florida Department of Transportation) require that Interlocal Agreements establishing local MPOs (Metropolitan Planning Organizations) be amended periodically to incorporate changes to the United States Code pertaining to MPOs. The agreement incorporates United States Code citations resulting from ISTEA (Intermodal Surface Transportation Efficiency Act). FDOT District 7 Office has requested participating government representatives, including Clearwater's Mayor, sign the Interlocal Agreement. Mr. Baier said the agreement was last updated in the 1970s. All agreements must be updated for the MPO to continue qualifying for ISTEA funding. Concern was expressed the beach community is not represented on the MPO. The importance of protecting Clearwater's representation on the board was stated. It was recommended the MPO's lobbyist remain abreast of issues important to the organization The meeting recessed from 10:22 to 10:38 a.m. CM ADMINISTRATION Amendment to Siemon, Larsen Contract to add Prime Interest As a result of One City. One Future., capital projects underway include Gulf-to-Bay Boulevard, the beach entranceway and plaza, the library, downtown projects, Greenwood projects, neighborhood projects, etc. Also, approximately 95 other projects are at various stages of planning and development. Project programming and coordination are major undertakings and it takes significant time to develop scopes and schedules, determine funding, and allocate personnel. Staff requests approval of an addendum to the Siemon, Larsen & Marsh contract for Prime Interests, Inc. to work with the City Manager's office and provide planning, programming, and coordination. The City Manager's office will manage the involvement of Prime Interests, Inc., which will bill for services on a per diem rate. The range of services for a 12-month period should not exceed $200,000. mws02b99 6 02/16/99 Staff proposes to allocate funds from the applicable capital projects in amounts not to exceed 1 % of any project. Investing in the "front end" will save as much as 5% by improving each project's definition, more tightly coordinating all projects, and allocating money and personnel more efficiently. Mr. Hedrick said project success depends on a front-end scope, development of a schedule and budget, planning inspections, project monitoring, bookkeeping, etc. Front-end quality is worth millions of dollars if problems are avoided. This contract would help identify funding for all projects, coordinate efforts, and track progress. The firm has worked in the City Manager's Office for the past year and handled implementation of One City. One Future. The City Manager said the Commission will be updated on project progress. He questioned if staff has the capacity to assure quality outcomes. Mr. Hedrick said last year's attempts were not as successful as management would have liked. It was stated Mr. Hedrick was hired as the City's project manager to avoid problems. Concern was expressed about reducing project budgets by $200,000. It was recommended the number of projects be brought under control, approved projects remain on target, and budgeted resources not be transferred. It was felt this request is too expensive. Mr. Hedrick said budgeting 10% of a project's cost for up-front management is not unusual. He said this 1 % investment could save as much as 5% per project. CA LEGAL DEPARTMENT First Reading Ordinances Ord. #6392-99 - Relating to soliciting on streets, amending Sec. 28.041 to prohibit persons from approaching the occupants of motor vehicles being operated on public streets to solicit money, property or employment; providing a definition of "Public Street" On July 10, 1998, the Honorable David Demers signed an order declaring unconstitutional Pinellas County's street solicitation ordinance. Judge Demers' indicated the ordinance did accomplish the purported objective of preventing the obstruction of vehicular traffic. Judge Demers determined the ordinance only covers situations that may jeopardize traffic safety. The recommended amendments will make the City's solicitation ordinance less vulnerable to similar attack as it targets the act of approaching motor vehicles operating on City streets, including City parking lots and garages, to seek contributions or employment from any occupant or to sell property or services to any occupant. Assistant City Attorney Rob Surrette reviewed revised regulations. Staff will monitor amendment results. Children can continue to advertise car washes. Language focuses on restricting people from approaching vehicles as it is dangerous for people to solicit money or try to retrieve something from vehicles traveling City streets. The City cannot eliminate speech protected by the First Amendment. The amendment is tailored narrowly to promote traffic safety. The amendment is not designed to stop newspaper vendors and charitable solicitors. Other Commission Action mws02b99 / 02/16/99 Mayor Garvey requested an update on the billboard agreement. The City Attorney reported Eller Media will have removed five billboards by Thursday. Two additional billboards are scheduled for removal. Mayor Garvey questioned when the Commission will consider the application for self- storage units in Downtown. The City Attorney said the item will be presented several weeks after the application is filed. Permits must be pulled within six months of the approval date. Commissioner Johnson was pleased the Alice Cooper concert was canceled. Commissioner Hooper congratulated Chuck Pollack on his election to the Belleair Beach council. Commissioner Clark praised Duke Teiman for his hard work in South Greenwood, where a gasoline station site was redeveloped with a community center and police substation. Commissioner Clark said the Parks & Recreation Department's new self-contained portable stage is a nice addition to community programming. Commissioner Clark requested a report and fiscal status of the volunteer program to enforce parking restrictions. Commissioner Johnson reviewed handicapped permit requirements. The City has received complaints regarding new State law requiring recertification of handicapped parking permits. Mayor Garvey referenced a letter from TBRPC (Tampa Bay Regional Planning Council) requesting support of upgrades to 1-4 and 1-275 and recommended support of the concept. The City Manager said road improvements are important for tourism and economic development. Consensus was to draft a letter of support. Adjourn The meeting adjourned at 11:27 a.m. mws02b99 8 02/16/99