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05/01/1989 COMMISSION WORK SESSION May 1, 1989 The City Commission of the City of Clearwater met at City Hall with the following members present: Rita Garvey Mayor/Commissioner Donald Winner Vice-Mayor/Commissioner Lee Regulski Commissioner William Nunamaker Commissioner Richard Fitzgerald Commissioner Also present were: Ron H. Rabun City Manager M. A. Galbraith, Jr. City Attorney Cynthia E. Goudeau City Clerk Approval of contract between City of Clearwater and the International Association of Firefighters, AFL-CIO, Local 1158. After lengthy bargaining in July of 1988, the City and the IAFF reached impasse on November 30, 1988. On February 6, 1989, the parties presented to a special master assigned by the Florida Public Employees Relation Commission their positions on items not tentatively agreed to at the bargaining table. Following receipt of the special master recommendations which both parties accepted, a final meeting was held by the parties to finalize language on the impasse issues. The IAFF held a vote of the bargaining unit members during the week of April 10, 1989 and the members ratified the agreement. The more significant changes or additions to the previous agreement include the following: 1) addition of a drug testing provision incorporating the concept of reasonable suspicion 2) addition of a no smoking prohibition on or off the job for new hires (those hired after December 15, 1985) 3) Sick leave accrual cap set at 3,360 hours 4) addition of a clause providing a waiver of employee use of the civil service grievance procedure 5) addition of language providing for physical fitness standards effort wherein new hires shall be required to meet physical standards consistent with those at the time of their hire 6) an increase in laundry allowance for bargaining unit members 7) liberalization of the use of a floating holiday by allowing employees to take one of their 24 hour holidays in four hour increments 8) extension of the residency area from Pinellas County to a four county area, Pinellas, Hillsborough, Pasco and Polk counties 9) recognition of the use of the conflict resolution team to discuss rule changes when the fire chief implements such changes 10) establishment of a mechanism for the City to file grievances against the union 11) elimination of contact sports by bargaining unit members 12) deletion of the right of new hires to use one half of their sick leave to extend their retirement dates 13) added language providing that discrimination charges based on Federal law are not grievable under the contract but have to be pursued through the proper agency 14) restrictions on the granting of floating holidays in the first year of employment by a pro-rating formula 15) a 5% wage increase effective October 1, 1988 and a subsequent 5% wage increase effective October 1, 1989 16) deletion of provisions and supplemental pay for headquarters lieutenant designation. The estimated cost of implementation of the agreement is $270,120.00. Mike Laursen, Personnel Director, stated this has been ratified by the firefighters. He has committed to the firefighters to try and have the wage adjustment in the next paycheck. He stated approval of this contract will accomplish some good things for the City such as the sick leave cap, the elimination of contact sports and implementing drug testing provisions. In response to a question it was indicated the firefighters would participate in the physical fitness program on their own time and this is the same requirement as for the Fraternal Order of Police. Concern was raised regarding extending the residency area and the Personnel Director indicated this was an important issue to the firefighters. He stated the only occurrence in which firefighters have been called back in was during Hurricane Elena in 1985. Public Hearing and First Reading Ord. #4804-89 - Vacating ROW of Laura St., at SW corner of Lot 13, Blk 18, Gould and Ewings Subdivision, Second Addition (City of Clearwater) The subject right-of-way was dedicated in 1972 as the westerly extension of Laura Street. In 1974 the City constructed a road connecting Hendricks Street to Laura Street, eliminating the need for the subject right-of-way. A sanitary sewer line which is not being used lies within the right-of-way. The petition has been reviewed by various city departments and there are no objections. The sanitation division is currently using this right-of-way for exiting the adjacent property to the east after collecting trash. The vacation may require relocating the dumpster and removal of several city metered parking spaces. Florida Power and General Telephone have facilities within this right-of-way serving First Florida Bank which may have to be relocated if a building is constructed on this site. It was indicated this is part of the property needed in order to move forward on the Clearwater Towers development. Mike Wright, Assistant City Manager, indicated staff has reached a tentative agreement with MAS ONE, the developers of the tower, which he hopes to bring forward to the Community Redevelopment Agency shortly. It was indicated surveys are being done in order to locate Florida Power utilities at this location. Contract for New Office Building - Proposed Building B (1650 N. Arcturas Ave.) with Prelude Construction Co., Inc., for $105,221.00 This is the second of three phases for construction of a new infrastructure complex to be located on city owned property at 1650 N. Arcturas Ave. The complex is necessary due to the closing of the Williams School area and the reorganization of the public service and water divisions into the infrastructure group. The new complex will allow for better efficiency and communication between the office staff and the work force by uniting the divisions into a single complex. Questions were raised regarding how this would fit into plans for a new city hall and it was indicated these facilities would not be located at the city hall unless all the trucks were to be moved to the city hall location. It was indicated this is a central location and convenient for scheduling. Contract approving Interruptible Gas Rate with Heath and Co., Oldsmar An interruptible account by definition is a large user of natural gas which can use an alternate source of fuel when the service is interrupted because of a natural gas shortage. Because of the situation where the customer can be turned off and made to use an alternate source of fuel, they are granted a lower rate than the customer who can not be turned off because of a shortage. Interruptible customers are required to use a minimum of 250 therms of gas per day. The current interruptible rate, as of April 1, 1989, is 42.861 cents per therm. Concerns were raised that by granting this rate, revenues would go down and it was indicated the company has installed what they need for the interruptible service and the City could loose them as a customer if they do not get the interruptible rate. Receipt and Referral of petition for Annexation, P/SP Zoning and a Land Use Plan Amendment to Public/Semi-Public for property (7.52 acres) located on the E side of Belcher Road across from Clearwater Industrial Park, M&B 22.012, Sec. 7-29-16 (Salvation Army) The property is presently vacant but is proposed to be developed with a Salvation Army facility consisting of offices, a chapel and classrooms. Questions were raised regarding the advantage to the City in annexing this property as it will not be placed on the tax rolls. It was indicated the City would have the ability to control development and the use could change in the future. Staff has reviewed the site plan and they are preserving the corridor along Belcher Road and meeting design standards regarding retention and landscaping. In response to a question it was indicated parking would be mainly grass and meets our standards. Receipt and Referral of Zoning Amendment from Commercial Center (CC) to General Commercial (GC) for property (0.52 acres) located at the NW corner of the intersection of Belcher Road and Nursery Road, M&B 41.05, Sec. 24-29-15 (Mobile Oil Corp) The property is presently developed as a vehicle service station under different ownership than the adjacent Imperial Square shopping center. The request is being made to permit the addition to the existing facility which would not be possible under the setback requirements of the existing CC district zoning. The applicant contends this site was inadvertently zoned CC in conjunction with the general rezoning of the Imperial Square shopping center. A question was raised regarding whether or not Mobil owned the property when it was rezoned to CC. Agreement for Annexation for property (0.43 acres) located at the NW corner of the intersection of South Haven Drive and Belleair Road, Lots 16 and 17, South Haven Subdivision, Sec. 19-29-16 (Elliott) The property is currently developed with a duplex on the north half of lots 16 and 17 and with a beauty salon and convenience store on the south half. The property owner is requesting the agreement for annexation in order to receive sewer service. The property owner will extend, at his expense, a private sewer force main to serve his property from the existing city sewer which is approximately 900 feet to the north of South Haven Drive. In response to a question it was indicated this is the southern limit of the city's service area. It was stated the houses on South Haven which are now on septic tank would have an opportunity to hook up to the city's sewer through additional agreements and that it is standard procedure to notify those properties of this availability. City of Clearwater Residential Anti-Displacement and Relocation Assistance Plan In the August 17, 1988 federal register, the United States Department of Housing and Urban Development ("HUD") published an interim rule that sets forth relocation, displacement, replacement housing and real property acquisition policies and requirements applicable to the Community Development Block Grant. ("CDBG") Under this rule, in the new section 104 (d) of the housing and community development act of 1974, as established under the interim rule, it is provided that a grant, under section 106 of the act, may be made only if the grantee recipient certifies that it is following a residential anti-displacement and relocation plan. Grantees are required to provide reasonable benefits to any person involuntarily and permanently displaced as a result of HUD assistance to acquire or substantially rehabilitate property. The plan will also apply to other HUD programs such as the rental rehabilitation program and the section 312 rehabilitation program. There are no projects anticipated in the foreseeable future which would be supported with HUD assistance and would result in the involuntary and permanent displacement of persons. Accordingly, no cost is anticipated. If at any time there is such a project, displacement costs and other compliance costs need to be included in the total project cost as part of the grant assistance award. In response to a question, Jim Sheeler, Community Development Director indicated this will bring the City up to speed with HUD requirements. He stated this is standard to the community development block grant program and the five year requirement is fixed. Change from the maximum indebtedness of 75% loan to value requirement for the Housing Rehabilitation Loan Program Criteria to 95% loan to value requirement The Housing Rehabilitation Loan Program provides housing rehabilitation loans to low and moderate income families whose homes do not meet minimum housing standards. The program is operated by the Community Development Office of the Planning and Development Department using Community Development Block Grant funds. Currently, the loan criteria requires that the total indebtedness may not exceed 75% of the as is value of the property plus rehabilitation costs. Current FHA and private mortgage lending practices provide loans at anywhere from 90 to 110% of purchase price or value when closing expenses are considered. The existing program underserves young families who have not achieved a 25% equity position by owning their house for many years. It also slows the purchase and rehabilitation of many substandards homes where a FHA mortgage or a conventional mortgage could be combined with rehabilitation funds to obtain affordable minimum housing. Pinellas County Community Development Department presently uses a 95% loan to value ratio for their CDBG housing rehabilitation program. It was indicated this will make our rehabilitation loan program more in line with the county and will help younger families with home repair loans. It was also indicated these funds are available through a revolving loan fund of $4 to 500,000.00 a year. In response to questions it was indicated there was a small backlog of applicants and that the program is available city-wide but limited to low and moderate income families. Transmittal Public Hearing for Clearwater Comprehensive Update 1989 Florida Statutes require a Transmittal Public Hearing be conducted by the City Commission and approval action by a majority vote. The required elements for Clearwater's Comprehensive Plan include future land use, traffic circulation, mass transit, aviation, housing, sanitary sewer, solid waste, drainage, potable water, natural ground water aqua for recharge, coastal zone management, conservation, recreation/open space, intergovernmental coordination and capital improvements. The City Attorney indicated the proposals are minor amendments. Questions were raised regarding grandfathering density seaward of the coastal construction control line and it was indicated this is being done because in the instance of a condominium, a unit is real property and if that unit can not be built back, there would be a taking which is prohibited by State Statute. Ordinance #4803-89 - Amending Secs. 42.20 and 42.21 regarding purchasing and Secs. 42.30 and 42.31 increasing limitation on public works contracts without formal competitive bidding This ordinance has been drafted in order to bring the purchasing sections in line with recent city charter changes. A concern was expressed regarding the use of "in excess" and "less than" being inconsistent. A motion to amend will be provided for thursday's meeting. Proposed resolutions regarding PSTA Funding One of the resolutions proposes the County use transportation impact fees in order to fund the Pinellas Suncoast Transit Authority ("PSTA") and the other resolution encourages continued financial support of public transportation by the United States and the State of Florida. The City Attorney reported Keith Crawford, Traffic Engineer, felt there would be more revenue through the gas tax. Discussion ensued regarding mass transit studies and coordination between Hillsborough and Pinellas Counties. It was indicated PSTA is mass transit provided in the county and the county is not recognizing the problem. Proposed Interlocal Agreement with Pinellas County allowing the City to show enclaves and other unincorporated property within the City's "planning area" on the City's Comprehensive Land Use Map About a year ago, Paula Harvey, Acting Planning and Development Director and the City Attorney began negotiating with the County's Planning and Legal staff to develop an interlocal agreement allowing the City to show enclaves and other unincorporated property within the City's planning area on the City's Comprehensive Land Use Map. This agreement, if approved, will be too late to allow the City to "fill in the blanks" of the City's new comprehensive plan. However, once the process of filling in the blanks is completed, the problem of having to amend the City plan for virtually every annexation will have been eliminated. In response to a question regarding notifying the Department of Community Affairs, the Acting Planning and Development Director indicated this would put DCA on notice. Verbal Reports Legislative Update The City Attorney indicated a bill has been proposed that would amend the twice a year limitation on amendments to the Land Use Plan to four times a year. It was reported the surtax for affordable housing is in committee, the utility service bill has passed committee and the Public Library bill has an unfavorable recommendation. A bill regarding outdoor advertising is on the house agenda for tomorrow. The City Attorney indicated he will be going to Tallahassee this afternoon to discuss some compromises. It was indicated the City is opposing the group home zoning bill. A letter has gone to Fred Marquis regarding EMS and the time has been extended for this bill to go to committee. A bill on assault weapons will be discussed tomorrow. A concern was expressed that the trend in transportation bills is for local governments to take over state roads. It was reported by Charles Hunsicker, Assistant City Manager that the governor has set aside funds for distribution to local governments for compliance with Stormwater requirements. In response to a question, it was indicated the Stevenson's Creek Project would be suitable for such a grant. Questions were raised regarding beach renourishment and it was indicated the County is requesting Sand Key be included in their program. Mr. Hunsicker indicated he felt there would be no appropriation for beach renourishment this year and in response to a question regarding the tourist tax, which has been set aside for this, it was indicated this should continue. It was requested that Advisory Boards be kept up to date regarding legislation in their areas. The City Attorney indicated he had a two page letter regarding the concurrency dialogue with Dunbar and requested City Commission comments. Budget Advisory Committee Concerns have been expressed regarding whether or not the Budget Advisory Committee is being used effectively and whether or not it should continue. Concerns were expressed that the problem seems to be making sure information gets to the City Commission and the Commission takes it into consideration. Discussion ensued regarding ways in which the committee should be used. It was indicated if the Commission truly wished the committee to critique the budget, they should begin such operation on the second of October. It was indicated the committee had expressed concerns that their recommendations were not being considered. It was suggested the committee needs direction and focus. A suggestion was made that the number of members be increased in order to have a better cross section of the community. Consensus of the Commission was for each Commissioner to appoint two members increasing the number of the committee to ten and for staff to put together recommendations regarding operation of the committee and have it at the next meeting. The Mayor raised a question regarding a Request for Proposal (RFP) which has been designed requesting engineering services for the City of Clearwater. The City Manager indicated the RFP was not designed to limit competition. A concern has been raised regarding Briley Wild and Associates who have been the City's engineer for a number of years and Charles Hunsicker, Assistant City Manager, indicated there was a concern regarding needing to consider another company. It was indicated if Briley Wild and Associates are not chosen as the City's Engineer of Record, they would still continue with the City for several years as they are deeply involved in the Advanced Wastewater Treatment Plants. Bill Baker, Public Works Director indicated Briley Wild and Associates will finish any work they are deeply into and the City is not dissatisfied with Briley Wild and Associates. The City Manager indicated it is a matter of competition. The Mayor expressed concerns regarding the RFP indicating preference will be given to nationally recognized firms and those with experience in particular areas. It was indicated the City's primary focus will be in water and sewer and stormwater items. Mr. Baker indicated it is understood the firms are not expected to have expertise in all disciplines noted and they are encouraged to submit bids if they have experience in civil functions. A question was raised regarding the need for financial review and it was indicated this would not come from an engineering company. It was emphasized this is engineering services for water and sewer only and will not be bringing in all engineering aspects. It was indicated the bid gives the impression that it does cover all engineering duties. Mr. Baker reiterated the City is primarily going out for water and sewer services and it was commented that mentioning stormwater causes confusion. Consensus of the Commission was that an addendum to the RFP be sent to all parties clarifying this is water and sewer and there is no preference for national firms and to extend the bid deadline for approximately ten days. Other Commission Action Commissioner Nunamaker mentioned a letter from a Sand Key resident regarding placing rip rap around the pilings of Sand Key Bridge. He stated rip rap deters erosion and questioned whether or not the City is satisfied that what we are doing is more economical. Mr. Baker indicated there are two categories of piles at Clearwater Pass Bridge, some with sufficient imbedment and others with not. Rip rap will not restore the stability of those piles that have lost their imbedment and the crutch bents being installed are to restore the stability. It was indicated that placing rip rap would change the cross section of the Pass and would cause additional problems of scour. It was emphasized that Kissinger Campo, the City's consultant for the bridge, has examined every suggestion made for improvements or replacement of the bridge. The meeting adjourned at 11:51 a.m.