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09/05/1989 WORK SESSION September 5, 1989 The City Commission of the City of Clearwater met at City Hall with the following members present: Rita Garvey Mayor/Commissioner Don Winner Vice-Mayor/Commissioner Richard Fitzgerald Commissioner Lee Regulski Commissioner William Nunamaker Commissioner Also Present: Ron Rabun City Manger M. A. Galbraith, Jr. City Attorney Cynthia E. Goudeau City Clerk The meeting was called to order at 9:01 a.m. Six service pins were awarded and one thirty year service ring was awarded. The following items were discussed: Alcoholic Beverage Consumption at Coachman Park during Jazz Holiday - Ord.#4883-89 The City of Clearwater prohibits the consumption of alcoholic beverages in public parks with two exceptions; Jack Russell Stadium and the Clearwater Country Club. The proposed ordinance will expand the exemptions to include Coachman Park during Jazz Holiday events. The ordinance is supported by the Police Department. Chief Klein indicated that a number of people do consume alcohol during Jazz Holiday activities. He stated laws on the books regarding disorderly conduct will allow them to arrest people who become intoxicated. He stated it is difficult for his officers to enforce the no alcoholic beverage code requirements as they exist. Discussion ensued regarding setting a precedent by allowing alcoholic beverages in the park during this activity. Concerns were expressed that perhaps additional enforcement was needed rather than loosening the requirements. The Police Chief requested clear direction regarding Commission's desires for policing this activity. He stated that if this ordinance is passed people guilty of disorderly conduct or drunkenness would be ejected from the park. Police Officers would check for underage drinking. The work session recessed from 9:32 to 9:57 a.m. Res.#89-50 - Authorizing the City officials to execute by hand or by facsimile signature all checks drawn on City of Clearwater bank accounts. City staff is proposing a resolution which authorizes city officials other than the City Manager to execute checks. In response to a question it was indicated that this would allow checks to be issued if the City Manager were unavailable. Concerns were expressed regarding the number of individuals being listed as being allowed to sign and the Commission requested that an adjustment be made to the resolution. (This item was pulled from the Thursday night agenda as staff was still working on addressing the Commission's concerns) Surplus Land Sale to the CRA - Declare the property known as parking lot #8 and the adjacent triangle of undeveloped property to be surplus to City needs for the purpose of selling both parcels to the Community Redevelopment Agency and find there is a valid public purpose for this transfer. The land is configured in three parcels which are contiguous to the land upon which the First Florida Bank is located. The cumulative appraised value of the three parcels is $484,154.25. The appraisal price of Lots 4 & 5 is $222,989.00 and the proposed sale price is $157,988.00, a difference of $65,001.00. The City charter allows the sale to be at less than appraised value if the land is being sold to another governmental agency and after an advertized public hearing. Based on estimates by the budget office, the CRA will have sufficient funds in the current and upcoming fiscal year to purchase the land at the appraised value and complete the proposed park project. However, that will only leave the CRA approximately $12,000.00 in unallocated funds which must last until the end of 90/91 fiscal year. Therefore, it is recommended the City sell Lot 4 & 5 to the CRA for the prices that the Mas One Limited Corp. has agreed to pay for the land. The combined cost of this sale would be $157,988.00. It is recommended that Lot 1 be purchased at appraised value for a cost of $261,165.00. This property will be developed into a downtown park. It was indicated that the City would recoup the loss for selling below appraised value over a five year period in increased taxes from the development. Discussion ensued regarding why the City should sell Lot 1, which is to be developed into a park. Consensus of the Commission was to leave the parcel to be developed into a park in City ownership, transferring that property from the parking fund to the Parks and Recreation Department. The item is to be revised by Thursday night's meeting. One year extension of contract for City Wide Elevator Maintenance and Inspection Services with Miami Elevator, Co.; $14,279.64. This is an annual contract for maintenance of all elevators in the City facilities. A question was raised regarding whether or not the companies who installed the elevators would maintain their elevators for less. Staff is to investigate. (This item was not placed on Thursday night's agenda as information regarding maintenance by the different companies had not be obtained) Contract for two 3000S Service Monitors, for the City's 800 mHz Trunked Radio System, with CT systems, Inc., Beach Grove, IN; $11,010.50. With the advent of the new 800 mHz Trunked Radio System, the radio test equipment is not compatible. The 3000S Service Monitors are required in order to check and test both mobile and portable radios. Without this equipment, the radio shop is not able to repair and test the new radios. In response to a question, it was indicated that user departments will be funding this contract. A request was made that costs for the 800 mHz system be provided to the Commission. Contract for Xerox Equipment Maintenance Services with Xerox Corp. Tampa; $20.028.00. Recurring maintenance services are required on copier equipment purchased from Xerox Corporation. Equipment of this type is usually maintained by the manufacturer through its service technician. Information was requested regarding the original purchase price of the Xerox equipment. One year contract extension for Photocopy (Reproduction) Charges for FY 1989/90 with Pitney Bowes, Inc., Tampa; $80,000.00. This is a one year extension by mutual agreement to a contract first approved by the City Commission on March 6, 1986. In this agreement the City purchases individual copies at 1.75 cents each rather than acquiring copy machines through rental, lease or purchase. It was requested that a goal be set to reduce the number of copies made throughout the City. The meeting recessed from 10:36 10:46 a.m. Contract for Renovation of Ross Norton Swimming Pool with Atlantic Pool Builders; $35,037.00. Ross Norton Swimming Pool is the only City pool operated year round. A large portion of the deck around the pool has settled since it was built in 1978. The result is that the deck no longer has the proper pitch required by the Health Code of the State of Florida. The settling has also produced strain on the perimeter plumbing causing some leakage. In response to a question, it was indicated there have been pressure tests for leaks and the entire extent of these leaks is not known at this time. Emergency Purchase Order #3072-89 for 8" Sanitary Sewer Repair, Far Horizons Mobile Home Park with Insituform Southeast, Inc.; $54,378.00. During the week of March 20, 1989, leaks were discovered in the sanitary sewer line which runs through and across the Far Horizons Mobile Home Park. The line required immediate replacement or repair. On March 24, 1989, City Manager, Ron Rabun, verbally approved an emergency repair to be performed by Insituform Southeast, Inc. The contractor started repair March 27 and completed the initial repair March 29 relieving the emergency condition. The repair was not completed at this time due to a wrinkle being formed in the liner fabric. Due to the original liner giving satisfactory intermediate service and relieving the emergency condition the contractor did not return to complete the repair until June 24 as there were conflicts with his schedule. The final repair of the sewer was coordinated with the ongoing repair of the East Pollution Control Facility South Interceptor Contract. A question was raised regarding why this had not come to the Commission earlier and the Public Works Director indicated he did not wish to bring it to the Commission until the original work had been corrected. Extension of Street Sweeping Contract for one year with American Sweeping, Inc.; $133,126.56. The award of this contract will extend for one year the current program of joint City private provision for sweeping services. The contractor will sweep the downtown commercial streets, beach commercial streets and parking lots each Monday and Thursday and will sweep the beach residential streets once each week. All streets on the north beach, both curbed and uncurbed, will be swept plus downtown parking lots. Concern was expressed that it had been said that the City would cease residential street sweeping. It was indicated that we need to continue this on the beach due to the sand problems. It was also indicated that the City will be getting into more street sweeping due to stormwater management requirements. Extension of contract for one year for Ninety Gallon Plastic Refuse Containers with Reuter, Inc., Hopkins, MN; $150,000.00. The City has requirements to replace unserviceable 90 Gallon Refuse Containers used in its automated side loading solid waste collection system. A question was raised regarding whether or not we could use barrels made out of recycled plastic and it was indicated that while these are available, they do not stand up well under the Florida sun. Ord.#4874-90 - Vacating a drainage easement in Glenwood Subdivision, lying within Lots 143 and 144, V89-13. The applicant owns the land on both sides of this drainage easement. The easement was obtained in 1926 to cover a storm line lying across Lots 143 and 144. The applicant is in the process of selling the property. The future owners propose to build a single family home and pool which will lie across the existing storm sewer. They are willing to pay the cost of relocating the pipe in order to build on this property. Engineering has no objections providing the pipe is relocated and a 15' easement is retained. In response to a question regarding the impact of this on the City drainage project in the area, the Public Works Director indicated this is separate from that project. Discussion: Repair #3, Clearwater Pass Bridge. Bill Baker, Public Works Director, indicated this was a one time repair to Bent #34. It is believed that vibrations shook Bent #34 so that it lost its skin friction. The bent is holding currently however it had been creeping lower. He stated we need to go forward with fixing this bent now otherwise the bridge would have to be closed in order to fix the bent at a later date. He indicated the estimated cost is $150,000.00 and that the project will also include removing some no load bearing piles. In response to a question, it was indicated we are within the monies we have budgeted for repairs to the bridge. Mr. Baker indicated there may still be one more possible repair episode needed which would be estimated to cost 1 million dollars. In response to a question, he indicated there are still inspections made by dive teams and there is some acretion at some bents and additional scouring at others. He stated there have been no alarming events. In response to a questions regarding the advisability of placing rip-rap at the pilings, Mr. Baker indicated that the City's consultants, Kissinger/Campo do not consider this to be a good idea. Discussion ensued regarding the ability of the City to move more quickly in replacing the bridge. It was indicated that if the City were to move forward and expend its own monies for this replacement, there would be no reimbursement for those fees expended. Mr. Baker indicated he hoped to award the bid for this repair on September 21, 1989. Appointment to Beautification Committee one member. A question was raised regarding whether or not the Beautification Committee should be combined with the Parks and Recreation Board. The Commission made a request for general reports regarding the board's accomplishments. Three year contract for Financial Advisor Services with Raymond James and Associates, Inc. The City advertized for expressions of interest from financial advisors. Eleven firms responded and four were invited to make presentations to the selection committee. The selection committee ranked Raymond James and Associates, Inc. as number one and the Commission approved the ranking and authorized negotiation at its August 3rd, 1989 meeting. A request was made that information be provided regarding what we are paying our current financial advisor. Three year contract for Bond Counsel with Bryant, Miller and Olive, P.A. The City of Clearwater advertized for expression of interest from bond counsels. Ten firms responded and three firms were invited to make presentations to the selection committee. The selection committee ranked the firm of Bryant, Miller and Olive, P.A. as its first choice and the Commission approved the ranking and authorized the negotiation of the contract. Information regarding current bond counsel costs was requested. Amend the Capital Improvement Project for the Motor Pool Refurbishment Shop and transfer excess funds to the self insurance reserve. In the 1985/86 budget, the Commission approved a Capital Improvement Project entitled Motor Pool Refurbishment. After reviewing this project, it is recommended that we not go forward with the full refurbishment shop but rather only proceed with the site development including the pollution solution system, the paint booth and the tire/fuel facility. It is felt that the cost of the facility and the estimated ten vehicles per year which were to be refurbished does not justify the cost of the building and allows those vehicles which can be economically refurbished outside the shop to be bid to private vendors. The remaining 647,857.00 remaining in this Capital Improvement Project will be transferred to the insurance reserve fund. Discussion ensued regarding whether or not eliminating this project would affect funding for the 800 mHz system. It was indicated this would remain intact. Concerns were expressed that when the refurbishment shop project was set up, it was indicated the savings would more than pay for the shop. Consensus of the Commission was to pull this item for two weeks to allow staff to provide additional information. Analysis of Impact Fees, Permit Fees and Assistance to Social sErvice Organizations that provide Affordable Housing. Pursuant to the request of the City Commission, the Planning and Development Department has prepared an analysis of the affect of impact fees on affordable housing. Current commission policy prohibits the waiver of impact fees. Based on estimates, approximately 340 units would be built over the next ten years with a cumulative potential fiscal impact of between 800,000.00 to 1.15 million depending on the type of unit constructed. There are two ways to fund the proposal, One; increase revenues to offset the costs and pay the enterprise or special development accounts or two, waive the potential revenue to the specific fund. It was indicated that staff is requesting direction whether the Commission wishes to waive these fees or to establish a pot of money in order to fund these impact fees. In response to a question, it was indicated this could be done through some CDBG monies. Concern was expressed that this has gone somewhat out of line with Commission request and this is subsidizing housing versus monies to handle the homeless issue. It was indicated that staff could narrow the focus but would still need to know the Commission's philosophy regarding waiving or subsidizing the fees. Discussion ensued regarding the options available to the Commission and it was indicated the three options are to 1) fund with CDBG money, 2) fund through the general fund or 3) to waive. It was indicated that the county has taken no action regarding transportation impact fees for these types of facilities. In response to a question, it was indicated that impact fees for Everybody's Tabernacle is 17 to 18 thousand dollars. Consensus of the Commission was for staff to pursue taking into account concerns expressed and come back in two weeks with a recommendation. Agreement for the Collection of Recyclable Solid Waste Materials. State legislation requires the City to reduce its solid waste stream by at least 30 percent by 1994. The pilot program, instituted in July of 1987 with recycling and recovery systems was for the collection of newsprint. This pilot program was very successful. In March of 89 the City entered into a contractual agreement with Recycling and Recovery Systems, Inc. for a considerable expansion of the scope of the collection of recyclable items. This included collection of newsprint, aluminum, glass and certain types of plastic. At the onset of this agreement, Recycling and Recovering Systems was receiving $42.00 per ton for newsprint. Since that time, the market has drastically declined and they presently receive $27.00 per ton. At this price, Recycling and Recovery Systems can not make a profit. Staff feels they must be subsidized if they are to continue operation. A sliding subsidy based on tons collected per month is recommended. If Commission approves this conceptually, Staff will prepare an amendment to the existing contract for a future agenda. Matina Wagner, Recycling Coordinator, stated the City only has two choices regarding its trash, to bury it or to burn it. She stated the landfill is over burdened and that the incinerator has reached capacity. In response to a question, she indicated currently the City encourages the use of garbage disposals. She stated Clearwater's program is unique in that it uses a private organization to assist in the recycling program. She stated neighborly senior services provided the recycling efforts for two years, free of charge and then the City entered into the agreement with them under the name of Recycling and Recovery Systems, Inc. She stated they are having problems making enough revenue to operate and the City is recommending subsidizing their efforts. Commission consensus was to approve this in concept, tying the sliding scale to market value. Agreement for Professional Services, Engineer of Record, with Camp, Dresser & McKee, Inc. On June 15, 1989, the Commission approved the ranking and authorized the negotiation for a contract for Engineer of Record with Camp, Dresser & McKee, Inc. The services to be provided include but are not limited to; preparation of construction drawings, specifications and bid documents for public works projects, studies related to value engineering and/or the cost effectiveness of proposed facilities, water and sewer processes, designs and equipment and water supply, studies related to the planning for expansion or sale of any public works facility, for assistance in financial matters, operations and maintenance manuals and training, studies related to water and wastewater management, master planning, design and financing, studies related to stormwater management, master planning, design and financing, including stormwater utility feasibility and implementation; studies related to rates, fees, user charges and other impact upon various agreements between the City and its customers, suppliers and consultants, assistance in meeting regulatory and grant requirements; permitting and preparation of permit documents and representation of the City before appropriate regulatory bodies and other work as may be reasonably required. The proposed contract is structured for a five year time frame with provisions for one year extensions thereafter upon approval of the Commission. Each year the commission will approve budget requests to fund construction projects and major studies under the Capital Improvements Program and general engineering services for the Public Works Department under the annual operating budget. Concern was expressed that there was no limit on the one year renewals. It was requested that an automatic rebid after ten years be provided with the original contract being awarded for five years with one five year renewal possible. A question was raised regarding the multiplier used in calculating staff costs. Staff will provide information regarding this. Preliminary Site Plan for Style Auto, 2868 Gulf-to-Bay Blvd., (1.39 acres) located in Sec. 17-29-16, M&B 14.03. The applicant is requesting approval of a Site Plan to redevelop the site which was previously Mako's Lounge into an automobile rental sales business. Concerns were raised regarding there being two entrances and the consensus was to add another condition which provided for only one driveway onto Gulf-to-Bay. Discussion: Gas Fueling sites for Convenience Stores and in the North Greenwood Commercial District. Commission has expressed concerns regarding the impact of allowing gasoline sales at convenience stores and they requested staff come back with recommendations regarding how to regulate this. Staff's recommendation is to allow gasoline service sales at convenience stores in the neighborhood commercial district limiting the number of fueling spaces that can be allowed. It was indicated that the neighborhood commercial district is limited commercial and most of traffic at neighborhood commercial establishments is passerby traffic. Suggestion was made that they allow for flexibility in the number of fueling sites allowed through conditional use. Consensus of the Commission was to add this ordinance to the agenda for Thursday night. It was stated that Res.#89-44 establishing the North Greenwood Commercial District Design standards need to be added to the agenda. The meeting recessed from 1:15 p.m. to 1:22 p.m. Ord.#4886-89 - False Alarms Rob Surette, Assistant City Attorney, stated the Clearwater Police Department has a problem with the number of responses required for false alarms. He stated effective October 1st, changes in procedures for code enforcement board will no longer allow the board to deal with false alarms on a repeat basis. He stated the ordinance proposed is similar to a Miami ordinance. If the Police Department repeatedly goes to an address for false alarms, corrective action will be needed. A hearing can be requested to contest the false alarm finding. If the cited party does not pay the fine or request a hearing, City Police will no longer respond to alarms at that address. He stated if the Police Department does not respond when there was actually a need to, we will have on file the notices regarding the previous false alarms. He said the Police Department will respond to eye witness notification. He stated a computer will be needed in order to set up the system. A permit will be issued for an alarm system. If an alarm system has no permit, the police department will not respond. In response to a question regarding the number of false alarms, the City Attorney indicated that over 90 percent of alarms received are false. In response to question, it was indicated that the ordinance requires an automatic shut off time of thirty minutes for businesses and twenty minutes for residential systems. In response to a question regarding how much the system will cost, the City Manager stated a cost analysis will be available by second reading. It was indicated that fire alarms can not be handled in the same manner. It was reported there will be a draft ordinance presented to the Commission regarding prostitution at the next work session. Verbal Reports The City Manager announced a ceremony to open the new docks at the marina and invited the Commission. He stated that on September 21st or October 5th, the Commission will be presented with an interlocal agreement regarding the increase in the one cent sales tax. Other Commission Action Commissioner Winner stated that the service station on the beach seems to be closed and that the City needs to get something going regarding this site. He also indicated that nothing has been done yet regarding dedicating the enforcement dock at the police substation to the four youths that were killed in the Memorial Day Weekend boating accident. The City Manager is to work on this. Commissioner Regulski questioned staff's response to FEMA stating he felt we should be more strong in our indignation regarding their accusations. Commissioner Fitzgerald expressed concerns regarding the financial status of PACT and requested they be requested to brief the City Commission regarding their problems. Michael Wright, Assistant City Manager is to get with PACT regarding this. It was reported that if they are unable to make mortgage payments, the bank can demand that the City pay up to our liability of 1.8 million dollars. Commissioner Regulski questioned whether they issue financial statements and it was indicated they are provided to the City. It was the consensus of the Commission to have the City Attorney's evaluation the first work session in October. The meeting adjourned at 2:00 p.m.