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04/30/1990 CITY COMMISSION WORK SESSION April 30, 1990 The City Commission of the City of Clearwater met at City Hall, with the following members present: Rita Garvey Mayor/Commissioner Lee Regulski Commissioner William Nunamaker Commissioner Richard Fitzgerald Commissioner Sue A. Berfield Commissioner Also present were: Ron H. Rabun City Manager M. A. Galbraith, Jr. City Attorney Cynthia E. Goudeau City Clerk The Mayor called the meeting to order at 9:06 a.m. The following items were discussed: Four service pins were awarded to a City employee. Wilson McGill, Jr., Parks and Recreation Department, was presented the Employee of the Month award for April,1990. Resolution 90-16, Authorizing the Placement of Liens on properties for unpaid utility bills The Utilities Account Division has compiled a list of properties upon which they are requesting approval to place liens for unpaid utility bills. The owners have been notified of the delinquency and of this public hearing. In the past a lien threshold of $40 had been used; however, after analysis by the Utilities Finance Division staff, it has been determined that a $100 threshold for liens is more feasible due to the costs directly associated with the filing of the lien. A question was raised regarding habitual offenders for less than $100. It was stated a procedure could be devised that would track these sort of delinquent accounts. In response to questions, Carol Greiner, Utilities Account Manager, reviewed the collection procedure used by the City. In response to a question, it was indicated that taking people with delinquent accounts to small claims court was not cost effective. Negotiate terms of delivery and installation for a Utility Billing/Customer Information System, consisting of hardware and software from Network Computing Corporation, Charlotte, NC for $405,110.00 Staff is recommending the NCC Utility Billing/Customer Service System based on unanimous consensus of the software selection team, the superior flexibility of the system and the excellent support offered by the vendor. Although the initial cost of the NCC system is higher due to the purchase of new hardware, it is projected the City will realize a net savings during the next five years. This projection is based on the lower cost of additional minicomputer packages and anticipated hardware expenses associated with continued expansion of the Unisys mainframe as determined from user information gathered during this project. The support from the Police Department for moving the Unisys A-6 mainframe to their building and the result in increase and reliability and data access-ability would allow the City to purchase the NCC product while still fully using the current computer assets of the City. Laura Chase, Data Information Services Director, reviewed the process used in ranking the NCC system as the one of choice. She reiterated that the A-6 would be moved to the Police Department which provides benefits to the Police Department in a faster system and more direct access to their information. In response to a question, Ms. Chase indicated that, while the Moore system was number one with a strict numeric rating, when they added other factors such as technical staff, management plan, hardware expansion and support, the NCC system rated higher than the Moore Governmental systems. Concerns were raised regarding cities using the NCC system being smaller in population than the City of Clearwater. It was indicated the number of utility customers was looked at and that, for example, Rocky Mount, NC has 40,000 customers while the City of Clearwater has 43,000. Questions were raised regarding a letter that the Commission members received over the weekend from Unisys. It was indicated that staff had not received this letter and, therefore, was unable to respond. It was the consensus of the Commission that staff be provided a copy of this letter and they be allowed to prepare responses prior to Thursday night. Contract to Harv-Air, Inc., Lutz, FL to replace the air conditioner in the Main Library for $33,240.00 Bids were solicited for replacement of the air conditioning unit for the Main Library. This unit will replace the original unit installed in 1960. The existing system is very inefficient due to a deterioration of the coils, fan scrolls and cooling tower. The maintenance on this piece of equipment has been extremely high due to age. The loss of capacity is seriously affecting the comfort conditions on the second floor east wing when it is under full load conditions. The replacement of this system will assure us of another 10-15 years of relatively trouble-free operation. A question was raised regarding why only two bids were received. Staff is to investigate. First Reading, Ordinance 4960-90, Amending Section 114, Code of Ordinances relating to restricted swimming area at Clearwater Beach; providing waiver applications; establishing special operating conditions for vessels; providing conditions for denial of waiver application and for revocation of waiver. In November of 1983, the City Commission enacted an ordinance to restrict watercraft from entering the 300 foot restricted swimming area off Clearwater Beach. This ordinance included a provision whereby a person could apply for a waiver. The proposed amendments provide language to eliminate several defects or omissions in the current ordinance as follows: 1) only upland beachfront property owners possessing riparian rights can seek a waiver, 2) amounts of liability damage insurance for bodily injury and property damage resulting from the operation of any watercraft is established, 3) the safety requirements imposed on the upland owner under a waiver agreement to operate a watercraft in a restricted swimming area are clearly delineated, 4) a separate ordinance violation punishable by a fine of not exceeding $500 for each violation is created and 5) the conditions for which the City can seek revocation for a waiver agreement is clarified. Concerns raised by the Commission at their March 12, 1990 work session have been incorporated into the proposed ordinance with the exception that a requirement of a driver's license be made a part of the requirements. Charles Hunsicker, Assistant City Manager for Operations, reviewed the efforts of staff in producing this ordinance. Discussion ensued regarding the rationale for establishing a ratio of one watercraft per five feet of frontage. It was indicated a maximum of 35 boats per property had been established and the ratio was based on existing operations. Concerns were expressed regarding whether or not property could be leased and, therefore, obtain rights to additional vessels. Mr. Hunsicker indicated the Marine Advisory Board recommended that mechanical boats be limited to 40% of the number of boats allowed per property. Using the one boat per five foot ratio with a maximum of 35 boats per property, if all properties along this area of beach operated a watercraft rental business, a maximum of 201 boats would be allowed of which 81 would be mechanized. Further discussion ensued regarding limiting the number of boats to a maximum of 35 per property. Concerns were raised regarding storage of the watercraft, and it was indicated this would not be allowed on public beach. A question was raised regarding whether or not the 100 foot boundary from Pier 60 was marked, and it was indicated staff would investigate. A question was raised regarding whether or not noise violations would be included in the types of violations that would be considered in the standards for revocation. The revocation standard provides if there are six code violations by the operators of the craft or if there are six violations by the owners of the rental business, this would be grounds for possible revocation of the waiver. It was indicated that any code violation would be considered. Discussion ensued regarding how to monitor these violations; and it was the consensus of the Commission that the annual period not be a calendar year, but rather an occupational license year with the number of violations being prorated should they have a partial year for a license. Further discussion ensued regarding the need to limit the number of motorcraft in the area and whether or not someone would be allowed to transfer their rights to vessels to another owner. Consensus of the Commission was to incorporate the following changes to the ordinance: 1) the rights to the vessels are non-transferrable, 2) a maximum of 40% of the vessels allowed could be mechanized, 3) the chase or rescue vessel required would be included in the number of mechanized boats allowed, 4) the 100 foot distance from Pier 60 be marked and 5) the year period be based on the fiscal year rather than the calendar year with prorating for partial occupational license years. A question was raised regarding the duties of the police officers assigned to the marine patrol as the boat is in for repairs. The Harbormaster indicated they did work on the beach. C.O. #2 and Final for Addition & Alterations to Jack Russell Stadium (89-26B) increasing the contract amount by $9,900.00 In conformance with the agreement between the City of Clearwater and the Philadelphia Phillies professional baseball team, this contract was awarded by the Commission to Consolidated Building Concepts. This contract consisted of three items: 1) the construction of new concession stands, toilet rooms and storage areas, 2) new visitors clubhouse in addition to the existing clubhouse and 3) new concrete flatwork ramps and paving. Mike Wright, Assistant City Manager, stated this will wrap up the improvements to the stadium and covers everything except some engineering fees with Camp, Dresser and McKee. In response to questions, it was indicated there is currently $8,427 left in this particular expense account and another $2,500 would come out for the aforementioned engineering fees. Mr. Wright also reported there is a problem with some steps which need to be addressed and may take more money; however, we are staying within budget. He indicated the Phillies want to add a second story to the ticket booths at their cost. It was suggested the Phillies be requested to open additional concession stands as there were not enough available recently. Annual Compensation Review for the City Manager Section 4b of the City Manager's contract requires the City Commission conduct a compensation review in April of each year. Some concerns were expressed regarding having review of salary without an evaluation; and concerns were raised regarding making a decision regarding this prior to other budget decisions being made. It was the consensus of the Commission to leave this on the agenda for Thursday night. The meeting recessed from 11:05 to 11:15 a.m. Concurrency Management System - First Reading Ordinances 4980-90, 4981-90, 4982-90 and 4983-90 The State of Florida Growth Management Act requires the City address concurrency management and that it be in place by May 31, 1990. Staff has developed the concurrency management system, vested development rights, development agreement and traffic impact study ordinances to address these areas. Jim Polatty, Planning and Development Director, reviewed the ordinances and the changes that have been made since they were last discussed with the Commission. A concern was raised regarding subparagraph "e", on page 2 of the traffic impact study ordinance 4980-90. It was the consensus of the Commission to end that subparagraph after the phrase "the effective date of this ordinance" and to eliminate the remainder of the sentence. Preliminary Site Plan for Latchkey Services for Children, Inc. (preschool and office building) located on the E side of Hercules Ave., S side of Rogers St.; Midway Sub., Lots 13-24, 2.5 acres (Morritt Homes, Inc. PSP 90-05) The applicant is proposing to develop a one story preschool structure and separate office building on the undeveloped 2.5 acre site. The projected enrollment at the preschool is 180 students. The playground is planned on the east side of the site near the parking lot for the existing multi-family development on the adjacent property. The school structure will be constructed in the center of the property, and the office building is planned on the west side. The site includes the anticipated vacation of Central Blvd., an unimproved street along the south side of the site. If this vacation is not approved, the site plan must be revised accordingly. A concern was raised regarding this development being across Hercules Ave. from Clearwater High School; and concerns for the preschoolers safety during peak hours of traffic for the high school was expressed. It was requested that the Traffic Engineer investigate this. Verbal Reports The City Manager requested consensus to allow waiving of fees for the North Greenwood Street Festival. Consensus was given. He reported the City is reaching agreement on the K-9 issue and requested the Commission stay after the work session for a short closed session regarding bargaining. Legislative Update Kathy Rice, Assistant City Manager for Administration, reported on various bills that may impact the City. House Bill 2113 would increase the City's tort liability by lifting the $200,000 cap. Senate Bill 2372 would authorize the South Florida Water Management District to initiate stormwater utility. This could have an impact on the City as they are considering instituting their own stormwater utility. Concerns were expressed regarding the need to differentiate between the cities, counties and other possible agencies that might want to institute this type of fee. House Bill 2917 reduces the 1/2 cent sales tax trust fund to the City. Ms. Rice reported Mr. Massie, the City's lobbyist, indicates legislators are saying they do not wish to erode this revenue source for municipalities. House Bill 2433 establishes a presumption for firefighters or EMS workers, that if they develop certain diseases such as AIDS, it is automatically a job-connected disability. The City opposes this bill as it does not address lifestyle. She reported that Jim Massie would like to meet with the Commission members attending Pinellahassee Day on May 1st at 1:00 after lunch. A question was raised regarding an agenda for Pinellahassee Day, and it was indicated a packet is provided upon arrival. Mrs. Rice also indicated that a House Bill was presented by Representative Traxler regarding music from cars. Mr. Massie's opinion regarding this is that our ordinance is more defensible. The City Attorney reported an occupational license fee for water treatment plants is being considered; and he expressed concerns that cities are becoming a revenue source for the state. Other Commission Action Commissioner Fitzgerald passed out an article from USA Today regarding Clearwater's billboard ordinance. He reported he had received requests for crosswalks on Sand Key. It was indicated this is a County issue. Commissioner Regulski stated he felt the City needed to address water rates in order to enhance water conservation. He stated he felt there should be a minimum fee which provides the service, and then customers should be billed for each and every gallon they use. Commissioner Berfield questioned whether or not there was any report regarding the permitting for Stevenson's Creek. The City Manager stated we have received nothing at this time. The Mayor questioned the status of the service station on the beach. The City Manager responded that the clipouts in newspapers requesting public opinion is still running in the papers and should run for another 2-3 weeks. He indicated he had received a long petition in support of a full service station at that location. The meeting adjourned at 11:50 a.m.