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10/15/1990 CITY COMMISSION WORK SESSION October 15, 1990 The City Commission of the City of Clearwater met at City Hall, with the following members present: Rita Garvey Mayor/Commissioner Richard Fitzgerald Vice-Mayor/Commissioner Lee Regulski Commissioner William Nunamaker Commissioner Sue 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 1:16 p.m. and the following items were discussed. Two service pins were awarded to City employees. Employee of the Month Award October, 1990 was presented to Amos Green, Custodial Worker in the Marina Department. Stormwater Utility Billing Issues (AS) At the June 21, 1990 City Commission Meeting, conceptual approval was granted to proceed with implementing a storm water utility billing system and financing plan. The stormwater utility funding proposal was included in the budget for the Public Works capital improvements leading to the adoption of the 5.2037 millage assessment in the 1990/91 budget. The plan is to bring forward the final public hearings on this program in Commission meetings scheduled for November and December in order to implement the enabling ordinance effective January 1, 1991. The plan calls for the funding of all existing storm water management functions in Public Works Engineering, Infrastructure and Environmental divisions and funding for a billing mechanism at minimal cost. In addition, enhancements in Infrastructure and Environmental Management are included in the utility budget to increase City responsiveness to problems of clogged and overgrown drainage ditches, street sweeping, water quality, capital improvement projects, and monitoring required by federal and state mandates. Policy approval is being requested on certain technical questions related to the billing. Staff recommendations include storm water fee be collected from the utility customer, whether the customer be owner or tenant, and the fee be collected monthly through the existing utility billing system. Staff also proposes there be no exemptions from the storm water utility fee; that the decision on handling undeveloped parcels be deferred for at least six months; and that no credits be given for claimed improvements until or unless actual experience establishes a need or rationale for allowing such. With approval of these four recommendations, the software for the storm water utility billing can be designed and tested to ensure the billing will begin the first of the month after the ordinance is adopted. A question was raised regarding what the county is doing and whether or not we are coordinated regarding enclaves. It was indicated we will be working with them as much as possible. In response to questions, it was indicated the water meter will be the basis for determining who will get the bill for the storm water utility fee; and, that in multi-family resident areas, they will be charged for the number of units that are served. In the case of strip stores, a vacant store which is not receiving a bill will not be charged for the storm water utility. A question was raised regarding the number of water users who are not residents of Clearwater, and it was indicated we would only be able to bill those that are residents of Clearwater. It was the consensus of the Commission to place this item on the consent agenda. Roofing Consultant Services - Approve the ranking and authorize negotiation of a one year contract (GS) In order to establish a roof maintenance and replacement schedule, it is recommended the City hire a roofing consultant as staff lacks the time, roofing expertise, equipment, testing laboratories, etc. to effectively perform these functions. The General Services Department solicited proposals and has ranked the responding companies as follows: 1) Professional Services Industries, Inc., 2) Cline Contec South, 3) Rooftec Consultants, Inc., 4) Atec Associates, Inc., and 5) Robert M. Stafford, Inc. Staff is recommending authorizing negotiating a contract with the top ranked firm. In response to a question, it was indicated the City has had roofing consultants in the past. It is only now that the costs have risen to such an extent that it requires Commission approval. It was indicated these services would not be used on each and every roof, only when it is felt needed. A question was raised regarding how long Professional Services has been in business. Kahlua Cup Sailing Regatta Verbal report (MR) The City Manager reported we have a problem at Pier 60 as the structural integrity of the pier is being degraded. The organizers of the Kahlua Cup have requested that the admission fee to Pier 60 be waived in order for people to view the start of the race from the pier. Staff is recommending this not be allowed due to the loading problem that now exists. Consensus of the Commission was to not waive the fee, and for staff to monitor access to the pier. Waiver agreement - Gray/Moussa (CA) The City Attorney reported he had reached an agreement with Jim Gray and Sam Moussa for operation of watercraft through the restricted waterway area. He stated he is also recommending changes to the waterway ordinance. The major changes are to decrease the amount of insurance required to $500,000; to delete the propeller guard; and delete the provision that six citations to customers of the operators would be basis for revocation of an occupational license. He indicated these changes are being requested as the parasail operation only requires the $500,000 worth of insurance, not $1 million as in the ordinance. He also indicated screen propeller guards restrict maneuverability, and they have agreed to have a person to watch while the vessel is going through the restrictive area to prevent any injuries. The deletion of the citations to customers was due to the fact that this would make it very easy for a competitor to essentially put another operator out of business. It was the consensus of the Commission to add this ordinance for first reading at Thursday night's meeting. Extending the contract with Great American Temporary Services for the period 10/1/90-9/30/91 for an estimated cost not to exceed $60,000 (PER) Temporary employment services are needed by City departments at various times. These services are ordered as required to meet both programmed and unprogrammed operational requirements. This amendment is to extend the contract to allow FY 90/91 funding for the service. No cost is incurred for these services unless they are used. When dollars are spent, they come out of normal operating codes and do not cause increases in overall budgets. Generally, these funds are available from salary savings or contractual services. In response to a question, it was indicated we did not go out for competitive bids this year as this is extending the current contract for which we have received good service. Purchase and Installation of playground equipment for Kings Highway Recreation Center, Clearwater Beach Recreation Complex from Miracle Recreation Equipment Co. for $31,684 (PR) The playground equipment at Kings Highway Recreation Center and the Clearwater Beach Recreation Complex is in need of replacement. The new equipment is designed for preschoolers and early primary grade children 6-8 years old. The company selected for this contract will provide and install a playground center with two tube slides, one spiral slide, five decks, one swinging bridge, one stationary bridge, three climbers, two tunnels, and a steering wheel. In addition, this vendor will supply more deck space than was specified. A question was raised regarding whether or not staff had investigated products which used recycled materials. It was indicated this has been done in minor applications, but they are waiting to see how these work out. A suggestion was made that vendors come in and demonstrate their products, that staff contact cities that have used these types of products and they be bid where practical. Contract to perform monthly bio-assay testing on wastewater treatment plant effluents to Grove Scientific Company, Orlando, FL for an estimated $12,450 (PW) The Water Pollution Control Division is mandated by the United States Environmental Protection Agency (EPA) to run monthly bio-assay tests beginning November 1, 1990. The possibility of setting up to perform these tests in-house was investigated and determined not to be cost effective. A concern was raised that this was another unfunded federal mandate. It was indicated the video tape regarding Amendment #3 would be played during the break at Thursday night's Commission meeting. Discussion ensued regarding whether or not agenda items should indicate on them whether or not they are unfunded mandates, and this was deemed inappropriate. A concern was expressed that the list of unfunded mandates is too broad. Resolution 90-45, Authorizing Florida DOT to execute an agreement with CS X Transportation to provide flashing signals at the RR crossing on Vine Ave. (CM) The Florida DOT has identified the Vine Avenue RR crossing in its priority listing as being in need of the installation of flashing signals. This program is financed with federal funds administered by DOT to pay CSX Transportation the installation cost of $62,575.55. The City of Clearwater is required to pay to the railroad an annual maintenance fee of $650. The first annual payment will not be due until one year following installation; therefore, there is no budget impact in 1990/91. Concerns were expressed regarding the true need for this RR crossing, and it was indicated one of the concerns is a wall around City property which partly blocks the view of the tracks. Contract for the Refurbishing of utility hangars at Clearwater Pass Bridge to Coastal Marine Construction, Inc., Venice, FL for $38,541 (PW) The work proposed is the replacement and maintenance of the utility hangar system on Clearwater Pass Bridge. The existing system has deteriorated due to age and requires maintenance prior to the replacement of the existing bridge structure. This contract provides for the refurbishment of the existing hangars on the sanitary force main on the east side of the bridge and the replacement of the combination gas and water main hangars on the west side of the bridge. The City Manager indicated that the wide spread between the two bids received has been investigated, and the low bidder indicated he feels his bid is correct. A question was raised regarding whether or not the special speed enforcement program on Clearwater Pass Bridge had been eliminated. It was indicated the Police Department has cut back and they are no longer using overtime in order to perform this function. Keith Crawford, Traffic Engineer, indicated equipment is to be installed on the bridge which will radar the cars and flash signals to them if they are speeding. In response to a question, it was indicated if all goes well the new bridge will be in place in the 1995/96 fiscal year. Contract for parking lot attendant services at parking lots on Clearwater Beach to Republic Parking Systems, Chattanooga, TN for $143,769 (PW) Specifications relating to costs consists of two parts. Part 1 is an administrative cost which includes uniforms, insurance, worker's compensation, tickets, report forms, office supplies, supervisory, and all other overhead costs incurred. This will be a fixed amount for the period of the contract. Part 2 is the staffing costs, which is the rate applied to the cost of salaries and other expenses related directly to the number of hours an attendant is on duty. If the hours of operation are increased or decreased, the staffing cost will be the basis for adjusting the compensation. This will provide parking lot attendant services for Pier 60, South Gulfview, and Rockaway parking lots. It was indicated that an interim report shows that monies for this program are being recovered through the parking fees. It was questioned whether or not the other issues for the program have been addressed. Keith Crawford, Traffic Engineer, responded that police aides are being used to handle back-up, a new fee computer has been installed which more properly calculates the fee due, and a second installation on a pole has been accomplished so that, during busy times, there can be two lanes exiting at a time. Contract for one Fork Lift for $26,100 and one Skid Loader with power forks and sweeper for $19,390 to Brooking Ford Company, Oldsmar, FL for a total cost of $45,490 (PW) The Sanitation Division has established eight multi-material drop-off centers. Two more drop-off centers are planned for this year. Additionally, there is an in-house curbside program, a commercial cardboard collection program, and an office paper collection program. Sorting, handling, and loading these materials at the Sanitation Complex is necessary in order to market the products. This equipment will provide a safer and more efficient sorting and handling operation while allowing for the continued expansion of our recycling programs. A question was raised regarding our long-range plans for recycling, and Bill Baker, Public Works Director, indicated staff will be coming forward shortly with the total plan. Discussion ensued regarding alternatives for the recycling program. It was requested that the recycling drop-off center at the True School be moved to public property. Appointments to the Environmental Advisory Committee (CLK) A concern was raised regarding one of the nominees being Greg Howe, who is a City employee. Consensus of the Commission was not to consider him as it is a possible conflict of interest. Consensus of the Commission was also that each Commissioner would make a nomination Thursday night in order to give each member a chance to place a candidate on this board. The meeting recessed from 10:45 to 11:00 a.m. Organizational Operational Structure for the Gas System (CM) Considerable interest was shown by the City Commission in the formation of a separate gas utility department headed by a general manager reporting directly to the City Manager. The City Manager is recommending this be implemented in order to enhance decision making, provide for more rapid response, and to maximize the ability of the Gas System to improve its operations more quickly. A performance audit in the preparation of a business plan will also be done. A question was raised regarding why it was necessary to go outside the City structure for a general manager, and the City Manager responded that qualified candidates both inside and outside the City would be considered. Discussion ensued regarding how to separate cost of the Gas Division from the remaining City budget, and at what salary the general manager would be hired. The City Manager indicated all these issues would be worked out over the next few months. A question was raised regarding whether or not a separate gas authority was going to be formed, and it was indicated this was not the plan at this time. In response to a question, it was indicated this should take four to six months to implement. A question was raised regarding how much has been paid to R.W. Beck and Associates for their assistance with the gas plan. Request from Upper Pinellas Association for Retarded Citizens (UPARC) for waiver or payment of City impact fees (CM) UPARC has asked the City to waive or pay the impact fees and other development fees that are associated with a planned UPARC residential development on Highland Avenue in the estimated amount of $78,301.40. There are no provisions in the County's transportation impact fee ordinance to allow the Commission to waive the transportation impact fee. The same issue was addressed recently when the Commission chose to pay approximately $22,000 on behalf of the Center Foundation when it was determined the Commission could not waive the impact fees. The City's water and sewer impact fee ordinance, likewise, does not have a provision to allow the waiver of these fees. Neither does it have a provision that specifically prohibits a fee waiver. With regard to any consideration to waiving the building permit, plan review, or other administrative charges, the circumstances in which the City has previously taken this action were for specific governmental agencies such as St. Petersburg Junior College, Pinellas County, and Ruth Eckerd Hall of which the City will eventually be the owner. The City has established a special mechanism to pay impact fees on behalf of community service organizations that meet the criteria. UPARC does not meet the existing criteria. If the existing criteria is amended, it will set a precedent for future requests of this sort. A concern was expressed regarding the calculation of the transportation impact fee using the full amount for a multi-living unit facility. It was indicated that most inhabitants of this facility will not have cars. Concerns of staff were that the use could change in the future. Staff requested Commission use caution if they decide to expand the criteria. In response to a question, the City Manager indicated he thought this request should be denied. A suggestion was made that UPARC be allowed to pay the fees over a five year period. First Reading, Ordinance 5041-90 - Deleting the provision for Transfers of Development Rights from the Open Space/Recreation district to upland property (PLD) This ordinance is in response to comprehensive plan policy 19.1.1 and will prohibit the transfer of densities from properties seaward of the coastal construction control line to appropriate upland properties east of the coastal construction control line. The Planning and Development Department staff has nearly completed its research on the properties affected by the ordinance. However, this research will be obsolete once a resurvey of the coastal construction control line is released later this year. Staff recommends withdrawal of this item until after the affects of the CCCL survey can be analyzed. A concern was expressed that the coastal construction control line will change periodically over the years, and every time it is changed we will face this issue. It was stated that what is desired are good controls on the rights to upland property; or, in other words, to strengthen control of the transfer of density without variances to the land development code. Declare surplus property in Plaza Park Subdivision, Block G, Lots 1, 5, 7, 8 & 10 for the purpose of selling for Infill Housing (PLD) These lots are proposed to be declared surplus in order to sell them for development of Infill Housing. Action on this item is directly related to action that might be taken by the City regarding the N. Greenwood Infill Housing program. That agenda item will be presented at the November 1, 1990 Commission meeting; therefore, it is recommended this item be continued. A request was made that information be provided regarding how much the City paid for these lots when they were purchased. Update Report concerning Pinellas County Local Government Grant program to achieve countywide consistency in regulatory land use plan categories and associated development standards (PLD) A special act of the Florida Legislature requires all local government comprehensive plans and land development regulations in Pinellas County to be consistent with the countywide comprehensive plan which was adopted by the Board of County Commissioners on February 6, 1989. The Pinellas Planning Council appropriated grant funds for the City of Clearwater and other local governments to accomplish an inventory analysis and a recommended reconciliation strategy. The statute addresses land use plan categories and associated generalized land development standards. The City of Clearwater, along with Pinellas County and the majority of the other municipalities, entered into a local government grant program agreement with the Pinellas Planning Council to begin what was perceived as, and what will continue to be, a long process to achieve legislatively mandated consistency in these standards. The intent of consistency in a densely populated metropolitan area such as Pinellas County has considerable merit. It can streamline the plan amendment process at the county, regional, and state levels. It can be useful in assigning land use categories for annexation. It can provide greater continuity and inter-governmental communication concerning land development matters. However, two issues of concern exist regarding the legislative intent of the statute and the integrated roles of the municipalities, Pinellas County government, and the Pinellas Planning Council. 1) Land Use and Zoning Principals - In Clearwater and most local governments, land use is a generalized guide and zoning provides the detail. Clearwater has 26 zoning districts under 10 land use categories; however, the Countywide regulatory land use plan, with its 26 distinct and separate land use categories, could act as a zoning atlas in many respects. Consistency achievement should produce broad categories and standards as a countywide planning umbrella in the county to define their particular community character through more specific zoning regulations. This would allow specific regulatory controls such as precise density, floor area, and landscaping requirements to remain under the home rule of each municipality in the county. The categories being proposed by the PPC staff essentially reflect the existing countywide plan categories with new names and minor adjustments to land use standards. 2) Level of Regulatory Detail and the Plan Amendment Process - Present direction toward achieving consistency may create problems for the City of Clearwater efforts to streamline and shorten the regulatory process. Presently, only local land use plan changes that are incompatible with countywide categories require Planning Council (PPC) review and action. However, with the proposal of attaching definitive intensity and percentage standards, the City may become increasingly involved in coordinating development proposals through PPC review processes. The Planning Council staff is considering the kind of detail for countywide land use that is historically a function of local government zoning. It is proposing to incorporate or expand all the following standards: 1) density expressed in beds per permitted dwelling unit, 2) intensity limitations expressed in impervious surface ratios and floor area ratios, 3) off-street parking restrictions, and 4) lot size restrictions. As a result, many of those kinds of actions that are currently presented before the Development Code Adjustment Board may be required to go to the City Commission and Planning Council's process as a land use plan amendment. This represents a significant increase in PPC oversight authority over local zoning decisions. The Planning and Development staff feels the City should continue its supportive approach toward the Pinellas Planning Council and its program as there are clear potential benefits to be gained in streamlining the land use plan amendment review process. However, there are some concerns particularly with respect to the impact on Clearwater's present land use plan and land development code. Future activities in this regard are as follows: 1) by October 31, 1990, a grant summary report will be forwarded to the PPC which will propose specific consistency recommendations, 2) in April, 1991, PPC staff will present to the Planning Council its recommendations based upon a compilation of local government submissions; subsequently, the Council's acceptance and modification will be subject to public hearing, 3) consistency achievement on the part of all municipalities in the county is tentatively scheduled for conclusion by December, 1992. Richard Follett, Senior Planner of the Planning and Development Department, reviewed staff's concerns with the Commission. He indicated other municipalities have the same concerns as the City of Clearwater. Mike Wright, Assistant City Manager, stated the greatest concerns is the land use category being perfectly matched with zoning and putting zoning control with the land use plan, thereby giving away local decision-making regarding zoning. He indicated that Clearwater staff wants to take the position to maintain flexibility and control with the City. It was emphasized that all of this negotiation has been taking place at the staff level, and the Pinellas Planning Council has not taken any action or been totally informed about the progress to this point. Concerns were expressed regarding PPC staff trying to assume more authority. A concern was also expressed regarding the role of the County Commission and the countywide planning program. Concern was expressed regarding how many layers of control there should be for this function. Resolution 90-46, Dedication of drainage, utility and roadway easement - Clearwater Country Club and Bonair Hills Subdivision (CA) The City Attorney reported that Florida Power is proposing to put in power lines along this easement. Concerns were expressed regarding why the power lines needed to be overhead lines and why they were going through a City park. Additional information was requested for Thursday night. Countryside Christian Center v. City's settlement proposal This is the second of two lawsuits challenging the City's sewer annexation policy, and the only one still pending; the other has been settled. A settlement has been offered in this case as well. The City Attorney indicated he felt he would have the details of the settlement by Thursday night, and that the Center would have up to three years to annex into the City of Clearwater. In response to a question, it was indicated they would pay water and sewer impact fees. Convenience store law The City Attorney has reported that the state is requiring the City of Clearwater to adopt a convenience store security ordinance. A suggestion was made that consideration be given to adopting an ordinance that requires these facilities to close between midnight and 6:00 a.m. A concern was raised that, when this issue was originally brought up, the Commission was told the City of Clearwater did not meet the requirements for such an ordinance. It was questioned whether or not the locations of the crimes that are requiring us to adopt this ordinance were actually in the City of Clearwater or simply had a Clearwater mailing address. A question was also raised regarding whether or not the county was adopting an ordinance. Other Commission Action Appointment of Trustee to the Florida Orchestra - A question was raised regarding the degree of involvement that would be required. Additional information was requested regarding the amount of time, where meetings would be held, and other pertinent information be provided to the Commission. A suggestion was made that if Commissioners did not wish to serve, perhaps someone affiliated with Ruth Eckerd Hall would be able to. The City Attorney requested verification that the Commission had no problem with the letter to the Attorney General regarding the convenience store law. Consensus was there was no problem. The City Attorney distributed a copy of a draft ordinance regarding sign code variances. Consensus of the Commission was to place this on the agenda for Thursday night. (At a later time, it was determined that it was inappropriate for this ordinance to go forward at this time as it needs to be reviewed by the Development Code Adjustment and Planning and Zoning Boards.) Verbal Reports The City Manager reported there would be a closed bargaining meeting at 4:45 p.m. on October 18th. City Manager Evaluation The Mayor requested consideration of continuing the City Manager's evaluation as a letter had been received over the weekend by Commission members and she felt allegations in this letter need to be addressed. Consensus of the Commission was to go forward with the evaluation. The Mayor expressed concerns regarding the new front counter in the City Manager's Office stating it was not aesthetically pleasing and not appropriate for staff. The City Manager indicated he had worked with staff on the development of this counter. The Mayor indicated she had difficulties with the Manager's management style. She indicated she felt there were too many assistant city managers at work sessions, and that the pyramidal type of management organization was not appropriate. She indicated there were some department heads that should be reporting directly to the City Manager and not through assistant city managers. She felt the Manager needed to present more items rather than using staff to present them. She also expressed concerns regarding the climate in the work place. The Mayor expressed displeasure with the budget presentation; and indicated when items are presented, there are too many options rather than a firm recommendation. She indicated she would not rate the Manager highly. Commissioner Regulski expressed regret that the evaluation process has become what he termed as "a public lynching party." He reviewed previous City Manager evaluations, indicating overall pleasure with the Manager's performance. He indicated his opinion is that the City Manager's job knowledge and performance have remained at a high level. He stated the City Manager has been explicit in carrying out City Commission direction. Concerning the budget, he indicated the City Manager had included in the budget things directed by the City Commission. He rated highly the Manager's efforts to keep the City Commission informed of items and issues that would be coming before them. He eluded to difficulties under the previous administration, and stated the scandal that had been present had not occurred under the current City Manager. He stated he would rate the Manager as good to excellent. Commissioner Nunamaker stated he felt the City Manager was doing an excellent job, and that he had responded to the mandate of the majority of the City Commission. He stated the City has been free of scandal up to this point. He expressed concerns about the Mayor having a possible vendetta against the Manager. The Mayor denied this. He stated there would be morale problems anytime there is change in an organization. He stated he has talked to employees and there is no morale problem. He expressed concerns regarding the employees' complaint regarding pay and indicated we are in tough economic times and employees need to recognize this. He stated his goal for the coming year was to help government run as efficiently and effectively as it can. He emphasized, again, he is very happy with the Manager's performance thus far. Commissioner Fitzgerald indicated there is a difference of opinion among the Commissioners. He stated he feels the City Manager has been innovative, responsive and flexible, and has been available to the City Commission and the public. He agreed the City Manager keeps the City Commission informed and identifies problem areas. He felt Mr. Rabun is a very good to excellent Manager. He stated things the Manager has done have been done as a result of what the City Commission has directed. He expressed concerns regarding the public rating system, and suggested a written rating system instead, with the written evaluations being provided to the City Manager and those becoming public record. He stated there are areas for improvement, and he has mentioned those to the City Manager. He stated he supports the City Manager, he has done a good job and carried out the policies that have been directed by the City Commission. Commissioner Berfield also expressed concerns regarding having to evaluate the Manager in public, and she indicated she would like to see that changed. She agrees with the statements that the City Manager has been responsible for the daily management of the City; however, she disagrees that there is no morale problem. She stated there is one, and the City Manager needs to address it. She expressed dissatisfaction with the Assistant City Managers speaking for Department Heads and requested that all options be presented to the City Commission. She indicated she felt the City was top heavy and that people have been brought in at exorbitant salaries. She stated morale is the biggest problem, and if it is not addressed, performance will suffer. She indicated we all need to work together. Commissioner Berfield expressed her opinion that expenses can be cut, but thought needs to be given to where those cuts are made. She did indicate Mr. Rabun has been very helpful to her, and she has a mixed pro and con evaluation of the City Manager. Discussion ensued regarding salary issues with it being indicated there are many long term employees with high salaries, and that longevity is being rewarded and not performance. It was indicated the current City Manager is not responsible for the high wage situation. Further discussion ensued regarding salaries throughout the City. It was suggested the Florida League of Cities look at municipal salary structures. The meeting adjourned at 1:20 p.m.