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11/13/1990 CITY COMMISSION WORK SESSION November 13, 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 9:44 a.m., one service pin was awarded and the following items were discussed: Plan Document prepared by Ogle & Waters, Inc., Employee Benefits Compensation and Human Resources Consultants, to implement the Section 125 Premium Payment Plan In September of 1990, the City Commission approved the concept of implementing a premium payment plan in accordance with Section 125 of the Internal Revenue Code. Once the plan document is adopted, the actual implementation can begin effective January 1, 1991. Adoption of the 125 Premium Payment Plan will provide employees of the City of Clearwater with the opportunity to pay their payroll deducted health, dental and cancer insurance premiums with pre-tax dollars. Those employees who have these deductions and elect to participate in the plan will experience a decrease in the taxes they pay and a corresponding increase in their take home pays. According to an analysis performed in the payroll division, assuming that all employees elect to participate in the plan, the minimum savings to the employees would be $169,000.00. In addition, since the City is required to pay FICA tax matching the employees payment, the City would experience a savings of approximately $13,000.00. Concerns were expressed regarding the impact should the IRS code change and it was indicated staff is comfortable that this will remain as a part of the IRS code. In response to a question, it was indicated participation will be at the choice of the employee and it will only benefit those employees who pay for their benefits. Contract for library moving services to enable recarpeting of the Main Library to Graebel/Florida Movers, Inc., For $28,840.00 The main library carpet is a hazard to patrons and staff due to areas with large ripples. Separate bids were solicited for the carpet and for services to move all book ranges, furniture, books and other items to facilitate the recarpeting. Bidders were given detailed instructions for scheduling the work and on the movement of the furnishings to ensure the library remain open and the collection accessible whenever possible during the term of the recarpeting. All books and materials will remain on the shelves in the library. The book stacks will be moved intact. This was a rebid for services caused by protests received from local vendors. The recommended vendor is local and capable of performing the desired task. In response to a question, it was indicated the individuals that protested the original bid are the ones who are being recommended for award of this contract. It was also indicated the price is a couple of thousand dollars less than the original recommended bid. An additional question was asked regarding the original awardee not bidding and Linda Mielke, Library Director, indicated they did not bid due to some error in the company's office. Ratify & Confirm City Manager's authorization to pay $13,348.00 for emergency repairs made to the main electrical panel at the Main Library to Target Electrical Systems, Inc. On October 22, 1990, a short circuit in the main electrical panel servicing the Clearwater Main Library caused major fire damage resulting in the facility being closed for two days and necessitating emergency repairs. As of October 24th all repairs were completed and power restored to the library. A question was raised regarding how the company chosen for these emergency repairs was selected. Contract for vehicle fuel to Mansfield Oil Co., Gainesville, GA, for the period 11/16/90-9/30/91 at an estimated cost of $550,000.00 This contract provides fuel for the operation of the City of Clearwater motor fleet. The contract is a co-op bid with the County, School Board and other cities within the County. If current prices remain stable, this may require a mid-year budget increase of approximately $300,000.00. A question was raised regarding what taxes the City had to pay on their purchases of fuel and it was indicated it was felt state taxes had to be paid but were reimbursed at the end of the year. Staff would investigate this further. In response to questions regarding the possible mid-year budget review, it was indicated that any additional funds would be looked for in savings elsewhere, not from the surplus fund. Amendment to existing lease agreement with Clearwater Beach Seafood, Inc. to allow alcoholic beverage sales other than beer and wine for on premise consumption with meals In December 1983, the City entered into a 15 year lease agreement with Clearwater Beach Seafood, Inc., located at 37 Causeway Boulevard to operate a restaurant and seafood market. Under the terms of the lease, the lessee was allowed to sell beer and wine on the second floor restaurant only. On September 9, 1986, an amendment to the lease was approved by the Commission to operate a raw bar with beer and wine sales for on premise consumption on the first floor of the demised premises. A second amendment to the lease was approved by the Commission on October 14, 1986, to extend the hours of the raw bar located on the first floor. The lessee now requests that the sale of alcoholic beverages replace beer and wine for on premise consumption. This will require a conditional use approval from the Planning and Zoning Board. A question was raised regarding the alcoholic beverages that have been sold at this location and it was indicated that it was beer and wine only. A question was also raised regarding whether or not their state beverage license would need to be changed. Contract for approximately fifty protective vests and covers, for the period 12/1/90-9/30/91 to Lawmen's & Shooter's Supply, Inc., Vero Beach, FL, for a total estimated purchase price of $17,156.00 The police department began purchasing protective vests in 1977. In 1985 tests were performed on the oldest and most worn vests. It was determined at that time that a majority of the vests were in good serviceable condition. Recently the industry providing the vests has taken a position that the suggested life span of these vests is five years. Therefore, the police department feels it necessary to replace approximately fifty vests and vest covers. The vests to be replaced include those over five years old and those displaying fraying or unusual wear. In response to a question, it was indicated this purchase is in the budget. A concern was expressed that this is low bid and if it met the necessary safety requirements and it was indicated it does. Police Chief Klein, responding to a question, indicated the officer has the option regarding whether or not he wishes to have a vest issued but if the vest is issued, the officer must wear it. Contract for sixty "Base Station" Laptop Computer/MDT mounting systems to LEDCO, Clearwater, FL, for $35,700.00 The police department is in the process of implementing the in car use portion of the computer automated data traffic accident program using the laptop portable computers. The department identified a need to be able to mount the laptop computers in each patrol vehicle in a manner that would maximize computer use in an operational setting and to facilitate the future proposed conversion to mobile digital terminals, MDT's. In addition, the department had to take officer safety and equipment longevity into consideration. A committee was appointed and chaired by Sergeant Costenbader to research and identify possible mounting brackets available. The committee completed its research in July and began field testing at least three different products. Each product was evaluated by a minimum of 25 operators for positioning, adjustability and comfort. The product furnished by LEDCO, called the base station, was by far the superior of those tested. Even this stand required some modifications. The final product, when installed, will standardize all laptop vehicle mounting for all applications, as well as, standardize the mounting of car radios, sirens and visibar systems in a stacking tray below the computer. Chief Klein and Sergeant Costenbader displayed a sample of the mounting unit to be used and demonstrated its adaptability. Sergeant Costenbader also explained the safety features of the unit. In response to a question, it was indicated there will be some special cars, such as the mustangs used for the special traffic enforcement team, that may require additional modification prior to a computer being able to be mounted in those vehicles. Donation of approximately 1.69 acres of land from Mr. Edward H. Walker, Jr. and Mr. Don Williams conditioned on a title search being secured Mr. Walker and Mr. Williams are offering the City, by gift or donation, approximately 1.69 acres of land, located on the west side of U.S. 19, immediately south of the parking lot of the Arigato Restaurant. It is important to Mr. Walker and Mr. Williams that this acquisition take place this calendar year. The proposed property abuts a narrow piece of city-owned park property on the south. To assist in determining the value of the site, the proposal was reviewed by the city's environmental division of the public works department. According to Terry Finch, Environmental Manager, acquisition of this property would preclude commercial development and thereby, preserve it and adjacent wetland areas and they strongly recommend pursuit of the property. Further, although the proposed site has limited, if any potential for recreation development, it may assist in providing an additional means of access to the existing park property. In the event this donation is accepted, staff will contract for a title search prior to final acceptance of the site. If approved, Mr. Walker and Mr. Williams indicate they will convey the property to the city by warranty deed. The current assessed value, according to the property appraiser's office is $88,100.00. Concerns were raised regarding the site being environmentally clean and it was indicated there was no evidence of any problems in that area. It was requested that staff check a little further into the environmental question. Resolution #90-49 - increasing fees for rental of certain Parks and Recreation Department facilities and establishing new fees for library meeting rooms During the budget process, it was suggested that a way to increase revenue was to begin charging for use of the library meeting rooms. As staff investigated this, it was determined that in order to be equitable, Parks and Recreation facilities should be charged for as well. Under the proposed resolution some of the existing rental fees for such buildings as the City Hall Annex, Memorial Civic Center and Martin Luther King Center have been increased in order to recover escalating costs. In addition to increasing the current rental rates, the proposed resolution also establishes new and consistent rental fees for groups desiring to use recreation centers and library meeting rooms. Further, the existing category group of co-sponsored is being eliminated to achieve consistency in city rental policy. In response to a question, it was indicated there are hundreds of groups which use the library and recreation facilities. The recreation facilities are not used as often as the library as meetings in those facilities have to be scheduled around existing recreation activities. It was indicated there will be opposition from those groups which have been using these facilities at no cost. In response to a question, it was indicated that the charges proposed are based on the cost to the City for custodial services and utility fees. It was indicated the small conference rooms will still be available at no cost to small groups. Concerns were raised regarding the effective date being immediately upon adoption and it was the consensus of the Commission to revise the resolution to have the effective date as of January 1, 1991. Gulf-to-Bay Widening Utility Relocation Agreement with FDOT In January of 1989, the Commission approved a joint project agreement with the Florida Department of Transportation (FDOT) for the relocation of city gas, water and sanitary sewer utilities along Gulf-to-Bay Boulevard. The agreement requires the City to deposit funds for its utility work on the project in a utility relocation account before the project is awarded to the contractor. Since the original negotiations were completed, the FDOT has changed their procedure to require the deposit of an additional 10 percent of the low bid for contingency for payment of overruns, if any. Questions were raised regarding when the widening project would begin and Keith Crawford, Traffic Engineer, indicated it would begin three months after award of the contract and would take one year to complete. In response to questions, it was indicated this would entail the relocation of existing gas lines. Extend scope of existing Briley, Wild & Associates agreement for engineering services at the Advanced Pollution Control Facilities to include preparation of a preliminary engineering report to significantly reduce sludge pathogens and to abide by the new FDER rules for an estimated cost of $30,000.00 The Marshall Street East and Northeast Advanced Pollution Control facilities were designed to comply with the advanced wastewater treatment requirements of the Grissel-Figg legislation, as well as, other regulations which were in effect at that time. The Marshall Street facility is now in service and in full compliance with both the EPA consent decree and the legislation. The east and northeast plants are approaching completion and are on schedule. During the course of construction of the facilities, a new rule regarding sludge was established. This rule became effective in August of 1990 and regulates the treatment and disposal of sludge throughout the state. The rule results in a requirement for significant changes in the treatment and disposal of municipal sludge. Although FDER may grant a permit for the continued land spreading of sludge on the city's property on a short term basis, it is clear that modifications will be necessary to produce a sludge meeting the new rule. The city's plants currently produce a type C sludge with no process to significantly reduce pathogens. The operation must now be improved to provide a process to significantly reduce pathogens. A preliminary engineering report should be prepared to identify the sludge conditioning process to be chosen prior to the beginning of actual design work. The preliminary engineering report would include alternatives to modify the sludge process to meet the new regulations. At this time it would appear that the most cost effective methods would be lime stabilization or a combination of lime stabilization and pasteurization. The preliminary study would include a more detailed review of all potential options. The preliminary engineering report would be produced by Briley, Wild & Associates under the same terms and conditions of the existing contract and will involve an estimated additional contract amount of $30,000.00. Discussion ensued regarding the disposal of the by-product and it was indicated the City intends to continue to use the land in Hillsborough County at this time. Questions were also raised regarding the ability to allow people to use the by-product as fertilizer. Questions were raised regarding the possibility of working with the County to use wastewater from plants to process it into drinking water. Bill Baker, Public Works Director, indicated he did not feel the available processes were quite to that point. Contract for engineering services for an alignment study/design report for Myrtle Avenue to Post, Buckley, Schuh & Jerigan, Inc., for a not to exceed amount of $129,871.00 The City hopes to acquire funding from the Florida Department of Transportation (FDOT) for part or all of the cost of construction of Myrtle Avenue from its current terminal point at Lakeview, south to an intersection with Clearwater-Largo road. In order to acquire such funding certain procedures must be followed. A potential dilemma is the very expensive procedural process could be followed and FDOT funding not be acquired. Therefore, a modified procedure is proposed for this project wherein certain basic requirements of the FDOT would be met up to a point where their financial involvement could be determined. At that point the City could elect to complete the FDOT preliminary requirements and go on to receive FDOT funding or if FDOT funding is not available, the City could then pursue the project using local or city standards. The work proposed is an alignment study/design report and conceptual design plans for the project. The scope of work assumes that three major alternatives will be evaluated. The reason for studying several alternatives include the complications of going around Lake Belleview and the crossing of the Seaboard Coastline Railroad track, either at grade or by a bridge. The study will determine which, if any, alignments will work and will compare the cost of each. If at any point it is determined that the project can not be built or the cost would be prohibitive, the Commission will be notified and the contract terminated. Much of the work required for the preparation of the study would be required as part of the normal design process, therefore, if a determination is made to proceed with the construction with one of the alternative, part of the design work will already be completed. Questions were raised regarding how long it would take to complete the project. Cecil Henderson, Assistant Public Works Director for Engineering, indicated this is a six to nine month project but that this is only selecting the route in assessing the impact on the lake and how to cross the railroad. Actual construction is at least two years away. Mr. Henderson indicated staff first needs to decide if the project is to be done. Public Hearing & First Reading Ordinance #5058-90 - Establishing a Stormwater Management Utility Stormwater runoff has become a major concern as an environmental problem as well as a cause of flooding and other undesirable events. The State is dealing with environmental impacts while local governments face the need to repair and replace stormwater infrastructure systems that are aging and subject citizens to flooding episodes. Local government also faces the need to continuously remove overgrown vegetation from back yard ditch banks and other major drainage tributaries and to protect the water quality of the streams, lakes and bays. Stormwater related needs are categorized as drainage considerations, water quality considerations and asethic considerations. There is also impending federal and state mandates which will require the City to plan and construct water quality capital improvements to protect and preserve water quality of its streams, Clearwater Harbor and upper Tampa Bay. In order to raise the money necessary, estimated at 27 million over the next five years, the City has developed a new stormwater utility program which establishes a financing tool to pay for collecting, treating and disposing of stormwater. To meet the stormwater related needs, the City proposes a stormwater management program which expands our current efforts through the addition of a ten person ditch bank cleaning crew and equipment; the addition of four people and equipment in the environmental management division, the addition of two people in the infrastructure division for street sweeping; the acquisition of two street sweepers; expansion of storm facilities maintenance such as catch basin cleaning and repair of storm pipes and the construction of defined capital improvement projects designed and permitted to provide flood control and/or enhance water quality. It is proposed that a stormwater utility enterprise fund be created through a new user fee to replace current funding from the road and drain millage and other property taxes. Approximately 8 million dollars of the Penny for Pinellas sales tax proceeds are also programed for construction of major capital improvements along Stevenson's Creek and other major streams throughout Clearwater. This stormwater utility will consist of a monthly charge for services rendered to the residential households and non-residential enterprises throughout Clearwater. The fee will be applied uniformly to all developed property in Clearwater including, but not limited to, residences, commercial properties, government property, churches, schools and other institutions and tax exempt property with impervious surfaces on them. This will produce the revenues necessary to operate the stormwater management utility. It is proposed that all dwelling units be included in a single customer class and each be assigned the value of one equivalent residential unit (ERU). Adding the impervious area of all residential units for Clearwater and dividing by the number of units gives an average impervious value of 1,830 square feet for each residential unit in Clearwater. Since the amount of impervious surface directly relates to the demand for stormwater service to that property, the value of 1,830 square feet equals one ERU. This becomes the standard unit of measure for stormwater service against which all residential properties are measured. Unlike the relative uniformity and rates of runoff from different types of residential property, there is a wide variability in the rate of runoff among different non-residential uses of land. Each non-residential property will be assigned a specific number of ERU's by dividing its impervious area by the standard unit of measure of 1,830 square feet. For example, a commercial property occupying a developed parcel of land and consisting of 18,300 square feet of impervious surface would be billed for 10 ERU's. It is proposed that the cost of each ERU be established at $3.00 per month. The fee will be collected from the utility customer for each property through the existing utility billing system. Undeveloped property will not be charged a fee at this time pending a staff report in six months after final adoption of the ordinance. No credits will be given for claimed improvements until or unless actual experience establishes a need and rationale for allowing such. The effective date of ordinance implementation is set for January 1, 1991. Billing for stormwater utility services rendered during the month of January will begin with the first billing in February of 1991. Bill Baker, Public Works Director and Charles Hunsicker, Assistant City Manager reviewed their proposed presentation for Thursday night's meeting. It was also indicated staff is preparing answers to questions that are being received from the public. It was indicated that if the City's proposal was to have a tailored fee for each developed property, the cost of the administration would out weigh the benefits hoped to be gained. In response to a question, it was indicated the environmental committee will be reviewing the proposed ordinance prior to second reading. In response to a question regarding possible suggestions that credits be allowed, Scott McClelland of Camp Dresser & Mckee indicated credits should only be considered when someone goes beyond what is required by the regulations. The ordinance currently does not provide for credits. A question was raised regarding why an apartment building and an office building would be handled differently and Scott McClelland explained that based on the study, each residential unit contributes approximately the same to stormwater runoff while commercial properties do not. Discussion ensued regarding the calculations used for residential and non-commercial properties and concerns were raised it might not be appropriate to charge a condominium unit the same rate as a single family residence. It was requested that examples of the calculations of commercial and residential be provided to the Commission. The meeting recessed from 11:17 a.m. to 11:31 a.m. Final report of Willingham & Associates, Architects, Inc. for the space requirements and utilization plan for the consolidated City Hall The City of Clearwater entered into a contract with Willingham & Associates to determine the space requirements and a utilization plan through the year 2000 for a consolidated City Hall. The scope of work included five phases. The first phase identified and analyzed current office space, staff and operations. The second phase projected growth of each department interfaced with the Clearwater population trends. The third phase reviewed adjacent City relationships between departments to look at conceptual floor sizes and parking requirements. Phase four reviewed three sites and schematic site plans were developed with building plans solutions for each site. Phase five estimated the cost of each of the three sites. As downtown redevelopment efforts mature, alternative public/private funding sources will be reviewed to anticipate any plans which may make one of the three sites more attractive than the others for development. These recommendations or alternatives for the construction of the City Hall will be brought forward to the Commission in the future as these possibilities develop. It was stated this is a report to the Commission and staff is not requesting any decision at this point. It was indicated staff hopes to not have to go to referendum for financing of the project. Funding may be in conjunction with downtown development. Annette Willingham of Willingham & Associates reviewed the process used for the study. It was indicated no auditorium is included in the proposal as it was too expensive. Concerns were expressed that an auditorium is an important part of the community and it was suggested this be considered as a separate facility rather than a part of the City Hall complex. Ms. Willingham indicated adjacencies were analyzed, in other words, who interacts with whom, and three sites were evaluated; the current annex site, the current city hall site and the Campbell property. She reviewed the building plans for each site. In reference to the annex site, it was suggested something innovative, such as underground parking, as this is a sloping site, be considered. Commissioner Regulski left the meeting at 12:10 p.m. The City Manager indicated all financing questions and site location will come back to the Commission for final decision. Michael Wright, Assistant City Manager, indicated staff is requesting consensus from the Commission regarding the size of the proposed structure. He also indicated the annex site is key for anchoring downtown development. It was also indicated auditorium space could be incorporated in downtown development plans. In response to a question, it was indicated the Campbell site and the annex site have room for expandsion while the current city hall site does not. It was indicated staff felt that the Commission would be asked to make a decision regarding the site sometime in 1991. 1991 State Legislative Program On November 15, 1990, the Pinellas County Legislative Delegation will have an organizational delegation meeting at Largo City Hall. The deadline for filing local bills and appropriations requests is tentatively set for November 29, 1990. At this time the ballot question advancing the date for the legislative session has been decided but dates have not been set for committee meetings and committee assignments have not yet been made. After review and modification of the first draft of the 1991 Legislative Program, the City will submit the final product to the Legislative Delegation. Also provided for Commission information is a draft copy of the legislative action items from the Clearwater Chamber of Commerce. Concerns were expressed regarding a court ruling on workers compensation and Kathy Rice, Assistant City Manager, indicated that Leo Schrader, Risk Manager, is keeping staff up to date on this issue. Ms. Rice indicated she will be working with Jim Massie on these issues and will update the City Commission as soon as possible. It was also indicated staff is working on a legislative delegation luncheon. The only local bill is the Kenton appropriations bill. Ms. Rice indicated the final package would be ready by December 20, 1990. Consensus of the Commission is these are the items they are interested in. Public Hearing & First Reading Ordinance #5055-90 - Land Development Code Text Amendment to provide that variances from the sign regulations may be granted by the City Commission and clarify the powers and duties of the Development Code Adjustment Board with respect to variances from sign regulations and alcoholic beverage establishment minimum separation requirement The Commission had directed staff to prepare an amendment to the land development code transferring authority to grant variances to the sign regulations to the Commission. Jim Polatty, Planning and Development Director, reported the Development Code Adjustment Board recommended leaving in the Hearing Officer as an appeal to the Commission decision. It is staff's recommendation this not be done. Discussion ensued regarding the effective date of the ordinance and Commission consensus was they wanted all applications that had not been processed as of the effective date of the ordinance to be heard by the City Commission. Mr. Polatty reported that in April, the city staff will be sending letters to owners of signs that will be non-conforming and they will be notified of their ability to request a variance. Alcoholic Beverage Minimum Distance Variance for package sales of beer and wine within 79.24' of a similarly licensed establishment at 1407-1409 Betty Lane North, Pine Ridge Sub., Blk D, Lots 10, 11 and part of Lot 12 (Betty Lane Supermarket AB90-08) The applicant is proposing the package sales of beer and wine with no on premise consumption at Betty Lane Supermarket. The proposed hours of operation for the establishment are 6:00 a.m. to 11:00 p.m. The application involves a related variance to the 200' separation distance restriction as it is within 79.24' of the adjacent property to the north within the same block which includes an existing 2APS establishment. The proposed establishment has one door within 50' of residentially zoned property which will be used as an emergency exit only. The applicant has agreed that no deliveries or building services will occur between the hours of 10:00 p.m. and 6:00 a.m. daily. The Planning and Zoning Board is scheduled to review the conditional use on November 13, 1990. Staff is recommending approval subject to certain conditions. In response to questions, Mr. Polatty indicated there is another package sales in the same center and the establishment does back up to residential. Verbal Reports The City Manager requested consensus for staff to proceed with plans for the North Greenwood sidewalk enhancement. Consensus was to proceed. Commissioner Nunamaker questioned whether or not his questions regarding the police department being able to use the median strip for parking had been investigated. The City Manager indicated he is still researching. Commissioner Berfield questioned whether or not there was any additional information regarding the Center Foundation and Mike Wright indicated he would be meeting with Mr. Fisher later that day. The meeting adjourned at 12:58 p.m.