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06/01/1992 CITY COMMISSION WORK SESSION June 1, 1992 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 Sue A. Berfield Commissioner Lee Regulski Commissioner Arthur X. Deegan Commissioner Also present were: Michael J. Wright City Manager M. A. Galbraith, Jr. City Attorney Cynthia E. Goudeau City Clerk The Mayor called the meeting to order at 10:24 a.m. and the following items were discussed. Service Pins One Service Pin was awarded to a City employee. Status of the Gas Market - Charles Warrington, Managing Director (WSO) A. Financial Performance - April 1992 Statement The Gas Division has realized an estimated $1.6 million net to date based on a seven month year-to-date evaluation. Last year's total was $450 thousand. The City is paying less due to spot market buying. It is projected $1.8 million will be in City funds by September 30. B. External Industry Issue/Potential Impact 1) Federal Energy Regulatory Commission (FERC) Issues Order 636: The Federal Government has been working on deregulation of the industry for 10-15 years; with an ongoing restructuring for the past several years. Access to the pipelines had previously been dictated by the gas pipeline providers. The City is now transitioning to purchases on the spot market currently at 30% increasing to 50% in August. A pipeline "Restructuring Rule" or "Mega NOPR" was passed March 8, 1992 in which pipelines become transmission lines only. Some important provisions of the rule are: 1) it requires "no-notice" firm transportation options in which the pipeline is responsible to supply gas if we are undersupplied and in need; 2) open-access transportation on pipelines and storage (Florida now has none); 3) requires information regarding capacity assignment to be available for all to bid; 4) a fixed variable pipeline rate design; 5) right of first refusal. Concern was expressed regarding the LDC right of first refusal and transition cost recovery for pipelines. In response to a question, it was stated companies must submit their plans for compliance this summer. 2) Florida Gas Transmission (FGT) Rate Case FERC settlement hearings are in progress; and the new operating structure will be in place in 1993/1994. $1 million per year is at stake for the City. In response to a question, Mr. Warrington stated there is a significant increase in transmission costs. The pipelines are satisfied they will recover the costs; and in the long run, the results will be positive. 3) FMNGA Rate Committee is working on the formation of a Joint Action Agency to pool the members' future fuel marketing needs. There are two City employees on the committee as this is in the best interest of the City. 4) National Energy Policy Natural Gas will be named America's "fuel of choice" because it is economically advantageous, environmentally clean, and nationally energy secure. 5) Regulatory Issues The overall cost/life cycle cost of energy includes improvements, conservation, etc. making it beneficial for all. Demand side management will level out usage year round. Gas appliances are 10% more efficient. Currently the electric companies have more control over building codes and are trying to make gas usage cost prohibitive. 6) New Suncoast Pipeline and FGT Phase III A new coastal intrastate pipeline is being sought to connect to United at Pensacola, with a potential gate station at the Pasco County line. The FGT Phase III pipeline would run down to Pasco County and then head east. 7) New Gas Technologies There are 50 gas serviced residential heat pump units around the country being tested this year. The first phase for commercial is scheduled for early 1993. In response to a question, it was stated the units will cost approximately $6,700, which is comparable to a high efficiency electric unit. Operating cost savings would be 15% - 30% less than electric units. Also available are several large commercial A/C units. Tecochill units are 500 tons, used for large commercial business such as hospitals; it also produces hot water. Desiccant is half regular cooling and half dry air affording much cheaper operation. Vehicles using compressed natural gas are being used by Florida Power. The City has plans to put in a dual fuel station to supply natural gas or gasoline operated vehicles. 8) Environmental Gas fireplaces are being encouraged for better air quality. Also, hot water heating is 85% more efficient by natural gas. 9) Information exchange , training, and joint action through associations This will keep us ahead of constant gas system changes. Mr. Warrington commended Terry Neenan, Gas Superintendent, on being the most successful gas buyer in the State, saving the City about $200,000 this year. It was suggested the residential load, rather than commercial, would be more stable as a means of accomplishing natural gas use goals. A request was made that a growth chart with a demand curve for commercial vs. residential use be developed. First Reading Ord. #5210-92 - amending City's travel policies and related sections of the Code to align the City's allowed reimbursement rates and travel policies with those authorized by and through State Statutes (AS-2) The current City travel policy and reimbursement provisions as contained in Sections 27.01, 27.05 and 27.08 in the Code set forth definitions, specific travel allowance rates and methods of computation that require revision and updating. Proposed changes to the current ordinance are: 1) reference the City ordinance to the Florida law, Sections 112.061(6) and 112.061(7)(d) Florida Statutes for the establishment of rates for public officer and employee travel; 2) streamline, simplify and make more equitable the travel computations by allowing subsistence reimbursement based on the Florida Statute per diem rate or on actual substantiated lodging costs plus amounts permitted for meal expenses; 3) define authorized travel as that on official business for the City including conventions or conferences serving a direct public purpose; 4) eliminate references to Classes of Travel and parts of the travel day as superfluous to local travel procedures; 5) disallow reimbursement for meals or lodging costs included in convention or conference fees; and 6) eliminate reference to specific travel reimbursement rates, using the State travel rates by reference. There will be no financial impact on the City with the adoption of the changes recommended above. The rates now contained in the current City ordinance are the same as those now set by the referenced State statute. Meal allowances will remain at $3 for breakfast, $6 for lunch and $12 for supper. The daily per diem will remain at $50 and reimbursement for mileage when using a private vehicle will remain at $.20 a mile. Importantly, future changes in State travel reimbursement rates will not require changes in the City ordinance which, if revised as recommended, adopts them automatically by reference. This proposal for revising the City Travel Code conforms to the objectives of Clearwater City Commission Policy Statement No. CC-2 as amended March 19, 1992. In response to questions, it was stated reimbursement for mileage is for out of City travel only. Authorized travel refers to employee, employment related travel. This will basically make the State policy our policy; however, we can change ours if we don't agree with changes the State may make. Developer Presentations - Downtown Redevelopment Project (ED-1) The Request for Qualifications (RFQ) for the East End Project issued on April 1, 1992, represented a significant benchmark in the downtown revitalization process. Some years ago, City officials raised the prospect of using city-owned property at the Annex site for development purposes. Over the past two years, staff has explored, analyzed and refined this idea. In 1990, the CRA made the decision to commission a market assessment of the downtown. The Request for Proposal process which resulted in the selection of Hunter Interests Inc. of Annapolis, Maryland, was accomplished in a public manner with input from interested downtown groups. In November, 1990, the Downtown Market Assessment was completed. This impartial study concluded a mixed use project of 200,000 to 250,000 square feet would be successful in the downtown. The Market Assessment confirmed earlier demographic information. In January, 1991, staff began to assemble land in and around the Annex property already owned by the City. The objective was straightforward; to secure more regular boundaries and to have access to Court Street. The land parcel was expanded from approximately 15 to 20 acres. With the acquisition of the remaining parcels, which will form a corridor to Court Street, land holdings will reach 25 acres. The RFQ was widely disseminated to interested development groups. In essence, the RFQ sought to gauge developer-investor interest in undertaking a downtown project. The City's goals and objectives were clearly stated in the document in order to not mislead potential respondents. The RFQ made it clear that whatever project might ultimately be brought forward would have to be market-driven since the City had no interest in providing a subsidy. No project details were requested in the RFQ. Two reputable and viable development entities responded to the RFQ - Downtown Clearwater Associates, a joint venture group, made up of Lincoln Property Company of Dallas, Texas, Stuart S. Golding Company and Lee Arnold & Associates, both of Clearwater, and MAS Properties of Columbus, Ohio. Staff recommends that both organizations be invited to present a detailed narrative with appropriate supporting documentation describing the particular characteristics of their respective projects and the relationship to the City's development goals. The presentations should include the "theme" or style of development, unique features, prospective tenant types, a pre-leasing/marketin strategy with time-frames and a ground lease format or land disposition agreement. A statement of the design and construction sequence for the project components and the time period within which each stage would be initiated and completed should also be required. The presentation will give the City a wealth of information including an insight into each developer's market research, program development, and conceptual planning required to identify a specific project opportunity. The developer's financing plan will reflect these research elements. The developer presentations are simply another step in the downtown redevelopment process that has been underway over the past several years. In response to questions, it was stated the Commission is not expected to make a commitment after the presentations. Neither would they be required to negate any other alternatives. It was requested that something in writing from the developers be given to the Commission prior to the presentations. A request was also made that information regarding why there were only two RFQs submitted after over 80 expressed an interest be provided. Appoint 2 Clearwater residents as trustees of The Clearwater Fire Supplemental Pension Plan in accordance with Sec. 175.061 of the Florida Statutes (FD-1) The Clearwater Fire Supplemental Pension Plan is the recipient of monies obtained by the State of Florida from insurance companies doing business within the community. These monies are required to be administered by a Board of Trustees whose composition must consist of: two legal residents of the City appointed by the Commission; two City firefighters elected by the firefighters; and a fifth member chosen by a majority of the other four members and submitted to the Commission for appointment. The Board of Trustees is solely responsible for administration of the trust fund. The two previous City Commission appointees were both instrumental in Board proceedings,; however, they are no longer able to serve due either to no longer being a Clearwater resident or health considerations, and have so advised the Board of Trustees. Mr. Mike Ahrens and Mr. Nick G. Stucker have indicated they are willing to serve as the City Commission appointees. Both individuals are City residents. Mr. Ahrens possesses a management background and Mr. Stucker is a local businessman with an insurance background. Other Clearwater residents willing to serve may be considered for these appointments. In response to questions, it was stated the candidates were recruited by Firefighters and the Fire Board. Their purpose is to decide how to use and invest the supplemental plan monies. A concern was raised regarding whether the Commission wanted to take a position regarding changing the revenue source for this fund. It was indicated that there were several revenue issues that would be addressed during the special session, and a letter regarding all of them including this one would be sent to the legislature. Annual contract for purchase of saddle tees, casing end seals and plastic casing insulators to Phillips Engineering Co., Clearwater FL, for the period 6/5/92-6/4/93, at an estimated $31,108 (GAS) This bid represents Clearwater Gas System's estimated annual requirement for saddle tees, casing and seals and plastic casing insulators to be ordered as needed. These materials are needed to construct new gas mains. Seven bids were solicited and three vendors responded. After careful evaluation, the Gas Superintendent recommends awarding this contract to Phillips Engineering Company of Clearwater, FL., the only vendor to bid on all items. Perfection bid on only two items, and their delivery time was two to three weeks longer. Dresser Manufacturing Division bid only three items in the bid group called "punch valve saddle tees." Phillips bid the lowest most responsive overall bid on the other two items for saddle tees. In response to questions, it was stated Phillips handles products made by Dresser as they are a distributor. Bids are sent to manufacturers for factory direct prices; some don't carry the items or don't want to bid because they are out-of-state. Amendment to Agreement with the Clearwater Shuffleboard Club regarding the City conveying a cash grant of $12,500 and an interest free loan of $7,500 to the club to be used for replacing canopies over the outdoor shuffleboard courts (PR) By an agreement in 1987, the Shuffleboard Club constructed a roof over 13 shuffleboard courts at a cost of about $30,000. The City contributed $5,000 in cash and an interest free loan of $12,500. The Club contributed the remaining dollars. In 1989, the agreement was amended to allow the Club to close in the 13 courts by installing sliding windows, etc. This project had a cost of about $20,000 with the City contributing an additional $5,000 cash grant and interest free loan of $10,000. The Club paid the remainder. Under the subject recommendation, and in accord with Mr. Vince Crawford's letter, the Club now wishes to replace the metal canopies that cover the ends of the outside courts. Staff has inspected these canopies and agree that they are beyond repair and need to be replaced. The Club has received an estimate of $26,000 to accomplish the work and is requesting that the City contribute a $12,500 grant to the Club and an additional loan of $7,500 to be paid back interest free. The Club will pay the remaining $6,000 cash. The Club asks that the $20,000 from the City be conveyed directly to the Club so that the Club can have the canopies installed prior to the International Tournament which will be held at the Club in late September, 1992. In response to questions, the Parks and Recreation Director stated the current loans are being paid off and, if the additional loan is approved, it would extend the loan period to 1999. The Club is requesting cash in order to allow them to deal with their contractor rather than going through the City. Item - Midnight Basketball League (PR) The City Manager requested an item be placed on the agenda regarding institution of a Midnight Basketball League on an experimental basis. He stated they would play from 10 p.m. to 2 a.m., and about six workers would need to be hired. It was stated the program has been tried and tested in other parts of the country; and it is believed to be beneficial. Parks and Recreation and the Police Department concur with the idea. In response to questions, it was stated an agenda item would be brought forward for an estimated $2,000 budget amendment and additional positions. The program would be held at Martin Luther King Center and would be open to all residents. It was stated if problems occur or there isn't enough participation, the program would be shut down. Consensus was to add an item authorizing the expenditure to establish a midnight basketball league at Martin Luther King Rec Center during the Summer months. Agreement with Dimmitt Chevrolet, Inc., Larry Dimmitt Cadillac, Inc., and Richard R. Dimmitt relating to new road construction and street vacations (proposed Third Avenue South Agreement)(PW-5) On September 17, 1987, the City of Clearwater entered into an agreement with Lawrence H. Dimmitt, III and Dimmitt Chevrolet, Inc. The agreement stated that Dimmitt Chevrolet, Inc., would construct a two-lane road for Third Avenue South between U.S. 19 and Chautauqua Avenue (formerly Main Street), at such time as a determination would be made by the City of Clearwater that the improvement would be needed. City's Engineering staff has been working with Dimmitt's engineers to accomplish this project. The Florida Department of Transportation (FDOT) now intends to construct an overpass and limited interchange at U.S. 19 and Third Avenue South. During the course of this matter, the Dimmitt representatives offered a proposed redesign of the immediate neighborhood involving not only the original roadwork but a new street layout in the area. To accomplish the new plan, a new configuration of streets involving dedications and vacations is necessary. The configurations will benefit the public and the agreement is necessary to effect the plan. In response to questions, it was stated Dimmitt has purchased more land and wants some roadways closed and others built. They will connect to service roads, not directly to 19. The proposed change of Fourth Avenue will only be going through a wooded area. Concern was expressed regarding intersecting Third Avenue at U.S. 19, and it was stated when the property is developed, Third Avenue will be built. The widening of U.S. 19 was reviewed, and at some point an overpass will be constructed over Third Avenue, which will be an east/west connector along with McCormick and First, all connecting to Chattauqua. It was stated there will be less roads, less responsibility, and it will better serve the adjacent property owners. In response to a question, it was stated if the vacation is not approved, Dimmitt will still owe the Third Avenue improvement. First Reading Ord. #5200-92 - amendments to Chapter 99 of the Code to add protection from discrimination to persons with disabilities and families with minor children in the area of housing (PLD-11) These amendments will bring the local code into compliance with the 1988 Federal Fair Housing Amendments Act, the 1990 Americans With Disabilities Act and the 1991 Civil Rights Act. The proposed amendment establishes an administrative enforcement mechanism, provides more stringent penalties than the present code, expands coverage to include families with children and broadens the protection for handicapped/disabled persons. Some more important provisions of the proposed amendment are: bars discrimination in the sale or rental of housing on the basis of familial status and expands coverage for handicap/disability and requires new covered multifamily dwellings to be designed and constructed to meet specific adaptability and accessibility standards; bars discrimination in the sale or rental of housing because there are children in the household, but exempts housing for older persons under narrow criteria; provides the Community Relations Board with the authority and ability to initiate complaints; gives an aggrieved person one year after an alleged discriminatory housing practice in which to file a complaint with the Clearwater Office of Community Relations, and two years to file a complaint in the appropriate state court; requires the Clearwater Office of Community Relations (OCR) to complete a fair housing investigation and conciliation efforts within 100 days after the filing of the complaint, unless it is impracticable to do so. The OCR can also seek preliminary or temporary relief including temporary restraining orders where such actions are necessary to carry out the purpose of the ordinance; gives the CRB expanded enforcement authority adding the protected class of familial status for handling of complaints of housing discrimination in the sale or rental of housing; and provides the elements necessary for US Department of Housing and Urban Development (HUD) to reach a favorable determination that the ordinance is "substantially equivalent" to the 1988 Federal Fair Housing Amendments Act in its rights and remedies. If the OCR investigates a complaint and finds reasonable cause to believe a violation has occurred, all parties have the option to elect the hearing forum, i.e., the choice of a proceeding before an Administrative Hearing Official with an appeal to an appropriate state court or a trial before the circuit court. If the administrative hearing is elected and discriminatory conduct is found, the hearing official is authorized to issue a recommended order for relief as may be appropriate. The CRB will then issue a final order. If a civil action in circuit court is elected, the complainant's rights will be represented by the City Attorney. In these cases, the relief that may be granted includes permanent or temporary injunction, restraining order or other relief including monetary damages and civil penalties. In 1981, Chapter 99 of the code was determined by HUD to be "substantially equivalent" to the 1968 Federal Fair Housing Law as relates to housing discrimination. The local enforcement arm, OCR, is "grandfathered" under the 1988 Federal law until September 12, 1992 only for the coverage contained in the 1968 Federal law. If the City ordinance is not amended and re-certified by HUD before September 12, 1992, the City status will discontinue as a certified enforcement agency and all Federal funds provided for this program will cease. It should be noted the Florida Fair Housing Law was amended effective October 1, 1989, to mirror the 1988 Federal law. This ordinance amendment provides no greater scope or coverage than does the 1988 Federal law or the 1989 state law. In response to questions, it was stated the purpose is to protect individuals with children 18 and under. Landlords can still have occupancy standards limiting the number of persons in an apartment. The law does not conflict with our building code. Sally Ruby, Community Relations Manager, stated the amendments are modeled after federal, state, and county laws. It will enable the City to receive a funding contract from HUD (Housing and Urban Development) worth $60,000. The City is currently grandfathered, but we need to comply by September 12 of this year. Proposed amendment to Chapter 146 regarding flood protection, redefining the time limit of cumulative total for definition of substantial improvement (PLD-12) A change is being proposed to add a five year time limit to the definition of "Substantial Improvement" to conform with the revisions of State Statute 161.54. During the last legislative session the State of Florida passed a bill specifying a five year time limit for determining the cumulative cost of improvement in determining what constitutes substantial improvement., Substantial improvement occurs when the cost of proposed improvements to a structure exceed 50% for the structures market value. A structure which has reached substantial improvement must be brought into compliance with all other parts of Chapter 146, City Code of Ordinances, including raising the lowest habitable residential floor above base flood elevation. This proposed change would use a five year period for all applicable construction costs to determine when the substantial improvement limit is reached. The value of the structure at the time of the permit request is used as the baseline for determining substantial improvement. The proposed time period would include all permits issued in the 5 years prior to the current permit request. The proposed change will provide equal treatment of structures located in all areas of special flood hazard areas within the City as defined by federal rule in 44 C.F.D. 59.2 (Federal Emergency Management Act rules, regulations and flood maps). The City Manager stated the significant changes are that it tracks state law for barrier islands, but extends the time limit for Island Estates and the bay coast. It was stated there may be a problem if different standards are applied to different areas. The definition of "market value" was requested. VERBAL REPORTS Clearwater Festivals request for additional funding for July 4th Celebration (CM-1) Clearwater Festivals, a non-profit organization of community volunteers, produced last years two day 4th of July "Celebrate America Event" in Coachman Park. Prior to last year, the 4th of July activities amounted to entertainment from 6:00-9:15 p.m. on the 4th with a small fireworks show. Last year the event covered two days with 16 hours of entertainment, games, information booths, patriotic salutes, food booths by many area restaurants and the largest fireworks in Clearwater's history. The City received many complimentary letters and phone calls thanking all for the very special 4th of July celebration. Last year the fireworks show cost $15,000 and the rest of the event cost another $19,000 for a total of $34,000. The City's contribution towards the fireworks show as $4,620. The remainder of the money for the additional fireworks and the money for the balance of the event was raised through sponsor dollars, vendor fees and concessions. They have already received the $4,620 from the City that was approved and budgeted for this years fireworks. They would like to request an additional amount of $2,810 for the 1992 fireworks and to have another $2,570 placed into the 92-93 budget. This would bring the cities contribution to $7,430 for 1992 and $10,000 for 1993. These amounts will be matched with sponsor raised dollars to give public/private funding ratio of 50/50 % for the fireworks portion of the event and an overall ratio of 27/73% for the entire event by 1993, based on a $37,000 budget. It was stated the funding has been the same for the past 13 years. Consensus was to provide increased funding. OTHER COMMISSION ACTION Commissioner Regulski expressed concern regarding zoning maps not being up to date, in particular the zoning of Cooper's Point. He also questioned why updates had not been received for the Code. It was stated the recodifying process includes clarifying inconsistencies and redundancies and they found additional errors. He questioned action on the MPO resolution regarding Safety Harbor and Oldsmar's request that they have representation. In order to allow them voting membership, an additional County Commission member would be needed to obtain the requirement of the County Commission holding a third of the seats. Consensus was to not support the change at this time and that a resolution be prepared. Mayor Garvey questioned if the Commission wished to adopt a resolution in opposition to the proposed change to the County Charter that would have County Ordinances take precedence over City ordinances. Consensus was to add the resolution to Thursday's agenda. Commissioner Berfield questioned what action the CC would be taking regarding the Maas Brothers property at Thursday night's meeting. She was concerned that action would be taken on the recommendation and she will not be present. Consensus was that no decision would be made regarding the recommendation; they would just accept the report and regain ownership of the property. It was also the consensus that the Art Center make a presentation to the Commission at its 6/15/92 Work session. Mayor Garvey announced the FLC meeting to be held 8/20-22/92. Questions arose re canceling 8/20 meeting. She questioned how the City Manger would respond to a letter from Fred Thomas re outside/side walk cafes. He indicated the code allows these on private property. The meeting adjourned at 12:35 p.m.