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04/17/2006 CITY COUNCIL WORKSESSION MINUTES CITY OF CLEARWATER April 17, 2006 Present: Frank Hibbard Mayor Carlen Petersen Vice-Mayor Hoyt P. Hamilton Councilmember William C. Jonson Councilmember John Doran Councilmember Also present: William B. Horne II City Manager Garry Brumback Assistant City Manager Rod Irwin Assistant City Manager Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Patricia O. Sullivan Board Reporter The Mayor called the meeting to order at 1:30 p.m. at City Hall. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. Presentations Service Awards Five service awards were presented to City employees. Luke Semple, Marine & Aviation, was presented the April 2006 Employee of the Month Award. The City Council recessed to meet as the Pension Trustees from 1:40 to 1:41 p.m. Economic Development and Housing Adopt Resolution 06-25 approving the City of Clearwater - State Housing Initiatives Partnership (SHIP) Program Local Housing Assistance Plan covering State Fiscal Years 2006-2009. The City receives an annual allocation from the State of Florida through the Florida Housing Finance Corporation under the State Housing Initiatives Partnership (SHIP) Program. For FY (Fiscal Year) 2006/07, the City is estimated to receive a SHIP allocation of approximately $1,041,268. This figure could increase depending on if the State Legislature provides full funding to the State and Local Housing Trust Fund during this year's legislative session. The City expends SHIP funds as per the strategies outlined in our Local Housing Assistance Plan (LHAP). The City’s current LHAP covers fiscal years 2003-2006. Some of the activities that SHIP funds are used for include: down payment assistance, rehabilitation, and new construction, just to name a few. This new LHAP covers fiscal years FY 2006/07, 2007/08 Council Work Session 2006-04-17 1 & 2008/09, and basically is a continuation of the City’s current LHAP, but staff has added two new strategies - a “Rental Deposit – Eviction Protection” strategy and a “Disaster Mitigation” strategy. The City’s Neighborhood and Affordable Housing Advisory Board recommended approval of this plan on April 11, 2006. The Florida Housing Finance Corporation has done a cursory review of the draft plan and stated that it met all of the program requirements. The FY 2006-09 LHAP is statutorily due to the Florida Housing Finance Corporation by May 2, 2006. In response to questions, Assistant Director of Housing Howie Carroll reviewed legislative efforts to release additional Sadowski trust funds. At currently proposed levels, funds appropriated to the City will cover approximately 20 down payment assists and 20 rehabilitations annually. He anticipated local needs for assistance will increase and expressed concern that increasing homeowners insurance rates is creating a pending crisis. The Jack Russell Stadium site possibly could be used for land trusts, a concept being reviewed by staff. Current guidelines assure that rehabilitation funds do not reward blatant Code violators. Library Amendment and Assignment of Operator's Agreement for the Main Library Café from Raven of Tampa Bay, Inc., to The Bookworm Café, LLC, for a period of three years with one option to renew for three years and authorize the appropriate officials to execute same. The current owners of the Café operation at the Main Library wish to assign their Operator's Agreement with the City to a new vendor. Amendments to the Agreement were made due mainly to lower than expected library traffic which resulted in lower than expected sales: 1) The hours of operation have been decreased to 9:00 a.m. to 7:00 p.m. Monday through Thursday and 9:00 a.m. to 5:00 p.m. Friday and Saturday. Hours previously were 9:00 a.m. to 9:00 p.m.; 2) Section 4(d), which previously allowed the City to review the vendor's price list, has been omitted in its entirety; 3) The base rent has been lowered from $1,000 to $400 per month, which is more realistic given the actual traffic; 4) The percentage of rent has been lowered from 10% to a graduated plan of 2% of monthly gross revenues from $3,000 to $4,000; 4% of amounts over $4,000 to $5,000; 5% of amounts over $5,000 up to $75,000; and 6% of amounts over $75,000; 5) If the City takes the property for municipal purpose, the City shall reimburse Bookworm Café up to $5,000 of its verifiable cost for existing inventory. Library Director Barbara Pickell said staff will evaluate its ability to review the vendor’s menu and prices. The operator is a local resident, with significant experience in similar businesses. Assistant City Manager Garry Brumback said issuing a RFP (Request for Proposals) would have required the café to close. Parks and Recreation Award a contract for landscape and irrigation for a portion of SR 60 (the east entrance to the Memorial Causeway Bridge and 770 feet west of the Memorial Causeway Bridge) to Smith Landscaping Services, Inc. of Clearwater, Florida, in the amount of $552,481.05, which includes Council Work Session 2006-04-17 2 base bid, and a 10% contingency and authorize the appropriate officials to execute same. (Consent) On March 3, 2006, the City Council approved a Streetscape Maintenance Memorandum of Agreement with FDOT (Florida Department of Transportation), District Seven, for the improvements of SR 60 from the east entrance to the Memorial Causeway Bridge and 770 feet west of the Memorial Causeway Bridge. FDOT, District Seven, has allocated funds for landscape improvements in conjunction with the construction of the Memorial Causeway Bridge. This contract with Smith Landscaping Services, Inc. is for the installation of an irrigation system and landscaping for the Memorial Bridge area. Work will include grading, planting trees, planting of landscape material, planting annuals, and installation of an irrigation system. Work will commence upon award and execution of the contract and will be completed by August 2006. Parks & Recreation Director Kevin Dunbar said the vendor had requested a 90-day extension. The Mayor reported that the FDOT Secretary did not know why the City’s request to install planters on the Memorial Causeway Bridge had been denied. FDOT and City staffs will discuss this issue and report. Award a contract to renovate The Long Center Pool (bid 06-0014-PR) to Aquamarine Swimming Pool Company, Clearwater, Florida for $324,600 which includes Alternate 1 and 10% contingency and authorize the appropriate officials to execute same. On August 21, 2003, the City Commission approved a five-year agreement from October 1, 2003 – September 30, 2008, with five, five-year renewable options, between the City of Clearwater and the Pinellas Community Center Inc., for the management and maintenance of the Long Center. At that time, the City also inherited a one million dollar Penny for Pinellas funded CIP project for the partial renovation of the Long Center, which included development of a new entry and registration area, construction of a new fitness and cardiovascular space, classroom space, improvements to the gymnasium space, companion restrooms, new office space and general upgrade of the common areas at the Center. In FY 2005/06, the City Council approved a project to provide further funding from Penny for Pinellas to repair and renovate the Olympic pool and therapeutic pool area. Much of the infrastructure surrounding the operation of the pool, which includes pumps and filters, have either been repaired or replaced, however, the pool has never been re-marcited and is in great need of marciting. In order to do this, the pool will need to be drained and closed from May 1 to October 31, 2006. All aquatics programs, including the Clearwater Aquatics Team, will be moved to other City pools during construction. Also, while the pool is closed, cleaning and painting of the structural steel and roof above the pool will be done by another contractor. This contract includes the construction needed to marcite the pool, repair and replace broken tiles and drains and grout in selected areas and other miscellaneous pool related issues. New deck material and upgrade to the lighting will be done by others. The base bid of $323,400 includes a 10% contingency. Staff is recommending that Alternate 1, which provides for an improved type of marcite material, be accepted for an Council Work Session 2006-04-17 3 additional $1,200 for a total contract price of $324,600. No additional operating cost will be needed for this maintenance project. In response to questions, Mr. Dunbar said contingencies are returned to projects if not used for extraordinary circumstances. He anticipated the pool resurfacing would last about 10 years. Engineering Approve the Cooperative Funding Agreement with the Southwest Florida Water Management District (SWFWMD) for the Clearwater Reclaimed Water Meter Retrofit Project which provides reimbursement of project costs up to $825,000 of the total estimated project cost of $1,650,000 and that the appropriate officials be authorized to execute same. This item is a continuation of the development of an expanded reclaimed water system in the City of Clearwater. The goal of this and all other reclaimed water projects is to reduce the amount of potable water and groundwater being used for irrigation and other non-potable uses. In addition, expansion of the Reclaimed Water Distribution System in accordance with Reclaimed Water Master Plan brings the City of Clearwater closer to achieving zero-discharge of effluent to Tampa Bay and adjacent surface waters.· This project consists of retrofitting approximately 3,300 existing City of Clearwater reclaimed water customers with individual meters. This retrofitting is intended to promote and encourage the efficient use of reclaimed water, increase the availability of reclaimed water and enable future reclaimed water projects that will offset potable water use. The work is to be completed by December 31, 2007, as per the agreement but it is the intent of the City to complete the majority of the work prior to October 1, 2006, when the volume based rate structure for reclaimed water customers goes into effect. The Cooperative Funding Agreement between the City and SWFWMD includes reimbursement of up to 50% of the cost of any necessary design, and/or purchase costs for the Meter Retrofit up to a maximum of $825,000. The City’s estimated share of these project costs is $825,000. Revenue budget for this agreement has already been approved in the Capital Improvement Program project, 0315- 96739, Reclaimed Water. There is no cost to the City associated with the SWFWMD Agreement. In response to questions, Public Utilities Assistant Director Todd Petrie said permits to release water into Tampa Bay will not change. The quality of the discharged water is better than that in the bay. Mr. Petrie said expanding the system to more residents will increase usage. Engineering Manager Robert Fahey said SWFWMD is mandating the use of meters. Mr. Brumback said the City already sells reclaimed water to Pinellas County but changing the conveyance system to transfer differing amounts would be expensive. The Council previously approved the new rate structure. Residents are being advised of changes through normal channels, such as Sunshine Lines, media outlets, etc. Approve the applicant's request to vacate a portion of Osceola Avenue lying adjacent to Lots 4 through 11 of Jennie Cate subdivision, (a.k.a. 400 Jones Street), a portion of an alleyway, three drainage and utility easements and a public ingress-egress easement, all more particularly Council Work Session 2006-04-17 4 described in Ordinance 7613-05, and pass Ordinance 7613-06 on first reading subject to conditions, (VAC2005-12 Island View Properties, LLC; Harrison Village Properties, LLC; Triangle Land S.A., LLC; and Georgia Street Properties, LLC). The applicant proposes to consolidate approximately 4.97 acres of property into two developments, a 279 unit condominium to be known as Island View and a retail/residential building proposed to house 45 residential units and 30,000 square-feet of non-residential floor area. The applicant has agreed to deed to the City of Clearwater the right-of-way needed to construct a new Osceola Avenue segment from Georgia Street south to Jones Street in alignment with the existing intersection of Osceola Avenue on the north side of Georgia Street. Several conditions of approval are proposed as part of the vacation ordinance to protect the City of Clearwater and private utility interests in this street portion. Accordingly, the vacation ordinance will not become effective until; 1) Unencumbered title to the new right-of-way is deeded to the City, 2) The new right-of-way for Osceola Avenue is improved adequately to accommodate emergency vehicles, 3) All utilities in the portion of Osceola Avenue to be vacated shall be relocated to the satisfaction of the owners of the utilities and at the sole expense of the applicant, and 4) Within 30 days of adoption of the ordinance, the applicant shall provide to the City of Clearwater a performance bond of an amount not less than $1 million to pay for the cost to make the final improvements to complete the newly deeded portion of Osceola Avenue within two years of the date of adoption of this ordinance. If the applicant does not meet all conditions required to effectuate the ordinance within 180 days, the ordinance will be rendered null and void. Verizon, Knology, Clearwater Gas and Progress Energy have facilities present in the right-of-way portion to be vacated and have no objection provided that the applicant bears all relocation costs for their facilities. Bright House Networks has no objections to the vacation request. Public Works Administration has no objections to the vacation request provided that the proposed conditions of approval are adopted. In response to a question, Engineering Manager Scott Rice said the agreement only impacts roads and will improve the street’s alignment. Bonds will be available to complete the project if the development does not go forward. Award a contract to Gibbs and Register, Inc. of Winter Garden, Florida for the construction of the Cleveland Street Streetscape project, in the amount of $11,275,561.88, which is the lowest responsive bid received in accordance with the plans and specifications, and approve Change Order 1 deducting $2,325,456.09 for a new contract total of $8,950,105.79. Two contractors purchased plans and specifications for the project and both submitted bids. Gibbs and Register was the low bidder for the base bid which required maintaining one lane of traffic in each direction on Cleveland Street. This bid amount was $11,275,561.88. David Nelson Construction, Inc. was the low bidder for the alternate bid, which allowed complete closure of Cleveland Street. This bid amount was $10,609,462.55. However, the minimal savings associated with the alternate bid do not offset the impacts of a total road closure. Council Work Session 2006-04-17 5 Both the base and alternate bids significantly exceeded the available project budget. Meetings were held with each bidder to identify potential cost reductions. These reduction items were accumulated and provided to both bidders for pricing. Gibbs and Register’s price for the base bid with reductions is $8,950,105.79 and is within the project budget. As such, staff recommends awarding the contract to Gibbs and Register. The cost reduction items include: eliminate improvements in Station Square Park (note that this park will be used for construction staging for the Station Square condominium development for two years and would not be available to the contractor during the duration of the streetscape project) and a reduction in quantities of various site amenities which were considered not to have a significant adverse impact on the streetscape theme. Potential funding sources to complete the items removed from this contract have been identified. These include future Community Redevelopment Agency revenues and funding from the Florida Department of Transportation for resurfacing of S.R. 60. Construction will start following award of contract, shop drawing review and mobilization and be complete within 18 months. Concern was expressed that the City does not have mechanism to recover costs if material prices do not increase as anticipated and bid. Planning Approve amendments to the Community Development Code increasing parking requirements for residential infill in HDR Zone and allowing sandwich board signs during public construction projects and pass Ordinance 7630-06 on first reading. The amendments present a change in current policy or a new policy issue and are outlined: 1) Parking Requirements - This ordinance increases the Residential Infill Project minimum parking space requirement for residential dwellings from one space to two spaces per unit in the HDR Zoning District; 2) Sign Requirements - This ordinance proposes an amendment to the exception for the prohibition of sandwich board signs. The amendment permits sandwich board signs during public construction projects. The Community Development Board recommended approval of the proposed amendment at its regularly scheduled meeting on April 18, 2006. In response to a question, Planning Director Michael Delk said the Planning Department will work with Public Works to determine construction boundaries. In response to a question regarding how the signage will help, the City Manager said beach businesses had requested that the City Council consider this request. Discussion ensued regarding permitted locations for the signs. Other Council Action School Mentoring The Mayor reported he is working with the YMCA to pioneer a healthy communities initiative and a process is underway for companies to adopt schools. An associated mentoring Council Work Session 2006-04-17 6 program is being developed. It was suggested that the City also reach out to the faith-based community and have a staff member help initiate a school-mentoring program. The City Manager said when the Mayor brings back information regarding the YWCA’s collaboration, staff will determine how the City fits into the plan. Adjourn The meeting adjourned at 3:31 p.m. Council Work Session 2006-04-17 7