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07/29/1996 CITY COMMISSION WORK SESSION CITY OF CLEARWATER July 29, 1996 Present: Rita Garvey Mayor/Commissioner J. B. Johnson Vice-Mayor/Commissioner Robert Clark Commissioner Ed Hooper Commissioner Karen Seel Commissioner (departed at 3:50 p.m.) Elizabeth M. Deptula City Manager Kathy S. Rice Deputy City Manager Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Patricia O. Sullivan Board Reporter The meeting was called to order at 9:00 a.m. at City Hall. Service Awards - None. The Commission recessed from 9:01 to 9:02 a.m. to meet as the Pension Trustees and recessed from 9:02 to 9:22 a.m. to meet in attorney/client session regarding Painter versus the City of Clearwater. PRESENTATIONS Information Collection Rule - Charlotte Smith The City Manager said the City must comply with the federally mandated ICR (Information Collection Rule). She introduced City consultant Charlotte Smith, President of CS&A (Charlotte Smith & Associates, Inc.), and indicated Ms. Smith is also the consultant to Pinellas County regarding this rule. Ms. Smith said the EPA (Environmental Protection Agency) rule affects all cities with populations above 100,000. Molecules containing TOC (Total Organic Carbon) are present in all surface water and groundwater in Florida. The byproduct of disinfecting TOCs with chlorine is a DBP (disinfection by-product). DBPs are believed to cause cancer at certain levels. Regulations are in place to contain DBPs and lower TOC levels. Currently, EPA cannot set a maximum level for disinfectant residual in distribution systems until a benchmark is established. Data collection obtained by this rule will be used to develop enhanced surface water treatment rules and Phase II disinfectant by-product regulations. The City will collect TOC and DBP data. Some drinking water utilities will perform pilot projects. Basic requirements include: 1) initial TOC monitoring; 2) TOC, microbial & DBP monitoring; and 3) bench or pilot studies. On May 31, 1996, the EPA mailed each utility a letter describing wholesale and retail flows and population. They will send a letter of applicability and a list of sample parameters and locations. The EPA is developing the sampling plan: Step 1) check the sampling schematic; 2) determine which parameters need to be tested; 3) determine distribution locations; 4) determine sampling locations and sampling taps; 5) determine who will collect samples; 6) determine who will analyze samples; 7) collect process data on forms; 8) determine who will enter data into ICR software; 9) obtain software training; and 10) troubleshoot the plan. Afterwards, EPA will approve the sampling plan, the utility will start monitoring, and forward data to the EPA on disks. Bench or pilot studies will be triggered by TOCs. The ICR schedule runs through 2000 and includes 1) promulgation; 2) response to notification; 3) TOC analyses; 4) creation of sampling plan; 5) approval of sampling plan; 6) ICR monitoring; 7) data submission; 8) treatment studies; and 9) submission of treatment report in mid-year 2000. Monitoring is scheduled to begin in early 1997 with bench and pilot studies in mid-1997. She estimated the ICR will cost the City between $82,000 and $890,000. The City Manager noted Ms. Smith will help write the EPA rules and will be in the forefront of rule development. In response to a question, Ms. Smith estimated startup costs at $50,000 with treatment studies in the $100,000 range. She indicated no grants are available to help pay for this project. Concern was expressed bench pilot studies will not correct the problem. Ms. Smith said this study will determine what steps must be taken. The City Manager estimated the treatment plan eventually will cost millions of dollars. Concern was expressed companies selling bottled water are not required to participate in this study. The City Manager said staff will be coming back for approvals as needed. She indicated the cost of water will increase significantly. The Commission recessed from 10:52 to 11:05 a.m. FN FINANCE Approve settlement of insurance policy claim of City vs. American Centennial Insurance Company by said company buying back its policy for $50,000, through use of document entitled Commutation and Policy Release, with the funds being returned to the Clearwater Gas System The City has owned the property at 400 N Myrtle Avenue since approximately 1929 where a manufactured gas plant was located until 1960. On August 13, 1982, American Centennial Insurance Company or one of its affiliates issued policy #CC005846, Broad Form Comprehensive General Liability, including spill cleanup expense, where sudden and accidental. American Centennial incurred no obligation to pay a claim unless and until the limits of all other applicable insurance policies were paid and fully exhausted. FDEP (Florida Department of Environmental Protection) has identified the City as a potentially responsible party for the Site and has alleged that certain substances released into the environment at the site in connection with the manufactured gas plant have caused environmental property damage. The City has employed Orlando law firm, Akerman, Senterfitt & Eidson, P.A., to represent the City regarding FDEP and EPA allegations. The law firm also reviewed several old City insurance policies and made a claim on behalf of the City against American Centennial Insurance Company and other insurance companies that had written liability insurance policies. The law firm's negotiations with American Centennial have resulted in a proposed settlement to the City of $50,000 and a release from further liability under the insurance policy. It was questioned if this policy would have covered additional areas of liability in the future. Risk Management Specialist Jon Marcin said the insurer is in receivership and offered to buy out the policy for $50,000. He was not aware of any other liabilities this policy would address as it is an exclusion policy. American Centennial is interested in closing out their books. In answer to a question, Mr. Marcin did not know the cost of the premium. It was stated the State would cover the policy if the insurer is in receivership. The cost of legal fees was questioned. Mr. Marcin said $63,000 of the $65,000 approved in September 1995 had been spent. He indicated cleanup costs have not been determined. The State will determine what needs to be done. Other policies do not exclude environmental damage and should cover the cleanup. The City Attorney said it may not be that simple. The firm did the studies for the City. Estimated costs cover the whole project. Concern was expressed the settlement states it must be confidential. The City Attorney indicated the insurance company understands all City business is subject to public records' law. MR. MARINE White Papers on Marina Building Lease Agreements The City Manager referred to White Papers on the four Marina Building Lease Agreements that will expire on September 30, 1996, and requested policy direction regarding the proposed requirement for employees of Marina tenants to park in the Civic Center lot. The City also proposes to require the restaurant to make major renovations. Harbormaster Bill Held said tenants are required to pay all taxes and insurance and provide parking. He recommended all new leases include CPI (Consumer Price Index) increases every January 1. In reference to the restaurant, Mr. Held said other tenants have made major renovations to their space. The restaurant has not. He said the expiration of that lease provides the City the opportunity to require some major improvements. The City Manager said staff has determined a restaurant is a desirable asset for the Marina. If the current tenant does not want to negotiate terms for the lease, she recommended issuing a RFP (Request for Proposals). Concern was expressed the percentage of increases for the four proposed leases differs dramatically. Mr. Held indicated the Coast Guard space is similar to a closet. Regarding the other space, he said a Marina Rental Rate Survey and Retail/Office Survey conducted by Urban Economics, Inc., indicate an upward trend in rates. He said a survey by Measure Masters indicates the square footage listed in old leases is incorrect. Staff is recommending a 44% increase in the restaurant's rate plus renovations. If the restaurant is willing to renovate their facilities, Mr. Held recommended considering a lease longer than 5 years. In answer to a question, he said the rate will be adjusted if the restaurant does not continue to use several small rooms. Consensus was for staff to start discussion with the four tenants and come back with their proposals. Regarding the beauty salon, it was questioned if the current lease charges market rate. Mr. Held said the survey indicated the current charge is in line with area rentals but an upward trend is occurring. Concern was expressed the proposed increase is 28%. It was hoped incremental CPI increases will stop future dramatic increases. It was felt the City is telling the restaurant they are not wanted with this proposal for higher rates. Mr. Held indicated the restaurant has been a good tenant and has not had a rate increase for 5 years. It was noted no CPI is proposed for the Coast Guard. Mr. Held said the Coast Guard is a Federal Agency and requires a 5-year fixed rate. They will pay $11.50 a square foot. Staff will bring the leases back to the City Commission for approval. PW PUBLIC WORKS Contract for 3/4” #57 Aggregate to Florida Crushed Stone Company, Leesburg, FL, for the period 10/01/96 -09/30/99, for an estimated annual cost of $16,905 or $50,715 for 3 years, plus delivery charge of $5.25 per ton for 10/01/96 -09/30/97, at an estimated cost of $11,025 (estimated total $61,740) The Public Works Department has an annual requirement for approximately 2,100 tons of 3/4" #57 Aggregate used in making cement. Florida Crushed Stone submitted the lowest price per ton for a 3-year period. Including a delivery charge, this bid was lowest. Due to the fluctuation of fuel costs, Florida Crushed Stone could not commit to the delivery charge for more than 1 year. The delivery of the aggregate will be resubmitted for bid for the following years. In answer to a question, the City Manager said costs were separated for future bidding. The City can contract with another delivery carrier after one year if Florida Crushed Stone's delivery charge becomes unreasonable. SW SOLID WASTE (Cont'd from 07/18/96) First Reading Ord. #6059-96 - abolishing permitting of private hauling companies to provide roll-off service in Clearwater; establishing Clearwater Solid Waste Department as roll-off service provider effective 10/01/96; amending schedule of fees, rates & charges to provide Sec. XXIX for Solid Waste Dept. rates; establishing rates for roll-off service in Clearwater Previously, Clearwater has not provided roll-off service. The City's practice was to accept applications from private hauling companies and issue permits authorizing them to provide roll-off service in Clearwater provided they paid a 15% surcharge on the total amount billed. The City Commission previously directed CSW (Clearwater Solid Waste Department) to operate as a business and seek customers. In January, CSW recommended and the City Commission approved providing roll-off service in the City and purchasing two roll-off trucks. CSW has notified private hauling companies holding City permits that the permits will expire on September 30, 1996, and no new permits will be issued. CSW received the first 2 roll-off trucks and will need 2 more to service all containers. The 2 additional trucks and drivers are included in the FY (fiscal year) 1996/97 budget recommendation. An Interlocal Agreement was approved with St. Petersburg and Largo for mutual support of solid waste operations. The agreement will provide roll-off back-up support and debris clearance during emergencies. The Interlocal Agreement is being presented to the City Commission for approval. The proposed ordinance abolishes the permitting procedure for private hauling companies to provide roll-off service, establishes procedures for CSW to provide roll-off service, amends Appendix A, Schedule of Fees, Rates and Charges of the Code of Ordinances to establish charges for roll-off services in Clearwater, and creates section XXIX as a separate section for solid waste system rates. In answer to a question, Solid Waste Director Bob Brumback said it is difficult to determine how profitable roll-off services are for the cities of St. Petersburg and Largo due to their accounting methods. He estimated St. Petersburg's roll-off income is approximately $2-million. He said he used a conservative estimate regarding the number of pulls a truck can do in a day. He felt the City can meet market demand, noting St. Petersburg and Largo will provide back up. He said the City can rent equipment if necessary. The trucks are paid for in 5 years and have a life expectancy of at least 7 years. This service will not require additional supervisors or administration expenses. He reported the City Commission directed him to proceed in this area in Fall 1995. Concern was expressed the City Commission had not directed staff to do away with competition. Mr. Brumback said the plan presented to the City Commission in February 1996, proposed to take over all roll-off services in Clearwater. He said private companies do not have the right to compete for the solid waste stream which belongs to the City's unified utility. Up to this point, the City had allowed their participation with one-year permits. Mr. Brumback said the City needs revenue from the entire solid waste system to keep rates down for Clearwater's citizens. In response to a question, Mr. Brumback said if the City Commission does not approve this item, the City could compete against private companies or sell the trucks. It was questioned why RFPs were not distributed for roll-off service. Mr. Brumback said a popular concept is that private industry can provide services at a lower rate than the government. He said a previous City Commission had directed staff to bid for the City's recycling business. Based on high productivity standards, the City won the bid. He noted recycling is State mandated and is not a cost effective program. As roll-off services produce high revenues, he questioned why the City would want allow others to receive City profits. It was suggested the City should strive to provide its users with the lowest possible price. Mr. Brumback said that would be the case if the City provides this service. He indicated his proposal assumes no growth on revenues and a 4% increase in expenditures. TR TOURISM Recommended rejection of both RFP proposals to operate the Beach Welcome Center and terminate current month to month agreement with the Greater Clearwater Chamber of Commerce for operation of Beach Welcome Center in the Memorial Civic Center The Greater Clearwater Chamber of Commerce has operated the Beach Welcome Center since 1978 with an agreement to pay the City $1 per year for use of the City-owned space. On May 31, 1996, the Welcome Center lease agreement with the Greater Clearwater Chamber of Commerce expired and the City Commission directed staff to issue a RFP (Request for Proposals) for management proposals. Pending the outcome of the RFP, the City Commission agreed to continue the current level of service on a month-to-month basis, paying the Chamber $2,675 per month beginning June 1, 1996. On June 25, 1996, the City received proposals from the Greater Clearwater Chamber of Commerce and the Clearwater Beach Chamber of Commerce. Based on a system of rating points, the RFP review committee assessed the proposals and determined them to be unacceptable. According to the Greater Clearwater Chamber of Commerce's proposal, the cost of visitors' services to the City would range from $35,000 for basic services to $99,500 per year for added services and increased hours of operation. This proposal did not include revenue generating services that could reduce the City's costs. The proposal increased the City's cost of basic services from no cost to $35,000 annually. The Clearwater Beach Chamber of Commerce proposal provided no financial background data as requested. This chamber has no visitors' center experience. According to the proposal, visitors' services would be provided at no cost to the City as long as the visitors' center includes main office space for chamber business. Staff attempted to negotiate with both chambers for a joint proposal to operate the center but was unsuccessful. Staff recommends the City provide brochure racks and visitors' information on an interactive kiosk in the Marina and Memorial Civic Center lobby pending development of a new visitors' center facility as part of the Beach Redevelopment plan. Deputy City Manager Kathy Rice indicated C-View TV broadcasts daily programming each morning on activities available on the beach. She said staff will continue to work with both chambers of commerce. In response to a question, Tourism Director Jean Sherry estimated the kiosk will cost $7,500. She anticipated the cost to update the kiosk and brochure racks would be minimal. Ms. Rice estimated a new facility could be ready in two years. Ms. Sherry said hotel cards advertising C-View TV are almost finished. She indicated the chambers of commerce could continue to provide tourist services as part of their regular function. Ms. Rice noted staff opposition to the City paying for services previously provided by the chambers. She noted the Beach Chamber of Commerce wanted to use the Welcome Center for their chamber offices. She indicated the Police substation could be located in that space, lowering proposed renovation expenses for space in the break away room behind the Jolley Trolley offices. The City Manager said reopening the beach Welcome Center may depend on redevelopment decisions. Ms. Rice recommended revitalizing the look of the area and providing better services. Neither proposal includes such plans. Reports were requested regarding anticipated costs for the Police Department to: 1) relocate to the Welcome Center space; 2) relocate to the break away room space in the Civic Center; and 3) renovate the current substation. CP CENTRAL PERMITTING Public Hearing - modification of site plan condition #5 (to allow Wal-Mart to remain open 24 hours per day & 7 days per week) related to CPD Zoning approved on 12/19/91 for property located at 23106 US 19N, Loehmann’s Plaza Replat, Lots 1-3, Loehmann’s Plaza, Lot 1, subject to conditions (Wal-Mart Stores, Inc. / David B. Taheri, TRE (Taheri Family Trust) / Kinko’s of Georgia, Inc. / Brandon Nu-West Clearwater, Ltd., Z96-08) On December 3, 1991, the Planning & Zoning Board considered a request at a public hearing to amend the Zoning Atlas from Commercial Center to Commercial Planned Development and reviewed a Master Site Plan. The board recommended endorsement of the request to the City Commission subject to 13 conditions. On December 5, 1991, the City Commission unanimously approved the request subject to the 13 conditions and passed Ordinance #5145-96 on First Reading. Conditions of approval have been met except for the trees and shrubs that died last winter. According to the Environmental Department, the applicant has replaced some of the plants. The Planned Development Site Plan Condition #5 states hours of operation shall be from 9:00 a.m. until 9:00 p.m., seven days a week, except extended hours of operation of 7:00 a.m. until 11:00 p.m. may be permitted for special events for up to 10 days per calendar year (Wal-Mart only). The applicant now proposes to operate the store 24 hours per day, seven days a week to meet the needs and preferences of customers who work days and prefer to shop before work or late evenings when stores are not crowded. The subject property has apartment complexes to the North and South and single family residential properties to the West across a 234-foot wide Florida Power right-of-way easement. Similar facilities such as Albertson's, Kash-N'-Karry, and commercial facilities such as Kinko's Copy Center and the International House of Pancakes operate 24 hours a day. The Police Department has indicated area police activity is consistent with the property's use. Residential neighborhoods are far from the subject property. The parking lots will be more active with the new hours of operation, reducing the likelihood of "after-hour" criminal activities. On July 16, 1996, the Planning & Zoning Board unanimously approved the request to delete Condition #5 and to add conditions: 1) dumpster service shall be prohibited between 9:00 p.m. and 9:00 a.m.; 2) landscaping shall be maintained continuously, especially along the site's West side; 3) all site lighting shall be equipped with a 90 degree cut-off mechanism, with the light being directed downward and away from the adjoining residential properties and street rights-of-way prior to issuance of the requisite occupational license; and 4) there shall be no refrigerated or other vehicles that must be parked in a running condition West of the Wal-Mart building's East wall between 9:00 p.m. and 9:00 a.m. Central Permitting Director said the Planning & Zoning Board recommended the conditions to address concerns expressed by those who oppose this change. Concern was expressed Wal-Mart has not complied with conditions in the original agreement. Mr. Shuford said the landscaping has been reinstalled. He agreed the store has not complied with the hours of operation. Concern was expressed Wal-Mart is not complying with pick up and delivery restrictions. In response to a question, Mr. Shuford said site plan conditions normally are not approved on a short term basis. The City Attorney agreed that type of action would be very unusual. Variance(s) to Sign Regulations for property (Clearwater Professional Center) located at 600 Bypass Dr., Sec. 18-29-16, M&B 41.08 (Romark Investments, Inc. / Fred Arnold, Inc., SV96-15) This property between Gulf-to-Bay Boulevard and Druid Road is on the West side of Bypass Drive and is zoned General Office. The applicant requests a 34-square foot area variance from the permitted 56 square feet to allow a total of 90 square feet of attached sign area. Each of the two current attached signs has an area of 45-square feet. The variance request is for these signs to remain. It was requested that staff report on how long these signs have been out of compliance and if it would be appropriate to petition to change the street's name. Mobile Home Park Policy Document Staff has completed a study of MHPs (mobile home parks) within the City's jurisdiction and planning area. The report inventories the 40 separate MHPs, examines the potential conversion factors, and proposes specific policies. Main findings are: 1) conversion of any of the MHPs in the City's Planning Area depends on the ownership pattern (i.e., conversions are less likely if the park is a co-op or if homeowners own their own lots); 2) the condition of homes and the park; 3) and surrounding zoning designations. Three sites currently are under conversion. Staff recommends adopting a Commission policy that references the MHP Policy document, establishing it as the mechanism to direct staff actions regarding mobile homes. Mr. Shuford said when conversions started, staff began to develop a policy to identify potential conversions and to direct staff regarding handling conversion requests. Central Permitting Manager Sandy Glatthorn indicated staff is requesting City Commission direction regarding City policy for future conversions. In reference to proposed Policy 2.1, it was questioned why the City must determine that adequate MHPs or other suitable facilities exist for the relocation of mobile home owners. Ms. Glatthorn indicated State law requires the City to make that determination. The City Manager said the City makes the determination based on information provided by the MHP owner. In response to a question, Mr. Shuford said mobile homes provide a small percentage to the City's affordable housing needs. He indicated the number of parks has remained fairly consistent during the past decade. It was noted conversions are difficult for MHPs located away from commercial zoning. In answer to a question, Ms. Glatthorn said previous conversions were permitted for MHPs similar to Lakeside. Mr. Shuford said research indicates poorly maintained MHPs are more likely candidates for conversion. The policy's authority was questioned. Mr. Shuford said the policy would provide staff with concrete orders to discuss with potential applicants. It was felt this policy provides a message to MHP residents that the City Commission is not trying to get rid of MHP parks. Ms. Glatthorn said staff worked with the Federation of MHP Owners regarding the proposed policies. Consensus was to prepare the document for adoption. Clearwater Beach Community Redevelopment District The City Commission recently received a report evaluating redevelopment potential of the "South Mandalay" area of Clearwater beach. The consultant projected a number of specific benefits of redevelopment. The Commission directed staff to prepare supplementary information regarding the establishment of a CRA (Community Redevelopment Agency) district on Clearwater beach. CRA steps for approval: 1) consultant determines need; 2) CRA composition determined; 3) CRA area determined; 4) CRA sunset date determined; 5) contact Pinellas County; 6) prepare CRA plan; 7) CRA plan approved; and 8) RFPs prepared for projects listed in plan. The City would expect a consultant preparing the determination of need for a CRA to address: 1) traffic circulation inadequacies, including pedestrian access; 2) age and functional obsolescence of tourist-related buildings; 3) off-/on-street parking inadequacies; 4) land assembly issues; 5) incompatibility with code requirements; 6) public safety; and 7) other issues identified by the consultant. If warranted by determination of need, the CRA plan would require public input, financial forecasting, and a determination of public/private partnerships. The City Manager reported she has called the Pinellas County Administrator regarding this issue but has not talked with him yet. In response to a question, the City Manager said the entire beach will be inventoried in the study to determine the best size and location of the CRA. In answer to a question, Mr. Shuford said the two eliminated "fingers" are Single-Family Residential. He estimated the study will cost in the $10,000 to $20,000 range. Concern was expressed the General Fund would lose substantial tax revenues if the City Commission determines a CRA is warranted. The City Manager said the City Commission must make decisions before that determination. It was questioned how the City can proceed with the Mandalay Streetscaping project, estimated to cost almost $1-million, while the CRA study is in process. The City Manager suggested Penny for Pinellas funding could be used. She said approval of this item would only direct staff to go forward with the study. Mr. Shuford recommended the study include a financial forecasting component. A report of the real estate value of the proposed CRA district was requested. Information regarding Pinellas County's reaction to establishing a CRA on the beach with TIF (Tax Increment Financing) was requested before the City Commission agrees to hire a consultant. The City Manager indicated the study will not go forward if the County opposes formation of a beach CRA. She anticipated the study would be completed by January 1, 1997. Beach resident input was recommended. The City Manager noted a CRA will not increase beach taxes. Mr. Shuford noted some residents have expressed concern with the requirement to identify CRA districts as an area of slum and blight. Consensus was to direct staff to prepare an agenda item authorizing a RFP for a consultant to determine the necessity of redevelopment on Clearwater beach. Receipt/Referral - LDCA permitting Noncommercial Parking in Single Family Residential Districts as a conditional use (LDCA 96-12) The City currently does not permit noncommercial parking (free parking associated with an adjoining nonresidential use) in Single-Family Residential zoning districts. Some permitting delays for additions to institutional uses such as churches and hospitals and limited redevelopment options for constrained commercial properties such as the FINA Station on Gulf- to-Bay Boulevard have resulted. Pinellas County permits noncommercial parking in all residential zoning districts. Clearwater has limited this use to Multiple-Family Residential zoning districts. Recent examples where land use plan or zoning changes were necessary to accommodate parking expansion for institutional uses: 1) Clearwater Community Hospital; 2) Hellenic Orthodox Traditional Church of America; and 3) Mt. Zion United Methodist Church. As proposed, noncommercial parking would be allowed by conditional use permit only. The Planning & Zoning Board would be charged with ensuring compatibility standards and site design requirements would be met on a case-by-case basis. Mr. Shuford indicated the City had to amend zoning for Clearwater Community Hospital to use property the hospital had acquired on Druid Road for parking expansion. A conditional use provision restricts institutional parking on residential streets. In response to a question regarding the FINA station, Mr. Shuford said redevelopment of that property required rezoning and land use amendments. This adjustment would allow an option to redevelop constrained property and permit parking on Single-Family Residential land. Currently, the property owner must request rezoning to Multiple-Family Residential before requesting conditional use approval. Requests will be viewed case-by-case. Approval will be based on compatibility. He noted "commercial parking" collects fees. RV Parking at Harborview Center - Rules Review The City Commission requested staff review RV parking rules for the Harborview Center regarding their impact on community appearance issues. In his July 18, 1996, memorandum, Barry Straffaci, Harborview Center General Manager, said the rules are difficult to evaluate as only 9 RVs have parked at the Center under these rules. He recommended reviewing the RV parking rules in 18 months. Consensus of the City Commission was to extend the study for an additional 18 months. Review of Downtown Parking Fees Staff is required to review regularly Downtown parking fees which developers pay in lieu of providing parking and compare fee levels with market conditions. Current fees of $4,500 per space appear sufficient for general cost recovery should the City provide parking under the fee program. Under the program, fees are "banked" for eventual construction of public parking in at-grade lots and parking garages. To date, no developers have utilized this fee. Staff recommends maintaining the current fee schedule. In response to a question, Ms. Rice noted concern regarding the CRA (Community Redevelopment Agency) subsidy for Checkers' parking at the Garden Street garage. CM ADMINISTRATION City Hall Renovations On January 7, 1993, the City entered into a contractual arrangement with Rowe Architects to provide certain renovations and code updates to the 25,000 square foot City Hall which was constructed in 1964. On June 20, 1994, the contract was amended. On August 24, 1994, the City entered into a contractual arrangement with general contractor, Creative/Beers. The City Commission approved a $500,000 construction budget, less landscaping and irrigation work. The scope of architectural fees was part of overall contract funding for construction of the Municipal Services Building, Police Department Headquarters, and new Parking Garage. Expended funds total $55,258: 1) schematic design - $12,064; 2) design development - $14,406; 3) construction documents - $27,088; 4) bidding/ negotiation phase - $1,700; and 5) construction/administration phase - $0. Creative/Beers has received bids Creative/Beers has received bids that will be expended and the approximate amount of work that will be accomplished for the budgeted $500,000. During the programming phase, certain areas and items were omitted or not properly analyzed. Costs cannot be determined until specific direction is given to the architect. The $500,000 budget will provide a minimal level of construction renovations. Changes to the existing scope of work will incur additional architectural fees. Acting Assistant City Manager Bill Baird reported the need to add three work stations to the scope of work. The cost, and that of the architectural work, should be covered by the $500,000. Additional construction costs will result from required abatement procedures where construction tasks encounter asbestos. Regarding the HVAC (Heating, Ventilation, and Air-Conditioning), the system's main components are in poor condition and have reached the end of their useful lives. The 22-year old, 45-ton chiller is not functioning as the compressors, condensing coil, and evaporator fans have failed. The 22-year old, 55-ton chiller has recurring maintenance problems with the condensing coil and refrigerant cycle. The 32-year old air handler's condensate pan is rusted and may not continue to be serviceable. Leaks in the chilled water distribution system have required re-piping. Repair and replacement of system parts frequently require the use of cranes. Replacing existing equipment will require auxiliary work, including removing and replacing the roof. New chillers will require adapting existing structural steel. The chilled and hot water piping and penthouse electrical wiring are 32-years old and need to be redone. The project will take an estimated 4-weeks. The air distribution system, installed during construction, contains major deficiencies but is operational. Replacement will require excessive interior demolition. Staff recommends replacing it soon. Estimated $487,000 non-funded cost: 1) HVAC $250,000 and 2) Associated Work/ Fees - $237,000. Regarding the telephones, the City has purchased all the telephones and remote fiber shelf required to add City Hall to the PBX in the Police Department. Additional truck lines from GTE to support City Hall may be required. The main GTE telephone centranet truck lines for City Hall are located in the old records storage shed at the north end of the parking lot. Original City Hall programming did not include the shed which is a high maintenance facility. A determination with GTE will be made if the telephone lines should be put in a weather proof exterior box or run into City Hall. If this is feasible, cost estimates will be submitted for relocating the phone lines and demolishing the shed. Funding cost - $94,538.04. Regarding fiber optics, the installation of fiber from the Municipal Services Building to City Hall has been funded and is substantially complete. Costs include: 1) 12 ct. fiber optic cable - $15,557.90; 2) a 4-inch conduit from the main conduit system and a 2-inch EMT conduit - $69,945.50; 3) a 12 ct. (6-active, 6-dark) single mode fiber optic cable - $14,462; and 4) Telecommunications and data line cabling inside the building was not coordinated with the architect. The cost is estimated at $50,000. It is believed the outlet cost was programmed in the Basic Cost developed by Rowe Architects and will be verified prior to commencement of construction work. Cabling funded cost - $99,985.40. Cabling Non-funded cost - $50,000. Regarding computers and network equipment, the City has purchased the PCs but not the network equipment (servers, routers, network software, Microsoft suite). Total funded - $162,494.12: 1) 65 computers purchased - $65,793 and 2) network equipment - $96,701.12. Regarding Community Outreach, staff had requested a consultant to design a scope of work for video and audio upgrades in the Commission Chambers. The City's architect was not aware of the consultant's work and did not consider it during the programming phase. Some additional cost may be involved in the architect's electrical and HVAC plans, plus architectural fees. After the City Commission/staff select the equipment that fulfills City needs, the exact cost can be determined. Estimates will be based on the quality and type of equipment selected. Non-funded costs for video and audio range from $182,800 to $254,500 plus costs for electrical, HVAC, architect, etc. Funded costs to date subtotal $929,645.56: 1) basic code/minor renovations - $500,000; 2) architect fees - $72,628; 3) contractor fees - none invoiced; 4) telephones - $94,538.04; 5) fiber optics from Municipal Services Building - $99,985.40; 6) computers - $65,793; 7) network equipment - $96,701.12; and 7) engineering/consultants/etc. - not determined. Nonfunded costs subtotal $719,800: 1) HVAC system - $250,000; 2) HVAC auxiliary work - $237,000; 3) demolition of shed - not determined; 4) relocation of main telephone distribution feed - not determined; 5) interior data/telecommunications cabling - $50,000; 6) video - $146,000 - $210,000; 7) audio - $36,800 - $44,500; 8) associated construction/architectural fees - not determined; 9) landscaping - not determined; and 10) irrigation - not determined. Staff feels the $500,000 allotted for renovation will not add to the facility's life expectancy but will bring the City Hall into Life Safety Code conformity plus some minor renovations. Expending funds in the "non-funded" areas will make the operational aspects significantly better. The HVAC equipment upgrade is the most important expenditure to increase the life expectancy of the structure. Mr. Baird said bids were $59,000 over budget. The $500,000 budget covers a minimal level of construction to bring the building into compliance with safety codes. The cost of dealing with asbestos is hard to estimate. He reported the duct work in the building has never been cleaned and needs to be addressed. The shed is infested with carpenter ants. Mr. Baird estimated it would cost $2,700 to demolish the shed and $4,500 to renovate it. The shed will not be needed when the Police Department is completed. He reported the installation of fiber optics was not coordinated with Rowe Architects and the cabling is not funded. Mr. Baird noted the contractor's fees are not included in the $500,000 budget. Staff is researching the consultant fees from January 1993 to January 1994, as several projects are included. He estimated costs for landscaping and irrigation will be minimal. This project is not design/build. The City Manager noted the expenses addressed do not address the building's plumbing or electrical needs. The $500,000 does not upgrade the Commission Chamber, replace the cameras or chairs, or upgrade the room's technology. The City Manager said the stair tower will not be attractive. Mr. Baird said an exit from the Commission Chambers is required. An 8-foot hallway to the north wall will link with a bridge onto a 3-story fire escape. The Fire Marshall had indicated an internal stairwell will have to exit directly outside. The City Manager noted a fire tower would not be necessary if the Chambers is moved to the first floor. In answer to a question, Mr. Baird said he did not have an appraisal of City Hall. It was questioned if the City wants to keep the building, noting minimum repairs are estimated to cost more than 3-million. Mr. Baird said buildings have a general life cycle of 20 to 30 years. Dean Rowe, of Rowe Architects, indicated the Commission Chambers has 2,100-square feet. The City Manager said additional space is needed for rest rooms, etc. She estimated the facility would need 4,000 square feet. She noted part of Rowe's original recommendation was to move the Chambers off the top floor. Mr. Rowe estimated a separate building could be constructed for $500,000. He said the Economic Development area on the first floor would be large enough but expressed concern regarding potential problems with structural columns. Removing 2 columns would require the installation of 3 to 4 foot deep trusses. He suggested the dais could be oriented at the south end of the room. He estimated the firetower will cost $115,000. In answer to a question, he reported the fiber optic cable between City Hall and the Police Department has been laid. The fiber optic cable from the Municipal Services Building rises to a closet. No funds have been allocated to distribute the cable. The Work Session recessed from 12:33 to 2:29 p.m. At 1:00 p.m., the City Commission met at the Municipal Services Building to dedicate the building. The City Manager said the budgeted $500,000 will buy basic code requirements. She suggested the City Commission also consider upgrades to C-View's cameras and audio system. She said the current audio and video quality is probably acceptable and upgrades could be delayed. The City Manager strongly recommended repairing the building's air-conditioning. She noted City Hall employees would be uncomfortable as air-conditioning work would result in one month without a HVAC system. It was questioned why replacement of the HVAC was not considered in February 1993 when the conditions' study was done. Mr. Baird said the report addressed the HVAC systems in the City Hall Annex and City Hall. No decision was reached regarding either system. The $720,000 HVAC estimate included upgraded electrical work and gutting the building for the system. He said drawings would have to be modified and new electrical requirements investigated. It was suggested the HVAC replacement should be done as a separate project. In response to a question, Mr. Baird said certain repairs require a 6-week delay for parts. He estimated repairing the 45-ton chiller would cost $28,000. Maintenance averages $10,000 per year. He said he was comfortable with the $470,000 estimate as long as the City Commission understands that figure does not include duct or electrical work. Mr. Rowe said if the City replaces the ducts, they would have to meet new Ashray requirements for increased tonnage and fresh air replacement. He indicated all asbestos in City Hall is non-friable and can be encapsulated. Replacing duct work would require staff to move out of the building. The long term consequences of not replacing the ducts were questioned. Mr. Rowe said a sick building could happen as the ducts have not been cleaned in the past 32 years. Mr. Baird said a new system would have one year warranties with five-year warranties on major components. It was questioned if staff had considered gas air-conditioning. Mr. Baird agreed improvements in gas efficiency have occurred. He expressed concern the plumbing for the HVAC system also has gone bad and may require some structural reinforcement. It was recommended a report on an air-conditioning maintenance contract and the issuance of an RFP to replace the system would provide the City Commission with information needed to reach a decision. The City Manager said a bid would be required to determine a firm cost. Building and Maintenance Superintendent Jim Wood noted the auxiliary work required for HVAC replacement. He recommended replacing the entire system if the City plans to occupy City Hall for another 30 years. It was suggested to consider a 5-year life and expansion of the Municipal Services Building. Mr. Rowe estimated expansion of the Municipal Services Building would cost $65 a square foot plus the costs of cabling and C-View needs. The City Manager noted the parking garage will not accommodate another 100 cars. Mr. Rowe said his firm has recommended this choice all along. He said a 3rd level would have to be added to the parking garage. It was questioned if the City should provide minimal repairs to City Hall or upgrade it to make it a viable facility for another 30 years. In answer to a question, Mr. Rowe said the budgeted $500,000 was to meet minimal code requirements and do as much clean up and painting as possible. None of the money has been spent. He said option 2 will put the building in first class condition and upgrade the building's mechanical needs up to a 30-year life. Mr. Rowe said the building is sound although some settling has occurred. No additional settling is expected unless a heavy load is added to the third floor. It was noted taxpayers cannot be mislead regarding the costs of this project. It was noted the City Commission must make a decision regarding which costs are justified. Mr. Rowe said a building must be brought up to code when renovations exceed 50% of the building's value. The City Manager requested giving staff a month to reprogram the options. Funding for the project would have to be identified. She estimated costs will be between $1-million for basic expenses for air-conditioning and cabling to $3.3-million which would meet long term needs. The cost of upgrading the building to a first class condition was requested. The City Manager said some unprogrammed Penny for Pinellas funds could be used for the air-conditioning and cabling. A spread sheet outlining options and expenses and a summary of the costs of components of hard bid items were requested. It was suggested decisions on City Hall upgrades wait until closure is reached on other building projects. In answer to a question, Mr. Rowe suggested another use could be found for the current City Hall facility. The City Manager indicated some options, such as changing the handicap access could be removed. She said the City Commission could gamble on the building's HVAC system, noting parts take 6 weeks to order and up to 4 weeks to install. It was suggested the City do the best it can with available funds. Mr. Wood could not guarantee fixing the HVAC would last more than 5 years. He said the long term plan should be considered before work is begun. Mr. Baird said a basic scope to relocate Chambers downstairs will cost additional architectural fees. A City Manager identification of priorities was requested. The City Manager recommended spending $500,000 for code upgrades, $250,000 for basic air-conditioning requirements, and $50,000 for cabling. A $800,000 scope of work for City Hall renovations will be presented on Thursday. CLK CITY CLERK Commission Policies The City Clerk requested continuing this item to August 12, 1996. City Manager Verbal Reports Appoint voting delegate for Florida League of Cities Consensus was to prepare an agenda item for Thursday appointing Commissioner Seel as the City's voting delegate to the annual Florida League of Cities meeting. Commission Discussion Items Possible change in December 1996 and January 1997 meetings The City Clerk referred to the January 1997, calendar and noted the Monday prior to the first Thursday is December 30, 1996. She indicated January has 5 Thursdays. Consensus was to schedule City Commission meetings for January 9, 1997, and January 23, 1997, and work sessions for January 6, 1997, and January 20, 1997. Skateboarding/Roller Skating Ordinance Assistant City Attorney Rob Surette reported the City has received complaints that skateboarders do not yield to pedestrians on the street and damage property by jumping over curbs and benches at Station Square Park. He said the drafted ordinance was written to be very restrictive for discussion purposes. The proposed ordinance prohibits skateboarding downtown. An early draft prohibited all skaters but the problem seems to be with skateboarders, not skaters. Mr. Surette said an infrequently used State statute makes it unlawful to skate on public streets, except at crosswalks. He noted State provisions requiring bicyclists to notify pedestrians they are passing do not apply to skaters. The proposed ordinance requires skateboarders to yield to pedestrians and prohibits skateboards from the roadways. Mr. Surette noted some constitutional problems regarding a provision requiring parental supervision. He reported the ordinance exempts the Pinellas Trail. He reported skateboarders have cased $1,500 damage to the tile area at the Harborview Center. A provision that can be enforced by the Police makes it unlawful to skate where "no skating" is posted on public or private property. He recommended the City Commission at least allow the posting of properties in need of protection from these activities. Concern was expressed some skateboards show no respect for park facilities or pedestrians. In response to a question, Mr. Surette said motorized skateboards meet the definition of a motor vehicle and are illegal without a tag. The City Attorney indicated Peace Memorial Church originally raised the issue. It was noted the Parks & Recreation Board had suggested exemptions for special events and in-line skates, and had expressed concerns regarding outlawing skating on public streets throughout the City. In answer to a question, Mr. Surette said skating on public streets has not been a problem. Mr. Surette said the ordinance could address non-criminal behavior depending on which chapter of the code it is placed. He said the offense could be made arrestable if necessary. Concern was expressed citations issued to parents or guardians would permit their arrest but not the child's. It was suggested staff ask the Parks & Recreation Department for recommendations on a park where skateboarding could be done legally. Engineering Director Rich Baier said the posting of signs would be allowed City-wide and could be erected when problems are anticipated. It was noted the City Commission would decide if violating the ordinance would be a criminal action. Concern was expressed parents ignore a sign posted at an elementary school forbidding skateboarding and drop their children off to skateboard. The school has incurred substantial damage. Concern was expressed about liability issues and dangers inherent to skateboarding. It was suggested the ordinance address downtown only to start. It was felt the ability to post should be City-wide. The City Attorney said the Pinellas Trail can be excluded from the ordinance. It was noted merchants want Trail participants to leave the trail to shop. The City Attorney noted the ordinance would only prohibit skateboards from sidewalks. A map defining the DDB (Downtown Development Board) and CRA (Community Redevelopment Agency) areas of downtown will be brought to the next meeting. It was suggested the ordinance should treat those who ignore the law harshly. Mr. Surette said violators can be fined. If the ordinance is deemed criminal, those who refuse to comply will be arrested. The Police cannot arrest violators of non-criminal ordinances. It was suggested criminal penalties would force parental action. The majority of the City Commission directed placing the ordinance in the non-criminal section of City code. Other Commission Action Commissioner Clark requested a monthly update on the Pinellas Trail. Commissioner Johnson referred to staff recommendations for requirements for those who serve on City boards. The City Attorney said staff did not feel strict compliance with requirements is necessary. Staff will prepare an ordinance based on these recommendations. It was suggested staff send a list of the boards to City homeowner associations every 6 months. Commissioner Johnson congratulated Police Chief Klein for receiving two more grants. In answer to a question, the City Manager said she or the Deputy City Manager reviews all grant requests regarding future impacts. Commissioner Johnson noted the grant will cost the City money after it expires. Mayor Garvey noted the Supervisor of Election encourages elections be held on a common day. She requested future discussion regarding this issue and expressed concern City elections not conflict with presidential preference primaries in the future. She questioned if a question regarding property issues could be placed on the ballot without Charter Review. Mayor Garvey requested help regarding a gift to celebrate 50 years of Spring Training by the Phillies in Clearwater. She noted a suggestion for a picture album of Jack Russell stadium and requested those with old pictures to forward them. The City Manager suggested checking the Clearwater Sun morgue. Mayor Garvey said the Women's Equality Day Celebration, scheduled for August 24, 1996, is not a political event but a celebration of women's right to vote. She noted the organizers have requested to use the City Hall lobby for an ice cream social. A summary of the day's events will be presented. The City Attorney expressed concern a public forum not be created in the building's interior. Concern was expressed a precedent not be established. Adjourn The meeting adjourned at 3:56 p.m.