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09/03/1996 CITY COMMISSION WORK SESSION CITY OF CLEARWATER September 3, 1996 Present: Rita Garvey Mayor/Commissioner J. B. Johnson Vice-Mayor/Commissioner Robert Clark Commissioner Ed Hooper Commissioner Karen Seel Commissioner Elizabeth M. Deptula City Manager Kathy S. Rice Deputy City Manager Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk The meeting was called to order at 9:00 a.m. at City Hall. Service Awards A Retirement Award was presented to Systems Analyst/Programmer II Wayne Reid of Information Management. FN FINANCE Approve payment of $115,000 for wage loss benefits (including principal, penalties & interest) for the period 07/14/89 -09/05/96 to Elmer Richa, Claimant On September 27, 1983, former City firefighter Elmer Richa, claimant, sustained a work-related back injury for which he received a job-related disability pension. Prior to the Florida Supreme Court decision in Barragan v. City of Miami, 545 So. 2d 252 (1989), the City did not pay workers' compensation and pension benefits. Section 2.410 of the Clearwater City Code stated, "Except where an employee is receiving medical payments, no employee shall receive any pension provided under this division while such employee is receiving benefits from the workers' compensation act." The Barragan decision caused the City to change its position. The Barragan case holds that an employer may not offset workers' compensation payments against an employee's pension benefits unless the total of the two exceeds the employee's average monthly wage. In City of Miami v Burnett, 596 So. 2d 478 (1992), the District of Court of Appeal (First District of Florida) held that the Barragan case is retroactive to July 1, 1973. Prior to the Barragan case, the City's third party administrators stopped paying workers' compensation benefits upon City notice that a City employee had retired on a job-connected disability pension. As new claims are asserted for past due benefits, they are reviewed in light of the Barragan and Burnett decisions and other applicable court decisions. Where appropriate, benefits for both workers' compensation and pension are being paid for former City employees who had retired with job-connected disabilities. An April 1996, review of Mr. Richa's workers' compensation claim file, taken in-house by the City from the City's prior claims servicing agent, revealed the Claimant had not been paid wage loss benefits subsequent to the Barragan decision. Risk Management calculated the correct sum due the Claimant for back workers' compensation benefits, penalties, and interest is $115,000. Staff and the City's Claims committee recommend paying these benefits. It was recommended staff indicate the dates Section 2.410 of the Clearwater City Code was valid. In response to a question, Risk Management Specialist - Workers Compensation Jon Marcin said it is possible several similar cases remain outstanding. The law changed after the affected workers had retired. Establishing a time limit to qualify for additional benefits would require notification of all retirees. Potential claims are difficult to identify and each case needs separate review. Res. #96-58 - expressing City’s intention to be reimbursed from proceeds of tax-exempt financing for certain capital expenditures, extend contract awarded 09/07/95 to GE Capital Public Finance, Inc. for one year to provide a $3,988,800 line of credit to cover all planned lease purchase equipment acquisitions for FY 1996/97, and authorize all uncompleted equipment acquisitions previously approved for financing under current contract with GE Capital to be financed under extension of this agreement The City solicited proposals for lease purchase financing for FY (Fiscal Year) 1995/96. Respondents bid a percentage of the weekly average index for the 5-year Treasury Note as published by the Federal Reserve Board. The rate bid by GE (GE Capital Public Finance, Inc.) was 87.5% of the weekly average 5-year Treasury Note. The recent 5-year treasury average weekly rate was 6.52% which would result in a current borrowing rate of 5.705%. Staff is satisfied with the current contract and very satisfied with GE's performance. After contacting several lease purchasing providers, staff feels it is not in the City's best interest to solicit proposals now: 1) the City's current interest rate is as good as or better than the City would get if it went out this year and 2) the City would start establishing a multiple year contract record which could lower future borrowing costs. In last year's contract, the City added an option to renew the contract for one-year extensions with the mutual consent of both parties. GE indicated they want to renew the contract for one-year. Approval of this item does not represent a commitment to borrow. Resolution 96-58 allows the City to pay the vendors and to be reimbursed from GE Capital Public Finance. In response to a question, Cash & Investments Manager Steve Moskun said the return on City reserves is 5.7%. It was noted the City is borrowing at approximately the same rate. Finance Director Margie Simmons said the lease purchase plan allows the City to spread costs over the estimated life of the purchase. The City typically earns more than it receives on its cash pool. The 5.7% rate is not locked but is based on the weekly average index for the 5-year Treasury Note. There are no other attendant costs. HR HUMAN RESOURCES Premium Stabilization Fund and Employee Health Insurance to offset premium increase for employees with 2 or more dependents, for the period 01/01/97 -12/31/97 at a cost of $179,727.96 The City currently offers a two tiered health insurance option (employee and employee plus family). The City pays the cost for employee coverage and employees pay for family coverage. Effective January 1, 1997, the health insurance option will become three-tiered (employee; employee plus one dependent; employee plus two or more dependents). The change will reduce the cost for employees with one dependent but will increase the cost to employees with two or more dependents. Bi-weekly rates for employees with two or more dependents in the Prucare HMO will increase 35% from $95.06 to $128.24 and rates for those in the Prucare Plus plan will increase 31% from $128.88 to $169.29. In 1989, the City established a Premium Stabilization Fund to guard against future health care cost increases. On August 22, 1996, the Insurance Committee, represented by the four employee unions and SAMP personnel, recommended the City use a portion of the Premium Stabilization Fund to offset ½ the increased dependent insurance costs for employees with two or more dependents during calendar year 1997. Human Resources Director Mike Laursen said as of September 30, 1995, the fund had grown to $3,342,632. The City Manager said the fund would have had additional income since that date. It was questioned if employees would be taxed for the offset. Staff will report. Concern was expressed a portion of the $558,000 could be construed as belonging to staff. Mr. Laursen said staff had discussed that issue. The City Manager said the employee insurance committee had proposed this recommendation. The source of funds paid into the stabilization fund was questioned. The City Manager said the fund began with a refund from Travelers Insurance. Since then, every Department has made annual contributions. The fund is designed to offset significant increases in insurance costs. IA INTERNAL AUDIT Agreement with Black & Veatch for evaluation of Clearwater Gas System, not to exceed $43,900 The City Commission requested an outside firm, with appropriate experience in marketing and the Gas industry, evaluate the CGS (Clearwater Gas System) Strategic Plan and marketing process. The service will evaluate CGS's financial, operational (organizational structure and reporting relationships), marketing, and management efficiency and effectiveness. The three proposals received were evaluated by the selection committee: 1) Deputy City Manager Kathy Rice; 2) Assistant Parks & Recreation Director Art Kader; 3) Tourism Development Director Jean Sherry; 4) Accounting Manager Karen Miles; and Internal Audit Director Dan Katsiyiannis. The committee short-listed the firms based on experience and qualifications and heard oral presentations from R.W. Beck ($38,000) and Black & Veatch ($43,900). The committee determined Black & Veatch, working in conjunction with Barakat & Chamberlin, Inc., had more experience analyzing Gas marketing programs and in the Gas private sector. The committee unanimously determined that Black & Veatch had submitted the most responsive proposal. Black & Veatch's partnership with Barakat & Chamberlin, Inc. was questioned. Ms. Rice said it was difficult to attract firms who could review CGS's marketing and strategic plan. The City's contract is with Black & Veatch who will subcontract with Barakat & Chamberlin, Inc. The Internal Audit Department will provide Black & Veatch with needed information. IM INFORMATION MANAGEMENT Purchase satellite copy machines, services & related supplies (excluding paper) from Xerox Corp., Tampa, FL, for the period 11/01/96 -10/31/97, at an estimated $71,000 The City uses 61 satellite copy machines as a staff convenience for basic, low volume copy needs. The Graphic Communications Quick Copy Center handles high volume and complex jobs, including extensive collation, tabs, and binding. The City began using Xerox in November 1995, after an Information Management staff analysis predicted the City could save money by switching vendors. Actual savings of approximately $14,000 are in line with original projections and justification. Xerox reports most businesses slightly increase their annual use due to increased user knowledge regarding copier capabilities. This request reflects a 4.5% increase over FY 1995/96. Information Management staff is developing a billing process to provide each department with reports detailing usage and cost to enable monitoring use and reducing costs. Xerox prices include equipment, maintenance, training, and supplies, except for paper. All copiers are guaranteed to work at least 90% of the time. No area is without copy service for more than 24 hours. A four-hour response time is guaranteed. Xerox maintains on-site service logs and billing adjustments for unacceptable copies caused by machine malfunction. Bid specifications are valid November 1, 1995 - September 30, 1998, and are renewable annually during this period if funding is available with City Commission approval. In response to a question, Assistant Director of Information Management Laura Crook said copy costs range from $0.0097 to $0.0125 each. Most copies fall within the $0.0125 range. The agreement is piggybacked on the School Board's contract. Cost differences relate to different types of machines. Contract for system support & maintenance for PeopleSoft Payroll / Human Resources System to PeopleSoft, Inc., Walnut Creek, CA, for the period 11/06/96 -11/05/97, for $61,744 In November 1995, the City purchased the PeopleSoft Payroll and Human Resources System. This contract will provide periodic software enhancements, source code updates, and on-going telephone support for the Payroll/Human Resources system. PeopleSoft normally provides 1 or 2 major enhancements each year and numerous minor releases or "fixes." Maintenance costs are based on 17% of the City's system's current market price. Yearly maintenance costs will increase, but not more than 10% annually. As part of the support fee, PeopleSoft also assigns an account manager as the primary interface between the City and PeopleSoft. An on-line bulletin board also is included. Concern was expressed the City is paying PeopleSoft to fix their errors. Ms. Crook said the "fixes" adjust the software to meet City business practices. PD POLICE Amendment to agreement with School Board of Pinellas County providing for continuation of School Resource Officer program, for 1996/97 school year, at Clearwater & Countryside High Schools Under terms of the 3-year, September 13, 1994, agreement between the School Board and City, the City provides law enforcement and related services to Clearwater and Countryside High Schools during the regular school year. Assigned officers instruct law education, serve as resource persons, conduct investigations, provide security, maintain the peace, make arrests, and provide support services as necessary. This amendment increases the reimbursement to the City for the 1996/97 school year by 3%, from a base salary of $29,721.78 to $30,612.63 per SRO (School Resource Officer), for a total of $61,225.26. Payments are made quarterly. The School Board reimburses the City for overtime costs related to school functions. Actual costs for providing SROs at Clearwater and Countryside High Schools are approximately $78,907.96. The difference between the reimbursement and actual costs is offset by the program's benefit to the community and Police Department. In response to a question, Police Chief Sid Klein said the reimbursement covers salary and benefits. It was questioned if other cities contribute to the program as their residents also benefit from the program. Chief Klein said he is not aware of contributions from other municipalities. The size of the School Board's reimbursement is set. PR PARKS AND RECREATION Contract for Martin Luther King Recreation Center renovations to Grosz-Stamper Construction, Inc., Tampa, FL, for $69,700; approve additional funding of $14,351.78 at third quarter budget review During the developmental phase of the FY 1995/96 Capital Improvement Budget, North Greenwood Community members requested renovations to the lobby and main restroom areas of the Martin Luther King Recreation Center. Funding of $80,000 was included in the FY 1995/96 Capital Improvement Budget for this renovation project. Originally, funds were to cover professional and construction fees. During inspection, however, asbestos was found. The new $94,351.78 budget includes: 1) Grosz-Stamper Construction, Inc., contract - $69,700; 2) architect's professional services - $8,650; 3) asbestos inspection - $450; 4) asbestos removal - $6,900; 5) document reproduction - $123.10; and 6) contingency - $8,528.68. The contract replaces lobby/ hallway floor and wall tile, and installs new acoustical ceiling panels, a new control counter, new restroom fixtures, new toilet compartments, new tile in men's and women's restrooms, painting interior doors, and miscellaneous cosmetic improvements. A North Greenwood Community representative reviewed the plans and specifications, which have community support. It was noted this construction will begin to address long term needs at the Martin Luther King Recreation Center. It was suggested the City delay construction until after the Penny for Pinellas vote as this facility is scheduled for replacement under future Penny for Pinellas funding. Parks & Recreation Director Ream Wilson said the facility will not be replaced for at least 6 years. In response to a question, he indicated restrooms in the rear of the facility meet ADA (Americans with Disabilities Act) requirements. The subject restrooms do not have to meet ADA. It was stated the professional services and architecture fees are high. The City Manager said an architecture staff position has been budgeted. She recommended against delaying the project until the position is filled. It was questioned why the project's cost increased by $14,000 when the asbestos is estimated to cost $7,000 to address. Mr. Wilson said a contingency is budgeted to cover unforeseen costs. In response to a question, Mr. Wilson said Jack Russell Stadium has been upgraded and meets ADA. SW SOLID WASTE Contract for disposal of 9,000 tons of mixed loads of certain types of refuse, construction & demolition materials to Frontier Recycling, Inc., Largo, FL, for the period 09/06/96 -09/30/97, at an estimated $166,208; ratify issuance of emergency purchase order to Frontier for $24,592 on 08/08/96 as part of above contract The scope of materials bid in this contract consists of mixed loads of tree stumps, logs, wooden pallets, large branches, landscape materials, roofing materials, concrete, cinder blocks, and other construction and demolition materials. The City disposes of purtrescible materials at the Pinellas County Resource Recovery Plant for $37.50/ton and grass clippings and branches smaller than 3-inches in diameter for $15/ton. This material is ground into a mulch-type product and is available to citizens at no cost. Tree stumps, logs, wooden pallets, large branches, and mixed loads of roofing materials, concrete, cinder blocks, and other construction and demolition materials cost $37.50/ton for disposal. The City's "jaws" operation collects tree stumps and all branches left by residents at the curb. The "jaws" operation disposes an estimated 2,400 tons during approximately 650 annual trips to the disposal site with loads averaging 2/3 ton. The City will save $39,120 in annual dump fees by disposing of these materials for $21.20/ton. The Solid Waste Department also services businesses and contractors by collecting roofing materials, concrete, cinder blocks, and other construction/demolition materials through its roll-off operation. This operation disposes an estimated 6,600 tons during approximately 1,275 annual trips to the disposal site with loads averaging 5.25 tons. When considering dump fees, personal services, and garage services, it was determined awarding the contract to Frontier Recycling, Inc. will save more than $14,600. It was questioned if the City is still in the roll-off business. The City Manager said the City's roll-off business is in a limited mode while options are reviewed. Solid Waste Director Bob Brumback said staff is developing options to present to the City Commission. EN ENGINEERING 1996 Miscellaneous Construction Contract to Keystone Excavators, Inc., Oldsmar, FL, for $364,456.96 This contract will accomplish 5 small construction projects: 1) widen the portion of Cleveland Street that dead-ends on the West side of McMullen-Booth Road. The project will construct a 24-foot wide roadway with a turnaround at the West end. Stormwater treatment is accomplished at the Southwest corner of Cleveland Street and McMullen-Booth Road on City property purchased for this purpose; 2) construct a 26-space parking lot on Pinellas County School Board property North of the North Greenwood Library. The City leases this property for this purpose; 3) remove asphaltic concrete pavement between the curb line and right-of-way line adjacent to 880 Mandalay Condominium to permit new sidewalk construction, create open space pervious to stormwater, and to repave 9 metered parking spaces; 4) the Garden Avenue Sanitary Sewer Replacement; and 5) the Eldridge Street Sanitary Sewer Replacement. In response to a question, Engineering Director Rich Baier said the City had entered into an agreement with 880 Mandalay to maintain the green space. The City's right-of-way is paved. The 880 Mandalay complex requested permission to maintain the green space. In response to a question, Mr. Baier said upgrades to the North Greenwood Library Parking lot also will serve the School Board. He will report on the cost per space. A copy of the School Board lease was requested. It was questioned if the City usually pays to pave roads. Mr. Baier said funds were included in the CIP. Agreement with FDOT for funding for Edgewater Drive Shoreline Restoration project in the amount of $25,000 AND Approve $6,000 payment for additional services for final design & permitting of Edgewater Drive Restoration Project to Coastal Environmental, Inc., St. Petersburg, FL, bringing total expenditures to date to $50,000; authorize staff to commence process to advertise project for construction The March 1993, storm subjected the Edgewater Drive shoreline to significant loss of upland soils, exposing concrete rip rap and debris placed there over many years. The shoreline's present condition is visually displeasing, precludes any viable wetland for wildlife habitat and water quality treatment in Clearwater Harbor, and raises concern for public safety. In September 1994, the City Commission awarded a contract to Coastal Environmental Inc. to develop the project design and permit application. The proposed $6,000 payment will cover final design, construction plans and specifications, and to complete permitting and required authorizations. Since project initiation, staff has held 3 public meetings and Pinellas County has held 2 public hearings related to the Water and Navigation Control Authority permit. Public concerns include: 1) maintaining Clearwater Harbor vista; 2) recruiting mangroves diminishing the vista; 3) transients attracted to improved park; and 4) vehicular nuisance in the neighborhood and on Edgewater Drive right-of-way due to increased park use. A condition in the Pinellas County permit requires the City to trim mangroves that grow beyond 6-feet. Staff has offered to provide no parking signs in the neighborhood should they be needed. No parking in the right-of-way is enforced. The City Commission approved the project through the FY (fiscal year) 1997 Capital Improvement Program. On August 21, 1996, the EAB (Environmental Advisory Board) recommended approval of the project. Total construction costs for the project are estimated to be $400,000. The City requested and received approval for a $25,000 grant through the FDEP (Florida Department of Environmental Protection) Pollution Recovery Trust Fund to restore the Edgewater Drive shoreline between Sunset Point Road and Union Street. The agreement specifies the City will be reimbursed for work associated with removing asphalt debris, restacking clean concrete rubble, and planting native coastal wetland plants. Mr. Baier said staff has had three meetings with the community regarding this difficult project. Residents have expressed many concerns. Some are worried about replantings along the energy barrier where the City plans to remove the man-made objects. He reviewed a project overview, noting additional parking is not included. The current project is a scaled back version of last year's proposal. Environmental Programs Supervisor Terry Finch reviewed various alternatives for the project. Some options do not meet comprehensive plan goals. A great deal of material will be replaced with limestone. Openings in an off-shore sill will allow water flushing. A variety of habitats will result. The project's intention is to dissipate energy and reduce erosion. Existing rip-rap is a safety concern. She proposed to replace it with an intertidal marsh which will provide a habitat for birds, fish, and invertebrates. No upland enhancements are planned. She presented a rendition of the final product and said views will not be blocked. In response to a question, she said waterfront property along Edgewater Drive in Dunedin is privately owned. Mr. Baier said staff has responded to objections by several property owners. Mr. Finch said recruited mangroves may cause future view obstruction but the County's added condition requires trimming mangroves taller than 6-feet. Mr. Baier said residents also had expressed concern the project would attract vagrants, crime, and additional traffic. It was questioned why the original contract with Coastal Environmental had not included these services. Ms. Finch said this type of project is difficult to bid. The project is taking longer and is more difficult than estimated. Mr. Baier said these services are required to meet FDEP changes. It was suggested the consultant should have recognized the risk and be held responsible for these expenses. Mr. Baier said Coastal Environmental has to rework part of the proposal due to a change in the project's original scope. It was recommended staff research additional funding sources. CM ADMINISTRATION Budget - 1996-97 Budget Director Tina Wilson said the FY (fiscal year) 1996/97 budget will be reviewed at Thursday's meeting. She said the City has received additional revenues from the State. She reported the Long Center will request additional funds. An increase of .4 FTE will meet new school crossing guard needs. Additional funding is included for increased support of social services, three-fourths of a grant writer position, and maintenance of St. Petersburg Junior College sport fields. She said $75,000 budgeted for 3rd quarter pool aquatic center expenses can be moved to the next year. The sports fields may require less than 12 months of maintenance this year. The budget includes revenues to fund the Development Director position and items discussed by the City Commission. The City Manager said money for the Long Center, crossing guards, grant writer, and three-fourths of a support position for the new Assistant City Manager position are included. Ms. Wilson said the budget includes an increase of 3.4 FTE. Third Quarter Budget - 1995-96 The report is based on nine months of activity in FY (fiscal year) 1995/96 from October 1995, through June 1996. At 3rd quarter, anticipated General Fund revenues exceed anticipated General Fund expenditures by $16,585. A $164,740 transfer to the Capital Improvement Fund to raze the "Annex" and Stone Buick Body Shop is needed. The excess revenue, along with $148,155 transferred from unappropriated retained earnings, will fund this project. Anticipated revenues from Court Fines are reduced by $150,000. Third quarter amendments include $107,540 for Ervin's All American Youth Club and $75,000 for the Clearwater beach aquatics park and pool. Amendments to the Gas Fund reflect the return of Gas Fund revenues lent to the Capital Improvement Fund for Pinellas and Pasco expansion based on the issuance of related Gas Bonds. Budget amendments for the Harborview Center include grant revenues from the CVB (Convention and Visitor's Bureau) and a reduction in operating revenues from Clearwater's on the Bluff, Pickles Plus, and other rental and catering revenues, for a net decrease in operating revenues of $83,400. The loan from the consolidated cash pool is increased by $108,900 at third quarter. With program savings, the Water & Sewer Fund purchased office equipment, the Solid Waste Fund purchased some capital equipment, and the Marine Department purchased a laptop computer for presentations. No budget amendments are proposed for the Stormwater Utility, Recycling, Parking, or Pier 60 funds. The increase in anticipated revenues in the Internal Services Funds is found in the Garage Fund due to increased revenues from the sale of surplus vehicles. Internal Service Fund Revenues and Expenditures reflect a $59,819 appropriation to the Capital Improvement Fund for the design and installation of a motor vehicle fume exhaust extraction system approved by the City Commission on July 18, 1996. Amendments to the Capital Improvement Fund total a net increase of $2,929,572: Capital Improvement Fund budget increases approved by the City Commission: 1) fire engine replacement - $9,965; 2) fleet air quality improvements - $59,819; 3) Harborview Center - $730,900; 4) Stormwater Quality Improvements/Prop - $138,400; 5) Pinellas new gas mains & services - $80,724; 6) Pinellas Phase II gas line relocation - $121,350; and the Gas bond Issue which netted $8,493,304 in proceeds: a) Pasco expansion/new mains & services - $5.41-million; b) Pasco land, buildings & equipment - $510,000; c) Pinellas Phase II new gas mains - $830,000; d) Pinellas Phase II system gas line relocation - $1,303,304; e) Pinellas Phase II system improvement - $360,000; and f) Pinellas Phase II gas buildings & equipment - $80,000. Capital Improvement Budget increases not previously approved by the City Commission 1) Emergency Operations Center - $3,549 from City of Homestead for assistance provided in aftermath of Hurricane Andrew; 2) fencing replacement program (6-ft. fence under Clearwater Pass Bridge on Sand Key) - $4,555 budget increase of General Fund revenues representing bridge revenues returned to General Fund when Bridge Fund closed; 3) Clearwater beach aquatics park & pool - $75,000 budget increase for design work; 4) geographic information - $18,750 increase of General Fund revenues to transfer revenues budgeted in Non-Departmental for FY 1995/96 GIS employee salaries; 5) annex property demolition - $164,739 budget increase of General Fund revenues to establish demolition project of Annex and Enterprise Car Rental/Stone Buick Body Shop (item to be presented September 19, 1996); and 6) stormwater quality improvement/property purchase - a) $28,534 budget increase of revenues from other municipalities representing reimbursement from SWFWMD (Southwest Florida Water Management District) for Alligator Creek; b) $10,957 budget increase of Pinellas County revenues representing reimbursement for Alligator Creek; and c) a $3,648 budget increase of revenues from other municipalities representing reimbursement from the City of Safety Harbor for Alligator Creek. Ms. Wilson said $75,000 for the aquatics park will be transferred from the General Fund. She said $164,739 was added for the demolition of the Annex and part of Stone Buick. Money for Ervin's All American Youth Club project came from savings from General Fund departments. The Gas fund includes major amendments because of returned funds loaned to Clearwater Gas prior to the issuance of bonds. The City Manager said the funding for Ervin's All American Youth Club is the same as the current year. In response to a question, the City Manager said an accountant prepared Ervin's All American Youth Club's report. She recommended transferring money from savings for the demolition work. Pool construction will come back as a separate contract. Ms. Wilson indicated the City's contract with Ervin's All American Youth Club is subject to budget appropriations for three years. A copy of the contract will be forwarded to the Commission. In response to a question, Ms. Wilson said the Harborview Center pays interest on their loan from the City. CK CITY CLERK Clearwater Housing Authority Appointment The Mayor requested this be pulled from the agenda as she has not selected a nominee. CA LEGAL DEPARTMENT Second Reading Ordinances Ord. #6074-96 - Amending Art. 1 of Ch. 28, to create Sec. 28.11 to prohibit a person from using skateboards, roller skates, in-line skates, coasters and other similar devices in specified locations The City Manager recommended continuing this item and not adopting the ordinance in its current form. She suggested the City Commission consider an ordinance that allows individual properties to be posted. She expressed concern regarding the City's image and noted some people use skateboards and skates for exercise and as modes of transportation. A new ordinance can be drafted for discussion when Commissioner Johnson returns. City Manager Verbal Reports Baltimore Trip The City Manager reported she and Ms. Rice will travel to Baltimore tomorrow to conduct interviews regarding Bob Keller's application for the Assistant City Manager position. If the trip is successful, Mr. Keller will be invited to attend the September 10, 1996, meeting, followed by a reception with Department heads, the Chambers of Commerce, Downtown Development Board, and City Commission. The Commission recessed from 10:32 to 10:41 a.m. Public Records Request The City Manager referred to a public records request from the St. Petersburg Times for everything that goes into or comes out of the City Manager's Office. She said the press will be privy to some issues before she discusses them with the Commission. Signed contracts will not be available for review nor will draft agenda items. In response to a question, the City Attorney said little information is exempt from outside review except for bargaining and personnel issues. Staff will blot out Social Security numbers. Ms. Rice said the request was not for routine items. The City Manager said the Times had indicated they will be sensitive to issues in draft form. She expressed concern the newspaper will contact Commissioners regarding issues that have not yet been forwarded. Dumpster Screening Ordinance The City Manager said Central Permitting Director Scott Shuford had suggested attaching screening to dumpsters. Approximately 6 departments will compete with dumpster screening ideas. The Commission is requested to judge the event at City Hall at 9:00 a.m. on October 4, 1996. It was recommended the criteria include cost and customer convenience. Commission Discussion Items Direction for Fiscal Review Committee It was suggested the FRC (Fiscal Review Committee) review the Utility Rate Study and Gas Study. The FRC is not required to meet monthly. Ms. Wilson recommended the committee continue reviewing the Airpark's business plan. It was suggested the FRC complete that review before the Commission reaches a decision regarding the Airpark's FBO (Fixed Base Operator). As the FBO contract contains a multi-year lease, it was felt changing the business plan after the contract is signed would be unfair. FRC input regarding the areas they wish to review was requested. 1996 Real Estate Appraisal - Hillsborough “Sludge Farm” property The City Manager said the City-owned sludge farm property in Hillsborough County was appraised recently at half the value of a previous appraisal. Interest has been expressed in leasing the property in exchange for maintaining it. A gun club also has indicated interest in leasing the property. If the Commission chooses to keep the property, staff will go out for a bid to lease it. Selling the land and banking the money was suggested. In response to a question, Mr. Baier said the property costs approximately $1,000 annually to maintain. The City can bid out the citrus harvest. The City Manager suggested placing an advertisement and reviewing responses. She felt the City will not recover the money it paid for the property but noted Clearwater benefited from the land for a number of years. The property was purchased with sewer funds. Proceeds must be returned to that fund. The City Manager indicated Bob Smith, who currently maintains the property, wishes to address the City Commission. This item will be agendaed. Street Banners Tourism Director Jean Sherry said staff currently is doing an inventory of the Countryside area. She said reusable hardware will lower costs for the banner program. The City Manager said other communities have used banners successfully. Banners on Clearwater beach and Gulf-to-Bay Boulevard were supported but opposed on Missouri Avenue. The City Manager said 8 banners are planned for Missouri Avenue. Additional banners will be hung in North Greenwood. Ms. Rice said the North Greenwood Task Team has requested being included in the banner program. A trial period for the beach and Gulf-to-Bay Boulevard was suggested. It was questioned if a system for approval had been established for outside sponsored events. Ms. Sherry said installation and removal would be at their expense. She noted regulations limit what can be displayed by roadways. In response to a question, she said banners cannot be displayed downtown when holiday decorations are exhibited. The City Manager said staff will identify a funding source if the City Commission expresses interest in the project. It was felt the project should begin on a small scale before building community unity. In response to a question, Ms. Sherry said banners on US 19N would be too far from the roadway and other restrictions exist. Including the North Greenwood community was recommended. Ms. Sherry said the project currently does not include the Memorial Causeway. A final cost estimate and list of recommended locations were requested. It was suggested to display the banners in downtown, on Clearwater beach, Gulf-to-Bay Boulevard, North Greenwood, and Countryside. Staff will come back with a proposal including a plan to phase in all areas. It was recommended to extend the banners on Gulf-to-Bay Boulevard to the Welcome Center by Courtney Campbell Causeway. Northwood Estates Retention Mr. Baier said this issue is a difficult one. The pond is by the intersection of Eastland Avenue and Landmark Drive. Over the years, engineers have allowed part of the retention pond to be piped which reduced its capacity. Staff came forward earlier this year with a two-phase project to address recurring flooding problem. The City has not received complaints since the first phase was completed and the road has not been closed due to standing water. During the past two years, staff has had three meeting with area residents to discuss alternatives. He said a recent television interview incorrectly stated the problem is easy to fix. If piping is allowed behind the remaining 2.5 open lots, the City would have to purchase property to attenuate the lost volume. Mr. Baier referred to information regarding aesthetic treatments. He said homeowners have indicated they want a keystone wall system installed. This system is not environmentally sensitive and does not comply with the City's Comprehensive Plan. The keystone system requires water bodies at its terminus. Mr. Baier presented boards illustrating how the area looked before piping was installed. The original section of pipe was installed near Eastland. Storage was reduced further due to illegal fill and piping part of the swale. It was questioned why Lot 16 did not install piping when other lots were allowed to pipe. Mr. Baier said piping was installed 12 to 14 years ago. Sand filled cement bags were used for a retaining wall on the remaining pond. When the latest request to pipe was made, permitting had become more stringent and costs had increased. He said the file seems to indicate this is a money issue. The subject property is an easement and does not belong to the City. Property owners can pursue piping and mitigation themselves. Mr. Baier said last year's project stopped at Lot 16. The City had wanted to install gabions along the pond's bank that would resemble a seawall. The property owners expressed concern the change would make it difficult to maintain their property. The project would have increased water storage by approximately 20,000 square feet. With a water depth of approximately 6-feet, the proposed pond would resemble a lake. Mr. Baier said he had reviewed obtaining permits if the City elected to hard-line the channel. He recommended against this, noting the City does not provide aesthetic treatments for other private properties. The keystone method is twice as expensive as gabions. The City could obtain the permits but they would be expensive. Hard-lining is not environmentally friendly and will require purchasing some property. He recommended against setting a precedent. Two property owners are upset with the City's proposal and insist the City make the entire area a pond. Owners with piping oppose change as it would decrease the size of their yards. One property owner with a pond wants to install piping. Mr. Baier said the City is trying to balance wrongs done long ago. One faction wants the area left alone; one faction wants the City to install pipes; one faction want all yards treated alike. It was questioned why this issue was not addressed when the Landmark Drive extension was designed. Mr. Baier said staff had recommended redesigning the ponds as they originally were intended to be used. He said the easement should be developed for its designated use. The City should not compound past mistakes. He said installing pipe would be a large step backward. City service crews currently clean out the pond. That will continue to be a problem. Mr. Baier said the project has a collection area that traps floatables. The City can make improvements or continue to monitor it. In response to a question, Mr. Baier said flooding no longer makes nearby roads impassable. It was suggested to allow property owners to pay the difference. Mr. Baier said that action would contradict the Comprehensive Plan. The EAB (Environmental Advisory Board) opposes that. In response to a question, Mr. Baier said houses still can be built in flood plains. He said if the City Commission wants to improve the water run off storage, he recommended moving forward with the project's second phase. In response to a question, Mr. Baier said the City maintains ponds it owns. The City will maintain ponds on private property easements to maintain flow conditions but not for aesthetics. Scheduling a neighborhood meeting was suggested. In addition to the 5 or 6 impacted homeowners, other neighbors who walk in the area are interested. In response to a question, Mr. Baier said an inlet in the pond pipes water to Mullet Creek. It was suggested the City install pipes to increase that conveyance. Mr. Baier said staff will come to the City Commission with broader issues including sidewalks and wider streets. The proposed design includes sidewalks. In response to a question, Mr. Baier said opposition to gabions may be based on familiarity with ponds with gabions that were not maintained. Gabions require some maintenance. He recommended against installing a decorative hard-lined system. He said property owners with piping in their back yards have threatened to sue the City if the pipes are removed. The City Attorney said Clearwater has the right to use the easement in the most effective manner for drainage. She said the City's position is good but nothing is guaranteed. It was suggested the City may create a liability if piped property is opened, creating an attractive nuisance. Mr. Baier said the City would not fence the pond. A meeting with an open format will be scheduled with the property owners. Other Commission Action Commissioner Seel congratulated Mr. and Mrs. Countryside, former Commission Fitzgerald and Ms. Isell. Commissioner Seel questioned why lifeguards were not on duty at Clearwater beach on Sunday. Commissioner Seel said the new Pier 60 Park looks exciting. Commissioner Hooper said the grand opening of the Countryside Recreation Center was impressive. Staff did an outstanding job. Commissioner Hooper referred to a note Commissioners had received complimenting the City. He commended 603 Mandalay Avenue for providing excellent service. Commissioner Hooper expressed concern an advisory board member had worn an campaign button to a meeting televised on C-View TV. Staff will notify board members regarding a new policy that prohibits members from wearing campaign buttons when representing the City during advisory board meetings. Commissioner Clark questioned how negotiations with the St. Petersburg Junior College are progressing regarding maintenance of several sports fields. The City Manager said the Long Center and a private venture had approached the college. The college has not come to the City with an agreement. It was suggested the City Commission call college trustees with concerns. The City Manager said if the City and college reach agreement, the Commission will decide how the fields are maintained. Mayor Garvey thanked staff for pictures of before and after sign amortization. Adjourn The Commission recessed at 12:04 p.m.