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05/12/1997CITY COMMISSION WORK SESSION CITY OF CLEARWATER May 12, 1997 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 Bob Keller Assistant City Manager Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Patricia O. Sullivan Board Reporter The meeting was called to order at 1:00 p.m. at City Hall. Three service awards were presented to City employees. The Commission recessed from 1:03 to 1:28 p.m. to meet as the CRA (Community Redevelopment Agency). PRESENTATIONS Briefing on Brownfields legislation (possible $500,000 funding) Environmental Specialist supervisor Miles Ballogg thanked Senator Latvala for championing State Brownfield legislation. Mr. Ballogg stated Brownfields are “abandoned, idled, or underutilized industrial and commercial properties where expansion or redevelopment is complicated by actual or perceived environmental contamination.” Clearwater’ s designated Brownfield area, bordered by Belleair Road, Ft. Harrison Avenue, Stevenson’s Creek, Betty Lane, and Missouri Avenue, contains approximately 100 potentially contaminated sites. Typical contamination was caused by gasoline stations, body shops, and dry cleaners. Current barriers to area redevelopment include liability and the cost and timeliness to clean-up sites. The Brownfield designation limits liability of lenders for contaminated sites. Property purchases also are protected if owners enter into a remediation agreement. FDEP (Florida Department of Environmental Protection) will assign staff to each district to expedite clean-ups. Clearwater is one of two Florida cities with Federal Brownfield designations. Proposed State legislation for Brownfield areas includes $500,000 in funding for job creation, the establishment of financing resources to remediate contaminated sites, area business expansion, development of a mathematical model of the area’s current economy to draft trends, and environmental site assessments for market ready property with contamination concerns. Current Federal funding is $100,000 over 2 years. In response to a question, Mr. Ballogg said the area includes a high concentration of contaminated sites, a low-income population, and land available for redevelopment. Staff is working on obtaining additional Federal funds. Once the pilot project is complete, additional Federal funds should be available for loans for clean-up. In response to a question, he said lenders in the designated Brownfield area who are not actively involved in the subject properties will have no liability related to site contamination in case of foreclosure. In response to a question, he said the sites that are market ready will be targeted. Assistant City Manager Bob Keller said properties under negotiation for sale will be a priority. Staff will distribute an outline regarding the proposed State legislation. FN FINANCE Review of Fiscal Year 1995/96 Financial Statement Finance Director Margie Simmons indicated the Financial Statement is a technical document presented in a format required by law and accounting rules. The transmittal letter in the Introductory Section reviews the report including current and future major initiatives, economic development, controls, employee retirement systems, etc. Ms. Simmons distributed an outline of the Financial Report and an additional analysis of City Enterprise Funds: 1) Water & Sewer Utility; 2) Gas Utility; 3) Solid Waste Utility; 4) Recycling Utility; 5) Stormwater Utility; 6) Yacht Basin and Marina; 7) Parking System; 8) Pier 60 (closed mid-FY 1995/96); and 9) Harborview Center. In response to concerns the City’s reserve, 10% of the General Fund, may be inadequate, the City Manager stated cash balances in the Enterprise Funds are significant. In response to a question, she said Water and Sewer funds cover expenses and provide services at the lowest cost. The Marina, Gas, Recycling, and Roll-Off Containers generate profits. In response to a question, Ms. Simmons indicated funds for the Municipal Services Building and Harborview Center projects came from accumulated surpluses and savings. Construction of the new Police Headquarters was covered by a bond issue. Ms. Simmons said the City is conservative and is more concerned with the return of principal rather than the return on investment. Due to increased Workers’ Compensation claims, this is the first year the City paid out more in claims than it collected. The City’s actuary estimates future claims. By law, the City must change auditors every 5 years. This is the 17th year the City has received a Certificate of Achievement. She thanked the Finance and Budget team for their contribution to the report. Ms. Simmons reviewed the Financial Section which contains the auditors’ report. Staff will report on the recommendations. She said the voluminous footnotes are required. She referred to page 69, noting the Special Development Fund reflects internal borrowing for Penny for Pinellas projects. In response to a question, she said funds are listed as an expenditure when they are transferred to a Capital Improvement Project. The City Manager said government accounting does not recognize assets. Ms. Simmons said the reporting method will change in 2000. She indicated the Stormwater Utility had a deficit. The Harborview Center showed a loss. Next year, a full year’s depreciation will be charged which is based on the building’s estimated life. Internal Service Funds serve other departments and are expected to break even. The report’s Statistical Section includes 10 years of data. In response to a question, Ms. Simmons will identify the operating transfers listed on page 12. GAS GAS SYSTEM Contract for environmental remediation of Berry Property, 107 Harrison Ave., Belleair Beach, to Environmental Consulting & Technology, Inc., estimated $52,135.17 On August 10, 1993, Visk Contractors, Inc., a gas pipeline contractor performing a boring operation while working for CGS (Clearwater Gas System), damaged an underground fuel oil tank at 107 Harrison Avenue, Belleair Beach, Florida. In September 1993, Mevers & Associates submitted the lowest bid to perform a CAP (Contamination Assessment Plan) which was forwarded to the FDEP (Florida Department of Environmental Protection) in March 1994 and approved. The Engineering Department/ Environmental Division contracted with Mevers & Associates to prepare a RAP (Remedial Action Plan), which was submitted to FDEP and approved as a pilot study on January 8, 1996. Mevers & Associates did not complete the final remediation report, failed to reimburse subcontractors for completed work, and filed for bankruptcy under Chapter 13. At a cost of $1,995, ECT (Environmental Consulting & Technology, Inc.) finished the work and submitted the remediation report to FDEP. CGS paid Mevers & Associates $51,495 for work completed and holds $3,665, which was not paid to Mevers. The Legal Department is reviewing the Mevers & Associates contract for remedies. The Berrys plan to sell their house this summer and need a FDEP certificate indicating the site is clean. Due to this time constraint, it was impractical to bid the project. The site will take 60 to 90 says to clean and remediate. The Berrys also have retained an attorney to intercede and protect their interests. Staff recommends resolving the cleanup as soon as possible to reduce the City’s exposure to a property damage claim. ECT currently is conducting the environmental remediation investigation at CGS’ MGP (Manufactured Gas Plant). Staff feels ECT can remediate the Berry site properly and concurs with ECT recommendations to perform a temporary soil vacuum extraction, install monitoring wells, test the soil after extraction, then remove and thermally treat the remaining contaminated soil. As part of this project, ECT will prepare a Closure Report for submittal to FDEP. ECT also plans to replace the Berry’s concrete driveway, sidewalk, and landscape, and remove the monitoring wells. In response to a question, CGS Managing Director Chuck Warrington said the City does not require bonds for projects less than $100,000. In response to a question, he said staff had done an extensive check on the company. This was the first time the process had been tried in Florida. ECT indicated the process would have worked had it been done properly. In response to a question, he said Visk Contractors, Inc., is a small company with no assets. Contractors have immunity from environmental problems. Since 1993, staff has instituted several internal controls and initiated a retainage fund. It was recommended that future City contracts with potential environmental impacts require a bond and include language that allows the City to recover costs related to environmental accidents. Instead of a monthly draw, it was recommended the City base its reimbursement to contractors on the percentage of completion. In response to a question, Mr. Warrington said these clean-up costs are being recouped from CGS customers. He expressed concern bonding may cost more than what can be recovered. It was noted good contractors can obtain inexpensive bonding. The Legal Department is reviewing this issue. MR MARINE Lease Agreement with Keramitsa, Inc., d/b/a/ Beach Diner, 08/01/97 -07/31/03, with 2 year extension if both parties agree, for guaranteed minimum rental of $60,000 annually, plus an annual percentage of gross sales, with annual CPI increases starting 01/99 In January 1982, the City entered into a 15-year Lease Agreement with Howard Johnson Company to operate a restaurant on the Beach Diner site. In 1987, Marriott Family Restaurants purchased all outstanding shares of Howard Johnson Company. In January 1990, the City approved Keramitsa, Inc., to sublet the lease and change the restaurant’s name to Beach Diner. The Marriott Family Restaurants’ lease expires on July 21, 1997. Competitive bidding on this property is impractical due to the lease’s short term and City consideration of the site for a new Civic Center and parking garage. Under lease terms, the lessee will make all necessary structural improvements to the premises. Improvements shall not exceed $35,000. A Lease Agreement exhibit lists improvements to be completed by lessee: 1) $2,769 - patch, reseal, & restripe parking lot; 2) $5,000 - repair/replace air-conditioning units; 3) $10,000 - repair/replace portion of roof; 4) $7,515 - rewire/repair/redesign existing pole sign; 4) $2,500 - repair/replace wall covering in kitchen; 5) $2,500 - repair/replace floor tiles in kitchen & storage; and 6) $2,500 - irrigation and landscaping improvements. Should the City terminate the Lease Agreement, with 60-days written notice, the City will reimburse the lessee, on a pro-rata basis, for the improvements. Lessee shall pay $60,000 in fixed rent annually, at $5,000 per month. An annual CPI (Consumer Price Index) increase will begin January 1, 1999, and continue on January 1 of each year of the lease. As additional rent, the lessee will pay a percentage of annual gross sales: 1) 6% on sales between $900,000 and $1,099,000; 2) 7% on sales between $1.1-million and $1,299,999; and 3) 8% on sales greater than $1.3-million. The Lessee will continue paying for all maintenance, taxes, utilities, and insurance. Mr. Chandler has been a good land tenant. Harbormaster Bill Held reviewed the Lease Agreement. He indicated the cost of the proposed improvements was based on bids. Staff will report on the restaurant’s size. In response to a question, the City Attorney said the City Commission would have to approve the assignee if Mr. Chandler chooses to assign the lease to someone else. Mr. Held said the lease allows a 60-day cancellation should the City require the property for another project. It this occurs, Mr. Chandler’s investment in improvements will be pro-rated. In response to a question, the City Manager said a personal guarantee by the Lessee is not unusual. The lease includes parking in front of the restaurant. CP CENTRAL PERMITTING Variance(s) to Sign Regulations for property located at 640 Chestnut St., Court Square, Blk 13, part of Lot 6 & all of Lots 7-9 and Magnolia Park, Blk 13, Lots 10, 11, and part of 12 together with vacated alley between (Clearwater Depot, Inc., Cepcot Corp., and Porpoise Pool & Patio, Inc., SV97-05) The property, on the West side of East Avenue between Court and Chestnut streets, is zoned Urban Center (Core) 2. The applicant requests a variance to allow a 64-square foot, 20- foot high freestanding sign with a minimum setback of 5-feet from all street rights-of-way in a zoning district where freestanding signs are not permitted. On April 8, 1997, the DRB ( Design Review Board) recommended approval of a freestanding pole sign subject to final DRB review and approval of the design. In response to a question, Central Permitting Director Scott Shuford said the City had not received the drawing of the proposed sign until Friday. A variance is needed for a freestanding sign. EN ENGINEERING Public Hearing & First Reading Ord. #6144-97 - Vacating 40’ r-o-w of Adams Avenue, from south r-o-w line of Jeffords Street South 300’ subject to retaining the r-o-w full-width as a drainage and utilities easement (Hilleboe, V97-03) The applicant requests vacating the 40-foot right-of-way of Adams Avenue from the South right-of-way of Jeffords Street 300 feet South. The applicant proposes to use the portion of right-of-way to construct additional parking for his apartment complex. The right-of-way vacation will enhance the City’s tax base. The right-of-way is not paved or used for vehicular traffic. Both ends of the right-of-way were posted, noticing the vacation proposal. The City has a 6-inch water and 2-inch gas main within the portion of right-of-way to be vacated. The water and gas mains may need to be relocated depending on the parking lot’s final design and drainage facilities. The relocation can be a condition of building permit approval and will be done at the owner’s expense. The City will retain the right-of-way full-width as a drainage and utilities easement. Public utilities have no objections to the request. City Department/Divisions concerned with easement vacation requests have reviewed the petition. Engineering Services has no objection to the request provided the right-of-way is retained full width as a drainage and utility easement and the applicant pays all costs to relocate the water and gas mains if required. The City Engineer recommends approval of the request. In response to a question, Engineering Director Rich Baier recommended against vacating the entire right-of-way for Adams as a portion is used to access properties. Work Order, $38,802 to PBS&J (Post, Buckley, Schuh & Jernigan, Inc.) to develop alternatives for modification of Pierce Street Pond On September 19, 1996, the City Commission continued an item regarding “Cell 2,” a portion of the “Town Lake Project.” Phase 1 of this proposal examines alternatives to expand the Pierce Street pond within available property to provide additional flow attenuation and stormwater treatment to serve City and private sector redevelopment downtown projects. Phase 2 is proposed to develop preliminary designs and cost estimates for one or more alternatives selected by the Commission. Downtown property owners, who had expressed interest, have been provided a copy of the scope of work and will be involved, on a team basis, as the project develops. Treatment provisions will consider 3 scenarios: 1) stormwater treatment for City Annex redevelopment and Winn-Dixie projects; 2) stormwater treatment for City Annex redevelopment and Winn-Dixie projects and redevelopment of other private sector properties, an additional 20 acres in the vicinity of the Pierce Street pond; and 3) stormwater treatment for the entire basin served by the Pierce Street pond. Mr. Baier said PBS&J will be mindful of localized flooding, attenuation needs for City property, and the Winn-Dixie project. The study should be completed in 4 months. This Item will fund Phase 1 only, which will consider public/private ways to finance Phase 2. Mr. Baier will bring this issue back before the end of Phase 1. In response to a question, Assistant City Manager Bob Keller said Commission consensus was to end the “Town Lake Project.” Staff had been directed to identify City attenuation needs, including the clean-up the Pierce Street pond, and develop a private/public venture for an enlarged Pierce Street pond. It was felt no alternative should propose a lake. Mr. Baier said PBS&J will develop plans and models for the Pierce Street pond with cost estimates. Little can be done to improve the pond at its present depth and surface area. In response to a question, Mr. Keller said the City can charge developers to use the pond for attenuation requirements. It was suggested the Annex property would be more attractive to developers if its attenuation needs are met off-site. In response to a question, Mr. Keller said nearby property owners had expressed a strong interest in the project. The City Manager suggested the property owners could agree to an assessment. It was stated the City will need a serious financial commitment from the private sector prior to moving forward with Phase 2. It was recommended staff use data developed by previous “Town Lake Project” studies. Mr. Baier said some base data can be used but none of the designs was for a pond. The Commission recessed from 3:06 to 3:21 p.m. CA LEGAL DEPARTMENT The City Attorney said at the next meeting, a resolution will be presented to consider a beach CRA. The City will notify the taxing authority and publish a newspaper advertisement regarding this issue. The City Manager recommended a joint staff and consultant effort can address pending issues related to the new Memorial Causeway bridge. A contract addressing a beach CRA will be considered on June 19, 1997. The beach qualifies as a CRA due to inadequate public infrastructure. The resulting document can be used for planning, tourism, and economic development. The consultant will meet with the City Commission for direction. In response to a question, the City Attorney said the City Commission will continue to act as CRA trustees, with the beach as a separate district. The CRA will have a contract with the alliance for downtown. City Manager Verbal Reports Alligator Creek Watershed Management Action Plan Update Mr. Baier said the watershed management plan currently underway is comprehensive and provides a long range map that addresses physical, chemical, and biological interfaces between people and the environment. The Alligator Creek Watershed is the second largest and most urban water basin in Pinellas County. Mr. Baier distributed materials. Estuary implications relate to the basin’s drainage into outstanding Florida water. Assistant Director of Engineering/Environmental Tom Miller stated Environmental Programs Supervisor Terry Finch also has worked on the project during the past 18 months. The action plan overviews necessary permits and indicates how issues should be addressed. The City has received program funding from the Water Management District, and a County and City of Safety Harbor cooperative. Some regional State requirements currently are being implemented. The plan includes public meetings and survey work, considers water quality and sentiments, and proposes resolutions to all problems. A dynamic model will address flooding issues and identify water flow direction. The Old Coachman Bridge will require replacement. Staff will review the plan, identify problems, and prioritize CIP requirements. Mr. Miller said 89 people attended the April 24, 1997, public meeting but returned only 24 comment sheets. The final plan will be brought to the City Commission in Summer 1997. Of 44 projects listed in the plan, staff will bring forward the 8 most important ones. The total project is estimated to cost $25-million. In response to a question, Mr. Baier said the project will eliminate in-home flooding for hundreds of homes. Concern was expressed the project not negatively impact other projects. Clearwater Main Library Selection Task Force The City Manager said the Sunshine Law applies to the Clearwater Main Library Selection Task Force. As members cannot discuss related issues apart from public meetings, Task Force members, Assistant City Manager Bob Keller and Library Director Arlita Hallam, cannot discuss library issues with other Committee members. She recommended Mr. Keller and Dr. Hallam attend future committee meetings as staff members only. Commission Discussion Items Garden Avenue Signal Mr. Baier reported the MPO (Metropolitan Planning Organization) had requested removal of the traffic signal at the Drew Street/Garden Avenue intersection. A 1995 study indicated the intersection does not meet warrants related to traffic signals. FDOT’s (Florida Department of Transportation) Drew Street resurfacing project includes replacement of the signal span foundations. He stated several nearby businesses oppose the signal’s removal. Consensus was to authorize removal of the traffic signal at the Drew Street/Garden Avenue intersection. Funding Request Procedure The City Manager noted the City had received another funding request from the Clearwater Bombers. She referred to Ms. Rice’s recommendation for the Commission to consider all funding requests during the budget process. Requests will compete with each other. The City contributes money to: 1) social service agencies and 2) City-sponsored events. The City Manager’s proposed budget includes contributions set at last year’s level, including Jazz Holiday. It was suggested the Free Clinic be considered a social service agency. The social service budget is currently $100,000 annually. The City Clerk indicated the new budget includes contractual obligations. The City Manager recommended the City Commission rank all funding requests when considering the FY (fiscal year) 1998/99 budget. Concern was expressed 4th of July festivities should not compete with other events. It was recommended the City reduce funding for Jazz Holiday. It was felt the City should support the Florida Orchestra and key events, such as Fun N’ Sun. The City Manager suggested the City Commission develop the process later and discuss this issue further at the Budget Meeting. Additional Budget Meeting AND Standard Meeting dates: a) quarterly with new employees, b) quarterly with Department Directors, c) Strategic Planning The Commission will schedule these meetings at tomorrow’s budget meeting. Emergency Medical Services The City Manager reported the City had received a letter from Pinellas County requesting all municipalities extend the EMS (Emergency Medical Services) agreement one year. Ms. Rice and Fire Chief Davidson recommend agreement. The City is due some additional money. The contract will stipulate those funds are part of the agreement. Concern was expressed all information regarding this issue has not been forwarded. Consensus was to advise Pinellas County the City Commission is not in agreement regarding an extension and is not ready to make that decision. City Manager Candidate Selection Process Organizational & Employee Development Director Pam Skyrme distributed a handout and suggested Commissioners take notes during the interviews and later explain the rationale behind their decisions by presenting pros and cons for each candidate. She recommended Commissioners discuss their observations before agreeing on the top candidate. The City Manager referred to a memorandum outlining the standard elements of the contract. To expedite the process, she recommended the Commission authorize the City Attorney or City Manager to negotiate a contract. In response to a question, she reviewed deferred compensation. She stated one city manager was provided a City vehicle while others received a car allowance. In response to a question, she said floating holidays can be carried forward only under extraordinary circumstances. General employees receive 2 weeks of vacation after one year of employment. The City Manager indicated a senior manager may wish to take vacation time during the first year. The City Attorney said the candidate may request a rapid accrual. It was suggested the position be awarded vacation time after 6 months. The City Manager recommended the City Commission also consider a salary offer and review it after 6 months. The City Attorney will discuss related issues with the Commission prior to negotiations. Other Commission Action Commissioner Seel requested the Commission address the Summer meeting schedule. Commissioner Seel distributed a proposed response to a fax from FAST regarding the proposed Federal telecommunications act. She will forward the response if Commissioners propose no changes. Commissioner Johnson was sorry to read that Gabe Cazares had resigned from the CRB (Community Relations Board). Commissioner Hooper referred to letters received addressing mariner issues. The City Attorney indicated she was providing language for a response. Commissioner Hooper said the letters were inappropriate and inaccurate. Mayor Garvey referred to a letter from the City of Belleair comparing municipal water and sanitation rates. She requested a common schematic be used. Mayor Garvey requested information regarding which school was served by City crossing guards in the Skycrest vicinity. Mayor Garvey noted a City ordinance prohibits parade participants from throwing objects from vehicles. It was felt candy should be allowed. Consensus was to review the ordinance. Mayor Garvey referred to a letter addressing fluoridating City water. Consensus was to refer the letter to Pinellas County. Commissioner Seel regretted she could not attend the May 14, 1997, meeting regarding the Clearwater beach Aquatic Center. The Commission will address this issue when the Parks & Recreation budget is discussed. Adjourn The meeting adjourned at 4:35 p.m.