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12/01/1997CITY COMMISSION WORK SESSION CITY OF CLEARWATER December 1, 1997 Present: Rita Garvey Mayor/Commissioner J. B. Johnson Vice-Mayor/Commissioner Robert Clark Commissioner Ed Hooper Commissioner Karen Seel Commissioner Michael J. Roberto City Manager Kathy S. Rice Deputy City Manager Bob Keller Assistant City Manager Richard L. Hedrick 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 9:00 a.m. at City Hall. Service Awards Geraldine Jones, Public Works Department, was presented the November 1997 Employee of the Month award. The Commission recessed from 9:03 to 9:06 a.m. to meet as the Pension Trustees. PUR PURCHASING Crane Carrier Corp., three (replacement) 1998 Crane Carrier front loader refuse collection vehicles, $383,079; funding to be provided under City’s master lease-purchase agreement (GS) Apollo Construction and Engineering Services, Inc., removal and disposal of pre-cast fascia at the Northeast WPC facility, $44,764 (GS) Noland Company, gas water heaters for resale, 12/15/97 -12/14/98, estimated $165,000 (GAS) South Central Pool Supply Inc., gas pool/spa heaters for resale, 12/15/97 -12/14/98, estimated $67,000 (GAS) Dynamic Distributors, gas barbecue grills and fire logs for resale, 12/15/97 -12/14/98, estimated $40,000 (GAS) In response to a question regarding the removal and disposal of pre-cast fascia at the Northeast WPC (Water Pollution Control), General Services Director Bill Baird said metal fatigue had damaged the bolts attaching the decorative concrete panels to the building’s facade, causing the panels to loosen and fall. The panels will not be replaced. Another material will be used to cover the structure’s facade. In response to a question regarding the purchase of gas appliances, Finance Director Margie Simmons said appliances are purchased as items are ordered. In response to a question regarding the purchase of refuse collection vehicles, the City Attorney said staff had reviewed the out-of-state bid carefully and felt it reasonable to proceed with the purchase. In response to a question, the City Attorney said staff will work on a Charter provision to allow an exception to bid. FN FINANCE Approve $120,000 payment to Caleb Winston, in return for complete settlement of workers’ compensation claim, including all indemnity and medical benefits, attorney’s fee, and waiver of future job-connected disability pension benefits The claimant receives workers’ compensation permanent total disability benefits and a City job-connected disability pension resulting from a job-connected neck injury on February 11, 1991. These benefits are coordinated and paid in accordance with authority set forth in Florida case, Barragan vs. City of Miami, which authorizes a claimant to collect pension and workers’ compensation benefits up to 100% of the average monthly wage. Currently, the claimant’s disability pension from the City is offset so workers’ compensation benefits plus pension benefits do not exceed 100% of the claimant’s average monthly wage. In 2001, the workers’ compensation pension offset will reduce his disability pension to $0.00, even if he does not settle. This settlement contemplates the claimant totally settling his workers’ compensation claim against the City, waiving approximately $4,000 in pension benefits he otherwise would receive for the next 3 years until 2001, plus claimant will waive any future claim to job-connected disability pension benefits. This proposed settlement resulted from mediation ordered by a Judge of Workers’ Compensation Claims for the State. Risk Management staff, Gallagher Bassett Services, Inc. (City’s servicing agent for this old claim), and City outside counsel, Mark Hungate, of the law firm of Fowler, White et al., all recommend this settlement is in the City’s best interest. In response to a question, Jon Marcin, Risk Management Specialist - Workers’ Compensation, said the settlement is voluntary and not required. City consultants feel the settlement is in the City’s best interest. In response to a question, he reported Caleb Winston had been employed in the Parks & Recreation Department. In response to a question, Mr. Marcin said the Barragan case was settled prior to Mr. Winston’s original claim. HU HOUSING & URBAN DEVELOPMENT Public Hearing - 1996/97 CDBG Grantee Performance Report Regulations in Section 570.507 and 570.509 of the CDBG (Community Development Block Grant) Act of 1974, as amended, require all program participants to send HUD (U.S. Department of Housing and Urban Development) a performance and evaluation report no later than December 31, 1997, 90 days after the program year’s end. The Grantee Performance Report, the principal administrative report documenting the City’s expenditures of CDBG Program funds, allows HUD to monitor the program for compliance and for financial audits. The Commission approved all expenditures listed in the report through approval of prior years’ Consolidated Plans. Clearwater Housing & Urban Development Director Alan Ferri said this procedure will change next year. This Grantee Performance Report document only reports on CDBG funds although staff also will provide information regarding HOME and SHIP (State Housing Initiatives Program) funding. This City has done better in previous years regarding expenditures and leveraging private funds. The City did not meet its goals to rehabilitate housing, build affordable housing, or provide business loans. Mr. Ferri reported the Tampa Bay CDC (Community Development Corporation) has exceeded its goals for providing down-payment assistance and proposes to construct an 8-unit in-fill residential planned development at Greenwood Avenue and Pierce Street to be funded by CHUD (Clearwater Department of Housing & Urban Development). PD POLICE Authorize City Manager to renew Agreement & approve Addendum No. 1 with Pinellas County Sheriff to provide latent fingerprint examination & related services, as well as crime scene services including evidence & property storage, 01/01/98 -09/30/98, for $268,852.02 Since January 1, 1994, the Pinellas County Sheriff’s Office and Clearwater Police Department have had this contractual agreement covering latent print examination, evidence storage, and crime scene processing. The total contract cost of $268,852.02, a 4.25% increase over last year’s contract, includes $49,815.78 for latent fingerprint services and $219,036.24 for evidence storage and 1,500 crime scene processing calls. Additional calls will be invoiced at $131.25 each. At the Sheriff’s request, the 1,500 call figure is based on a 9-month period to coincide with their fiscal year. The agreement contains an option to renew for 2 years beyond the original contract. The Sheriff may increase the cost no more than 4.25% each year. In response to a question, Police Chief Sid Klein said the cost increase reflects true costs. He estimated the Police Department will meet the 1,500 call figure within 9 months. Approve acceptance of second year grant funding for FY 1997/98 from FDOT for Clearwater’s DUI Enforcement Project, $80,920 In November 1996, the City Commission approved acceptance of a $162,000 FDOT (Florida Department of Transportation) grant to fund the DUI enforcement project, including 2 Police Officers and 2 police vehicles. The grant’s goal is to reduce drunk driving related accidents and fatalities through increased enforcement and public education. The grant allows the Police Department to better address citizens’ traffic safety concerns. The Police Department Customer Satisfaction Survey rated traffic problems second to burglary as the highest citizen police-related concerns. This second year grant will fund 75% of the 2 Police Officers’ salary and benefits ($55,106) and acquisition of 6 in-car video systems ($25,814). The City’s $30,381 match includes 25% of the 2 Police Officers’ salary and benefits ($18,368), 4 passive alcohol detectors ($12,013), plus in-kind match of public information and education materials. As a result of this project, the Police Department increased DUI arrests by 38% in the first 9-months of 1997, alone. Fatal crashes have decreased from 19 in 1996, to 14 in 1997. Those related to alcohol decreased from 8 in 1996, to 2 in 1997. On October 21, 1997, the City was awarded 2nd year funding of $80,920, with a required City match of $30,381, which was established in a project for this purposed in the FY (fiscal year) 1996/97 Mid-Year budget review. In response to a question, Chief Klein said the City is not required to retain the program or positions after the grant ends. PR PARKS AND RECREATION Contract to construct the Clearwater Beach Family Aquatics Center to Oakhurst Construction Company, Inc., $656,783 which includes base bid and alternates #1, 4 & 5; approve subsequent change order deduction in the amount $32,670, and approve transfer of $39,680 from recreation facility impact fees and $160,598 at first quarter from other CIPs The proposed Clearwater Beach Family Aquatics Center includes traditional swim lanes and mini-water park amenities. The design, budget, and scope were determined after citizen input at 2 public meetings and budget hearings. The Commission had directed staff to determine actual construction costs through the bid process. The $710,783 low bid includes a base of $626,283 plus $74,500 for water park amenities. The bid is $210,783 greater than the budget. Staff recommends engineering out several items worth $32,670, including the $4,000 pool heater. Staff recommends: 1) including #1 raindrop, #4 lemon drop sprays, and #5 funbrella; 2) saving $8,015 by purchasing the drop slide directly for $21,985; 3) postponing purchase of the kiddie slide; and 4) setting aside $54,000 for contingency and other items. In his November 25, 1997, memorandum, Parks & Recreation Director Ream Wilson said the proposed design allows a variety of aquatic programming including instructional, open, lap, and competitive swimming, exercise classes, and mini water park experiences. Staff feels the range of programs would be a source of revenue and attract residents and visitors. The design allows for expansion of water park features. It is estimated the facility would generate 250 daily visits during June, July, and August. During the Spring and Fall, the estimate is for 100 daily visits. The project’s cost includes a $636,283 base bid, $20,500 for #11, #4, and #5, less value engineer reductions of $32,670 for a revised contract amount of $624,113. The City’s purchase of #33 for $21,985 plus the $54,000 contingency increases the revised project cost to $700,098. The available budget of $500,000 leaves a shortfall of $200,098. If approved, the shortfall will be funded from CIP projects for picnic shelters, a new parking lot, playground replacement, Cooper’s Bayou Park, and Recreation Facility Impact Fees. Mr. Wilson reviewed the project, noting bids had come in much higher than anticipated. In response to a question, he indicated a “funbrella” simulates rain fall for child fun. He reviewed the proposed amenities, value engineering recommendations to reduce construction costs, and suggested additional funding sources. He said the bids were similar, indicating a second round of bids would result in similar bids. He recommended approving the project as proposed. Future water park amenities could be added to some of the lanes. In response to a question, he felt the attendance estimates are accurate. He said the pool will be plumbed for the possible future installation of a water heater. He suggested a local competitive swim program may be interested in participating in the purchase and operational costs of a heater. In response to a question, he said staff had decided the proposed picnic shelters were not well located. Those funds will not be requested. He said the grass parking lot is adequate. Concern was expressed regarding the project’s increased cost. It was felt the project is nice but not needed. Concern was expressed the price had escalated dramatically from the $572,000 approved by the City Commission in 1995. It was suggested funding for this project not be increased. The budget includes fencing, irrigation, and lighting. Staff will report on anticipated landscaping costs. In response to a question, Mr. Wilson felt the $30,000 contingency should be adequate to cover environmental mitigation and remediation requirements. In response to a question, Mr. Wilson said staff does not anticipate additional debris is buried on-site besides the remnants of the previous swimming pool. In response to a question, Recreation Superintendent Steve Miller estimated annual operation expenses for the proposed Clearwater Beach Family Aquatics Center would be $120,000 with revenues expected at $30,000. Anticipated revenues are 4 times greater than those received at the Morningside and Ross Norton swimming pools while operational costs should be similar. It was noted lap swimming is available at the Ross Norton and Long Center pools. Mr. Wilson indicated swimmers at the recreation centers compete against each other. The lanes are not designed strictly for competitive or lap swimming. He said staff had wrestled with the project to meet citizen input. Residents and tourists will use the facility. He recommended approval. In response to a question, Mr. Wilson said the building is designed to meet the health department’s minimum requirements and will not include hot water, inside showers, or dressing rooms. In response to a question, Mr. Wilson expected the proposed aquatic center in Largo will be heavily used. He reported the current trend in the U.S. is to retrofit pools with water park amenities. Concern was expressed the yacht club, which previously was located on the subject property, had sold fuel. Assistant Parks & Recreation Director Art Kader said soil borings indicate mangroves are buried on the site. A great deal of material will be removed before the pool is constructed. Staff was requested to research if fuel had ever been sold from this location. Concern was expressed the attendance estimates are 5 times greater than for the previous pool. Mr. Wilson noted the old 6-lane pool was hidden, lacked frills, was open only in the summer, and was run by an operator who charged a high entrance fee. In response to a question, Mr. Wilson estimated heating the pool would cost between $1,200 and $1,400 per month. A blanket also would have to be purchased. It was noted the heater’s cost is “a drop in the bucket” compared with monthly heating expenses. In response to a question, Mr. Kader said staff had requested the consultant to report, in writing, why his estimate of construction costs was so inaccurate. In response to a question, Mr. Wilson estimated it would cost as much as had already been spent to change the pool’s design to lower construction costs to $500,000. SW SOLID WASTE Interlocal Agreement with Town of Belleair for provision of residential and multi-family recycling collection, servicing of drop-off centers and marketing of recyclables, 5-year term commencing 01/19/98 with extension for 1 additional 5-year period provided neither party gives 60 days notice of intention not to extend CSW (Clearwater Solid Waste) bid against private waste hauling companies to provide the Town of Belleair with residential and multi-family recycling collection, service the drop-off centers, and market the recyclables. On October 21, 1997, the Town Commission awarded the contract to CSW. As the contract is between municipalities, an Interlocal Agreement is appropriate. The program will begin January 19, 1998. The rate is similar to one paid by Clearwater residents: 1) Belleair - $1.86/household/month and 2) Clearwater - $1.99 monthly less $0.13 for billing, collection and customer service. Based upon available data, Clearwater will earn a 15% return on investment from the project. In response to a question, CSW Director Bob Brumback reviewed the proposed rates. Belleair will cover billing, collection, and customer service expenses separately. The annual return is estimated at $9,500, annually. In response to a question, he said the City is self-insured for liability. The 5-year contract allows one 5-year renewal. Fee increases are not included in the 5-year contract. In response to a question, he said the City cannot back out of the contract, even if it no longer is making a profit. CP CENTRAL PERMITTING Public Hearing & First Reading Ord. #6221-98 - RPD 7.5 Zoning for property located at 1 N. McMullen Booth Rd., Sec. 16-29-16, M&B 21.16, 21.17 & 21.18 (Bricks Management & Real Estate Development, Z97-09)(CP) Bricks Management and Real Estate Development requests a zoning change and substantial revision to a site plan certified in 1987. The applicant proposes to rezone the lots and replat them as fee simple townhouses. On the subject property at the West corner of Bayshore Boulevard and John’s Parkway, the applicant wishes to construct 68 units and rezone it Residential Planned Development 7.5 (RPD-7.5). Currently, the subject property is zoned Residential Planned Development 5.8 (RPD-5.8) and has a Land Use Plan Classification of Residential Urban. Under RPD-5.8 density, 55 units are permitted. No land use plan amendment will be necessary. All land assigned the proposed zoning district will require a City Commission approved Concept Plan. The applicant is renewing a previous certified site plan with modifications to comply with new FDEP (Florida Department of Environmental Protection) wetland laws. Modifications involve substantial site improvements including water, sewer, drainage facilities, roads, and parking facilities installed to City standards. The proposed development will be consistent with a City Commission approved site plan that meets all requirements of certification, including the payment of all applicable impact fees. The combined lots total 9.6 acres. The applicant meets the RPD requirement for a minimum of 4 acres. The maximum permitted density being requested is 7.5 dwelling units per gross acres. Based on the size of the property, 72 units could be allowed. The applicant is proposing 68 units due to necessary improvements to the site. The RPD district is proposed to accommodate a comprehensively planned development project. Staff is working with the applicant to prepare a traffic impact study to determine the peak hour LOS (Level of Service) in accordance with the City’s concurrency management program. The rezoning request would be consistent with surrounding land use patterns and in character with the neighborhood, considering area residential facilities. The proposed zoning district would provide the applicant flexibility to accommodate buildings with exceptional setback requirements. On November 18, 1997, the Planning & Zoning Board voted to endorse the request. In response to a request, staff will locate and present the petition submitted to the Planning & Zoning Board. It was felt the original RPD should not be changed nor additional units approved. Central Permitting Manager Sandy Glatthorn said the project will have to meet traffic impact standards. Proposed zoning is consistent with the Land Use Plan (Land Use Plan). The request represents a new plan. Public Hearing & First Reading Ord. #6216-98 - RPD 11 Zoning for property located at 1345-1357 Pierce St., Tagarelli Sub., Blk 3, Lots 1-4, W 34’ of Lot 5 (Tampa Bay Community Development Corp., Z97-10) The Tampa Bay CDC, (Community Development Corporation) Inc. wants to rezone and replat property it owns on the West corner of Evergreen Avenue and Pierce Street and approximately 200 feet North of Franklin Street. The proposal is to rezone Lots 1 through 4 and part of Lot 5, Block 3 in Tagarelli Subdivision to construct 8 affordable single-family homes for low income families. A zoning of Residential Planned Development “Eleven” (RPD-11) is recommended. Currently, the subject lots are zoned Multiple-Family Residential "Twelve" (RM-12) and have a Land Use Plan Classification of Residential Medium. Surrounding properties have a compatible Future Land Use Plan Classification of Residential Medium. Properties North, South, and East of the subject lots are zoned Multiple-Family Residential "Twelve" (RM-12) while properties to the West are zoned Multiple-Family Residential "Twenty-Four" (RM-24). The proposed Zoning Atlas Amendment is requested to permit the construction of 8 affordable homes in the area. The combined lots measure 39,536 square feet (0.91 acres). Establishing a new RPD (Residential Planned Development) district requires 4 acres or more. RPD-11 is proposed to provide an alternative method of land development in this neighborhood to accommodate a comprehensively planned development project. The proposed development will be consistent with the Concept Plan approved by the City Commission. The zoning request would be consistent with the surrounding land use patterns and is in character with the neighborhood. Rezoning will provide the applicant flexibility to accommodate the buildings with exceptional setback requirements. The development project will contribute positively to the City’s development/redevelopment. On November 18, 1997, the Planning & Zoning Board voted to endorse the request. In response to a question, Ms. Glatthorn said each lot will be approximately 5,000 square-feet. In response to a question, Mr. Ferri said his department has committed a $90,000 loan. He estimated project infrastructure costs at $24,000. Commission members requested copies of the tape of the November 18, 1997, Planning & Zoning Board meeting. In response to a question, Ms. Glatthorn said opposition to the project had been based on an interior roadway width and a sidewalk waiver for 3 interior houses. Mr. Ferri said the Traffic Engineer supports the plan. He recommended approval of this affordable housing project. Concern was expressed the development is smaller than the 4-acre minimum established for RPDs. Ms. Glatthorn said the request represents a reduction in density. In response to a concern, staff will report on the size of the lots. In response to a question, the City Attorney will recheck the Planning & Zoning Board’s quorum requirements. The Commission recessed from 10:08 to 10:22 a.m. PW PUBLIC WORKS TBNEP (Tampa Bay National Estuary Program) - Interlocal Agreement with TBNEP; Res. #97-59 - approving Interlocal agreement regarding the TBNEP; approving the City’s proposed nitrogen management Action Plan, and authorizing its submission The TBNEP (Tampa Bay National Estuary Program was established in 1991, to assist in developing a comprehensive plan to restore and protect Tampa Bay. Through local sponsor agencies, the USEPA (U.S. Environmental Protection Agency) administers the program, one of 28 established under the Federal Clean Water Act. Since its inception, the City, in cooperation with TBNEP and 12 governments and Federal and State agencies, has developed and funded programs and projects to protect Tampa Bay including active memberships: 1) Technical & Citizen Advisory Committees; 2) TBNEP Nitrogen Management Consortium; 3) TBNEP Management Committee; and 4) the TBNEP Policy Committee. On April 4, 1997, the TBNEP Policy Committee adopted the plan to protect Tampa Bay. Implementation of the plan by Interlocal Agreement emphasizes regional cooperation and regulatory flexibility which will allow all parties to the agreement to select cost-effective and environmentally beneficial bay improvement options for their communities, as long as the plan’s goals are being met. Under this agreement, it is the City’s responsibility to “assure effective and timely implementation of recommended actions and to adjust strategies as needed in the future” to keep the Bay recovery on track, through: 1) determine goal attainment strategies; 2) develop an Action Plan within 2 months of the effective date of the Interlocal Agreement; 3) appoint a City liaison to the new TBNEP entity; and 4) conduct an annual review and where appropriate, provide action plan supplements to the TBNEP entity. To meet City obligations under the Interlocal Agreement to develop a 5-year Action Plan, staff recommends submitting projects and programs already approved for development by the Commission or completed by the City since 1995. Only construction of the Allen’s Creek Rehabilitation Project at Lakeview Road and Hercules Avenue will require Commission approval. Implementation of the recommended projects will exceed the City’s nitrogen management goal for nitrogen reduction (0.22 tons) by 634%. The City has made an annual contribution of $8,406 to the program and has budgeted that amount for FY (Fiscal Year) 1997/98. The level of contribution will remain at this level for the next 2 years, subject to Commission approval. Assuming the same level of funding is required in FY 2000/01, it is expected the City’s annual contribution will increase to approximately $20,200 due to the anticipated loss of Federal funding in 2000. Responsibilities of the NEP (National Estuary Program) include: 1) coordinate the development and review of Action Plans; 2) report on conditions and trends in Tampa Bay; 3) secure grants for local governments; 4) coordinate outreach programs to promote public involvement in bay clean-up; 5) determine when restoration goals have been met and develop plan to prevent backsliding; 6) oversee research of atmospheric deposition; and 7) facilitate resolution of conflicts. TBNEP Executive Director Dick Eckenrod introduced project participants Roy Harrell, Jr. and Dr. Renu Khator, of USF (University of South Florida) Institute of Government. He reviewed the TBNEP Interlocal agreement. The Agreement’s objective is to ensure implementation of the CCMP (Comprehensive Conservation & Management Plan) for Tampa Bay, developed through years of community efforts at a cost of millions of dollars. Mr. Eckenrod said the process used to reach the agreement was based on participation, dialogue, & consensus building: 1) individual stakes identified - facilitators met with parties to identify individual interests; 2) common stakes identified - facilitators held 7 meetings with TBNEP Management Committee to build consensus around common issues; 3) integrated stakes identified - facilitators held 5 meetings with Management Committee to draft & edit the Interlocal agreement. Discussion also addressed TBNEP administration, the definition of regulatory flexibility, & the role of the EPA; and 4) consensus document approved by Management & Policy committees. Mr. Harrell said the 15 signatory parties had committed as a group to adopting a binding agreement. The parties include: 1) City of Clearwater; 2) City of St. Petersburg; 3) City of Tampa; 4) FDEP; 5) FDEP Marine Research Institute; 6) Florida Game & Fresh Water Commission; 7) Hillsborough County; 8) Hillsborough County Environmental Protection Commission; 9) Manatee County; 10) Pinellas County; 11) SWFWMD (Southwest Florida Water Management District); 12) Tampa Port Authority; 13) TBRPC (Tampa Bay Regional Planning Council); 14) USEPA (U.S. Environmental Protection Agency; and 15) U.S. Army Corps of Engineers. The agreement wraps around the plan to clean up Tampa Bay. He indicated no other NEP (National Estuary Program) has a binding agreement. He said the signatory parties had made many compromises but worked together to achieve a common goal. Key features of the plan include the range of signatory parties and the resulting development of a practical & “living” document which: 1) adopts measurable & achievable goals for bay restoration. The City has plans in place to meet its commitment to reduce nitrogen discharge into the Bay; 2) establishes perpetual term with “sundown” review every 5 years; 3) provides for withdrawal with 180 days notice & new membership by a unanimous vote of the Policy and Management Boards; 4) immunity from liability provided by Chapter 163.01, Florida Statutes; and 5) focuses on flexibility, accountability, & cost-effectiveness. He said the process will be strategic and flexible: 1) each party to submit action plan & supplemental details. Existing projects are grandfathered; 2) joint review of each plan to occur; 3) permitting at request of local governments to be streamlined. Agreement to be cooperative, not regulatory; and 4) comprehensive multi-party permitting agreements to be developed under Ecosystem Management Law. The agreement is designed to be cost-effective and accountable. Plans are to maintain the existing NEP staff and contract administrative services with a 3rd party under a separate service provider agreement. The structure of the Policy and Management boards will be retained with minor changes. All fiscal and managerial responsibility and accountability to be placed with the Policy Board. The agreement also outlines entities’ “shared” funding commitments. In response to a question, he indicated Clearwater’s funding requirements will not increase until Federal funding is phased-out. It was noted the funding level is based on the City’s population. Assistant Director of Engineering/Environmental Tom Miller reviewed advantages of the agreement: 1) restores & protects Tampa Bay; 2) benefits public welfare by addressing toxic hot spots and protecting the public health; 3) exhibits positive public relations; 4) streamlined permitting will reduce time and costs; 5) encourages consistent regional planning; 6) complies with the City’s Comprehensive Plan; 7) supplies cost effective data collection; 8) furnishes grant-funding assistance; 9) grants the City a voice in regional issues; 10) credits the City for its planned CIP projects; 11) satisfies future TMDL (Total Maximum Daily Load) requirements. Through this agreement, the City only will be required to meet levels committed to by the TBNEP, not the greater levels that the USEPA could impose; and 12) allows the City to withdraw its membership at any time. Mr. Miller said disadvantages of the agreement include: 1) its cost; 2) the addition of new reporting requirements; 3) a required link to NPDES (National Pollutant Discharge Elimination System) permits; 4) requirement to modify City’s comprehensive plan; 5) potential for additional CIP and operating costs; 6) if the City does not fund the program or capital improvements necessary to meet Clearwater’s commitment under the agreement, TBNEP could vote Clearwater out of the association of governments, which could be politically disadvantageous or publicly embarrassing.; and 7) if the City could fail to meet its TMDL requirement. In response to a question, Public Works Administrator Rich Baier said currently the reporting is done manually. Staff is working to coordinate this project with the GIS (Geographic Information System) under development. In response to a question, Mr. Eckenrod said at the end of 2000, Federal funding through the EPA is expected to cease. Those costs will be distributed among other members. In response to a question, he said the Tampa Port Authority will comply with the agreement but not fund it. In response to a question, Mr. Harrell said the new organization cannot commit to liabilities. In response to a question, he said budget approval for the organization requires a unanimous vote by the Policy Board, on which Clearwater has a seat. The City Attorney indicated the organization does not provide liability coverage for individual parties. Mr. Harrell said a quasi-entity had drafted the agreement. In response to a question, Mr. Baier said staff will indicate if TBRPC’s underwriting costs will increase if that organization is not contracted for administrative support. It was indicated TBRPC’s bay management program will act as a policy advisory committee. Mr. Eckenrod said TBRPC provides an important function in the area. That function differs from the NEP which will focus on implementing the plan. The NEP is a consortium of governments and agencies. This is the first presentation regarding the agreement. Without unanimous approval, the plan will not work. It was felt the City Commission should consider the agreement. The City Attorney said the resolution will be contingent upon all parties approving the agreement. Res. #97-61, #97-62, & #97-63 - authorizing grant applications for three landscaping projects on SR 60 Three grant applications will be prepared to fund landscaping on SR 60: 1) medians between US 19N and Highland Avenue; 2) South right-of-way from McMullen-Booth Road to the WPC (Water Pollution Control) Plant; and 3) both sides of road from end of previous beautification effort to the Welcome Center on the North and the WPC Plant on the South. Maximum grant funding of $150,000 for each project includes plant materials, fertilizer, soil amendments, an irrigation system, and labor to install the plantings. In-kind labor for planting or the establishment period, water, and plant materials count as the required 50% match. After execution of each agreement, the City will have 1 year to complete each project. Agreements between the City and FDOT will be signed within 90 days of July 1998. FDOT will pay their portion when the projects are complete. The City will enter into a 10-year maintenance memorandum of agreement with FDOT, requiring the projects to be watered, weeded, mulched, trimmed, pruned, and free of diseased plants. In response to a question, Mr. Baier said the City will finance the 10-year maintenance agreement. The City Manager noted no landscaping currently exists at these locations. In response to a concern, the City Manager said FDOT does not want to be responsible for maintaining extensive landscaping but is willing to pay for the installation. It was questioned if the City has requested some maintenance dollars from FDOT. The City Manager indicated FDOT has questioned staff regarding the City’s long range plans for the road. Staff will indicate what they think FDOT’s share should be. It was felt the amount currently spent by FDOT should be the minimum approved. In response to a question, Mr. Baier said currently, FDOT only maintains the paved portion of the Memorial Causeway. He felt available grants fund the landscaping of interchanges but not maintenance. It was noted FDOT must retain its responsibility for the upkeep of Gulf-to-Bay Boulevard. In response to a question, staff will report on the estimated cost to maintain these 3 landscaping projects. Public Hearing - Amendment to minimum bid amount in the 07/17/97 declaration of surplus real property, 103 East Avenue, Gould & Ewing’s Sub., Blk 15, Lots 8-11, from $106,000 to $90,000 as determined by appraisal update performed 10/23/97; authorize Purchasing Manager to reissue an invitation to bid On July 17, 1997, the City Commission declared real property at 103 East Avenue as surplus to City needs for the purpose of offering it for sale at the minimum bid amount of $106,000, which was determined by a September 6, 1996, appraisal performed by Sawyer and Associates. A June 10, 1996, appraisal performed by James Millspaugh, MAI, which valued the property at $60,000, was considered conservative. On August 1, 1997, the Purchasing Manager issued an Invitation to Bid with the minimum bid established at the $106,000 valuation. On the September 25, 1997, bid opening, no bids were received. Since it was declared as surplus, 12 parties have received the bid information package. Of 8 parties who inspected the premises, several expressed interest. All indicated the property requires substantial remodeling expenditures. Staff contacted both appraisers for updates. Mr. Sawyer was unable to oblige due to his workload. Mr. Millspaugh undated his 1996 appraisal and concluded the current minimum value of the property is $90,000. Staff believes a minimum bid amount of $90,000 more accurately reflects the current market and would likely attract a purchaser. In response to a question, staff will report on the property’s valuation on the tax rolls. First Reading Ord. #6220-98 - Refines original ordinance establishing a Residential Reclaimed Water System; amending various secs. In Ch 32, creating Secs. 32.381 and 32.382; and amending Art. XXV(3) and (4) Public Works - Fees, Rates and Charges The Code of Ordinances regarding the Reclaimed Water System was developed prior to creation of the document “Policies and Regulations for Reclaimed Water Service” that customers must read and endorse prior to receiving reclaimed water service. The recommended amendments update the Code or Ordinances by clarifying or modifying issues related to providing or receiving reclaimed water service. The amendments include the establishment of charges for turning on reclaimed water service and for re-inspections of customers’ private water systems prior to activating reclaimed water service. In response to a question, Mr. Baier said the City will remove the meters for outdoor irrigation in areas with reclaimed water service. In response to a concern, staff will review the language regarding the potability of reclaimed water. Mr. Baier said residents in areas piped for reclaimed water will have the option to not hook up the system even though they will be charged an availability fee. Areas to be served do not have shallow wells. Concern was expressed residents with reclaimed water will have to fill their swimming pools with regular water which is charged a sewer supplement. Water Superintendent Tom Hackett said the rate structure will be reviewed, including a cap on the sewer charge. In response to a question, Mr. Baier said outdoor faucets normally flow through the main meter. In response to a question, he said the golf courses are exempted from this ordinance until current litigation regarding one of the courses is resolved. The City is not required to provide the service. In response to a question, the City Manager said State law caps the surcharge for serving areas outside the City limits at 25%. Public Hearing & First Reading Ord. #6214-98 - Vacating 30’ r-o-w of Alden Avenue, lying between Lots 5 & 6, Blk 1 and Lots 1-4, Blk 2, R. H. Padgett Sub. (Jones, Silver & St. Matthew’s First Missionary Baptist Church, Inc., V97-17) Betty Jones, Joyce Silver, and St. Matthew’s First Missionary Baptist Church, Inc., request vacating the 30-foot right-of-way on Alden Avenue addressed as 715 Seminole Street. This portion of right-of-way is not paved. Several homes abutting the East and West rights-of-way use it for vehicular traffic. Morton Plant Hospital is purchasing the land and plans to raze the subject homes to construct a parking lot for the new Family Practice Center. The City’s water main and sanitary sewer line are within the right-of-way. GTE Media Ventures has facilities in the right-of-way and does not object to the vacation as long as they receive $1,500 to relocate their facilities. Florida Power, GTE, and Time Warner do not object to the vacation. Public Works Administration has no objection to vacating the right-of-way provided it is retained full width as a drainage and utility easement and Morton Plant Hospital deposits $1,500 is an escrow account for the relocation of GTE Media Ventures facilities. In response to a question, Mr. Baier said the $1,500 deposit is the sole responsibility of Morton Plant Hospital. Staff will check to see how neighbors of the project had been contacted. CM ADMINISTRATION Authorize partnership with North Ward Elementary School; authorize preparation of Interlocal agreement with Pinellas County Schools Pinellas County Schools has designated North Ward Elementary School as a Partnership School. North Ward, established in 1915, has a strong alumni group. The City proposes to form a partnership with the school that allows children of staff, who do not live in the district, to attend the school. Concern was expressed regarding the suggestion that the City pay the school $5,000 annually plus provide in-kind services. Deputy City Manager Kathy Rice said the cash payment would cement the bond between the City and school. Concern was expressed the City not establish a precedent by providing a cash contribution to a school. It was noted Clearwater High School has a financial need to repair its gymnasium. It was suggested the City instead, increase its in-kind contribution by $5,000. The City Manager pulled the Item and indicated it will be agendaed in January with staff recommendations. Close out of Municipal Services Complex In his November 26, 1997, memorandum regarding the MSC (Municipal Services Complex) Construction Project, Assistant City Manager Rick Hedrick listed major project enhancements: 1) $253,000 - security access system - Police Building; 2) $137,000 - holding cell area supercharged - Police Building; 3) $99,000 - increase emergency generator capacity & provide addition to house; 4) $88,000 - Traffic Control Computer - Municipal Services Building; 5) $88,000 - electrical requirements for systems furniture - Municipal Services and Police buildings; 6) $87,000 - street conduits to accommodate fiber optics system; 7) $69,000 - construct utility drive-through & building for generators & fire pump; 8) $41,000 - lightning protection system - Municipal Services and Police buildings; 9) $33,000 - increase PBX capacity - Police Building; 10) $31,000 - TV studio - Municipal Services Building; 11) $28,000 - Police CCTV system - Police Building; 12) $24,000 - privacy wall to shield child care center - Police Building; 13) $22,000 - window blinds - Municipal Services and Police buildings; and 14) $16,000 - add mailboxes and modifications to mailroom - Police Building. The proposed capital project management system will: 1) accurately develop the scope, schedule, and cost of every project, value engineer the project, and budget accordingly; 2) divide capital project to Engineering Department for projects greater than $1-million and to General Services for projects less than $1-million; 3) enhance finance and accounting system to provide checks and balances for contract management and accounting; and 4) provide for on-site inspection for all projects. AND Approve transfer of $410,300 from the General Fund to the MSC project for funding of construction expenditures; approve transfer of $410,300 in interest earnings on bond proceeds from the Improvement Revenue Bonds Construction Fund to the Improvement Revenue Bonds Debt Service Fund for payment of principal and interest on the bonds, previously budgeted to be funded from General Fund revenues From the time the bonds were issued in February 1995, through September 30, 1997, unspent bond proceeds have earned $751,366.78 in interest which was deposited in the Bond Construction Fund. Interest earnings of $341,000 previously were transferred to the Improvement Revenue Bonds Debt Service Fund and a corresponding amount transferred from the General Fund to the Improvement Revenue Bonds Construction fund for Consultant Services (High-Point Rendel - $100,000) and miscellaneous parking rentals and other non-construction project expenditures of $241,000. A first quarter budget amendment will reduce General Fund debt service transfers by $410,300 and increase transfers to the Capital Improvement Program project by $410,300. AND Authorize city staff to approve C.O.#s 3, 4, 5, 6, & 7 to contract with Creative/Beers for the MSC to decrease the Guaranteed Maximum Price (GMP) by a net $4,491,795 from $16,087,295 to $11,595,500; and to provide additional project funding of $442,405 from Special Development Fund unreserved fund balance Staff recommends approval of Change Orders: 1) #3 - $89,123 for additional dewatering costs and related project delay for Parking Garage; 2) #4 - $21,684 for asbestos removal from the old Police Headquarters; 3) #5 - $32,273 for additional soil compaction costs and related project delay for Parking Garage construction; 4) #6 - ($4,281,746) reductions including $5,654,500 for materials purchased directly by the City, $8,000 for stormwater drainage revision cost savings, and $175,000 for the deletion of the Print Shop and retail space in the Parking Garage, and offset by $1,180,252 in scope increases, including $325,000 for extended general conditions, and $50,502 for general contractor bond, general liability insurance, and fees on the scope increase. Scope increases were not anticipated in the initial design of the Municipal Services Complex and were added during the construction process. General conditions were extended due to project delays related to scope increases; and 5) #7 - ($353,129) credit for savings due to a GMP (Guaranteed Maximum Price) that exceeds actual and estimated costs. Savings in excess of $353,129 are anticipated and will be returned to the City upon completion of the project after all payments are made and total costs are known. The GMP credit guarantees this savings credit to the City but does not preclude the City from additional savings at completion. Appendix A includes a settlement agreement with Creative/Beers that affirms no additional increases to the construction budget and/or GMP will occur. The change orders will increase the project construction budget by $1,162,705. Unallocated project budget and budget savings of $310,000 in other project budget categories is available as an offset for this increase. Interest earnings of $410,300 on project funding also is available for funding. Staff proposes to fund the remaining $442,405 from Special Development Fund unreserved fund balance. AND Authorize staff to approve an increase in the architectural agreement with Rowe Architects in the amount $199,501 due to project scope increases and related project delay, to be funded from available project funding The proposed $199,501 increase to the current architectural contract amount of $1,568,890 would result in a total architectural contract with Rowe Architects of $1,768,391. Rowe Architects requested the fee increase due to additional services provided outside the original project scope. The increase reflects a negotiated settlement with Rowe Architects and no additional architectural fees will be charged for this project. An adequate project budget is available to fund the increase. AND Approve Settlement Agreement with Rowe Architects, Inc., contingent upon Commission approval of a related increase in the Rowe contract per the prior agenda item The Settlement Agreement with Rowe Architects is intended to ensure no additional project funding will be necessary upon approval of the related agenda item for an increase in the Rowe contract for architectural services. Assistant City Manager Rick Hedrick reviewed the proposed settlement. He reported the Municipal Services Complex parking garage is scheduled for completion in January 1998. The negotiated settlement reflects expenses related to delays. He said $200,000 in General Funds are requested in addition to funds available from interest earnings. The request is to amend the budget, approve 3 fund transfers, and amend the GMP from $16,087,295 to $17.6-million. The contractor said changes to the original scope increased the project’s cost by more than $1-million. The first change did cut $1-million from the project. Items added to the scope included providing tighter security in the Police Department Building. Mr. Hedrick said with engineered cost savings and on-time completion, staff had determined the project would come in within budget. Two principals from the project are no longer attached to it. Former Assistant City Manager Bill Baker had resigned and the architect, Dean Rowe, is deceased. The project’s accounting is complex. Without the delays, Mr. Hedrick felt the project would have come in within budget. Many delays were due to changes and modifications requested by the City. Mr. Hedrick said the accounting procedure in place had provided insufficient information to make fact based decisions. He felt the value of the complex is greater than $18-million. In response to a question, he said the final GMP represents a net reduction due to purchases by the City, etc. The contractor submitted CCDs (Construction Change Directive) and alluded to delays without providing details. Mr. Rowe did not account for delays as he thought savings would offset the added costs. In response to a question, Ms. Simmons said the Special Development Fund includes interest earnings and funds with designated purposes. Jay Fortune, of Creative Beers, said upgrades to the holding cells included electronically controlled sliding doors. In response to a question, Tom Hammer, of Rowe Architects, said the original furniture had minimum electrical requirements and required upgrade. The City Manager noted the buildings’ electrical systems have reached capacity. In response to a question, Mr. Hammer said the generator has a weatherproof cover and was designed to be outside. In response to a question, he said window treatments were value engineered out of the project then added back. The Television studio represents an upgrade. In response to a question, he said lightning protection had been value engineered out. In response to a question, Mr. Hedrick said the City had approved every enhancement. A final agreement with Creative Beers is part of this close-out. Warranties went into effect when staff moved into the buildings. In response to a question, Mr. Hedrick said this agreement does not waive any of the contractors’ warranty responsibilities. In response to a question, he said architectural costs cover work done on the entire project. Mr. Hedrick reviewed a proposed project management system designed to avoid any “after the fact” surprises. Problems related to the Municipal Services Complex project could have been avoided had a central check procedure reviewed all department requests for scope changes. In response to a question, he recommended contracting an outside construction management firm to handle on-site inspections on future projects. It was stated it is imperative that on-site inspections be independent. The City Manager said this step will be expensive but will result in cost savings. Mr. Hedrick recommended a procedure whereby representatives of the City Manager’s Office, City Attorney’s Office, and Accounting Department form a team to review programming and sign off on all projects. A Capital Improvement Project team will work with affected departments regarding their needs and concerns. The City Manager thanked Mr. Hedrick and Controller Jay Ravins for their outstanding job in resolving these issues. He reported the contractors were cooperative in reaching this resolution. Legal staff also was extremely helpful. Authorize issuance of a RFP/Q (Request for Proposals and Qualifications) for Annex Site - 14.3 acres The RFP/Q (Request for Proposals and Qualifications) for the Downtown Eastern Corridor Property is a step forward in the downtown revitalization process. Clearwater wants to offer a prime location in its Central Business District, eastern corridor subdistrict for a commercial, office, residential, recreation, and/or a mixed use development on the subject 14.3 acres. The preferred development will be evaluated for: 1) development proposal; 2) developer’s qualifications; 3) economic benefit to Clearwater; and 4) respondent’s financial capability. The RFP/Q is being issued to generate interest in the annex site during a time of significant economic growth activity and encourage a “catalyst development” at the annex site. This type of project has the potential of stimulating other development and redevelopment ventures. The City Attorney indicated the CRA will issue the RFP/Q. In response to a question, Assistant City Manager Bob Keller said the current marketplace is different than in the past. The City has received some serious inquiries regarding the subject property. The pollution clean-up is underway. This proposal is part of a larger downtown strategy. Support for locating the new main library on this site was expressed. The property’s current value was questioned. Concern was expressed sufficient discussion regarding this issue had not occurred previous to its inclusion on the agenda. It was noted the RFP may attract no interest. Mr. Keller said the proposed RFP/Q does not preclude use of the site for the main library. Concern was expressed dust is blown from the site during windy weather. The contractor will be advised to resolve that situation. OTHER CITY ATTORNEY ITEMS Consider settlement of MCEB (Municipal Code Enforcement Board) lien (case #42-94) - Ed & Belinda Young - property at 607 N. Osceola Avenue The City Attorney reported the MCEB (Municipal Code Enforcement Board) had denied the Youngs’ request for a reduction of the lien due to the time it took for them to comply with City code. It has been recommended lien monies be invested in the property’s upkeep. In response to a question, the City Manager said the lien resulted from fines incurred by the Youngs when they did not obtain the occupational license required for the property’s rental units. In response to a question, the City Attorney indicated an additional lien was recommended to cover repairs to wood damage and paint. The City Manager had expressed concern regarding the deterioration of the property. Requests were made for information on the appraised value of the property, the cost of this issue to the City, and the amount of the daily fine. City Manager Verbal Reports Special Projects Coordinator Scott Shuford reviewed 4 major projects: 1) Downtown Redevelopment; 2) Clearwater beach redevelopment; 3) Gulf-to-Bay Boulevard; and 4) Land Development Code revisions. The projects are being developed cohesively with linkage issues being addressed. Between 30 and 40 people from key groups had been invited to the plan’s roll-out on December 8, 1997, at the Harborview Center. The roll-out meeting will be noticed as a Special Work Session. This will be the first of many discussions regarding these projects. Commission Discussion Items Charter amendment re leasing open space/recreation property The City Attorney reviewed several options for the Charter amendment proposed regarding leasing open space/recreation property. Both options change the date in the original language to reference property designated as open space/recreation as of November 16, 1989. The options differ: 1) allows lease renewal for existing uses only and 2) allows recreation and accessory uses for which property is developed. She said the amendments would protect current uses, not current tenants. In response to a question, the City Attorney said Option #1 would not address a change of use of the Jack Russell Stadium property if the City built a new stadium on another site. Under Option #2, the City could build a recreation facility on that site and lease it to a private operator. Neither option applies if the City owns and operates the recreation facility. A referendum would be necessary before a non-recreation use could be constructed on that site. In response to a question, the City Attorney said the City could lease the property for recreation use under a public/private partnership. The City Manager indicated such a proposition would not work with a 30-year lease. In response to a question, the City Attorney reported renewal of the Head Start lease will be included on the March 1998, referendum. Other Commission Action Commissioner Clark questioned how contractors are chosen to mow unkempt properties. It was indicated contractors submit bids to provide this service. Commissioner Clark requested an update on the property at 1970 Rainbow Drive. The City Attorney indicated the case had returned to court. She will report further. Commissioner Hooper said it was a pleasure to meet the City Manager’s parents. Commissioner Hooper recommended endorsing Terry Byrd for appointment to the Parole Commission. Consensus was to support such an endorsement. Commissioner Hooper requested staff review concerns by Clearwater beach hotel owners regarding the legitimacy of displaying foreign handicapped permits on vehicles. Commissioner Johnson questioned a complaint regarding the November 20, 1997, meeting. The Mayor said she had explained the difference between public hearings and public meetings before Anne Garris addressed the Commission. Her intention was not to prevent Ms. Garris from speaking. Commissioner Seel reported Pinellas County had allocated an additional $400,000 for a malfunctioning retention pond at the Bayside Bridge. She noted the City’s interest in the property for a park. Mayor Garvey expressed concern the Destination 2000 brochures were conceived and printed without City Commission input. The City Manager said the flyer is a draft and does not presuppose any decisions. He felt it important to consider a variety of ideas during the next few months. Adjourn The meeting adjourned at 12:57 p.m.