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07/13/1998CITY COMMISSION WORK SESSION CITY OF CLEARWATER July 13, 1998 Present: Ed Hooper Vice-Mayor/Commissioner J. B. Johnson Commissioner Robert Clark Commissioner Karen Seel Commissioner Absent: Rita Garvey Mayor/Commissioner Also Present: Michael J. Roberto City Manager Richard L. Hedrick Deputy City Manager Bob Keller Assistant City Manager Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Gwen Legters Board Reporter The meeting was called to order at 1:00 p.m. at City Hall. Three service awards were presented to City employees. Kenneth Szuba, Public Works Administration, was presented the July 1998 Employee of the Month award. The Commission recessed from 1:09 to 1:21 p.m. to meet as the Pension Trustees and the Community Redevelopment Agency. PRESENTATIONS Ernst & Young LLP - auditors John De Santo, Ernst & Young Audit Manager, read the audit opinion into the record, stating the City received a “clean” or “unqualified” rating, the highest that can be given. He said audit standards require the auditor to ensure the Commission receives additional information regarding audit scope and results to assist the Commission in overseeing management’s financial reporting and disclosure process. Mr. De Santo reviewed required communications from the firm’s May 18 Report to the City Commission. He thanked the Finance Department for assistance provided. City Manager Michael Roberto and Finance Director Margie Simmons responded to questions regarding cost containment measures, a formal equipment plan for 2000, and arbitrage rebate calculations. PUR PURCHASING Wheeled Coach Industries, Inc., one 1999 Ford F-450 Type 1 Ambulance, to be used throughout City by Fire Dept. EMS, $96,310; funding to be provided under City’s Master Lease-Purchase Agreement (FD) Fire Department Administrative Support Manager Bob Lockwood responded to a question, stating one ambulance is being purchased under this item, and a second ambulance is proposed under a Fire Department item, because the department has asked for more money in the Capital Improvement Program (CIP) budget effective October 1, 1998. Dell Computer, Inc., misc. computer hardware, to be used by city departments upgrading through Enterprise Network Phase II project, $130,306.36; funding to be provided under City’s Master Lease-Purchase Agreement (IM) George Denty, Information Management Systems and Technical Services, listed for which departments the proposed 42 pentium computers are being purchased. Capabilities of the computers were reviewed. Waste Collection Services, increase funding from $24,000 to $34,000, roll off removal service during remaining portion of contract ending 9/30/98; increase necessary due to greater than normal requirements caused by El Nino storm season (PW) Water Pollution Control Superintendent Joe Reckenwald briefly explained the roll-off removal process, stating each plant has its own roll-off container. Golden Mark Maintenance, custodial service for MSB, Marina & Sailing Center, 8/1/98-7/31/99, est. $65,000 (GS) National Building Maintenance, custodial service for City Hall, Gas Operations Complex, Gas Sales Office, Graphics Building & Marshall Street WPC Building, 8/1/98-7/31/99, est. $40,000 (GS) Purchasing Manager George McKibben responded to questions, stating the reason for more than one custodial service maintenance contract is because better rates can be obtained by bidding in groups by building location. Building and Maintenance Supervisor Jim Wood said the recommended bidder offers better rates and service than the current service. BU BUDGET Adopt tentative millage rate of 5.1158 mills for Fiscal Year 1998-99 and set public hearings on the budget for 9/3/98 & 9/17/98 to be held no earlier than 6:00 p.m. In accordance with the TRIM Bill process, it is necessary for the City Commission to adopt a tentative millage rate prior to finalizing and adopting the Budget. The tentative millage rate will be included in the TRIM Bill notices sent to taxpayers in early August and cannot be increased without special mailing. The City Manager’s recommended millage rate of 5.1158 mils is the same millage rate adopted for the current year. The rolled back rate, according to State definition, is the millage rate which will provide the same ad valorem tax revenue levied the prior year. If the recommended rate of 5.1158 mils is adopted, the City’s ordinance adopting the millage rate will reflect a 3.13% increase over the rolled back rate of 4.9607 mils. If an individual’s property value has not increased, no increase in Clearwater’s share of property tax would result. This will be the eighth consecutive year the millage rate remains at 5.1158 mils. The last millage rate increase was nine years ago in FY 1990/91. Budget Director Tina Wilson stated in response to questions, the proposed 3.13% increase over the rolled back rate will amount to more than $800,000 in additional property tax revenue, for a total of more than $21million ad valorem revenue. The Pinellas County Property Appraiser has indicated home values may increase about 3%, which would increase the tax bill. FD FIRE Purchase two transport-capable Emergency Medical Service rescue vehicles from Wheeled Coach Industries, $303,990; authorize lease-purchase through City’s lease-purchase agreement Two non-transport capable medical rescue units have exceed 5-year life expectancy and need replacement. The new vechicles will provide the existing paramedic services and have transport capability to : 1) allow movement of patients in time-critical events, and 2) permit carrying of gear for emergency water rescue efforts. Deputy Fire Chief Brian Baldwin responded to questions, stating old vehicles will be sent to surplus because they are beyond useful life. This is the lowest bid that met specifications. Bob Lockwood stated the department is seeking approval of this item prior to approval of the proposed FY 1998/99 budget due to the 18-month lead time for ordering this type vehicle. Receipt of $2.8 million from the County for the EMS system is anticipated. He said non-essential items deleted from the original bid were optional features included by the manufacturer. Interlocal Agreement for Fire Dept. participation in joint venture to study the feasibility of providing Emergency Medical Services (EMS) transportation services throughout Pinellas County, at a cost between $16,768 and $24,855 (Consent) The City of Largo, in conjunction with the City of St. Petersburg, City of Clearwater, and Pinellas County, issued an RFP to fund a feasibliity study to determine if the Fire/Rescue Departments in Pinellas County can provide a single-response EMS system with Advanced Life Support (ALS) services that is as effective and competitive as the current dual-response EMS system with ALS transport services. The consultant will develop cost analyses and operational models for each of the following transport service options: 1) Fire/Rescue Departments providing fully-integrated emergency and non-emergency transport services, including critical care transport (CCT) service; 2) Fire/ Rescue Departments providing fully-integrated emergency and non-emergency transport services and a separate provider performing CCT; and 3) 1) Fire/Rescue Departments providing only emergency transport services and a separate provider performing non-emergency and CCT service. The study is to be conducted in four phases, with the County participating only in Phase 1. The four phases are: 1) Feasibility; 2) Identify standard performance benchmarks for EMS transport services; 3) Develop an implementation plan to transition from the current dual-response system to a single-response system; and 4) Prepare a response for the Fire/Rescue Departments to submit to Pinellas Counthy for EMS transport services. Three of the six RFP respondents, proposing study costs ranging from $209,175 to $295,320 for all four phases, have been selected to make presentations on July 13, 1998. Approval is being sought only for the first phase, the feasibility study, at a cost of between $16,768 and $24,855, depending on the consulting firm selected. Further efforts to proceed will depend on results of the feasibility study and receipt of additional approval. Completion of all phases will permit a joint response to a future County RFP to provide transport services in competition with other interested transport providers. In response to questions, Brian Baldwin said after the feasibility study, each City would need to evaluate whether to continue with the remaining phases. The cost to Clearwater could be another $136,000. There may be a way to recoup that funding. Staff would come back to the City Commission before proceeding with Phase 2. It is possible the decision would be made not to pursue the remaining phases. It is not the County’s decision whether to proceed with the single-response system; each city would be submitting an RFP to the County. Bob Lockwood reiterated this issue will come back if the study says the program would be beneficial to Clearwater. He noted it is possible to go through all four phases and not be awarded a contract. The City Manager said it was determined at the consortium meeting to go with these three cities because they have the biggest impact. In response to a question whether the County would put out a bid for first responder at the end of this contract Mr. Lockwood responded nine years remain on the ten year contract. HU HOUSING & URBAN DEVELOPMENT Approve City of Clearwater’s Fiscal Year 1998-99 Consolidated Plan The US Department of Housing and Urban Development requires all entitlement communities to prepare an annual statement identifying sources and uses of federal funding for housing, community and economic development, and to hold a public hearing on proposed uses of funds under the Consolidated Plan. Funding recommendations result from Neighborhood and Affordable Housing Advisory Board and Technical Review Committee evaluations. These evaluations are part of the Citizen Participation Plan approved by the City Commission in March, 1995. Clearwater's Consolidated Plan provides funding for public services, public facilities, housing rehabilitation, home ownership, rental housing development, fair housing, and economic development. Funding for these activities comes from the Community Development Block Grant, HOME, and the State Housing Incentive Partnership program. Consolidated Plan goals are to develop viable neighborhoods, provide decent, safe, and affordable housing, and to expand economic opportunities. Thirteen non-profit public agencies help achieve these goals. Clearwater Housing and Urban Development Director Alan Ferri said recommendation is to fund 18 of the 20 subgrantee applications received. Funding is $100,000 less than last year. Highlighting the Section 108 loan process, he said the plan does not obligate the City to apply for 108 housing, but notifies the Federal government the City intends to request financing to guarantee loans for projects increasing daycare facilities and creating additional low income housing. He reported the City currently is 500 slots short for needed day care; this will increase to over 800 as the welfare to work initiative progresses. The proposed funding recommendations will help address this need. In response to questions, Mr. Ferri said Clearwater Neighborhood Housing Services requested and Housing and Urban Development requested less money this year than last year. He explained the CDBG (Community Development Block Grant) entitlement process. The Homeless Emergency Project (HEP) was reclassified but the bottom line was not affected. The spread sheet will be corrected by Thursday. In response to a question, the City Manager said an issue regarding cleaning a lot obtained by the City has not been resolved. HR HUMAN RESOURCES Approve appropriation of approx. $996,820 from City’s premium stabilization fund for buyouts of union sick & vacation leave as agreed in negotiated contracts (Consent) Recent union contract negotiations call for payout to employees of accrued vacation and sick leave over specified caps. Approximate costs for the buyouts, as of the last full payroll for June 1998: CWA $82,790 vacation $384,570 sick leave; FOP 10 $19,950 vacation $102,060 sick leave; FOP Supervisors $31,270 vacation $167,870 sick leave; and IAFF $208,310 sick leave only. Totals are $134,010 vacation and $862,810 sick leave. Timing of buyout payments varies among contracts, but all payments must be made before October 1999. The City’s premium stabilization fund is the recommended funding source for the buyouts. In response to questions, Finance Director Margie Simmons said the City only pays 50% of accrued sick leave. Monies exist in the premium stabilization fund because it is difficult to forecast what premiums will be, estimates are set high and excess funds allowed to accumulate. Staff will investigate whether any excess premiums exist from Prucare and whether insurance premiums are expected to increase in 1999. First Reading Ord. #6308-98 - Amending City’s money purchase pension plan to provide a new employee contribution category for the Chief of Police The City of Clearwater currently contributes 6% of the Police Chief's salary to the Money Purchase Pension Plan, and 6% of his salary to the 457 Deferred Compensation Plan. Staff recommends amending the current ordinance to consolidate payments into one 12% contribution into the Money Purchase Pension Plan. The Chief of Police agrees with the recommendation. To facilitate the change, the City must adopt the First Amendment of Section 5.1 of the Plan to require a contribution on behalf of the Chief of Police in the amount of 12% compensation. This revision establishes a new employee contribution category for the Chief of Police. The recommended effective date of the action is August 1, 1998. In response to a question, Margie Simmons stated the Police Chief will be able to contribute to the 457 Deferred Compensation Plan with his own funds. City Attorney Pam Akin listed who may participate in the plan. PD POLICE Approve acceptance of 4-month grant for Fiscal Year 1997-98, for Clearwater Police Geographic Information System (GIS), from the FDCA/Drug Control and System Improvement Formula Grant Program, $13,471 (Consent) The City of Clearwater was awarded a $13,471 Anti-Drug Abuse grant June 2, 1998. The Police Department wishes to use the grant to enhance its second year GIS project with purchase of equipment and upgrades: 1) higher speed telephone lines, modems, and frame relay upgrades for six police substations, 2) new tape drive/backup unit to provide 24-hour GIS coverage by enabling full system backup without personnel and without having to go offline; 3) a designated personal computer for police officer GIS access; and 4) three printers to produce larger format printouts for GIS maps. Police Chief Sid Klein responded to questions, stating the amount received from the former GIS was not reduced. Staff will schedule a presentation regarding GIS capabilities. The City Manager said it is necessary to upgrade telephone lines because both buildings in the Municipal Services Complex are at capacity. The upgrade will provide data five times faster than the current lines. PR PARKS AND RECREATION Third Amendment to Agreement with Clearwater Shuffleboard Club, authorizing City to make an interest free loan of $15,000 to the Club to be used to enclose an additional 13 shuffleboard courts, at the Shuffleboard Complex at 1020 Calumet Street (Consent) The Clearwater Shuffleboard Club has requested a $15,000 interest-free loan to enclose 13 shuffleboard courts, for a total of 26 covered courts. Agreements approved in 1987, 1989, and 1992 relate to canopy, roof and siding improvements, and specific contributions. The Club has made timely payments on past loans and currently owes $5,000. The requested $15,000 loan will extend these payments to September 1, 2005. The club has contributed personally and financially to make the shuffleboard complex one of the best in the United States, and has hosted many prestigious national and international tournaments. Interim Parks and Recreation Director Art Kader responded to questions, stating loan payments would be applied back to the Special Development Fund, which funds the loan. Contract for Ross Norton Recreation Complex renovations to Clark & Logan, Inc., for $88,867 which includes base bid and alternate #3 (Consent) The community has requested renovations to the Ross Norton Recreation Complex basketball court and restrooms. Recreation staff reviewed the request and contracted with Bacon Design Group to develop plans and specifications. The contract includes demolition of the existing basketball court and restrooms, construction of a new basketball court, and installation of new restrooms. An alternate to the base bid would provide ceramic tile for restroom walls up to a height of approximately 4 feet. Approval is recommended now since the proposed new recreation center to be funded with Penny for Pinellas funds is not scheduled for construction until 2003. The basketball courts will remain after a new cetner is constructed. The project is scheduled for completion within 120 calendar days after contract award and execution. Art Kader reiterated new restrooms are needed to last until the new center is funded. Staff will determine whether the contractor can break down the lump sum bid to separate basketball court and restroom costs. The basketball court would be constructed outside. Contract for site development of Eddie C. Moore Park West to Keystone Excavators, Inc., for $654,800.03, including 10% allowed for contingencies and approve transfer of $73,000 at third quarter from other capital improvement projects This contract includes earthwork, clearing and grubbing, asphalt roadway paving, curbing, parking stops, concrete sidewalk and slabs, drainage features, water distribution, and sanitary sewer for three softball fields to be constructed west of the existing E.C. Moore Softball Complex. The contract also includes construction of about 4,900 linear feet of 10-foot wide asphalt path to complete a major section of the east/west recreational trail between Cliff Stephens Park and Del Oro Park. Once site work is complete, Parks and Recreation Department will construct lighting, fencing, dugouts, irrigation, grassing, infields, bullpens, bleachers, water fountains, landscaping and other amenities. City labor required to do this work is estimated at 3,460 hours. Financial summary of this phase: Softball field contract $440,322.28; Recreational path contract $214,477.75; Contract Total $654,800.03 (includes a 10% contingency amounting to $59,527.28); Lighting, fencing, irrigation, dugouts, etc. $275,100.00; Total revised project costs $929,900.03; Available budget $856,909.75; Shortfall $72,990.28. Funds to make up the shortfall will be transferred from Del Oro Park Renovations ($40,000) and Pinellas Trail Amenities ($33,000). These funds are available for transfer since the projects are being accomplished by other resources. Funding is requested in FY 1998/99 for a restroom building/shelter and maintenance building, at an estimated cost of $200,000. Art Kader said economic impact of individual softball fields has not been calculated, but impact of the whole program currently exceeds $4 million. The east/west trail would cross McMullen-Booth Road at the traffic light north of E.C. Moore Complex. He explained this item combines two projects by one contractor. The original estimate for construction of two ball fields and the recreational path was about $650,000. The restroom and storage building is coming forward as a separate item. Staff will bring back an estimate of City labor costs. Discussion ensued regarding how plans were changed to improve landscaping and facilities. While recreational path costs were felt to be expensive, Mr. Kader said part of the cost is for fill material as the path is alongside an environmentally sensitive site that must be protected. He said details of Lake Chautauqua will be coming forward for the August 20 meeting. PW PUBLIC WORKS Public Hearing - Find valid public purpose & declare surplus for purpose of conveying title by Warranty Deed to FDOT a parcel of city-owned r-o-w in Sec. 16-28-16 adjacent to existing southerly r-o-w line of SR586, between Landmark Dr. & McMullen Booth Rd. The FDOT (Florida Department of Transportation) has initiated a project to improve Curlew Road from 69th Street to State Road 584. To facilitate the project, the FDOT has requested the City transfer a portion of right-of-way. Section 2.01(d)(4)(iii) of the City Charter provides that surplus real property may be transferred to another governmental entity for less than appraised value after an advertised public hearing has been held and a finding by the Commission of a valid public purpose for the transfer. In consideration of the City conveying the right-of-way, the FDOT will include in the project, at FDOT expense, construction of a right turn acceleration lane eastbound from Landmark Drive onto Curlew Road. There are no utility accommodations to be made within the subject right-of-way at City expense. Conveyance of the proposed right-of-way will unify State ownership and responsibility for Curlew Road as well as provide a uniform corridor for the roadway along this portion of Clearwater' s northeasterly corporate limits. This item was denied at the last meeting with direction for staff to talk to FDOT regarding the pedestrian overpass proposed to be constructed in conjunction with this project. The City Attorney advised withholding the presentation and discussion until the public hearing Thursday night. Discussion ensued regarding rules for rescinding a previous Commission decision. Staff was requested to determine right-of-way width on Landmark Drive at Curlew Road, and to provide copies of a computer-enhanced photograph of the overpass. Jack King, FDOT, said $11 million has been allocated to this project. Impacts on the park and alternatives to taking park land for an overpass approach will be discussed Thursday. Contract for 1998 Tennis Court Resurfacing to D&B Tennis Courts, Inc., for $20,405 (Consent) Parks and Recreation Department has a rotating schedule for resurfacing and patching tennis courts. The proposed contract for FY 1998/99 includes resurfacing, patching, and installation of new net posts for all nine courts at McMullen Tennis Complex, 1000 Edenville Avenue. Resurfacing will restore playability of courts to original condition. Completion is scheduled within 90 days from contract award and execution. In response to a question, Art Kader said funding is in place using this year’s dollars. These courts were last resurfaced about five years ago. Public Works Administrator Rich Baier the contract it is being bid by Public Works instead of Parks and Recreation for diversity of bidder information. Lease with Head Start Child Development and Family Services, Inc., city-owned property at 701 N. Missouri Ave., New Country Club Addition, Blk B, Lot 12, and portion of Blk C, 5 year term commencing upon lease approval, and granting Lessee one 5 year renewal option, for total rent $1 and other good and valuable consideration (Consent) Head Start has leased the property since 1971, operating a preschool nursery for low income families and providing comprehensive child and family development services. During the most recent lease term, Head Start constructed an addition that allowed increasing program participation from 40 to 82 preschool children. Ordinance 6202-97 extending the Head Start lease for a term not to exceed 30 years was approved at the March 10, 1998, election. This lease is the same as previous Head Start leases except for a revision to Article IV, Section 3(a) providing that Lessee may, at its sole expense, and with written approval of the City Manager, replace the 1950-era residential type structure on the lease premises with a new structure approved through the City’s development review process. Head Start may terminate the lease upon: 1) default by the City, 2) extensive damage to the premises which would make restoration impractical; or 3) upon loss of program funding from the US Department of Health and Human Services. Among other lease provisions, the City may terminate the lease upon giving 60-day written notice to Head Start should the property be required for other municipal purposes. Questions were raised regarding whether CDBG or City funds were used to construct the building addition, and whether plans exist to replace the existing structure. Staff will determine the answers before Thursday. The meeting recessed from 2:41 to 2:57 p.m. Utility Rate Study Presentation First Reading Ord. #6309-98 - increasing residential & commercial Stormwater Utility rate by $1 per Equivalent Residential Unit (ERU) beginning 10/1/98 and establishing a series of 4 subsequent 4.3 per cent increases to be effective 10/1/99, 10/1/2000, 10/1/2001 & 10/1/2002 Increasing the residential and commercial Stormwater Utility rate is necessary to provide funding for $30 million of capital improvement projects to abate severe street and in-structure flooding, improve water quality, add, restore or upgrade stormwater infrastructure, and comply with mandated changes in operating, maintenance, and reporting requirements. The current $3.00 per ERU rate has not been increased since the Stormwater Utility was established January 1, 1991. Burton and Associates has completed a Stormwater Utility rate study to cover five years of operations. Of the scenarios presented by the Burton Rate Study, the following results in the lowest ending rate per ERU on October 1, 2002: Effective Date Rate per ERU Increase 10/01/98 $4.00 $1.00 10/01/99 $4.17 .17 10/01/00 $4.35 .18 10/01/01 $4.54 .19 10/01/02 $4.73 .19 Public Works Administrator Rich Baier gave a slide presentation illustrating the need to alleviate flooding, meet Federal requirements, and implement approved projects. Benefits were reviewed with regard to flood protection, permit compliance, erosion control, maintenance, water quality, and habitat restoration. The Watershed action plan was reviewed. Mr. Baier said the City needs $117 million to fix its drainage problems. He will prepare details regarding the amount allocated for routine maintenance versus capital projects. Robert Lockridge, Burton and Associates, reviewed revenue sufficiency requirements through 2000, highlighting the rate setting process, computations involved in preparing a rate model, and major issues of a stormwater utility. Scenarios regarding impacts and cost increases were reviewed for a variety of rate plans. He recommended the scenario detailed in the above background, and showed how the proposed rate increase would affect small and large commercial and multi-family interests. A survey of stormwater utilities in Florida shows Clearwater on the low end. A question was raised whether the revenue stream produced by final $4.73 rate per ERU would be sufficient to fund the $30 million CIP projects. Mr. Lockwood responded it would, if no additional capital projects are planned. A question was raised regarding the number of units in the Druid Road multi-family project. Staff will report before Thursday. In response to questions, Mr. Baier said undeveloped property is not charged stormwater fees because the fees are based on impervious surface. He did not feel any of the listed projects should be the responsibility of individual property owners. Loss of School Board fees will result in $100,000 per year lost income. Fiscal Review Committee minutes refer to projects done with stormwater utility fees: Harbor Drive abatement, Stevenson’s Creek Phase 1, part of Phase 2, and one other project. He recommended staying with the $30 million figure whether or not the Kapok Mobile Home project is included, because the program targets the drainage projects that are most critical to meet the Comprehensive Plan. In response to a question why a small business might pay more stormwater utility fees than a large business, Mr. Baier reiterated the fee is calculated on the amount of impervious surface. First Reading Ord. #6310-98 - increasing domestic water, lawn water & wastewater collection utility rates by 3.0 per cent beginning 10/1/98 and establishing an annual rate adjustment beginning 10/1/99 not to exceed 3.5 per cent based on the Price Index for Water and Wastewater Utilities established each year by the Florida Public Service Commission Increasing domestic water, lawn water, and wastewater collection utility rates is necessary to provide funding to maintain compliance with debt service coverage requirements, and for $53.9 million of capital improvement projects to expand the reclaimed water system and upgrade the water pollution control system because of aging facilities and regulatory requirements. The City Manager increased domestic water and lawn water rates in October, 1995, due to increased cost of purchased water from Pinellas County. The last increase for wastewater collection utility rates was by ordinance in 1992. Burton and Associates has completed a water and wastewater collection utility rate study to cover five years of operations. The study recommends a 3% rate increase effective October 1, 1998, with annual rate adjustments based on price indexing thereafter. Rate increases based on the annual price index for water and wastewater utilities established by the FPSC (Florida Public Service Commission) are capped at 3.5%. Any increase in excess of the rate change determined using the price index must be approved by the Commission. Robert Lockridge, Burton and Associates. Reviewed assumptions and major issues. If the City goes to a County water system in the future, he recommended a 10% across-the-board increase in domestic water, lawn water, and wastewater collection utility rates. He suggested approving a 3% increase on October 1, 1999, and waiting to see what issues are resolved with the County during the subsequent year. He recommended adopting a policy of automatic increases that come back to the Commission for confirmation, to keep up with inflation. He reviewed scenarios for water and sewer rate calculations for different types of properties, and impacts on utility bills. In response to questions, it was indicated the 3% increase would not affect garbage, only water. The sewage increase is based on the amount of water used those paying a 25% surcharge would experience the same 3% increase. A question was raised regarding amount of the 1995 water rate increase from Pinellas County. Staff will investigate and report by Thursday. It was not known when or by how much the County rate will increase again. Discussion ensued regarding calculating the charge for reclaimed water. CP CENTRAL PERMITTING Public Hearing & First Reading Ord. #6302-98 - LDCA to allow FDOT to sign, in lieu of the property owner, applications for variances to land development regulations, conditional uses, and site plan reviews associated with Eminent Domain Takings of land for road improvements The Florida Department of Transportation (FDOT) requested the proposed Land Development Code amendment to allow FDOT to proceed smoothly and quickly when necessary to process takings of land for roadway improvements. Staff recommends approval now due to urgency of the request by FDOT. The Planning and Zoning board declined to endorse the amendment at their regular meeting July 7, 1998, due to concerns it appears to give unfair advantage to government regarding property owners' rights. It was felt the property owner's signature, not FDOT's should be on the application. Concern was expressed that FDOT not be allowed to do partial takings without mitigation, thereby creating legal non-conformities, or undevelopable properties. The proposed ordinance would enable DOT to request variances related to property takings, keeping its costs down while keeping the City involved in the approval process. The City would still have recourse in court. Without the ordinance, DOT would be able to take property without requirement to negotiate for a cure, and continue leaving unusable pieces of land. The City Manger indicated it is not fair to seek redress from a property owner for non-conformities created by DOT. Public Hearing & First Reading Ord. #6303-98 - LDCA to allow transit shelters with advertising The City of Clearwater negotiated a settlement with Eller Media which required the City to consider and adopt an ordinance relating to transit shelters and transit shelter signs. Adoption of the proposed ordinance would: 1) require shelters on the same side of the street to be placed 1000 feet apart; 2) allow shelters in commercial, office, or industrial zoning districts or on PSTA routes adjacent to hospitals, schools, or other permitted nonresidential uses in multifamily residential zoning districts; 3) allow back-lit signs on the "downstream” end wall of the shelter, and limit signage area to 24 square feet; and 4) limit number of shelters with advertising to a total of 50. Planning Administrator Sandy Glatthorn said the Planning and Zoning Board continued consideration of this item. The City Attorney indicated questions had been raised regarding signs in multi-family districts abutting single family districts, number of shelters to be built, and number of signs to be allowed. The City is looking at designating a planning area. ED ECONOMIC DEVELOPMENT Res. #98-23 - endorsing application of Project 980527 and commits City to refund 10% of eligible tax refund upon certification by Enterprise Florida The Florida Legislature created Florida Statues, Section 288.106 to encourage growth of Florida's high-wage, value-added employment. The program is commonly known as the Qualified Target Industry (QTI) Tax Refund Program. This law authorizes Enterprise Florida to accept, review and approve applications for tax refunds to qualified target industry businesses. A business receives a tax refund for each new job created. Project 980527 wishes to relocate its corporate office to a single tenant office building and projects hiring 147 employees during the next five years. The QTI program tax refund may not exceed $5,000 per employee. A QTI business may not receive refund payments of more than 25% of the total eligible taxes that were paid by such business as specified in the tax refund agreement in any fiscal year. Twenty percent local financial participation is required, which breaks down to 10% City of Clearwater and 10% Pinellas County. Under the full scenario, the City's maximum funding will be $73,500 over five years. It is not anticipated that this will have a fiscal impact during this fiscal year. A funding source will be identified next fiscal year. In response to a question, it was indicated Project 980527 wishes to remain anonymous. Staff was requested to provide a list of QTI businesses approved by Enterprise Florida for tax refunds. CLK CITY CLERK Beautification Committee - 1 appointment Staff was requested to verify whether a member of the Fiscal Review Committee can serve on a City advisory board. CA LEGAL DEPARTMENT Agreements, Deeds and Easements Agreement for Lien - 1328 Parkwood St., Pine Ridge Sub., Blk A, Lot 17 (Benedict & Juliana Williams)(Consent) A question was raised regarding increasing the lien interest rate above 8%. Staff will investigate. OTHER CITY ATTORNEY ITEMS Chi Chi Rodriguez Youth Foundation, Inc. - Seventh Amendment to Lease Agreement and First Amendment to Continuing and Unconditional Guaranty The City Attorney said the Chi Chi Rodriguez Youth Foundation is going to refinance their debt and do a bond agreement through the County. The City’s consent and continuation of its existing guaranty is needed. The term of the bond is beyond the City’s guaranty and lease. Terms of the most recent lease agreement wil be examined. In response to questions, staff will provide a list of lease expirations. City Manager Verbal Reports The City Manager reported an Allen’s Creek property update meeting will be held tomorrow from 6:00 to 8:00 p.m. at Plumb Elementary School. Other Commission Action Commissioner Clark questioned status of the relationship with PSG, (Public Strategies Group.) The City Manager responded a presentation will come forward in August. Commissioner Johnson said he enjoyed the summer vacation, during which time he visited Atlanta. He hoped Clearwater will exercise better control over content of advertising on transit shelters than is done in Atlanta. Commissioner Clark reported he has reviewed PSTA's agreement and found it to be fairly strict regarding content of signs on bus shelters. Commissioner Hooper congratulated City staff for the July 4th fireworks show, stating this year was the best he has seen. He noted C-View wants to schedule a photo shoot with the City Commission. He referred to an article written by David Gildersleeve regarding bikeways. Adjourn The worksession adjourned at 4:32 p.m.