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11/02/1998CITY COMMISSION WORK SESSION CITY OF CLEARWATER November 2, 1998 Present: Rita Garvey Mayor/Commissioner Ed Hooper Vice-Mayor/Commissioner J. B. Johnson Commissioner Robert Clark Commissioner Karen Seel Commissioner Also Present: Michael J. Roberto City Manager Richard L. Hedrick Deputy City Manager Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Gwen Legters Board Reporter The meeting was called to order at 9:52 a.m. at City Hall. PRESENTATIONS Charter Review Committee Report – Chair Tim Johnson Charter Review Committee Chair Tim Johnson outlined procedures the committee used to draft two categories of charter changes: substantive and nonsubstantive. Examples of substantive changes include streamlining purchasing procedures; simplifying sale or disposal of City property; increasing the amount of material that may be dredged without a referendum; term limits; effective date of office for commissioners-elect; and changing Charter Review Committee procedures. He listed examples of non substantive changes such as moving existing provisions from one section to another, and cleaning up language for consistency and clarity. He reviewed changes discussed but not recommended. He said the committee voted unanimously to recommend adoption of the changes as recommended. Mr. Johnson responded to questions regarding individual text changes. General discussion ensued regarding qualified voters; effective date of office; preparation of ballot questions; calling special meetings; term limits; unspecified lease terms; and revenue bonds. Commissioners will review the committee’s report in detail for discussion of substantive changes at Thursday’s Commission meeting. PUR PURCHASING Smith Fence Company, Inc., purchase & installation of fence for various projects throughout City, 11/7/98-10/31/99, est. $150,000 (QOL) In response to questions, Purchasing Manager George McKibben said this year the fence projects were lumped into one award. One large project is the $73,000 fence at E.C. Moore ballfield. Onyx Petroleum Inc., extension, vehicle fuel to be used throughout City by all departments, 12/16/98-12/15/99, est. $230,000 (GSS) Mr. McKibben said the City’s petroleum contracts generally do not expire at different times. This item is out of the normal cycle because it piggybacks on a Pinellas County contract. Century Industries, Inc., one MSM 3200 Mobile Sound Stage to be used throughout City by Parks and Recreation, $84,865; funding to be provided under City’s Master Lease-Purchase Agreement (QOL) In response to questions, Parks and Recreation Director Art Kader displayed photographs of a typical self-contained mobile stage equipped with sound and lights. He described its variety of uses, stating it will supplement the flatbed trailer currently in use. The sound stage can be pulled by a City dump truck outfitted with a trailer hitch. Oakhurst Construction, construction of footings & installation of pedestrian bridge to be located in Del Oro Groves Park, est. $27,500 (QOL) Concern was expressed the pedestrian bridge may have been built without Commission approval despite its cost exceeding $25,000. Mr. McKibben responded the bridge cost less than $25,000. This item is for total construction costs. ED ECONOMIC DEVELOPMENT Public Hearing - Declare surplus to city needs, 600 Franklin St., Gould & Ewing’s 2nd Addition to Clearwater Harbor, Blk 7, part of Lot 1, for purpose of selling; approve contract with Pinellas County Housing Authority for sale thereof, for $74,800 less closing expenses est. at $560, for approx. net sale proceeds of $74,240 The City’s real property at 600 Franklin Street, also known as the International Association of Fire Fighters (IAFF) building, is surplus property to City needs. The IAFF is no longer leasing the property. Charter Section 2.01(d)(4)(iii) allows transfer of property to another governmental entity for less than appraised value for a valid public purpose. The Pinellas County Housing Authority is a governmental entity providing housing options to members of the community with limited incomes. The Pinellas County Housing Authority needs to expand their office space located at 209 Garden Avenue. Obtaining the subject property would enable Pinellas County Housing Authority to remain in the institutional quadrant of downtown; be readily accessible to other County entities with which they work; be accessible to their clients, and does not remove property from the tax rolls. On October 8, 1998, James Millspaugh appraised the property value at $75,000. The Pinellas County Property Appraiser’s 1998 assessed value is $74,800. In response to questions, it was indicated, the City’s restriction against selling property to non-profit organizations does not apply to government agencies. The property would not be on the tax rolls, but the net effect would be to save the City money in refurbishment costs. Concern was expressed with selling the property after the IAFF lease was not renewed because it was understood the City had a higher and better use for the land. Discussion ensued regarding Housing Authority parking requirements. Assistant City Manager Bob Keller reviewed potential uses discussed for the subject property, noting all potential users signed off on the property as unusable for their needs. The City Manager explained four scenarios for continued Fire Department use were examined, but none was suitable due to inadequacy of the existing electrical and mechanical systems. He said Fire Department needs will be considered during consolidation of government services downtown. In response to a question, the City Attorney will investigate whether the property has deed restrictions. FN FINANCE Res. #98-52 - Establishing City’s intent to reimburse certain project costs incurred with proceeds of future tax-exempt financing The Capital Improvement Budget identifies $30 million in stormwater projects over the next few years that are expected to be funded through the issuance of bonds. It is anticipated the City will issue bonds in late 1998 or early 1999 to refinance a portion of these projects. The initial bond issue will provide funds for projects expected in the first two years. The date of issuance will be determined at a later date based upon market conditions. The stormwater funds will be incurring expenses on these projects prior to issuance of the bonds. This reimbursement resolution will allow for the City to be reimbursed from the bond proceeds. Finance Director Margie Simmons said this item allows the City to pay for stormwater projects prior to issuing bonds; reimbursing with bond proceeds. Full repayment will be from stormwater funds. Public Works Administrator Rich Baier responded to questions regarding funding sources for Stevenson’s Creek improvements, and Town Pond issues. Authorize utilization of purchasing cards and award contract to NationsBank to provide Purchasing Card Services (Consent) This contract will enable designated City employees to charge goods and services to their unique City purchasing card account as an alternative to small purchase orders, petty cash purchases, or individual City check purchases. This program will remain in full accordance with existing or future ordinances and purchasing policies. Purchasing cards will improve purchasing and vendor payment efficiency by reducing paperwork and processing time for the vendor, the user department, and the Finance Department. Purchasing card services are currently used by the State of Florida, Pinellas County, and many local governments, including the City of St. Petersburg. Building and Maintenance with nine potential users has been selected to test program procedures. Additional departments will be added when feasible. Revenue sharing is provided under the terms of the contract. NationsBank will pay the City $4 per $1,000 in purchases each contract year, after the first $100,000. Ms. Simmons and Mr. McKibben responded to questions regarding how the process will function. Use of the cards is at Department Directors’ discretion and dollar limits will not change. A report on the pilot program will be provided after 6 months. Savings that can be realized from streamlining purchasing procedures were highlighted. Vendors are not required to accept the cards, but they generally do because of the advantages. GAS GAS SYSTEM Interlocal Agreement / Franchise with Town of Redington Shores to provide natural gas service to citizens of Redington Shores; Res. #98-53 - Accepting Gas Franchise with Town of Redington Shores and approving interlocal agreement On September 8, 1998, the Town of Redington Shores Town Commission approved the Interlocal Agreement with the City of Clearwater to provide natural gas service in Redington Shores. The Interlocal Agreement incorporates franchise provisions as part of the document. The Interlocal Agreement provides the City of Clearwater a 30-year non-exclusive right to supply natural gas service and to construct, operate and maintain all facilities necessary to supply natural gas to the Town of Redington Shores. The Interlocal Agreement provides for an up to 6% franchise fee to be paid by natural gas consumers within the Town of Redington Shores. Gas System Manager Chuck Warrington explained the 30-year non-exclusive right, stating an intergovernmental agreement is required for Clearwater to serve as the gas company for Redington Shores, but State law does not allow an exclusive franchise. He said territorial agreements are generally used when territory disputes exist, but the City has no territory restrictions toward the south end of Pinellas County. LIB LIBRARY Discussion re St. Petersburg Junior College’s request for support of a joint-use, public/junior college library on the Clearwater campus St. Petersburg Junior College (SPJC) is requesting $8 million in Public Education Capital Outlay (PECO) funds to renovate their existing library and build a public library addition to house a joint use library on the Clearwater campus. If the joint facility is approved and the funding obtained, Clearwater and St. Petersburg Junior College would enter into a contract to provide joint library service. The City Manager noted the Commission has not determined whether this direction is wanted. He suggested a full presentation, including pros and cons, of the proposed relationship. Action on the item can be delayed past Thursday if more information is needed, but the PECO dollars are competitive and the issue needs to be addressed as soon as possible for the City’s legislative package. Quality of Life Administrator Dr. Arlita Hallam indicated Clearwater’s participation is needed in order for SPJC to receive PECO funds. Facilities funding, staffing, library materials acquisition and cataloging, and benefits were reviewed. Potential terms of agreement and 10-year cost projections were discussed. Dr. Hallam responded to questions regarding how estimates in the scenario compare to actual numbers for East library branch operations. Speculation ensued regarding effects of a joint library on the City/County library cooperative. It was indicated the project is not contingent upon sale of the East library. Concerns were expressed with the potential for campus traffic to overflow into the public library parking area. Additional information regarding projected cost and Seminole’s agreement with SPJC was requested for Thursday. It was indicated part of the request was to use the City’s lobbyist. Concerns were expressed the draft agreement does not show SPJC paying an equal share of the funding. Designation of $40,000 match from 1998-99 Vision Funds in anticipation of grant funding regarding Capitol Theater Grant Application (Consent) On August 31, 1998, the City of Clearwater submitted an application to the Florida Department of State, Bureau of Historic Preservation for a small matching grant of $40,000 to finalize architectural planning, develop construction budgets and make initial repairs to the Capitol Theater in downtown Clearwater. The grant application contained support letters for the project from the Pinellas County Arts Council, Ruth Eckerd Hall, the Pinellas County Park Department, the Greater Clearwater Chamber of Commerce, the Greater Clearwater Public Library Foundation and the downtown business community. A requirement of the grant is that funds from the Department of State are matched with a local cost share that equals the grant request. This match of $40,000 can be cash or in-kind services. In the course of the application process, several match source alternatives were considered, including an in-kind donation of labor from the City’s General Services Department. When no feasible alternative was found, it was determined that a cash allotment of $40,000 could be designated from the City’s vision fund of $750,000. If funded, the project period for this grant will be January to December 1999. In response to questions, it was indicated funding was not in place for in-kind donation of labor. Downtown Manager Diane Smith said the initial repairs would include work on restrooms, sprinkler system, painting and damage repair. The existing seats will be retained and might be reupholstered in the future. SW SOLID WASTE Agreement with Pinellas County, servicing of north county drop-off centers and marketing of recyclables (Consent) The City of Clearwater won the bid to serve the five north Pinellas County drop-off centers. The agreement authorizes the City of Clearwater to provide these services. This program will pay for itself and return net revenue of approximately $32,037 to the City. These services can be supported with existing budgeted resources. Solid Waste Department Director Bob Brumback responded to questions regarding use of existing resources and other bidders. He said the anticipated net revenue is based on current recycling prices, noting the commodities market is down. PW PUBLIC WORKS Contract for construction of stormwater improvements at Northwood Estates, Suncoast Excavating & Utilities, Inc., $98,618.30 (Consent) This item is for construction of stormwater improvements for two existing detention ponds, and replacement of failed storm pipe. The work shall include removal of existing retaining walls, construction of retaining wall, construction of a 4:1 side bank, construction of storm pipe, mitered end sections, storm manhole, grate inlet, and necessary appurtenances. The project was designed by City of Clearwater engineering staff. The engineer’s estimate for the project was $119,958.99. This project will begin approximately mid-November, 1998 and is scheduled to be completed within 120 calendar days. No monetary incentive for early construction completion is warranted on this size project; however, the contract includes a penalty clause of $1,000 per day for each day the work to be performed remains incomplete beyond the time limit specified in the contract. Funding is to be provided from bond proceeds as anticipated in the results of the Utility Rate Study. Any financial resources required to be used prior to bond issuance will be provided by a loan from the consolidated cash pool. Public Works Administrator Rich Baier said construction of new side banks will enable embankment maintenance. Discussion ensued regarding efforts to satisfy the concerns of a specific property owner, saving existing trees, and the necessity of this project to take care of flooding upstream. It was indicated piping is preferred by most people with open, non-navigable water behind their homes. The City Attorney stated in response to a question the City and property owner would be jointly liable for occurrences behind one of the homes. A suggestion was made to state in writing that the property owners are responsible for bank maintenance. Res. #98-37 - authorizing execution of a Transfer Agreement with FDOT for transfer of SR60 / Causeway Blvd., from Mandalay Ave. to Bridge No. 43 and SR60 / Marianne St. From Bridge No. 43 to Mandalay Ave. from state highway system to the City of Clearwater road system The City has requested that the FDOT (Florida Department of Transportation) execute a transfer agreement transferring that portion of State Road 60 on Clearwater beach known as Marianne Street and Causeway Boulevard, from Mandalay Avenue to Bridge No. 43 from the State Highway System to the Clearwater Road System. This transfer will facilitate revitalization of the terminal end of the Gulf-To-Bay Boulevard corridor and the redevelopment of Clearwater beach. The FDOT has requested that the City adopt a resolution to initiate the agreement process. The agreement will set forth the terms and conditions under which the City and the Department will abide, commencing on the date of approval by the Secretary of the FDOT. The City accepts all responsibility for road operation and maintenance. The agreement includes the roadbed, curbs, culverts, and drainage structures within the right-of-way. Responsibility for maintenance of public sidewalks, and other ways in the right-of-way, is the City’s. No action will be taken to compromise integrity of Causeway Boulevard or Marianne Street, as part of the State Road 60 hurricane evacuation route. The City will not impose a toll on their portion of the roadway or the roadway will revert back to the State. It was stated in response to questions, the City will incur additional maintenance expense as a result of the transfer agreement. The City will be able to provide level of service “D” between Marianne Street and Causeway Boulevard. The DOT expects transfer to take 2 months. Staff was requested to determine and report the annualized maintenance cost of the new roadway. The transfer does not include Bridge No. 43. PLD PLANNING & DEVELOPMENT SERVICES Public Hearing & First Reading Ord. #6340-98 & #6341-98 - Annexation & RS-8 Zoning for property located at 1601 Stevenson Dr., Stevenson’s Heights, Blk C, Lot 7 (Agnes E. Akins, A98-27) The applicant is requesting annexation of a single-family residential property to obtain City garbage collection service. The applicant is already receiving City sanitary and water services, is being billed, and has been paying for these services since June 19, 1987. The Engineering Department recommends that the abutting rights-of-way along Stockton Drive and Stevenson Drive be annexed along with this request. The Planning and Zoning Board endorsed the annexation at their October 20 meeting. In response to a question, staff will verify whether the applicant has been paying non-resident surcharges. Public Hearing - Amendment to approved concept plan and associated preliminary subdivision plat for property f/k/a “Sunshine Mall”, Master Planned Development, Sec. 15-29-15, M&B 34.01 and Sec. 22-29-15, M&B 21.01 & 21.02 (Clearwater Group, Ltd.) The applicant is requesting approval of an amendment to the concept plan and the associated preliminary subdivision plat for the Sunshine Mall Master Planned Development. Major revisions to the concept plan and preliminary subdivision plat are: 1) reduction from 11 to 10 parcels; 2) reconfiguration of Parcels 5, 5A, and 7 into the new Parcels 7 and 8; 3) reduction in size of former Parcel 7 from 17.95 acres to 10 acres and reduction of the number of units on this parcel from 408 to 240; 4) new residential Parcel 8, with 204 apartment units; 5) reduction of the number of commercial outparcels along Missouri Avenue from 9 to 7; 6) revisions to the detention pond/entrance from Druid Road which results in one retention pond on new Parcel 8 and a 0.5 acre increase in size of Parcel 2 (Vision Works); and 7) overall changes in density and intensity from 608 to 644 residential units, and from 242,063 to 206,127 square feet maximum commercial floor area. The MPD (Master Planned Development) zoning, concept plan, and plat for Sunshine Mall were approved on second reading by the City Commission on May 5, 1998. City Commission review of this proposed amendment to the Sunshine Mall MPD is appropriate pursuant to Land Development Code Section 40.261(4). Staff stated the amended concept plan and preliminary subdivision plat are consistent with the original MPD approval because the comprehensively planned redevelopment project provides for interrelated uses, circulation patterns, building orientations, parking areas, open spaces, and like features which contribute positively to the redevelopment area and the City. Planning Manager Sandy Glatthorn reviewed the concept changes to the site plan and reconfigured plat. Discussion ensued regarding amount of elderly housing in the market; retail along Missouri Avenue; site access; location of retention/detention; and density. It was indicated CED Construction is still part of the deal; they are doing 240 units. It was stated in response to questions regarding the incentive package, that the issue is currently off the table because the numbers have changed. Additional information regarding the incentive package was requested for Thursday. The meeting recessed from 12:08 to 12:22 p.m. CM ADMINISTRATION Public Hearing - Approve revised recommended Penny for Pinellas project listing to reflect changes that will accommodate the Beach Entranceway changes On March 6, 1997, the City Commission adopted Ordinance 6137-97. This ordinance established the requirement for a special public hearing regarding any funding change in a Penny for Pinellas project totaling $500,000 or more. It is estimated that $135,709,528 will be received during the remaining 12-year period of Penny for Pinellas funding. The changes to the project list are: 1) add $2 million to the Beach Entranceway project bringing the new total to $10 million; and 2) increase debt costs by a net $1,670,822 to allow for immediate commencement of the project in FY1998/99. The increase of funding allocated to specific projects is $3,670,822. This is accomplished by eliminating the contingency reserve of $5,057,502 and increasing the unallocated funds from $3,618,627 to $5,005,307, an increase of $1,386,680. The City Manager announced a public meeting regarding this item will be held today at 5:00 p.m. Staff was asked to provide up-to-date information regarding bonding and financing costs. In response to concerns with eliminating the proposed $500,000 Cleveland Street project from tonight’s discussion, it was indicated the details and renderings of what will be proposed are not available at this time. The Cleveland Street item will come forward at a future meeting and will remain on the Penny for Pinellas project list the Commission is being asked to consider Thursday because of the timing issues involved. The City Attorney noted bond issues are not part of today’s revised Penny for Pinellas project discussion. However, when the bond hearing does occur, Cleveland Street needs to be included, in order for it to be bonded. Concern was reiterated regarding including Cleveland Street in what the Commission is being asked to approve without a public hearing. The City Manager pulled the Cleveland Street item. General discussion ensued regarding concepts for downtown. The City Manager said the Downtown Development Board participates in Cleveland Street landscaping improvements. CA LEGAL DEPARTMENT Resolutions Res. #98-59 - Authorizing execution of Mutual Aid Agreement for Marine Patrol services with Pinellas County Sheriff’s Office The City Manager stated in response to questions, the City has been using the Sheriff for marine patrol for about 7 years. The agreement must be readopted every year. Questions were raised regarding what this resolution provides that the City doesn’t already have, and why a resolution is necessary, if the City controls its waterways. Staff will provide more information for Thursday. OTHER CITY ATTORNEY ITEMS The City Attorney stated a lawsuit is pending regarding Dumont vs. City of Clearwater with regard to flooding damage to property on Highland Avenue due to construction. She stated permission is needed to bring third party action against the construction and engineering firms that were notified, but have not responded. In response to questions, Rich Baier said HDR Engineering is working on the new bridge. He will contact them today to determine their issues. City Manager Verbal Reports The City Manager reported the Look of Success video is running on the Pinellas County television station three times a day this week. Other Commission Action Mayor Garvey reminded everyone to vote in tomorrow’s election. Commissioner Hooper questioned whether the City’s acreage in Hillsborough County should be on the City-owned property list. City Clerk Cyndie Goudeau said it should. Discussion ensued regarding the property’s value and usefulness. Commissioner Hooper requested future discussion regarding disposal of the property. Adjourn The meeting adjourned at 12:47 p.m.