Loading...
04/12/1999CITY COMMISSION WORK SESSION CITY OF CLEARWATER April 12, 1999 Present: Brian J. Aungst Mayor/Commissioner Ed Hooper Vice-Mayor/Commissioner J. B. Johnson Commissioner Robert Clark Commissioner Ed Hart 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 Patricia O. Sullivan Board Reporter The meeting was called to order at 1:00 p.m. at City Hall. Service Awards Four service awards were presented to City employees. The Commission recessed from 1:04 to 1:14 p.m. to meet as the Pension Trustees. PUR PURCHASING Don Reid Ford, two 1999 Ford F-350 trucks with platform body (replacements) to be used by Public Works, $46,896; funding to be provided under City's Master Lease-Purchase Agreement (GSS) Caruso Chrysler Plymouth Jeep, one 1999 Jeep Cherokee (replacement) to be used by Public Works, $18,799; funding to be provided under City's Master Lease-Purchase Agreement (GSS) Brad Ragan Inc., 3rd & Final Extension, tire installation & repair for all department operating City owned vehicles during 04/16/99-12/31/00, estimated $200,000 (GSS) Neff Machinery, one John Deere 200LC excavator (approved additional equipment) with attachments to be used by Public Works, $193,750; funding to be provided under City's Master Lease-Purchase Agreement (GSS) U.S. Office Products, extension, miscellaneous office supplies (other than paper), 06/25/99-06/24/01, estimated $300,000 (FN) World Data Products Inc., a production HP 9000 computer system for the Utility Billing system used in the MSB by Gas System, $90,450 (GAS) West Coast Plumbing and Gas Incorporated, extension, installation of house piping & gas related equipment throughout gas system service areas, 04/16/99-04/30/00, estimated $90,000 (GAS) In response to a question regarding the computer, Purchasing Manager George McKibben said the system will be Y2K compliant. In response to a question regarding the replacement vehicle purchases from out of town dealerships, Mr. Kibben stated the vehicles will be delivered to the fleet facility. FD FIRE Contract to study feasibility of initiating a non-ad-valorem assessment program to fund fire protection services within Clearwater Fire District to Government Services Group, Inc., $45,650 Some City properties do not contribute to the cost of fire protection services as Fire Department expenses are funded by ad valorem taxes. Staff recommends a feasibility study be done to determine if a non-ad valorem fire assessment should be applied to all types of properties benefiting from the availability and provision of fire protection services. The study will identify the total cost of assessable fire protection services and the feasibility and legality of allocating these expenses to all benefiting properties. The study will consider department short- and long-term needs to ensure quality fire protection services are continued, including refurbishment, expansion, or station relocation. Should the Commission approve to implement a non-ad valorem assessment, an additional cost of $50,820 will cover Government Services Group’s assistance with public hearings, coordination with the County Tax Collector, and testing the collection system. Collecting the assessment in FY (fiscal year) 1999/00 is estimated to cost $99,000. Future collection costs are estimated to be $17,500 annually. The program can be self-sustaining by incorporating these costs in the assessment. Approximately 36 Florida communities have implemented fire assessment programs successfully. Programs can fully fund or supplement ad valorem revenues for the provision of fire protection services. Fire Chief Roland Herald reviewed the Fire Department’s history, current service demands, increased call volume, equipment, personnel, maintenance, and other department needs. The City is required to meet new federal OSHA (Occupational Safety and Health Authority) mandates regarding minimum training and workplace certification. Within 6 years, the City mutual aid to abutting fire districts has decreased from 1:1 to 3:1. While annual inspections are recommended, the City’s cycle has increased to 36 months. Proactive management cannot be initiated due to an insufficient number of clerical staff. City fire stations lack biohazard treatment and female staff accommodations. The stations’ locations make it difficult to protect the City’s significant population growth. While the department is working toward meeting apparatus needs, the department has half the officially recommended minimum of 3 firefighters per 1,000 population. The Fire Chief reviewed additional needs such as traffic system control, relay computers, improved communications, etc. Staff will continue to look for grants. Bond funds cannot be used for staffing needs. In response to a question, the Fire Chief said the department is not capable of conducting the study in-house. Camille Gainatasio, representative for Government Services Group, Inc., reviewed the firm's background, indicating a fee is legally defensible if challenged. Concern was expressed the $45,000 fee is high. Deputy City Manager Rick Hedrick said without a consultant, the fee is not legally feasible. The City Attorney said the way properties are assessed will determine the fee's legality. She said accomplishing the work in-house would require the long-term dedication of a staff member. A substantial part of the study is non-legal. In response to a question, Ms. Gainatasio said she has a 13-year background on these issues. The Supreme Court has upheld a similar fee. Part of the study requires analysis of tax roll data. In response to a question, the City Attorney said technically, the fee is not a double taxation but an assessment for a benefit. Concern was expressed staff had not presented Fire Department related concerns previously. It was agreed those who do not pay property taxes should share in this expense. Concern was expressed tax-paying residents also will have to pay this tax. It was noted an added fee will be a burden on low income residents. It was noted the City Commission already had approved the purchase of 5 new trucks. Mr. Hedrick said the department needs to function more like a business with more accountability to personnel. The problem is significant with no easy solutions. In response to a question, the City Manager said the study will develop an assessment process by category. It was felt public facilities that rely on the City's EMS (Emergency Medical Services) should share in the costs. It was suggested a fee will be more fair. Reasons for support were reviewed. It was recommended a fee would allow proper investment in the department's future needs. In response to a question, the City Manager said budget numbers will be available in June 1999, before the City Commission determines next year's budget. Concern was expressed the ongoing costs of consultants is high and unreasonable. FN FINANCE Authorize settlement of entire Workers’ Compensation Claim of Will Moore for $45,000 On March 19, 1998, Will Moore, a 44-year old City nursery worker, sustained a work-related crush injury to his torso. The rating of his injuries, 6% permanent impairment for a herniated disc in his back, and 20% impairment for a neurogenic bladder related to the back injury, entitle him to $8,149 in permanent impairment benefits. While Mr. Moore alleges he is permanently and totally disabled and unable to work in any gainful employment, the City contests his allegation of permanent total disability. Mr. Moore has applied for Social Security disability. He has been working 2 hours daily, answering Finance Department telephones. Due to his complaints of alleged pain, Mr. Moore been unable to increase the number of hours he works. Should Workers’ Compensation rate him totally disabled, he would be entitled to an estimated $515,000 in workers’ compensation benefits over his expected lifetime. If an 8% discount is applied, the present value of permanent total benefits is greater than $217,000. Even if he is not rated permanently and totally disabled, he qualifies for potential workers compensation benefits of more than $72,000 for supplemental impairment benefits and could be eligible for a City disability pension. Risk Management and Mr. Moore’s attorney have reached a tentative agreement of $45,000 to settle Mr. Moore’s entire workers’ compensation claim, including attorney and medical fees, subject to approval by a claims committee and commission, and a Workers’ Compensation claim judge. Mr. Moore has agreed to sign a general release, submit a voluntary resignation, and waive entitlement to a City work-related disability pension. As of March 17, 1999, the City has paid Mr. Moore $31,200.12 in Workers’ Compensation benefits. His benefits will continue until this claim is settled. The City’s Claims committee, Risk Management Division, and outside counsel, Mitchell Golden, of Fowler, White, et al, recommend approval of this settlement as being in the City’s best interest. In response to a question, the City Attorney said the agreement releases the City from future compensation claims. PD POLICE Res. #99-25 – Authorizing execution of Pinellas County Interlocal Mutual Aid Assistance for Police Services Agreement to allow participating law enforcement agencies to provide cooperation & assistance of a routine law enforcement nature across jurisdictional lines; Res. #99-26 – Authorizing Mutual Aid Agreement with Pinellas County Sheriff’s Office, allowing each agency to render assistance to the other during civil disturbances & other emergencies Chapter 23, Florida Statutes authorizes mutual aid agreements among law enforcement agencies to render voluntary assistance to one another across jurisdictional lines, of routine law enforcement, and during civil disturbances and other emergencies. A multi-jurisdictional response is warranted due to an increase of criminals operating across jurisdictional lines and possible natural and manmade disasters or emergencies. City jurisdiction abuts Pinellas County Sheriff jurisdiction in portions of unincorporated Pinellas County, the City of Dunedin, and the City of Safety Harbor. Interaction across jurisdictional lines between City police officers and Sheriff deputies is required. Both Mutual Aid Agreements renew prior agreements and will terminate on January 1, 2005. In response to a question, Deputy Police Chief said the agreement is beneficial to the City and County. Other municipalities also participate. The departments are able to coordinate DUI enforcement and investigate economic and narcotic issues. The City is not required to patrol unincorporated County. PR PARKS AND RECREATION Provide direction re St. Petersburg Junior College offer for City to lease all of the SPJC property located north of Drew Street and west of Old Coachman Road in Clearwater The City and SPJC (St. Petersburg Junior College) have held preliminary discussions regarding the City leasing approximately 34 acres of college property and facilities northwest of the Drew Street/Old Coachman Road intersection. Facilities include 2 baseball fields, 3 soccer fields, 6 asphalt tennis courts, approximately 9.4 acres of soft surface park, a 43,000 square foot field house with more than 60 rooms and offices, and a large gymnasium. Benefits of a lease would provide citizens access to additional recreation facilities and meetings. Enhanced programming could provide volleyball and basketball leagues, wellness facilities, gymnastics, college student programs, and other programs not available at other City facilities. Restrooms would be available for cosponsor groups and ball field participants. Land would be available to construct additional soccer fields. Currently, the City spends $46,750 annually to maintain and program the SPJC ball fields. With the college’s annual reimbursement of $38,400, the City’s net annual cost is $8,350. Lease terms have been discussed but are subject to negotiation of a final document: 1) City to pay $38,400/year to lease entire property, including the field house; 2) SPJC to pay the City $38,400 to continue maintaining the ball fields; and 3) City to program the field house and other property. Should SPJC program needs change, the lease may be renegotiated prior to October 1, 2000. Staff estimates annual operating costs, including current budget City costs of $46,750, will be $199,750. In addition, one time start-up costs of $70,000 will cover staff relocation and necessary structure repairs. Athletic staff (2.5 FTE) from the Municipal Services Building would be relocated to this facility along with other possible department operations and personnel. Unknown factors include: 1) structural integrity of the 31-year old field house. Initial inspections are favorable; 2) environmental limitations to new construction or renovations due to the landfill beneath the facilities and parking lot; 3) level of compliance necessary to meet ADA (Americans with Disabilities Act) requirements for all facilities; and 4) lease negotiations to address structure and liability insurance and structural maintenance. Although many opportunities exist, revenue potential to offset operating costs has not been explored. New staffing eventually may be justified as use strategies are developed. Parks & Recreation Director Art Kader reported the college had approached the City with this proposal. The City and college have partnered on this site for more than two decades. The City has a tremendous need for soccer fields. The City of Safety Harbor's recent purchase of land for soccer fields will relieve Countryside needs. The City could benefit from the gymnasium, as the City only one gymnasium facility. Programs geared to college-aged students could be developed. The site could meet community needs for meeting rooms. The planned skate park facility could replace the 6 asphalt tennis courts needing repair. Mr. Kader said staff wants to continue studying the feasibility of the proposed partnership. Up to 2.5 employees could be transferred from the Municipal Services Building to establish a Citywide athletic programming site where registration could occur. Potential benefits and revenues have not been explored. The restroom facilities could meet current needs at the soccer fields. In response to a question, Mr. Kader said staff currently programs site use. SPJC wants to continue using the site as its home field. Concern was expressed regarding the need to balance practice times for adult groups who pay with teams for 15-17-year olds. Mr. Kader said he will review for inequities. In response to a concern, the City Manager said staff will analyze recent demographic changes and consider baseball field needs over the next decade. He said the City must look at the future of accommodating the recreation needs of residents in unincorporated areas and smaller nearby cities. Mr. Kader said the City does not have space to meet all baseball program requests. It was noted the Countryside area attracts many non-resident players. The importance of providing recreational activities for children was stated. Concern was expressed the County does not address the demand for more than passive recreation. It was questioned if a group could construct a new concession stand at the SPJC site. As the site was previously used as a land fill, structures require deep pilings. The site needs a restroom. It was noted Clearwater High School does not have a home field. In response to a question, Mr. Kader estimated repairs of the subject SPJC buildings at $65,000. The buildings appear to be structurally sound. Mr. Kader said the tennis courts have deteriorated. Concern was expressed SPJC wants to rid itself of this liability. The City Manager said State guidelines prevent the school from giving away the property. It was questioned how much parkland is needed as most teams using Eddie Moore are non-residents. Mr. Kader said adult team fees cover almost 75% of maintenance expenses for that field. Concern was expressed the proposal will further burden the Parks & Recreation Department. It was recommended staff spend minimum time assessing potential liabilities without commitment. PW PUBLIC WORKS Public Hearing & First Reading Ord. #6399-99 - Vacating r-o-w of N. Washington Ave., lying north of Marshall St. & south of Beckett St., subject to retaining east 20’ as a drainage & utility easement (City, V99-04) The City proposes to use the right-of-way of N. Washington Avenue and adjacent property to construct restroom facilities and other amenities for Cherry Harris Park. The right-of-way, which is paved and used by vehicular traffic, contains City infrastructure. Vehicular traffic is minimal and can be redirected to surrounding roads. Staff recommends retaining a drainage and utility easement. GTE requests the east 20 feet be retained as a utility easement. In response to a question, Public Works Administrator Rich Baier said staff had discussed this issue with community leaders. In addition to posting the site, staff can speak to residents. It was noted the community had identified the project as high priority. Staff will hand deliver notice of Thursday's public meeting, modify current signs, and contact the North Greenwood Association. The posting will remain until after second reading. Public Hearing & First Reading Ord. #6401-99 – Vacating south 2’ of 5’ Utility Easement lying along north side of Lot 6, Sunset Ridge, less easterly 7.5’ (Waitt, V99-05) The house at 2039 Plateau Road, built before current review procedures were initiated, encroaches into the easement. The City now requires submittal of a recent survey. Concern was expressed the City had poor building inspection procedures when the home was constructed 3 feet from the lot line. The City Manager said procedures are in place to review surveys for accuracy before approvals are granted. Cooperative Agreement with SWFWMD to provide funding of project costs of up to $1,669,275 for expansion of reclaimed water systems to serve South Clearwater Beach area and construction of pumping & storage facilities at NE AWT Facility The City’s Reclaimed Water Master Plan update indicates the next priority project would provide reclaimed water to the south end of Clearwater beach and develop pumping and storage facilities at the NE AWT (Northeast Advance Wastewater Treatment) Plant. The Cooperative Funding Agreement for the South Beach/NE Pumping & Storage facilities provides $1,669,275 toward the design and construction of facilities. This agreement represents the second year of a 2-year commitment by SWFWMD (Southwest Florida Waster Management District) to participate in funding the pumping & storage facility. The previous agreement between the City and SWFWMD provided up to $462,500 for the design and construction of the facility. The combined cost of the South Beach expansion and for the balance of costs related to the NE Pumping & Storage facilities is estimated to be $4,862,180. Construction must begin by July 1, 2000. The Engineering Work order for the design engineering services for the South Beach Reclaimed Water System is included in a separate item. A future work order will be developed for construction phase engineering and inspections services for the NE facility. The cost of the South Clearwater beach reclaimed water system is estimated at $2,229,680, of which $589,275, is from cooperative funding from SWFWMD and $1,640,405 will be the City’s responsibility. The balance of the cost for the NE reclaimed water tank is estimated at $2,632,500, of which $1,080,000 is from cooperative funding from SWFWMD and $1,552,500 will be the City’s responsibility. Public Utilities Director Kevin Becotte reviewed recent expansion of the City's reclaimed water system. Staff will provide a schematic of the 20-year plan. In response to a question, he said pumps will be added to the Marshall Street to increase the distance reclaimed water can be pumped. Consent Order with FDEP to settle matters related to permit compliance Since 1997, staff has worked with the FDEP (Florida Department of Environmental Protection) to resolve issues of non-compliance with DEP permits issued between 1987 and 1995. This effort has reduced a potential fine of $1.6-million to $920,000. The subject projects involved several departments and were permitted prior to current Public Works Administration policies and procedures. The Consent Order stipulates $20,000 for costs and expenses DEP had incurred during the investigation of this matter. The money is to be paid within 90 days of the Order’s effective date. Public Works Administration has negotiated a resolution to the $900,000 balance of the penalty by designing and constructing 2 projects, which will benefit water quality within City limits and/or enhance and create wetlands. DEP has agreed in concept to alternative projects: 1) Del Oro Phase II Wetland Creation and Stromwater Treatment project adjacent to Ruth Eckerd Hall and Alligator Lake and 2) the Wolfe Preserve Project adjacent to Stevenson’s Creek in North Greenwood. Future bond money in the Utility Rate Study Projects will be sufficient to fund the projects. Engineering Assistant Director/PD&E Tom Miller said the State had determined the City owed many fines and penalties. Acquisition of the Wolfe property on Stevenson’s Creek will enhance area wetlands. Environmental Permitting Coordinator Terry Finch worked on the project to redistribute untreated stormwater through ponds. The City must clean the water in Alligator Lake. Checks and balances initiated to be certain this problem does not reoccur include new City permit compliance requirements, development of a tracking system, increased staff education on State requirements, permit coordination, and a final design review for permit compliance. As-built drawings will be compared with those presented at the design stage. Pre- construction meetings will review permitting requirements and resolve issues with the State. No changes will be permitted without regulatory approval. In response to a question, Mr. Miller said the City has not negotiated a price for the Wolfe property. The property is primarily wetlands with little uplands. The City owns the wetlands under consideration for the Del Oro project. In response to a question, Mr. Miller said the City’s fine remains at $920,000. The City Attorney said unless the State accepts these alternative projects, the City would have to pay the fine. Approve City’s participation with development of PSTA Intermodal Transit Centre which includes public parking, and authorize Mayor to send letter of commitment In May 1997, the City, PSTA (Pinellas Suncoast Transit Authority) and Pinellas County began discussing a project to develop an Intermodal Transit Centre on the site of PSTA’s downtown terminal and adjacent county-owned parking lot. The Centre will include an expanded transit terminal and retail and office space on Level 1, mezzanine level parking for PSTA staff, and Level 2 parking reserved for County employees. Higher levels will be used for public parking to be owned and operated by the City. In February 1994, a downtown core Parking Needs Assessment Study indicated an overall parking deficit of 1,101 spaces. The proposed development is in a quadrant with a deficit of 101 – 200 parking spaces. The 1994 sale of the Park Street Parking Garage resulted in a loss of 198 public parking spaces in the same quadrant as the proposed development. Public Works Administrator Rich Baier reviewed the parking shortage Downtown. The PSTA and Pinellas County have requested a commitment from Clearwater to pay for stiffening work necessary for future garage expansion by the City. He will report when construction dollars will be needed. The City could add 3 floors with up to 350 parking spaces. The Garden Avenue garage has almost 92% occupancy. The letter of agreement would limit the City’s costs committed to stiffen the structure for future expansion. The architect has indicated the expansion would cause little disruption except to the top floor. It was noted PSTA is concerned future expansion would disrupt their operations. Mr. Baier said disruption would be minimal. The City Manager said PSTA will manage the retail component and has asked the City to manage the parking. In response to a question, Mr. Baier said if approved, the City would hire someone to review the architectural components and work with staff on a funding pro forma. The meeting recessed from 3:23 to 3:33 p.m. PLD PLANNING & DEVELOPMENT SERVICES (Cont’d from 02/18/99) Variance(s) to Sign Regulations for property (Eckerd Drug Store) located at 1213 Cleveland St., Hibiscus Gardens, Blk E, Lots 1-13 and Padgett’s Estates Sub., Lots 24 & 33, Lots 23 & 34 less street, and part of Lots 25 & 32 (Cleveland Plaza, Ltd., SV99-02) Eckerd’s Drug Store has requested variances to allow: 1) 8 attached signs where 5 are allowed; 2) 6 wall signs where no more than 3 are allowed; 3) 272.11 square feet of attached signs where 64 square feet is allowed; and 4) 108.7 square feet for each of 2 proposed freestanding signs where each sign is allowed 64-square feet on commercial property at 1213 Cleveland Street, zoned UC-E (Urban Center district – Eastern Corridor). Staff recommends the request be denied In response to a question, Planning Director Ralph Stone said even with proposed modifications, the freestanding signs exceed code limits. It was requested agenda items clearly state the basis for staff's recommendation. (Cont’d from 04/01/99) Variance(s) to Sign Regulations for proposed Walgreen’s Drug Store to be located at 814 Cleveland St., Sarah McMullens Sub., part of Blk 4 (Lee A. Arnold, SV99-03) The Sign Ordinance does not allow freestanding signs in downtown zoning districts where this proposed development is located. This request was filed under the former Land Development Code. Staff recommends denial based on the former code’s Standards of Approval. In his April 6, 1999, memorandum, Planning Director Ralph Stone reported the applicant’s representatives have developed alternatives for a freestanding sign more compatible with an urban environment. The proposed “monument,” or ground-mounted sign, is similar to existing downtown signs, incorporates the store’s architectural elements, and is attractively landscaped. In response to a question, Mr. Stone said the size of the size has been reduced to approximately 50 square feet, less than the maximum size of 64-square feet. CLK CITY CLERK Elect commission member as Vice-Mayor It was recommended in the future, the City Commission consider adopting a policy to rotate the position automatically. Other Commission Action The Commissioners thanked participants for their efforts in organizing block parties for the City's first Neighborhood Day. Commissioner Hooper thanked Senator Jack Latvala for his help in obtaining a $225,000 grant for Brownfields remediation. Commissioner Hooper welcomed participants in tonight's forum at the Martin Luther King Center regarding racial reconciliation. Commissioner Johnson thanked John Royce for his input as a citizen watchdog for the transit authority. Commissioner Hart suggested scheduling future Neighborhood Day event at Coachman Park with competitions such as a cook-off. A common site would encourage neighborhood interactions. Commissioner Hart said community concern had been expressed at beach forums regarding traffic congestion and hazards to pedestrians. Commissioner Hart said a report will review a central complaint tracking system in Tallahassee. Adjourn The meeting adjourned at 3:46 p.m.