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01/31/2000CITY COMMISSION WORKSESSION CITY OF CLEARWATER January 31, 2000 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 Bill Horne Assistant City Manager Bob Keller Assistant City Manager Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Patricia Sullivan Board Reporter The meeting was called to order at 9:00 a.m. at City Hall. PUR PURCHASING Garber Buick Pontiac GMC, one 2000 Chevrolet Cavalier compact sedan (replacement), $12,318; funding to be provided under City's Master Lease-Purchase Agreement (GS) Don Reid Ford, two 2000 Ford Taurus sedans (replacements), to be used by Police, $31,450; funding to be provided under City's Master Lease-Purchase Agreement (GS) Professional Grounds Management, maintenance of medians on Gulf to Bay Blvd., 3/1/00-2/28/01, estimated $38,426 (QOL) Grinnell Corp., brass water fittings, 3/1/00-2/28/01, estimated $60,000 (PW) The City Manager said staff will meet again with local automobile dealers regarding the State’s bidding process. No local dealership chose to meet State criteria. In response to a question regarding median maintenance on Gulf-to-Bay Boulevard, Purchasing Manager George McKibben said the contract covers all existing meeting. Public Works Administrator Mahshid Arasteh said contract costs will increase when landscaping the remaining medians is completed. PR PARKS AND RECREATION Ratify/Confirm City Manager's decision to increase professional service contract with Krishnan Anandan, Parks and Recreation Tennis Professional, from $25,000 to $55,000 and extend term from 12/31/99 to 4/30/00 For 4 years, Krishnan Anandan has worked as tennis professional for the City under a professional service contract. When his contract expired October 1, 1999, the Parks & Recreation Department extended it by 3 months due to a planned reorganization of tennis operations and construction at the Henry L. McMullen Tennis Complex. As it became evident reorganization of tennis operations would require more time, the City Manager approved a 4-month extension to April 30, 2000, increasing the contract amount to $55,000. This action does not impact Parks & Recreation Department operating budget expenses. The contract amount is based on an estimate of fees to be collected for tennis lessons. Mr. Anandan is paid 80% of the fees for lessons he teaches, and the general fund receives 20%. Parks & Recreation Director Kevin Dunbar said this contract represents a short-term solution while the department completes its business plan. The City collects money for lessons Mr. Anandan teaches. This contract provides for payment to Mr. Anandan. Compensation is based on the number of lessons taught. The City Attorney said Mr. Anandan’s standing as an independent contractor meets the rules of law. Clearwater Golf Park In response to a question, Mr. Dunbar reported staff had received 4 proposals to operate the Clearwater Golf Park for 2-years. Staff will bring forward the proposals on February 17, 2000. Staff has scheduled a meeting with the current operator, who has expressed interest in a smooth transition. In response to a question, he said all proposals represent local interests. PLD PLANNING & DEVELOPMENT SERVICES (Cont’d from 1/20/00) Public Hearing - Annexation, Land Use Plan Amendment to Residential/Office Limited & Office Zoning, 3150 McMullen Booth Rd., Sec. 21-28-16, M&B 23.10 (Robert & Nancy Hurst, A99-20) The applicant has requested annexation and rezoning of Agriculture/Estate to Office and a plan amendment from Residential Suburban to Residential/Office Limited for 3150 McMullen-Booth Road to redevelop a single-family house for office use. The Community Development Board unanimously endorsed the request. In response to a question, Assistant Planning Director Cyndi Hardin said an insurance agent will redevelop the 0.46 acre site. The request is subject to PPC (Pinellas Planning Council) review. Other possible uses of the site include limited congregate living. Restaurant uses would be limited to 10% of the floor area. PW PUBLIC WORKS Contract for Gulf to Bay Corridor Enhancement Project - Overpass Artwork to QRC, Inc., for $60,901 Revitalization of Gulf-to-Bay Boulevard is one component of the One City. One Future. blueprint. Staff proposes to have an artistic mural painted on the east side of the US 19N overpass at Gulf-to-Bay Boulevard (SR 60). Funding is available in the Gulf-to-Bay Boulevard corridor enhancement project. It was questioned if this artwork represents a good use of tax money. It was felt pollution quickly affects the bridge’s surface. Ms. Arasteh said the artwork would have a one-year warranty. The maintenance budget would provide for a reapplication in 10 years. The high cost is related to paint quality standards imposed by FDOT (Florida Department of Transportation). Concern was expressed lettering on the artwork negates City attempts to limit signage. In response to a question, Ms. Arasteh said the funds could be returned to the Gulf-to-Bay Boulevard enhancement budget for landscaping, additional streetscaping, or utility burial. She said FDOT does not plan to widen the subject side of the bridge in the next 5 years. Contract for Sand Key Sailing Center - Boat Ramps to Harvey-Taddeo, Inc., for $115,361.40 Sailing Center boat ramps are deteriorated and need replacement. Water quality shall be maintained by meeting all marine safety requirements and preventing debris from falling into State waters in Clearwater Harbor. The City has acquired all permits other than building permits the contractor is obligated to obtain from the City. Concern was expressed the City had received only one bid for this project. Ms. Arasteh said she felt comfortable with the bid and that rebidding would delay construction for at least 2 months. She did not foresee repeating the process would attract additional bidders. The City Manager said staff prefers completing the project prior to the main boating season. Res. #00-08 - authorizing & directing condemnation of property needed for Town Pond project The Town Pond Project is necessary to improve stormwater management downtown and solve flooding and water quality problems. The project requires property acquisition near the Pierce Street stormwater facility. The Florida Constitution and Florida Statutes allow the City to exercise power of eminent domain to acquire property and property rights deemed necessary for construction of a regional stormwater treatment facility. While the City needed to acquire property from 4 property owners, negotiations with 3 owners were successful. Negotiations with James C. Kahlmeyer, Trustee, to purchase the fourth property have been unsuccessful. The City has made a good faith offer of $245,000, plus closing costs, based on the highest cost paid for land and improvements. The City’s budget has funds allocated for this project. All project property must be acquired prior to the commencement of construction in November 2000. In response to a question, the City Attorney said a trial would not take place for at least 120 days. The property owner has requested the City pay approximately three times the property’s assessed value. The City has spent approximately 2-years negotiating for the property. The City Attorney will provide the City Commission with actual negotiated figures. Agreement with FDEP to share contamination assessment & site remediation costs at Clearwater Beach Seafood located at 37 Causeway Blvd., $132,840 In 1994, petroleum contamination was discovered at 37 Causeway Boulevard, the former site of a retail gasoline service station. A CAR (Contamination Assessment Report) was completed in 1995, before the State closed its reimbursement program. The estimated remediation cost of $375,000 has prevented the City from undertaking the project without State funding. In June 1999, the City applied to FDEP (Florida Department of Environmental Protection) for the PAC (Pre-approved Advance Cleanup) program, which assists with contamination assessment and remediation of petroleum-contaminated sites. Preliminary testing for the application estimated remediation would cost $270,000. The City proposed sharing costs with the State at a 41:59 ratio. In October 1999, the State notified the City of its award based on this ratio. The State anticipates the complete site remediation schedule will be: 1) Year 1 - FY (fiscal year) 1999/00 - $17,220 – CAR/Action Plan; 2) Year 2 – FY 2000/01 - $86,100 – install remediation systems and 1st year O&M (Operations & Maintenance); 3) Year 3 – FY 2001/02 - $19,680 – 2nd year O&M; 4) Year 4 – FY 2002/03 - $4,920 – monitoring only); and 5) Year 5 – FY 2003/04 – $4,920 – well abandonment & demobilization. The City’s share of $132,840 is 41% of estimated project costs. The State’s share of $191,160 is 59% of estimated project costs. Cost estimates include a 20% reserve. In response to a question, Ms. Arasteh said this 5-year project is outside the Brownfields zone. It was noted the current tenant had not caused the pollution. A former service station is responsible for the contamination. Engineering Assistant Director/PD&E Tom Miller said the tanks have been removed. He expected addressing the groundwater contamination will cause minimal impact to the business or surrounding area. Agreement with FDEP to share contamination assessment & site remediation costs related to former fleet maintenance facility located at 507 Vine Ave., $270,600 In 1994, petroleum contamination was discovered at 507 Vine Avenue, the former site of the City’s Fleet Maintenance facility. A CAR was completed in 1995. The estimated remediation cost of $700,000 has prevented the City from undertaking the project without State funding. In June 1999, the City applied to FDEP for the PAC program. Preliminary testing for the application estimated remediation would cost $550,000. The City proposed sharing costs with the State at a 41:59 ratio. In October 1999, the State notified the City of its award based on this ratio. The State anticipates the complete site remediation schedule will be: 1) Year 1 - FY 1999/00 - $17,220 – CAR/Action Plan; 2) Year 2 – FY 2000/01 - $186,960 – install remediation systems and 1st year O&M; 3) Year 3 – FY 2001/02 - $24,600 – 2nd year O&M; 4) Year 4 – FY 2002/03 - $24,600 – 3rd year O&M; 5) Year 5 – FY 2003/04 - $9,840 – monitoring only); and 6) Year 6 – FY 2004/05 – $7,380 – well abandonment & demobilization. The City’s share of $270,600 is 41% of estimated project costs. The State’s share of $389,400 is 59% of estimated project costs. Cost estimates include a 20% reserve. Mr. Miller said concerns relate to the possible migration of groundwater contaminants into the railroad right-of-way and into residential neighborhoods. The City continues use of the site. CA LEGAL DEPARTMENT Second Reading Ordinances Ord. #6470-00 - Annexation, Sunset Highlands Unit 2, Lot 6 (Booker T. & Hong-Sun Colson) Ord. #6471-00 - Land Use Plan Amendment to Residential Urban, Sunset Highlands Unit 2, Lot 6 (Booker T. & Hong-Sun Colson) Ord. #6472-00 - LMDR Zoning, Sunset Highlands Unit 2, Lot 6 (Booker T. & Hong-Sun Colson) Ord. #6473-00 - Annexation, Sec. 16-29-16, M&B 22.04 (Taylor G. Bingham III) Ord. #6474-00 - Land Use Plan Amendment to Residential Urban, Sec. 16-29-16, M&B 22.04 (Taylor G. Bingham III) Ord. #6475-00 - LMDR Zoning, Sec. 16-29-16, M&B 22.04 (Taylor G. Bingham III) Ord. #6477-00 - regarding sale of City owned surplus real property Ord. #6478-00 - Vacating 50' r-o-w of N. Gulfview Blvd., lying north of Papaya Street (aka Palm Street) & south of San Marco Street (AKA Mangrove Street) (Mandalay Beach Club, Ltd., V00-01) Ord. #6479-00 - Granting to KMC Telecom III, Inc. permission to occupy municipal streets and rights-of-way in the City of Clearwater as a means of providing telecommunication service; prescribing terms and conditions accompanying the Grant of Franchise Ord. #6480-00 - amending City Code of Ordinances and amending City of Clearwater Money Purchase Pension Plan Document, to provide for loan provisions for plan participants Ord. #6481-00 - Vacating westerly 3' of easterly 10' utility easement, Del Oro Groves, First Addition, Lot 110, subject to complying with Sec. 1 of Ordinance (Groteke, V99-12) Readopt Ord. #6482-00 - Submitting to the City Electors proposed amendments to the City Charter amending Sec. 2.01(d) 5 (vii) regarding leasing surplus municipal real property Ord. #6483-00 - Land Use Plan Amendment to Residential/Office Limited for property located at 809 Druid Rd., Magnolia Park Sub., Blk 40, Lots 4 & 5 (Stephen Watts) Ord. #6484-00 - Office Zoning for property located at 809 Druid Rd., Magnolia Park Sub., Blk 40, Lots 4 & 5 (Stephen Watts) Ord. #6485-00 - Annexation, 1735 West Manor Ave., Clearwater Manor, Lot 39 (Nabil & Nadia Youssef, A99-21) Ord. #6486-00 - Land Use Plan Amendment to Residential Low, 1735 West Manor Ave., Clearwater Manor, Lot 39 (Nabil & Nadia Youssef, A99-21) Ord. #6487-00 - LMDR Zoning, 1735 West Manor Ave., Clearwater Manor, Lot 39 (Nabil & Nadia Youssef, A99-21) Ord. #6492-00 - Land Use Plan Amendment to Commercial General, 2463 Gulf to Bay Blvd., Sec. 18-29-16 (Sunny Grove Mobile Home Park, Inc., Z99-04) Ord. #6493-00 - Commercial Zoning, 2463 Gulf to Bay Blvd., Sec. 18-29-16 (Sunny Grove Mobile Home Park, Inc., Z99-04) Readopt Ord. 6494-00 – Relating to Employees Pension Plan; amending Sec. 2.393 of Code of Ordinances to amend or delete definitions; amending Sec. 2.397 of Code to amend benefits under the plan; providing for referendum election relating to the pension plan Ord. #6498-00 - Relating to Occupational License Fees; amending Appendix A, Schedule of Fees, Rates & Charges by 5% increase in fees and amending administrative fee charges Ord. #6499-00 - Relating to Building & Development Regulations; amending Appendix A, Schedule of Fees, Rates & Charges, Relating to Sec. 47.084(4) Ord. #6500-00 - establish new non-resident fees for participation at City recreation facilities and in City recreation programs & activities Ord. #6501-00 - reducing number of members on Library Board from 9 to 7 In response to a question, the City Attorney said some ordinances are being re-presented due to advertising delays. Third readings correct. Mandalay Beach Club Concern was expressed a letter from the DCA (Department of Community Affairs) stated opposition to the TDR (transfer of development rights) afforded the Mandalay Beach Club development. Planning Director Ralph Stone said staff has been in contact with the DCA to resolve the 10 issues addressed in the letter. A written review of staff’s position was requested by Thursday. Mr. Stone reported he had met with PPC (Pinellas Planning Council) Executive Director Dave Healy regarding some misunderstandings and misinterpretations related to the City’s TDR process. The City’s new Land Development Code does not mesh well with PPC rules. A number of issues require modification to attain consistency. The method to allow TDRs in the City’s Land Development Code, which addresses redevelopment needs, differs from traditional countywide rules. Staff will respond, point by point, to all PPC concerns. He did not anticipate any problems. Mr. Stone said the City allows TDRs under unique circumstances only. Of 1,100 applications, the method has been used twice. Concern was expressed the City not be subject to a non-compliance lawsuit. Mr. Stone reiterated he is comfortable the City has followed Code. He hoped to resolve this issue with the PPC by Thursday. In response to a question, the City Attorney said the Mandalay Beach Club project can move forward without the commercial component originally proposed. The developer can request City assistance regarding the commercial component but is not so obligated. It was requested the developer be asked to contribute to the City’s parking fund to assist in the construction of a parking garage behind Pelican Walk. To succeed, it was stated redevelopment on north beach depends on parking. The City Manager said excess parking is available on north beach. He said the area lacks an anchor to draw interest. It was felt the City should receive something in return for its contributions to this development. It was noted the development will meet all its residential parking needs. It was felt the development will positively impact on the economic development on north beach and encourage commercial property renovations. The City Attorney said the City provided little incentives for this project. Cash outlay for improvements had been planned previously. She said the developer has not given up on attempts to purchase the abutting commercial properties. Other Commission Action Commissioner Hart requested development of an opinion gathering web site be explored. Commissioner Johnson noted citizen interest in a City magazine. The City Manager said the City would have to generate advertising to cover related costs. Commissioner Johnson expressed concern $1.5-million in funding for the new library had been transferred to other projects. Commissioner Johnson questioned why the cost of the new Island Estates playground had increased to $75,000. Staff will report. Commissioner Johnson expressed concern the Sailing Center contract is much more expensive than originally estimated. Commissioner Hooper congratulated Betsy Clement and Lucette Wombacher for being named Volunteers of the Month at Clearwater High School. Commissioner Clark recommended the City participate in the 10-year anniversary celebration of the Pinellas Trail. The City Manager said staff is pursuing a grant for East Avenue. Commissioner Clark referred to a resident’s recommendation that a private firm review the roundabout’s design. The City Manager said the roundabout’s design required compromises and consideration of a variety of needs. He said the facility is functioning very well, although not perfect. Commissioner Clark noted favorable comments greatly outnumber negative ones. As the roundabout is less than 2months old and is still a work in process, it was felt a reassessment should wait. The City Manager said staff is producing educational brochures for distribution at beach motels. Vehicle distribution will improve once the parking garage is completed. Concern was expressed regarding dangers to pedestrians. It was felt pedestrians should be encouraged to use crosswalks. It was recommended the Police have a plan to handle traffic control during crowded weekends. Mayor Aungst questioned further action on the Rice report. The City Attorney said staff is drafting a new e-mail policy and will compare it with report recommendations. Mayor Aungst recommended the review process for the City Manager and City Attorney be more formal and include a standardized form to address accomplishments, goals, and criteria. For City Commission consideration, the City Attorney will submit a 5-page form developed by Human Resources for the City’s management team. It was requested staff provide forms used by other municipalities. Concern was expressed the documents not be self-serving. It was felt the City Commission should determine criteria used for evaluation. Adjourn The meeting adjourned at 10:44 a.m.