04/03/2000CITY COMMISSION WORKSESSION
CITY OF CLEARWATER
April 3, 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 O. Sullivan Board Reporter
The meeting was called to order at 9:04 a.m. at City Hall.
Awards
Jennifer Bruty, Public Communication & Marketing, was presented the Motivational Mentor award.
Rachel Batten, Legal Department, was presented the Volunteer Service award.
Virginia Costa, Fire Administration, was presented the March 2000 Employee of the Month award.
The Commission recessed from 9:10 to 9:11 a.m. to meet as the Pension Trustees.
PRESENTATIONS
United Way of Pinellas County - recognize support of 1999 Campaign
North Area Director for United Way of Pinellas County Keith Knowles thanked staff for raising more than $96,000 for the 1999 Campaign. The City Manager recognized the efforts of volunteers
Michelle Berman and Robin Gomez.
Staff report re Shooters Restaurant and Dock
The City Manager said a presentation and discussion related to this proposed use with the Island Estates Homeowners Association has been scheduled for April 12, 2000.
Assistant City Manager Bob Keller reviewed the Economic Development Department’s standard procedure when responding to development inquiries. The Quick Response Team met with parties
interested in the vacant Flagship restaurant property on Island Estates. Both plans required significant due diligence. The party that had proposed constructing a high-rise residential
project lost interest after considering development hurdles.
The second party first expressed interest in a nonspecific use that required dock access. Following normal procedure, relevant staff met with the party several times to articulate issues
and offer advice based on City values, which support family-friendly restaurants that serve residents and tourists. By the third meeting, the interested party was identified as Shooters.
South Florida sources have indicated the restaurant serves a variety of foods and attracts all ages.
Harbormaster Bill Morris said the City owns bottom-land under the proposed dock and must use it for a public purpose only. The dock must be a public use facility. Staff has made only
one application related to this proposed development. The MAB (Marine Advisory Board) recommended approval. The Marina wishes to increase amenities offered to transient boaters, such
as a swimming pool and the ability to dock and dine or shop. Staff felt the project could not be considered until outside regulators had settled the dock issue. In response to a question,
Mr. Morris said past efforts to permit an Island Estates marina were denied due to the water’s high copper content. A nearby marine firm uses several City moorings in the channel but
has agreed to move some boats. The City routinely files applications on behalf of Marina tenants who wish to make and finance changes. A Citywide analysis of docks is underway.
The City Attorney said if the dock is approved, the developer must grant an easement for public access to the sidewalk. Staff put the burden of risk and expense on the interested party
to pursue issues related to the dock.
At the developer’s request, Mr. Keller reported writing two letters to the property owner requesting a contract extension until issues are resolved. Staff also urged the developer to
contact neighboring developments and the Island Estates Civic Association to garner support. The developer chose to handle outreach without staff’s help. The applicant is responsible
for building neighborhood consensus. The City Manager had briefed individual Commissioners. When appropriate, staff will examine the project and bring all relevant decisions to the
City Commission for consideration. Staff annually handles approximately 100 inquiries in this manner. Applicants must resolve all related issues before any project can move forward.
The City Attorney said the dock was one of many issues discussed at the two meetings she had attended. Approximately 6 months after the restaurant concept first was proposed, the Quick
Response Team decided to verify the feasibility of a dock by applying for a permit. In response to a question, the City Attorney said City liability insurance covers docks and the marina.
Discussions with the developer have not addressed additional insurance requirements. In response to a question, Mr. Morris said the consumption of alcohol is not restricted on private
boats docked at the Marina.
The City Manager said he had approved the concept when it was presented to him. He is familiar with the chain of restaurants and wanted something done about the property’s deteriorating
condition. He had agreed the primary issue of the dock should be explored.
It was felt the restaurant’s management would discourage public access to the dock, and may violate the noise ordinance and create neighborhood problems. It was stated the City Commission
should be apprised earlier whenever public land use is considered to allow public debate. It was stated the Commission needs timely information to respond to resident inquiries.
Support for Quick Response Team actions was expressed. It was noted the MAB had discussed and approved the dock. It was indicated the Quick Response Team has brought forward many
exciting projects. It was felt all Commission concerns will be addressed. The boating community’s need for public dock space was stated.
In response to a question, the City Manager will verify the date he first discussed this issue with individual Commissioners. The City Attorney said the restaurant will not lease the
submerged land. In response to a question, Mr. Keller said the need for public discussion and confidentiality requires a careful balance. It was suggested presenting this project to
the public earlier in the process would have provided a false picture. The City Manager noted the City Commission makes all final decisions.
PUR PURCHASING
Kaiser Pontiac-Buick GMC, Inc., one 2000 GMC Sierra cab & chassis with platform body, replacement, $24,094.42; financing to be provided under City's Master Lease-Purchase Agreement (GS)
Communications International, mobile radio parts & batteries, 4/7/00-4/30/01, estimated $50,000 (GS)
Ericsson Inc., portable & mobile radio repair, 4/7/00-4/30/01, estimated $50,000 (GS)
Times Publishing, advertising, 4/7/00-9/30/01, estimated $60,000 (PCM)
Bell Chevrolet, one 2000 Chevrolet 8 passenger van, replacement, $18,616; financing to be provided under City's Master Lease-Purchase Agreement (GS)
Industrial Refuse Sales, compactor containers & parts, 4/7/00-4/30/01, estimated $95,000 (SW)
Sper Chemical, long chain linear polyphosphate, 1st & Final renewal to 2 years available, 7/1/00-6/30/02, estimated $260,000 (PW)
APAC-Florida, slag cold mix asphalt, 1st renewal of 2 available, 4/1/00-3/31/01, estimated $50,000 (PW)
B & H Photo, one Sony camcorder kit, $21,630; financing to be provided under City's Master Lease-Purchase Agreement (PCM)
Leachem Industries Inc., aluminum chlorhydrate, 4/7/00-4/30/01, estimated $72,000 (PW)
McClain Southland Inc., two 2000 Mack front loader garbage trucks, replacements, $286,636; financing to be provided under City's Master Lease-Purchase Agreement (GS)
Coastline Equipment, one 2000 Case Super L loader/backhoe, replacement, $49,383; financing to be provided under City's Master Lease-Purchase Agreement (GS)
Atlantic Ford Truck Sales Inc., two 2000 Sterling LT9500 trucks, replacements, $141,640; financing to be provided under City's Master Lease-Purchase Agreement (GS)
Declare surplus to City needs, 2 fire engines; authorize disposal through Tampa Machinery Auction
In response to a question regarding the camcorder kit, Public Communication and Marketing Director Jackie Molsick said this purchase will replace the field camera the City had purchased
used 5 years previously. .
ED ECONOMIC DEVELOPMENT
Contract with Siemon & Larsen for amount not to exceed $500,000; establish budget of $700,000 for Downtown Redevelopment Project ($500,000 for Siemon & Larsen contract and $200,000
for other expenses including necessary referendum, surveys, market data reports, etc.)
The City Commission approved staff to negotiate a downtown development agreement with de Guardiola Inc., and Renaissance Partners. Staff does not have the expertise necessary to negotiate
this development agreement and recommend retaining Charlie Siemon, with Siemon & Larsen, to represent the City.
Siemon & Larsen negotiations will include, but not be limited to: 1) program all development activity involving publicly owned land or public obligations other than ordinance administration
of City Land Development Regulations; 2) project design, character, location and magnitude; 3) disposition terms and conditions for all public land interests to be developed for private
use; 40 terms and conditions governing provision of public infrastructure and improvements required to support redevelopment; 5) developer obligations and performance security related
to public/private improvements; 6) terms and conditions governing maintenance of public and private areas; and 7) financial terms and conditions relative to all aspects of the project.
Simon & Larsen also will prepare all documentation necessary to memorialize the public/private partnership to ensure compliance with law and the enforceability of City rights; 2) legal
memoranda and options as required; and 3) obtain needed approvals and permits.
Also funding is necessary to pay for the necessary referendum, surveys, design, technical assistance for land appraisals and market data, public meetings, public information materials,
and reports.
In response to a question, the City Manager said undesignated retained earnings would be used to finance this item. The City Attorney estimated the Siemon & Larsen contract would
be less than $500,000. It was noted this facet is the most important one related to downtown redevelopment. The City Attorney reviewed related responsibilities that include a development
agreement, expectations, measurements, City responsibilities, etc. She anticipated the agreement will be completed within a year. Concern was expressed regarding the ongoing availability
of Siemon & Larsen as the agreement extends at least 9 years into the future.
FD FIRE
Contract to Pierce Manufacturing Inc., purchase one Pierce "Skyarm" Aerial Apparatus, $786,428; authorize lease purchase under City's Master Lease-Purchase Agreement
The proposed unit meets the Fire Department’s need to replace the 1980 E-One Simon Snorkel Aerial Apparatus, which will have exceeded its useful life span. Delivery will be on or after
October 1, 2000.
In response to a question, Fire Chief Rowland Herald estimated the truck should be delivered before the end of 2000. He recommended against donating the old truck as it is fraught
with problems. The manufacturer of the new apparatus also services the equipment.
PD POLICE
Lease Agreement with Bert Smith Leasing, Inc., one year lease of two 1999 Chevrolet Sedans, $9,924
The Police Department’s Patrol Division will use these vehicles during covert operations.
In response to a question, Deputy Police Chief Bill Baird said these used vehicles are one year old. The 2-door sedans purchased last year are used for specialized community policing.
PR PARKS AND RECREATION
Approve allocating $40,000 from Recreation Facility Impact Fees for improvements to public beach access between Landmark Towers & the Meridian on Sand Key; and preliminary costs for
proposed landscape improvements on 6 new medians on Gulf Boulevard on Sand Key
Staff recommends installing concrete sidewalks, metal railings, landscaping, rope, and bollards at a cost of $40,000, along the City's 5-foot public access easement on the south side
of the Meridian Development just north of Landmark Towers Condominiums.
Also, the City, County, and Sand Key Civic Association are considering ways to improve landscaping on Sand Key. During its current widening project, Pinellas County has agreed to install
6 medians along Gulf Boulevard for pedestrian safety and City landscaping. The road contractor will install irrigation and electrical sleeves in the medians at a cost to the City of
$15,000. Landscaping installation should begin within a year. Although a design has not been prepared, staff estimates installation costs at approximately $175,000, and perpetual maintenance
at approximately $17,500 annually.
In response to a question, Parks & Recreation Director Kevin Dunbar said the easement is on City property. The City has requested the upgrade and will pay to landscape and maintain
the medians.
PW PUBLIC WORKS
Public Hearing & First Reading Ord. #6516-00 - Vacating W 3' of 10' utility easement lying along E side of Lot 22, East Druid Park, less northern 5' & southern 5' (Weaver, V00-03)
The house at 2086 North Druid Circle, built prior to current review procedures, encroaches into the easement. The City has no utilities within the easement. Public utilities do not
object to the vacation request.
In response to a question, Assistant Engineering Director Mike Quillen did not know why a survey had not been submitted when the house was constructed in the 1960s.
First Reading Ord. #6532-00 - increasing domestic water, lawn water & wastewater collection utility rates by 6.6% beginning 5/1/00
The increase is necessary to meet debt service requirements and continue capital improvement projects to expand reclaimed water services, upgrade water pollution control facilities,
and rehabilitate the wastewater collection system.
By ordinance a 3% increase for domestic water, lawn water, and wastewater collection utility rates, based on recommendations of a previous rate study, became effective October 1, 1998.
Additional anticipated increases were 9.7% in 2000, 8.8% in 2001 and 2002, and 3.1% in 2004. Following the study, changes to operating and capital plans and a significant refunding
of existing debt necessitated adjustments.
Burton & Associates has completed a 5-year water and wastewater collection utility rate study, which recommends a 6.6% annual increase for each of the next 5 years. The increase will
provide sufficient funds to cover debt service, operation costs, and capital improvement projects. The proposed ordinance will authorize the first annual 6.6% increase to be effective
on May 1, 2000.
An independent study of Utilities Department operating and capital improvement programs will determine the need for future rate increases. Staff proposes to issue a RFP (Request for
Proposals) for a consultant to complete a comprehensive cost analysis of the City’s water and sewer systems that will benchmark national averages, establish funding levels, and develop
a long-range plan. Staff also proposes that Burton & Associates perform a rate structure study. The current water and sewer rate structure is not compatible with national standards
and needs adjustment to distribute costs more equitably among all users.
Public Utilities Director Kevin Becotte reviewed needs related to future changes, including construction of a desalination plant, staff increases, equipment replacement, rehabilitation
of sewer pipes and pump stations, and replacement of the 40-year old water main to Clearwater beach. Staff plans to work with restaurants to determine alternate ways to dispose of grease.
He said the proposed rate increase of 33% by 2004 would cover inflation, reclaimed water, increased capital improvement needs, etc. The City currently charges the 4th lowest rates
in the County.
In response to a question, he said staff had factored in higher costs related to the City’s abandonment of its wells and need to purchase all of its water by the end of 2001. Although
the City’s building code addresses the disposal of restaurant grease, the issue is never revisted. In June 1999, Pinellas County passed a countywide grease ordinance. Staff will present
related recommendations for City Commission action.
Burton & Associates Representative Robert Lockeridge said the size of the rate increase is designed to avoid 10% increases. In response to a question, Mr. Becotte said the City has
agreed to pump 3-million gallons of reclaimed water a day to the County instead of releasing it into Tampa Bay. The City is proceeding with its 20-year master plan. Rates are based
on assumptions and may increase higher if Tampa Bay Water raises its rates. He estimated the reclaimed water project will cost $70-million.
Contract to Burton & Associates, Inc., for Water/Sewer Rate Structure Study, $49,870
Since 1985, the City’s domestic water and sewer service rate structure has increased charges as customer consumption increased and established a minimum consumption rates based on meter
size. Staff recommends adjusting the rate structure to distribute costs more equitably among users. Burton & Associates will evaluate the current rate structure, recommend alternatives,
propose a rate structure compatible with AWWA (American Water Works Association) standards, prepare rate models for testing and
presentations, and review the Utility Billing System for a measurement conversion from cubic feet to gallons. The firm has performed previous Utility Rate Studies for Clearwater and
is familiar with the billing system. The Commission will review and approve firm recommendations.
It was questioned why the study is necessary when the last study was completed in 1998. Mr. Becotte said this study differs from previous ones as it will restructure unit rates to
be fair and equitable to all customers. The impact of capping the sewer rate must be studied. Concern was expressed when they approved the 1998 study, the City Commission had been
told another study would not be needed until 2003.
Contract to Morelli Landscaping, Inc., for Gulf to Bay Boulevard Median Landscaping & Irrigation - Phase 3 - Court Street, from Highland Avenue to Missouri Avenue, plus one median east
of Old Coachman Road, $211,967.03
The project’s scope of work includes all labor, materials, equipment, supervision, MOT (maintenance of traffic), transportation, and services necessary to dig, ball, burlap, and remove
ligustrum trees, remove sod and 12 inches of soil from median planting areas, backfill with clean fill, and install landscaping and irrigation according to plans and specifications.
Warranties are one year for palms and 6 months for all other plant materials. The contractor will provide maintenance up to 12 months, until the Parks & Recreation Department’s maintenance
contract begins.
The project will improve 4 medians on Court Street between Highland and Missouri avenues, plus one median east of Old Coachman Road on Gulf-to-Bay Boulevard. Bid quantities are based
on FDOT (Florida Department of Transportation) approved plans and staff’s best estimate. Payment will be based on unit prices as bid. The 60-day project will begin in late April.
Concern was expressed the proposed cost to landscape 0.7 mile is too high. In response to a question, city Engineer Mike Quillen said the orphan median is in front of the razed Froggy
building. Gulf-to-Bay Boulevard will be landscaped from US 19N to Missouri Avenue.
Water Restrictions
In response to a question, Mr. Quillen outlined current watering restrictions. The CRT (Community Response Team) is warning offenders but soon will issue tickets. In response to a
question, Mr. Becotte said the City has not adopted county restrictions, which also permit well irrigation two days a week. It is difficult for staff to determine if irrigation is using
potable or well water.
CA LEGAL DEPARTMENT
OTHER CITY ATTORNEY ITEMS
First Reading Ord. #6535-00 - Relating to annexation, providing City of Clearwater shall not annex property south of Belleair Road through the close of the 2001 Florida Legislative Session;
approve interlocal agreement with Largo re annexation issue
The City has agreed that it shall not annex property south of Belleair Road through the close of the 2001 Florida Legislative Session. The City of Largo has agreed to pass a similar
ordinance agreeing not to annex property north of Belleair Road.
The City of Clearwater and City of Largo have agreed to an Interlocal Agreement whereby each party agrees not to annex property across Belleair Road. Properties annexed and served
by Clearwater and properties annexed but not served by Clearwater south of Belleair Road are identified. Properties annexed and served by Largo north of Belleair Road also are identified.
The cities agree their border is Belleair Road except on US 19N, where
Allen’s Creek serves as the boundary. The cities agree to seek a special act of the legislature or Charter Amendment in Pinellas County to implement the line.
The Interlocal Agreement results from a joint meeting between the cities to discuss the City of Clearwater’s lawsuit challenging Largo’s annexation of the 14-acre property on the northwest
corner of Belleair and Belcher roads. In the proposed settlement, the City of Clearwater accepts Largo’s annexation of the 14-acre site. The cities will retain parcels already annexed.
The cities will agree to the firm line between the cities. Each city will pay its own legal costs. Clearwater will dismiss its lawsuit against Largo.
As the Mayor will not be present on April 20, 2000, consensus was to vote on both issues this Thursday.
Attorney/Client Session
The City Attorney requested an attorney/client session regarding the Pinellas County School Board and St. Petersburg Junior College versus the City be scheduled for April 6, 2000, at
5:15 p.m. Consensus was to so schedule.
City Manager Verbal Reports
The City Manager said staff will schedule a meeting to discuss budget issues.
Commission Discussion Items
Roundabout
Commissioner Hart requested staff delay implementation of proposed changes to the Roundabout. He said proposed lane markings are not clear and signage that does not designate “north”
or “south” beach is confusing. He recommended all options be considered before any are implemented.
Public Works Administrator Mahshid Arasteh said the marking will direct vehicle into the inside lane, similar to a spiral. Commissioner Hart said public input should be gathered before
this plan is implemented. Ms. Arasteh said the markings will eliminate conflict. In response to a question, she will submit the credentials of the expert, Mr. Crown, who designed the
changes. Concern was expressed the original designer later stated he did not know the roundabout would have to handle so much traffic. Commissioner Hart questioned if the latest report
is truly independent.
The City Manager said there was no way to predict a 30% increase in traffic. The roundabout was designed to balance the needs of vehicles and pedestrians. Ms. Arasteh said new signage
should be ready by May. Larger signs will present information to drivers earlier. Restriping will begin next week. The new signal will be activated tomorrow. She will report on the
cost of implementing these recommendations. The City Manager said tourists are not familiar with the difference between north and south beach.
It was requested staff remind FDOT (Florida Department of Transportation) regarding the need for the bridge to adhere to the raising/lowering schedule. The schedule was off by more
than 15 minutes last weekend. Ms. Arasteh will forward a letter regarding this issue.
Commissioner Hart opposed requiring a lane change in the roundabout. It was felt the City Commission should trust staff when they indicate someone is an expert.
The majority of the Commission recommended staff implement proposed changes to the roundabout.
Clearwater County Club
The City Manager said the referendum permitting an extension on 60-year leases had failed. Parks & Recreation Director Kevin Dunbar said the club will reincorporate as a different
entity. The City can condemn the property and acquire it, continue negotiations with the club as a different entity, or issue a RFP (Request for Proposals) for a different operator
to run the golf course and reconfigure the 9th hole as it currently extends to club property. It was noted the City also would have to add parking and a field house.
Commissioner Hart expressed concern the City’s pamphlet related to the referendum had stated the club would not be able to renew its lease unless the citizens approved the referendum
item. It was stated the City Commission had discussed the possibility of the club changing its entity if the referendum item did not pass. In response to a question, Mr. Dunbar said
issues under discussion include swapping land with the club and the location of a new clubhouse.
Other Commission Action
Commissioner Johnson said, in reference to the upcoming report from the Fire Task Force, that homeowners once purchased fire marks for fire services.
Commissioner Johnson thanked Commissioners for considering him for the Vice Mayor position.
Commissioner Hooper reported he had represented the City at last night’s Panhellenic Council of Florida festival, which featured many visitors from Crete.
Commissioner Clark thanked Gulf-to-Bay Boulevard businesses for participating in beautification efforts.
Commissioner Clark wished the University of Florida’s basketball team good luck at tonight’s championship game.
Adjourn
The meeting adjourned at 12:22 p.m.