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02/14/2000CITY COMMISSION WORKSESSION CITY OF CLEARWATER February 14, 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 Brenda Moses Board Reporter To provide continuity for research, items are in agenda order although not necessarily discussed in that order. The meeting was called to order at 1:00 p.m. at City Hall. Service Awards Four service awards were presented to City employees. Jeff Daniels, Fire Department, was presented the January Employee of the Month award. Human Resources was presented the Team of the Quarter Award for September 1999 to December 1999. The Commission recessed from 1:10 to 1:51 p.m. to meet for a closed bargaining session and convene as Pension Trustees. PRESENTATIONS Two awards from Florida Government Communicators Association - Jackii Molsick Jackii Molsick, Public Communications and Marketing, presented the Commission two bronze awards from the Florida Government Communicators Association awarded in late 1999. One award is for public information done on a shoestring budget for the Downtown Farmer’s Market held every Saturday in Coachman Park; the other for community relations for the “Vision” brochure. PUR PURCHASING Kaiser Pontiac-Buick GMC, Inc., three 2000 GMC Sonoma compact pickup trucks (replacement) for use by CRT, $46,449; funding to be provided under City's Master Lease-Purchase Agreement (GSS) Superior Auto Centers, tires, 3/15/00-3/31/01, est. $50,000 (GSS) M.T. Deason Company, Inc., gas materials - 2406 polyethylene pipe & fittings, 3/1/00-2/28/01, est. $80,000 (GAS) M.T. Deason Company, Inc., gas materials - steel pipe & fittings, 3/1/00-2/28/01, est. $60,000 (GAS) Doctor's Walk In Clinic, 1st of 2 extensions, medical examination service for Fire Department personnel & pre-employment applicants, 2/18/00-2/28/01, est. $38,000 (FD) Declare surplus to city needs, vehicles, equipment, gas materials - steel pipe & parking meters; authorize disposal through auction or sealed bid In response to a question regarding $50,000 for tires from Superior Auto Centers, Purchasing Manager George McKibben said the annual contract for tires provides for purchases as necessary. In response to a question regarding steel pipes and parking meters being declared surplus, Mr. McKibben said more pipe was purchased than was needed when the City originally purchased it. The contract did not provide a clause for nondelivery of unused pipe. The City will re-sell the unused pipe to other entities. Mr. McKibben said the parking meters will be sold to the highest bidder via sealed bids. Names of interested parties have been collected. ED ECONOMIC DEVELOPMENT Approve City's annual membership in Tampa Bay Partnership, for fiscal year 1999-2000, $50,000 (Consent) The Tampa Bay Partnership has provided invaluable marketing services for the region. The image enhancement and research of the Partnership has enhanced the City’s ability to attract and retain businesses. The Mayor has served on the Policy Board. The Assistant City Manager for Economic Development has served on the Marketing Committee with Commissioners attending key functions during the year. In consideration for the City’s membership, the Partnership provides services such as having the City featured in advertising in economic development publications, providing regional and national public relations assistance for the One City. One Future. Blueprint for Clearwater’s future, and membership in key committees which keeps the City included in plans and strategies for issues such as transportation, workforce development, and international trade. The Partnership provides essential research on targeted industries, which enables the City to better target attraction activities and provides regional comparisons of economic and demographic data. The Partnership has assisted in the location of larger industries, which assists Clearwater by providing growth opportunities and sales leads for our existing businesses. The Partnership provides timely legislative updates and takes on a leadership role in supporting legislation that is good for the region. The City’s current dues are $50,000 per annum, which is funded in the Economic Development operating budget. Concern was expressed that over the last few years, the annual membership fee was $20,000, not $50,000. Economic Development Manager Bob Keller said benefits to the City include bringing the public and private sector together for a regional approach and invaluable research and marketing for the region. Mr. Keller felt the cost is in line with fees other partners were asked to pay. Rank Downtown Redevelopment Proposals The Downtown RFDQ Selection Committee commented on why they chose the developers they selected. Although they praised both development companies, Dr. Arlitta Hallam, John Asmar, and Michael Roberto chose Waltemath/MarketFest, and Bill Horne and Bob Keller chose George de Guardiola’s firm. In response to a question, Dr. Hallam said she had previously provided a quote from a third party regarding criticism of the George de Guardiola firm, but personally had no problems with their integrity. In response to a question, Mr. Roberto said both firms are concerned with making the development plans work economically. He said Mr. de Guardiola’s approach is more incremental and Mr. Waltemath’s approach is more direct in moving things in a shorter period of time. Mr. Roberto said people have difficulty understanding the proposed changes because they are comparing those changes to what exists now. It was remarked that the Commission is committed to the community and intends to incorporate community input into the process. In response to a question, Mr. Asmar said he expects to have the Masterplan for the beach and downtown in two weeks. Discussion ensued regarding Cleveland Street, the bluff, etc. It was remarked that part of the process involves performing marketing studies. It is unknown what will work on the bluff, etc. at this time. It was felt that a remark made regarding the Commission finding a trick way to avoid a referendum was disappointing. The people will ultimately vote on the final plan. The Commission encouraged everyone to contact them before Thursday night with questions or comments. Mayor Aungst and Commissioner Hooper encouraged citizens not to listen to rumors. The meeting recessed from 3:28 to 3:48 p.m. FD FIRE Contract to Suncoast Inflatables, Inc., one Apex A-19 dive/rescue boat, $28,656.51; funding to be provided under City's Master Lease-Purchase Agreement (Consent) This equipment will enhance water rescue capability in foul weather and provide a safer and more stable platform for rescue personnel due to the rigid hull inflatable design which is used by the United States Coast Guard and other water rescue agencies throughout the world. This vessel is fully equipped with the appropriate safety and navigational systems to operate in coastal waters. This vessel will augment Clearwater’s water rescue program by providing rescue personnel with a means to access victims in foul weather and rough sea conditions, which is beyond the limitations of the current vessels. It also will provide faster response times in all weather and sea conditions thereby increasing the chances for survival of the critically injured. In response to a question, Deputy Fire Chief Jack Callahan said the current boat will be used for other purposes. FN FINANCE Retained Earnings Policy Margie Simmons, Financial Services Administrator, said in order to ensure adequate financial reserves, a General Fund unappropriated retained earnings equal to 8% of the subsequent year’s budgeted expenditures will be adequate. Should funds in excess of 8% be available in any fiscal year, these funds shall be identified as available and may be appropriated for special Capital Improvement Projects or used to reduce the subsequent year’s ad valorem millage. Staff has researched appropriate balances for reserves. She said many insurance and rating agencies require a minimum of 5%. She feels 8% is an adequate reserve. It was remarked in 1990 a 10% reserve was in place. Staff will provide information regarding what that 10% represented and what the 8% represents today. Ms. Simmons said the unaudited numbers were $1.4 million above what was expected for this year, or a retained earnings of $7.8 million. Last year, approximately $500,000 was used to balance the budget. Three items were appropriated from the fund balance: 1) $25,000 for Clearwater High School track; 2) $30,000 for the Homeless Intervention Project; and 3) $200,000 for 2000 Vision funds, leaving 9.8% of unappropriated reserves. As the fund has been designated to be maintained as a contingency fund and appropriated only in case of emergency or urgency to meet unanticipated financial needs, it was suggested changing this language to clarify how the funds can be used other than for an emergency. GS GENERAL SUPPORT SERVICES Authorize establishment of capital project called "SPJC Field Site Development" with funding of $50,000 to be transferred from unappropriated retained earnings of the Special Development Fund (Consent) Keith Ashby, General Support Services Administrator, said the SPJC Field Site Development project is required to ascertain the suitability of the site as a preliminary and possible future site of a new sports stadium as a venue for numerous community recreational and entertainment activities. Funding for the project will require a first quarter budget amendment transferring $50,000 from the unappropriated retained earnings of the Special Development Fund to establish a capital project for this purpose. Phase One has been completed and a Phase Two study of this property for examination of soil content must be done. It was remarked that this project does not qualify as an emergency although it is being requested to use unappropriated retained earnings fund. Ms. Simmons said the project costs will come out of the undesignated retained earnings of the special development fund, not the general fund. It is interest earnings on sources that do not require their interest to be used for a particular purpose. Ms. Simmons said staff is in the process of completing the annual financial report. All sources of funds will be apparent. It was requested that staff research what can be done regarding drainage issues in the College Hill neighborhood should the City take over this property. In response to a question, Mr. Ashby said the subject site encompasses land from Drew Street north to Sharkey Road. The current parking at the college contiguous to Drew Street on the north side is part of this site and the college is considering moving those parking spaces to another location within their property. PR PARKS AND RECREATION Approve 2-year lease with Clearwater Golf Associates Inc. for operation of property currently known as Clearwater Golf Park, including annual lease payment of $36,000 and over $91,000 in improvements to the course Clearwater Golf Park, Inc. (CGP) has operated the Golf Park since February 24,1970. The current lease expires on February 28, 2000. Negotiations with CGP to extend the lease have been unsuccessful. Staff contacted previously interested vendors to submit a proposal to operate the course from March 1, 2000, until February 28, 2002. Written proposals were due on January 28, 2000. Proposals were received from Clearwater Golf Associates, Inc., Frank G. Longo, Jr., Robert O. Bauer, Jr., and Jim Barber. Staff reviewed all proposals and determined that Clearwater Golf Associates provides the greatest opportunity for combined course improvements, lease payments, programming, and experience. Two of the proposals provided a slightly higher lease payment to the City. (Longo 42,000, Barber $38,322.50) but staff’s recommendation is based on not only the lease payment but CGA’s proposal to provide over $91,000 in improvements to the course. This far exceeds the other two proposals. The following items will be addressed in the lease agreement: 1) complete redesign and construction of the landscaping and parking lot (estimated value $20,000); 2) new identification sign (following the City’s format; estimated value $1,200); 3) refurbish club house (estimated value $40,000); 4) rejuvenate driving range, fairways and greens (estimated value $30,000); and 5) lease payment of $36,000 annually payable in quarterly installments to the City. Staff recommends approval of a two-year lease between Clearwater Golf Associates, Inc.,and the City for the operation of the Clearwater Golf Park. Kevin Dunbar said the contract will be for a two-year lease only with various future options to the City thereafter. Vendors only had one week to present their proposals. He said Mr. Barber’s company submitted expense sheets well after the requested deadline. Staff interpreted items provided by Mr. Barber to be items that would happen after the two-year lease period. He said although CGA’s budget is nearly twice that of Mr. Barber’s, CGA will guarantee over $91,000 in improvements to the Park. It was suggested staff consider both vendors equally with respect to those items to be covered. The City Manager said as the Commission has asked staff to find ways to generate additional revenue from City facilities, this proposal will increase revenues from $1,000 on all four courses to $167,000. PW PUBLIC WORKS Amendment No. 1 to Joint Project Agreement for utility installation by roadway contractor for Alligator Creek Channel "A" Detention Area at Logan Street, increasing est. cost by $63,665, revising method of payment (Consent) On December 20, 1994, the Commission approved the Joint Project Agreement for Utility Installation by Roadway Contractor for Alligator Creek Channel “A” Detention Area at Logan Street. The County did not proceed with the project in 1995 as planned, therefore our original Engineer’s Estimate of $155,295 needs to be revised to $218,960 in order to reflect current estimated construction costs of an additional $63,665. The amounts included on this agenda item are the Engineer’s Estimate and the exact costs will be determined by the contractor’s bid. The revised Engineer’s Estimate includes an added 10% for contingencies which the county requested and PWA feels is in everyone’s best interests. This amendment also revised the method of payment for JPA’s. The new method requires deposit of funding into a trust account for the purpose of payments by the County to the contractor. This is the method currently used by the County on all new Joint Project Agreements. Interest will accrue to the account and will be available for project costs if needed. Any unused money in the account, including interest, will be refunded to the City upon completion of the project. This project will start on or about May 1, 2000 and be completed within the contract time of 330 calendar days. The available balance in Sanitary Sewer Utility Relocation Accommodation capital improvement project is adequate to fund this project. Mashid Arasteh, Public Works Administration, said this request for utility installation is an estimated increase in price due to increased construction costs. The funds are available now and the project will be put out to bid. Construction is expected to begin in May 2000. As the funds have already been allocated since 1994, the request is only for an additional $63,665. Coastal Construction Control Line Presentation Ms. Arasteh presented information regarding the FDEP (Florida Department of Environmental Protection) re-establishing the Pinellas County CCCL (Coastal Construction Control Line). The line protects State beaches and dunes while providing reasonable use of private property. The line is the elevation at which a 100-year storm event plus a three-foot wave surge could occur. Sample areas included the residential area on the north beach, the commercial area on north and south beaches, and Sand Key. The previous CCCL was compared to the proposed CCCL line. For residential areas between Mango Street north to Kipling Plaza, the line has moved eastward 125 feet. In the commercial areas near Bay Esplanade north of Baymont Avenue and near Mandalay Avenue, the line has moved between 30 to 220 feet; at the commercial area south around Pier 60, State Road 60, south to First and Third Streets, the difference is 50 to 230 feet. At Sand Key, from Crescent Beach Club to Sand Key condo south, the difference is 95 to 255 feet. This information is available in the City Public Works Administration office. Ms. Arasteh said any development west of the CCCL requires FDEP permits. The City cannot issue permits in that area. Permit requirements include: 1) elevating first floor of structure above storm surge; 2) structure meeting wind loads; and 3) increased strict requirements for foundation tie downs. Properties grandfathered in include: 1) existing structures; 2) new structures with foundation already in ground; and 3) in some cases FDEP permission to rebuild a structure. Three workshops are scheduled to discuss the CCCL: 1) 6:00 p.m. on March 7 at City Hall; 2) 6:00 p.m. on March 8 at Treasure Island Community Center; and 3) a briefing to the Pinellas County Commission at 9:30 a.m. All meetings will be announced in local newspapers and Florida Administrative Weekly. In March 2000, the FDEP will consider public input and only technical opposite changes will be considered. In March 2000, the FDEP will publish notices of proposed rulemaking in the Florida Administrative Weekly. In April 2000 a final public meeting will be held in Tallahassee and the FDEP will only consider technically oriented opposition. The schedule indicates adoption of the new CCCL in June 2000. Steve West, FDEP, said all setback lines were abolished when the CCCL was established. Mr. West said there is an application process available to those who wish to develop west of the CCCL. Once the criteria for local zoning codes has been met, analysis of applications include consideration of adverse impacts, elevation requirements, and surge and wave heights. Historically, the CCCL has never interfered with coastal development. The CCCL has been placed in a location that more accurately protects the beaches and dune system. In response to a question, Mr. West said he did not know if the citizenry agrees with or understands the new CCCL. Mr. West said the FDEP has 30 days to review the application and a decision is made within 90 days. In response to a question, Ms. Arasteh said the new CCCL does not affect Island Estates. PLD PLANNING & DEVELOPMENT SERVICES Ratify/Confirm City Manager's decision to increase contract with Laub's Landscape Maintenance, Inc., for lot mowing/clearing services, to new total of $50,000 (Consent) There has been an increased workload caused by the new Community Development Code under the One City. One Future. Program. An unanticipated clean up of a large site with the closing of Builder’s Square amounts to $5,585.52. This contract will increase from $20,000 to $50,000 for remaining period of contract (September 30, 2000). Funding is available within the Planning and Development Services Department from savings in debt service costs to fund this contract. In response to a question, Planning and Development Services Director Jeff Kronschnabl said the City has an aggressive program to clean up problem properties in the City. Staff has spoken to representatives from Home Depot who have agreed to reimburse the City for the fees. As problem properties can present health, safety, and welfare issues, the City cleans up some private properties and places liens on those properties to recover costs. Generally, it is expected that the new owner will clean up the property. In response to a question, the City Manager said the language in the staff report referring to the remaining period of the contract will be revised from May 31, 2000, to October 30, 2000. Mr. Kronschnabl is unsure of the percentage of costs recovered. (Cont. from 1/20/00) Public Hearing & First Reading Ord. #6491-00 - LMDR Zoning, 608 Orange Ave., Starr & Savery's Addition to Clearwater, Blk 6, Lot 1 (Jerry & Lynda Gilliam, Z99-05) Assistant Planning Director Cyndi Hardin said this is a request from the applicant to amend the rezoning application from Low Density Residential (LDR) to Low Medium Density Residential (LMDR) for 608 Orange Avenue. The applicant plans to build a second house on the west vacant lot. He also will need a flexible site plan approval for the lot size and the reduced front setback which is scheduled for review by the Community Development Board tomorrow. One Commissioner has received letters from neighbors opposing the application. Public Hearing & First Reading Ords. #6495-00, #6496-00 & #6497-00 - Annexation, Land Use Plan Amendment to Commercial General & Commercial Zoning, 2238 & 2244 Drew St., Temple Terrace Sub., First Addition, Blk D, Lots 24 & 25 (Dolores S. Day A00-01) Ms. Hardin said the applicant requests annexation in to the City to receive City water and sewer service. The property will have a land use plan designation of Commercial General and the proposed zoning is Commercial (C) to reflect existing office uses. The CDB approved the application at its January 25, 2000, meeting. Public Hearing & First Reading Ords. #6502-00 & #6503-00 - Land Use Plan Amendment to Commercial General & Commercial Zoning, 704 & 706 N. Myrtle Ave., 700 Eldridge St., & 703 Blanche B. LittleJohn Trail, portion of NE¼ of SE¼ of Sec. 9-29-15; R. H. Padgett's, Blk 2, Lot 4; part of Government Lot 3 in Sec. 9-29-15 (Koster, Parker, White & Carson, Jr., Z00-01) Ms. Hardin said the site is 1.3 acres, one half-mile north of the Municipal Services Building on the west side of Myrtle Avenue. Multiple owners, one of which has specific development plans, are requesting this amendment. One owner plans to open a restaurant. That property is nonconforming. The balance of the owners have no specific plans for development. Staff feels as the east side of Myrtle Avenue is generally commercial uses and some properties on the west side are commercial, the size of the property this proposal could be an effective redevelopment. At the January 25, 2000, meeting, the CDB recommended approval of the application. The application will be subject to PPC (Pinellas Planning Council) review. Public Hearing & First Reading Ords. #6504-00, 6508-00 & #6509-00, - Annexation, Land Use Plan Amendment to Commercial General & Commercial Zoning, 1939 Sunset Point Rd., Sec. 1-29-15, Pinellas Groves, part of Lot 3 (Daniel Silvie & Linda Pappas, A00-02)) Ms. Hardin said the applicant proposes to annex the south portion of the property into the City. The north portion is in the City. The applicant is requesting a Land Use Plan Amendment from Residential Medium (RM) to Commercial General (CG) and a zoning change from Medium Density Residential (MDR) and County zoning to Commercial (C) on approximately a 0.82-acre site. The CDB recommended approval of the application at its January 25, 2000, meeting. Public Hearing & First Reading Ord. #6507-00 - Amending Community Development Code by amending Art. 8, Definitions and Rules of Construction, Sec. 8-102 by revising definition of Assisted Living Facility and Congregate Care to reflect that 3.0 beds are equivalent to 1 dwelling unit Ms. Hardin said a developer wishes to annex a property off Montclair Road to be used as an assisted living facility. The County recently amended the residential equivalent uses to 3.0 beds. The City allows for 2.5 beds per dwelling unit. Staff agrees that the City’s 2.5-bed requirement is a disincentive to annex into the City, therefore the proposed amendment is to increase the number of beds equivalent to one dwelling unit from 2.5 to 3 beds. Staff feels the increase will result in slight increases in wastewater flows, water consumption, and traffic. At its January 25, 2000, meeting, the CDB recommended approval of the request. In response to a question, Ms. Hardin said staff is separating this request from the general Code review as the developer is anxious to proceed with the annexation. His case is scheduled for the March CDB meeting. CLK CITY CLERK Contract with Alcalde & Fay for Federal Lobbyist Services Lobbying services are needed to assist the City in pursuing funding and favorable legislation at the Federal level. An RFP (Request for Proposal) was released to select a provider of these services. Ten invitations were mailed; responses were received from the firms of Alcalde and Faye, JordenBurt, and Greenberg Traurig. The evaluation committee of the City Clerk, Assistant City Manager, General Support Services Administrator, Public Works Administrator, and Brownfields Coordinator, reviewed the written proposals on January 10, 2000. The committee determined Alcalde and Fay the most responsive to the criteria established in the RFP. Selection criteria were: overall quality, experience, qualifications, reports from references, and cost for services. Alcalde and Fay was retained to assist in the 1999 Federal session while the RFP process was completed. Working closely with the City and its Federal legislative delegates, the Alcalde and Faye lobbying team was instrumental in the appropriation of important Federal funding for Clearwater. Priorities for the coming year are being developed and soon will be forwarded to the Commission. City Clerk Cyndie Goudeau said the contract period is to cover the 106th and 107th congressional sessions. As the City has a 30-day cancellation clause and will be billed on a monthly basis, monthly costs are shown. Total costs are estimated at $209,600. City Manager Verbal Reports City Manager Michael Roberto said the City’s home page on the internet had 200,000 hits in January 2000, mostly domestic. Staff will bring forward information regarding how to better utilize the web page to the Commission. The City Manager wished his wife Happy Valentine’s Day. Other Commission Action Mayor Aungst said an e-mail from “Jesus” will destroy computers and should not be opened. In response to a question from Commissioner Johnson, the City Manager said the sidewalk on Ft. Harrison surrounding the Church of Scientology building will be maintained by the Church. Commissioner Hooper attended the Mt. Olive AME Church ceremony placing the church on the National Register of Historic Places. The Church is the first African-American church to be so designated. The Mayor spoke at a ceremony held at the Church regarding their history and future in this community. Commissioner Hooper said at the last Commission meeting, he may have begun discussions regarding the PPC and the JMC development that may not have been appropriate. He felt it imperative to calmly discuss how the two interrelate. He said he has no fear that Commissioner Hart will vote his opinion on the issues. Commissioner Hart said rumors were being circulated that were unfounded and he wanted to clarify them. Commissioner Clark said Celebrate Clearwater Neighborhoods is scheduled for April 8, 2000. In response to a question, the City Manager said the Take Two Show is the new name for the Open Mike show. Commissioner Clark said he noticed at the last event at the Harborview Center, overflow parking was moved onto the new sod at the tennis courts. The City Manager said it will not happen again as the City will curb the area. Adjourn The meeting adjourned at 4:46 p.m.