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04/17/2000CITY COMMISSION WORKSESSION CITY OF CLEARWATER April 17, 2000 Present: J. B. Johnson Vice-Mayor/Commissioner Ed Hooper Commissioner Robert Clark Commissioner Ed Hart Commissioner Absent: Brian J. Aungst Mayor/Commissioner Also present: Michael J. Roberto City Manager Bill Horne 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 9:00 a.m. at City Hall. Service Awards Five service awards were presented to City employees. PUR PURCHASING National Meter, 2nd & Final renewal, gas materials - meters & regulators, 5/1/00-4/30/01, estimated $49,700 (GAS) M. T. Deason Company Inc., 2nd & final renewal, gas materials - meters & regulators, 5/1/00-4/30/01, estimated $106,400 (GAS) Equipment Controls, 2nd & final renewal, gas materials - meters & regulators, 5/1/00-4/30/01, estimated $58,900 (GAS) Key Controls, 2nd & final renewal, gas materials - meters & regulators, 5/1/00-4/30/01, estimated $56,800 (GAS) Dawson Associates Inc., three chlorine & sulfur dioxide emission detectors systems, $50,857.60 (PW) Hughes Supply, extension through 6/30/01, miscellaneous parts & supplies, estimated $45,000 (PW) Don Reid, one 2000 Ford Taurus, replacement, $15,725; financing to be provided under City's Master Lease-Purchase Agreement (GS) Amnat International, roof coating service, public services buildings, $79,622 (GS) Volt Telecommunications Group, installation of gas mains, SR 54 from Little Road to Longleaf Sub., estimated $98,500 (GAS) Astro Bus Service, 1st of 2 options available, charter bus & van service, 6/1/00-5/31/01, estimated $42,000 (PR) Momar Inc., miscellaneous laboratory supplies & sole source chemicals, 4/21/00-6/30/01, estimated $40,000 (PW) It was recommended staff apply to the MPO (Metropolitan Planning Organization) for funding Parks & Recreation Department transportation needs. Staff will review and report. In response to a question, Purchasing Manager George McKibben said the City previously had done business with Volt Telecommunications Group. In response to a question regarding the purchases of miscellaneous parts, supplies, laboratory supplies, and sole source chemicals, Mr. McKibben said the purchases are for sole source chemicals and items. BU BUDGET Five Year Forecast Budget Director Tina Wilson reviewed the budget. She said the General Fund has $9-million cash, $8.6-million reserves, and $533,000 in unrestricted funds. Restricted funds: 1) Special Revenue - $9.1-million cash/$10.9-million reserves; 2) Utility Funds - ($5.1-million) cash/$54.2-million reserves; and 3) Capital Improvement - $59.9-million cash/$12.9-million reserves. Unrestricted funds: 1) Marina - $0.9-million, 2) Parking - $1.2-million; 3) Harborview Center - ($1.5-million);and 4) Internal Services - $11.7-million. Of all funds, $80.8-million is Restricted and $12.8-million is Unrestricted. The financial forecast for the General Fund estimates property tax revenues, accounting for 30% of all revenues, will increase by 4%, or $950,000. It is estimated Utility/Franchise revenue, accounting for 30% of all revenues, will not increase. Based on City Commission policy and review of 5-years of historical receipts, staff anticipates all General Fund revenues will increase by 2.2%, or $1.7-million. Expenditure assumptions are based upon the FY (fiscal year) 2000 adopted budget with the same personnel and programs. Personnel costs are forecast to increase by $1.2-million due to an average salary increase of 4.7%, a 1.5% salary savings, and no increase in overtime. Staff estimates Major Medical costs will increase by 22%, or $500,000. A 15% decrease in Worker’s Compensation costs will result in estimated savings of $214,000. Operating expenditures are forecast to increase by 3%, or $214,000. Other expenditures relate to outstanding debt, approved commitments, and policy-based interfund transfers. Staff anticipates all General Fund expenditures will increase by $5.1-million, or $4-million. With anticipated increase to revenue by $1.7-million and to expenditures by $4-million, the current projected deficit is $2.3-million. The City Manager said almost 68% of the budget is dedicated to salaries. All union contracts have been approved, except for the Police Department. In response to a question, Ms. Wilson said staff is working on initiatives to reduce the budget. The City Manager does not intend to request a millage increase. In response to a request that unrestricted funds be separated out, Ms. Wilson will forward spreadsheets to the City Commissioners. It was requested staff list all assumptions and explain how each was determined. She said it is normal to have a similarly sized deficit prediction at this point in the process. PW PUBLIC WORKS Amendment to Agreement with Pinellas County re metered parking in various County-owned parking lots Existing City agreements with Pinellas County are dated 1969, 1970, 1975, 1977, 1984, and 1987 for the installation, maintenance, and operation of metered parking in several County-owned parking lots surrounding the courthouse and in Sand Key Park. The City has purchased electronic parking meters to replace manual ones. While the original agreements do not provide for reimbursement of costs for “new” meters, the amended agreement addresses the issue. After the City recoups all costs related to the installation of new meters, the City will split gross revenues with the County by a 60:40 ratio, as per the original agreement. Other amendments include: 1) specific parking lot number and names; 2) County input on time limits/meter rates; 3) reserved metered spaces; and 4) minor amendments to include names and addresses for notification. The County has requested combining all subject agreements into one. The City Attorney’s office has reviewed and approved all amendments. In response to a question, Public Works Administrator Mahshid Arasteh said the parking revenues will be used to reimburse the City’s investment. Once meter costs are paid, the City and County will split future parking revenues. The final cost of this project to the City is $0. This item amends a project previously approved by the City Commission. First Reading Ord. #6534-00 - Amending Art. XIX of Appendix A, Code of Ordinances, relating to Schedule of Fees, Rates and Charges for Streets, Sidewalks, Other Public Places; fee increase from $7.50 per day to $10 per day for daily use of revenue generating parking spaces Staff receives numerous requests for temporary use of revenue generating parking spaces throughout the City due to construction projects, special events, or special needs. The Code of Ordinances, Appendix A – Schedule of Fees for use of revenue generating parking spaces is based on current daily fees for metered parking. In May 1999, the City Commission approved a parking rate increase for metered parking lots and streets on Clearwater beach. Installation of new equipment to support the rate increase began in March 2000. The amendment to the schedule of fees reflects the adjusted daily parking rate. The City Manager suggested when staff brings forward the beach parking garages that the City Commission consider fluctuating parking rates based on market demand. Construction of the parking garages is estimated to take 2 years following City Commission approval. In response to a question, he said staff is surveying other Florida beach communities regarding the use of fluctuating rates. The City Attorney said the City could charge premium parking rates during special events, which is done elsewhere. Cooperative Agreement with SWFWMD providing funding of project costs up to $1,100,000 for replacement of reclaimed water transmission main crossing Intracoastal Waterway and increasing reclaimed water pumping capacity at Marshall Street APC Facility The City is expanding the reclaimed water system to serve areas on Clearwater beach and Island Estates. The initial system serving Clearwater beach uses a 40-year old water main crossing the Intracoastal Waterway. The main was used to: 1) defer the cost of constructing a new pipeline; 2) allow time to select the Memorial Causeway Bridge alignment to avoid conflict with the new pipeline; and 3) free up funds to construct a larger storage facility for the reclaimed water system. This project also will expand the reclaimed water pumping capacity of the Marshall Street APC site. Facility pumps were designed to minimize initial capital costs and allow expansions as the customer base increases. The cooperative funding agreement for the Intracoastal Waterway reclaimed water transmission main and pumping facility expansion provides up to $1.1-million, or half the estimated total project cost, for the design and construction of improvements. The associated engineering work order is a companion agenda item. In response to a question, Ms. Arasteh said this project could go forward even though the City Commission had delayed approval of a water and sewer rate increase. Staff anticipated an increase in future storage needs when designing the Marshall Street Advanced Water Treatment Plant storage facility project several years previously. This project requires no new infrastructure at that site. Work Order with McKim & Creed for design, construction engineering & inspection services for Reclaimed Water and Potable Water System Improvements, $236,600 This work order includes design and construction engineering and inspection services for the Intracoastal Waterway Reclaimed Water Transmission main and the Marshall Street Pumping facility upgrades. In addition, services will include design of a replacement for an aging potable water transmission main crossing the Intracoastal Waterway north of the Memorial Causeway Bridge and design of modifications to the chlorination/de-chlorination process at the Marshall Street APC facility. Replacement of the water main is critical. The existing pipeline, constructed in 1961, has exceeded typical service life for this type of system. Modifications to the Marshall Street chlorination/de-chlorination system will improve the disinfection quality of reclaimed water at Marshall Street while reducing the cost of chemicals used to de-chlorinate effluent. The reclaimed water system modification project is estimated to cost $2.2-million. The potable water line replacement and modifications to the Marshall Street APC Facility disinfection is estimated to cost $2.1-million. The cooperative funding agreement will reimburse the City for up to 50% of the cost of the reclaimed water related items in the Engineer’s Work Order. In response to a question, the City Manager said staff will submit a 10-year schedule of reclaimed water expansion to other City neighborhoods. Completion of the project is not expected before 2020. While all parts of the City will be served, not all streets will receive reclaimed water. Outflow from 4 homes is necessary to provide one home with reclaimed water. In response to a question, the City Manager said Clearwater sends 3-million gallons a day to the County because the City currently does not have the capacity to use it. Instead of dumping the excess water, the City is using it to generate revenue. Historical information related to the project was requested. PLD PLANNING & DEVELOPMENT SERVICES Public Hearing & First Reading Ords. #6523-00, #6524-00 & #6525-00 - Annexation, Land Use Plan Amendment to Residential Urban (upland area) and Preservation (wetland area) & MDR Zoning (upland area) and Preservation Zoning (wetland area), 2155 Montclair Rd. ,Sec. 1-29-15, M&B 14.01 (Ascot Development Corp., A00-06) The applicant has requested annexation and zoning of Medium Density Residential and Preservation for 2155 Montclair Road to obtain water and sewer service. The Community Development Board unanimously endorsed the request. In response to a question, Assistant Planning Director Cyndi Hardin said the developer of Top of the World did not object to this project once the developers presented their plans, which addressed stated Top of the World concerns. Public Hearing & First Reading Ords. #6527-00, #6528-00 & #6529-00 - Annexation (& redefining boundary lines of City to include said addition), Land Use Plan Amendment to Residential Low & LDR Zoning, 1400 Block of N. Belcher Rd., Sec. 7-29-16, M&B 22.02 (Sarandaporou Partners, Inc., A00-05) The applicant has requested annexation and zoning of City Residential Low for the 1400 Block of North Belcher Road and plans to construct multi-family housing on the 2-acre site. The Community Development Board endorsed the request. In response to a question, Ms. Hardin said a site plan has not been submitted. The site has an unusual configuration and is best suited for townhouse construction. Concern was expressed wetlands will make the project unfeasible. Staff will report. Subrecipient Contract w/HEP, renovate 1307/1212 N. Garden 309/310 Vine transitional housing for homeless, $38,216 HEP (Homeless Emergency Project), a not for profit organization, provides transitional housing and related services to the homeless population. Staff supports the agency’s request to use the $38,216 balance from a previously awarded grant to complete renovations of 4 transitional housing units. On June 16, 1998, the City Commission approved the FY 1998/99 Consolidated Plan to fund various activities, including a $58,216 award to HEP to renovate structures at 309 and 310 Vine Avenue and 1212 and 1307 Garden Avenue for transitional housing. HEP has expended $20,000 on this effort. The one–year contract expired September 30, 1999. The proposed contract will be from March 2000 to September 30, 2000. Several construction-related problems hindered progress and caused project delays. The problems have been identified and the project can proceed. Staff feels a new contract is warranted to expend the remaining funds to complete the project. The project is funded jointly by the City, Pinellas County, and HEP. Pinellas County Community Develop funds remain available for this project. In response to a question, Assistant Housing Director Nina Bandoni said transitional housing is an important part of comprehensive programs for the homeless. She said contractor problems prevented HEP from completing the project during the funding year. In response to a question, she said some homeless clients are families. Discussion - PPC Voluntary Annexation Process In his April 11, 2000 memorandum regarding a “Voluntary Annexation Process,: Planning Director Ralph Stone said the PPC (Pinellas Planning Council) is developing a process to define areas eligible for future voluntary annexation by each municipality in the County and establish review and appeal procedures. The process is intended to replace the current PPC review of annexations of 10 acres or more, only. The PPC developed maps with input from each municipality. The proposed change will require an amendment to the Pinellas County Charter. The PPC proposes: 1) properties proposed for annexation must be located within the city’s eligible area per the County annexation map; 2) properties proposed for annexation must be contiguous to current city boundaries and reasonably compact; 3) annexing municipalities must notify the PPC within 5 days of receipt of an annexation petition. PPC to review applications for compliance with criteria related to municipal boundary conflicts, etc.; and 4) any affected party can petition the PPC and CPA (Countywide Planning Authority) for a review. Related changes of the proposal: 1) voluntary annexations must be within defined areas; 2) PPC staff shall review all annexation applications; 3) prohibition of creating unincorporated enclaves is eliminated; and 4) if PPC determines noncompliance with criteria exists, a full review will occur. Staff recommends: 1) amending the countywide annexation map along Clearwater’s eastern border to include the sewer treatment plant north of SR 580; 2) all County areas not within any city’s annexation area should be available for annexation pursuant to State law; 3) PPC review should have expedited process for properties meeting the intent of the original proposal; 4) enclaves in a city’s’ annexation area shall be annexed involuntarily after 10 years; and 5) permit annexations within the annexation area but not contiguous with existing boundaries. The PPC has scheduled action on the process for May 17, 2000. In response to a question, Ms. Hardin said the PPC had discussed the proposed changes over the past year. According to the new proposal, every annexation goes to the PPC before first reading for approval. The process provides for mediation and court challenges. Ms. Hardin recommended the process be expedited for small properties. She felt the proposed changes are unnecessary as they provide an additional burden to the City to notice the PPC. It was felt staff’s recommendation to annex all properties within the City’s boundary within 10 years is controversial as it allows involuntary annexation. It was noted the PPC had brought forward these recommendations. Concern was expressed the changes provide the PPC with additional power while reducing the City’s home rule abilities. Ms. Hardin said the changes should avoid problems related to annexation wars when cities do not honor established boundaries. She recommended the City’s East Advanced Water Treatment Plant be within the City’s boundary. It was suggested the PPC has proposed the changes to justify its budget. In response to a question, the City Manager said the PPC cannot deny an annexation request that meets established criteria. In response to a question, the City Attorney said according to the City’s agreement with the City of Largo, the City must support the charter amendment with the County to define the boundary line. The City is not required to support any other piece of the PPC proposal. Opposition to increasing the PPC’s responsibilities was expressed. The City Commission will vote formally on this issue in May. CLK CITY CLERK Direction re Policy CC-4 - Fund Raisers In her April 10, 2000 memorandum, City Clerk Cyndie Goudeau indicated the Commission’s policy does not allow the City to reimburse City Commission members for attending ”fund raisers.” The policy also prohibits staff from attending such events as City representatives. A City presence is desirable at certain events, particularly those for charitable and non-profit organizations. Staff recommends amending this policy to allow reimbursement and staff attendance as City representatives when appropriate. In response to a question, Ms. Goudeau said the City currently is not able to reimburse staff for admission costs to events they are required to attend. It was recommended that the City request complimentary admission for staff required attendance. The City Manager said agencies often incur expenses related to events, such as food, and can not afford to offer complimentary admissions. He said staff could draw up a list of approved events. It was felt it would be too difficult to police this policy and that staff could attend as observers and not eat. It was noted the City cannot use tax dollars to attend fundraisers as some organizations are controversial. Consensus of the Commission was to make no changes to this policy. Direction re Rights of Enforcement Officials - proposed legislation In her April 14, 2000 memorandum, Ms. Goudeau reported the legislation is proposing an “Enforcement Officials Bill of Rights,” which is similar to existing provisions for Police Officers and Firefighters. Staff has some concerns, including the requirement that the City pay for defense of disciplinary action brought by the State. Ms. Goudeau said the Florida League of Cities seems supportive of the proposed legislation. The City Attorney said the defense requirement does not affect any profession other than code enforcement nor is it a provision in the Police Bill of Rights. She said the City may choose to provide this service under certain circumstances but felt the City Commission should make that decision. In response to a question, the City Manager said the Police Officers State representation had proposed this legislation. It was the consensus to encourage removing "shall" and inserting "may" with regard to the payment of defense. OTHER CITY ATTORNEY ITEMS Request for Attorney/Client Session - Wings v. City In her April 11, 2000, memorandum, the City Attorney said the circuit judge had ordered this case to mediation. In an effort to settle the case, he will issue an order authorizing the mediator to attend an attorney/client session. Trial is scheduled for June 26 – 28, 2000. The City Attorney requested an attorney/client session regarding Wings versus the City be scheduled before the May 15,2000 Work Session at 9:00 a.m. Consensus was to so schedule. Request for authorization to retain outside counsel for James Cabaniss in Cason v. City lawsuit In her April 13, 2000 memorandum regarding Cason v. City, the City Attorney requested authorization to retain outside counsel for former police officer James Cabaniss as an individual defendant in the above action. This case involves allegations by a female former police officer of differential treatment based upon gender, retaliation, and related claims. The City’s outside counsel has informed staff that Plaintiff Cason’s motion to amend the complaint has been granted and it now names the former police officer as a defendant. Code of Ordinances 2.032 and 2.035 will require the City to provide defense (different outside counsel) to Mr. Cabaniss in this matter. It is expected that he will be served shortly in this action. The City Attorney proposed providing Mr. Cabaniss with the names of 3 or 4 attorneys, then paying for his defense. In response to a question, she said the dollar value of the City’s obligation is not limited. She will verify if the City also would be responsible for covering defense expenses related to an appeal. In response to a question, she said the City’s attorneys must defend the City. Mr. Cabaniss’ interests could be very different. In response to a suggestion, she doubted the City could collect insurance money regarding this matter. Department of Community Affairs The City Attorney reported the City had received a letter from the Department of Community Affairs related to a letter of complaint from George Kelly related to the roundabout. Staff forwarded the information requested. Commission Discussion Items Countywide traffic signalization computer system It was reported the County is considering the purchase of a $7.5-million signalization computer. Clearwater and St. Petersburg already have signalization systems. Clearwater’s mid-county location, could affect complementary signalization on major north south corridors, such as US 19N. Ms. Arasteh expressed concern turning control of the system over to Pinellas County would reduce staff’s ability to respond to City needs on US 19N and McMullen-Booth Road. The systems will be able to communicate. Staff is working to accommodate traffic by coordinating the systems. Concern was expressed the cost of computer upgrades is increasing. The importance of staff control of traffic during special events was stated. It was felt turning control over to the county would infringe on the City’s home rule. City Manager Verbal Reports The City Manager stated the dock permit application on behalf of Shooters has been withdrawn. Other Commission Action Commissioner Clark requested interested citizens forward their names to serve as the City’s representative on the MPO’s (Metropolitan Planning Organization) Citizens Advisory Board. Commissioner Clark invited those with questions related to water use restrictions to call 562-4987. Commissioner Johnson suggested combining the City’s 3 magazines to save money. The City Manager will review. Adjourn The meeting adjourned at 11:17 a.m.