Loading...
01/29/2001CITY COMMISSION WORKSESSION CITY OF CLEARWATER January 29, 2001 Present: Brian J. Aungst Mayor/Commissioner J. B. Johnson Vice-Mayor/Commissioner Robert Clark Commissioner Ed Hart Commissioner – departed 9:29 a.m. F. David Hemerick Commissioner Also present: William B. Horne II Interim City Manager Garry Brumback Assistant City Manager Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Brenda Moses Board Reporter The meeting was called to order at 9:01 a.m. at City Hall. Employee of the Month Award - 01/01 The Employee of the Month Award was presented to Glenn Weaver of Public Services. PUR PURCHASING Elite Designs, signage, 2/2/01-1/31/02, est. $83,000 (PR) Maroone Chevrolet, LLC, four 2001 Chevrolet Silverado 2500 ¾ ton pickup trucks, replacements, $95,956; financing ($92,661) to be provided under City's Master Lease-Purchase Agreement (GS) Sheehan Pontiac-GMC Inc., one 2001 GMC Savana 2500 cargo van, replacement, $18,985; financing to be provided under City's Master Lease-Purchase Agreement (GS) HR Management Partners Inc., SAMP classification study to be completed no later than 12/31/01 & evaluation software, $47,500 (HR) Superior Auto Centers, Inc., tire service, 2/5/01-1/31/03, est. $400,000 (GS) Garver Chevrolet, two 2001 Chevrolet Tahoe 4x2 utility vehicles, $53,600; financing to be provided under City's Master Lease-Purchase Agreement (GS) American Rubber Tech., Inc., playground cover including concrete & safetyplay installation, $31,299.82 (SW) In response to a question, Purchasing Manager George McKibben said American Rubber Tech., Inc., is a State contract. He was unsure if the City or the School Board initiated the contract. He said the local firm that provides this service is not on the City’s bid list, but staff would contact them if the Commission desires. BU BUDGET Financial Forecasting & Financial Indicators Interim City Manager Bill Horne said the 12-month budget process is based on Commission priorities. Budget Director Tina Wilson said the City’s operating funds are in good shape. She reviewed the 5-year forecast. Based on direction and input from the Commission, staff has categorized the top 5 budget priorities: 1) public safety; 2) beach development; 3) facility maintenance; 4) Human Resource issues; and 5) quality of life issues. She said it appears that the Commission prefers to concentrate on beach redevelopment now and downtown development at a later date. In response to a question, she said the expenditure assumptions are based on the FY 2001 adopted budget and assume the same number of personnel and programs. Staff has estimated that general fund expenditures for FY 2001/02 will increase by 4.5% or $3.8 million, excluding new facilities. The results of Clearwater’s economic growth are starting to help the City break even. Staff is in the preliminary stages of developing business plans and will keep the Commission updated on their progress. It was remarked that increases for Fire Department facilities, equipment, and personnel were already approved. In response to a question, Ms. Wilson said it may be necessary to implement a tax increase of 1/10 of a mill in 2002 or face substantial reductions in services. Personnel costs comprise 69% of the City’s general fund expenditures. She said the State has some work to do regarding the Communications Tax. Mr. Horne said staff plans the budget according the worst case scenario. Planning assumes the City would operate within its limitations. In response to a question, Fire Chief Rowland Herald said the personnel necessary to open the new Sand Key Fire Station are currently in place. Mr. Horne said it is important to ensure that personnel needs, etc. are clearly explained, as personnel are already in place for some new facilities and other increases would not be realized until 3 to 5 years in the future. Concern was expressed regarding future roundabout maintenance costs. PW PUBLIC WORKS Work Order to Post, Buckley, Schuh & Jernigan, Inc., traffic engineering services related to implementation of Beach by Design on south Clearwater Beach, $45,000 (Consent) Traffic circulation recommendations for south Clearwater beach presented in Beach by Design include expanding Coronado drive to three travel lanes and rerouting south Gulfview Boulevard. To determine the feasibility of successfully implementing these recommendations more detailed engineering and field survey work is required. In 1998, PBS&J (Post, Buckley, Schuh & Jernigan, Inc.), in association with DKS Associates, completed a comprehensive traffic study of Clearwater beach. Due to their familiarity with the project area, the same team was chosen to do this implementation analysis. The end product of the analysis will confirm that the proposed road geometry can be physically constructed, that it will function acceptably in relation to proposed parking garage locations, and that traffic levels of service will be acceptable. In response to a question, Public Works Administrator Mashid Arasteh said the project is being funded by the beach streetscape project. Amendment to purchase agreement with WAGI, a division of Wagenvoord Advertising Group, Inc., re Memorial Causeway Bridge Replacement r-o-w parcel 101 located in Sec. 16-29-15, extending closing to on or before 2/16/01 & increasing purchase price from $500,000 to $525,000 (Consent) The City executed a purchase agreement with WAGI in the amount of $500,000 on November 13, 2000, with closing to occur within 60 days thereafter. It was agreed that $400,000 would be paid at closing, with the balance to be paid upon surrender of possession within 90 days following closing. Closing did not occur as scheduled due to a cloud on the title: No title underwriter would insure the title over approximately $570,000 in mortgage liens encumbering the WAGI property that had not been officially satisfied of record. WAGI’s attorney officially filed suit to quiet title on December 27, 2000. If there is no affirmative response to the suit within 20 days from any of the lenders identified in the mortgages, it is anticipated judgment will be granted by the court to clear the title and thus allow closing to proceed with WAGI. As a result of the delay in closing the City contract, WAGI was unable to close the purchase of a building it had contracted as a replacement site for its radio studios. WAGI was required to forfeit its entire $25,000 security deposit made pursuant to its purchase contract, and is requesting the additional $25,000 from the City as reimbursement for the forfeiture in consideration of agreeing to extend closing with the City. The additional $25,000 would be added to the $100,000 previously agreed to be paid at the time of surrender of possession, and held until possession is delivered to the City. The available balance in the Memorial Causeway bridge project is sufficient to provide the additional funding required by the contract amendment #315-92820. In response to a question, Ms. Arasteh said the City hopes to conclude negotiations for the purchase of the Oaks property in March. In response to a question, City Attorney Pam Akin said because WAGI’s title was inadequate at the time of their scheduled closing, the City’s contract lapsed. WAGI has agreed to cooperate with the City by closing on the property if the City agrees to pay the $25,000 deposit they lost. Ms. Akin noted that this owner has reluctantly agreed to sell this property to the City, therefore the City should consider paying the $25,000. The City will not own the parcel where the tower will be located. WAGI also purchased a piece of adjoining property for the tower. In response to a question, Ms. Arasteh said the new tower is approximately the same size as the current tower. Work Order to Tampa Bay Engineering, Inc., provide Annual Infrastructure Status Report Update for Fiscal Year 2001, $37,500 (Consent) The first infrastructure status report was prepared for the City in 1998 prior to the introduction of GIS to the Public Works Administration. TBE will update the infrastructure status report with an emphasis on linking the new data to the existing GIS database. TBE will provide an inventory summary and overview of the condition of the City-owned and managed infrastructure. The data relating to the condition of the infrastructure will be an invaluable tool for budgeting the limited resources available for maintenance. This report will be the starting point for a Pavement Management system that will also link to the GIS database. In response to a question, Ms. Arasteh said beginning this year, the status report will be done annually. PLD PLANNING First Reading Ord. #6689-01 - approving Beach by Design In response to a question, Planning Director Ralph Stone said if the Commission approves the Beach by Design concept, they are essentially directing staff to use it as a guideline for beach redevelopment. Changes and amendments would be made as appropriate. When adopted, the ordinance will become policy for redevelopment of beach as it relates to land use, transportation, parking, etc. The document would be used to determine if a developer’s project is consistent with the Commission’s direction. Mr. Stone said the document could be described as a work-in-progress. He said this document does not approve specific actions on the beach. All the normal criteria and regulations in the Code apply. Issues such as vacation of streets, large commercial vehicles, and other issues would be addressed in detail. Staff has identified limited locations for high rise buildings up to 150 feet, mainly on South Gulfview, west of Mandalay. A third option cited in Beach by Design, the Yacht Basin, is subject to significant property consolidation and a public boardwalk. Concern was expressed that the Pelican Walk garage remains true to the document. It was remarked the demand for additional parking spaces is not sufficient to build a parking garage, as it would not stand the bonding necessary. Concern was expressed that the Marina is only considered a minute part of this plan. It was suggested consideration be given to eliminating uses at the Marina that inhibit its full potential. It was felt a parking garage might not be the best use for the Marina site. It was remarked the Marina building is obsolete for the parcel of land it occupies. It was felt the Marina properties should not be offered for sale. It was felt the post office vehicles take up too much space and parking at the Marina. Mr. Stone said staff is struggling with all the issues regarding the Marina in an effort to determine its highest and best use. Update re Kimpton Development Proposal Mr. Stone said a draft development agreement was given to the City Attorney for review. The CDB (Community Development Board) will review the draft at its special meeting on Wednesday. Staff is looking at an option for Kimpton participation in beachwalk improvements. Kimpton is proposing to pay for their portion of improvements that front their property. Mr. Stone said staff has met with the Markopolous and Mack teams but staff is not yet ready to bring forward recommendations regarding these proposals. He anticipates more information would be provided to the Commission in March regarding this proposal. Ms. Akin said more information on the Kimpton proposal would be available at the Commission meeting on Thursday. In response to a question, Mr. Stone said staff is waiting further information regarding the financing of the project. He said once the project is finalized, he is confident that the Marriott would affirmatively state their intentions regarding this project. CLK CITY CLERK Appoint member of Commission to represent them as Canvassing Board for 3/13/01 Election Section 101.5612 Florida Statutes provides for the testing of the tabulating equipment to ascertain if the equipment will correctly count the votes cast and that the Canvassing Board convene at this time or appoint one of its members to represent it. The test is open to the candidates, press, and public. The test is conducted by processing a pre-audited group of ballots to record a predetermined number of valid votes for each candidate. The test is repeated on election day before the start of the count of the ballots and again immediately after the completion of the count of the ballots. Tests will be conducted at the Election Service Center, 14255 49th Street North, Suite 202, Clearwater, on Friday, March 9, 2001 at 9:00 am.; Tuesday, March 13, 2001, at 6:30 p.m.; and Tuesday, March 13, 2001, following official tabulation of ballots. In response to a question, City Clerk Cyndie Goudeau explained the process. Commissioner Hemerick volunteered to serve as the Commission’s representative on the Canvassing Board. Ms. Goudeau will revise the item accordingly. CA LEGAL DEPARTMENT Second Reading Ordinances Other City Attorney Items Request authorization to file small claims lawsuit in 2 cases re City v. David Nelson Construction Co., Inc. On October 31, 1996, David Nelson Construction Co., Inc. did not use adequate methods to determine the location of underground gas facilities while performing work in the area of Tampa Road in Palm Harbor and damaged a gas main owned by the Clearwater Gas System, allowing natural gas to escape. The resulting loss amounted to $692.46. The City filed a lawsuit in Small Claims court, Case No. 00-6409-SC-NPC, on October 31, 2000, to protect the interests of the City because the Statute of Limitations would have run on the same date. On December 3, 1996, Nelson was involved in construction along Tampa Road and damaged a four-inch gas line owned by Clearwater Gas System. The resulting gas loss and damage amounted to $440.54. The City has been unable to reach a settlement with Nelson or their insurance carrier. The City filed a lawsuit in Small Claims Court, Case No. 00-7118-SC-NPC, on December 2, 2000. These lawsuits were instituted at the request of the Risk Management Department after settlement negotiations with David Nelson Construction reached an impasse. Each request was received approximately three to five days before the Statute of Limitations would have run. Concern was expressed that Nelson Construction’s insurance carrier refused to cover their losses. Concern also was expressed that the City must sue a company with which it does business. Ms. Akin said conversations with Nelson Construction regarding these matters would take place prior to any future awards of City contracts. John Carassas, State Representative, updated the Commission on the CCCL (Coastal Construction Control Line) impacts. He said the CCCL would affect all beach communities. The FDEP had planned to conduct a final hearing tomorrow, but due to enormous public concerns, the FDEP has indicated the new CCCL would go into effect one month later than originally planned. One additional meeting regarding the CCCL will be held to provide for public input. Mr. Carassas said he is on 4 committees in the State House of Representations: 1) Local Government and Veterans Affairs; 2) Economic Development and International Trade; 3) Fiscal Policy and Resources; and 4) Claims. He said the sovereign immunity issue in the Claims Committee would have a financial impact on local governments, which would expose them to more liability. As the limitations for liability have not been raised for the past 20 years, he felt sure that legislation would be passed to raise that limitation. Other Commission Action Commissioner Johnson expressed his disappointment with the newspaper article about the Soda Giants because the Commission should have been informed. Mr. Horne said staff did not know what was to be presented at the meeting the evening prior to the newspaper article. The meeting involved preliminary discussions, was held late on Friday before the flurry of the Super Bowl activities, and a newspaper reporter had been stationed outside the door of the meeting room. Mayor Aungst complimented staff for coordinating all the weekend events. Adjourn The worksession adjourned at 11:06 a.m.