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03/04/2002CITY COMMISSION WORK SESSION CITY OF CLEARWATER March 4, 2002 Present: Brian J. Aungst Mayor/Commissioner Ed Hart Vice-Mayor/Commissioner Whitney Gray Commissioner Hoyt P. Hamilton Commissioner William C. Jonson Commissioner Also present: William B. Horne II City Manager Garry Brumback Assistant City Manager Ralph Stone Assistant City Manager Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Patricia O. Sullivan Board Reporter The Work Session was called to order at 9:56 a.m. at City Hall after the City Commission met as the Community Redevelopment Agency and Pension Advisory Trustees. PUR PURCHASING 1) Purchase to replace - one 2002 Chevrolet Silverado 3500HD cab and chassis from Maroone Chevrolet for $25,177. GSS/Fleet 2) Purchase to replace - one 2002 Chevrolet Tahoe utility vehicle from Maroone Chevrolet for $24,787. GSS/Fleet 3) Purchase to replace - one 2002 Chevrolet Express 12-passenger van from Garber Auto Mall for $21,321. GSS/Fleet 4) Purchase as additional - 2002 G3WD Gradall hydraulic excavator from The Gradall Company for $184,652.70. GSS/Fleet 5) Purchase to replace - two (2) 2002 Chevrolet Silverado 3500 HD cab and chassis with utility body from Maroone Chevrolet for $52,690. GSS/Fleet 6) Purchase to replace and one addition - eight (8) 2002 Chevrolet 2500 HD pickup trucks from Maroone Chevrolet for $188,877. GSS/Fleet 7) Purchase to replace - one 2002 Dodge Grand Caravan mini van from Hill-Kelly Dodge for $20,993. GSS/Fleet 8) Work Order for Pump station refurbishment from McKim & Creed Engineers for $51,300. Eng Group In response to a question regarding vehicle purchases under $50,000, Purchasing director George McKibben said staff is required to bring forward each lease/purchase component for City Commission approval. In response to a question regarding the hydraulic excavator, Mr. McKibben said on February 21, 2002, the City Commission had approved this item as part of an engineering project. In response to a question regarding the purchase of vehicles, Mr. McKibben said they are delivered to the City. The City does not trade in replaced vehicles but disposes of them at auction. ED ECONOMIC DEVELOPMENT Res 02-15 - amending the boundaries of our existing State Brownfields Area to geographically coincide with the adopted State Designated Enterprise Zone. In 1997, the Florida Legislature passed the “Brownfields Redevelopment Act,” which defines a Brownfields area as a contiguous area of one or more Brownfields sites, some of which may be contaminated, and designated by a local government. The law requires a local government with jurisdiction to notify the department of its decision to designate a Brownfields area for rehabilitation purposes. Notification must include a resolution of the local government body. Expansion of the Brownfields areas will move the eastern boundary between Drew and Court streets from Missouri to Highland Avenue and moving the western boundary from S. Ft. Harrison to Pierce Boulevard and the Drew Street extension that runs along the waterfront. The expansion is intended to: 1) provide a concentrated area for the assessment and remediation of contaminated sites; 2) provide vital incentives to assist in the economic and community development activities in the “gateway”; and 3) assist in the removal of blighted areas. On January 15, 2002, the same request was made by letter to the US Environmental Protection Agency for inclusion into the existing EPA funded Brownfields Demonstration pilot. In response to a question, Economic Development Program Coordinator Diane Hufford stated the expended boundaries include the Gateway area and will expand the pool of opportunity for Brownfields redevelopment. Assistant City Manager Ralph Stone said the added area will provide more competition for Brownfields funds, which are available when projects are ready on a first come first serve basis. CGS CLEARWATER GAS SYSTEM Approve the first amendment to the Interlocal Agreement dissolving the Municipal Gas Authority of Florida; approve Settlement Agreement with CC Pace Resources, Inc. This item will extend the deadline date of Trustee responsibilities to March 31, 2002, and resolve financial issues with CC Pace Resources, Inc. The City has acted as Trustee for MGAG’s (Municipal Gas Authority of Florida) financial matters since October 1, 2000. The original ending date of responsibility was December 31, 2000, as specified in the Original Dissolution Agreement signed in September 2000. Due to circumstances caused by PACE, the City was unable to comply with this deadline. PACE previously managed the gas supply for MGAF members and held a bank account, funded with MGAF money, to conduct daily gas transactions. Once MGAF dissolved, PACE refused to issue $34,320.31 to the City, as Trustee. The total represents the bank account summary at the MGAF board meeting on September 22, 2000. PACE has proposed a Settlement Agreement with the City whereby PACE will release $37,000 to the City of Clearwater, Trustee account. Also, all financial ties between PACE and MGAF members will be severed from this point forward. Since all other MGAF members, the Cities of Defuniak Springs, Leesburg, Live Oak, Perry, Sunrise, the Geneva County Gas District, Lake Apopka Gas District, and Palatka Gas Authority, have signed the Amendment to Interlocal Agreement, Clearwater has the authority to sign the Settlement Agreement on their behalf. If the Settlement Agreement is signed, approximately $38,955 ($37,000 settlement plus residual amounts in MGAF account) will be divided, on a pro-rate basis, to former MGAF members. Clearwater’s portion of the settlement is approximately $11,854, or a 30.43% share. In response to a question, Strategic Business Services Assistant Director John Scott reviewed the history of the Municipal Gas Authority of Florida, indicating the organization once provided CGS with the best vehicle for obtaining gas supplies. Once large municipal members began to drop their membership, the organization decided to dissolve. CC Pace Resources was the organization’s manager at that time. This agreement resolves a dispute over funds. PR PARKS AND RECREATION Approve co-sponsorship and waiver of requested City fees and service charges for FY 2002/03 special events including six annual City events; one one-time City event (The NRPA Congress Social); sixteen returning City co-sponsored events; and one new City co-sponsored event (Holiday Boat Parade) at an estimated gross cost of $421,500 ($107,220 representing cash contributions and $314,280 representing in-kind contributions) for the purposes of departmental budget submittals. According to Code regarding Special Events, an annual review of City sponsored/co-sponsored events is required during the budget process. An agenda item approving co-sponsorship and level of support for these events will be brought before the City Commission at the beginning of the budget process each fiscal year. Should additional money be requested beyond what is included in the approved budget, City Commission approval will be necessary before additional funds are dispersed. New requests for FY 2002/03 for City sponsored and co-sponsored events include: 1) total cash contribution request is $10,000, or 10.3% higher than approved for FY 2001/02; a) $5,000 - Sunsets Summer Beach Fest; b) $5,000 - Martin Luther King, Jr. March & Rally; and c) $5,000 - African-American Heritage Celebration, at Heritage Village near Largo, funded last year by the Human Relations budget, apart from the Special Events process and 2) total in-kind services request represents a $37,300, or 13.5% increase. The in-kind service request includes $42,000 for Public Communications, included in this report for the first time although provided even though the department previous provided similar services. Excluding Public Communications, total in-kind services requests have decreased by $5,070, or 1.8%. “In-kind” contributions are listed in the operating budgets of affected departments. The Special Events Committee recommends approval of all events. All cash grants are subject to approval during budget discussions. Parks & Recreation Director Kevin Dunbar discussed the review process. The list now includes all City Special Events, including the Make a Difference Fishing Tournament. Listed items still must compete in the budget process for funding. The City Manager said the list provides a clearer picture of the cost of City support of the community. In response to a question, Mr. Dunbar said the Folk Arts Festival is being considered for reinstatement in late Spring 2003. The request to video the night Holiday Boat Parade was made through the process. Concern was expressed the cost was too high. Television Production Supervisor Shawn Stafford said the City would have to rent a satellite truck to broadcast the event live. Concerns were expressed the cost is too high, floodlights would intrude on the privacy of nearby residences, and the quality of the broadcast picture would be poor. It was felt these items should not be considered now, but during the budget process. This list is an attempt to capture associated costs and request City Commission guidance. Information was requested regarding costs related to the Martin Luther King, Jr. March & Rally. A question was raised regarding the use of City funds for the African-American Heritage Celebration, a County function. The City Manager will report on the County’s contribution and pursue Pinellas County to take over this expense. Mr. Dunbar said the City provides sound equipment and staff support for the event. Concern was expressed estimated costs for Special Events has increased by $10,000. Assistant City Manager Garry Brumback said when preparing their budgets, staff will consider Special Events approved by the City Commission. It was felt the Holiday Boat Parade is a low priority item. Additional information was requested regarding the increased request for Sunsets Summer Beach Fest. It was noted the event attracts visitors to the beach. The City Manager said the event is working to attract additional sponsors. PW PUBLIC WORKS Florida Power - maintenance of street lights (PW-Eng) David McDonald, Regional General Manager Florida Power Infrastructure Issues, reviewed proposed proactive efforts by Florida Power to maintain street lights in Clearwater. In response to a question, he said the company has standards regarding replacement of deteriorated poles and temporary wires. Standards to repair streetlights are 3 days for those wired above ground, and 7 days if a cable repair is required. The budget to replace poles in Clearwater has tripled. It was requested Florida Power consider relocating light poles in the middle of sidewalks near North Ward School. Mr. Brumback said response by Florida Power has increased significantly. Stevenson Creek Watershed Management Plan (PW-Eng) Engineer Al Carrier reviewed an update of the Stevenson Creek Watershed Management Plan. Development of the plan, completed in August 2001, was a group effort by the City, SWFWMD (Southwest Florida Water Management District), City residents, a technical team, U.S. Army Corps of Engineers, Pinellas County Health Department, the City of Dunedin, Clearwater Marine Aquarium, the EAB (Environment Advisory Board), etc. The 6,000-acre Stevenson Creek Watershed is the largest and most urbanized in Clearwater. Related problems include flooding, water quality degradation, excess channel erosion, and loss of habitat. The plan recommends maintenance improvements and public awareness. The scope of work includes: 1) assessment of conditions; 2) computer modeling of basin; and 3) proposed improvements. The plan identified 26 projects valued at $28-million before inflation. The December 2001, Stormwater Rate Study funded $6-million to the project. Projects are ranked according to criteria: 1) flood control; 2) erosion control; 3) water quality; 4) ecological; and 5) recreation/education. The top recommended projects include: 1) Glen Oaks Detention - $2-2-million - 4- & 13-acre facility - Phase 1 current, Phase 2 in 8 to10 years; 2) Spring Branch Flood Detention - $2.6-million - 3- & 8-acre facility - Phase 1 current, Phase 2 in 3 to5 years; 3) Lake Bellevue Expansion - $1.3-million - 8-acre lake expansion - 5 to10 years; 4) Crest Lake Expansion - $0.9-million - 6-acre lake expansion - 5 to 10 years; 5) Palmetto Street Sediment Sump - $0.55-million - 0.5-acre facility - 3 to 5 years; and 6) Stevenson Creek Estuary Project - $7-million - remove 100K cubic yards of deposits - December 2003. Full implementation of the plan will remove 243 of 334 identified structures from the 100-year flood plain and provide significant water quality improvements in the watershed. In response to a question, Engineering Assistant Director/PD&E Tom Miller said future funding will be needed for full implementation of the plan. The City Manager said requests for project funding are part of each year’s legislative strategy. In response to a question, Mr. Carrier said the first Phase of the Glen Oaks Detention project will construct a 4-acre dry retention pond in an upland area of the golf course, which could be used for a driving range. In response to a question, Mr. Brumback said decisions regarding the future use of the Glen Oaks property as a park or golf course are 10 years off. The City Manager said proposed stormwater issues must be addressed on the subject property regardless of its future use. The City is considering alternatives to a site at the intersection of Sunset Point Road and Kings Highway for a fire station. Countywide Transportation Impact Fee Amendments (PW-Eng) Traffic Operations Manager Paul Bertels reviewed the Traffic Impact Fee Update. On March 4, 2002, the TCC (Technical Coordinating Committee) approved the MPO (Metropolitan Planning Organization) staff recommendations: 1) allow funds to be used for projects encouraging multi-modal travel; 2) allow for other data sources to be used to document trip generation characteristics; 3) change text in ordinance to reflect source of current population data; and 4) continue to support no-fee zone concept. On March 27, 2002, the TCC will review alternatives: 1) impact fee formula; a) update formula’s construction cost component from $1,688,197 to $2,216,466, resulting in approximate 30% increase in impact fees; b) update construction cost and add $554,197 in right-of-way costs, increasing impact fees by 64%; c) update construction costs without the right-of-way component and adjust the reduction factor to provide a 15% incremental increase over next two years; d) leave existing fee structure unchanged; or e) eliminate impact fees entirely, based on fact that impact fees generated only $4-million Countywide last year; 2) fee schedule rates – some land use categories proposed for changes in trip rates, reflecting refinements in data base developed by Institute of Transportation Engineers, with additional categories proposed; 3) modify Section 150-39 regarding land development prior to 1986 by removing reference to when structure was built. All existing structures will get credits regardless of when they were built, eliminating 1986 reference date; and 4) expand permit impact fee revenue on non-adjacent districts for projects that benefit the district from which fees were collected. It was noted the MPO had expressed concern increases to County impact fees would result in rates higher than other communities charge and discourage development. Opposition to increases was stated. Public Works Director Mahshid Arasteh said it seems the committee supports a 15% increase over the next two years. It was felt increases will discourage resort development and chase business out of the County. Assistant City Manager Ralph Stone suggested the committee consider a small increase now and elimination of the fee in two to three years. As impact fees pay for the impact of growth, it was felt the fees should not be eliminated. The majority recommended impact fees be retained at current levels. Information on the TCC decision on impact fees was requested. Presentation of plaque to Paul Bertels from Metropolitan Planning Organization Ms Arasteh said at the February meeting, the MPO recognized Paul Bertels and presented him a plaque for his service to the MPO Traffic and Technical Coordinating committees from January 1987 to February 2002. Other City Attorney Items Authorization to hire outside counsel for Stverak v. City of Clearwater. In her February 25, 2002 memorandum, the City Attorney advised that the City was served with the lawsuit Linda J. Stverak v.City of Clearwater, US District Court Middle District of Florida, Case No. 8:02-CV280-T-26MSS. The Plaintiff is a police officer with the Clearwater Police Department, who claims discrimination based on gender and retaliation for engaging in protected activity of complaining about discriminatory practices. Mark Hanley previously represented the City in a similar case filed by this Plaintiff. In response to a question, the City Attorney said the Legal Department had reduced its budget for outside counsel by $125,000, and is asking for a portion of those funds to be returned. She said while the entire outside counsel budget has not been spent, it has been obligated to specific cases. City Manager Verbal Reports Display of flag legislation City Clerk Cyndie Goudeau reviewed proposed State legislation to forbid the outlawing of display of the American Flag. Discussion ensued regarding Code language limiting to three the number of flags displayed on commercial properties. Consensus was to oppose proposed legislation, noting a distinct difference between advertising and displays of patriotism. Commission Discussion Items County Billboard Settlement Commissioner Jonson distributed a summary of the proposed Pinellas County billboard settlements, along with concerns, including the removal schedule extending to 2025. He recommended the County prioritize the removal schedule. In response to a question, the City Attorney said this settlement will have a unique impact on Clearwater as it addresses billboards in enclaves within the City. She felt a resolution would be an appropriate method for the City Commission to express its opinion regarding this issue. Another County public hearing is scheduled on March 12, 2002. Acceptance of Commissioner Jonson’s recommendation would require the agreement to be renegotiated. It was felt the City is working to improve relations with the County and should not take action or an official position on a County item. It was requested this issue be addressed at the next Council of Mayors meeting. It was requested the City Manager address the County Administrator regarding this issue. Concern was expressed a renegotiation would be too costly. Update on Billboard legislation Ms. Goudeau said language in the proposed billboard legislation is exactly the same as was passed last year but vetoed by the Governor. The bill would provide an exemption for Clearwater, allowing the City to enforce its laws. In response to a question, Ms. Goudeau said the City would support this legislation, as proposed. Tampa Bay Partnership Update Commissioner Jonson reviewed the Tampa Bay Partnership’s self-defined role to bring the region together for common purposes, including business recruitment. The partnership identified local problems related to underemployment and plans to facilitate growth by focusing on existing businesses. Future plans are to vocalize accomplishments, increase fundraising efforts, and have area lobbying efforts speak to common purposes and adopt infrastructure goals. He encouraged Commissioners to attend the May 20, 2002 leadership conference at Saddlebrook, which will discuss improving the power of the region’s voice in Tallahassee and Washington DC. Other Commission Action Commissioner Jonson reported PSTA (Pinellas Suncoast Transit Authority) has approved a contract to renovate the Park Street bus terminal. Commissioner Jonson referenced a newspaper article regarding the removal of trees at the Clearwater Mall site, and requested staff review past tree plantings at the site and determine why many trees now are in poor health. Commissioner Jonson requested City Commission approval of the $180 registration fee his attendance at the FLC (Florida League of Cities) Advanced Elected Official course in Tampa in April. Consensus was to approve. Commissioner Jonson suggested a megacity consisting of the Tampa Bay area and Orlando could be referred to as Clearlando. Adjourn The meeting adjourned at 12:29 p.m.