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07/15/2002CITY COMMISSION WORK SESSION CITY OF CLEARWATER July 15, 2002 Present: Brian J. Aungst Mayor/Commissioner Whitney Gray Vice-Mayor/Commissioner Hoyt P. Hamilton Commissioner William C. Jonson Commissioner Frank Hibbard Commissioner Also present: William B. Horne II City Manager Garry Brumback Assistant City Manager Ralph Stone Assistant City Manager Pamela K. Akin City Attorney Cyndie Goudeau City Clerk Brenda Moses Board Reporter The meeting was called to order at 9:00 a.m. at City Hall. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. Service Awards Four service awards were presented to City employees. Employee of the Month The Employee of the Month Award was presented to Lisa Perkins, Gas Department. The meeting recessed from 9:05 to 9:17 a.m. to meet as the Pension Trustees. PUR PURCHASING Purchase custodial services and supplies during the contract period: August 1, 2002 through July 31, 2003; Black Tie Janitorial Services, $125,856. Declare surplus and authorize disposal of vehicles and equipment In response to a question regarding custodial services and supplies, Purchasing Manager George McKibben said the City uses Black Tie Janitorial Services at the Clearwater Sailing Center and Cleaning and Supplies company at the Clearwater Marina. Staff is unhappy with the service provided by the Cleaning and Supplies Company at the Marina. He said the City obtains bids from various companies to encourage competition. In response to a question regarding the Yamaha ATVs being surplussed, Mr. McKibben said salt water affects their lifespans. Some of the vehicles are used by Police officers and others by beach guards. Mr. Morris said part of the beach guards’ daily routines are to clean the vehicles after use. ED ECONOMIC DEVELOPMENT Public Hearing - Approve the modification of the City of Clearwater's Fiscal Year 2001-2002 Consolidated Action Plan transferring $110,000 of Community Development Block Grant funds from "Lead Based Paint Abatement" to "Public Facilities" to assist with the acquisition of the property located at 1045 N. Martin Luther King Avenue (f/k/a N. Greenwood Avenue). Also, approve the transfer of $15,000 from unrestricted funds to Public Facilities. Approve the modification of Clearwater Neighborhood Housing Services FY01-02 Subrecipient Agreement increasing the amount by $125,000. Approve the satisfaction of the City of Clearwater Economic Development loans totaling $45,100 associated with the property located at 1045 N. Martin Luther King Avenue. In furthering our progress in the revitalization of the North Greenwood Area this activity/acquisition will be conducive to the City’s efforts. Clearwater Neighborhood Housing Services (CNHS) approached the City in April of this year for assistance to acquire the property at 1045 N. Martin Luther King Avenue in order to use the facility as a possible day-care/multi-use facility. The property’s current use is a restaurant and bar (MacCabee’s Restaurant). CNHS and Bank of America Community Development Corporation are currently in the process of rehabilitating the North Greenwood Apartments. The total costs on N. Greenwood Apartments rehabilitation are $14 million dollars. The property to be acquired is located at 1045 N. Martin Luther King Ave. and is located at the northwest corner of Greenwood Apartments. This proposed project, combined with the new Aquatic Center, Library, N. Martin Luther King corridor enhancements, and the other redevelopment efforts in and around the North Greenwood Area represents a strategic investment for the City. The contract price on the property is $125,000. The appraised value of the subject property is $110,000. As a condition of sale the owner has stipulated that all City of Clearwater Economic Development loans currently on the property must be satisfied. The City Economic Development loans currently total $45,100 and were issued with the use of Community Development Block Grant (CDBG) funds in 1996 & 1997. The City’s assistance to CNHS for the acquisition will be in the form of a deferred payment loan for the first three years and then at the end of three years if CNHS has improved the property and/or secured tenants the loan will be converted into a thirty (30) year 0% interest loan with annual payments. CNHS FY01-02 Agreement with the City will be amended to increase the amount by $125,000 and revise the Scope of Services. The City applied last summer for a Lead Hazard Control Grant from the U.S. Department of Housing and Urban Development (HUD) but was unsuccessful. As a requirement of the grant we were required to allocate $100,000 in matching CDBG funds. The City also allocated an additional $101,405 in Lead Based Paint abatement for mitigating lead removal in homes that we rehabilitate should lead be present. To date this fiscal year we have only expended about $2,500 on lead testing and training. Since we were unsuccessful in obtaining this grant, transferring the $110,000 to Public Facilities and Improvements category will not impact our ability to address lead based paint issues from now until the end of our current fiscal year should they arise. We have recently applied again for the Lead Hazard Control Grant and have allocated $100,000 in CDBG funds for FY02-03. If we are successful in obtaining this grant and are in need of additional funds for lead based paint abatement during the next fiscal year, we will transfer funds from our rehabilitation category to lead based paint abatement. The additional $15,000 for the acquisition will come from unrestricted funds that the Housing Division has available. In response to a question, Assistant Housing Director Howie Carroll said the property owner would not accept a lower purchase price. Assistant City Manager Ralph Stone said there are other parties interesting in purchasing this property because there is a liquor license that is attached to this property. Staff is concerned that another party may continue the sale of liquor at this location, which would adversely affect the use of the new Greenwood Recreation Center. Approve a five (5) year Management Agreement between the City and the Clearwater Regional Chamber of Commerce for the Beach Visitor Information Center for the period of August 1, 2002 through July 31, 2007 at an estimated cost of $248,600, with no more than $221,385 in funding and $27,215 in in-kind contributions, subject to final budget approval. The City is currently building a facility adjacent to the Pier 60 Playground for a new Beach Visitor Information Center (VIC). The Clearwater Regional Chamber of Commerce was the sole respondent to the RFP issued on March 1, 2002. Funding for this year’s total cash and in-kind contributions, estimated at $15,637, will be funded from the both the Economic Development Department and the City Manager’s Flexibility Fund. Eight thousand seven hundred and fifty dollars of the $15,637 will come from the money set aside to run the current Beach Visitor Information Center. The other $6,887 will come from the City Manager’s Flexibility Fund. It is the goal of the City to provide a Beach VIC that is self-sustaining. Therefore the Chamber will be allowed to sell advertisements and immediate visitor needs, i.e. maps, event tickets, etc. From these profits, the Chamber shall reimburse the City. Over the five-year agreement, the Chamber has estimated that it will be able to repay up to $100,741 of the $248,600 provided by the City. The previous agreement with the Clearwater Beach Chamber of Commerce for visitor information services would have cost $175,000 ($35,000 X 5 years), with no reimbursement option. This agreement is estimated to save the City $27,141 over the next 5 years ($100,741 anticipated reimbursement + 175,000 savings on the current beach tourism contract - $248,600 cost to City = $27,141) and provide the visitors of Clearwater with a professionally managed and attractive visitor information center. Funds returned to the City will be placed in the General Fund once the City Manager’s Flexibility Fund has been replenished. The Clearwater Regional Chamber shall provide an accounting of funds, as well as, furnish the City with a quarterly report of activities on behalf of the City. Any monies not used by the end of each quarter shall be returned to the City. In response to a question, City Manager Intern Debra Caputo said the subsidy will end two months before the end of the fiscal year and may decrease prior to that time. North and South Beach Parking At the December 18, 2001, Commission meeting, the Administration was directed to report back to the City Commission in 180 days regarding a Beach parking strategy. The following summarizes progress to date: North Beach The City requested a detailed financial feasibility study as well as appraisals to assist the City in its assessment of financial alternatives in constructing a Pelican Walk garage. The study, conducted by Urbitran/Chance Management Advisors, indicates that the 450-space Pelican Walk garage is financially feasible given four conditions: (1) a 30-year amortization rate; (2) pre-cast, pre-stressed construction technique; (3) pay-on-foot revenue collection system; and, (4) a $1,000,000 write down from the City’s Parking System. The total development cost for constructing the Pelican Walk garage by the City is estimated at $7.7 million with land cost estimated at $1 million. Tax exempt revenue bonds will need to be issued to cover the development costs of the garage. The annual cost including debt service and operating cost would be $781,241 for the first year. Alternatively, a private developer has presented a proposal to the City to build the Pelican Walk garage on a lease term. The rent for years 1-5 is $550,000, increasing every 5 years. The annual cost to lease and operate the garage would be $807,850 for the first year. Hilton Hotel has expressed an interest in discussing development options at their location, including the possibility of additional parking facilities. South Beach The “Marriott Seashell” developers have proposed a temporary surface parking lot for 150-160 spaces on their current site. In order to preserve the development opportunity of the site as a resort hotel and to potentially move forward with the Beach Walk project, the developer would lease to the City the parking lot. The Marriott Seashell proposal is to lease the lot to the City for $3,000 a year per space. Further, the City would purchase the land at fair market value (up to $6,000,000) if construction of a resort does not begin by March 1, 2006. Estimated operating costs for the parking lot for the first year is $85,310. A second developer has proposed three parking options for a 92,400 square feet site between Hamden and Coronado approximately between Brightwater on the north and slightly south of Fifth Street to the south. The City would vacate Fifth Street. The three options include: (1) outright purchase by the City for $12,000,000, the seller to retain all development rights; (2) City purchases the land for $11,000,000 with a requirement that the City declare the property surplus and put it out to bid after one year, for a 1,450-space parking garage with 45,000 square feet of retail on ground floor; or (3) a 30-year lease to the City for 261-331 public spaces at a per year lease cost of $1,046,500 with a 3% increase annually. Developer has option to construct a 1,450-space garage between the second and fourth year of the lease. The City received a $500,000 federal grant to proceed with the design of Beach Walk. The City has retained the firm of Post, Buckley, Schuh and Jernigan to prepare the design drawings and construction specifications for Beach Walk. The firm has drafted a detailed scope of work that has been submitted to the City for review. The design phase is estimated to be complete in June 2003. In response to a question, Mr. Stone said if construction of a resort does not begin by March 1, 2006, and the appraised value of the property is less than $6,000,000, the City would purchase the property from the developer for the lesser amount. The lease payments the City makes would be a net of its operating costs. He said the Pelican Walk parking garage takes into consideration building of Bel Harbor. Mr. Stone felt that parking garage would be patronized. Staff has approached Eckerd’s regarding their interest in working with the City to provide parking spaces. Mr. Stone said 450 spaces at Pelican Walk would require 5 – 6 levels and would be higher than the Pelican Walk façade, which is only 2 levels. Staff feels it best to avoid establishing a special district. Ms. Simmons said a project of this type normally requires a 1.4 ratio coverage. She does not feel the City would get good bond and insurance rates otherwise. The City received a 4.8 rate for 30-year water and sewer bonds. Mr. Stone said no appraisal has been done for the Marriott Seashell Resort. The developers presented the $6 million appraisal figure, as they felt it would represent the cost of the property with financing, etc. In response to a question, Assistant Director of Economic Development Gerri Campos said the Marriott Seashell property encompasses 71,000 square feet including Third Street and the Gulfview vacation. Mr. Stone said the right-of-way vacations were added to the value of the property. The City would pay for the value of the development options (one time). As the City does not have the cash to purchase the Seashell property, the developer would pursue a financing option that would allow them to consolidate the property and generate enough revenue to cover the cost of their mortgage so they can aggressively market the development package. This would allow the City to move forward on the Beachwalk development. Mr. Stone said the City would not be tying up the $6 million as it is not available for use for other projects such as Beachwalk. The $6 million is a back-up position requested by the developer. In response to a question, Mr. Stone said he does not know the present value of the land on Gulfview. He said Gulfview would not be vacated until the construction of Beachwalk. The City would not pay for parking spaces until they are built. In response to a question, Mr. Stone said the CDB (Community Development Board) would consider the Seashell Interim parking lot at their August meeting. Staff is requesting the Commission direct them to negotiate with Mr. Anastopoulos and to proceed with a demand analysis, and to negotiate an agreement regarding the Pelican Walk garage In response to a question, Ms. Simmons explained that public services tax is a general fund revenue. In order to bond for the garage, the insurers and rating agencies are not comfortable unless the City can show it can meet its debt service with parking revenues. Ms. Simmons said special benefits awarded to a particular group would make the City’s bonds become taxable. Mr. Stone said as indicated in the Beach Parking Strategy Report dated July 2002, 3 appraisals were obtained for the Pelican Walk Shopping Center parking lot. There are some outstanding issues that need to be negotiated with the property owner. In response to a question, he said an analysis has not been done regarding maintenance costs for the garage, Beachwalk, beach clean up, lifeguards, Jolley Trolley, etc. Concern was expressed that the City would guarantee Penny for Pinellas money for economic development. Concern also was expressed that the units in the development pool would be tied up for another 4 years by extending this agreement. Mr. Stone said those development pool units are imbedded in the development agreement and extension of those timeframes require approval by the CDB. Mr. Stone said the Seashell development agreement states that the City can only add 300 public parking spaces within a quarter mile radius of their development. There are no restrictions regarding public parking on north beach. City Manager Bill Horne said staff is bringing options and solutions to the Commission as directed. It was remarked that false information that the City has a development agreement on another parcel in the area has been disbursed. MR MARINE /AVIATION Approve the addition of one full-time equivalent (FTE) position for a custodial worker at the Marina. The City has been paying for contractual custodial services for years. The City has been dissatisfied with the services provided for as long. The cost of the services is more than the base salary of a FTE custodial worker. Marine and Aviation is asking to not renew the cleaning contract that expires July 31 and instead hire one (1) additional FTE for a custodial worker at the marina. Currently, the marina pays $19,564 a year for cleaning service. With an expected 4% increase in 2003, which would bring the cost up to $20,400. The starting salary for a custodial worker in the city pay plan is $16,147 annually. The total annual salary, including benefits is $22,004. The net annual impact to the Marine & Aviation Fund will be approximately $1,250 in the 2002/03 recommended budget. In response to a question, Director of Marine and Aviation Bill Morris said these facilities specifically support the Marina and its tenants. Funds are part of the Enterprise Fund. PR PARKS AND RECREATION Approve the Second Amendment of Professional Management Services Agreement between Globe Facilities Limited Partnership dba Global Spectrum (Globe) and the City of Clearwater (City) for a five (5) year term concluding on September 30, 2007. Globe is the current provider of management services to operate the first and third floors of the Harborview Center through a contract between Global Spectrum and the City of Clearwater. The contract period is January 9, 1995 through September 30, 1998, extended for a three-year period to September 30, 2002. In accordance with Section 2.564 (1) (e) of the City of Clearwater Code of Ordinances this item is impractical to bid. Specifically, Globe’s management of the Harborview Center has provided outstanding leadership as we continue to move in a planned direction to eliminate the City subsidy of this enterprise fund. The parties seek to extend this Agreement by entering into a Second Amendment that extends the contract period for five years to September 30, 2007. A five-year term will allow for continuity from year to year with events and will provide the best level of service for the customers. Globe’s fees are in the proposed budget for FY 2002/03 and will not cause an increase in City expenses for the additional five-year extension. This agreement length follows the same length of the Concession Management Agreement (Boston Concessions). In response to a question, Parks and Recreation Director Kevin Dunbar said Globe is responsible for building maintenance. Globe is working with the City for a long-term solution for maintenance of the atrium. Globe’s business plan was requested. PW PUBLIC WORKS Approve Change Order No. 5 to Keystone Excavators, Inc. of Oldsmar, Florida for the 2001 Sidewalk/Curb Replacement Contract (01-0021-EN), which increases the contract amount by $334,720.50, and adds 60 days to the time of the contract. The new contract total is $1,282.350.20. This Contract was previously approved by the City Commission on November 1, 2001, for $932,350.00. Change Orders 1, 2, 3 and 4 were all previously approved by the City Manager, and increased the original contract cost by $15,279.70 for a new contract total of $947,629.70. Change Order No. 5 will increase the remove and replace sidewalk and driveway items in additional areas. The additional work will include the following subdivisions: Clubhouse Estates of Countryside - Tracts 1, 2, 3, 4 and 5; Countryside - Tracts 5, 6, 8, 9, 57, 58, 90, 93 and 94 Westchester of Countryside Wynwoods Landing The additional work will require an extension of the contract time and the contractor has requested 60 days. This time extension period is acceptable and should not cause any adverse effect on the project. The new completion date is September 18, 2002. Sufficient budget and revenue are available in the Capital Improvement Project, 315-92266, Streets, Sidewalks & Bridges to fund this change order. Concern was expressed that so much work is being done in the Countryside area. Public Services Assistant Director Raymond Boler staff felt it appropriate to finish the Countryside area due to trees uprooting sidewalks, etc. Approve Change Order No. 1 to Keystone Excavators, Inc. of Oldsmar, Florida for the Mandalay Ave/Papaya St/San Marco Reconstruction (99-0098-EN), which increases the contract amount by $935,243.53, and adds 90 days to the time of the contract. The new contract total is $2,682,243.53. This Contract was previously approved by the City Commission on November 15, 2001, for $1,747,000.00. Change Order No. 1 provides for this Contractor to perform replacement of the main water line and additional work along Mandalay Avenue. This change order also requests a time extension of ninety (90) days to complete this work. This time extension period is acceptable. The new completion date is February 28, 2003. The additional work includes the replacement of the existing water line from Baymont to the roundabout for an increase of $845,122.96; the construction of two new metered parking lots at Eastshore and Causeway for an increase of $114,619.90; and a change in the traffic signal at Baymont and Mandalay for a decrease of $24,499.33. Sufficient budget and revenue are available in the Capital Improvement Project, 315-92636, Parking Lot Improvements to fund the new parking lots. A third quarter budget amendment transferring $500,000.00 of Utility Renewal and Replacement revenue from project 315-96743 Meter/Backflow Prevention Device Changeout to 315-96741, System R & R Capitalized will provide sufficient budget and revenue to fund the water line replacement. In response to a question, Building Construction Supervisor Perry Lopez said the need for this replacement was discovered while work was being performed on a deteriorated water line. Replacement of this line will not put stress on the other areas of the system. Staff anticipated work to be completed by the completion date indicated. Mr. Brumback said staff is bringing forward a proposal regarding automated asset management in the next few months for documenting and scheduling work. The merchants on Mandalay Avenue were complimented for their patience. Approve Change Order #6 for the N. Greenwood Reclaimed Water & Corridor Enhancements Project (01-0029-EN) to Steve's Excavating & Paving, Inc. of Clearwater, Florida increasing the contract amount by $149,642.12 for a new contract total of $2,431,284.09. The work proposed in change order #6 is to replace a 12” watermain, relocate a sanitary manhole with the installation of a 24” ductile iron pipe, and the construction of a conflict storm structure. Furthermore, this change order will make funds available for payment of the completed work and pay for the delay costs caused by the unforeseen conflicts during construction. The existing 12” watermain is old with brittle joints. Replacement prior to roadway construction is beneficial and provides a better final product. Relocation of the existing sanitary manhole and the placement of the 24” ductile iron pipe are necessary to complete the underground storm water pipe installation. Further the installation of a storm conflict structure surrounding the 24” ductile iron pipe is necessary to accommodate the storm systems conflict with the sanitary system. This change order will also accommodate the costs incurred by the contractor due to the delays encountered at the Cleveland Street crossing for the Reclaimed Water System. Sufficient Budget and funding are available in the Storm Pipe System Improvements Project 377-96124. In response to a question, Mr. Lopez said staff is pushing the contractor to complete the work by the February date. The additional costs are due to delays in construction to the Greenwood Avenue and Cleveland Street areas. The original design did not provide for crossing Cleveland Street. CLK CITY CLERK Beautification Committee – 1 Appointment City Clerk Cyndie Goudeau said one vacancy exists on the Beautification Committee. Member Jean Stuart is not interested in reappointment. One nominee is being considered to replace her. It was suggested that unless any other names are added to the list, that the one nominee be considered for appointment on Thursday. Enterprise Zone Development Agency – 2 Appointments Ms. Goudeau said there are three vacancies on the enterprise zone Development Agency. Rev. Mack Sigmon is not interested in reappointment. Ms. Wade is interested in reappointment. It was requested that a list of nonprofit agencies in the area be provided to the Commission. Community Relations Board – 2 Appointments Ms. Goudeau said there are two vacant seats on the Community Relations Board. This board has been restructured with new categories. Four nominees are being considered. It was remarked that consideration should be given to those nominees with zip codes other than current members to ensure City-wide representation. Commission Discussion Items Discussion of Oldsmar’s resolution regarding traffic signal The City of Oldsmar is requesting that the FDOT (Florida Department of Transportation) install a traffic signal at the intersection of Curlew Road and Gull Aire Boulevard in Oldsmar. Consensus was a letter expressing Clearwater’s concern, under the Mayor’s signature, be sent to the Secretary. It was remarked that it appears that intersection allows the residents of the Gull Aire Village to make safe turns. It was felt that there is a larger problem on the Courtney Campbell Causeway. Ms. Arasteh said she did not know if that intersection has a pedestrian-controlled signal. Tampa Bay Partnership Transportation Advisory Council Commissioner Jonson said he would like to attend the Workforce Advisory Council hosted by the Tampa Bay Partnership. Commissioner Gray would like to attend the Transportation Advisory Council. Approval to attend the Neighborhood Conference in Tampa The conference is being held in Tampa and the fee is $40. Commissioner Jonson encouraged everyone to participate at this year’s September conference. It was remarked that the Commission will discuss their travel budget at a future meeting. Discussion regarding starting the August 5 Work Session at 8:30 a.m. The Mayor stated he would have to leave the meeting at 11:45 a.m. to attend another meeting. Consensus was to start the meeting at 8:30 a.m. December 2002 and January 2003 Commission Meeting Schedule City Clerk Cyndie Goudeau presented the Commission meeting schedule for December 2002 and January 2003. She requested the Commission confirm the schedule in order to complete proper planning and notification of meetings. The Mayor said he would check on the date for the January 2003 Conference of Mayors. Other Commission Action Commissioner Hibbard requested the status of the tour of Clearwater Mall with the City’s arborist. Assistant Planning Director Lisa Fierce said she is working with the Commission’s schedule to determine when they are all available to take the tour. She suggested a Saturday in August at 9:00 or 10:00 a.m. Commissioner Jonson requested the economic development workshop be scheduled. He suggested reviewing CRA (Community Redevelopment Agency) strategies and the role of capital projects versus incremental approach. He also wants to review the role of code compliance. He expressed concerns regarding sequencing of the downtown street project. He suggested the City invite legislators to future meetings to give updates on pertinent issues. Commissioner Hamilton acknowledged the passing of Mr. Rex Clark, who strongly supports the new library and the library foundations. Mr. Clark was an outstanding citizen. He also congratulated and thanked his wife on their 20th wedding anniversary. Mr. Horne said additional dates for budget workshops in August will be scheduled. Adjourn The meeting adjourned at 12:05 p.m.