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04/12/2004CITY COUNCIL WORK SESSION CITY OF CLEARWATER April 12, 2004 Present: Brian J. Aungst Mayor Frank Hibbard Vice-Mayor Hoyt P. Hamilton Councilmember William C. Jonson Councilmember Carlen Petersen Councilmember Also present: William B. Horne II City Manager Garry Brumback Assistant City Manager Ralph Stone Assistant City Manager Pamela K. Akin City Attorney Cynthia Goudeau City Clerk Patricia O. Sullivan Board Reporter The Mayor called the meeting to order at 1:00 p.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. James West, Public Utilities, was presented the April 2004 Employee of the Month award. The Council recessed from 1:08 to 1:12 p.m. to meet as the Community Redevelopment Agency and Pension Trustees. PRESENTATIONS Presentation – Annual Financial Report & Certificate of Achievement. Tammy Evans, Manager of Grant Thorton, reviewed the City’s 2003 CAFR (Comprehensive Annual Financial Report) and her firm’s required communication regarding the audit. Regarding City finances, the audit found no material weaknesses or deficiencies. The firm made some recommendations for improvement. In response to a question, she said any reported misstatements had been deemed immaterial. Finance Director Margie Simmons recognized the financial staff, and reported the City had been presented the Certificate of Achievement for Financial Reporting for the 24th consecutive year. PUR PURCHASING Approval of Purchases per Purchasing Memorandum: 1) M T Deason Company Inc., Birmingham, Alabama – Gas Material - Meters and Regulators during the contract period: May 1, 2004 through April 30, 2005, in the amount of $125,885. (CGS) 2) American Meter Company, Avon Park, Florida - Gas Materials - Meters and Regulators during the contract period: May 1, 2004 through April 30, 2005, in the amount of $145,180. (CGS) In response to a question, Purchasing Manager George McKibben said the other two contracts were less than $100,000 each and had been awarded under City Manager authority. Clearwater Gas System Managing Director Chuck Warrington said the City is able to split the bid and select the lowest price from the list of bid items. ED/HSG ECONOMIC DEVELOPMENT/HOUSING Authorize the City to initiate foreclosure proceedings at this time, and/or in the future if warranted, on the property located at 1116 Howard Street, Clearwater for non-payment and non-responsiveness of a City Housing Loan. In April 1995, the borrower obtained a $9,400, Down Payment Assistance (DPA) loan with the City to acquire property at 1116 Howard Street, Clearwater. In October 2001, the client applied for, and obtained, a $15,000 rehabilitation loan to construct an addition on their property due to overcrowding. The rehab loan subsequently was increased by $5,000 in December 2001 for additional unforeseen expenses associated with the rehabilitation loan. The borrower is currently an employed single mother with seven children. The $9,400, DPA loan is a deferred payment loan that has a principal reduction feature whereby, starting on the sixth anniversary of the loan, the loan balance will decrease $1,000 per year. The $15,000 rehabilitation loan is a twenty-year loan that requires a $62.50 monthly payment, which the borrower was suppose to start making in March 2002. The additional $5,000 loan is a fifteen-year loan with payments of $27.78 per month that are scheduled to begin in February 2007. Both the $15,000 and $5,000 loans are at zero percent (0%) interest. The borrower has made only one payment on the $15,000 loan during the past 24 months. Staff has sent the borrower numerous letters, some certified (many unclaimed), over the past two years trying to get her to either make a payment or join a homebuyers, credit counseling or some other form of financial counseling program. Under City loan policies, borrowers who cannot make payments are required to enroll in some form of homebuyers, credit counseling, or some other form of financial counseling program. Upon doing so, the City automatically will defer the loan for a period of six months. After six months, staff reevaluates borrowers’ ability to pay. If they still are not in a position to pay, the City will defer their loan for another six months. After one year, if they still are not in a position to make payments and have a valid hardship, their loan may be restructured to a lower payment or a deferred payment type loan. The borrower has been reluctant to enroll in a program. On several occasions, the borrower did not show for meetings scheduled with Assistant City Attorney Bryan Ruff and Assistant Housing Director Howie Carroll. City loan policies are very fair. Staff tries to do whatever they can within their means to work with delinquent borrowers, but borrowers also have to be responsive. Unfortunately, there are times staff has to resort to tougher measures. At loan closing, borrowers know what their obligations and responsibilities are upon signing the loan documents. Staff is hopeful that as foreclosure proceedings progress, the borrower will become responsive and staff will be able to dismiss the foreclosure action. If the City was to dismiss the action and the borrower becomes non-responsive again, staff will file the foreclosure action again at that time. In response to a question, Mr. Carroll reported the borrower is gainfully employed. Assistant City Manager Ralph Stone said staff is very reluctant to take this action, but the borrower has been totally non-responsive. It was stated the action is necessary to be fair to all City borrowers. The City Attorney said staff has tried to obtain a response from the borrower. IT INFORMATION TECHNOLOGY Extend an existing lease agreement with Xerox Corporation, Tampa, FL from December 30, 2007 to May 31, 2008 and increase the award from $640,000 to $890,000 for the lease of 11 additional digital copiers in accordance with Section 2.564 (1)(d) Code of Ordinance - Putnam County contract numbers 071398105 and 071736300. The City of Clearwater has 11 digital copiers leased from Xerox Corporation on the DBCC (Daytona Beach Community College) contract #MU02268 that expire on 7 different dates between November 2004 and February 2006. In addition, the City has 58 digital copiers leased from Xerox Corporation on Putnam County contract #071736300 that the City Council approved on May 16, 2002. The 11 copiers to be replaced account for approximately 35% of all copies made Citywide under both current contacts. The most cost effective way to administer both leases is to modify the timing of the 11 DBCC lease machines to co-terminate with the existing 58 Putnam County lease copiers. Benefits of this strategy include: 1) All Citywide copier leases would terminate May 2008; 2) Having all copiers co-terminate together affords the City greater bargaining power at lease end, and easier administration (billing, repairs, maintenance, etc.); 3) This solution provides the lowest total cost to the City. Based on current average monthly usage, the City will realize nearly a 6% savings from current combined billings on both contracts; 4) The 11 replacement copiers are new (not existing or refurbished machines); 5) The 11 new copiers have the same functionality and features of copiers being replaced; and 6) Lease terms include standard shipping costs, staff training, service maintenance, and supplies (except paper and staples). In response to a question, Public Communications Director Doug Matthews reported the cost savings is approximately $10,000. Not all copies made on color capable copiers are in color. LIB LIBRARY Approve operations agreement with Raven of Tampa, Inc. d/b/a Joffrey's Coffee Company for a café in the new Main Library. The City issued a RFP (Request for Proposals) for a café operation in the new Main Library on February 1, 2004. Responses were due on March 1, 2004. On March 3, 2004, a selection committee ranked the proposals and selected Raven of Tampa, Inc. d/b/a Joffrey's Coffee Company. The committee had representation from Economic Development, Finance/Purchasing, and the Library. Selection criteria included: experience, design concept for operation, financial plan, fee/percentage of gross revenues, management philosophy, and ability to partner with the Library on special events and programs. Raven of Tampa, Inc. currently operates two Joffrey's cafés: Bayfront Medical Center and Prime Outlets in Ellenton. They are scheduled to install a third café in St. Anthony's Hospital in St. Petersburg when renovations there are complete. Highlights of the operations agreement: 1) Term is 3-years with a 3-year renewal option; 2) Monthly rent is $1,000. The City also will receive 10% of gross revenues above $120,000 annually; 3) Library retains right to review/approve café design and menu; and 4) Café build-out/installation of counters, equipment, etc. is the responsibility of the operator. It was questioned if related terms of the contract are typical. Assistant City Manager Garry Brumback said terms are unique as there is no similar facility in the City. Assistant Library Director Laurel Gustafson said Joffrey’s will be responsible for maintaining the café area: 1) 1,700 square-feet of seating area; 2) 3,000 square-feet of terrace; and 3) 432-square feet café preparation room. If the firm does not renew its lease, they can remove their modular units. Mr. Brumback could not estimate future revenues, but indicated City revenues will increase as the café becomes more successful. The lease includes a guaranteed minimum. PD POLICE Pass Ordinance # 7280-04 on first reading, which will amend the City of Clearwater Ordinance relating to fees for services provided by the Police Department. This amendment to Appendix A will include and revise the fees for administrative services provided to persons seeking to solicit, seeking letters of good conduct, seeking to obtain fingerprint services or police reports, applying for an occupational license, or seeking to drive taxicabs or public conveyances within the City. The amendment of Ordinance #7280-04 will reimburse the Clearwater Police Department for costs to provide those administrative services. In response to a question, Police Chief Sid Klein said while the City has been charging for these services, the level of fees does not cover City costs. Chief Klein will report if limousines require a City inspection. Approve the Pinellas County Interlocal Mutual Aid Agreement concerning Traffic Accident Investigations and Traffic Enforcement and adopt Resolution #04-08 authorizing the appropriate officials be authorized to execute same. Mutual aid agreements among law enforcement agencies are authorized by Chapter 23, Florida Statutes, for rendering voluntary assistance of a routine law enforcement nature to one another across jurisdictional lines. Aggressive drivers, speeders, and other traffic violators do not respect jurisdictional boundaries; yet municipal law enforcement officers in Pinellas County are powerless to enforce traffic laws or conduct traffic-accident investigations on a street contiguous to the jurisdictional boundaries of the officer’s employing municipality but in the jurisdiction of the other cooperating agency. The proposed Mutual Aid Agreement will allow a uniformed, on-duty, municipal law enforcement officer in Pinellas County to conduct traffic accident investigations on a street contiguous to the jurisdictional boundaries of the officer’s employing municipality but in the jurisdiction of the other cooperating agency when the agency in whose jurisdiction the accident occurred is unable to dispatch an officer to the scene. The proposed Mutual Aid Agreement will also allow a uniformed, on-duty, municipal law enforcement officer in Pinellas County to take appropriate action when he/she observes a traffic infraction occurring on a street contiguous to the jurisdictional boundaries of the officer’s employing municipality but in the jurisdiction of the other cooperating agency. The Mutual Aid Agreement will terminate on January 1, 2005. The City Attorney and Police Chief recommend approval. In response to a question, Chief Klein said this agreement expands the City’s agreement with Largo. PW PUBLIC WORKS Approve the Work Order to Parsons for design engineering services for the first two digesters in the Digester Refurbishment phase of the Biosolids Treatment Implementation project at the Northeast and Marshall Street AWTP facilities in the amount of $254,351, and that the appropriate officials be authorized to execute same. This portion of the Bio-Solids Treatment Implementation project provides for the refurbishment of one existing 90-foot diameter sludge digester and associated equipment at each of the Marshall Street and Northeast (NE) Advanced Wastewater Treatment Plants (AWTPs). The digesters are vessels that contain microbes that “digest” solid wastes from the plants. Parsons is an Engineer of Record. The design phase is estimated to be completed in 165 days from the notice to proceed. This project is consistent with the City’s WPC Master Plan. Public Utilities Director Andy Neff said the project will be constructed after this design component is complete. Staff will provide City Council with a breakdown and explanation of design expenses and an estimate of the useful life of the final project. He estimated construction will cost $5.4-million and will be completed in phases to maintain operation. PLD PLANNING Presentation – Downtown Design Guidelines – New Construction AND Approve the New Construction chapter of the Downtown Design Guidelines. Planning Director Cyndi Tarapani reviewed proposed guidelines and recognized Gina Clayton and Mark Parry for their efforts on this project. As presented on December 18, 2003, the development of the Downtown Design Guidelines has been organized into four parts: 1) Design Principles; 2) New Construction; 3) Treatment of Designated Historic Structures; and 4) Signs and Miscellaneous. The Design Guidelines review schedule, revised in February 2004, has been organized around these four major topics of discussion with each topic to be presented to the City Council for review and approval. The first one, Design Principles, was approved on December 18, 2003. The second one addresses New Construction and is the subject of this agenda item. Planning staff and the Steering Committee have met six times during the last four months to create this section. The Council received a draft last week, excluding the color and material subsection. The New Construction chapter focuses on the basic and specific principles for the numerous aspects of site and building design that will guide new development within the Downtown. It is divided into three subsections: 1) site design; 2) building placement; and 3) building design. Subsections are organized by topic with an accompanying principle and subsequent “appropriate”/“inappropriate” supporting statements, photographs, drawings and other images to guide design. The Steering Committee reviewed the color and materials subsection on April 6, 2004, and forwarded recommendations. The Planning Department recommends approval of the New Construction provisions as presented by the Committee with one exception. The Department recommends language be added to page 39 of the color section that would prohibit the use of the deepest tones of colors on the main body of buildings. The Committee reviewed the proposed language but voted to remove it from the Guidelines by a vote of 7:3. The Planning Department and Committee are developing the next element of the Guidelines, “Treatment of Designated Historic Buildings,” which is scheduled for Council review on May 20, 2004. Discussion ensued in regard to site design and building placement. Ms. Tarapani said pedestrian and vehicular access must be considered and shared access is encouraged. She said parking garages are proposed to be wrapped with retail or residential uses and the view of vehicles in parking lots will be screened. She said site elements include buffering and screening to hide utilities on top of buildings. Locating buildings on the lot line or in the setback will be based on requirements for the site’s district. In response to a question, Ms. Tarapani said staff would take outdoor seating requirements into consideration when reviewing Downtown restaurant site applications. Discussion ensued in regard to separation between buildings and Ms. Tarapani said separations between buildings should include useable space. There was discussion regarding transition areas and Ms. Tarapani indicated these guidelines would apply only to two areas: 1) the Clearwater Bay Marina site and 2) properties located between Chestnut Street and the southern edge of the Town Lake Residential District. She said the most intense use would be located away from the residential area. The plan includes a formula for the transition area. Discussion ensued in regard to building heights and Ms. Tarapani reported the plan requires a flow between adjoining properties, appropriate width and depth for buildings, rhythm and appropriate spacing. In response to a question, she said the Colony Building’s many windows, trimmed in white, tone down any color concerns staff may have. She said the Steering Committee only disagreed with the section that prohibits the deepest tones on the color wheel for use on the main body of buildings. She noted guidelines require a main body color, a separate trim color, and an additional accent color, if appropriate. In response to a question, Long Term Planning Manager Gina Clayton said some committee members felt some colors in the deepest tone would work and supported a freedom of choice. Concern was expressed in maintaining deep color tones, which quickly fade in Florida’s bright sunlight. The use of natural materials in new construction was encouraged. It was recommended colors be appropriate to a building’s style. Discussion ensued in regard to designated historic structures and it was indicated owners of these structures qualify for rehabilitation incentives. Ms. Tarapani said the guidelines will provide guidance for all Downtown structures, whether or not they are designated “historic.” Improvements, greater than 25% of the value of the structure, will trigger some upgrades. She said staff will come back with appropriate phasing for these types of projects. She said staff is requesting conceptual approval of these Downtown construction guidelines. Mr. Stone said putting in place a set of guidelines will support development of a better Downtown and noted flexibility is important. He believed massive property consolidation was inappropriate as it is out of character with the rest of Downtown. He said parking garages are planned outside major City corridors and transition areas must be flexible so the market can react to zoning decisions. Concern was expressed the guidelines do not identify a Downtown character or desired pattern of development. It was suggested a photograph inventory of architectural styles that reflect Clearwater’s roots be used for models. In response to a question, Ms. Tarapani said copper or tin would be permitted if used as an accent or to replicate a historic item. She supported a variety of styles. In response to a question, Ms. Tarapani said staff will review project designs to see if they work in their proposed location. ORLS OFFICIAL RECORDS/LEGISLATIVE SERVICES Appoint Councilmembers as representatives on the Regional and Miscellaneous Boards Discussion ensued regarding the Regional and Miscellaneous Board requiring Councilmember representation. Consensus for appointments was: Tampa Bay Regional Planning Council (TBRPC) – Petersen; Suncoast League of Municipalities Board of Directors – Jonson; Mayor's Council of Pinellas County – Aungst; Barrier Island Governmental Council – Hamilton; Tampa Bay Partnership Board of Governors – Aungst; Tampa Bay Partnership Policy Board – Aungst; Tampa Bay Estuary Policy Board – Jonson; Sister Cities Committee – Petersen; Emergency Medical Services Advisory Council (EMS) – Aungst – 2-year term expired 5/2003 (On hold); Pinellas WorkNet Board – Hamilton – 2-year term expires 9/30/2004 (On hold); St. Petersburg/ Clearwater Area Economic Development Council – Jonson – 1-year term expires 10/2005; Pinellas Planning Council (PPC) – Hamilton – 2-year term expires 12/31/2004; Pinellas Suncoast Transit Authority (PSTA) – Jonson – 3-year term expires 9/30/2006; Metropolitan Planning Organization (MPO) – Hibbard – 4-year term expires 9/2005; Pension Advisory Committee (PAC) Petersen – 2-year term expires 4/4/2005, Hamilton – 2-year term expires 4/4/2006, Hibbard – 2-year term expires 4/4/2006; and Main Street Joint Venture – Jonson. Appointments to be tabled include: 1) Performing Arts Center & Theater Board of Directors; 2) Chi Chi Rodriguez Youth Foundation Board of Directors; 3) Jolley Trolley Transportation of Clearwater, Inc. Board of Directors; 4) CHIP (Clearwater Homeless Intervention Project) Board of Directors); and 5) Clearwater Marina Aquarium Board. Consensus was to agenda a Council Discussion Item regarding the Pinellas Mobility Initiative before its discussion by the MPO. Councilmember Hamilton reported in July or August 2004, the Barrier Island Governmental Council will schedule a meeting in Clearwater. The host City is responsible for providing refreshments and taking minutes to be forwarded to the Chair’s assistant. City Manager Verbal Reports Legislative Day Discussion ensued regarding tomorrow’s Legislative Day schedule in Tallahassee and issues for discussion. Communications and Contingency plan for Events Surrounding May 1 in Downtown. Mr. Matthews reviewed the many activities and events scheduled for May 1, 2004, at Coachman Park, the Harborview Center, and new Main Library. The schedule had assumed the Memorial Causeway Bridge would be open and beach traffic redirected away from Cleveland Street. Discussion ensued regarding the need to retain traffic on Drew Street during the events at Coachman Park. Parks & Recreation Director Kevin Dunbar said the street is used for back stage and concessions. He expressed concern traffic passing near the stage would disrupt performances. Staff was directed to retain westbound traffic movement, if possible for all times except when performances are underway. Discussion ensued in regard to the number of events scheduled and it was indicated the Police will assist with traffic flow. Public Works Administrator Mahshid Arasteh reported when Drew Street is closed, staff widens Cleveland Street to two lanes westbound from Osceola Avenue. Mr. Matthews said some events were booked to help revive Sun n’ Fun. Mr. Dunbar said the grand opening of the new Main Library was scheduled that day due to conflicts with other events on alternate weekends. Ample parking is available a short way from the events at the MSB (Municipal Services Building) and Garden Avenue Garage. Staff will see if they can tweak Drew Street to permit some traffic movement. Concern was expressed traffic problems related to Coachman Park activities will discourage park expansion support. Ms. Arasteh said Variable Message Boards will direct vehicles to the parking garages. It was recommended staff distribute press releases, advise traffic reporters, and take all communication steps necessary to advise the public of this situation. It was suggested the project to lengthen the deceleration lane to Island Estates will destroy palm trees, is expensive, and unnecessary. Ms. Arasteh said the longer lane will help residents access Island Estates when Causeway traffic backs up to the beach. The City Manager said this project is in response to Island Estates resident concerns. U.S. 19 overpasses The City Manager reported a request had been made for a more in-depth design review of all new overpasses proposed for U.S. 19. Once options are available, consensus was to schedule a review using the same format as the PMI presentation. Council Discussion Items Proposed policy for designating Memorials on City public property Mr. Dunbar reported staff receives requests annually for living memorials. Historically, the City has rejected such requests due to on-going maintenance costs. Suggestions included people contributing for trees in City parks with related memorial information in a City Hall book rather than mounting plaques or establishing a walkway around a tree and purchasing a brick. Concern was expressed in creating an expectation in perpetuity. Consensus was for staff to develop a policy of approved memorials, which includes prohibitions. Pinellas Assembly Task Force Annexation Report and County Ordinance – Properties of Municipal Importance The City Attorney said the County has proposed an Ordinance that allows the annexation of County properties but exempts them from local regulation. She expressed concern regarding Downtown County properties, including inebriate and homeless centers, which would be exempt from City Code, building code review, the Downtown Plan, etc. She expressed concern under the Ordinance, the City would lose control of local land uses. Assistant City Attorney Leslie Dougall-Sides said legal concerns include the loss of City ability to review the Comprehensive Plan and could impact taxation issues, with the City unable to collect stormwater utility fees and impact Clearwater’s ability to provide services to City residents. The Ordinance does not address leased properties and does not define “County function.” She said the City may be able to make a constitutional argument against the Ordinance as it may violate some statutory provisions and may not comply with PPC legislation. She reviewed possible City actions. The City Attorney reported the first reading on the Ordinance is scheduled for April 13, 2004. A meeting with other cities is scheduled for Friday. Ordinance language is broad and vague in its address of interlocal agreements with local cities. In response to a question, she said the Ordinance is a result of recommendations from the Pinellas Assembly. Ms. Tarapani said Ordinance language has grown since the original concern was expressed that large County facilities, such as the airport, prevent cities from annexing property on the far side of such facilities. The Mayor reported the Mayors Council is very unhappy with the proposal. Consensus was for Ms. Tarapani to request a continuance at tomorrow’s County Commission meeting as more conversation is needed before this proposed action moves forward. Ms. Tarapani expressed concern the County’s map does not include properties in the City’s planning area that have not yet been annexed. Other Council Action Councilmember Jonson said three copies of “How to Turn a Place Around” were available for City Council review. Adjourn The meeting adjourned at 4:56 p.m.