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05/31/2005CITY COUNCIL WORKSESSION CITY OF CLEARWATER May 31, 2005 Present: Frank Hibbard Mayor William C. Jonson Vice-Mayor Hoyt Hamilton Councilmember Carlen Petersen Councilmember John Doran Councilmember Also present: William B. Horne II City Manager Garry Brumback Assistant City Manager Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Patricia O. Sullivan Board Reporter The Mayor called the meeting to order at 8:15 a.m. at City Hall. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. Equity Services 1 - Senior Center Task Force update. Equity Services Director Eleanor Breland reported the Senior Center Task Force Chair and Vice-Chair would provide an update and review the Task Force’s recommendations at Thursday night’s meeting. Engineering Award a contract for the sub-aqueous installation of a 20-inch potable water main, a 12-inch potable water main, a 4-inch natural gas main with an 8-inch casing, and a 4-inch conduit for traffic communications under Mandalay Channel to Akerman Construction Company of Purcell, Oklahoma in the amount of $763,570.50, which is the lowest responsible bid received in accordance with the plans and specifications and authorize the appropriate officials to execute same. The construction of the proposed Clearwater Beach West Bridge Spur Connector (pedestrian bridge) has necessitated the relocation of the existing sub-aqueous potable water mains due to location conflicts with the bridge foundations. Inasmuch as the bridge location cannot be adjusted sufficiently to accommodate these existing utilities, the utilities must be relocated. The gas main and the traffic operations conduit are currently installed on FDOT (Florida Department of Transportation) Bridge #43, immediately north of and adjacent to the proposed pedestrian bridge. The subaqueous installation of these utilities in conjunction with the potable water mains will minimize future expenditures for relocation of these appurtenances when the FDOT replaces Bridge #43. The anticipated date for construction to commence is May 2005, and the project will be completed in 120 days. In response to questions, Engineering Manager Lisa Murrin reported the mains and conduit normally would not have required replacement. While the communications conduit is not in bad shape, the mains are 25 years old but have a useful life of approximately 50 years. City Engineer Mike Quillen said this project had been anticipated. Approve a work order to Jones, Edmunds and Associates, Inc., in the amount of $155,000 for engineering design services related to the Nitrate Recycle Improvements Project (05-0023-UT), and that the appropriate officials be authorized to execute same. The City has requested the services of Jones Edmunds & Associates (JEA) to produce a biddable set of construction documents outlining improvements to be made at the Marshall Street Advanced Pollution Control Facility (APCF) and the Northeast APCF. The Nitrate Recycle Improvements Project was identified as one of the Capital Improvements Projects recommended in the Water Pollution Control Facilities Infrastructure Assessment and Capital Improvements Implementation Plan, recently completed by Jones, Edmunds & Associates. The proposed modifications to the nitrate recycle systems at the Marshall Street and Northeast APCF’s are intended to improve the efficiency of biological nitrogen removal at both APCF’s. By redirecting the nitrate recycle flows to the existing fermentation tanks, additional substrate will be readily available for the bacteria to use. Based on biological modeling of the treatment plants performed during the WPC Master Plan, it is projected that these modifications will allow the treatment plants to better achieve effluent levels of total-nitrogen less than the permitted limits under virtually all flow scenarios. This proactive measure will better assure regulatory compliance with the plants' operating permits. It is anticipated the design project will be accomplished in 120 days. Jones, Edmunds & Associates is one of the City’s Engineers-of-Record, and this work order was negotiated in accordance with the Consultants Competitive Negotiations Act. In response to questions, Ms. Murrin said State standards are becoming more stringent. This project will help the City avoid being charged with future State violations. Public Utilities Assistant Director Todd Petrie reported the City has distributed information to residents regarding garbage disposal use, requesting they not drop eggshells into their disposals nor pour grease down their drains. Approve a work order to McKim & Creed, P.A., in the amount of $25,000 for supplementary engineering design services related to the Elevated Water Storage Tanks Modifications Project (04-0048-UT), and that the appropriate officials be authorized to execute same. The City has requested the services of McKim & Creed to produce a biddable set of construction documents outlining improvements to be made at the City’s North Elevated Storage Tank located near Weston Drive and Otten Street and also the South Tank located near Martin Luther King Blvd. and Harvey Lane. The Council previously approved a work order on October 21, 2004, authorizing McKim & Creed to start the design of the EST Improvements. The original fee of $93,500 was under the limit requiring Council approval, but with the addition of the fee for the supplemental work (new total: $118,500), this limit has been surpassed requiring Council approval before proceeding. The tanks were taken out of service due to concerns over water quality since the existing potable water system pressures remain fairly constant, hindering turnover in the tanks. The Elevated Storage Tank Modifications Project was identified as one of the Capital Improvements Projects recommended in the Potable Water System Infrastructure Assessment and Capital Improvements Implementation Plan, recently completed by Parsons. The proposed modifications to the EST’s will help to enhance potable water system pressures within the area of influence of the tanks and improve the ability to meet fire flow requirements in those areas of influence as well. New tasks to be added to the original work order include enhancements to SCADA associated with the tanks, lead screening tests on the existing paint system and soil samples, obtain available tank drawings for City records and various minor structural modifications to ladders and manways as indicated in a separate inspection report performed by Pittsburgh Tank and Tower. It is anticipated the design project will be accomplished in 45 days. McKim & Creed is one of the City’s Engineers-of-Record, and this work order was negotiated in accordance with the Consultants Competitive Negotiations Act. In response to a question, Ms. Murrin said the upgrades will be part of the overall water system, designed to draw water from the tanks as needed. The project will install piping necessary to recycle the tank water. Adopt Resolution #05-23 authorizing appropriate City officials to execute a Subordination of City Utility Interests agreement with the Florida Department of Transportation "FDOT" regarding that certain easement granted to the City by Wal-Mart Stores, Inc. as recorded in OR Book 8406, Page 939, public records of Pinellas County, Florida, as said easement presently encumbers Lot 2, plat of Sam’s Club of Clearwater. On April 28, 1993, Wal-Mart Stores, Inc. granted the City a blanket water main and ingress/egress easement for refuse and garbage collections over Lots 1 and 2, plat of Sam’s Club Clearwater at the southwest corner of US 19N and Gulf-to-Bay Boulevard. Lot 2 of the plat was later developed as Luby's Cafeteria. FDOT (Florida Department of Transportation) acquired the parcel in 2002, following Luby's closing. Lot 2 is identified as Parcel 100 on FDOT right-of-way mapping of its Work Project Item/Segment 256881, State Road 55 (US 19N) from north of Whitney road to north of SR 60. The parcel will be utilized for project stormwater detention purposes. The City does not presently have any utility infrastructure within the boundaries of the subject parcel. The City will continue to maintain its easement rights over the lot; however, in subordinating City rights to FDOT, those rights would in the future be subject to prior FDOT approval and under conditions of the FDOT's then current Utility Accommodation Manual. In response to a question, Assistant Engineering Director Al Carrier said FDOT will maintain the retention pond and provide easements to the City, at FDOT’s pleasure. Rockaway Parking Garage Discussion. Parking Facilities Manager Tracey Bruch reviewed options for a north beach parking garage: Option 1 – Locate Fire Station and Library at McKay Field and construct 560 space public parking garage at the Rockaway Lot: 1) 2 levels (no retail); 2) increase parking spaces by 415; 3) ability to construct additional levels; 4) 25 to 30 foot wide pedestrian walkway with pavers, benches, and lighting to link area along west side of property (not included in projected parking garage costs); 5) $433,000 – loss of existing annual revenue from Rockaway Lot; 6) $1.5-million subsidy from Parking Fund (20-year bond); 7) $1,254,400 - projected annual revenue, $2,240 per space, 75% average occupancy; 8) $1,566,320 – annual garage operating & debt service costs, $2,797 per space; and 9) $744,900 – total annual loss, $1,330 per space. Note – cash flows after approximately five years, with the exception of lost revenue from the Rockaway Lot. These projections do not include costs for Fire Station and Library construction. Option 2 – Locate Fire Station and Library and construct 590 space public parking garage at the Rockaway Lot: 1) 3 levels (no retail); 2) increase parking spaces by 445; 3) ability to construct additional levels; 4) 25 to 30 foot wide pedestrian walkway with pavers, benches, and lighting to link area along west side of property (not included in projected parking garage costs); 5) Fire Station/Library and limited public parking on Level 1; 6) $433,000 – loss of existing annual revenue from Rockaway Lot; 7) $1.5-million subsidy from Parking Fund (20-year bond); 8) $1,321,600 - projected annual revenue, $2,240 per space, 75% average occupancy; 9) $1,650,230 – annual garage operating & debt service costs, $2,797 per space; and 10) $761,600 – total annual loss, $1,291 per space. Note – cash flows after approximately five years, with the exception of lost revenue from the Rockaway Lot. These projections do not include costs for Fire Station and Library construction. Option 3 – Construct 420 space public parking garage only on the existing Rockaway Lot surface with replacement of the Fire Station & Library to be determined: 1) 3 levels (no retail); 2) increase parking spaces by 275; 3) ability to construct additional levels; 4) $433,000 – loss of existing annual revenue from Rockaway Lot; 5) $1.5-million subsidy from Parking Fund (20-year bond); 6) $1,065,960 - projected annual revenue, 85% average occupancy; 7) $1,174,740 – annual garage operating & debt service costs, $2,797 per space; and 9) $541,780 – total annual loss, $1,290 per space. Note – cash flows after approximately two to three years, with the exception of lost revenue from the Rockaway Lot. In response to questions, it was indicated the pedestrian walkway, envisioned as a promenade, would extend the BeachWalk design and locating the fire station and library at McKay Field would take up less than half of the field. The City Attorney said a referendum would be required to allow ground level retail in the parking garage. Assistant City Manager Garry Brumback noted the Pelican Walk project on Mandalay Avenue no longer will provide public parking. Ms. Bruch said the staff report’s estimation of use is preliminary, based on current use report, and did not consider a parking garage at Pelican Walk. It was noted a recommendation was received from the Clearwater Beach Association to use the Clearwater Beach Recreation Center property. It was indicated this site is too narrow for a parking garage. In response to a question, it was indicated the cost to add a floor in the parking garage would be incremental. Discussion ensued with recommendations for a taller structure, additional green space and retail uses. Concern was expressed in retaining delivery truck access between businesses that abut the current parking lot. It was felt a promenade would not be a good use of taxpayers’ money. Discussion ensued regarding locating the beach fire station and library at McKay Field, which is lightly used. In response to a question, Mr. Brumback said the Fire Chief had recommended the beach fire station be replaced, possibly with funding from Penny for Pinellas III. All projects must meet Beach by Design requirements for design. Consensus was to delete Option #3 from consideration. In response to a question, Mr. Quillen said constructing a separate fire station and library facility would be less expensive than incorporating those uses into a parking garage. It would not be difficult to incorporate the library into the parking garage, although it would need to comply with FEMA (Federal Emergency Management Authority) elevation requirements. Consensus was to not locate the beach fire station in the parking garage. Finance Director Margie Simmons said if retail uses are included, tax-free bond money could not be used to construct the retail portion of the structure. Ms. Simmons said the City would try to issue 20-year bonds for the project and the City would own the garage afterwards. Concerns were expressed regarding the cost asscoiated with building a parking garage and in committing taxpayer money for something that will be used more by Clearwater nonresidents. It was felt more residents do not come to the beach because of the congestion due to no parking. Concern was expressed in justifying spending money for a garage on north beach when south beach needs are greater. It was indicated the City owns property on north beach. The City Manager said parking demand is not every day of the year. The City Council previously debated parking sites. Beach by Design always anticipated a parking garage would be constructed on the City’s Rockaway property. Discussion ensued regarding the popularity of Clearwater Beach among Tampa Bay residents. The need for public restroom facilities was expressed. Ms. Simmons said a funding source would be necessary to cover beach related expenses if Rockaway parking lot revenues are lost. Comments were made retail use revenues would improve cash flow, visitors would walk farther to the beach if free parking is available, and public transportation may be an option. Discussion ensued regarding the location for a fire station and it was indicated the visibility of a fire station is important. Opposition was expressed to relocating the fire station elsewhere on a temporary basis. Comments were made parking is a subsidized operation in almost all cities and nonresidents paying more in parking fees is not uncommon. Additional information was requested regarding parking needs on south beach. It was felt that public support needs to be determined before the project moves forward. Planning Approve an amendment to the Community Development Code to revise the termination of status of nonconformity provisions and Pass Ordinance #7445-05 on first reading. As tourism is the leading economic industry in Clearwater, City leaders became concerned about the conversion of beach hotel properties to condominiums, thus adversely impacting the tourist industry. Several of these conversions have used the Termination of Status as a nonconformity provisions in the Community Development Code (Section 6-109.B) to reconstruct nonconforming density. On April 21, 2005, the City Council directed the Planning Department to revise this ordinance to deter these conversions. The proposed revision will clarify that the reconstruction of nonconforming density can only occur if there is no change in use. For example, a hotel use could be converted to a new hotel use or a condominium use could be converted to a new condominium use, but a hotel use could not be converted to a new condominium use. The CDB (Community Development Board) reviewed the proposed amendment at its regularly scheduled meeting on May 17, 2005, and voted unanimously to support the amendment. Information was requested regarding the current number of nonconforming units on Clearwater Beach. Economic Development and Housing Director Geri Campos estimated between 400 and 500 hotel units have been or are in the process of being lost. In response to a question, Planning Director Michael Delk said staff will be able to review all applications submitted under the current provision before the deadline. It was stated most large beach properties with more than 100 units already have committed to redevelopment plans. Concerns were expressed the change would lower the value of small commercial beach properties, and most properties impacted by the change have 30 units or less and cannot redevelop without increasing the number of units or parking spaces. It was recommended the City develop incentives and allow increased densities to encourage small hotel development. The history of the current provision was reviewed, and it was remarked the proposed change preserves the right of property owners to rebuild what previously existed. Mr. Delk said staff would review incentives to redevelop small hotels. Concern was expressed regarding the feasibility of some small hotels to redevelop when they have no parking. Concern was also expressed in the rush of applications coming in. An update on the number of approved projects on the beach that have converted from hotel use to condominium use was requested. Adjourn The meeting adjourned at 10:13 a.m.