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02/18/2003 . CITY COMMISSION WORK SESSION CITY OF CLEARWATER February 18, 2003 Present: Brian J. Aungst Whitney Gray Hoyt P. Hamilton William C. Jonson Frank Hibbard Mayor/Commissioner Vice-Mayor/Commissioner Commissioner Commissioner Commissioner Also present: William B. Horne II Garry Brumback Ralph Stone Pamela K. Akin Cynthia E. Goudeau Patricia O. Sullivan City Manager Assistant City Manager Assistant City Manager City Attorney City Clerk Board Reporter The Mayor called the meeting 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 . Three service awards were presented to City employees. Emplovee of the Month William Keller, Fire Department, was presented the January 2003 Employee of the Month award. The Commission recessed from 9:10 to 9:19 a.m. to meet as the CRA (Community Redevelopment Agency) and Pension Trustees. PUR PURCHASING Approval of Purchases per Purchasino Memorandum: 1) Work Order to revise and update master plan on a cosUbenefit analysis and reduction to downstream impacts for $88,042 from Parson Engineering Science, Tampa, Florida, for Alligator Creek Watershed Management Conceptual Plan. (PW) 2) Work Order for engineering, construction and inspection services for $72,710 from Post, Buckley, Schuh & Jernigan, Inc., Tampa, Florida, for Clearwater Beach street improvements to Papaya and Baymont Streets and construction of 2 parking lots at East Shore & Causeway. (PW) 3) Purchase of four (4) Flygt pumps for $62,540 from EK Phelps & Company, Apopka, Florida. (PW/WPC) 4) Purchase of Gas Materials - PE pipe and fittings for $210,000 from MT Deason Company, Inc., Birmingham, Alabama. (GSS) . Commission Work Session 2003-02-18 1 02/18/03 . In response to a question regarding Item #1, City Engineer Mike Quillen said staff is moving forward with the Kapok Tree project. This item will plug in the final design and prioritize projects based on cost benefit analysis. In response to a question regarding Item #2, Public Service Director Gary Johnson said the lots, now used for storage, would be converted to metered parking after Spring Break. FD FIRE Award a contract for the replacement of the Clearwater Mall Fire & Rescue Station No. 49 (02- 0099-FD) to GLE Construction Services, Inc. of Tampa, Florida, in the amount of $1,498,908.40, which is the lowest responsible bid received in accordance with plans and specifications. The Fire Department has established, as components of its Strategic Plan Goals, programs to replace aging facilities and provide consistent, high quality, and affordable service levels across all areas of the City. The Commission-appointed Fire Task Force confirmed the five-year strategic plan, which included a recommendation to replace existing stations, including at the Clearwater Mall site. The replacement of Clearwater Mall itself drove the need to accelerate construction of this station, since the mall developer needed the current Station 49 site for future development phases. An exchange of land was approved and occurred to accommodate the new station and free up the land for future development. The design and engineering of a facility to accommodate existing programs along with potential growth needs for the future has been completed. Work will commence upon award and execution of the contract and is scheduled for completion within 270 calendar days. . The specific breakdown of the bid total: 1) basic construction cost - $1,452,854.70; 2) addendum for landscaping - $24,860; 3) addendum for fencing - $21,193.70. In response to a question, Fire Chief Rowland Herald said staff had met with residents of the abutting mobile home park to answer questions related to noise issues. The site will be fenced with 800 feet of wooden fencing. A copy of the site plan was requested. The project is under budget. FN FINANCE Authorize settlement of the workers' compensation claim of Claimant. Neil Artmann, in its entirety to include medical and indemnity for the sum of $40,000. On 06/22/99, Claimant, a Police Officer for the City of Clearwater, was subduing a subject who was resisting arrest violently causing an injury to the head, neck and arm. The Claimant eventually had neck surgery (cervical fusion and plating). The Claimant had three prior cervical surgeries. The Claimant, as a result of his work related injuries, sustained an 11 % permanent impairment with permanent physical restrictions of sedentary work, and no prolonged sitting or standing. The Claimant is receiving a job connected disability pension. The City of Clearwater's Claims Committee recommends this settlement as being in the best interest of the City of Clearwater, the City of Clearwater's Risk Management Division, and the City's outside counsel, Mark Hungate. . Commission Work Session 2003-02-18 2 02/18/03 . In response to a question, Risk Management Specialist Patti Post said the Claimant's initial surgery was work-related. IT INFORMATION TECHNOLOGY Award a contract to install conduit, fiber optic cable and termination eauipment to Dolphin Communications Services, Inc., St. Petersburg, Florida, for an amount not to exceed $300,000 in accordance with Sec. 2.564(1)(e), Code of Ordinances. High-speed network connectivity between City facilities is becoming increasingly necessary to conduct business and meet expected service levels. Connectivity between facilities in the downtown area currently is achieved by leasing infrastructure from a local telecommunications provider. Annual lease costs exceed $65,000 to maintain connectivity between the City's nine downtown facilities for voice and data requirements. The fiber loop will be installed to connect 1) Municipal Services Building; 2) Police Building; 3) Fire Station 45; 4) City Hall; 5) Harborview Center; 6) Main Library; 7) Gas Administration Building; 8) Graphics Building; and 9) Engineering Field Office. The project will include installation of three (3) 1.25" poly-duct conduits, a 24 count (12 pair) single-mode fiber loop, and all termination and routing equipment at each facility. The new fiber ring will support all voice, data and video needs between the facilities located on the loop. . This project represents the first phase in the development of a private fiber optic network for City operations. Savings from the elimination of leased infrastructure will be used to finance subsequent phases of this project over the next 2-3 years. A formal presentation of proposed financing will be presented later this fiscal year for commission review and approval. The expected construction time is approximately 4 months, including acquisition of all permits and construction, with a tentative cutover date of July 1, 2003. Information Technology Director Dan Mayer reviewed the plan to connect nine major City downtown facilities with fiber optic cable. In the future, extra capacity could be offered as an economic development incentive to developers. As the City could lease the system for approximately 4-1/2 years, concern was expressed the technology will remain sufficient after that time period. Mr. Mayer anticipated the City would be able to use this infrastructure for at least 10 years. In response to a question, he said the fiber optic cable would enhance services the Harborview Center can offer. The $15,000 charge to the Harborview Center will be partially offset by current expenses for DSL (Direct Service Line) Internet access. Mayor Aungst declared he may have a conflict of interest and recused himself. Concern was expressed the security of the fiber optic cable could be breached if the Harborview Center or public is permitted to tie into the network. Mr. Mayor estimated the City would use only 12 of the 24 fiber optic strands to be installed. The extra fibers could be handed off to a provider. Income from outside users is not being considered as justification to install the system. Future expansion will loop to other City facilities. The City is not trying to provide service to households. . Commission Work Session 2003-02-18 3 02/18/03 . In response to a question, he said staff had approached the County to install a joint system. The City Manager said the City and County approach technology issues differently. The proposed fiber optic cable will provide a stronger infrastructure for the City and meet emergency preparedness issues. In the future, staff will propose funding to expand the system further. It was recommended the system not be expanded to meet economic development issues at this time. It was noted that added benefit is not the key component of this project. The cost of increasing the number of strands is negligible. Staff did approach Verizon regarding providing this network. It was stated the City is not trying to compete with private providers. LIB LIBRARY Approve GMP (Quaranteed maximum price) contract amendment with Turner Construction Company, 500 N. Westshore Blvd., Tampa, Florida, for the new Main Library in the amount of $13,400,915 and authorize $200,000 for construction The construction budget for the new Main Library is $14,532,915. The Commission has authorized $13,200,915 of this budget to Turner Construction Company for the following: Construction Budget Turner's Fees Construction Authorization #1 Construction Authorization #2 Construction Authorization #3 Construction Authorization #4 Total Remaining to Authorize (July 12, 2001) (April 18,2002) (July 18, 2002) (September 5, 2002) (January 23. 2003) $14,532,915 ($ 1,560,100) ($ 1,466,426) ($ 2,736,078) ($ 5,024,690) ($ 2.413.621) $ 1,332,000 . Approval of the GMP (guaranteed maximum price) contract will authorize the remaining $1,332,000. All funds remaining to be authorized for construction are from the Clearwater Library Foundation's Main Library Capital Campaign. The Finance Department will confirm receipt of the Foundation's funds prior to Commission approval. Funds for construction of the new Main Library come from the following sources: City of Clearwater (Penny for Pine lias revenue bonds, grant, bequest) Clearwater Library Foundation (Main Library Capital CampaiQn) Total $11,100,915 $ 3.432.000 $14,532,915 Approval of this construction contract will allow the full 90,000 square feet of space to be completed. In response to a question, Library Director John Szabo said this recommendation would leave some spaces empty, for completion at a later date. The City has not yet received all monies pledged by the Clearwater Library Foundation. It was suggested the City use a portion of the Library's furnishings' budget to complete construction of all spaces, with the understanding that the library will be furnished once the foundation's pledges are submitted. It also was suggested the City could loan the project money from retained earnings to complete the structure until the foundation pledges are received. It was felt leaving the building unfinished until the pledges came in did not make sense, as the costs to complete it would increase. . Commission Work Session 2003-02-18 4 02/18/03 . Jim Harper, Clearwater Library Foundation representative, presented a $200,000 check to the City for the Library. It was indicated the Foundation has received many pledges but donors are not ready to give all the money now. It was stated if completion of the library is delayed, restarting the project will be expensive. Opposition was expressed to holding a ribbon cutting ceremony for an incomplete structure. Mr. Harper reported the Foundation has $4-million in pledges for the new Main Library. Indicating current economic times are difficult, he felt comfortable all pledges would be received and committed to remain involved in the campaign until all pledges are received. In response to a question, the City Attorney said the library-related referendum only established the maximum amount of money that could be bonded for the project. Assistant City Manager Garry Brumback reported money could be borrowed from the retained earnings account, which has a cushion in reserve. Mr. Harper said the Foundation will forward donations to the City as they are received. It was requested the City Attorney work with the foundation to provide the City Commission a promise or guarantee, in writing, that the funds would be forwarded to the City, as promised. The Foundation's efforts were applauded. It was felt more discussion is necessary before approving proposals for the City to fund the entire construction project. Concern was expressed these actions would establish a precedent and be a disincentive for library patrons to honor their pledge commitments. It was stated when approving this project, the former City Commission had indicated clearly that areas would be shelled if the Foundation was unable to meet its funding goals. . It was stated this project is constructing the people's library. As proposed, City resources would not be used for a private purpose. It was felt the Foundation will follow through with their commitment. In response to a question, Mr. Harper estimated the Foundation will receive $350,000 annually in contributions over the next three years. He said he would not have participated in the fundraising effort had he realized all pledges were to be collected prior to this point in construction. Concern was expressed about using the City's reserve for this purpose. It was stated some residents think the City should fund the entire project and have refused to donate. Support was expressed for completing all planned areas of the library. It was felt it may have been unrealistic to require the Foundation to raise $5-million in cash within 2 years. In response to a question, Finance Director Margie Simmons said retained earnings are available for this project. The City Manager said the retained earning fund still will have $3-million above its required level. Ms. Simmons suggested Foundation donations be applied to retained earnings or to the Foundation's furnishing account. In addition to construction, the foundation had committed to donating $1.3-million for library furnishings. Concern was expressed the City could not require the foundation to provide a legally enforceable guarantee that it will collect all promised funds. It was suggested if Foundation funds are not available for furnishings that affected rooms be left empty. PW PUBLIC WORKS Award a contract for the Demolition of Commercial Structures - 1700 Overbrook Avenue (02- 0087-EN) to Kloote Contracting, Inc. of Palm Harbor, Florida for the sum of $106,754.70 which is the lowest responsible bid received in accordance with the plans and specifications. . This contract will accomplish the demolition and removal of all structures from the recently acquired property known as the Central Florida Salvage Yard. On April 11, 2002, the City acquired approximately 4 vacant upland acres and about 3.5 acres of tidal marsh adjacent to the Commission Work Session 2003-02-18 5 02/18/03 . Central Florida Salvage Yard. On October 31, 2002, the City acquired approximately 4.2 acres of property, known as Central Florida Salvage Yard. The City anticipates these properties will be utilized during the staging and dewatering process of the Stevenson Creek Estuary Restoration Project and for construction of the proposed Northwest Fire and Rescue Station No. 51. Following completion of these projects, the combined site will be analyzed for use as a park or recreation facility, or for stormwater retention and treatment. The project will start as soon as possible after award and execution of the contract and is scheduled to be completed within 45 calendar days. In response to a question, Assistant Engineering Director AI Carrier said no environmental hot spots, requiring remediation, have been detected on the site. Approve a contract with Gwendoline I. Martin. Trustee to purchase DRUID HEIGHTS, Block C, Lot 1 for $111,000 plus estimated closing expenses of $20, for a total consideration of $111,020. On October 3, 2002, the Commission approved a work order to begin design work to convert the approximately 27 -acre Glen Oaks Golf Course into a stormwater management site. With the exception of three residences, the entire road frontage along the north side of Turner Street between Evergreen and Hillcrest avenues is part of the Glen Oaks property. In July, staff contacted the three owners with an offer to have their respective properties appraised at full market value with the intention of negotiating their purchase. All three owners agreed to have their properties appraised. . The Commission approved purchase contracts with two of the property owners on December 5,2002. Both transactions have closed and the City now owns the two parcels at the northwest corner of South Hillcrest Avenue and Turner Street. The subject parcel, located at the westerly terminus of Turner Street at Evergreen Avenue, is the final property to be acquired for the project. State Certified General Appraiser James M. Davis appraised the subject property and estimated its value to be $111,000 as of January 8, 2003. It was requested staff be cognizant to blanket the neighborhood thoroughly with information . regarding the next meeting related to this issue. The City Manager indicated staff will make sure an announcement is delivered to each household in the area. PLD PLANNING Code Discussion Planning Director Cyndi Tarapani reviewed $129-million in recent projects and described how the Code is working. It was suggested staff improve the length of time it takes to reject or approve a project. Ms. Tarapani said staff is discussing with the development community meaningful ways to implement phased projects. The City Manager said staff is tweaking the process to improve it. In reference to complaints Commissioners have received regarding the approval process, he requested input from the City Commission regarding how aggressive staff needs to be in pursuit of Code goals. It was requested Ms. Tarapani submit comments made by developers at related staff presentations. . It was recommended the process be streamlined to take less time to encourage investment. It was felt staff's approach to the Code needs to make sense. It was stated accomplishing City goals is an important endeavor for staff. Commission Work Session 2003-02-18 6 02/18/03 . Review Annual Reoort of Transfer of Develooment Riahts (TDRs) pursuant to reporting requirements of the Community Development Code. Pursuant to Community Development Code Section 4-1403(H), a record of transfer of development rights must be maintained and reported annually to the City Commission and the Pinellas Planning Council. The City of Clearwater did not receive any requests for the use of transfer of development rights during 2002. Only two transfers have been approved since the new Code was adopted in 1999 and both of those occurred in 1999. In response to a question, Long Range Planning Manager Gina Clayton said staff had not expected any TDR requests during this past year. Developers continue to try to use them. Assistant City Manager Ralph Stone said when the City first drafted the TDR system, it was more liberal and permitted transfers Citywide. The County determined TDRs are limited to a small geographic area and can be used only when a community redevelopment plan is in place. Public Hearinq & First Readinq - Ord 7085-03. Ord 7086-03. and Ord 7087-03 - Approve the Petition for Annexation. Land Use Plan Amendment from County Commercial General (CG) to City Commercial General (CG) and Zoninq Atlas Amendments from County R-4. One. Two and Three Family Residential District. to City C. Commercial District for 1231 Lincoln Avenue (Oakland Heights, Lot 36) ANX2002-11021 . This site is located at 1231 Lincoln Avenue, which is approximately 360 feet south of Jeffords Street and 650 feet east of Missouri Avenue. The subject property is approximately 0.15 acres in area and is currently occupied by an unimproved surface parking lot. The purpose of the annexation is to enable the applicant to use this property to satisfy the parking requirements for the commercial use located to the north and south. A Future Land Use Plan designation of Commercial General (CG) is proposed along with a zoning category of C, Commercial. The Planning Department determined that the proposed annexation is consistent with the following standards specified in the Community Development Code: 1) The proposed annexation will not have an adverse impact on public facilities and their level of service; 2) The proposed annexation is consistent with the City's Comprehensive Plan, the Countywide Plan and the Community Development Code; and 3) The proposed annexation is contiguous to existing municipal boundaries, represents a logical extension of the boundaries and does not create an enclave. This annexation has been reviewed by the PPC (pinellas Planning Council) and Pinellas County staff according to the provisions of Pinellas County Ordinance No. 00-63, Section 7(1-3), and no objections have been raised. The Planning Department determined that the proposed land use plan amendment and rezoning applications are consistent with the following standards specified in the Community Development Code: 1) The proposed land use plan amendment and rezoning application are consistent with the Comprehensive Plan; 2) The potential range of uses and the specific proposed use are compatible with the surrounding area; 3) Sufficient public facilities are available to serve the property; and 4) The applications will not have an adverse impact on the natural environment. . The Community Development Board reviewed this proposed annexation at its regularly scheduled meeting on January 21, 2003 and unanimously recommended approval. Commission Work Session 2003-02-18 7 02/18/03 . In response to a question, staff will report on the zoning of nearby County property between the subject property and mobile home park. In response to a question, Ms. Clayton said there are pockets of commercial general zoning throughout the City and County. Public HearinQ & First Readino - Ord 7088-03 and Ord 7089-03 - Approve a Land Use Plan Amendment from Commercial General (CG) to Residential Hioh (RH). and a ZoninQ Atlas Amendment from C. Commercial District to HDR. HiQh Densitv Residential District for property located at 202 Windward Passaae (Island Estates of Clearwater Unit 5, Block D, a portion of Lot 9 and all of Lots 10-13, together with a portion of Vacated Dory Passage) LUZ2002-11011 This site is located on the north side of Windward Passage, approximately 500 feet north of Memorial Causeway and 920 feet west of Island Way. The subject site is approximately 1.83 acres in area and is currently developed with a high and dry storage marina facility containing 306 berths with eight dock structures used for storing, maintaining and repairing vessels. The applicant is proposing to amend the Future Land Use Plan designation of this property from the Commercial General (CG) category to the Residential High (RH) category and to rezone it from the C, Commercial District to the HDR, High Density Residential District to redevelop the property with multi-family dwellings. The Planning Department determined that the proposed land use plan amendment and rezoning applications are consistent with the following standards specified in the Community Development Code: 1) The proposed land use plan amendment and rezoning application are consistent with the Comprehensive Plan; 2) The potential range of uses and the current use are compatible with the surrounding area; 3) Sufficient public facilities are available to serve the property; and 4) The applications will not have an adverse impact on the natural environment. . In accordance with the Countywide Plan Rules, the land use plan amendment is subject to the approval of the Pinellas Planning Council and the Board of County Commissioners acting as the Countywide Planning Authority. Due to the density of the plan amendment site, review and approval by Florida Department of Community Affairs is required. The Community Development Board reviewed this application at its January 21, 2003 meeting and unanimously recommended approval. In response to a question, Ms. Clayton said the MAB (Marine Advisory Board) had not been requested to review this project, as the board has no control over land uses. The property owner also could raze the facility and construct a hotel or restaurant on the site. Concern was expressed the area is short of shelter space and this project adds density to the coastal high-hazard area. The rezoning of nearby town homes was done to aid with refinancing efforts due to being a non- confirming use. Ms. Clayton said the proposed development of four units is not significant. Project approval by the DCA (Florida Department of Community Affairs) and PPC (Pinellas Planning Council) is still necessary. . Commission Work Session 2003-02-18 8 02/18/03 . CA LEGAL DEPARTMENT Adopt Res. 03.10. consentino to a leasehold mortaaae entered into by PACT. Inc. and Bank of America to finance current construction on Ruth Eckerd Hall The City entered into a Lease and a Facility Use Agreement with PACT, Inc., both dated March 7, 2001. The Lease requires prior City approval of any leasehold mortgage by PACT. The City of Clearwater consented to a leasehold mortgage in the amount of $5,000,000 entered into by PACT, Inc. and Bank of America in April of 2001. PACT, Inc. now desires to secure additional institutional financing in the amount of $8,193,206 for current construction and has secured a commitment from Bank of America. Concern was expressed noise from outdoor concerts affects Del Oro residents. Authorize settlement of City v. Waaenvoord Advertisino GrouP. Inc.. etc.. Case No. 02-9512-CI-15 in an amount not to exceed $310.000 This matter arises from an action filed by the City against Wagenvoord Advertising Group, Inc., dlbla WTAN, Inc., to eject a tower erected by WTAN from City-owned property. The property WT AN is encroaching upon is part of a tract to be used for a construction and maintenance easement by FDOT in the Memorial Causeway Bridge Project. . The parties have reached the following tentative settlement. WT AN will convey all rights it has in all property west of Pierce Boulevard to the City. The City will pay WTAN $250,000 at closing and an additional $50,000 upon taking possession of the property. WT AN will receive site plan approval to relocate its tower to a commercially zoned tract of land located at 704-706 North Myrtle Avenue, Clearwater. WTAN guarantees delivery of possession no later than March 14,2003 (this is expected to dramatically reduce if not eliminate additional construction costs associated with engineering around the tower as well as projected additional costs associated with its continued presence on the WT AN tract near Pierce Boulevard). The parties will exchange mutual releases and the civil action will be dismissed. Authorization is sought to settle this action pursuant to the above terms and to authorize the execution of a settlement agreement and release. The City Attorney hoped to have a signed agreement by Thursday. Assistant City Attorney Dick Hul/ reviewed the agreement. In response to a question, he reviewed legal avenues of recourse should this agreement not be signed. City Manager Verbal Reports The City Manager scheduled an executive session on February 27,2003, at 5:30 p.m. to discuss contract negotiations with the IAFF (International Association of Fire Fighters). The City Manager reported he had attended the funeral for the City Manager of the City of Pinel/as Park. It was questioned whether the City should send an official expression of sympathy to the Pinel/as Park. It was indicated personal cards already had been sent. . The City Manager said Spring Break has arrived, and with it heavy traffic. It was stated a motorist information radio station would have been helpful last weekend, with reports on why traffic Commission Work Session 2003-02-18 9 02/18/03 . had backed up. It was recommended closures of Drew Street at Coachman Park be minimized until construction on the new bridge is completed. It was requested staff improve communications with drivers regarding closed roads. Commission Discussion Items City Representative for Nagano trip Summer 2003 - Vice-Mayor Gray Commissioner Gray reported on the Sister Cities Program. New officers had been elected. A change has been proposed regarding how the City and the organization will work together. It is proposed to transfer some operations to the City's cultural division and appoint an advisory board, to include a school board representative, for monthly meetings. The nominee for president of the program, Dunedin Middle School teacher Richard Wisemiller, has requested a Clearwater representative accompany the Sister Cities' contin~ent to Nagano, Japan this summer to discuss the summer 2004 celebration in Nagano of the 451 anniversary of the program. The cost of the trip is estimated at $1,600. There was discussion regarding the City Commission as a group attending the anniversary celebration. It was recommended the face-to-face meeting with Nagano officials be postponed until next year. It was hoped organizational changes to the program will relieve some of the burden on staff to address last minute issues. Concern was expressed the March visit by Nagano students was planned during Spring Break at local schools. In response to a question, Commissioner Gray stated the ordinance to establish the advisory board probably will be presented for City Commission approval this summer. She will discuss with Mr. Wisemiller, his representing the City's position. . Economic Development discussion Assistant City Manager Ralph Stone recommended a discussion on economic development be scheduled for the end of the March 17,2004 Work Session. Concern was expressed that adequate time be set aside to address the implementation of plans. Other Commission Action Commissioner Jonson said the TBRPC (Tampa Bay Regional Planning Council) is addressing the hurricane shelter issue again. County Commissioner Todd also is working on the issue. Adiourn The meeting adjourned at 12:09 p.m. . Commission Work Session 2003-02-18 10 02/18/03