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08/16/1990 CITY COMMISSION MEETING August 16, 1990 The City Commission of the City of Clearwater met in regular session at City Hall, Thursday, August 16, 1990 at 6:06 p.m., with the following members present: Rita Garvey Mayor/Commissioner Richard Fitzgerald Vice-Mayor/Commissioner Lee Regulski Commissioner William Nunamaker Commissioner Sue A. Berfield Commissioner Also present: Ron H. Rabun City Manager M.A. Galbraith, Jr. City Attorney William C. Baker Public Works Director James Polatty, Jr. Planning and Development Director Mary K. Diana Assistant City Clerk The Mayor called the meeting to order and led the Pledge of Allegiance. The invocation was offered by Rabbi Arthur Baseman, Temple B'Nai Israel. In order to provide continuity for research, the items will be listed in agenda order although not necessarily discussed in that order. III - Service Pin Awards. Two service pins were awarded to City employees. IV - Introductions and Awards - None. V - Presentations - None. VI - Minutes of the Regular Meeting of August 2, 1990. Commissioner Fitzgerald requested the minutes be corrected in Item #11 on Page 3 by changing the word "swamp" to "swap." The Mayor expressed concern regarding maintenance of the park by Post Development not being listed as one of the conditions of approval. Commissioner Fitzgerald moved to approve the minutes of the regular meeting of August 2, 1990, as amended. The motion was duly seconded and carried unanimously. VII - Citizens to be heard re items not on the Agenda. Joyce Greco requested the results of the water quality testing that had been performed on Stevenson's Creek. She inquired as to whether a program had been established for maintenance of the creek. She inquired as to what is planned for the golf course when the Chi Chi Rodriguez lease expires. Ms. Greco expressed concern that City employees may be dumping clippings in the creek. The Mayor requested departments be notified this is not allowed. Steven Beatty of the South Clearwater Citizens for Progressive Action Association invited the public and the Commission to an anti-drug rally to be held on August 18, 1990, at the Ross Norton Recreation Center. He also asked the City to investigate the accumulation of trash at the corner of South Greenwood and Woodlawn Avenues. Edwin Hager requested a review of the City's anchorage ordinance restricting boats from anchoring for more than 72 hours. He said he received a previous response from staff but felt his question was unanswered as his vessel does not qualify as a liveaboard. He submitted a copy of the Attorney General's opinion and requested the Commission review this opinion. VIII - PUBLIC HEARINGS ITEM #9 - Public Hearing & First Reading Ordinance #5014-90 - Amending the Comprehensive Plan as adopted on 11/16/89, including amendments to Future Land Use, Traffic Circulation, Coastal Zone Management, Conservation, Intergovernmental Coordination and Capital Improvements Elements (PLD) The City of Clearwater processes amendments to the Comprehensive Plan in June and December. Submittal to the Florida Department of Community Affairs must occur on or before August 31, 1990, to meet State agency processing deadlines. It is anticipated that minor changes to some of these proposed amendments will occur through coordination with the Department of Community Affairs and through the public hearing process. Gus Schaefer, Florida Power, requested the Commission reconsider the amendment to Policy 1.5.2. as he feels the addition of the word "appropriate" weakens the intent of this policy. He felt it was appropriate to revise the land development regulations to handle the location of utility facilities within the City limits. Mayor Garvey suggested deleting the words "appropriate" and "all." A citizen requested clarification on proposed Amendments #12 and #13. Mr. Polatty responded these amendments relate to the City's actions in flood prone areas. Commissioner Regulski moved to amend Policy 1.5.2 on Page 4 by deleting the words "all" and "appropriate." The motion was duly seconded and carried unanimously. Commissioner Regulski moved to approve the biannual amendments to the City of Clearwater Comprehensive Plan as amended. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5014-90 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5014-90 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #10 - Variance to the separation distance requirements for alcoholic beverage sales for on premise consumption of beer for "Frank & Stein Dogs and Draft" located in Clearwater Mall, Sec. 17-29-16, M&Bs 32.01 & 32.02 (Trizec Properties, Inc. AB90-04)(PLD) This variance is required due to the establishment's close proximity to four 2-COP (beer and wine) establishments located in Clearwater Mall. For the purpose of administering the separation requirement where two or more COP-licensed establishments are located on the same property, the separation has been considered to be zero. There are four existing 2-COP similarly licensed establishments in the mall and two other existing alcoholic beverage establishments (not similarly licensed) within the property boundaries of Clearwater Mall. The proposed establishment is a 1,000 square foot (including the common area) fast food restaurant located in the food court of the mall. The proposed hours of operation are on weekdays from 10:00 a.m. to 9:00 p.m.; Saturdays from 10:00 a.m. to 9:00 p.m. and Sundays from 12:00 noon to 5:00 p.m. The proposed restaurant will have fifty seats with no additional parking capacity required. On July 31, 1990, the Planning and Zoning Board approved the requisite conditional use for this request subject to the following conditions: 1) the City Commission approve a variance to the minimum distance separation requirement of 200 feet to allow alcoholic beverage sales zero feet from a similarly licensed establishment; 2) the applicant shall obtain the requisite building permit within six months of this date; 3) the applicant shall obtain the requisite building permit and certificate of use within six months of this public hearing date; 4) the applicant shall obtain an occupational license within six months of this public hearing; and 5) the package sales of beer is prohibited. The Board members voted 5-1 in favor of approval. The opposing member voted against it because of the possibility of alcoholic sales not being restricted to a certain area in the mall. There are no other variances required for this land use. Commissioner Fitzgerald moved to approve a variance of 200 feet to allow alcoholic beverage sales for consumption on premises within zero feet from a similarly licensed establishment. The motion was duly seconded and carried unanimously. ITEM #11 - (Continued from 7/19/90) Declare surplus portion of former Railroad ROW lying between Blk 4 & Blk 8 of Wallace Addn. to Clearwater; Wallace Addn. to Clearwater, Blk 3 and Marshall & Brandon's Sub. of Wallace's Sub., Blk 7; Wallace Addn. to Clearwater, Blk 4 and Mrs. N.E. McMullen's Sub. (0.98 acres mol) for purpose of exchanging for Magnolia Park Sub., Blk 7, Lots 4-6, parts of Lots 11 & 12 (Dimmitt) (CM) The public hearing scheduled for July 19, 1990, to enable the City Commission to discuss the proposal to exchange land the City owns adjacent to South Fort Harrison Avenue, south of Turner Street for property owned by Lawrence Dimmitt, which is located on Pierce Street adjacent to the Main Fire Station was continued due to the principals being out of the country. As one of the principals is still out of the country, it was not possible to complete the necessary documents for City Commission review. Therefore, it is recommended the public hearing be cancelled and re-advertised for consideration at a future meeting. Commissioner Regulski moved to table this item. The motion was duly seconded and carried unanimously. ITEM #12 - Amendment to Final Statement - 15th year Community Development Block Grant (CDBG) program to fund a paint program for businesses in the North Greenwood Neighborhood Commercial District, $5,000 (PLD) Use of CDBG funds for economic development in North and South Greenwood neighborhoods is currently limited to loans and program administration by the Clearwater Neighborhood Housing Services. Based on information received at two economic development forums held in the neighborhood, staff is recommending a modification of the economic development program. This modification would provide limited "mini-grants" to businesses in the North Greenwood Commercial District to buy paint for building exteriors, consistent with the colors and design motif in the North Greenwood Commercial District General Development Plan prepared in 1988. Grants for paint and related supplies (such as caulk, brushes, rental of pressure cleaners) would be administered by Neighborhood Housing Services on a reimbursement basis, up to a maximum of $350.00 per business. The proposed amendment will reallocate $5,000 from the Economic Development Program. This loan program is currently underutilized. An amount of $45,000 will remain in this category. Commissioner Fitzgerald moved to approve the amendment to the Community Development Block Grant Program. The motion was duly seconded and carried unanimously. Public Hearing - Second Reading Ordinances ITEM #13 - Ordinance #5007-90 - Vacating portion of drainage and utility easement, Northwood Estates Sub., Tract C, Blk D, Lot 3 (Farrell V90-7) The City Attorney presented Ordinance #5007-90 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5007-90 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. CITY MANAGER REPORTS IX - CONSENT AGENDA (Items #14-28) - Approved as submitted. Agreements - Approved. ITEM #14 - Renewal of lease agreement for marina rooms 4, 31 & 32 to American Yacht Corp. d/b/a Harbour Yacht Sales from 10/1/90-9/30/95 for $35,100.00 (MR) ITEM #15 - Agreement with the School Board of Pinellas County regarding Improvements to Countryside High School Practice Fields at a cost of $79,000.00 (PR) ITEM #16 - Acquisition of Right-of-Way for improving Greenwood Ave. and Court St. intersection located at the NE corner of Greenwood Ave. and Brownell St., Moase & Harrison's Sub., Blk 1, part of Lots 2 & 3 from Edward J. Henry and Vivian Henry at a cost of $10,000.00 (PW) ITEM #17 - Interruptible Gas Sales Contract for purchase of Spot Market Natural Gas with Coastal Gas Marketing Company, Houston, TX, cost to be determined (PW) Bids & Contracts - Awarded. ITEM #18 - Contract extension with Maire Company, Clearwater, FL from 10/1/90 to 9/30/91 for burglar and fire alarm service and monitoring for $16,650.00 (GS) ITEM #19 - Contract for Light Poles for lighting projects at Countryside High School practice fields, U.S. 19 soccer fields and miscellaneous projects to Koppers Industries, Gainesville, FL for $15,730.00 (PR) ITEM #20 - Contract for Light Fixtures for lighting projects at Countryside High School practice fields, U.S. 19 soccer fields and Coachman Ridge Park to Superior Lighting and Electric, Ft. Lauderdale, FL for $22,960.00 (PR) ITEM #21 - Contract for Dance Band Services to Paul Spagnuolo Band during the period 10/1/90-9/30/91 for $19,380.00 (PR) ITEM #22 - Contract extension with Polypure, Inc., Parsippany, NJ to provide polymers for period 10/1/90-9/30/91 for an estimated cost of $72,000.00 (PW) ITEM #23 - Contract extension with Envirolab Inc. for commercial laboratory analyses for period 10/1/90-9/30/91 for an estimated cost of $15,000.00 (PW) Citizens & Staff Requests - Approved. ITEM #24 - Waive city costs associated with Jazz Holiday to be held from 10/18-22/90 and authorize the Clearwater Jazz Holiday Foundation, Inc. to approve all concessionaires and vendors for the event; last year's cost was $22,303 (PR) Change Orders - Approved. ITEM #25 - C.O.#5 for the Marshall Street Advanced Pollution Control Facility Project increasing the contract amount by $42,931.00 for a new total of $16,896,059.00 (PW) Plans & Plats - Approved. ITEM #26 - Preliminary Site Plan for the City's Sanitation Complex, Pinellas Groves Sub., part of Lots 6, 7, & 8 in Sec. 12-29-15 and part of Lots 25 & 26 in Sec. 1-29-15, 9.99 acres m.o.l. (PSP90-14)(PLD) - Authorize review of a final site plan with final action by the Development Review Committee (D.R.C.) subject to the following conditions: 1) the applicant shall obtain variance approval to the required setbacks prior to D.R.C. review of the site plan; and 2) signs and fencing/walls are subject to separate review and permitting processes. CITY ATTORNEY Agreements, Deeds & Easements - Accepted. ITEM #27 - Warranty deed - N 10' and W 20', Florida Convalescent Centers Sub., Lot C (The Reserve Partnership) ITEM #28 - Water main and ingress/egress easement - Section 18-29-16 (Greek Orthodox Church of the Holy Trinity) Commissioner Regulski moved to approve the Consent Agenda as submitted and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. X - OTHER ITEMS ON CITY MANAGER REPORT ITEM #29 - Commission Policy CC-64 concerning the Concurrency Management System (PLD) The Concurrency Management System serves as a guide to both the public and those implementing City concurrency regulations. The system basically summarizes three of the four concurrency ordinances: 1) Concurrency Management System; 2) Vested Development Rights; and 3) Traffic Impact Study. The fourth ordinance (Development Agreements) is not anticipated to have day-to-day application for the review and permitting staff. The Concurrency Management System will have to be updated occasionally. Staff proposes to allow the City Manager to administratively approve any needed revisions. At the Commission's annual policy review, the staff will present the administrative changes to the Commission. Commissioner Regulski moved to adopt Commission Policy CC-64 concerning the Concurrency Management System and authorize City Manager to make appropriate administrative changes. The motion was duly seconded and carried unanimously. ITEM #30 - Clearwater Municipal Marina 5% Slip Rent increase for Private Pleasure Craft, Commercial Party Boats and Commercial Charter Boats (MR) On November 1, 1989, the Commission approved a 3% slip rental increase for private pleasure craft, commercial party boats and commercial charter boats. Daily transient slip rent was increased from 60 cents per foot per day to 70 cents per foot per day. A weekly transient rate of 60 cents per foot per day and monthly transient rate of 50 cents per foot per day was established. The Commission also established a 15% surcharge for non-resident private and commercial slip tenants. A Marine Department Slip Rent Survey of various marinas was taken in July, 1990, for the comparison of slip rental rates. This survey includes common factors such as location, size, number of boat slips, utilities provided, 24 hour security and other similar amenities. Staff recommends a 5% slip rate increase be approved for fiscal year 1990/91 for all permanent private and commercial tenants. Staff also feels that an increase in transient rates is not recommended at this time and may create a negative impact. Actual slip rent revenue for F/Y 87/88, was $341,947 with $110,079 collected from transient boaters. For F/Y 88/89, the total was $355,307 with $88,128 collected from transient boaters. As of June 30, 1990, slip rent revenue is $303,821 with $75,563 collected from transient boaters. Transient slip revenue is approximately $3,503.00 over last year's transient revenue for the same time period. If approved, effective October 1, 1990, the 5% slip rental increase will be as follows: Private Pleasure Craft: Residents - $3.04 to $3.20 per foot per month ($.16 increase) Non Residents - $3.50 to $3.69 per foot per month ($.19 increase) Commercial Party Boats: Residents - $237.00 to $249.00 per month ($12.00 increase) Non Residents - $273./00 to 287.00 per month ($14.00 increase) Commercial Charter Boats: Residents - $150.00 to $157.00 per month ($7.50 increase) Non Residents - $173.00 to $182.00 per month ($9.00 increase) Adoption of this proposed increase will provide an additional estimated $20,000.00 in slip rent revenue. All slip rent is subject to 7% state sales tax. On January 16, 1990, the City Commission adopted Policy Statement CC-37 which allows for an increase in slip rental rates based on the Consumer Price Index. The C.P.I. from March 1989, to March 1990, was 5.3%. Policy to increase rates for private tenants with boats docked in oversize slips will continue to increase 5% each year until 100% of the slip rate is reached. In FY 90/91, the rate will reach 95%. The 5% slip rental increase will be effective as of October 1, 1990. Concern was expressed regarding raising the rates simply because the market is up as it gives others an opportunity to do the same. It was felt using the gas station site for additional parking would be an enhancement. Harbormaster Bill Held stated the requested increase is in keeping with Commission policy and will only amount to $4.80 a month more on a 30 foot slip. He felt a small increase each year would be better than a large increase every other year or so. The additional monies can be used to improve the marina building and promote the businesses in the marina building. Discussion ensued in regard to the need for signage to identify the marina and businesses inside. Commissioner Regulski moved to approve a municipal marina 5% slip rent increase and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #31 - First Reading Ordinance #5015-90 - Amending Sec. 50.05, Code of Ordinances, to establish service charges for alternate methods of installing backflow prevention devices (PW) Since the Water Division began installing backflow prevention devices earlier this year, several complaints have been received about the aesthetic appearance of the devices in residential areas. Double-check valve devices are required on all irrigation systems, including those for single-family homes. These devices are normally installed above ground. In response to these complaints, the Water Division was directed to explore alternative installation methods to improve the aesthetics of these installations. At the work session on June 18, 1990, the Commission was shown two alternative methods for installing 3/4" and 1" double-check backflow prevention devices. The first method involves installation of an above-ground fiberglass box that would be installed over the device. Although still above ground, the box hides the device and fittings and is painted green to blend in with surrounding lawns and shrubs. The second alternative method allows for below-ground installation in a large box or vault. This box would be in addition to the meter box that contains the customer's water meter. Affected customers still have the option of paying the original fee for required 3/4" and 1" double-check valve backflow prevention devices, which would be installed above-ground and without a box. All devices installed above ground will be painted green. Because of the nature of the operation of reduced-pressure principle backflow devices, they must be installed above ground. Consequently, no alternative installation methods are proposed for those devices. They are rarely installed in residential areas. Assistant City Manager, Charles Hunsicker, stated the backflow prevention devices protect the drinking water supply from contaminants. In response to a question, he indicated the above-ground fiberglass covers can be secured by bolting to pipes and plumbing and could be included in the design. Commissioner Nunamaker moved to approve the establishment of service charges for alternative methods of installing backflow prevention devices. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5015-90 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5015-90 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #32 - Gas System Evaluation (CM) At the August, 1989 Commission Goal Setting, the Commission directed staff to solicit proposals for possible sale of the gas system. After the initial screening process, a formal Request for Proposal (RFP) was prepared and mailed out to the pre-qualified list of bidders. On May 29, 1990, six bids were submitted with prices ranging from $7.7 million to $13.2 million. The six bids were ranked according to non-economic considerations to arrive at a five-company short list for subsequent economic analysis. A second part of the RFP process also allowed bidders to submit a revised dollar bid. Four out of five bidders submitted increased final bids ranging from $11.1 million to $14.1 million. An alternate bid, though unsolicited, was submitted by Ahmen Associates/Equitable Resource for $15 million, contingent upon approval of the Florida Public Service Commission. As a contingency existed, the City did not accept this alternate higher bid, upon the recommendation of R.W. Beck & Associates. The economic and non-economic review has been conducted by staff and outside consultant, R.W. Beck and Associates, a firm which possesses special expertise in utility matters. Absent recognition of Equitable's contingent bid and based upon the revised bids received by the City, the following table provides the final ranking of the Preferred Respondents: Preferred Respondent Bid Amount 1. Peoples $14,100,000 2. West Florida 13,750,000 3. Equitable 13,500,000 4. National 12,000,000 5. City Gas 11,100,000 Two options presented are: Option 1) approve ranking of the preferred respondents and authorize staff to conduct a formal appraisal of the system and enter into sales negotiations with the selected respondent or Option 2) close the RFP process and keep the system in-house. Ted Szymankiewicz, R.W. Beck & Associates, discussed the evaluation and selection process specified in the RFP. He stated a committee was established including City staff to review and rank the proposals to determine the five respondents with the highest weighted scores. After going through various phases of the evaluation and ranking process, the committee ranked Peoples Gas the top preferred respondent. Dan Diegnan, Finance Director, discussed the benefits that would be provided to the City under the assumption the City keeps and continues to operate the gas system and the benefits that would be provided under the assumption the City sells the gas system investing the money from the sales. Bob Brumback, Assistant Public Works Director, stated the City's gas system has been criticized for poor performance and poor marketing. He felt performance in the Florida market has been good and he said the sales staff has set up a free water heater program to encourage gas usage. Mr. Brumback said over the past five years the City has averaged about 433 new customers per year and the profitability over this period has been in excess of 20 percent return on equity. He indicated Clearwater's customer growth has been approximately 50 percent higher than the average investor owned utility in Florida with its gas sales growth 100 percent higher. He said the rates need to be restructured as the City is not competitive in large commercial accounts. He indicated staff would like the opportunity to improve the performance and profitability of the gas system indicating the need for a revised rate structure, staff augmentations in the budget and an intense marketing program. Bill Baker, Public Works Director, highlighted on current gas marketing programs which included burner leasing, free water heater programs, five-year conversion plan, red tag sales, television commercials, newspaper ads, high school year books, mailings, Chambers of Commerce memberships, door hanger advertisement, etc. He said there is a residential gas air conditioning system being tested which he felt would provide a better economy for the customer. Mr. Baker said the gas system is now under Public Works with this reorganization having been done at the same time the gas RFP went out and he felt they have not had an opportunity to improve on past performance. In response to a question as to the City Manager's recommendation, he stated staff has attempted to bring all the alternatives before the City Commission. He said the figures indicated that money would be lost if the system was sold. Discussion ensued in regard to the amount of time and money spent on the evaluation and it was felt it revealed deficiencies in the operation of the gas system. It was determined poor management was a problem. It was felt a general manager, qualified to implement merchandising and public relations programs, who would report directly to the City Manager and then to the Commission was needed. It was felt the gas system could be a bonanza for the City if effectively managed and that it was currently in a profitable mode. Concern was expressed regarding People's Gas proposal guaranteeing the current rate for a certain length of time and at the same time going to the PSC for an 18 percent rate increase. Discussion ensued in regard to separate liability coverage as it was felt the gas system could be the City's largest potential for loss and it was suggested that staff investigate an outside company for this type of protection. Staff was complimented on their report of the gas system and it was felt this was not the time to sell but to look at management. Commissioner Fitzgerald moved that the City Manager be tasked to come up with recommendations for the management of the company. The motion was duly seconded. A question was raised, if there was a need for an immediate increase in staff during peak demands, could the City Manager bring this to the Commission for consideration. It was indicated the above motion provided for this if necessary. Commissioner Regulski moved to amend the above motion to include that the Gas Division not be sold that it be managed in accordance with the base motion. The motion was duly seconded and carried unanimously. Max Ahmen, Equitable, felt the Commission did not have all the necessary facts and figures; however, it was indicated the Commission was comfortable with the figures presented by staff and with their decision not to sell. The meeting recessed from 7:35 p.m. to 7:50 p.m. ITEM #33 - Agreement Extension for Professional Engineering Services - Stevenson Creek Improvements - Phases II, III, & IV with W. K. Daugherty & Associates in an amount not to exceed $375,713.00 (PW) An agreement with W.K. Daugherty and Associates was approved October 17, 1988 for design services for Stevenson Creek Improvements. That contract anticipated the phasing of the work and allowed for extensions as the phases might be approved by the Commission. The project was on schedule and a contractor was awaiting contract execution for Phase I when a challenge was filed under Florida statutes relating to D.E.R. permits. Our contractor recently notified us that he could no longer, excepting as we would pay damages, stand by while the permit matter was pursued, and was released to perform work for other parties. While the permit challenge has delayed the project several months, the City can, by immediately preparing plans and specifications for Phase II, rebid the project including the Phase I and Phase II work together, and actually finish the combined Phase I and Phase II work on schedule. Approval of this item will allow the City to have W.K. Daugherty Consulting Engineers, Inc. complete the plans and specifications for Phases II, III and IV while awaiting the outcome of the Phase I permit challenge. It is recommended that the City's Engineer of Record, Camp Dresser & McKee (CDM) provide oversight/management of the Stevenson Creek project, including: 1) peer review of design documents prepared by W.K. Daugherty, 2) management of project environmental permitting and monitoring, 3) review of all technical elements of the project and 4) coordination of all public information activities. This coordinated effort will assure that the City has done its utmost to achieve a successful project without duplication of effort by either consultant. Upon completion of this work and the obtainment of D.E.R. permits covering Phases II, III, and IV under a single application, construction bids for a combined Phase I and Phase II project can be advertised. Assuming that the City will be successful in prevailing in the Phase I permit challenge and will likewise obtain a permit for Phases II, III and IV, it is conceivable that our overall project can remain on schedule. Due to the complexities and time periods involved with obtaining regulatory permits and necessary easements, the engineering design services should begin immediately on the remaining phases of Stevenson Creek. An early start of design services will also cause the start of construction at the earliest possible date consistent with the availability of future funding sources. The period of the proposed engineering inspection services in this amendment is expected to extend over the next three years to complete construction of all phases of work. The unit hourly staff charges for W.K. Daugherty and Associates include an approximate 5% annual increase for this three-year period. Members of the Public Works staff have examined the proposed modification to the agreement and find the estimate of work and unit prices to be fair and reasonable and consistent with the work already performed in Phase I. The modification to the original agreement for engineering services to be provided by W.K. Daugherty consists of the following basic elements: 1. The consultant will prepare plans, specifications and contract documents necessary to construct the facilities in Phases II, III and IV. 2. The consultant will be compensated on a time and rate schedule and with a not-to-exceed limitation as follows: a. Professional services for design, preparation of contract specifications and documents ready for bid. $ 208,024.00 b. Observation of construction services 116,839.00 c. Reimbursable travel and out-of-pocket expense 2,500.00 d. Additional surveys, geotechnical engineering and data collection 48,350.00 Total Additional Services for Phases II, III and IV. $ 375,713.00 3. The estimated construction costs for each Phase is as follows: Phase I $1,200,000.00 Phase II 1,067,000.00 Phase III 1,267,000.00 Phase IV 900,000.00 SUBTOTAL $4,434,000.00 Engineering Design and Permitting 580,721.00 Land Purchase 180,000.00 GRAND TOTAL $5,194,721.00 W.K. Daugherty is prepared to proceed with the next phases of this work immediately upon approval by the City. Funds for this work will come from a combination of previously budgeted funds and proceeds from the "Penny for Pinellas" one-cent sales tax. The available balance in this project is sufficient to provide funds for this contract. The Public Works Director stated the cost benefit ratios did not warrant losing time on moving forward with portions that were not affected by the litigation. He said there is a lot of work to be done in the areas of the bridge crossings and roadways that have nothing to do with hardlining. In response to a question, Assistant City Manager Charles Hunsicker stated the public will be brought into the process and the purpose of the project is to solve flooding problems. The golf course which borders Stevenson Creek gives the City an opportunity to alter properties to incorporate environmental improvements for Stevenson's Creek similar to Sawgrass Lake. In response to a question, he stated hardlining can not be eliminated in certain areas, but will be minimized. Mr. Baker stated the amount of wetland habitat will be more than satisfied by the proposed project. In response to a question, he stated that in order to eliminate all hardlining, an additional 20 acres over and above the golf course would be needed. He indicated approximately 44 acres with an 8 foot depth would be required to handle a 25 year rain if all hardlining was eliminated. Discussion ensued regarding how extensive the use of the Glen Oaks Golf Course should be for handling retention if there is a need for additional land, addressing water quality as well as water quantity and concern that the golf course not be totally destroyed. Mr. Baker stated they will look at the possibility of obtaining additional acreage in the area of the golf course. The City Manager stated they will not proceed in this matter without Commission approval. It was requested staff review the process as it proceeds so problems can be identified and dealt with. Mr. Hunsicker stated the Chapter 120 hearing has been set for December 11th, 12th and 13th at the East Library. Commissioner Regulski moved to approve the extension of the agreement with W.K. Daugherty and Associates and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. XI - Other Pending Matters - none. CITY ATTORNEY REPORTS XII - Resolutions ITEM #34 - Resolution #90-36 - Urging Congress of the United States to revise the Cable Communications Policy Act of 1984 to open the industry to more competition in the market place. The City Attorney presented Resolution #90-36 and read it by title only. Commissioner Regulski moved to pass and adopt Resolution #90-36. The motion was duly seconded, and upon roll call the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #35 - Resolution #90-37 - Establishing a dispute resolution process relating to the reclaimed water system project. The City Attorney presented Resolution #90-37 and read it by title only. Commissioner Regulski moved to pass and adopt Resolution #90-37. The motion was duly seconded, upon roll call the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. XIII - Other City Attorney Items. The City Attorney said he will be proposing amendments to the boat ordinance. He advised limiting the 72-hour anchorage provision to consecutive rather than cumulative hours. He indicated he was aware of the attorney general's opinion regarding the ordinance. XIV - City Manager Verbal Reports. The City Manager reported on a press release requesting residents to conserve water from August 19th through August 31th. During this period, the West Coast Regional Water Supply Authority will shut down its Cypress Creek transmission main for inspection. XV - Other Commission Action - None. ITEM #36 - Salary adjustment for City Attorney. A performance review for the City Attorney was done at the August 13, 1990 work session. The City Attorney's performance was considered to be above average and it was indicated he had responded to the recommendations and criticisms made during last year's review. Commissioner Regulski moved to approve a salary increase to $72,500 for the City Attorney reflecting an approximate 4.2% merit increase and a 2.0% CPI increase for a total salary adjustment of approximately 6.22% for the City Attorney. The motion was duly seconded and carried unanimously. XVI - Adjournment. The meeting adjourned at 9:04 p.m.