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03/17/1994 CITY COMMISSION MEETING March 17, 1994 The City Commission of the City of Clearwater met in regular session at City Hall, Thursday, March 17, 1994 at 6:00 p.m., with the following members present: Rita Garvey Mayor/Commissioner Arthur X. Deegan, II Vice-Mayor/Commissioner Richard Fitzgerald Commissioner Sue A. Berfield Commissioner Fred A. Thomas Commissioner Also present: Elizabeth M. Deptula Interim City Manager Kathy S. Rice Deputy City Manager William C. Baker Acting Assistant City Manager M.A. Galbraith, Jr. City Attorney Peter J. Yauch Acting Public Works Director Scott Shuford Central Permitting Director Cynthia E. Goudeau City Clerk The Mayor called the meeting to order and led the Pledge of Allegiance. The invocation was offered by Pastor Sue Gamelin of St. Paul's Luthern Church. In order to provide continuity for research, the items will be listed in agenda order although not necessarily discussed in that order. ITEM #3 - Service Awards Two service awards were presented to City employees. ITEM #4 - Introductions and Awards - None. ITEM #5 - Presentations - None. ITEM #6 - Approval of Minutes Mayor Garvey requested the minutes be continued as she had not had the chance to read them. Commissioner Berfield moved to continue approval of the minutes of the regular meetings of January 18, 1994 and January 20, 1994 and the special meeting of February 7, 1994, to April 4, 1994. The motion was duly seconded and carried unanimously. ITEM #7 - Citizens to be heard re items not on the Agenda Jay Elliott questioned when he would receive a response to his February 3rd sworn written testimony. Mayor Garvey indicated she was working on a response. Jay Keyes indicated he still supported the idea of an entertainment/conference center. He suggested the submerged land adjacent to "Bird Island" be considered. He stated it would be an attraction unequaled on the west coast and all parking could be on the mainland. ITEM #8 - Presentation: Drew Street Status Report William Baker, Acting Assistant City Manager, indicated when the Drew Street project was last discussed, staff was left in a quandary regarding the preferred alternative as it was apparent that due to economics, the one way pair would be a part of that alternative. He stated staff went back to Florida Department of Transportation (FDOT) and came up with a plan to have the terminus of the project at Highland Avenue. Mahshid Arasteh, representing the FDOT, stated at the last presentation in November of 1993, questions were asked regarding the effect of a new Memorial Causeway Bridge study on the proposed one way pair. She stated a report was prepared and presented to the Federal Highway Commission with a change of the terminus of the Drew Street project to Highland Avenue. She stated this change has been accepted and does effect the schedule and PD&E studies will have to be reworked. Jim Kennedy of Post, Buckley, Schuh & Jernigan, the City's engineering consultants on this project, stated the one way pair option is now gone. He stated the reports will be revised in the next four months. A public hearing will be held in August. The study will be finished and location design approval will be requested in November. In response to a question from the Mayor, Mr. Kennedy indicated they could return to the Commission before or after the public hearing, whichever was the Commission's desire. Commissioner Thomas asked how the Drew Street widening project could be fast tracked. Mr. Kennedy indicated the project was proceeding about as quickly as it could. He stated the money from FDOT for right of way acquisition would not be in their budget until 1998. There would be no need to fast track the construction. Mr. Baker indicated the plans and specifications could be ready to go in case the monies were moved up in order to obtain the right of way more quickly. The Mayor questioned what would be accomplished by only widening to Highland Avenue as she felt the majority of the congestion was in the downtown area. Mr. Baker indicated that was not the case and the east end of the project is where the major traffic problems are located. He said this does not mean that the western end of Drew Street would go unattended but it would wait for the bridge study. Commissioner Deegan disagreed that all the problems were on the east end. He stated the City now has a bottleneck west of Osceola Avenue due to Drew Street being made one lane from that point on. He stated this would create a bottleneck at Highland Avenue if the west end were not addressed in the bridge study. Mr. Baker indicated widening of Drew Street would not stop at that point, it would just be the terminating point of this part of the project. Commissioner Thomas questioned if money saved by splitting the issue could result in the acquisition of the right of way earlier than 1997. Ms. Arasteh stated that most of the right of way acquisitions were in the eastern part and there would not be that much money saved. It was the consensus of the Commission that the FDOT and Post, Buckley, Schuh & Jernigan would hold the public hearing prior to coming back to the Commission regarding the recommended location design. Mayor Garvey questioned how they would know the impact on businesses and homes if there has been no preliminary engineering. Commissioner Berfield indicated it was not a discovery that widening would impact these individuals. Commissioner Thomas moved to approve the strategy presented of terminating the current Drew Street widening project at Highland Avenue. The motion was duly seconded. Commissioner Fitzgerald questioned when the remainder of Drew Street would be addressed. Mr. Baker indicated staff was currently in the process of engaging a consultant for a feasibility study for the bridge. A PD&E study of the bridge would address the downtown end of Drew Street. Commissioner Fitzgerald questioned if it was a given that Drew Street would be a location of the bridge access. Mr. Baker indicated even if it is not a part of the alignment of the bridge, it will be effected by the bridge. Mr. Baker indicated the questions regarding the western portion of Drew Street will be answered by the time the right of way monies for the east half are available. The Mayor questioned why Highland Avenue was chosen as the terminus. Peter Yauch, Traffic Engineer, indicated it was the most logical place as it was a major intersection along the corridor. Commissioner Deegan questioned if the monies available were appropriate for the PD&E study. Mr. Baker reviewed the history of the project stating the Commission decided to spend up to $4 million in order to get the Drew Street widening started. He stated the PD&E study costs between $700,000 to $800,000 and tonight's action will allow the plans and specifications to be developed at a cost of approximately $ 1/2 million. He stated at that point the Commission could decide to designate some of the funds toward the right of way acquisition. Commissioner Deegan stated he presumed some of the left over funds were to carry over to the new Memorial Causeway Bridge PD&E study which will include the western portion of Drew Street and he understood this to be a purpose of the motion. Commissioner Thomas stated it was his opinion that once this PD&E study was done, it should not be real expensive for the next step. Mr. Kennedy indicated the PD&E study is a process which a project must to through and the cost is a function of the length of the study and the dollars would not be effected much. He stated the PD&E study is a long difficult process. The City Clerk restated the motion to be, approve the strategy presented to terminate the current Drew Street widening project at Highland Avenue and that the western portion of Drew Street will be addressed as a part of the new Memorial Causeway Bridge PD&E study. Upon the vote being taken on the motion, it carried unanimously. PUBLIC HEARINGS ITEM #9 - Public Hearing & First Reading Ord. #5536-94 - Amending Sec. 42.26, to establish maintenance standards for fences and walls (CP) Commissioner Deegan moved to continue this item to April 7, 1994. The motion was duly seconded and carried unanimously. Public Hearing - Second Reading Ordinances ITEM #10 - Ord. #5545-94 - Annexation for property located at 3001 Sunset Point Rd., Sec. 4-29-16, M&B 23.03, 0.63 acres m.o.l. (Roetzer, A93-30) The City Attorney presented Ordinance #5545-94 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5545-94 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey. "Nays": None. ITEM #11 - Ord. #5546-94 - Land Use Plan Amendment to Residential Urban for property located at 3001 Sunset Point Rd., Sec. 4-29-16, M&B 23.03, 0.63 acres m.o.l. (Roetzer, LUP93-41) The City Attorney presented Ordinance #5546-94 for second reading and read it by title only. Commissioner Thomas moved to pass and adopt Ordinance #5546-94 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey. "Nays": None. ITEM #12 - Ord. #5547-94 - RS-6 Zoning for property located at 3001 Sunset Point Rd., Sec. 4-29-16, M&B 23.03, 0.63 acres m.o.l. (Roetzer, A93-30) The City Attorney presented Ordinance #5547-94 for second reading and read it by title only. Commissioner Deegan moved to pass and adopt Ordinance #5547-94 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey. "Nays": None. ITEM #13 - Ord. #5548-94 - Annexation for property located at 2991 Gulf to Bay Blvd., William Brown's Bayview, part of Lots 1 & 2, and Lot 18 less portion previously annexed, consisting of approx. the north 278' of subject property, 2.66 acres m.o.l. (Wilder Corporation of Delaware, A93-29) The City Attorney presented Ordinance #5548-94 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5548-94 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey. "Nays": None. ITEM #14 - Ord. #5549-94 - Land Use Plan Amendment to Residential Low Medium for property located at 2991 Gulf to Bay Blvd., William Brown's Bayview, part of Lots 1 & 2, and Lot 18 less portion previously annexed, consisting of approx. the north 278' of subject property, 2.66 acres m.o.l. (Wilder Corporation of Delaware, LUP93-42) The City Attorney presented Ordinance #5549-94 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5549-94 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey. "Nays": None. ITEM #15 - Ord. #5550-94 - RMH Zoning for property located at 2991 Gulf to Bay Blvd., William Brown's Bayview, part of Lots 1 & 2, and Lot 18 less portion previously annexed, consisting of approx. the north 278' of subject property, 2.66 acres m.o.l. (Wilder Corporation of Delaware, A93-29) The City Attorney presented Ordinance #5550-94 for second reading and read it by title only. Commissioner Thomas moved to pass and adopt Ordinance #5550-94 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey. "Nays": None. ITEM #16 - Ord. #5551-94 - Amending Sec. 40.367 to delete certain setback and building separation requirements in the Beach Commercial zoning district (LDCA94-04) (CP) Commissioner Thomas moved to continue this item to April 7, 1994. The motion was duly seconded and carried unanimously. ITEM #17 - Ord. #5552-94 - First Quarter Budget Amendment - operating The City Attorney presented Ordinance #5552-94 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #5552-94 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey. "Nays": None. ITEM #18 - Ord. #5553-94 - First Quarter Budget Amendment - CIP The City Attorney presented Ordinance #5553-94 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5553-94 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey. "Nays": None. ITEM #18a - (Cont. from 3/3/94) Ord. #5325-93 - Establish reclaimed water rates and define "irrigation area" Tom Burke, Camp Dresser & Mckee (CDM), the City's consulting engineer, stated they have prepared three estimates on which to base the rate for reclaimed water. These calculations are based on: 1) total area; 2) pervious area: and 3) irrigated area. He stated the power costs have been recalculated based on the input from the facilities regarding their actual water usage. It is the recommendation to charge the rate based on pervious area, which would be $13.77 per pervious acre, per month. Commissioner Deegan questioned why the recommendation is to base the charge on pervious area. Mr. Burke indicated that the irrigation patterns can be changed on the property. Commissioner Deegan questioned if the City has been providing this water for some time, if the City had actual operating costs to provide this water. Mr. Baker indicated that while the City can indicate how much electricity is being used, it can not say how much is being used for a particular pump. Commissioner Deegan questioned why the City would not meter the water. Mr. Burke indicated it would increase operating costs by $5,000 to $10,000. Mr. Baker stated the City would not have the history to know what to charge and would have to go into an accounting and tracking system to establish the charge. Commissioner Deegan suggested the charge could be estimated for the first year. Mr. Baker agreed as long as $70,000 was recouped. Commissioner Thomas questioned if there were other customers capable of hooking in to the system. Mr. Baker indicated there were. Commissioner Deegan questioned if there was a way of reducing the costs by allowing the facilities to use their meters. Mr. Baker indicated the City would want them to use City meters. Commissioner Deegan questioned what other cities do. Mr. Burke indicated their reclaimed water systems are heavily subsidized and more of them are beginning to go to meters. He stated as the City's system expands, it too, would go to meters. Ed Armstrong, attorney representing Countryside Country Club, stated they felt refinements were still possible. He stated they believed Countryside Country Club was in a different position due to an agreement with the City. He stated the State's policy is to encourage the use of reclaimed water. He pointed out there are several agencies that do not charge for reclaimed water. He stated the ordinance should be amended to reflect if additional users are placed on the system, the rate would be recalculated. Mr. Baker stated that no one gives reclaimed water away but many pay for it through their sewer customers. Mr. Armstrong agreed it is the policy of these agencies to have the sewer system subsidize reclaimed water. Commissioner Fitzgerald declared a conflict of interest as he is a member of one of the country clubs. Bill Young, president of the Clearwater Country Club, stated they are the only facility on the Marshall Street line and he felt the City was able to make them use the water in order to get rid of it. Mayor Garvey questioned if the golf courses did not use the water, could the City dispose of it. Mr. Baker indicated it could. Mr. Young stated they had no problem with paying for the reclaimed water but felt meters were not the way to go as they would be inclined to cut back to save money. He stated the golf courses are the best way to dispose of the effluent. Mr. Baker stated there was a time when it was a benefit to the City for the golf courses to use the reclaimed water. He stated however, the City spent $50 million improving their wastewater treatment plants and the effluent can now be discharged into the Bay. He stated staff's recommendation is that the facilities pay their minimum fair share for getting the reclaimed water. Commissioner Thomas questioned if Countryside Country Club were saying they did not want the water. Mr. Armstrong indicated they wanted the water and were willing to pay a reasonable charge. Commissioner Thomas questioned what that would be. Mr. Armstrong indicated $10,000 to $12,000 a year. Commissioner Thomas noted this was only 1/3 of the estimated annual charge to the country club. Howard Groth indicated utility users should not be charged for providing reclaimed water to golf courses. He stated there should be a reasonable charge. Dale Reich, representing Countryside Country Club, stated he appreciated Commissioner Deegan's approach and there was a need for accurate numbers. He stated they are willing to pay their fair share to get the water. He had hoped they could have worked with the City to provide the accurate figures. The City Attorney pointed out there was a need to change the effective date of the ordinance. He suggested there be an amendment the rates be reviewed periodically. Commissioner Thomas questioned if there was the possibility of providing a choice that they pay a metered rate or a cost per acre. Mr. Baker indicated it would be possible to do that and it would have to be monitored to see if the calculations were accurate. He again stated they would want the facilities to use a standard Clearwater meter. Commissioner Deegan indicated he did like providing an option. He stated he believed the water should be metered because eventually there will be citywide reclaimed water and at that point, the system will be metered. Mr. Baker stated that all are agreeing there should be a fair rate. The question is, what is fair? He stated the $20,000 for electrical cost is based on the information provided by the golf courses. He stated the $10,000 in maintenance is an estimate, it could be reduced to $5,000 but then there would be a risk of not covering all maintenance possibilities. He stated the $40,000 for administration, billing, etc. are the actual costs associated with the reclaimed water process. Commissioner Deegan pointed out the $70,000 is a "far cry" from the $198,000 upon which the rate was first based. He stated it has been boiled down to a minimum amount. He felt this would become an enterprise system and cost accounting would be set up for accurate figures. Mr. Burke indicated he appreciated the difficulty the Commission was having in this matter. He stated the numbers will not get any better. The simplest system is to charge per acre. He stated the next step would be to set a minimum charge and that would eventually point toward a metered system. He agreed the rates should be looked at annually. Discussion ensued regarding whether there should be a per acreage charge or if the system should be metered. Commissioner Deegan indicated the cost to be recovered is $70,000 which would equate to 12 cents per 1,000 gallons of reclaimed water. He stated if they fall shy of meeting the $70,000, the rate could be adjusted. Mr. Burke stated if the purpose is to recover the $70,000, it would be better to go with the per acre charge because if the charge is based on a metered rate, the users could simply reduce their use and the $70,000 would not be recovered. The Mayor questioned which rate Mr. Burke would recommend and he indicated the $13.77 per acre for pervious area. Commissioner Thomas questioned a statement made at the last meeting regarding the State of Florida stepping in shortly to mandate that all reclaimed water be disposed of and the City would then be forced to give it away. Mr. Burke indicated he felt the mandate would be imposed within the next two years. Mr. Baker indicated the City's previous studies had shown it would cost $60 million to deliver reclaimed water to every citizen. This was not found to be feasible. He stated the City may opt to put the effluent directly in the ground but it would not be forced to give the reclaimed water away. Commissioner Thomas moved to amend Ordinance 5325-93 in Section 5(g) to add the following sentence: This rate shall be reviewed annually and revised as necessary to recover the operating and maintenance costs of the reclaimed water system in a fair and equitable manner. The motion was duly seconded. Upon the vote being taken; Commissioners Thomas, Berfield and Mayor Garvey voted "Aye," Commissioner Deegan voted "Nay," Commissioner Fitzgerald abstained. Motion carried. Commissioner Thomas moved to amend Ordinance 5325-93 wherever irrigated area appeared to change to pervious area. The motion was duly seconded. Upon the vote being taken; Commissioners Thomas, Berfield and Mayor Garvey voted "Aye," Commissioner Deegan voted "Nay," Commissioner Fitzgerald abstained. Motion carried. Commissioner Thomas moved to amend Ordinance 5325-93 to have a rate of $10 per acre of pervious area per month. There was no second. Commissioner Berfield moved to amend Ordinance 5325-93 in Section 5(g) to have a rate of $13.77 per acre of pervious area per month. The motion was duly seconded. Upon the vote being taken; Commissioners Thomas, Berfield and Mayor Garvey voted "Aye," Commissioner Deegan voted "Nay," Commissioner Fitzgerald abstained. Motion carried. Commissioner Berfield moved to amend Ordinance 5325-93 to make the effective date May 1, 1994. The motion was duly seconded. Upon the vote being taken; Commissioners Thomas, Berfield and Mayor Garvey voted "Aye," Commissioner Deegan voted "Nay," Commissioner Fitzgerald abstained. Motion carried. The City Attorney presented Ordinance #5325-93 for second reading as amended and read it by title only. Commissioner Thomas moved to pass and adopt Ordinance #5325-93 as amended on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Berfield, Thomas and Garvey. "Nays": Deegan. Abstain: Fitzgerald. Motion carried. ITEM #19 - Special Items of widespread public interest - None. ITEM #20 - Citizens to be heard re items not on the Agenda - None. The meeting recessed from 8:20 p.m. to 8:37 p.m. CITY MANAGER REPORTS CONSENT AGENDA (Items #21-37) - Approved as submitted less items 29, 30 & 32. ITEM #21 - Declare personal property surplus to needs of City, authorize disposal through sealed bid sale - List of property attached to these minutes as Exhibit A (AS) ITEM #22 - Purchase of chlorine in 1-ton cylinders from Van Waters & Rogers, Inc., Tampa, FL, for the period 3/18/94-2/28/95, for an est. $133,620 (AS) ITEM #23 - Joint Project Agreement with Pinellas County to relocate natural gas mains during improvements to Tampa Road, from East Lake Road to Curlew Road, at an est. labor cost of $70,000 (GAS) ITEM #24 - Purchase two Peterbilt/Rapid Rail side-loading refuse vehicles from Peterbilt of Central Florida, Winter Garden, FL, for $208,800; financing to be provided under city's master lease-purchase agreement with Security Capital Corp. (GS) ITEM #25 - Purchase & installation of nine ice machines from Gulf Ice Systems, Pensacola, FL, for $27,220.25 and a one-year maintenance agreement for $1,890 for a total cost of $29,110.25 (GS) ITEM #26 - Contract for roof replacement at Fire Station No. 50 to Pro-Spec Roofing of Florida, Tarpon Springs, FL, for $37,183 (GS) ITEM #27 - Purchase of one 1994 Chevrolet Cargo Van from Ferman Chevrolet, Tampa, FL, for $13,900.01 (GS) ITEM #28 - Increase consulting contract with Wittner & Company by $9,000 for a total of $18,600, for the period 1/1/94-12/31/94, for developing a RFP for: health insurance; $2,500 group life insurance; SAMP employees life insurance; police and fire statutory life insurance; reviewing RFP results; negotiating with finalists; and managing transfer to new carrier (as needed)(HR) ITEM #29 - See Page 12 ITEM #30 - See Page 13 ITEM #31 - Contract for Flagler Drive Sanitary Sewer Replacement to Suncoast Excavating, Inc., Ozona, FL, for $223,368.50 (PW) ITEM #32 - See Page 14 ITEM #33 - Contract for development & installation of a recycling data management system to Logistics Systems Engineering, Annapolis, MD, at a cost not to exceed $71,976 (the system records customer participation & route management data for the citywide residential recycling program)(PW) ITEM #34 - Receipt/Referral - LDCA re nonconformities (LDCA94-05)(CP) ITEM #35 - Receipt/Referral - Land Use Plan Amendment to Commercial General and CG Zoning for property located at 509 Bayview Ave., Town of Bay View a/k/a McMullen Bayview Sub., Blk 3, Lots 1 & 2 and south 1/2 of vacated street abutting north side of the lots (Meador, LUP93-43, Z93-54)(CP) ITEM #36 - Sanitary Sewer Lien Agreement - 1705 Lucas Drive, Lot 29, Block 5, Virginia Groves Terrace 3rd Addition (Davis) (CA) ITEM #37 - Sanitary Sewer Lien Agreement - 1912 East Skyline Drive, Lot 57, Skyline Grove Subdivision (Buenaga) (CA) Commissioner Berfield moved to approve the Consent Agenda as submitted less Items 29, 30 and 32 and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #29 - Agreement with Pinellas County Sheriff to provide latent fingerprint examination and related services as well as crime scene services including evidence & property storage to the Police Dept. for the period 1/1/94-12/31/94, for $303,806.12 (PD) The Pinellas County Sheriff's office has been supplying latent fingerprint examination services to the Police Department since the 1989-90 fiscal year. In January of 1993, a second contract for crime scene services and evidence storage was also entered into. Negotiations have been ongoing to combine the services into one contract. The total cost of the combined contract if $303,806.12. $58,139.98 for latent fingerprint services, which is an increase of $13,614.34 over the previous single contract price. The increase includes a 4.09 percent increase or $1,837.23 in personal services costs, for the one full time latent examiner identified in the previous contract. An additional $11,380.62 reflects the services of another examiner working part time on Clearwater cases. Additional assistance is necessary to reduce the backlog. The latent services part of the contract only include actual personal services costs. The previous crime scene contract stipulated a maximum increase of 4.25 percent for the second and third years. At $245,666 the increase is 2.36 percent. The contract provides for the processing of 2000 crime scenes. Any processing provided in excess of this amount, will result in a charge of $122.83 per scene. The Police Department has been pleased with the services provided. Although this agreement is renewable for two additional years, the rate increase of 4.25 percent pertains only to the crime scene services. The latent services section is directly related to the amount of personal services that are required to service Clearwater's needs. If future proposed contracts exceed the terms of this agreement, they will be brought before the Commission for approval. Chief Klein indicated this is the second year of the contract and the two have been combined into one. Bob Wright, who had asked this item be pulled from the consent agenda, stated he had wanted it to be clarified regarding the contract and now that it was explained that the two contracts were combined, he was satisfied. Commissioner Thomas questioned if these contracts had proven to be more economical than doing these services in-house. The Chief indicated they have exceeded expectations. Commissioner Berfield moved to authorize the City Manager to enter into an agreement with the Pinellas County Sheriff to provide latent fingerprint examination and related services as well as crime scene services, including evidence and property storage to the Clearwater Police Department, for a period of one year, from 1/1/94 and concluding 12/31/94, for a total cost of $303,806.12 which is the minimum sum due for all services to be rendered and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #30 - Contract for automated information & data management consulting services for Police Department to John Dorsey & Associates, Lathrup Village, MI, at a not-to-exceed cost of $114,270 (PD) Although significant progress has been made in the level of computerization in many areas, the automation of the public safety functions of the City does not meet current needs. The consultant will evaluate the Police Department's existing information and data management systems and develop a comprehensive plan for a fully integrated police information system. Further, the firm will assist with the acquisition of hardware, software, and support services necessary to implement a new, state of the art computer aided dispatch system. All firms submitting proposals were reviewed by a committee of managerial personnel from various city departments. John Dorsey and Associates was rated the highest. The firms were rated according to experience and ability, past performance, qualifications of key personnel, understanding of the project scope, soundness of approach, and fee. Commissioner Fitzgerald questioned whether there was in-house capability to do this study. Chief Klein indicated this is the single most important decision to be made for the next decade and there is no one within the City system that has the expertise needed. Mr. Dorsey indicated the project will include three phases: 1) strategic planning; 2) systems development; and 3) implementation. Commissioner Fitzgerald asked if the City would be able to use equipment it currently has. Mr. Dorsey indicated he would maximize the use of existing equipment. Commissioner Fitzgerald questioned how long it would be before the strategic plan was available. Mr. Dorsey indicated 2 1/2 to 3 months. He stated the entire project would take 15 months. Commissioner Berfield questioned if Mr. Dorsey had been advised of the new Police Department headquarters. Mr. Dorsey indicated they had and would be able to assist in that planning. Commissioner Thomas questioned if there was any aspect that would not be analyzed. Mr. Dorsey indicated there was not. Commissioner Fitzgerald moved to award a contract for automated information and data management consulting services for the Police Department to John Dorsey & Associates of Lathrup Village, Michigan, at a not-to-exceed cost of $114,270 and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #32 - Supplemental Agreement No. 1 to agreement for professional services with HDR Engineering Inc., for Highland Avenue Widening, for $263,824 (PW) The City entered into an agreement with HDR Engineering Inc. for the professional design services for the widening of Highland Avenue. The design was completed in June, 1993 for a four lane widened roadway section from Gulf to Bay Boulevard to Palmetto Street, a five lane widened roadway section from Palmetto Street to Sunset Point Road and a four lane widened roadway section from Sunset Point Road to Union Street. Since the completion of the initial design, Pinellas County has announced plans to implement a multi-lane construction of Keene Road, north from Gulf to Bay Boulevard. Pinellas County has also delayed plans for the widening of Highland Avenue, south of Gulf to Bay Boulevard. As a result, the Commission has directed staff to alter the design of the Highland Avenue Widening project to a general three lane roadway section from Gulf to Bay Boulevard to Sunset Point Road. Therefore, the supplemental agreement is needed to modify the existing construction plans to accommodate this three lane improvement along Highland Avenue. The proposed modification includes preparing revised construction plans to alter the pavement sections, modify the drainage systems, revise various utility accommodation designs, negotiate a permit modification with the regulatory agencies, revise pavement marking and traffic control plans, miscellaneous survey services, and preparation of final specifications and bid documents. HDR estimates that all costs to complete the proposed widening of Highland Avenue, including professional fees, is $4.7 million. This is compared to the original design construction and right of way acquisition estimate of at least $7.1 million. This downsizing represents a cost saving of at least $2.4 million. Bob Wright requested clarification regarding the cost savings of this project. Peter Yauch, Traffic Engineer, stated there will be a savings of approximately $2.4 million due to the lessening of the widening project. Commissioner Deegan moved to approve Supplemental Agreement No. 1 to the agreement for professional services with HDR Engineering Inc., for Highland Avenue Widening, for $263,824 and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. OTHER ITEMS ON CITY MANAGER REPORT ITEM #38 - Joint Project Agreement with Florida Department of Transportation (FDOT) to relocate natural gas mains during the widening project of East Bay Drive, from Highland Ave. to Belcher Rd., at an est. $340,000; Res. #94-23 - authorizing execution of JPA (GAS) The FDOT has a project to widen East Bay Drive from Highland Avenue to Belcher Road that will require the relocation of existing gas mains. This Joint Project Agreement (JPA) will provide for the relocation of existing gas mains by the State's general contractor for the project. Having the general contractor relocate the existing gas mains will allow for this work to be done in a timely manner and relieves the Gas System from any penalty payments because of delays to the project. All restoration costs are also saved as the general contractor is responsible for these costs under this agreement. The JPA provides for labor only at an estimated cost to the Clearwater Gas System of $340,000. The gas materials for this project will be provided by the Clearwater Gas System from existing inventory and will include 1,058 feet of 2-inch PE gas main, 520 feet of 4-inch PE gas main, 8,392 feet of 8-inch PE gas main, 1,116 feet of steel casing pipe and various other gas fittings. These materials will be issued from the appropriate inventory codes and charged to the CIP for Line Relocation-Capital. The estimated cost of these materials is $68,000 and has been previously approved. Commissioner Thomas moved to approve a Joint Project Agreement with State of Florida Department of Transportation to relocate natural gas mains during the widening project of East Bay Drive from Highland Avenue to Belcher Road at an estimated cost of $340,000. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #94-23 and read it by title only. Commissioner Fitzgerald moved to pass and adopt Resolution #94-23 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey. "Nays": None. ITEM #39 - Summer Youth Employment Program a) Goals Goals for the 1994 City of Clearwater Summer Jobs Program have been submitted for Commission approval and are attached to these minutes as Exhibit B. Commissioner Deegan indicated he was pleased that Goal 2 added a 75% satisfaction rating. He questioned, in Goal 1, the carry over of unspent funds from the 1993 Summer Jobs Program which was $42,000. This would result in a total of $172,000 for this year's program. He indicated he would prefer to cap this year's program at $150,000 and to consider other possible uses for the remaining unspent funds. Commissioner Fitzgerald questioned if this would cause any problems. Eleanor Breland, Human Relations Director, indicated it would not. Commissioner Thomas expressed concerns regarding there only being 100 jobs this year when there were 130 last year. He was concerned that $30,000 was now going to someone else to administer the program. Ms. Breland indicated the same individuals will be administering the program but they are hiring additional staff in order to have a smaller counselor to student ratio. Commissioner Thomas still expressed concern that staff was being increased versus money going to the participants. He questioned why one of the measures of success was that half of the participants be between 17 and 23 years of age. Ms. Breland indicated this was Commission direction. Commissioner Thomas felt that individuals in 8th grade, not those in highschool, should be targeted. Kathy Rice, Deputy City Manager, pointed out there are a number of youths in college that need summer jobs. Commissioner Thomas also disagreed with one of the measurements being that a survey was filled out. He felt the measurement should be what they learned and whether or not they can obtain and hold a job. Ms. Rice indicated there would be better follow up regarding the success of the program. Ms. Breland indicated there have been some examples of individuals who could not accept jobs due to the impact on all of the public assistance their family receives. Ms. Rice indicated the purpose of the program was to provide youth with employment opportunities that would prepare them for when they are able to leave home and function on their own. This will provide work experience, references, etc. Commissioner Thomas stated this was the third year of the program and he did not see any data which showed the children had learned anything. Commissioner Deegan stated that based on the information, it could not be concluded that the program was a failure, however, different data did need to be collected in order to determine the success of the program. Commissioner Thomas questioned what would be considered a successful program. Commissioner Deegan stated 3/4 of the students saying the program helped them and 3/4 of the employers and families indicating positive results. Commissioner Thomas stated no one receiving the funds would say anything bad about the program. Commissioner Deegan pointed out the families and employers were asked as well. Commissioner Thomas questioned whether there was a follow up system to track youth in the program to see if they have successful achievements in the job market. Ms. Breland indicated there was no such program as this would be extremely expensive. Commissioner Thomas again expressed concerns that students being given the funds would not comment negatively about the program. He did not feel it was a success for the individual participants to indicate this was a good program. Commissioner Deegan pointed out the students would have to earn the $1,000, it was not going to just be given to them. He stated there will be employment interviews in this year's program. Ms. Rice pointed out that less than 10% of the students were negatively terminated in last year's program. Commissioner Deegan agreed that a longitudinal study would be more than could be handled in the City program. He indicated that was not the function of the program. He stated its purpose was to help the youth start to learn regarding the work market. Commissioner Thomas indicated he would support the program if the jobs were in the City and tangible results could be seen. Ms. Breland indicated the City's program targeted private sector work in order not to duplicate federally funded programs that provide city jobs. Peg Connell, representing Pinellas Private Industry Council, indicated they will be commissioning a three year evaluation of a summer program and they could investigate piggybacking an evaluation of this program. She stated it was their experience that the age group of 17 to 23 were difficult to recruit due to the lower hourly wage. She stated she would like to see the goals dropped to this age group being 30% of the participants and their salary level be raised. She stated the major thrust from the federal government is to work with young people to prepare them for when they graduate from highschool. Commissioner Deegan indicated he felt longitudinal studies were difficult to do. He re-emphasized the City is not a social service agency. He stated the City's program is trying to help young people learn employment skills. He agreed the hourly wage of the older youth should be increased. He stated employers are more satisfied with the older youth and that is the reason for the 50% target. Mayor Garvey indicated she felt the program has been successful and that $1,000 per student is not pocket change. Commissioner Berfield pointed out the cost of the program is $1,000 per student, however, the actual wages earned are less. Ms. Rice indicated the $1,000 does include payment for such things as workers compensation, social security, etc. She will get the exact costs per student to the Commission. Commissioner Thomas expressed concerns regarding $30,000 going to administration that had previously gone to the students. Commissioner Deegan pointed out this was for counseling. Bob Bickerstaffe indicated he felt the program was a good idea, however, he felt the youth should be working within the City structure in the trades, as he felt the youth were the source of future city employees. Commissioner Deegan moved to accept the goals as presented with the change in Goal 1 that the cost not exceed $150,000. The motion was duly seconded. Upon the vote being taken; Commissioners Berfield, Fitzgerald, Deegan and Mayor Garvey voted "Aye," Commissioner Thomas voted "Nay." Motion carried. b) Contract The Pinellas Private Industry Council, also known as Work Force, has submitted a contract for administration of the Summer Youth Employment Program. The services provided will be: full payroll services for youths employed in the program; intake screening and placement services to process and place youths in private sector positions; orientation employability skills training and counseling services to youths selected to participate; and to coordinate and schedule a motivational activity that is aimed at encouraging youths to remain in school, seek employment and/or further their education and training. They will be responsible for scheduling 100 youths to work for up to 30 hours per week, at the rate of $4.25 per hour in private sector jobs between June 20, 1994 and July 29, 1994. The youths must be residents of the City of Clearwater and 80% of all youths participating in the program will reside in the North/South Greenwood areas or in the Condon Gardens area. At least 10% of all youths participating in the program will not exceed the 80% median income levels for Pinellas County. Commissioner Deegan expressed concern the letter reviewing the contract indicates Work Force will be providing the same services as last year. He indicated this was not true and the letter should be amended to say they will be "providing the following services." He also expressed concern regarding the reference to 10% of the youths participating not exceeding the 80% median income levels. He requested this be rephrased in a positive fashion. He expressed concerns that the agreement sounds as if the contractor is going to perform all the functions of the program. He requested "and that the City" be added as the City will be performing some of the activities. Ms. Rice questioned whether or not the Commission wished to have the hourly rate for older youth to be increased. It was the consensus to do so. Commissioner Deegan also expressed concerns regarding immediately handing over all the funds to Work Force. He requested the agreement be amended to be on a reimbursement basis. Ms. Rice indicated she would have a budget and schedule of payments prepared and sent to the Commission by memorandum. Commissioner Berfield pointed out there would be a need to change the goals based on the change to the percentage of participants from the 80% median income level. Commissioner Deegan moved to approve the agreement with the amendments regarding a cap of $150,000; the rephrasing of the percentage of participants from the 80% median income level; adding the City as a participant in the agreement; increasing the hourly wage for the older youth; and providing for payment to Work Force on a reimbursement basis. The motion was duly seconded. Commissioner Berfield requested next year's program be considered for in-house administration. Ms. Rice indicated that and other avenues will be investigated. Upon the vote being taken; Commissioners Berfield, Deegan, Fitzgerald and Mayor Garvey voted "Aye," Commissioner Thomas voted "Nay." Motion carried. ITEM #40 - Chamber of Commerce Property The Chamber of Commerce has inquired regarding the City's interest in purchasing their property on the bluff, immediately adjacent to the Clearwater Main Library. The Chamber is at a point where they need to either relocate or make major investments in renovations to the building on the property. The Chamber has priced the property at $385,000 with the land having a value of $220,000 and the building, $165,000. The property was given to the Chamber by the City in 1963 at no cost with a reverter that the property would revert to city ownership should the Chamber discontinue its functions there. Therefore, staff does not believe the land has a marketable value. Four possibilities that have been discussed with Pete Woodham, Executive Director of the Chamber, are: 1) straight sale, wherein the City purchases the property for something less than the Chamber's asking price of $385,000; 2) an exchange of properties whereby the Chamber becomes the owner of City Hall at a price to be determined and with a credit for the Chamber property; 3) purchase of the Chamber property for a price to be determined which is to be applied as rent for some number of years on City Hall; or 4) an arrangement whereby the City pays off any property related debt owned by the Chamber, renovates the building at city expense, becomes the owner of the property and leases the renovated building back to the Chamber. Ms. Deptula reported the Chamber has requested discussion on this item be postponed. Commissioner Deegan requested it be discussed as there may be some ideas to which the Commission is totally opposed and it would be a waste of staff's time to pursue those issues. Others agreed it needed to be determined if there were certain things the Commission did not wish staff to pursue. Commissioner Thomas stated there were two issues, if there was any interest in renting or selling the City Hall property, also if there was any interest in buying the Chamber property. He indicated he had no interest in doing anything regarding City Hall at this time. He would consider buying the Chamber property for $165,000 which would be the cost of the building and then rent the building to whomever. Commissioner Deegan agreed with part of Commissioner Thomas' proposal stating there should be no dollars for the land, however, an appraisal needed to be obtained on the building. Commissioner Fitzgerald stated if the Commission has no intent to consider development of the total bluff, then the Chamber could make the commitment and invest in the current facility. He felt it would be short sighted not to have control of the entire bluff. He stated he did not think the Chamber would accept $165,000. Commissioner Deegan stated development of the bluff was not the only reason to consider obtaining the property but also the possibility of a fixed bridge from Memorial Causeway. Commissioner Thomas was more concerned regarding the bridge issue. He questioned whether the City had any ability to take back what it would need for right of way. The City Attorney indicated that as long as the Chamber is using the property as a chamber, the City could not evoke any reverter. He also pointed out the City has subordinated its reverter clause. Commissioner Thomas questioned whether or not there was any estimate regarding how much of the property would be needed for the bridge. Mr. Baker indicated essentially all of the property would be needed. Commissioner Thomas expressed concerns that if the City were silent and the Chamber invested money in the building, the land would be more valuable and the City would wind up paying more for the property, plus attorney fees. The City Attorney indicated the City would have to pay fair market value for the property. Commissioner Thomas questioned when the feasibility study for the new fixed bridge would be brought forward. Mr. Baker indicated in approximately six months. Commissioner Berfield questioned if they renovated the building, would they have to come into compliance with all existing codes. The City Attorney indicated they would. Vic Chodora, Building Official, stated they would have to bring the building up to code, including ADA requirements. Commissioner Thomas questioned whether or not they would have to meet parking requirements. Scott Shuford, Central Permitting Director, indicated there is a lot of flexibility regarding parking in the downtown area and that only if there was a change of use or expanded floor area, would it trigger the need to meet parking requirements. Commissioner Deegan stated he did not want staff to spend time determining the value of City Hall. Mayor Garvey indicated she would consider leasing the current City Hall facility. Commissioner Thomas stated there was no problem with looking at the value of City Hall in that there would be no harm in learning what the building is worth. Commissioner Fitzgerald felt the Commission should know all of its options. Mayor Garvey stated the Commission also needed to determine what it saw as the value of the Chamber property. Commissioner Thomas indicated he was interested in having the property under the control of the City. He requested information regarding what the Chamber can and can not do with the building. Ms. Deptula indicated staff will proceed to obtain an independent appraisal, provide information regarding what they can and can not do with the building and what codes would be triggered by the renovation. Commissioner Berfield questioned from where the funds to construct the building had come. Mr. Baker indicated the City had property which it sold and proceeds from that sale of approximately $50,000 went to the Chamber for the building. Commissioner Thomas questioned what it cost to construct the current facility. ITEM #41 - No item. ITEM #42 - City Hall Discussion Donnell Consultants Incorporated, in association with Rowe Architects Incorporated, has submitted five concepts for the new City Hall. A-1 would call for a 70,000 square foot building on the Bilgore site with a parking garage and renovations to the existing City hall at a cost of $9,180,000. A-2 would provide for a 90,000 square foot office building on the Bilgore site and a larger parking garage at a cost of $11,290,000. Concept B would provide for a 70,000 square foot building on the bluff site, redecoration of the existing City Hall and a parking garage at $9,000,500. Concept C is a 70,000 square foot office building on the Kravas site using parking in the Garden Avenue garage and remodeling the existing City Hall for $9,065,000. Concept C-2 is a 90,000 square foot building on the Kravas site again using parking in the Garden Avenue garage at a cost of $10,345,000. An alternate to all these plans would be to upgrade the mechanical systems to institutional quality. This would increase the cost to alternates A, B, and C of $475,000. To concepts A-2 and C-2, the increase would be $600,000. Commissioner Thomas indicated there were actually two issues, what to do about City Hall and the utilities building. Interim City Manager, Betty Deptula, has expressed concerns regarding employees continuing to work in the utilities building as it is in poor condition. Commissioner Thomas questioned if Ms. Deptula felt something should be done about the utilities building even if construction on City Hall started right away. She indicated that was her belief. Commissioner Thomas questioned whether or not it would be better to move the individuals or make the necessary repairs as once the employees are moved, the City would want to sell the building. Commissioner Deegan stated other options should also be explored and he questioned whether or not plans to move annex employees had begun to be investigated. Ms. Deptula indicated they had. Commissioner Thomas questioned whether or not the utilities building had always been a city building. Mr. Rowe reported the City built the facility in 1960, however, there had been a second floor addition and modifications to the facade. Ms. Deptula indicated she would come back with information regarding moving the employees and/or renovating the building. Commissioner Deegan questioned the contamination from the adjoining gas station. Ms. Deptula indicated this has been mitigated. Regarding City Hall, Commissioner Thomas indicated he felt option A was the only viable proposal. He questioned if the current City Hall is rehabilitated, would there truly be a need for the new fire exit upgrade. Mr. Rowe indicated the Fire Marshall would require it. Commissioner Thomas questioned whether or not the City would be legally required to have the additional fire exit. He indicated he preferred the new city facility on the Bilgore site combining the parking garage with those spaces needed for the Police Department. Mayor Garvey felt the Bilgore site was the site for a consolidated City Hall but she felt it should be totally consolidated and the Commission should not be in a separate building. She felt the current City Hall could be leased to other individuals. Commissioner Deegan indicated he did not want to vacate the current City Hall. He preferred everything on the bluff site or an annex on the Bilgore site. Mr. Rowe stated an additional option was to move the chambers to the new building and then the additional fire exit would not be required. Commissioner Deegan did not like the idea of having the chambers in the new building and the Commission's offices in the old. Commissioner Berfield stated she preferred to have the City Hall on the current site but as she did not see the support for it, she would opt for Option A-1. Commissioner Fitzgerald indicated he would not support any concept that did not achieve total consolidation. He expressed concerns that the City had not followed through on using the Sun Bank Building as City Hall which would have cost only $6.4 million. Commissioner Thomas stated that was a mis-statement as it would cost $3 million to make the necessary changes to the building for it to be used as a City Hall. Commissioner Fitzgerald stated the cash flow during the incremental filling of the building would have paid for the renovation. Commissioner Thomas stated that because the City had purchased the building without estoppel letters, tenants would have left and the cash flow would not have been there. Commissioner Fitzgerald reiterated his belief the City had a solution that would have cost less. Mayor Garvey stated she would only support complete consolidation on the Bilgore site. Commissioner Thomas moved to pursue concept A-1, that of the 70,000 square foot office building on the Bilgore site with a parking garage and renovations to the existing City Hall with an additional review of the necessity of the fire exit at the current City Hall facility and that the alternate to upgrade the mechanical systems to institutional quality be added. The motion was duly seconded. Commissioner Berfield requested clarification regarding A-1 and which departments would remain in the current City Hall. It was indicated that the City Manager's Office, the City Commission, the chambers, the City Clerk Department, the Legal Department, Community Outreach, Community Redevelopment Agency, and Economic Development would be in the current City Hall facility. Commissioner Deegan questioned why Commissioner Thomas preferred the Bilgore site to the current bluff location. Commissioner Thomas stated he felt all city services would then be in that area and he had not been comfortable with "scrunching" the total project on this property. Commissioner Deegan questioned whether or not this was to be put to referendum. Commissioner Thomas amended his motion to include this would be subject to approval at referendum. Commissioner Berfield expressed concerns regarding the time frame involved. Commissioner Thomas felt the negotiations regarding selling of the East End property would mandate the necessity to have the new City Hall and that would be concluded by the time a referendum could be held. Mayor Garvey expressed concerns this should be a decision the Commission makes. Commissioner Fitzgerald indicated he would not support the motion, however, he was in favor of a referendum. Upon the vote being taken; Commissioners Berfield, Deegan and Thomas voted "Aye," Commissioner Fitzgerald and Mayor Garvey voted "Nay." Motion carried. The City Clerk was requested to provide for a referendum as soon as possible. Mr. Rowe agreed a referendum should be done and stated the study regarding the Police Department should be done within that time frame. Mayor Garvey questioned when the study should be completed. Mr. Rowe indicated within sixty days. ITEM #43 - Other Pending Matters a) Ratify/Confirm payment of $150,654.85 for consultant fees to Donnell Consultants Inc. for additional services and expenditures rendered for design of City Hall (AS) On January 7, 1993, the Commission approved a contract in the amount of $246,000 with Donnell Consultants Incorporated as project management consultant for the City of Clearwater City Hall Project utilizing the design/build method. Thus far, the City has been billed $153,421, leaving a balance of $92,579. Additionally the Commission approved services outside of the contract which total $150,654.85. A mid-year budget amendment will provide funding for these costs with a transfer of $150,654.85 with the appropriation of available infrastructure tax funding from the Special Development Fund to CIP 315-94601, Consolidated City Hall. Commissioner Fitzgerald requested clarification regarding the total cost. Ms. Deptula indicated the original contract had been for $246,000 and we were now adding another $150,000 that had not been a part of that contract. Commissioner Thomas questioned if this included the work for the Police Department. Mr. Baker indicated that the Police Department work was a $54,000 lump sum payment and was an additional work order. Commissioner Deegan questioned if staff was pursuing a process other than the original design/build process. Mr. Rowe indicated it was. Mayor Garvey thought the design/build process was the least expensive. It was indicated this is a third method being considered and should save additional funds. Commissioner Fitzgerald requested the Commission be provided an outline of expenses from the beginning of the project to now, including the Police Department. Commissioner Thomas expressed confusion regarding the $150,000 in addition to the original contract. Mr. Baker indicated that the contract allows the Commission to assign supplementary work to Mr. Rowe and Mr. Donnell. Commissioner Thomas stated it was his interpretation that the supplementary work was coming out of the $250,000 and he did not realize it was an addition to that amount. Commissioner Deegan pointed out when the original contract was put together, there had been no thought of doing the additional things that have been requested. Commissioner Thomas questioned if there were any other contracts for the City that would provide for additional work items. Ms. Deptula indicated the contract with Camp Dresser & McKee (CDM), the city's consulting engineer, allows for this. Commissioner Deegan pointed out it was the Commission that changed what they wanted to be done and staff has kept the Commission advised. Commissioner Thomas moved to ratify and confirm payment of $150,654.85 to Donnell Consultants Incorporated for additional services and expenditures rendered for the design of City Hall. The motion was duly seconded and carried unanimously. b) Renovation to Bayfront Mart (Maas Brothers) Mr. Baker stated that the Commission has tentatively approved a lease with Stein Mart. This lease requires certain things to be done within certain times. He stated by May 15th, the City must be out of Stein Mart's way in order for them to complete their work and open in August. He stated this will require a very tight time frame and he asked Mr. Rowe to explain the complexities of this issue. Commissioner Thomas expressed concerns that the lease had been approved two weeks ago and has not been signed. He stated that results in a moving date. Commissioner Deegan questioned why the lease had not been signed. The City Attorney indicated drafts have been going back and forth between Stein Mart and city staff. Mr. Rowe indicated it is only possible to meet the dates required by having a project management architectural engineer hire the general contractor. He stated they have been working on this for almost a week and a general contractor needs to be selected by March 28th. He indicated an asbestos abatement firm is going to examine the building to determine how much has to be done. Their estimate will be back by March 28th. Commissioner Thomas expressed concerns that it was his understanding asbestos was only on the ground floor. It was indicated it has been found elsewhere. Mr. Rowe stated there are multiple ceilings in the buildings which covered up some of the asbestos. This is still being investigated and the scope of the asbestos removal is not known yet. Commissioner Deegan questioned if it was possible to divide the work into two parts and only do that which was needed for the second floor. Mr. Rowe indicated the lease requires a total new air conditioning system and while the second floor unit could be separate, the City would still need to do additional work in the building. Commissioner Deegan questioned if asbestos can be removed from the bottom floor if Stein Mart has occupied the facility. Mr. Rowe indicated this was not possible. Commissioner Deegan questioned if there was some work that could be done past May 15th. Mr. Rowe indicated the work being addressed is only that required for the second floor. He stated the order for the air conditioners and the chillers need to be placed by April 15th. Commissioner Thomas pointed out the Heery study had reduced the cost of the air conditioning by having nine separate units designed to last ten years. Mr. Rowe indicated this was not what he had outlined. Commissioner Thomas questioned why renovations could not proceed on the one floor and the City continue work in the remainder of the building after they hand that floor over to Stein Mart. Mr. Rowe indicated there were some things that needed to be done such as fire separation between the floors before the area can be provided to Stein Mart. Mr. Rowe pointed out emergency action is needed for hiring the general contractor just to provide the work needed for Stein Mart. Commissioner Deegan questioned if Mr. Rowe could provide a general contractor. Mr. Rowe indicated he could make recommendations on three general contractors based on fee, etc. but not a formal bidding process. Commissioner Thomas expressed concerns regarding the estimate of cost. Mr. Rowe indicated there is a new bottom line as the air conditioner is $316,000 over what the City had estimated. Commissioner Fitzgerald questioned if that was for the one floor. Mr. Rowe indicated it was. He stated right now the estimate he is coming up with is $451,000 over the City's estimate. Commissioner Thomas questioned the cost for reskinning the building, cleaning out the Stein Mart floor, the air conditioning system for Stein Mart, the asbestos removal, and a separate electrical for Stein Mart. Mr. Rowe indicated the exact costs have not been determined as yet. Vic Chodora, Building Official, indicated staff had prepared an estimate of cost at $1.7 million. He stated included in that was $402,000 for repair of the parking deck which now will not be needed. This may cover the extra cost for the air conditioning. Mr. Baker questioned if Mr. Rowe had found any additional costs other than the air conditioning. Mr. Rowe indicated not so far, but they have not finished their work. Commissioner Deegan pointed out Mr. Rowe is indicating he does not know the bottom line cost until he finishes his investigation. Mr. Rowe indicated he needed an additional week, but he needed authorization to hire a general contractor. Commissioner Deegan agreed with hiring the general contractor as long as there was some competition. Mr. Baker indicated it was their intent to find three contractors; tell them the scope of the project, the extremely tight time frames and return to the Commission with three quotes. Commissioner Fitzgerald questioned if the cost would be only for the one floor. Mr. Baker indicated this would not be known until later in the investigation. Commissioner Deegan questioned the roof being done by the August 1st date. Mr. Baker indicated it was staff's intention to meet that time frame. Commissioner Thomas questioned how much expenditure would be authorized tonight. Mr. Rowe indicated he did not have that figure but he would have it next week. It was the consensus of the Commission for staff to move forward to determine the renovations to the building and to proceed to get three quotes from general contractors. c) Stein Mart Lease - The final lease is not prepared. No Action. The meeting recessed from 11:58 p.m. to 12:10 a.m. Commissioner Deegan moved to continue the meeting beyond midnight. The motion was duly seconded. Upon the vote being taken; Commissioners Berfield, Deegan and Thomas voted "Aye," Commissioner Fitzgerald and Mayor Garvey voted "Nay." Motion carried. d) Affordable Housing Advisory Committee - appointment to Banking/Mortgage industry seat Commissioner Thomas moved to appoint Linda Byars. The motion was duly seconded and carried unanimously. CITY ATTORNEY REPORTS ITEM #44 - First Reading Ordinances a) Ord. #5556-94 - Relating to offenses, repealing Sec. 21.05 re disrobing in public The City Attorney presented Ordinance #5556-94 for first reading and read it by title only. Commissioner Thomas moved to pass Ordinance #5556-94 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey. "Nays": None. b) Ord. #5561-94 - Relating to offenses, repealing Sec. 21.08 re false reports of bombing The City Attorney presented Ordinance #5561-94 for first reading and read it by title only. Commissioner Thomas moved to pass Ordinance #5561-94 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan, Thomas and Garvey. "Nays": None. c) Ord. #5559-94 - Relating to city owned real estate; creating Sec. 2.665 to provide that conveyances of city owned real property contain a use restriction with right of reverter to city The City Attorney presented Ordinance #5559-94 for first reading and read it by title only. Mayor Garvey suggested the Charter Review Committee consider this ordinance. Commissioner Fitzgerald questioned the need for it. Commissioner Thomas stated he requested this ordinance be brought forward in order that city properties being disposed of, not go off the tax roll. He stated the tax base in Clearwater is in jeopardy. Mayor Garvey felt it simply added more bureaucracy to the procedure. Commissioner Fitzgerald questioned if this included trading or giving away the property. Commissioner Thomas cited the East End property as an example, stating he did not want it sold to someone and somewhere down the line it is sold to another organization that takes it back off the tax roll. Commissioner Fitzgerald expressed concern that if the County should buy property from the City, it would be placed in the position that it could never sell it to another nonprofit organization. Commissioner Thomas stated it was a way of getting control of city property and once it is back on the tax roll, it stays on the tax roll. Commissioner Deegan stated a reverter clause could be included in the deed that a nonprofit could not sell to another nonprofit. Commissioner Fitzgerald felt this would make it difficult for the City to sell its property. Commissioner Deegan moved to pass Ordinance #5559-94 on first reading. Commissioner Berfield questioned what impact this would have on the city's property in Hillsborough County. It was requested the ordinance be amended at second reading to indicate the property must be within Pinellas County or the city limits. Upon roll call the vote was: "Ayes": Berfield, Deegan and Thomas. "Nays": Fitzgerald and Garvey. Motion carried. ITEM #45 - Other City Attorney Items a) Authorization for Alan Zimmet to defend counterclaim of City v. Church of Scientology Flag Service Organization without a $5,000 cap In view of the counterclaim by the Church of Scientology and removal of the case to federal court, the "cap" of $5,000 in attorney's fees for handling this case is no longer appropriate. The case will now require more pretrial discovery and research than would have been necessary otherwise. Authorization is requested for attorney Alan Zimmet to defend the counterclaim vigorously without regard to a $5,000 "cap". Mr. Zimmet estimates the budget for handling this case will now be $15-20,000 in costs and fees. Because the actual cost to the City will be driven to a great extent by the extent to which the other party desires to spend time, this estimate may be subject to revision from time to time. Commissioner Deegan moved to authorize Alan Zimmet to defend the counterclaim of City v. Church of Scientology Flag Service Organization at a cost up to $20,000. The motion was duly seconded and carried unanimously. ITEM #46 - City Manager Verbal Reports - None. ITEM #47 - Commission Discussion Items - Continued to 4/4/94. a) Environmentally Sensitive Land definition b) Legal Department Audit c) Accessory uses in Resort Commercial Zones ITEM #48 - Other Commission Action - None. ITEM #49 - Adjournment The meeting adjourned at 12:27 a.m. (3/18/94)