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11/20/1997CITY COMMISSION MEETING CITY OF CLEARWATER November 20, 1997 Present: Rita Garvey Mayor/Commissioner J. B. Johnson Vice-Mayor/Commissioner Robert Clark Commissioner Ed Hooper Commissioner Karen Seel Commissioner Michael J. Roberto City Manager Kathy S. Rice Deputy City Manager Bob Keller Assistant City Manager Richard L. Hedrick Assistant City Manager Pamela K. Akin City Attorney Rich Baier Public Works Director Mary K. “Sue” Diana Assistant City Clerk Patricia O. Sullivan Board Reporter The Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation was offered by Commissioner Johnson. The Mayor led the Pledge of Allegiance. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. ITEM #3 - Service Awards One service award was presented to a City employee. ITEM #4 - Introductions and Awards - None. ITEM #5 - Presentations a) Keene Road Update Joe Kubicki, of King Engineering Associates, Inc., distributed a booklet regarding Phases IA and IB of the Keene Road Project between Gulf-to-Bay Boulevard and Sunset Point Road. The Keene Road Project was divided into phases: 1) Phase IA - April 1999 - April 2001 - Gulf-to-Bay Boulevard to Drew Street ; 2) Phase IB - April 1999 - April 2001 - Drew Street to Sunset Point Road; 3) Phase II - April 1999 - April 2001 - Curlew Road to Tampa Road; 4) Phase III - N/A; 5) Phase IV - 1999 - Tampa Road to New York Avenue; 6) Phase V - 1996 - New York Avenue to Alderman Road; 7) Phase VI - N/A; and 8) Phase VII - 1999 - Sunset Point Road to Virginia Street. The 1994 Preliminary Engineering Report analyzed anticipated traffic, lane configuration, intersection geometrics, right-of-way impacts, environmental impacts, and utility considerations. Construction plans development, based on the report, are at the 90% completion stage. Public information workshops were held on October 11, 1993, and February 22, 1996. The Keene Road/CR 1 corridor is an integral part of the county’s long-range highway plans. The MPO (Metropolitan Planning Organization) 2015 Long Range Plan, identifies Keene Road as a 6- and 4-lane divided road between Gulf-to-Bay Boulevard (SR 60) and Tampa Road. Currently, the primary North/South corridors in central and northern Pinellas County are US 19, Alternate US 19, Belcher Road, and McMullen-Booth Road. Collector roads such as Hercules and Highland Avenues supplement this traffic flow. The Keene Road project will provide a major North/South thoroughfare in northern Pinellas County, will relieve traffic on Alternate US 19, and will connect St. Petersburg and Palm Harbor. In February 1987, the Pinellas County Subdivision Regulation Sector Plan, Traffic Corridor Plan and Right-of-Way Requirements Plan was adopted, establishing a 100-foot wide right-of-way for Keene Road between Gulf-to-Bay Boulevard and Alternate US 19. Much of the needed land has been dedicated or acquired. The roadway typically will be within a 120-foot right-of-way, South of Drew Street and within a 100-foot right-of-way, North of Drew Street. The roadway and intersections were designed to accommodate maximum traffic flow through 2015 and to provide relatively smooth flowing traffic. Left and right turn storage lanes have been sufficiently sized. Between Gulf-to-Bay Boulevard and Drew Street, the roadway will be divided and have 6-lanes, curbs, gutters, and sidewalks. Between Drew Street and Sunset Point Road, the roadway will be divided and have 4-lanes, curbs, gutters, and sidewalks. Full median openings, at acceptable distances, will allow access to side roads. The predominant posted speed limit will be 45 mph. Truck traffic may be restricted to daytime hours. The typical section includes a 20-foot wide grass median and 2 or 3 travel lanes in each direction. Inside lanes will be 11-feet wide and outside lanes will be 12-feet wide with 4-foot bicycle lanes. The recovery area between the back of the curb and right-of-way is 12 feet in most areas and will include sod and a sidewalk for pedestrian traffic. The cost to construct Phase IA and Phase IB is estimated at $13-million. In response to a question, Mr. Kubicki said 6 lanes are planned between Gulf-to-Bay Boulevard and Drew Street due to the anticipated higher volume of traffic on this segment. He reviewed the planned alignment. Heading North, the road will jog to the left at Gulf-to-Bay Boulevard to line up with Venus Avenue. A small retention pond will be built on the West side of Keene Road South of Gulf-to-Bay Boulevard. He said the pond East of Venus Street and South of Cleveland Street will be enlarged. The road will intersect Drew Street by the former arts center. A building in the Hacienda Gardens Apartment complex on the West side of Keene Road near the Airpark was purchased for the project. The project is working with the Airpark regarding construction of “Pond 400.” A permit has been granted to cross the railroad tracks North of the Airpark. Small changes will be made to the Sunset Point Road intersection. The project team also is working with staff to coordinate landscaping with planned Gulf-to-Bay Boulevard upgrades. It is anticipated acquisition of the 29 parcels to be impacted by both phases will be completed by December 1998. Phases IA and IB will be constructed simultaneously, beginning in April 1999. Mr. Kubicki said citizens have made positive comments regarding the project. Concern was expressed regarding the project’s impact on homes and businesses. Mr. Kubicki reported the alignment was established in the mid 1980s. Several business impacts will occur on the North side of Gulf-to-Bay Boulevard, including the Subway restaurant, a small hotel-apartment, and part of the parking lot at Young’s Barbecue restaurant. He said FDOT (Florida Department of Transportation) had been helpful by relaxing standards on SR 60 thereby limiting the number of affected businesses. Walgreen’s will not be affected. The majority of residential properties are impacted due to the need for small pieces of land to construct intersections. In response to a question, Mr. Kubicki said the project team is working closely with the Airpark. The road, more than 600 feet from the runway, is outside the approach pattern. Careful consideration has been given to the height of street lights in this area. The road will run near the golf course and adjacent to the Airpark. Some greens may have to be modified to direct errant balls away from the road. In response to a question, he said the design of retention ponds has improved dramatically. The pond South of Cleveland Street will be recontoured and sodded. The pond will be attractive and not fenced. Plans are for “Pond 400” on the Airpark property to be a dry pond. Jim Collins, Pinellas County Engineer, said the County’s new methods of mosquito abatement include introducing fish in some ponds. Public Works Director Rich Baier said the County is responsible for maintaining and spraying the ponds. This issue will be clarified in the JPA (Joint Project Agreement) . Mr. Collins said the County’s new policy requires the installation of aesthetic landscaping which does not attract wild life. ITEM #6 - Approval of Minutes Commissioner Johnson moved to approve the minutes of the regular meeting of November 6, 1997, as recorded and submitted in written summation by the City Clerk to each Commissioner. The motion was duly seconded and carried unanimously. ITEM #7 - Citizens to be heard re items not on the Agenda Deborah Kynes, 1997 Chair of Jazz Holiday, thanked the City for its support of this year’s event. She reviewed plans to distribute the proceeds. Of $45,000 received, $25,000 came from rain insurance. Procedures to serve beer and wine had passed ATF (Department of Alcohol, Tobacco, and Firearms) inspection. Phil Henderson, 1998 Chair of Jazz Holiday, said he had donated dock space for offices to Jazz Holiday. The 1 paid staff position will be increased to full time. He reviewed plans to attract a national audience by adding a Seafood Festival and expanding the event to 10 days. Mark Dallara said a protest against Scientology is scheduled for December 5 and 6, in Clearwater. He spoke against their practices. PUBLIC HEARINGS ITEM #8 - Public Hearing & First Reading Ords. #6210-97 & #6213-97 - Annexation & CG Zoning for property located at 2131 NE Coachman Rd., Mosell Acres Sub., part of Lot 2 (Frederick & Camille Hosley, Harvey & Dana Kerstein, A97-12) The applicants have requested annexation and proposed zoning of General Commercial (CG) for 2131 Northeast Coachman Road for non-commercial parking. The applicants own a dental office already in the City and adjacent to the subject property. The applicants acquired the subject property for parking purposes and to possibly expand the dental office. On November 4, 1997, the Planning & Zoning Board unanimously endorsed the request. Al Galbraith, representative, stated the annexation involves a single lot enclave and is voluntary. Commissioner Clark moved to approved the Petition for Annexation and Zoning Atlas Amendment to General Commercial (CG) for part of Lot 2, Mosell Acres Subdivision. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6210-97 for first reading and read it by title only. Commissioner Hooper moved to pass Ordinance #6210-97 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey. "Nays": None. The City Attorney presented Ordinance #6213-97 for first reading and read it by title only. Commissioner Johnson moved to pass Ordinance #6213-97 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey. "Nays": None. Public Hearing - Second Reading Ordinances ITEM #9 - Ord. #6172-97 - Land Use Plan Amendment to Recreation/Open Space for upland area and Preservation for wetland area for property located at 2950 Drew St., Sec. 8-29-16, M&B 44.01; and receive & refer associated site plan for approval by the Development Review Committee (City of Clearwater, LUP97-07) The City Attorney presented Ordinance #6172-97 for second reading and read it by title only. Commissioner Seel moved to pass and adopt Ordinance #6172-97 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey. "Nays": None. ITEM #10 - Ord. #6173-97 - Recreation/Open Space (OS/R) Zoning for southern portion & Preservation (P) Zoning for wetland areas of property located at 2950 Drew St., Sec. 8-29-16, M&B 44.01; and receive & refer associated site plan for approval by the Development Review Committee (City of Clearwater, Z97-08) The City Attorney presented Ordinance #6173-97 for second reading and read it by title only. Commissioner Hooper moved to pass and adopt Ordinance #6173-97 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey. "Nays": None. ITEM #11 - Ord. #6207-97 - Referendum ordinance re proposed lease to Head Start Child Development and Family Services, Inc. The City Attorney presented Ordinance #6207-97 for second reading and read it by title only. In response to a question, she said Head Start has used this facility for almost 30 years. The City Charter requires a referendum to extend the lease since the property once was designated recreation/open space. It was felt the current use of the property is important. Residents were encouraged to support this issue. Commissioner Johnson moved to pass and adopt Ordinance #6207-97 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey. "Nays": None. ITEM #12 - Ord. #6208-97 - Amending Sec. 2.474 of Ch. 2, Div. 5, re Police Officers Pension Plan, Subdivision II, Supplementary Pension and Retirement Plan to revise investment authority The City Attorney presented Ordinance #6208-97 for second reading and read it by title only. It was noted the City does not contribute to this Pension Plan. The change will allow up to 10% of the plan’s funds to be invested in foreign markets. Concern was expressed that employees are aware of this change. Commissioner Hooper moved to pass and adopt Ordinance #6208-97 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey. "Nays": None. ITEM #13 - Ord. #6211-97 - Relating to special events, amending Sec. 22.83 relating to parades to permit parade participants to toss candy, medallions and similar matter The City Attorney presented Ordinance #6211-97 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #6211-97 on second and final reading. The motion was duly seconded. Concern was expressed children had been injured during past parades after running into the street for candy. Upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper and Seel. "Nays": Garvey. Motion carried. ITEM #14 - Ord. #6212-97 - Relating to Environmental Advisory Board, amending Sec. 2.161 relating to officers; amending number of members necessary to constitute quorum The City Attorney presented Ordinance #6212-97 for second reading and read it by title only. Commissioner Seel moved to pass and adopt Ordinance #6212-97 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey. "Nays": None. CITY MANAGER REPORTS CONSENT AGENDA (Items #15-21) - Approved as submitted less #15(2), #20, and #21. ITEM #15 - Approval of Purchases per 10/23/97 memorandum: Voyager Fleet Systems Inc., extension, vehicle fuel, 12/01/97 -12/01/98, estimated $360,000 (GS) ITEM #15(2) - See page 7. ITEM #16 - Approve reappropriation of $102,130 of General Fund operating savings in the Fiscal Year 1996/97 budget to fund specified projects in the current fiscal year (BU) ITEM #17 - Award contract for educational services, Pinellas County School System / Clearwater Adult Education Center, estimated $92,060 (PD) ITEM #18 - Ratify/Confirm C.O.#1 (close-out) for Clearwater Beach Recreation Center floor repairs, JSS Property Professionals, Inc., for $12,718.60, for total cost $37,606.60 (PR) ITEM #19 - Approve Work Order, Post, Buckley, Schuh & Jernigan, development of Pretreatment Ordinance for the City & its implementation, $90,260 (PW) ITEM #20 - See page 8. ITEM #21 - See page 8. Commissioner Johnson moved to approve the Consent Agenda as submitted less Items #15(2), #20, and #21 and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #15(2) - Interprint Web and Sheet Fed, publication of The Clearwater Magazine, $105,600 (IM) The City Manager said the Clearwater Magazine, to be distributed quarterly, is designed to consolidate information the City currently distributes to the public. The magazine will feature a pull-out calendar, community success stories, news about City schools, and highlights of City events. Stories will be coordinated with C-View TV. It was felt the project will educate the public and save money by limiting the distribution of individual department information. It was questioned how the magazine’s success will be monitored. The City Manager said staff is evaluating how to define “success.” He said the magazine will expand distribution of information to the community. Not all residents have access to C-View TV. It was felt a standard to measure success should be established before spending $200,000 on this project. It was noted the St. Petersburg Times already prints the Parks & Recreation schedule each month. It was felt the City should not spend these funds to publish something already printed elsewhere. It was suggested the City could retain editorial integrity and save money by outsourcing the publication. Concern was expressed a private company may print some objectionable advertisements. It was suggested the magazine educate citizens regarding how ad valorem taxes are spent. Gary Benjamin supported the publication of Clearwater Magazine. He recommended tracking citizen reaction via the Internet on the City’s web page. Information Services Director Jeff Harper said the City’s webmaster could transfer articles from the magazine onto the Internet. It was noted that would cost additional staff time. Commissioner Seel moved to award a contract to Interprint Web and Sheet Fed, Clearwater, Florida, for $105,600 for publication of The Clearwater Magazine for distribution to the citizens of Clearwater on a quarterly basis. The motion was duly seconded. Commissioners Johnson, Hooper, Seel and Mayor Garvey voted “Aye”; Commissioner Clark voted “Nay.” Motion carried. ITEM #20 - Contract for tenant build-out at Harborview Center (Pickles Plus Too), Macre Construction, Inc., $158,400; and approve C.O.#1 reducing the total contract to $109,898 (CM) AND ITEM #21 - First Amendment to Lease with Pickles Plus Too, Inc. (CM) On July 15, 1997, a Request for Bid was released for a qualified General Contractor to construct a “deli restaurant” at the Harborview Center. After the sole bidder, Macre Construction submitted a $158,400 bid, staff negotiated a reduction in construction costs to $109,898. The total necessary funding, $120,887.80, includes a 10% contingency. On August 15, 1995, the City and Pickles Plus Too, Inc. entered into a Lease Agreement for a 2,500 square foot, more or less, retail sales area on the Harborview Center’s first floor. The initial term of the lease is for 5 years commencing at such time as the certificate of occupancy and all other required approvals are issued. The amendment includes changes: 1) leased premises - retail sales area to be increased to 2,800 square feet; 2) term - initial term to be increased from 5 years to 6 years, 3 months; and 3) rent - lessee to reimburse City an amount not to exceed $100,000 for the construction costs by paying back 10% annually pro-rated on a monthly basis and payable with the rent. Concern was expressed the lease amendment increases the restaurant’s size by 300 square feet and allows an additional 3 months of free rent. Concern was expressed the restaurateur may close the operation after the first 6 months when the City charges no rent. A date certain for the opening of the restaurant was requested. Assistant City Manager Rick Hedrick noted a time delay had occurred since the original lease was approved. Changes made reflect different market circumstances. The City took an aggressive posture in negotiating the concessions requested. Some delays at the Harborview Center were not due to the restaurateur. Pickles Plus was willing to maintain the size of the restaurant as proposed in the original lease. As the City has no use for the additional 300 square feet, staff recommends incorporating it into the restaurant. In the amendment, the City agrees to pay an additional $25,000 toward construction costs. A year was added to the back end of the lease. The additional 3 months of free rent was granted due to construction delays that postponed the restaurant’s opening until after the holiday season. The three months were added on the back end of the lease. Mr. Hedrick said this lease represents the best terms the City could negotiate to allow the space to be occupied. It was noted the original lease reflected the restaurant would move into the facility in September 1995. It was felt the City cannot be blamed for all delays to this project. Concern was expressed the City is making too many concessions to lease this prime location. The City Attorney will review the lease to confirm the restaurateur cannot move out after 12 months. She said the completion date triggers the obligation of the contract, requiring occupancy. It was noted the delicatessen has had 1-year of free advertising via its sign on the side of the Harborview Center. Commissioner Clark moved to award the contract for Pickles Plus Too construction to Macre Construction, Clearwater, Florida, the sole bidder for $158,400, and approve Change Order #1 which reduces the total contract to $109,898 and that the appropriate officials be authorized to execute same. The motion was duly seconded. Commissioners Johnson, Clark, Hooper, and Mayor Garvey voted “Aye”; Commissioner Seel voted “Nay.” Motion carried. Commissioner Clark moved to approve the First Amendment to the Lease with Pickles Plus Too, Inc., and that the appropriate officials be authorized to execute same. The motion was duly seconded. Commissioners Johnson, Clark, Hooper, and Mayor Garvey voted “Aye”; Commissioner Seel voted “Nay.” Motion carried. OTHER ITEMS ON CITY MANAGER REPORT ITEM #22 - Additional Services request by Post, Buckley, Schuh & Jernigan to update & complete Utility Rate Study, $22,174 (FN) On July 18, 1996, the Commission approved implementation of this study at a cost of $97,526. Completion was delayed due to changes in the CIP (Capital Improvement Program) and the change in City management. Additional funding is needed to update the study for the 3rd quarter amended budget for FY 1996/97 and the preliminary FY 1997/98 budget. It is anticipated Solid Waste rate changes recommended by the study will be implemented on January 1, 1998. Recommended rate changes for Water/Sewer and Stormwater will be presented in April 1998, with implementation anticipated by July 1998. A first quarter budget amendment will provide additional funding for the study from the unappropriated retained earnings of the utility funds: 1) $13,904 - Water & Sewer; 2) $4,135 - Stormwater; 3) $784 - Gas; and 4) $3,351 - Solid Waste. In response to a question, Mr. Baier said liability insurance is included. Commissioner Johnson moved to approve additional services authorization request by Engineer of Record, PBS&J (Post, Buckley, Schuh & Jernigan), to update and complete the Utility Rate Study at a cost of $22,174, and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #23 - First Reading Ord. #6217-97 - Submitting to the City Electors a proposed amendment to the General Employees Pension Plan; amending Div. 3, Sec. 2.399, establishment and operation of Pension Fund, Subsection (c), Powers and Duties of Trustees, relating to investments; providing for a referendum election (FN) The proposed ordinance, containing major changes and minor housekeeping changes to the Employee’s Pension Fund, is based on recommendations by the Investment Committee, Investment Advisor, and Performance Measurement Company and will: 1) lower investment rating for fixed income securities (bonds) from “AA” to “Investment Grade”; 2) allow up to 10% of funds assets to be invested in foreign stock and/or bonds. Currently none is allowed; and 3) increase from 50% to 65%, the amount of fund assets, at cost that can be invested in common stock. Staff will: 1) change fixed income securities to investment quality immediately upon passage by voters. The fixed income portfolio will average “AA” or higher quality rating with some securities rated “A.” The money management companies believe this change will add 0.25 to 0.40 to the Pension Fund’s rate of return on the fixed income portion; 2) not invest in stock or bonds traded on a foreign exchange without Trustee approval; and 3) allow the percentage of the portfolio, at cost, to increase as the market progresses. Staff will not rebalance the portfolio to this higher allowance. These changes all need voter approval. It was requested the ordinance be brought back after language is changed to exclude foreign stocks and bonds. It was noted the economy is now global and language in the proposed ordinance allows the Pension Plan to take advantage of opportunities in foreign markets but does not require that type of investment. It was noted many American pension plans have added similar language. It was felt this amendment provides flexibility when it is needed. Past care used in making conservative Pension Plan investments was noted. Commissioner Seel moved to make changes to the investment restrictions in the Employee’s Pension Fund and to call for a referendum. The motion was duly seconded. Commissioners Clark, Hooper, Seel, and Mayor Garvey voted “Aye”; Commissioner Johnson voted “Nay.” Motion carried. The City Attorney presented Ordinance #6217-97 for first reading and read it by title only. Commissioner Seel moved to pass Ordinance #6217-97 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Clark, Hooper, Seel and Garvey. "Nays": Johnson. Motion carried. ITEM #24 - Lease Agreement, city owned property known as Clearwater Airpark, 1000 N. Hercules Ave., to Clearwater Aircraft, Inc., operate & provide aviation services, five year with 2 consecutive five year renewal options subject to Commission approval prior to expiration of each term (PW) As determined by the RFP selection committee, Clearwater Aircraft, Inc. is the top-ranked candidate to provide aviation services and serve as the FBO (Fixed Base Operator) at Clearwater Airpark. Clearwater Aircraft, Inc., is the current FBO. The City and Clearwater Aircraft, Inc., have negotiated in good faith: 1) monthly rent to increase by $3,400 to $7,450, including net revenue from new airplane T-hangars proportioned 75% to City and 25% to Clearwater Aircraft, Inc., resulting in 84% revenue increase; 2) fuel increase of $0.03 per gallon to $0.06 per gallon for 100% revenue increase; 3) beginning December 1, 1997, Clearwater Aircraft, Inc. to assume Airpark monthly mowing operations for term of lease for $18,700 in annual savings; 4) Clearwater Aircraft, Inc. to comply with ADA (Americans With Disabilities Act) deficiencies at flight operations building; and 5) Clearwater Aircraft, Inc., to provide high level of customer service standards as specified in Lease Agreement. Terms of the proposed Lease Agreement were based, in part, upon data supplied by Hunnicutt/Arnold, Real Estate Appraisal and Consulting Services which completed an appraisal of Clearwater Airpark on November 30, 1995. The Clearwater Airport Authority supports renewing the lease with Clearwater Aircraft, Inc. Staff was complimented for doing a tremendous job in negotiating this contract. It was noted the contract addresses all concerns identified by the Commission. Commissioner Seel moved to approve a 5-year Lease Agreement with 2 consecutive 5-year renewal options subject to City Commission approval prior to the expiration of each 5-year term to Clearwater Aircraft, Inc., of Clearwater, Florida, to operate and provide aviation services and to lease the subject property and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #25 - First Reading Ord. #6215-97 - Relating to schedule for Solid Waste Collection Rates; amending Appendix A, Art. XXV Public Works Fees, Rates and Charges; Sec. (3)(c) Solid Waste Collection Rates (SW) Solid Waste rates have not increased since September 1, 1992. On July 1, 1994, Solid Waste rates were reduced $0.75 per month as Citywide recycling was implemented. Burton & Associates has completed a Solid Waste rate study to cover 5-years of operation. The Burton Rate Study recommends monthly increases: 1) single family residence from $16.30 to $17.29 in 1998, to $18.34 in 1999, to $19.46 in 2000, and to $20.65 in 2001; 2) commercial business or multi-family complexes (3 cubic yards - 2 pickups/week) from $138.66 to $147.12 in 1998, to $156.09 in 1999, to $165.61 in 2000, and to $175.71 in 2001; and 3) large commercial business or multi-family complex (8 cubic yards - 2 pickups/week) from $374.91 to $397.78 in 1998, to $422.04 in 1999, to $447.78 in 2000, and to $475.09 in 2001. Increases are necessary to cover the need for a new computer system for Utility Customer Service billing, the dumpster screening program, and anticipated CPI (Consumer Price Index) increases during the next 5 years. Staff recommends the City Commission approve the recommended rate schedule. On November 13, 1997, the FRC (Fiscal Review Committee) recommended adopting 6.1% annual increases in Solid Waste rates over the next 4 years. In response to a question, Solid Waste Director Bob Brumback said either adopting the FRC recommendation or increasing the rate by 10.733% the first year and 3% in the out years would work. It was noted the City’s Solid Waste department is top-rated. It was felt a 10.73% increase was too large and a lower increase was recommended. Finance Director Margie Simmons said too low of an increase would not provide the Solid Waste Department with an adequate cash flow. She said the multi-year increases of 6.1% would better serve future needs. Concern was expressed the increase not be too substantial as staff will be recommending water and sewer increases in the Spring. It was noted over 4 years, the increase will average $2.64 per residential property. In response to a question, Robert Lockridge, of Burton and Associates, said the department will use cash to purchase replacement barrels, dumpsters, and $155,000 for the utility billing system. It was noted software cannot be obtained through lease/purchase. In response to a question, Ms. Simmons reported the City Commission policy has been for the Solid Waste Department to transfer 4.5% to the General Fund. The City Manager said next fiscal year staff will review all revenue sources. In response to a question, Ms. Simmons said the amount of the increase is due to delays in implementing higher rates. Since last February, the utility billing system and dumpster screening program were added. Mr. Lockridge said projected revenues were lower than anticipated. Ms. Simmons predicted the Solid Waste Department will have a $900,000 deficit without the rate increase. In response to a question, it was stated approval of this rate increase does not approve the dumpster screening program. Mr. Simmons said the City received a bid of approximately $400,000 to correct the year 2000 problem. She said due to current problems with the system, staff could not justify spending a lot of money and not end up with a good system. A system is estimated to cost $1.5-million, which includes implementation, training, software, hardware, etc. The current 7-year old system is not conducive to providing good customer service. Additional information regarding the proposed billing system was requested. Ms. Simmons said the longer the rate increase is prolonged the larger the increase will be. It was suggested the rate increase be delayed until after the management reviews are completed. The City Manager recommended against delaying the increase. He said the management reviews cannot guarantee savings although efficiencies should result. He noted the utility system provides many different services. It was recommended the rate increase be approved for one year only to allow later review. It was suggested management needs to have a long range plan. It was noted staff will report to the City Commission if they find an approved rate increase is not necessary. It was felt the City Commission should not have to review rate increases annually. It was suggested level increases are a preferable alternative. Commissioner Johnson moved to increase Solid Waste rates, and establish a series of four 6.1% increases to the residential and commercial collection rates and that the appropriate officials be authorized to execute same. The motion was duly seconded. Commissioners Johnson, Clark, Hooper, and Mayor Garvey voted “Aye”; Commissioner Seel voted “Nay.” Motion carried. The City Attorney presented Ordinance #6215-97 for first reading and read it by title only. Commissioner Johnson moved to pass Ordinance #6215-97 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper and Garvey. "Nays": Seel. Motion carried. ITEM #26 - Approve additional in-kind contribution of $544 to “Saturday in the City”, bringing total in-kind contributions to $1,708 (CM) On October 16, 1997, the City Commission confirmed co-sponsorship of certain special events, including an in-kind contribution of $1,164 to Saturday in the City for trash removal and a sound system as required. An additional in-kind contribution of $544 has been identified to provide a portable restroom. On November 17, 1997, the CRA (Community Redevelopment Agency) approved a $3,292 cash contribution to Saturday in the City. The overall contribution from the City and CRA equals $5,000. Commissioner Clark moved to approve additional in-kind contribution of $544 to “Saturday in the City,” increasing total in-kind contributions to $1,708 and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #27 - Approve funding criteria for award of sponsorships and charitable contributions and establish funding for same in the amount $50,000 (CM) The FY 1997/98 operating budget includes $105,420 in cash contributions: 1) $34,720 - Fun ‘N Sun Festival; 2) $10,000 - 4th of July Festival; 3) $25,000 - Jazz Holiday; 4) $15,000 - Florida Orchestra; 5) $500 - Partners in Self Sufficiency; 6) $5,500 - Advisory Board Dinner; 7) $1,200 - Sister City Program; 8) $300 - Florida League of Cities; 9) $500 - Delegation Luncheon; 10) $2,000 - Phillies Dinner; 11) $700 - Paint Your Heart Out; and 12) $10,000 - Miscellaneous. New or additional requests for the FY 1997/98 budget year include: 1) Florida Orchestra; 2) Chamber Orchestra; 3) Olympic Sailing Team; 4) Dunedin Arts; 5) Littlest Jazz Band; 6) Bombers; 7) Greenwood Panthers; 8) Saturday in the City; and 9) Greenwood Apartments Free Clinic. Funding of $40,000 will be provided from the $1-million of “vision” funding and $10,000 of miscellaneous funding, for a total of $50,000 for other sponsorships and charitable contributions. Staff recommends the City Commission allocate these funds in January for the projects requesting additional dollars. In December, staff can send a notice to those who have applied and request additional information. To critique and award funding, criteria are suggested: 1) benefit to City - (8 - 10) - entire community, (5 - 7) - sector of community, or (1-4) - specific neighborhood; 2) requested program - (8 - 10) - needs funding for 1-year and will self-support upon completion, (4 - 7) - expands service to Clearwater; or (1-3) - currently serves Clearwater; 3) organization’s proven successes - (8 - 10) - strong history of successful programs, (4 - 7) - limited history of successful programs, or (1-3) - new program or organization; and 4) resulting economic development - (8 - 10) - significant spin off, (4 - 7) - catalyst, or (1-3) - program brings people together. In response to a question, Deputy City Manager Kathy Rice said the City Commission would determine how the funds would be awarded. It was suggested the funding support new programs. In response to a question, Ms. Rice said funding for Military Appreciation Day will be considered during next year’s budget review. She noted the City already donates $100,000 annually to charitable services and distributes CDBG (Community Development Block Grant) funding. In response to a question, she said the City had approved funding for the Florida Orchestra but the organization had come back requesting another $15,000. Ms. Rice recommended being careful to not build up expectations among organizations regarding these funds. It was felt many organizations could qualify for these funds, not just those who had requested additional funds. The City Manager said staff can develop a process to advise qualified organizations regarding the distribution of these funds, including criteria, prioritization, etc. Commissioner Johnson moved to continue Item #27 to a date uncertain. The motion was duly seconded and carried unanimously. ITEM #28 - Other Pending Matters - None. CITY ATTORNEY REPORTS ITEM #29 - Res. #97-64 - Relating to the Money Purchase Pension Plan; approving the declaration of trust of the ICMA Retirement Trust; authorizing the City to serve as trustee under the plan and to invest funds in the ICMA Retirement Trust; designating a certain official as coordinator for the Money Purchase Pension Plan; authorizing execution of administrative agreements by the City Manager The City Attorney presented Resolution #97-64 and read it by title only. Commissioner Hooper moved to pass and adopt Resolution #97-64 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey. "Nays": None. The Commission recessed from 8:19 to 8:33 p.m. ITEM #30 - First Reading - (Cont’d from 11/06/97) Ord. #6205-97 - referendum ordinance re amending City Charter Sec. 2.01(d)(4)(v) to delete referendum requirement for lease of City property with recreation /open space land use designation The City Attorney distributed a list of City properties on leasehold and comprehensive land use plan from 1979 to 1996. She indicated properties affected by the referendum leasing restriction include: 1) Carpenter Field; 2) Clearwater Golf Course by the Airpark; 3) Glen Oaks Golf Course; 4) Clearwater Country Club; 5) Jack Russell Stadium; 6) Head Start at 701 N. Missouri Avenue; 6a) vacant; 7) 400 Pierce Avenue; 8) 301 Seminole Street; and 9) South Beach Pavilion. The City Attorney presented Ordinance #6205-97 for first reading and read it by title only. In response to a question, she said the Charter currently states the City cannot sell, lease, or convey any City-owned property designated as Recreation/Open Space at any time since 1979. Changing the date to November 1989, would eliminate reference to: 1) 400 Pierce Avenue and 2) 301 Seminole Street. Other sections in the Charter limit the sale of certain City-owned properties such as the bluff. The proposed change will permit the renewal of long-standing leases. Commissioner Clark moved to pass Ordinance #6205-97 on first reading. The motion was duly seconded. John Doran expressed concern the City not lease beach property for a hotel for 30 years. The City Attorney said the entire beach is zoned Recreation/Open Space. It was suggested language in the referendum limit the change to current long-standing leases. It was questioned if the City can grandfather current leases only. The City Attorney said the change will limit leases to existing properties, not people. In response to a question, the City Attorney said the referendum would limit the City’s ability to lease a City-owned concession stand but a license agreement, appropriate for short term leases, could be arranged. She suggested the subject properties could be listed for clarity. She also suggested all City-owned parcels zoned Recreation/Open Space be reviewed. In response to a question, she said the City could not lease a parking garage built on a current beach City-owned parking lot without a referendum. The City Manager expressed concern government by referendum has a negative bearing on the local marketplace. He said the market will not wait for the slow referendum process. In response to a question, she said the change would allow a refreshment stand to be built on City-owned beach-front property but not a hotel. Concern was expressed a tower, similar to one proposed previously, ever could be built on City-owned property on Clearwater beach. It was suggested the decision be delayed and the issue be considered during a future referendum. In response to a question, the City Attorney said leases expire on similarly zoned properties soon: 1) Glen Oaks Golf Course - April 1999 and 2) Clearwater Country Club. Concern was expressed the Clearwater Country Club is unwilling to spend $150,000 to improve the club house without assurances their lease will be renewed. In response to concerns, the City Manager said if it is necessary, a Special Meeting could be scheduled to meet the requirements for a second reading. Sheila Cole suggested the language specifically identify all City-owned Recreation/Open Space on Clearwater beach as restricted from future leases without referendum. The City Attorney said exceptions could be made for current properties which are leased. The properties could be identified by legal description. She reiterated the bluff is a separate issue. The City Manager suggested staff again review the proposed ordinance as it could have substantial impacts. Concern was expressed regarding difficulties imposed on organizations leasing properties affected by these restrictions. Commissioner Clark withdrew his motion. The seconder concurred. Item #30 was withdrawn. Issue to be discussed further at the December 1, 1997, Work Session. ITEM #31 - Other City Attorney Items - None. ITEM #32 - City Manager Verbal Reports a) Report re Ft. Lauderdale trip The City Manager reported staff and City Commission members traveled to Ft. Lauderdale on November 7, 1997, to observe that city’s redevelopment of their beach and downtown. Between 10 and 15 years ago, the Ft. Lauderdale community committed to the development of a high quality resort community and identified the need to bond certain projects. The long-term plan focused on ridding the city of its Spring Break image. He suggested Clearwater is where Ft. Lauderdale was 15 years ago. He recommended reviewing other cities’ successful redevelopment efforts. He noted the importance of identifying a direction and involving local residents and developers in the process. He said redeveloping downtown and the beach will require long term efforts and community support. He said a similar trip will be made in December to West Palm Beach. The City Manager was convinced the City can be successful with its efforts. Assistant City Manager Bob Keller noted lessons the City can learn from the experiences of other municipalities. A clear vision is required. Bonds issued in Ft. Lauderdale were used to improve every part of the city. He said catalytic investment of key infrastructure can leverage other development. In Ft. Lauderdale, traffic flow was improved on the beach while virtually all beach parking was moved with metered parking now 2 blocks from the beach. The city’s strategy included regulatory relief. Much of the city’s funding was used to leverage other investment. Development must be market driven. Downtown Ft. Lauderdale’s dramatic changes have been a success story. A museum and art center were built with bonds approved individually by the residents. It was noted the sidewalk cafes are attractive and draw people. It was suggested the City consider expanding the areas where sidewalk cafes are allowed before the Land Development Code is finalized. The staff of the City of Ft. Lauderdale were thanked for their hospitality. ITEM #33 - Other Commission Action a) City Attorney compensation Commissioner Clark moved to approve for City Attorney compensation a 2% salary increase plus $4,800 annual car allowance, 15% deferred compensation, and an annual leave of 35 days with a 90-day cap. The motion was duly seconded and carried unanimously. The City Attorney will prepare an amended contract for the Mayor’s signature. Commissioner Clark appreciated the perceptive suggestions and questions asked him by Oak Grove Middle School students during the Great American Teach-In. He thanked Mr. Tindle’s 6th grade class for the opportunity. Commissioner Clark questioned if the January 12, 1998, Work Session is scheduled to start at 1:00 p.m. Staff will advise. It was noted the Greater Clearwater Chamber of Commerce’s annual meeting is scheduled that day. Commissioner Hooper said the mural project along the Pinellas Trail is progressing slowly. He suggested approving a mural for the former vice building. A new appraisal for the building has been ordered. Consensus was to allow a mural to be painted on the City-owned building as long as an exemption is made to the 5-year requirement to maintain the mural. Commissioner Johnson requested input regarding the Handbook on City Solutions. The City Manager said staff is identifying visible locations where improvements can be made. Commissioner Johnson congratulated Clearwater paramedics for winning the Turner Award. Commissioner Johnson thanked staff for working with the Clearwater Free Clinic regarding the impact fee ordinance. Commissioner Johnson requested staff present information regarding TBRPC (Tampa Bay Regional Planning Council) proposals for economic development. Commissioner Seel expressed concern the Pinellas Trail’s Grand Opening is days away yet the Ice House remains in disrepair. The building’s owner has promised to paint it before the grand opening. Commissioner Seel reported the County-wide traffic timing project is underway. A summary of the last MPO meeting addressing this and other issues has been forwarded to the City Manager. Mayor Garvey has been asked to submit to the Great Floridians’ Program the name of a resident who has made a significant contribution to the community. She challenged Commissioners to propose suggestions. Mayor Garvey requested clarification of a recent letter from Congressman Bill Young. The City Manager indicated the Federal government now provides tighter interpretations regarding the Private Property Implementation Act when a use is changed. Mayor Garvey reported the Tampa Bay Partnership has produced a video encouraging the development of a high-tech corridor along I-4 from Tampa Bay to the Atlantic Ocean. The annual report is available in the City Manager’s Office. Mayor Garvey invited people to attend the Farmer’s Market on Saturday mornings at Station Square Park. Commissioner Johnson said Commissioner Clark’s participation in the Great American Teach-In was inspirational. ITEM #34 - Adjournment The meeting adjourned at 9:52 p.m.