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05/16/1996 (2) ....,:;... ." ' '. , ... . /," "-.,,. .~, ' , ' ,.' .....", , , .' .u"'''''''''''' c 'l.~~\<' .~' ;,(" ~ .. , , ,." < '.' , , " ,~ , . ", ...,,'. . ~ . I '. " ". T .c>o'.... , \ :; COMMISSION City Commission Minutes :'.0 Date ~ /(,) /W{, -!~ /30S- '~ I . . \ '. ~.... l, .' . , '. ' i " ~\<~~~'?' cc~.: ' ~t~d~~~.:, ,,', ~ CITY COMMISSION MEETING CITY OF CLEARWATER May 16, 1996 Present: Rita Garvey J. B. Johnson Robert Clark Ed Hooper Karen Seel Elizabeth M. Deptula Kathy S. Rice William C. Baker Pamela K. Akin Scott Shuford Rich Baier Cynthia E. Goudeau Patricia O. Sullivan Mayor/Commissioner Vice-Mayor/Commissioner Commissioner Commissioner Commissioner City Manager Deputy City Manager Assistant City Manager City Attorney Central Permitting Director Engineering Director City Clerk Board Reporter The Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation was offered by Reverend Dick Church of Calvary Baptist Church. The Mayor led the Pledge of Allegiance. , 'cOll...;i', (i, ) .t~_' To provide continuity for research, items are 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 Emergency Medical Week - May 19 -25, 1996 Safety Awareness Week - June 2 -8, 1996 Public Works Week - May 19 -25, 1996 Safe Boating Week - May 18 -26, 1 996 Small Business Week - June 3 -9, 1996 Proclamations: ITEM # 5- Presentations a) Airport Authority - Annual Report Harry Silcox, Airport Authority Chair, presented the Annual Report. He reviewed the Airpark's history and steps taken to move air traffic away from residential neighborhoods. He thanked the Solid Waste Department for their contributions: 1) shade hangar refurbishment; 2l runway markings; 3l sodding; 4l fuel farm reconstruction; and 5) repaving tie down areas. He noted the transfer of management to the Engineering D,epartment included the following Issues: 1) remediation of old landfill; 2) fixed base \.,) mcc05b.96 1 05/16/96 I , .. . ~ If , ' . '. /.. ','. ~ , operator lease; 3} development of five year plan; 4) construction of new hangers; 5) runway lighting; 6) runway extensions; 7) Civil Air Patrol request for property; 8) upgrade operations building; 9) need for new hangars; and 10) recovery of land from Airpark's west side. ' The ground-breaking for the new hangars will occur in several months. The Airpark Authority is conforming to the Master Plan the City Commission approved in 1989 with minor modifications. He noted the Airpark is home base to more than 100 aircraft and is 72 feet above sea level. Future issues include the CAP leases, operations building refurbishment or rebuilding additional hangars and recovering land from the west side of the Airpark. ITEM #6 - Approval of Minutes Commissioner Johnson moved to approve the minutes of the regular meeting of May 2, 1996, as recorded and submitted in written summation by the City Clerk to each Commissioner, and the special meeting of April 8, 1996, as corrected by the City Clerk. The motion was duly seconded and carried unanimously. ITEM #7 - Citizens to be heard fe items not on the Agenda , John Doran thanked thp. volunteers who participated in the Sparkling Clearwater Clean Up efforts of Clearwater beach. He referred to an October 1975 St. Petersburg Times article regarding parking and traffic on the beach. ~ ~'... ) ...1'.... Kathryn Holm, Florida Orchestra Executive Director, thanked the City Commission for their support and expressed gratitude the Commission will consider increasing their contribution in the upcoming budget. She said the orchestra's problems have not been "fixed." The old debt was paid off last year. Annual fund drives are important as the orchestra raises only half of its revenue from ticket sales. John Slaughter, a 24-season ticket holder, said the Florida Orchestra's skill and performance quality are exceptional for a regional orchestra. He thanked current and past Commissions for their support and encouraged the City to continue and to increase their contributions. He said the Orchestra is a positive force in the community. Ann Strother, President of the Florida Orchestra North Suncoast Guild, thanked the City Commission and noted the importance of local support. She said the Orchestra has programs for everyone. She said the health ot the arts reflects a community's economic health. She requested the City Commission consider increasing their level of funding. David Grice said he moved downtown because of the convenience of living there. He referred to construction plans for a new Winn Dixie grocery store and noted the new store will replace their Highland Avenue location. He expressed concern regarding the impact of increased traffic on the narrow streets in his neighborhood. He requested the City study the impact of this and other proposed downtown development. He requested a member of the Drew and Plaza Park Association be appointed to the new North Greenwood Community Task Team. He recommended cui de sacing Vine Street. i".~1 mcc05b.96 2 05/16/96 , , .. .' ' i ' ,'" . , . " . . I, , r ~ ~~~,:.: . , ~ PUBLIC HEARINGS ITEM #8 - Public Hearing & First Reading Ord. #6029-96 - RPD-16 Zoning for property located approx. 700' North of Gulf to Bay Blvd. & 350' East of Cambridge Dr., Storz Ophthalmic; Inc., Park Place DRI; Lot 2 (less portion zoned Preservation) & Lot 3 (Storz Ophthalmics, Inc., 296-03) and receipt and referral of associated site plan to the ORe This Residential Planned Development zoning request is for a 27-acre parcel in the Park Place DRI (Development of Regional Impact) between Gulf-to-Bay Boulevard and Drew Street, East of US 19N. Under the proposal, the zoning will be amended to a Residential Planned Development "Sixteen" IRPD-16) and 390 apartment units will be constructed. As the property exceeds 25 acres in size, the City Commission needs to receive and refer the associated site plan, and provide final approval of the plan at a future meeting. During initial discussions with the developers, staff established goals: 1) complete construction of Park Place Boulevard between Drew Street and Gulf-to-Bay Boulevard; 2) create a pedestrian environment that facilitates foot traffic between DRI and surrounding land uses; 3) protect and preserve environmental features; and 4) create a "high-end" rental residential environment to meet strong market needs. !t""':' ,.....,.., The proposed site plan meets these goals. The applicant will complete Park Place Boulevard prior to the issuance of COs (Certificates of Occupancy) for the apartment buildings. The proposed pedestrian design and sidewalk construction provide an acceptable balance between access to surroundIng uses and on-site security. Environmental features will be preserved and augmented to the extent possible. The applicant has proposed a site design and type of construction for an exclusive rental residential development. Staff supports establishing a "village" atmosphere for the Park Place DRl that will offer City residents the opportunity to live, work, shop, attend school, and recreate within walking distance in a relatively small area. The applicant also will provide a mast transit "stop." No land use plan amendments are needed immediately pursuant to this development. Prior to the final COs for the project; the applicant will be required to submit requests for amending the land use plan to reflect the residential area created and define the preservation areas. The project is consistent with the development order for the Park Place DR!. The Planning & Zoning Board will review this application. Tim Johnson, representative for the applicant. said this rezoning request is for Residential Planned Development "Sixteen" (RPD-16) for the entire site. This site has been proposed to be sold to a joint venture that plans to build a quality 300-unit apartment complex with fifteen 3-story buildings on par with Bayside Arbors. He noted the last amendment of the Park Place DRI authorized a tradeoff that would allow the apartment complex. Commissioner Clark moved to approve the Petition for Zoning Atlas Amendment to Residential Planned Development "Sixteen" IRPD-16) for Lots 2 and 3; less portion of Lot 2 l--J mcc05b.96 3 05/16/96 ,I .... ~ " . . } ... ~".~' .' , , ' .~:, i::' , . I~ " which is zoned "Preservation, Storz Ophthalmics, Inc., Park Place DR) (Development of Regional Impact) and to receive and refer the associated site plan to the DRC for review. The motion was duly seconded. Bob Gabriel questioned to whom the apartments would be marketed. Architect Don Lange said a\1 markets would be targeted, not just Park Plaza. Upon the vote being taken, the motion was carried unanimously. The City Attorney presented Ordinance #6029-96 for first reading. She noted the ordinance was advertised properly but its title is listed incorrectly. She read the corrected title. Commissioner Clark moved to pass Ordinance #6029-96 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey. "Nays": None. ITEN' #9 - Public Hearing & First Reading Ords. #6024-96 & #6025-96 - Annexation & CG Zoning for property located at 1500 Stevenson Dr., Stevenson's Heights Sub., Blk A, Lot 27 (Baker & Williamson Enterprises. Inc., A96-15) It.,.,,) The applicant has requested annexation and proposed zoning of General Commercial (CG) for 1500 Stevenson Drive to obtain sewer service. The applicants intend to develop this vacant land as a restaurant/office. The proposed use is permitted in CG zoning. Staff will come back later to rezone this property to Infill Commercial (CI) to conform with proposed CI rezoning along Betty Lane. With this request. the Engineering Department recommends the City annex the abutting rights-of-way along Stevenson's Drive. On May 7, 1996, the Planning & Zoning Board unanimously endorsed the request. Commissioner Johnson moved to approve the Petition for Annexation and Zoning Atlas Amendment to General Commercial ICG) for Lot 27, Block A, Stevenson's Height Subdivision. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6024-96 for first reading and read it by title only. Commissioner Johnson moved to pass Ordinance #6024-96 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 116025-96 for first reading and read it by title only. Commissioner Hooper moved to pass Ordinance 116025-96 on first reading. The motion was duly seconded and upon roll call, the vote was: l~ mcc05b.96 4 05/16/96 '. . , . .,' . l . . ~ ' .'. ... , \~ I, ' . ,~ "Ayes": Johnson, Clark, Hooper, Seel and Garvey. "Nays": None. ITEM #10- Public Hearing & First Reading Ords. #6026-96 & #6027-96 - Annexation & RM-B Zoning for property located at 2730 Curlew Rd., Sec. 17-28-16, M&B 31.03 (Burke, Trustee, A96-1 6) The applicant has requested annexation and proposed zoning of Multiple-Family Residential "Eight" for 2730 Curlew Road to obtain sewer service. The subject property is an existing Adult Care Facility with 24 beds. Under City Code, the property will be considered a Level II Group Care Facility allowing a maximum of 20 beds. Staff confirmed Pinellas County Board of Adjustment approval of the request on July 1, 1 987, to increase this facility to 24 beds with a variance to permit this facility on a nonconforming size lot. The subject property and its density will be grandfathered as a legally nonconforming facility. The annexation request is processed in conformity with this density. The applicant is aware the density may be retained but will not be increased if the facility is damaged, destroyed, or reconstructed to an extent equal to or greater than 50% of its appraised value. No conditional use application is required. /,,;,~, ""'If.:1 Sewer service on this site is complicated by the need to obtain an easement across City parkland. The Engineering Department confirmed the City will allow this easement and that sewer service will be available to the applicant after the property's annexation. On May 7, 1996, the Planning & Zoning Board unanimously endorsed the request. Commissioner Clark moved to approve the Petition for Annexation and Zoning Atlas Amenqment to Multiple-Family Residential "Eight" (Rm-B) for Section 17-28-16, M&B 31- 03. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6026-96 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance #6026-96 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 #6027-96 for first reading and read it by title only. Commissioner Seel moved to pass Ordinance #6027-96 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey. "Nays": None. 1--1 mcc05b.96 5 05/1 6196 I ( " . ,~ .'. ~L ~. ......., . ' " '. " ,'1 ITEM U1 1 - Public Hearino & First Reading Ord. #6013.96 . amending Sec. 35.11 Code of Ordinances. to revise definition for variance (LDCA96.04) The definition of "variance" needs to be revised to keep the definition consistent with the standards of variance approval. The Planning & Zoning and Development Code Adjustment Boards unanimously recommended approval. Commissioner Johnson moved to approved the proposed land Development Code amendment establishing a revised definition for variance. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6013-96 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance #6013-96 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark. Hooper, Seel and Garvey. "Nays": None. ITEM #12 - Public Hearino & First Reading Ord. #6046~96 . GTE Cable Franchise (CM) I"",...,) On January 11, 1996, GTE (GTE Media Ventures, Inc.) submitted an application and requested a franchise agreement based on State and Federal law. The ordinance grants the use of City rights"of-way for 10 years. GTE will pay a 5% franchise fee, the highest allowed by law. This rate can be changed lf the law changes or if the City chooses to change the fee by resolution. Upon signing the franchise agreement, GTE will pay a grant of $50.000 to reimburse costs incurred by the City for the services and expenses of granting this franchise or any lawful purpose. Currently Court and Cleveland Streets have no cable service. In addition to public buildings their system passes, GTE will serve: 1) the Municipal Services building; 2) Police Department; 3) Main Fire Station; 4) City Hall; 5) Clearwater Public library; 6) Harborview Center; 7) Pine lias County Utilities Building; 8) Pine/las County Courthouse and buildings at 310 Court Street; and 9) PineJlas County at 440 Court Street. Appendix A describes the system and will require a state-of-the-art system as defined in the area. Appendix 8 describes the general requirements for maintaining the system. Appendix C describes access channels, equipment, facillties, and services. GTE will be required to carry the same channels and programming as required of the current (Time Warner) franchise holder and allows an additional digital channel at City request once GTE provides programming on a digital basis. GTE initially will pay $67,000 for government access equipment and. at the end of 7 years, will pay $50,000 for equipment. Clearwater will use this money to support and provide facilities and equipment for government access programming. GTE will pay the following for public education and government access support: 1) Year 1 - $50,000; 2) Year 2 - $50,000; 3) Year 3 - $75,000; 4) Year 4 ~ $75,000; 5) Year 5 - $75,000; 6) Year 6 - $100,000; 7) Year 7 - $100,000; 8) Year 8 - $100,000; 9) Year 9 - $125,000; ;~ mcc05b.96 6 05/16/96 ~ '. . I .,J " , , , ' , ,. . ~ ,. ~ . I . " and 10) Year 10- $125,000. Payments wlll total $875,000. These funds will be used to support and supplement government and public access in the City program and can be used for maintenance, programming, and to purchase equipment. After the 4th year, GrE can request renegotiation of the amounts and manner in which education and government access is paid if Pinellas County adopts a different model for programming or if GTE has less than 12,500 subscribers. The City reserves the right to negotiate, taking into account it may be appropriate to provide support to the City in addition to any shared costs. Appendix 0 is the Institution NET and the GTE contribution is included in the $50,000 grant referenced above. Appendix E is the Customer Service Standards. These standards are generally consistent with the old Vision Cable standards. Deputy City Manager Kathy Rice believes the presented deal is fair to Clearwater citizens. She indicated reasons for granting the franchise included 1} a favorable economic impact upon private property within the City; 2) a public need for such franchise; 3) adequate capacity of public rights-of-way to accommodate the cable system; 4) little potential for disruption and public inconvenience to existing users and to the public; 5) the financial ability to provide; and 6) other societal interests as are generally considered in cable television franchising. She said the franchisee has the ability to serve the community. , ' " ,." ."'..., Norm Sinel, outside counsel, reviewed his qualifications. He said a decision must' be made within the framework of the 1996 Federal Cable Act which deregulated cable rates and the State statute requiring a "level playing field." The 1992 Federal act addressed competition and rate regulation. It is now unlawful for a municipality to unreasonably withhold granting of a franchise to a second cable company. Rick Wilson, President of GTE Media Ventures, said the proposed GTE fiber optic cable system will attract advanced technical businesses to Clearwater. GTE will provide residents with new product availability. He said competition will increase the number of available services and keep providers "on their toes." He requested the City Commission approve the franchise agreement. Jim Miles, head of GTE's Florida video service operations, said the system is designed to address weaknesses in previous systems. He noted GTE's experience in construction and maintaining fiber optic systems. Arrangements have been made with Channel 3 to provide a direct feed to provide better quality. Before the public is aware, GTE will be able to detect performance problems. Customers will be provided a toll free number and service guarantees with penalties. He noted plans to extend the system downtown to areas currently unserved. A new box will provide subscribers with added control over which programs are viewed. GTE is teaming with Disney to provide value for entertainment dollars and family oriented content. He noted GTE's contributions to local non-profits including Ruth Eckerd Hall, the Long Center and the Salvation Army. GTE will pay franchise fees and provide cable service to schools and public buildings. Mr. Miles '...-J mcc05b.96 7 05/16/96 " i I.' .,11 , . ',' . . " 'to, "\ said 500 new jobs will result. He noted competition will provide customer choice. He said GTE has a good name and reputation. Gerald Doherty, former member of the Pinellas County Task Force for cable TV, advocated competition and noted the advantage of diverse programming options. He said Time Warner controls most of the local satellite reception. He said the viewers would be winners as they would then have a choice. Vic Piano of the Sports and Entertainment network in Largo said without competition it has been difficult for networks to locate cable systems because of the lack of channel capacity. He said an additional cable service will open avenues for new products. Steve Haley said he handles network computing for Mease/Morton Plant hospital and has worked with GTE for years. He appreciates their efforts to bring cable television competition to Clearwater. Based on his experience, he felt approval of the franchise will benefit the entire community. I.::~) Tim Johnson, representative for Time Warner Entertainment-Advance/Newhouse, requested continuing the item for further study. He complained Time Warner Entertainment had not been kept informed regarding City negotiations with GTE. He expressed concern the GTE contract was being presented now when Time Warner had filed for franchise renewal more than two years ago. He said as long as Time Warner did a good job, they had a reasonable expectation to have their franchise renewed. He said Time Warner has spent more than a $1-million on PEG (public access, education, and government) programming which is more than GTE has proposed. He said Time Warner increased the franchise fee to 5% and wired the new Municipal Services building. Mr. Johnson said he knew GTE would be granted a franchise bud did not think the proposed ordinance provides fair competition. He compared the ordinance with the one under which Time Warner is operating. He said the City has made many demands of Time Warner including a requirement to provide cable drops to houses. He said it is not fair GTE could use that drop at Time Warner's expense. He noted GTE can terminate their franchise if they want but Time Warner cannot. He expressed concern there was no provision for a 7-year reopener for GTE. He complained GTE did not have to comply with strict performance standards like Time Warner. He referred to Time Warner's elaborate and expensive local origination programming and said it was unfair GTE is being asked to provide a channel for local programming with no requirement to provide programming. Mr. Johnson said the City Commission will establish lax standards if they approve the item tonight. GTE could reduce public access payments if they are not successful. Time Warner owns and maintains the I-Net while GTE is required only to make a one time payment. Mr. Johnson expressed concern regarding overly broad interconnection requirements and questioned if Time Warner will be required to provide GTE with a free connection. He requested the City Commission direct staff to recommence renewal negotiations, comparing the two contracts, and questioned if the City is getting what it wants. '....O(>J mcc05b.96 8 05/16/96 , I . .... , ' . ' t " " I' '\ Jerry Edgar of GTE said Time Warner has known for a long time that GTE was negotiating to begin cable service in Clearwater. He said the determination of fair payment was based on cost figures provided by Time Warner. He said this is a unique opportunity for the City. Citizens want the benefit of competition. He felt the agreement is fair. He said the City Attorney and staff held GTE's tlfeet to the coals" until GTE capitulated and reached agreement. Mr. Edgar said Time Warner is not willing to agree to the same strict customer service standards. He noted Time Warner has their system up and running while GTE has $85,000 invested in the ground and no way to use it until the agreement is approved. He said that is what Time Warner wants. Ms. Rice agreed Time Warner has known about the negotiations. Commissioner Seel questioned the cost to wire the Municipal Services building and Police Department. Mr. Edgar said GTE made a commitment to extend cable service to downtown and provide free basic cable service to 10 specific buildings. He said the availability of this service will be an added benefit for downtown businesses. He said if the entire agreement is considered, a 'llevel playing field" exists. The City had requested a 7-year reopener from Time Warner because they had requested a 15-year contract. GTE agreed to a 10-year contract. He said Time Warner always has refused to serve downtown. In answer to a question, he said GTE would continue the free service. , ; '" t ..",1 ", Commissioner Seel questioned how GTE determined the size of the first year PEG reimbursement. Mr. Edgar said the reimbursement was negotiated based on figures supplied by Time Warner based on the attributable cost Time Warner is spending on their facilities. The City can use these funds to pay for that support or whatever it chooses to support that cable business. He said the City can make sure Time Warner is treated fairly. In answer to a question, Mr. Edgar said Clearwater.s share of Time Warner's countywide community access is 13.6% based on costs provided by Time Warner. He said GTE is paying more than 50% of the range and Time Warner is making some capital expenditures. Commissioner Seel questioned if GTE can lower its payment. Mr. Edgar said aftar four years, GTE can renegotiate this level of payment if they have less than 12,500 subscribers. He said negotiations with the County are not far along. He hoped the County contract would be modeled after the City.s agreement. He noted Time Warner concerns regarding subscriber drops to homes and noted federal rules establish the point of demarcation. Mr. Edgar indicated GTE does not intend to use Time Warner drops and plans to replace them to maintain a quality signal. John Doran said his last cable bill reflected a 17% increase without a perceptible change in service. He said during the past two years, the cost of his cable service has increased by 37%. Commissioner Seel questioned jf fees can be raised after four years or only lowered. Mr. Edgar said GTE has the ability to reopen discussions regarding fees. Commissioner Hooper questioned who determines if a "level playing field" exists. Mr. Sinel said good faith judgment is required. Time Warner can petition the court if they feel the field is not level. He pointed out a "level playing field" does not require contracts '~ mcc05b.96 9 05/16/96 "", to be identical. He said few cities have had the opportunity to negotiate competing cable contracts. Mr. Sinel said staff believes the proposed agreement passes the test of being fair and a "level playing field." Commissioner Hooper noted it is difficult to determine if the playing field is level when they have seen only half the field. Mr. Sinel said if the City approves the GTE contract, Time Warner will determine how they wish to proceed with their renewal. Both cable companies have sections in their contracts addressing "level playing fields. It He questioned Time Warner's notion that the City owes them the right to participate in GTE negotiations. In answer to a question, Mr. Sinel said GTE would be required to carry the same public access and educational channels and programming as Time Warner. Commissioner Hooper questioned if Time Warner is required to carry local origination programming. The City Attorney said that can no longer be required. In answer to a question, Mr. Sinel said under new rules, subscribers will probably own all inside wiring and wire that extends 12 inches outside the home. Commissioner Hooper Questioned if wiring must be compatible. Mr. Sinel said it appears GTE may have agreed that subscribers own the wiring all the way to the pole. Mr. Edgar said wiring is addressed in Appendix A which includes the Time Warner standards agreed to by GTE. ",~~j Commissioner Johnson agreed the City Commission wants competition but noted the competition must be fair. He Questioned how the Commission can proceed without ecmuthing vvith Vvhi.;i1 lu CUlJlpi:Ht!. Tim iviayor pointed out Time Warner has had lwo years to negotiate a contract. She noted Federal law has changed. Commissioner Seel said besides competition, it is important to consider what is best for the citizens and favorable to the City. She suggested negotiating each contract against the other. Ms. Rice said staff has been meeting with Time Warner but was able to reach an agreement with GTE first. Commissioner Seel moved to continue the item for one month and for staff to negotiate the GTE and Time Warner contracts together. Commissioner Clark questioned when staff last had contact with Time Warner. The City Attorney said recent contact has been via telephone with the general manager and technical staff regarding a number of issues. The last meeting took place in January. Ms. Rice said Time Warner has been reviewing the ordinance and sending responses. Commissioner Seel recommended negotiating both contracts, one against the other. Commissioner Hooper questioned if cable service will be turned off if an agreement with Time Warner is not reached by the deadline. Mr. Sinel said the issue is complicated. Contract renewal is covered by a different set of rules than new franchises and the contracts cannot be negotiated one against the other. The City cannot make Time Warner turn off their system. They can negotiate as long as it takes. Time Warner and GTE have different legal rights. He said staff and Time Warner were not far apart on negotiations. Commissioner Clark questioned if negotiations with Time Warner can be completed within one month. Attorney Johnson said he believed they could. Mayor Garvey recommended passing the ordinance on first reading. Second reading would not be \~ mcc05b.96 10 05/16/96 \' . , , I " ,f' , ' . l 11-.." scheduled for three weeks. She suggested if negotiations witl, Time Warner are not closer by that time, the item could be continued at that time. Commissioner Johnson expressed concern many things regarding the negotiations may not be understood by the City Commission. He felt it was reasonable to continue the item to allow staff and Time Warner to reach agraement. He noted Time Warner is aware of the GTE agreement. Mayor Garvey suggested Time Warner would move faster with negotiations if the City Commission p~ssed the ordinance on first reading. Commissioner Clark suggested once a deal with Time Warner is reached, GTE may wish to amend their agreement. Commissioner Seel questioned if the City would be in legal jeopardy if they pass an ordinance on first reading but not on second. The City Attorney said there is no guarantee. She said staff is not planning to renegotiate GTE's agreement. She indicated if GTE feels the playing field is not level, they can request a renegotiation. The motion was duly seconded. Commissioner Seel amended her motion to continue the item until the June 20, 1996, meeting. The seconder concurred. The Mayor noted the second reading would not occur until late July. Commissioner Seel amended her motion to continue the item until the June 6, 1996. meeting. The seconder concurred. '...~,~ , ,I Upon the vote being taken, Commissioners Johnson, Clark, Hooper and Seel voted "Aye"; Mayor Garvey voted "Nay." Motion carried. The Commission recessed from 8:16 to 8:32 p.m. Public Hearing - Second Reading Ordinances ITEM 1113 - Ord. #6016-96 - Vacating the following alleys in pinecrest Subdivision: all of North/South alleys in Blks 1. 6 & 9; all of EastlWest alleys in Blks 1, 2, 5. 6 & 11; that portion of North/South alley lying West of Lots 1-3 and East of Lot 8 and that portion of the North/South alley lying West of Lot 14 and East of Lots 1 5-17, all being in Blk 2; that portion of North/South alley lying West of Lots 3 & 4 and East of Lot 5 in Blk 11; and the following alleys in Plaza Park Addition Subdivision: EastlWest alley and that portion of the North/South alley lying East of Lots 3-6 and West of the South 45' of Lot 7 and West of tot 11, all being in elk D, subject to all the vacated alleys being retained full width as drainage and utility easements (City; V96-03A) The City Attorney presented Ordinance #6016-96 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #6016-96 on second and final reading. The motion was duly seconded. David Grice requested reassurance that none of the alleys being vacated is paved. Mr. Baier said he did not have that information. 'J mcc05b.S6 11 05/1 6/96 .' . , . . j .. .~,;.. .. .:';.,~..~ F', , -''\ Upon roll call, the vote was: t'Ayes": Johnson, Clark, Hooper, Seel and Garvey ttNays": None. ITEM # 1 4 - Ord. #6018-96 - Annexation for property located at 1612 N. Betty Lane, Stevenson's Heights Sub., Blk B, Lot 14 (Herbert. A96-13) The City Attorney presented Ordinance #6018-96 for second reading and read it by title only. Commissioner Seel moved to pass and adopt Ordinance #6018-96 on second and final reading. The motion was duly seconded and upon roll call, the vote was: l'Ayast<: Johnson. Clark, Hooper, Seel and Garvey "Nays": None. JTEM #15 - Ord. #6019-96 - RS-B Zoning for property located at 1612 N. Betty Lane. Stevenson's Heights Sub., BlkS, Lot 14 (Herbert. A96-13) The City Attorney presented Ordinance #6019-96 for second reading and read it by title only. Commissioner Clark moved to pass and adopt Ordinance #6019-96 on second and final reading. The motion was duly seconded and upon roll call. the vote was: l.,';'} "A yes": Johnson, Clark, Hooper, Seel and Garvey "Nays": None. ITEM #16 - Ord. #6020-96 - Annexation for property located at 2077 Douglas Ave.. Cleardun Sub., Blk A. part of Lots 5-8 (Clement, A96-14) The City Attorney presented Ordinance #6020-96 for second reading and read it by title only. Commissioner Hooper moved to pass and adopt Ordinance #6020-96 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayesll: Johnson, Clark, Hooper, Seel and Garvey "Naystl: None. ITEM U17 - Ord. #6021-96 - RS-B Zoning for property located at 2077 Douglas Ave., Cleardun Sub., Blk A, part of Lots 5-8 (Clement, A96-14) The City Attorney presented Ordinance #6021-96 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #6021-96 on second and final reading. The motion was duly seconded and upon roll call, the vote was: '~ mcc05b.96 12 05/16/96 '\ "Ayes": Johnson, Clark. Hooper, Seel and Garvey "Nays": None. ITEM #18 - Ord. #6022-96 - Vacating North/South alley lying between the N ~ of Lot 14 & the N 'Y.2 of Lot 1, E.A. Marshall's Sub., subject to alley being retained full width as a drainage & utility easement (Multi-Media Video Corp., V96~05) The City Attorney presented Ordinance #6022-96 for second reading and read It by title only. Commissioner Seel moved to pass and adopt Ordinance #6022-96 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 #19 - Soecialltams of widesoread public interest a) Decision ra whether to move Marshall Street AWT Plant prior to direction regarding the location of the storage facility I "'1 """"" Concerns were expressed at the March 26, 1996, meeting at the Martin Luther King Center regarding the Marshall Street AWT (Advanced Wastewater Treatment) Plant's location in the North Greenwood neighborhood. Some problems attributed to its location include: 1) odor; 2) noise; and 3) discharge into Stevenson's Creek. The North Greenwood Association President and Debra Turner had proposed moving the plant. Engineering Director Rich Baier said the CitY's three A WT plants were upgraded in 1990 at a cost of $55-million. He said the treatment plants produce polished water that meets the strongest standards. He estimated relocating the plant would cost between $75-million and $1 DO-million, assuming a location could be found. Commissioner Johnson noted this issue has been addressed several times. He felt moving the plant was out of the question because of costs and other considerations. Commissioner Johnson moved to not relocate the Marshall Street Advanced Wastewater Treatment Plant. The motion was duly seconded and carried unanimously. bl Reclaimed Water - Direction regarding the location of the storage facility The City Commission previously voted to proceed with the reclaimed water project. Benefits include: 1 I preservation of the Florida ecosystem; 2) reduction of nitrogen loading upon the City's water courses; and 31 reduction of the City's dependency for potable water, thereby protecting the City's new housing start programs. Tho location and type of storage addresses the City's long term needs as defined in the Comprehensive Growth Plan and community needs. Mr. Baier provided a matrix .'..J mcc05b.96 13 05/16/96 . +,1 . , . " ' . .. ~. .' . . " t . ""'\ representing a diverse number of locations which addresses: 1) tho functionality of the overall system; 2) aesthetic concerns; 31 constructobility issues related to groundwater contamination, water table, etc.; 4) operating and maintenance costs on an annualized basis; 5) capital costs inclusive of land purchaso; and 6) adjacent land use compatibility. The reclaimed water storage analysis considered storage tanks at: 1) Marshall Street; 2) downtown; 3) Island Estates; 4) the gas plant on Myrtle; 5) Parks & Recreation site on Vine Avenue; and 6) Betty Lane area. The analysis also contemplated open ponds at; 1) Marshall Street; 2) downtown; and 3) Island Estatos. After visiting wastewater treatment facilities in Tarpons Springs, Pinellas County, and Largo, Mr. Baier recommended constructing a storage tank adjacent to the Marshall Street facility. He supported the implementation of the City Manager's suggestion for a Citizen Task Force to address: 1) community input regarding the appearance of the proposed facility; 2) recreational needs of the North Greenwood community; 3) noise concerns; and 4) Stevenson's Creek dredging and odor; etc. l,::~.~ Mr. Baier said staff needs direction regarding locating tho storage tanks for reclaimed water. He said an open pond on the,golf course at Clearwater Country Club would require too much land. The Northwest corner of the Gas facility site would be favorable but a pump station and transmission mains are expensive. He noted the Parks & Recreation Vine Avenue property is narrow and would require constructing a taller and more expensive water tank. He said locating the tank downtown would have negative economic impacts. The topography of the Island Estatos site on Windward Passage would not provide the opportunity to ~hield the tank with berms or trees. Mr. Baier said the original recommendation was to construct two 5-million gallon tanks. He said one 5-million gallon tank would be feasible if an interconnect with the NE plant is constructed. He said reclaimed water would provide a 2.5-million gallon a day offset of potable water use and save the City $6,000 a month in the water bill. Providing reclaimed water on Island Estates is the first phase of the City's reclaimed water project. Neighborhoods located by transmission mains can petition the City for service. Mr. Baier presented a computer enhancement of how the tank would look at the Marshall Street location which was originally proposed. He noted Largo recently located a 5-million gallon tank close to a residential area. Screening the tank with a berm and terraced landscaping would cost approximately 10% of the tank's cost. The City has received a verbal commitment for some funding from SWFWMD. Reclaimed water customers will be charged $18 per month. Nitrogen discharges would be reduced by 1.5 tons per month. The EAB (Environmental Advisory Board) favors the use of reclaimed water. Mr. Baier displayed a 1929 view of the old sludge farm and septic tanks at the Marshall Street location. He presented a 1942 aerial view of the plant located outside City limits. The 1954 aerial view of the plant shows the sludge drying areas. A 1968 aerial view shows only a couple of houses were located on Harbor Drive. At that time, the Marshall Street site included the water treatment plant and solid waste incineration complex. He said additional funding will be needed if project costs increase abovo $4.6- "~..J mcc05b.96 14 05/16/96 , , ' . '.... , , .' ': ' . ~ . . ", '.' .'\ ! million., The Mayor noted the Marshall Street plant existed before the area houses were constructed. Commissioner Seel questioned the source for additional funding. Mr. Baier suggested the City could sell the HiIIsborough sludge farm property. In answer to a question. the City Manager said proceeds from the sale of that property would have to go to the water fund. Other funding options include using some of the surplus funds in the water fund or a slight increase in City-wide rates. Commissioner Clark referred to the fairly mature trees illustrated in the computer generated pictures and questioned if the City can replace them at a reasonable cost. Mr. Baier said the proposed costs are high because plans are to plant very mature trees on top of a 15 to 20 foot berm. Lucius Pitts said he would like to see a current aerial view that included the homes that now exist. He expressed concern computer models of the other locations had not boen produced. He suggested if Island Estates wants reclaimed water the plant should be located there. He said the City is asking the North Greenwood community to allow additional construction that will devalue their properties. He felt the City Commission should be looking for a way to move the Marshall Street AWT plant. He believed the City historically grants requests made for a particular neighborhood. ,'.") '\~ Debra Turner said she did not want another waste site in the neighborhood. She questioned the rush to reach a decision and noted SWFWMD's June 1 deadline is for funding and has nothing to do with the tank's location. She said she is fighting for the livelihood of the community. Sheila Cole noted the plant is already located there and the tank will hold cleaned water. She said if she lived in the neighborhood, she would accept the City's assurances that the tank will not be obtrusive if that would save the City more than $1-million. She suggested investing some of the savings in the community. David Grice Questioned if a pond, rather than the tank. could be built at the Marshall Street plant or downtown. Mr. Baier agreed a pond could be built. Mr. Grice recommended combining the pond with the downtown lake or locating it on the Country Club property. He was flabbergasted so few options were proposed. He felt a pond would improve the environment. He objected to locating the tanks downtown or in North Greenwood. He pointed out the project will save Island Estates' residents money on their water bills. He noted residents in his blighted area cannot afford to water their lawns. He recommended against building tanks anywhere. Mr. Baier said the drawbacks of locating an open pond at Court/Chestnut and Prospect relate to high maintenance costs and the need to acquire additional property. Mayor Garvey noted a decision has not been made regarding the downtown lake. She said locating the pond on the Country Club property is not favorable because of the large sized lake that would be required. Mr. Baier said the drawback of open storage of reclaimed water is the resulting aquatic area would require a great deal of labor and money to maintain. Cherry Harris said this proposal is disgusting for her community. She recommended whatever is decided. the tank should not be located at the Marshall Street plant. She said '~ mcc05b.96 15 05/16/96 , . ' '. . .'. . ,,". 1 , ' ,.' -", it Stevenson's Creek was cleaned, the City would not have an area odor problem. Mr. Baier said the testing of the creek's bottom area was just completed. The City recently purchased odor control devises and staff is pursuIng enclosing the inflow lines. Bernard Dixon said community members are voicing the same sentiments but no one seems to listen. He recommended the City Commission listen to the community's opinions. He felt things not wanted or needed in other areas of the City are pushed on his community. He questioned if Commission members would allow their children to play in this type of location. He said as his community grows. the smell and trash increase and the relationship with the City does not improve. He suggested the City Commission think of the whole community when they make a decision. Willa Carson questioned if tanks already exist in the Hercules area. Mr. Baier did not think that was so. Ms. Carson suggested relocating the plant to an area where there are no homes. She said most residents moved to the neighborhood when the sanitation plant was there but there were no tanks and odors. She said odors still were noticeable last night. She wanted to protect her community and did not want anything else located there. She noted Commissioner Hooper had visited the neighborhood, and questioned if any other Commissioners had been in the neighborhood at night. Mayor Garvey said she has been there many times. Commissioners Johnson, Clark, and Seel indicated they had been there in the evening. ,~;:> Mayor Garvey said Commission members are listening and reviewing the provided information. The Commission needs to consider the whole City. She clarified the holding tank is for clean, not dirty water. Commissioner Johnson said he has visited the area several times and appreciates the concerns expressed. He said the Commission looks at the community as a whole and tries to do what is best for the City. He said after considering all the alternatives, he felt the tank is needed and he could not justify placing it elsewhere. He reiterated the tank will hold clean water. Reclaimed water is needed and will be available in many areas. He said the decision is tough. He will continue to visit the neighborhood. He hoped the tank would be well camouflaged by landscaping. He appreciated the kindness of the community tonight. Commissioner Clark said it is very unfortunate homes are located near the AWT. He noted the City originally constructed the plant when there were no homes. He said this issue is similar to neighbors of the Airpark where houses were built near the runway. He felt no neighborhood is free of problems. He said the whole community must be considered. He supported locating the tank by the Marshall Street plant. Commissioner Seel questioned if locating the tank on the site of the old gas plant would involve additional cost due to the on-site residue from coal. Mr. Baier said if the tank is located upstream of the water flow, there should be no problem regarding the coal tar. Mayor Garvey noted the City already is on notice that a major cleanup would be required if anything is built on that site. Mr. Baier said staff does not know the extent of the pollution there. ~ '>fIf.1 mcc05b.96 16 05/16/96 , , , " . , I . I" " ~ ," . ~. '. Commissioner Hooper said he has spent a great deal of time on this issue. He has noticed the odor. He said he recently visited the family across the street from where the "eternal flame" burns who expressed concern regarding noise from truck traffic to and from the plant during the night. He recommended reviewing this family's concerns which will not be addressed with a chain link fence and the location of a tank within 10 feet of the street. Commissioner Hooper said reclaimed water has no smell or sediment. He noted his earlier opposition to this expansion and his support of locating the lake on the Country Club property. He said he had reviewed every proposed site. Although he opposed expanding the plant, he could not justify spending an additional $900,000 to locate it elsewhere. He expressed interest in addressing the issues of the treatment plant and indicated he supports the Marshall Street tank. Mayor Garvey said the City Commission needs to look at the future of potable drinking water which reclaimed water will help address. She said the immediate and long term costs must be considered. t:.,~) Commissioner Clark moved to locate the 5-million gallon reclaimed water tank at the Marshall Street Advanced Wastewater Treatment plant. The motion was duly seconded. Commissioner Seel said she wished to continue addressing problems regarding aesthetics, odor, and Stevenson1s Creek. Mr. Baier said a visual aesthetic project for the Marshall Street Plant is included in next year's CIP. The Mayor noted the City has been spending a great deal of money in the North Greenwood neighborhood. Upon the vote being taken, the motion carried unanimously. Cherry Harris said she hoped the City Commission addresses Stevenson's Creek. She felt the creek creates most of the problem. Commissioners Johnson and Seel said that issue will not be forgotten. CITY MANAGER REPORTS CONSENT AGENDA (Items 1120~33) ~ less Items #24, #29, and 1132 ITEM #20 - Declare personal prooertv surolus to City needs; authorize disposal through Tampa Machinery Auction, Tampa, FL (FNl ..~ mcc05b.96 17 05/16/96 . - .'. ,'. . -,,, ' . . '. , , , '...\ ITEM #2' ~ Purchase Qf hiah density black oolvethvlene oioe fittings to: Equipment Controls, Norcross, GA, at an estimated $34,200; M. T. Deason Co., Birmingham, AL, at an estimated $89,045; Perfection Corp., Madison, OH, at an estimated $18,367; & Uponor Aldyl Co., Shawnee, OK, at an estimated $8.100. for the period 05/17/96 ~ 05/16/97, for a total estimated $149,712 (GAS) ITEM #22 - Aoorove orooosal from Mevers & Associates, Inc., Largo, FL, to bioremediate the clean up of groundwater contamination at the Berry property located at 107 Harrison Ave., 8elleair Beach, FL, at an estimated $52,060 (GAS) ITEM #23 - Hire additional Librarv Assistant for Countryside Branch, effective 07/01/96 (annual cost $22,285) (LIB) ITEM 1124 - See Page 19. ITEM #25 - Aqreement with School Board of PineUas County for the City to utilize Pinenas County School buses, for the period 06/01/96 -05/31/97, at a cost of $0.90 per mile plus $12.50 per hour, for a total estimated $8,800 (PR) ITEM #26 ~ "Adoot-a-Park AQreement" with Pinch~a~Pennv. Inc., relating to donation of landscape services to the median located at intersection of Court & Chestnut Streets; authorize City Manager to enter into & execute similar Adopt-a~Park Agreements with other organizations or businesses in the future (PR) ,,"~i ~ ITEM #27 ~ Amendment to Agreement with SWFWMO for Coopers Point Habitat Restoration and Management to allow SWFWMD to reimburse the City for work performed under the agreement (EN) ITEM #28 - Agreement with FOEP for funding Coopers Point Restoration and Management, in the amount $50,000 {EN} ITEM #29 - See Paoe 1 9. ITEM #30 - Contract for Soule Road Parl< to Kevstone Excavators. Inc., Oldsmar, FL. for $128.739.28 (EN) ITEM #31 - Aoorove Enqineer of Record Contract Work Order to Post. Buckley, Schuh, and Jernigan, Inc., to implement the Clearwater Harbor Three Year Monitoring Program, for an amount not to exceed $193,318 (EN) ITEM #32 - See Paoe 19. ITEM #33 - Sidewalk Easement - portion of Lot 4, E. A. Marshall's Sub. of Lots 4 & 5 of Lesley's Sub. (Multi~Media Distribution Corp.' (CA) '....J mcc05b.96 18 05/16/96 . - . , ' . = .". ~ " ,,~,:". . + ...... , . +. . ' : .. . . '.. .', + ", Commissioner Johnson moved to approve the Consent Agenda as submitted less I Items 1/24, #29, and #32 and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #24 - Hire 2 full-time police service technicians to orovide guard service for the Main Library & surrounding Coachman Park area for 70 hours per week. to be effective 08/15/96, when contract with National Building Maintenance, Inc. expires {LIB} Since 1991, National Building Maintenance, Inc. has provided 46 hours per week of security guard services for the Main Library, at an annual cost of $15,840. The guards do not have the police training or radio access provided by Clearwater's uniformed police technicians. The Clearwater Police Department hires and trains Police service technicians. Their training and radio contact will provide more professional and efficient responses to problems caused by library customers, street people, and Coachman Park visitors. Current annual cost for the two positions is $50,377.88, including benefits. Salary and benefit costs for the three pay periods remaining in 1995/96 will be $5,813 plus $1,200 for two sets of uniforms and $5,500 for two rechargeable radios. , '''~.\ ,,~I Commissioner Clark expressed concern this item represents a significant increase in the cost of Library security services. He believes the real problem at the Main Library is outside the library. He noted the Police Department had indicated the City cannot address these problems and questioned why increase expenses if those issues cannot be resolved. He recommended staff look for a security company. Mayor Garvey noted the proposed police technicians could monitor the perimeter of the library. Commissioner Seel recommended staff develop a RFP (Request for Proposall with standards of approval and try a security company for one year. Commissioner Clark moved to continue Item 1124 until June 6, 1996. The motion was duly seconded and carried unanimously. I \ i ' ITEM J/29 - Contract through a Purchase Order for removal of Brazilian pepper at Cooper's Point to Stan Cisilski, Inc., St. Petersburg, FL, for $66,700 (EN) The City Manager requested this item be pulled. ITEM #32 - Authorize establishment of North Greenwood Community Task Team & appointments of: MacArthur Boykin, Bertha Kelley, Muhammed Abdur-Rahim, Debra Turner, Mayme Hodges, Pearl Johnson, Reverend William Graham, & Joe Marshall (EN) Mayor Garvey noted some of the individuals recommended for appointments had indicated an unwillingness to serve. David Grice reiterated his rsquest that a member of the Plaza Park community be included on the Task Team. Staff will contact him for name(s). I...J mcc05b.96 19 05/16/96 , . . ~ , .. , ,." ' ~ ~', . ,; i:~:" " Commissioner Johnson moved to appoint MacArthur Boykin, Bertha Kelley, Mayme Hodgesl Reverend William Graham, and Joe Marshall to the North Greenwood Community Task Team. The motion was duly seconded. Staff was requested to contact the appointed members for additional names. Upon the vote being taken, the motion carried unanimously. OTHER ITEMS ON CITY MANAGER REPORT ITEM #34 - Res. #9640 - confirming the projects of Clearwater Neighborhood Housing Services, Inc., a non-profit organization chartered in the State of Florida and based in Clearwater, Florida are consistent with and in compliance with the City's local plans and regulations, including the City's adopted comprehensive plan (application with Florida Dept. of Commerce for acceptance in the Community Contribution Tax Incentive Program by CNHS, Inc.) (ED) Commissioner Clark moved to confirm that Clearwater Neighborhood Housing Services complies with Clearwater's Comprehensive Plan. The motion was duly seconded and carried unanimously. I :""~'\ ~.,I The City Attorney presented Resolution #96-40 and read it by title only. Commissioner Clark moved to pass and adopt Resolution 1196-40 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: tlAyes": Johnson, Clark, Hooper, Seel and Garvey "Nays": None. ITEM #35 - Res. #96-36 - providing for approval of the form of Assumption Agreement in connection with transfer of ownership of Drew Gardens Apartments (FN) Commissioner Johnson moved to approve the form of Assumption Agreement in connection with the transfer of ownership of Drew Gardens Apartments and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #96-36 and read it by title only. Commissioner Johnson moved to pass and adopt Resolution //96-36 and authorize the appropriate officials to execute same. The motion was duly seconded and upon rol/ call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey "Nays": None. !~ mcc05b.96 20 05/16/96 . "'. , '. 110 . . \ . I_,le e ~ '\ ITEM /f3G - Res. #96-37 - approving lease #520010893 with the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida of sovereign submerged lands beneath Pier 60 in Sec. 8-29-15, containing 14,450 sq. ft., m.o.l.. retroactively commencing 4/1/96 for a term of 5 years, with the initial year annual lease fee of $2,164.61 having been paid, adjustable annually thereafter with the CPI (all items) average for the previous 5 years, along with all other terms and conditions defined therein (EN) On Januar)1 22. 1993, the City entered into a 5-year Sovereignty Submerged Lands Lease with the Board of Trustees of IITF (Internal Improvement Trust Fund) that commenced April 1, 1991. and terminated March 31, 1996. The lease premises underlay the Pier 60 footprint on Clearwater beach and include 14,450 square feet, more or less, of State bottom lands and the vertical water column rising to the surface. On December 6, 1995. the City Manager provided timely written notice to the State ,Bureau of Submerged lands and Preserves of the City's interest in renewing the subject lease. The 5-year renewal lease document arrived at the City on April 15, 1996. Although certain lease provisions have been renumbered and the language of certain conditions expanded from the previous document, the lease is substantially unchanged except for the 21 % increase in the initial year annual lease fee from the ,1991 fee, the increase being determined as prescribed in Title 18. Chapter 21.011, Florida Administrative Code. i "."\ I, ,~.-/f Commissioner Hooper moved to approve lease number 520010893 with the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida of sovereign submerged lands beneath Pier 60 in Section 8, Township 29 South, Range 15 East, containing 14,450 square feet. more or less, retroactively commencing April 1. 1996 for a term of five years, with the initial year annual lease fee of $2,164.61 having been paid, adjustable annually thereafter with the Consumer Price Index (All Items) average for the previous five years, along with all other terms and conditions defined therein, and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #96-37 and read it by title only. Commissioner Hooper moved to pass and adopt Resolution #96-37 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 9:57 to 10:11 p.m. ITEM 1137 - Clearwater Gas System a) Approve concept Clearwater Gas System Strategic Business Plan Update covering 7 year period. 1995-2002; approve concept projected Gas System Revenue Bonding requirements of $40.5 million over this period in order to increase number of customers by 9,820 in Pinellas & Pasco Counties by the year 2002 (GAS) I ""di mcc05b.96 21 05/16/96 " CGS (Clearwater Gas System) is well positioned for growth in the existing northern Pinellas County service area and to expand into southwestern Pasco County. CGS' territorial dispute was settled and an expanded service area in southwestern Pasco County was established which nearly doubled eGS' service territory. Municipal franchises in Pasco County have been secured. This growth opportunity will be enhanced by an increasing natural gas supply into West Florida, enhancements in natural gas technology, a price advantage with other energy sources, and governmental environmental regulations. Staff recommends the City Commission support three aggressive strategic opportunities: 1) accelerate existing gas services in Pinellas County to add more than 5,300 customers by 2002 with a level of services commensurate with CGS' customers' current demands; 2} expand existing gas services into Pasco County to add nearly 4,500 customers by 2002 in this new territory; and 3) develop new gas markets to expand CGS services into new high tech gas market opportunities such as Natural Gas Air Conditioning. Managing Director Chuck Warrington reported CGS was ranked # 1 in the nation for top sales of gas air conditioners. He said successes to date include: 1) in Pine lias County providing service to 15 subdivsions and connecting 1,854 new customers; 2) in Pasco County receiving FPSC (Florida Public Service Commission) territorial approval and court bond validation; obtaining interlocal agreements for New Port Richey and Port Richey franchises, and installing 9.4 miles of gas trunk line main; and 3) addressing new gas markets by sales of 15 triathlons and one 1,225-ton air conditioning unit. . .~,..} Mr. Warrington said future strategic opportunities include: 1) in Pinellas County, adding 5,300 customers by 2002 which will require $21-million in capital expenditure and will increase NFE (non-fuel revenues) by $3.1-million to $10. 1-million per year; 2) in Pasco County, adding 117 miles of main to add 4,500 customers which will require $19.5-million in capital expenditure and will generate NFE by $ 2.6-million; and 3) promote gas air- conditioning and other high tech markets in Pinellas and Pasco counties. Mr. Warrington reviewed CGS' strategic summary which includes increasing customers by 10,000 customers to 22,500 by 2002 using the existing level of 96 employees, investing $40.5-million in capital, increasing NFE revenues by $5.8-million to $12. a-million/year, and increasing transfer pa yments to the City to $ 3. 5-miflion/year. Mr. Warrington reviewed key approval issues for the Commission for the strategic plan: 1) approve in concept the 1995-2002 CGS Strategic Plan Update; 2) approve in concept the $40.5-million in Gas System Revenue Bonding requirements over the next 7 years to 2002; and 3) approve in concept the 1996A Gas System Revenue Bond Issue in the amount of $9.7-million to be sold in June/July 1996. Commissioner Johnson questioned why CGS cannot wait on additional bonding. Mr. Warrington said staff will not request the additional funds for several years. He hoped eGS will perform better than the plan and not need to borrow the full amount. He said he is just asking the plan be approved in concept. '~ mcc05b.96 22 05/16/96 ''', Commissioner Seel questioned how the Commission can approve the Strategic Plan without knowing the financial figures on the current expansion. Mr. Warrington said staff has laid out a year by year projection and indicated they are ahead of the plan for this year. Commissioner Seel noted the FRC (Finance Review Committee) had posed many questions that morning. Mr. Warrington said staff presented the plan to the FRC last week and held a feedback session today. He said another FRC meeting is planned to establish recommendations for the City Commission. He said the committee had a number of discussions on rates of return and if CGS was achieving results. In answer to a question he noted the P&L (Profit and Loss statement) is in the Strategic Plan. Commissioner Johnson moved to approve in concept the Clearwater Gas System Strategic Business Plan Update covering the seven year period of 1995- 02 and approve in concept projected Gas System Revenue Bonding requirements of $40.5-million over this period in order to increase the number of customers by 9,820 in Pinellas and Pasco counties by the year 2002, and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. b) Approve Commission policy changes re Gas System's Utility Support & Interfund Administrative Charge contributions to City's General Fund; First Reading Ord. #6023-96 - approving new gas utility rate~ to become effective for all billings rendered on or after 10/01/96, and incorporating subsequent changes to become effective for billings rendered on or after 10101/97 (GAS) .' ) "._~ Mr. Warrington said some adjustments were needed in multiwfamily rates. Commercial rates will need to be increased rather than decreased. He pointed out residential rates still will be less than electric rates. He noted the medium general service rate remains lower than electricity. The new rates will more closely reflect the true cost of service, will assure the future health and growth potential of the system, and will assure an adequate financial return for the City from the gas system. Mr. Warrington recommended the following policy changes: 1) fix CGS dividend and payments in !leu of taxes (franchise) to total $1,508,720; 2) remove the booking of future dividend credits; and 3) let interfund administrative charges for CGS, which previously were frozen, grow with City salary increases. Commissioner See I questioned where Coopers and Lybrand got their figures. Mr. Warrington said CGS previously had an antiquated rate system. An attempt was made to rank different companies into appropriate classes. Some resulting categories were not accurate. After billing for seven months, CGS has accurate data. In answer to a question, the City Manager indicated CGS receives an annual financial audit. Commissioner Johnson noted the error was not the fault of one group. Mr. Warrington said rates were established by a cooperative effort. CGS' computer system does not permit staff to run two sets of rates in tandem. Commissioner Johnson questioned if a consultant has ever reviewed eGs' operation. Mr. Warrington said a consultant review was completed several years ago before his tenure. Commissioner Seel suggested it would be reasonable to contract a \.~ mcc05b.96 23 05f16/96 . ", , . ' . ' 01-" ",;. '. ~ ~ ' -... management/operational audit. Mr. Warrington agreed one should be done over time. Commissioner Seel said she was reluctant to approve new rates without knowing the results of a recent audit. Mr. Warrington said eGS is in the middle of a Strategic Plan initiated in 1993 and is on track with customer growth. Commissioner Seel questioned CGS. rate of return. Mr. Warrington said according to the formula of dividing net income by net assets, the rate of return in 7.5 % and projected to increase to 18 % by the end of the strategic plan. He felt the classic definition of rate of return should include some administration charges, etc. He suggested many other financial indicators also must be considered. Commissioner Seel noted CGS spent $1-million in marketing; $2,000 per customer hook-up. She questioned if CGS has a marketing plan. Mr. Warrington said eGS considers the Strategic Plan as the marketing plan. He said this year the markf?lting director has been asked to develop a 3-year plan. He said CGS is doing well with their marketing when compared with other utilities in the State. He expected 6 or 7 marketing programs will be implemented prior to the new fiscal year. ' Commissioner Seel questioned how eGS performs in comparison with investor owned gas companies. Mr. Warrington said CGS is tremendously ahead. He noted investor owned gas companies do not invest in residential markets. CGS handles as many commercial accounts as they can. In answer to a question, Mr. Warrington said 65% of CGS' revenues are from commercial accounts, 7% from interruptible accounts, and 28% from residential customers. He noted eGS' goals not only address the number of customers but also the number of therms sold, etc. '".1') Commissioner Seel questioned how long a management study would take to complete. The City Manager indicated it was difficult to provide an immediate estimate. Commissioner Clark questioned if a "Big 811 firm would handle the study. The City Manager said staff would recommend a firm that specializes in gas systems. Commissioner Seel recommended hiring a firm that usually does not deal with municipal systems. In answer to a question, Mr. Warrington said marketing expenses include the cost of appliance purchases. Commissioner Clark expressed concern marketing expenses includes $360,000 for the purchase of goods. He felt the numbers were not valid. In answer to a question, Mr. Warrington indicated marketing expenses also include the cost to renovate the Campus Walk showroom. Commissioner Seel questioned if CGS will continue to have customers sign up after rates are increased. Mr. Warrington said they would because gas rates are still less than half the cost of electricity. Commissioner Seel questioned how many Pasco subdivisions have converted to natural gas. Mr. Warrington said one subdivision was placed in service this week. He said they are selling the service to subdivisions as the gas main is extended. He noted the Strategic Plan is based on also connecting commercial customers along the gas main. Currently, 70 Pasco residential customers have signed on for service. He said eGS is adding LP customers and noted most residences in the subdivision purchase propane gas l'o~ mcc05b.96 24 05/16/96 I .' I, ~. .. . J. . " t . , ~..., '. from a myriad of companies. He predicted those residences will be converting to natural gas. Commissioner Johnson noted all Commission members have concerns regarding CGS. Commissioner Hooper said he did not want to stop CGS in their progress but agreed the City Commission needs to be certain CGS is doing business in the best possible manner. Mr. Warrington said CGS has implemented its program based on the last consultant's recommendations. He reiterated CGS has the top gas airwconditioning sales in the country. The City Manager Questioned what should be looked for in obtaining someone to review the eGs' Strategic Plan. Commissioner Seel recommended ordering a full operational audit. Commissioner Clark agreed. Commissioner Seel felt the City Commission needs to be certain CGS is doing the right thing before they proceed. Commissioner Seel moved to request a RFP to proceed with an operational study of the Clearwater Gas System. The motion was duly seconded. Mayor Garvey recommended the City Manager come back with a proposal for the operational study. In answer to a question, Mr. Warrington said the Strategic Plan was a definitive goal plan and not just a conept. I..~~' ) Finance Director Margie Simmons said before more bonds can be issued, staff must come back for City Commission approval. She said the bonds are to reimburse monies borrowed from the cash pool for CGS expenses previously approved by the City Commission. The City Manager noted staff plans to sell $9.7-million in bonds in July out of the $26-million originally issued. She said staff will come back to the City Commission to sell the remainder of the $26 million in bonds before going any further. Mayor Garvey again recommended the City Manager come back with a proposal for an operational audit. Commissioner Seel amended her motion to direct staff to go forward with a management study. The seconder concurred. Upon the vote being taken, the motion carried unanimously. Commissioner Clark moved to approve new gas utility rates to become effective for all billings rendered on or after October', 1996, and incorporating subsequent changes to become effective for billings rendered on or after October " 1997, and approve Commission policy changes regarding the Gas System's Utility Support and Interfund Administrative Charge contributions to the City's General Fund, and that the appropriate officials be authorized to execute same. Tho motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6023-96 for first reading and read it by title only. Commissioner Hooper moved to pass Ordinance #6023-96 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey. \"f!l't'1 mcc05b.96 25 05/16/96 , .' .' . ~. ' II, ~ . . ~ , ,...' . ~., I' .'~ . ~, ,,' '~., :..." \ '.... I "Nays": None. c) First Reading Ord. #6030-96 - providing authority to issue bonds to refund the outstanding Gas System Revenue Bonds, Series 1991 (GAS) Commissioner Clark moved to provide authority to issue bonds to refund the outstanding Gas System Revenue Bonds, Series 1991 and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6030-96 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance #6030-96 on first reading. The motion was duly seconded and upon roll call, the vote was: "A yes": Johnson, Clark, Hooper, Seel and Garvey. "Nays": None. ITEM #38 - C-View Task Force - 1 aPDointmen~ (elK) Commissioner Seel moved to appoint Carla Soave. The motion was duly seconded and carried unanimously. \ "'"~) ~.. ITEM #39 - Other Pending Matters - None. CITY ATTORNEY REPORTS ITEM #40 - First ReadinQ Ordinances a) Ord. #6031-96 - Amending Sec. 2.323 to change composition of Parks and Recreation Board from 9 to 7 members The City Attorney presented Ordinance 116031-96 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance #6031-96 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey. "Nays": None. b) Ord. #6047-96 - deleting Department Directors from Lobbyist Registration Ordinance The City Attorney presented Ordinance 116047.96 for first reading and read it by title only. Mayor Garvey questioned why the ordinance did not address non-profit agencies. The City Attorney indicated the City Commission had not resolved that issue. Mayor , ...;; mcc05b.96 26 05/16/96 . It" . .. . . ..,. F ",~, Garvey questioned why the eRA (Community Redevelopment Agency) was not addressed. The City Attorney said the CRA was not part of the original ordinance. Mayor Garvey questioned if the ordinance addressed written correspondence. The City Attorney indicated the City Commission had not provided further direction regarding that issue. Commissioner Johnson moved to pass Ordinance #6047-96 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey. "Nays": None. ITEM #41 - Resolutions a) Res. #96-32 - Demolition Lien - 1153 LaSalle Street, Greenwood Park No.2, Blk F, Lot 8 (RoebuckfTumpkinl The City Attorney presented Resolution #96-32 and read it by title only. Commissioner Clark moved to pass and adopt Resolution #96-32 an~ 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 "') I .n~~; "Nays": None. ITEM #42 - Other City Attornev Items The City Attorney requested an attorney/client session regarding Patrick Media Group, Inc. vs. the City be scheduled for June 3, 1996, at 9:00 a.m. Consensus was to schedule. ITEM #43 - Citv Manaaer Verbal Reoorts V0gel orooertv aoreement The City Manager read into the record the proposed terms for the Vogel Development that are mutually acceptable with the development contract: 1) all storm drainage will comply with the City of Clearwater code and SWFWMD regulations irrespective of any representations made on the submitted plans; 2) all six-inch water lines shall be looped through and connected to the City system at the Oakbrook Commercial Center; 3) the sanitary and water lines are to run through the northeastern most lots at the Oakbrook center and shllll be placed in a 1 5~foot easement. The sanitary line shall have no services in this location and the water and sewer lines shall be spaced a minimum of 3- feet apart; 4) roadway under~drain shall be provided on one side of the City street and the side shall be selected at a later date by the City Engineer; 5) a lot drainage sheet and topography extending 50~feet beyond the site shall be submitted with the project design .~ mcc05b.96 27 05/16/96 -" , .., 'i ".''"''rf j~ plans during the site permitting of the project; 6) on the plat, the developer shall dedicate a 15~foot drainage and utility easement abutting the interior roadways; 7) on the plat, the developer shall provide for a sight triangle easement on the plat where the project road or roads connect to landmark Drive. This easement shall assume a 40 mile-per-hour design speed for landmark Drive: B) sidewalks shall be required on both sides of all interior streets and will be a minimum width of 5-feet wide; 9) no storm pipes shall be placed between the two buildings; 10) site density shall not exceed 5 units per acre, based on the acreage owned by the developer prior to the time of right-of-way dedication; 11) drainage as depicted on the submitted plan is conceptual in nature, taking into account site factors and constraints as they are currently known. The outfall shall be to the City retention area which shall provide sheet tlow. Said connection is contingent upon the compatibility of the outfall of the development and the permits that exist now between the City and Water Management District; 12) this site plan is conceptual in nature and may change through the permitting process and will be subject to re-review by the City Commission only if there are substantial changes as defined in land Development Code Section 40-261; 13) no utility easement shall be required to be any larger than 10-feet wide; 14) this site shall have the prerequisite shrubs and trees pursuant to the City's landscape ordinance; 15) no lot shall be required to have any greater than 60-toot frontage or to have any greater than 100-feet of depth. All lots shall have a 25-foot front setback, 1 O-foot rear setback, and 5- foot side setbacks and no lots shall have more than one front setback. Irrespective of the above, all corner lots shall have the above referenced setback except for the long dimensions fronting additional right-ot-way shall be a 1 Q-foot setback and that the same side setback shall have deed restrictive vehicular access. No tot shall be required to have two tront setbacks; 16) all roadways shall be 30-feet in paved width from back of curb to back of curb. Said roadway shall be placed inside of a 50-foot right-ot-way with a 15-foot utility easement on either side of this 50-foot right-at-way. The approval of this plan and annexation of this parcel is conditioned upon the adoption of this development agreement and the conveyance by the owner to the City of the West 3D-feet of the residential parcel described herein on the submitted plans; 17} the developer is to give the City $2,000 to be used towards landscaping within City property and/or right-ot-way; 18) final subdivision layout will attempt to utilize on-site retention as a buffer between landmark Drive and the proposed residential lots to the extent possible given sound engineering practices; and 19) plans will show any proposed buffer along Landmark Drive. The City Manager said the Vogel's representative, Marcus Vernon, has initialed a copy of this agreement indicating concurrence with the above terms. The City Attorney said the City Commission needs to direct her to develop an official agreement. She said the agreement will go to the Planning & Zoning Board and will come back to the City Commission tor final approval. Commissioner Hooper questioned jf staff is in agreement. It was indicated this is the case. Commissioner Clark moved to direct the City Attorney to proceed to put the Vogel agreement in writing for consideration by the Commission. The motion was duly seconded and carried unanimously. mcc05b.96 28 05/16/96 Commissioner Clark recommended requesting private sector experience. Ms. Rice indicated staff tried not to mention either sector. Commissioner Seel noted the position will be responsible for developing contacts, etc. Mayor Garvey recommended keeping the advertisement as general as possible. Commissioner Johnson noted if the advertisement is published in the Wall Street Journal three times, the per day rate drops to $3,333. Ms. Rice indicated the Wall Street Journal staff believed one day was adequate.. " \ Advertisement for Develooment Director The City Manager distributed a copy of the advertisement for a City Development Director. The advertisement will run next week in the Wall Street Journal for a national search. The cost for the ad to run one day is $5,374.08 Commissioner Johnson questioned if the eRA was contributing to the cost of the advertisement. The City Manager indicated that has not been determined. Commissioner Seel questioned where else the advertisement will run. Ms. Rice said it will run in the National Journal for Government Fields and other publications. Staff is trying to meet the Commission's 50-day time frame. Commissioner Hooper recommended advertising the position on C-View. In answer to a question, Ms. Rice said the advertisement will be published in four other publications at minimal cost. The position also will be listed on the City's job line. Commissioner Johnson moved to direct the City Manager to proceed with placing <~) an advertisement for Development Director in the Wall Street Journal for national distribution next Tuesday at a cost of $5,400. The motion was duly seconded and carried unanimously. Commissioner Seel recommended posting the position on the Internet. ITEM #44 - Other Commission Action Commissioner Clark apologized to those whose events he missed due to illness. Mflvor Garvev thanked the volumeers who participated in the beach clean-up. She thanked those who participated in the Downtown Marketplace. The City Manager thanked City staff for their responsiveness and efforts regarding the "tough issues" addressed on tonight's agenda. ITEM 1/45 - Adjournment The meetiilg adjourned at 11 :25 p.m. ner y ATTEST: ~l~ ~- ft~ ~ City Clerk mcc05b.96 29 05/16/96