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03/21/2002 (2) - . , . . ' ' , . ' '.. _ ~' . . 1 ...,. . .. . ' ,. ".: ~ ~ .'. " .' . , ' , . , , , , . , " , . ....CITYCOMMISSION.. ...... " , ,.' . I , , . . MEETING . " , . , . ' '. .. . . J., . > .., ..... ........ ...... 03/21/02,' .... .: ...: , .. < . . \ . . ,. .,.' l . . c,' , i, ~ " , , ",' . .'. . , , , . . '\.' ~ t , ' " .. ,,' , , , , ' '. ' " . ' , .,. , '. t , ' , . I .'. , . ' , ' , . , . .! , , , , , .. ~, ' , . , ~ .. . , ' . .. . . ,~ . 4 . , " , , , . ." .' , , , . . ' , " . ,c , . ' . ~ , , ., . <' . .. '. . t . . .:.. . I. ' I l' ' . , . .. ." .,. '. ,.'\ .. " ~, ' , ' . ' " . '. ~ , , , , . " , ., " , , ' . J . . . \ " .' ' I . " , , ' . , , ' , . " ' , -l . " . . .. , , , , " ,}, , ' , , , " , . , " , , '. . .' , . . , " , '. . . '. I . " , '., . ..' , ,I . ' . .' " I ~ . '. >' , , ' '. I . . T .; , .' " I , . , , , , , " . I ., , ' , . ,'... . , ' , , ' I ' < '" ' ,:}., ' , , . . , . . , , ' , , .' . , ' " , , .. , ' ' . '. t, ,', . . ' I .' , ... c . . . ' , " " ; . .' . '. . . ' , , , .'.. , , . ".t . , ,".'. ,L . ',. I' ,j.. , ,. .. " ' ..,..F , . , , . ."., ',.F ' '.. .1.' . ,. L ','.' .<', ' , ',' , , I , >. ' .' .. ... , ' .'. ' . . . ~. , , ' ..: I. ,.". f . , .. . ':' . '.. . c . . . .' . ~ ,.., ",' ~;.. ' . >' .' . ,I , '.', ":'", " "',,' .', ,',;, ,:"., '.' "':',~:' '"",, ..'" '.., " , " , . ' , .,. . .<, . , >. . ~. . . .. , ,. . \ . T' " .' . . '.' , , , I. '.. . c ,. I I. . , . . . . , ' . . ~ , . , , ' , , , . :' ',' . ," . , , ' , . , ' , " , , . . . . CITY COMMISSION. MEETING CITY OF CLEARWATER March 21, 2002 Present: Brian J. Aungst Whitney Gray Hoyt P. Hamilton William C. Jonson Frank Hibbard Ed Hart Mayor/Commissioner Commissioner Commissioner Commissioner Commissioner Elect Commissioner Absent: Also present: William B. Horne II Garry Brumback Ralph Stone Pamela K. Akin Cynthia E. ,Goudeau Patricia O. Sullivan City Manager , Assistant City Manager Assistant City Manager City Attorney City Clerk Board Reporter The Mayor called the meeting to order at 6:00 p.m. at City Hall. , The invoc'ation was offered by Reverend Thomas Jones of Flowing River Church. The, Mayor led the Pledge of Alleg,iance. To provide continuity for research# items are in agenda order although not necessarily discussed in that order. ' ITEM #3 . Farewell to Commissioner Hart The Mayor announced Commissioner Hart had been called out of town and ,would not' be present. ITEM #4 . Oath of Office: a) Mayor Aungst The City Clerk administered the Oath of Office to Mayor Aungst. b) City Commissioners Hamilton and Hibbard The City Clerk administered the Oath of Office to Commissioners Hamilton and Hibbard. The Mayor introduced Commission family members who were present. , , The Commission recessed from, 6: 12 to 6.: 18 p.m. mcc03b02 1 03/21/02 . . . ITEM #5 - Service Awards Two service awards ,were presented to City employees. ITEM #6 - Approval of Minutes Commissioner Jonson moved to approve the minutes of the regular meeting of March 7, 2002, as recorded and submitted in written summation by the City Clerk'to each Commissioner. The motion was duly seconded and carried unanimously. Commissioner Hamilton moved to approve the minutes of the Special Attorney- Client Meeting of March 7, 2002, as recorded and submitted in written summation by the City Clerk to each Commissioner. The motion was duly seconded and carried unanimously. Commissioner Gray moved to approve the minutes of the City Commission Special Meeting Canvassing Board of March 13, 2002, 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: John Wiser 'said he has volunteers and requested the Countryside Community Center be open on Sundays. ' ' Muhammad Abdur-Rahim thanked the City Commission for their efforts in North Greenwood~ . Pat Vasser requested the Beach Walk Plan be delayed, expressing concern regarding a loss of parking. Kim Cristal' requested the City take action regarding safety concerns at the Courtney Campbell Causeway beach access where Laura Lamby was killed last weekend. , Duke Tieman t'hanked the Commission for .its support of the youth boxing program and announced a national boxing tournament will be at the Joe DiMaggio Center on May 24 - 25, 2002., , Tom Sehlhorst expressed concern two of his occupational licenses had beEm revoked without notice. The City Manage'r invited him to make an appointment and discuss the issue with him. Concerns were expressed Mr. Sehlhorst often misrepresents facts when addressing the Commission and City boards and his problems with the City are long-term. The City is willing to work with Mr. Sehlhorst, if he foJlowsthe rules. PUBLIC HEARINGS. mcc03b02 2 03/21/02 , '. :..' .~ .,' . t ... ' .' , ' . . 4 ~' . I . ',' . ',' ,..' - .' to. ; , . ,'. ',; ~ . ."',' " ,;' ; r .'" '.. ,,' ~ . e, ITEM #8 - Public Hearing & First Reading Old #6937-02, 6938-02, 6939-02 - Annexation, Land Use Plan and Zoning Atlas Amendments for 1328 Woodbine Street (Lot 17, Block B of Pine Ridge in Section 10-29S-15E) (Liberian A. Miles) ANX 01-12-30 PLD Planning Manager Gina Clayton requested this item be continued until the applicant pays required sewer impact fees. Commissioner Jonson moved to continue Item #8. The motion was duly seconded and carried unanimously. ITEM #9 - Public Hearing & First Reading Ord #6940-02, 6941-02. 6942-02 - Annexation, Land Use Plan and Zoning Atlas Amendments for 2119 Pleasant Parkway (Lot 5, Pleasant Ridge Estates Subdivision in Section 24-29S-15E) (John l. and Linda W. Blechschmidt) ANX 01-12-31 PLD ' The City Attorney presented Ordinance #6940-02 for first reading and rea"d it by title only. Commissioner Jonson moved to pass Ordinance #6940-02 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Naystl: None. , -rhe City Attorney presented Ordinance #6941-02 for first reading and read it by title only. Commissioner Hibbard moved to pass Ordinance #6941-02 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes',': Gray, Hamilton, Jonson, Hibbard, and Aungst. .. Nays": None. . mcc03b02 3 03/21/02 , L .., '\... '.' I., C. , f .'. ' '.. J ' 'Io~: '\ . . ~. ~ ,~. ' " ~ ,I' . I' . ,.. . . " '. .:. . \ ~ " . The City Attorney presented Ordinance #6942-02 for first reading and read it by title only. Commissioner Gray moved to pass Ordinance #6942-02 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. ITEM #10 - Public Hearing & First Reading Ord #6943-02, 6944-02, 6945-02 - Annexation, Land Use Plan and Zoning Atlas Amendments for 1 725 West Manor Avenue (Lot 36, Clearwater Manor in Section 06-295- 1 6E) (Robert and Marilynne Van Scoyoc) ANX 01-12-32 PLD The applicant has requested annexation and zoning of Low Medium Density Residential for 1725 West Manor Avenue to obtain sewer services.' Staff has determined the proposed land use plan amendment and rezoning applications are consistent with Code standards: 1) proposed land use plan amendment and rezoning application are consistent with the Comprehensive Plan; 2) potential range of uses and specific proposed use are compatible with the surrounding area; 3) sufficient public facilities are available to serve the property; and 4) applications will not have an adverse impact on the natural environment. The Community Development Board unanimously recommended approval. . Commissioner Hami'lton moved to approve the Petition for Annexation, Land Use Plan Amendment to City Residential Low, and Zoning Atlas Amendment to Low Medium Density Resident.ial (LMDR) for Lot 36, Clearwater Manor in Section 06-29S-16E. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6943-02 for first reading and read it by title only. Commissioner Jonson moved to pass Ordinance #6943-02 on first reading. The motion was duly seconded and upon roll call, the vote was: tI Ayes" : Gray, Hamilton, Jonson, Hibbard, and Aungst. .. Nays": None. The City Attorney presented Ordinance #6944-02 for first reading and read it by title only. Commissioner Gray moved, to pass Ordinance ,#6944-02 on firs,t reading. The motion was duly seconded and upon roll call, the vote was: .. Ayes" : Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. .' mcc03b02 , 4 03/21/02 't,.,:';. . ~I',' ':,";.~ ',l~'.' :'.,:...~....,:.-. ~,:':. ,~'.' ~ ~ .....~."... ,,~"'l .,:'/.,. ,. .:::' ." . :.~r.,. ,I ":;'~ '.". _~; . . '. The City Attorney presented Ordinance #6945-02 for first reading and read it by title only. Commissioner Hibbard moved to pass Ordin'ance #6945-02 on first reading. The motion was duly seconded and upon roll call, the vote was: nAyes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. ITEM #11 - Public Hearing & First Reading Ord #6932-02 relating to Residential Rentals, creating Article 3, Division 23, Community Development Code for applicability and restrictions, and amending Appendix A, regarding occupational license fees, code of ordinances; and approval of a new Residential Rental Compliance Notice Requiren'lents for Minimum' Applicable Standards form to be filed at the time of occupational licensing. OS According to the 2000 Census, 38% of Clearwater's 56,802 housing units are renter occupied. Many single-family residences provide rental income for property owners. The Code requires occupational licenses for the rental .of two or ,more residential units, but does not include single unit rentals. The current license fee is $27.50 for two or more rental'units, plus $1.55 for each unit over 5. Many rented single-family residences, along with other multiple residential rentals do not comply with the City's housing, nuisance, and property maintenance codes. It often is difficult to enforce the Code on residential rentals. Tenants often are reluctant to alert the City regarding code violations in fear of retaliation from property owners. ,Inspections usually are restricted to the property's ext~rior as it is difficult, timely, and costly to obtain permission and/or legal means to enter residences. Many residential units need maintenance. Staff is concerned they may be unaware of additional unsafe internal conditions. During the past year, staff has met several times with representatives from the Clearwater Chamber of Commerce, the Association of Realtors, the Coalition of Clearwater Hom'eowners Association, Bay Area Apartment Association" Tampa Bay Chapter of National Association of Residential Property Managers( individual owners of residential rental properties, and citizens for suggestions and recommendations in the formulation and implementation of a new Residential Rental Compliance Program. This focus group decided the purpose and intent of the Residential Rental Compliance Code is to clean up, repair stabilize, encourage revitalization, strengthen, and preserve City neighborhoods to create a safer, aesthetic, economically viable, and more livable community. The majority agreed on key points: 1) require occupation license for all rental properties; 2) revoke occupation license for violations 9f Housing and/or Community Development codes if preponderance of evidence demonstrates lack of responsibility on part of property owner to correct noticed violations; 3) unit(s) cannot be occupied if license is revoked; 4) violations issued Notice to Appear in County Court; 5) require occupational license applications to include local contact information, i.e~ physical address .for owners, property managers, etc. No Post Office box accepted. Note: property owner is mcc03b02 5 03/21/02 .~:.'.':".:"""'..,:',~I...,., , ...'~ :_..:.....,,'. ....;'.. . ~I..:j,.... ..'-,,~ ;.,..:.,,:,., .0,.' '.. '.'. ,". '"' I.'l' .' 0 .. ,~ .,,1 , '.. " ,'," ~,I.' .. ~.~ ' '....... "" .,.., . ,',1 , "~ '." ':.0 . responsible for violations noticed, not contact person, if different; and 6) Right-of-Entry permitted upon consent of property owner when Community Development Code and/or Housing code violations observed by inspector. Comp'laints may be reactive or proactive. Residential Rental Compliance Code. In addition, the focus group recommended establishing inspection criteria to include fines for non-responsive property owners. , During City inspections, if staff identifies three or more Code violations, a request for an interior inspection would be triggered. Property owners would be provided a reasonable time to comply with noticed violations. Property owners, not tenants, would be held accountab!e. The. Development Services Director shall assess a $50 noncompliance inspection fee per unit inspected per re-inspection if any violation still exists after allowance of a reasonable time period. The proposed ordinance was drafted from these key points and provides Code sections pertaining to the licensing, inspections, and associated fees for all residential rental units in the city. A Residential Rental Compliance Notice Requirements of Minimum ,'Applicable Standards form also was drafted to use with the issuance of occupational licenses, allowing the city to require aC,knowledgment !Jf the requirements by the property owner, and providing an avenue to pursue right-of-entry warrants. One person spoke in opposition to the proposal. Representatives of the Clear~ater Regional Chamber of Commerce and Coalition of Homeowners Association, and a 'neighborhood association spoke in support of the proposal. . ,In response to a question, the City Attorney said legislation could not be directed only to problem properties. Support for the ordinance ,was expressed because it ~ill improve efficiency, be proactive, and protect neighborhoods~ It was stated education of rental property owners is planned. Commissioner Gray moved to create Article 3, Division 23, Community Development Code for applicability and restrictions related to Residential Rentals and , amend Appendix A, regarding occupational license fees, Code of Ordinances, and approve a new Residential Rental compliance Notice Requirements for Minimum Applicable Standards form to be filed at the time of occupational.licensing. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6932-02 for first reading and read it by title only. Commissioner Hamilton moved to pass Ordinance #6932-02 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes" : Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. . mcc03b02 6 03121/02 . _ '; ~ , ,. + .' , . . , f I, . .,.':. . '.' :. , ' ", .. , ',{ ,. . . ,': " , t, ". . ~., ,\" '.", :, I, ' 'I \ .. . ITEM #12 - Public Hearing & First Reading Ord #6946-02, 6947-02 -. land Use Plan Amendment and Rezoning for property at 565 Sky Harbor Drive from Residential Office/General to Institutional (Parcel of land lying within the SW1/4 of Section 17-295- 16E) (Excel Realty Trust) LUZ 01-12-09 PLD As part of the redevelopment of Clearwater Mall, the developer proposed a land swap with the City for 1.27 acres of the 3.666-acre Fire Station 49 site at 520 Sky Harbor Drive. On February 7, 2002, the City Commission approved this land exchange, which provides the applicant with property that has better commercial visibility and allows the applicant to use part of the fire station site for part of a commercial building and related parking. The need for an updated fire station has been documented and the Fire Department previously budgeted Penny for Pinellas monies to construct a new fire station at its current location in 2004. The vacant, triangular, 1.27-acre site, on the east side of Sky Harbor Drive, is approximately 520 feet south of Gulf-to-Bay Boulevard. The property has a FLU? (Future Land Use Plan) classification of Residential/Office General (R/OG) and is zoned Office to}. The applicant proposes to amend the FLU? to designate this property Institutional (I) and to rezone it to Institutional (I). The proposed FLU? amendment and rezoning will facilitate the exchange process of the property between the applicant and City and will allow construction of a new fire station in this location. . . Staff determined the proposed land use plan amendment and rezoning are consistent with Community Development Code standards: 1} proposal is consistent with City's Comprehensive Plan; 2) potential range of uses and specific proposed use are compatible with surrounding area; 3) sufficient public facilities are available to serve property; and 4) location of proposed Institutional boundary is logical and drawn with regard to location and classification of streets, ownership lines, and natural environment. The land use plan amendment is subject to approval by the PPC (Pinellas Planning Council) and Board of County Commissi'oners acting as the Countywide Planning Authority. ' , ~he COB (Community Development Board) unanimously recommended approval. .Commissioner Jonson moved to approve a land Use Plan Amendment from Residential/Office General (R/OG) to Institutional (I) and a Zoning Atlas Amendment from Office to Institutional (I) for Parcel of land lying within the SW1/4 of Section 17-29S-16E. . The motion was duly seconded and carried unanimously. The City Attorney presente? Ordinance #6946-02 for first reading and read it by, title only. Commissioner Gray moved to pass Ordinance #6946-02 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. . mcc03b02 7 03/21/02 ;;.'.., ",..:' .', '. "'. :r~ ..... ..''':'.. ."..~.", .... '.~ ...'~';'..""/....~I ~. :+. :.:...,. ...... ".'~ ." '.' .:' '.'.... ..., . I . '. . The City Attorney presented Ordinance #6947-02 for first reading and read it by title only. Commissioner Hibbard moved to pass Ordinance #6947-02 on first reading. The motion was duly seconded and upon roll call, 'the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. 'ITEM # 13 - Public Hearing & First Reading Ord #6948-02, 6949-02 - Land Use Plan' Amendment and Rezoning for property at 520 Sky Harbor Drive from Institutional to Commercial General (Portion of Tract 1, a Resub of Baskin's Replat in Section 17-29S-16E) (Clearwater Mall LlC) lUZ 01-12-10 PLO As part of the redevelopment of Clearwater Mall, the developer proposed a land swap with the City for 1.27 acres of the 3.666-acre Fire Station 49 site at 520 Sky Harbor Drive. On February 7, 2002, the City Commission approved this land exchange, which provides the applicant with property that has better commercial visibility and allows the applicant to use part of the fire station site for redevelopment purposes after a new fire station is constructed on the applicant's site~ The City will retain the remainder of the current fire station site and can sell it for development. The Fire Station site has a FlUP (Future land Use Plan) classification of Institutional (I) and is zoned Institutional (I). The developer proposes to use the subject 1 .27-acre site for parking, access ways, and commercial development. The applicant proposes to amend the FlUP to designate the entire property Commercial General (CG) and rezone it to Commercial (C). The proposed FLUP amendment and rezoning will facilitate the exchange process of the property between the City and applicant. Staff determined the proposed land use plan amendment and rezoning are, consistent with Community Development Code standards: 1) proposal is consistent with City's Comprehensive Plan; 2) proposed land use plan -amendment and rezoning represent a logical extension of district boundaries; 3) potential range of uses and specific proposed use are compatible with surrounding area; 4) sufficient public facilities are available to serve property; and 5) location of proposed Commercial boundary is logical and drawn with regard to location and classification of streets, ownership lines, and natural environment. The land use plan amendment is subject to approval by the PPC (Pinellas Planning Council) and Board of County Commissioners acting as the Countywide Planning Authority. The CDB (Community Development Board) unanimously recommended approval. In response to concerns rais'ed at Monday's Work Session, Senior Planner Gina Clayton reported the portion of the property being retained by the City is not large enough for a neighborhood park per the, Parks & Recreation Department. mcc03b02 8 . 03/21 /02 ,., . , .... ,.' " ~,." ' "', I, _f,','" :~. ., .... '.'.',..': .:_:' ' ...., "":1 .tt, .,1,.'."''''. . ,... . . ':-, ::'. ": "" ....~.: . Commissioner Jonson moved to amend Item #13 to rezone only the 1.27 acres of the 3.666~acre Fire Station 49 site previously agreed to be transferred as part of the agreement between the City and the developer. The motion was duly seconded. . Concern was expressed regarding the number of trees on the site. It was stated many trees also are on the St. Petersburg pump station site, which does not belong to Clearwater. Concern was expressed the subject property is prime for redevelopment and could be sold to profit the, City. Ed Armstrong, representative for the developer, said the portion being retained by the City may be needed to complete the deal for the property needed for the Community Sports Complex to house the Phillies. In response to a question, Planning Director Cyndi Tarapani said a site plan is not pending for the subject property. Staff recommended both parcels be addressed together. The City Manager said the zoning change will implement current efforts for a future commercial use of the property. Any development win be subject to the City's tree ordinance. The City Attorney said the City has not agreed to sell the subject property and will maintain control of it until it is declared surplus, regardless of its zoning. Upon the vote being taken, Commissioners Jonson and Hibbard voted "Aye"; Commissioners Gray and Hamilton, and Mayor Aungst voted "Nay." Motion failed. . , Commissioner Hamilton ,moved,to approve a Land Use Plan Amendment from Institutional (I) to Commercial General, and a Zoning Atlas Amendment from Institutional (I) to Commercial (C) for property at 520 Sky Harbor Dri'Je, consisting of a portion of Tract 1, A Resub of Baskin's Replat in Section 17, Township 29 south, Range 16 East. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6948-02 for first reading and read it by title o'nly. Commissioner Gray moved to pass Ordinance #6948-02 on first reading. The motion was duly seconded and upon roll call, the vote was: It Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nayslt: None. The City Attorney presented Ordinance #6949-02 for first reading and read it by title only. Commissioner'Hamilton moved to pass Ordinance #6949-02 on first reading. The motion was duly seconded and upon roll call, the yote was: , , "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None.' . , mcc03b02 9 03/21/02 ,: . .. .':' l'",.'~ '. :r\.'...,'..,., l :,', ..,".~..~I.. ~:. .' ...~..; ,I'I.L 4,. . ... ~ ~... \ ~".' ,......, , : .'. . .. ,I..,~, . . . . CITY MANAGER REPORTS CONSENT AGENDA (Items #14 - 22) - Approved as submitted. Consent Agenda items require no formal public hearing and are subject to approval by a single motion. However, any City Comm,issioner or the City Manager may remove an item from the Consent Agenda for discussion and individual vote. ITEM #14 - Approval of Purchases per Purchasing Memorandum: 1) Purchase two 2002 Chevrolet Silverado 3500 cab and chassis with dump body, Maroone Chevrolet, $61,058. 2) Purchase 2002 Chevrolet Impala sedan, Gerber Auto Mall, $17,039. 3) Purchase 2002 Chevrolet express 2500 cargo van, Maroone Chevrolet, $15,761. 4) Purchase contract - Ultra chlor 12.5% sodium hypochlorite during the contract period: April 1, 2002 through March 31,2004, Odyssey Manufacturing Co., $ 200,000. 5) Service contract - 800 MHz radio system maintena,nce during the contract period: April 1, 2002 through March 31, 2003, Communications International, $100,284. ,6) Purchase storage area network consisting of Xiotech Magnitude with Bullfrog backup device (hardware) and Veritas software, Integrated Mass Storage Sys., $225,018.18. ITEM #15 - Declare surplus numerous miscellaneous items with a value of less than $500 each in the existing Main Library and authorize disposal through sale by the Clearwater Library Foundation. ITEM #16 - Award a contract for "Soil Remediation, Ground Water Monitoring and Treatment activities" as outlined in the Development Agreement with the Balk Company Inc., for the sum of $231,050 to URS Corporation with $,130,000 of this total to be provided to the City by The Balk Company Inc. ITEM #17 - Allocate $95.000 of undesignated retained earnings from the Administrative Services Fund, and award a contract to SEMCO Integrated Systems for the purchase and installation of building security equipment in an amoun,t not to exceed $40,000 in accordance with the terms of State Contract #6802595-1 . ITEM #18 - Authorize institution of foreclosure action against Kenneth S. lamb for the property located at 1130 Palm Bluff, Clearwater, Florida for an amount of $5,760.11, pursuant to Chapter 173 of the Florida Statutes. ITEM #19 - Amend the Capital Improvement Program (CIP) to increase the lease purchase budget by $20,490~80 in the Total Stations Replacement proiect and award a contract to Florida level and Transit Co.', Ft. Myers, Florida in the amount of $75,490.80 for the p,urchase of three (3) Leica TCRA 1103 Plus Extended Range Reflectorless Total Stations, in accordance with Sec. 2.564{1 Hd), Code of Ordinances, GSA Contract #GS25F7037G and authorize lease purchase financing under the City's lease Purchase Agreement. mcc03b02 10 03/21/02 . . . ITEM #20 ~ Approve award of the Reservoir No. 1 Reverse Osmosis Water Treatment Facilitv (WF-032601) Reverse Osmosis Equ;pment Fabrication contract to Osmonicsr Inc., Minnetonka, Minnesota, in the amount of $2,044,100, which is the lowest responsible proposal received in accordance with plans and specitrcations. ITEM #21 - Approve the Cooperative funding agreement in the amount of $506,250 with the Southwest Florida Water Management District (SWFWMD) to share the cost of the Stevenson Creek Watershed Management Implementation phase. ITEM #22 - Submerged Lands Easement - Coral Motel Condominium Association, Inc. Commissioner Hamilton moved to a'pprove the Consent Agenda as submitted and that the appropriate officials be authodzed to execute same. The motion was duly seconded and carried unanimously. OTHER ITEMS ON CITY MANAGER REPORT ITEM #23 ~ First Quarter Budget Review: General Fund expenditure amendments reflect a net increase of $296,470 at first qlJarter. This increase is due entirely to one~time allocations of retained earnings, totaling $302,990: 1) $250,000 - Bayview Park ~ Commission approved in August 2001; 2) , $40,000 - Jack Russell Stadium - Commission approved in October 2001; and 3) $12,990 - equity adjustments in Legal Department - Commission approved in February 2002. ,To ensure ~dequate reserves, the Commission policy requires that General Fund unappropriated retained earnings of 8% of the City's budgeted General fund expenditures must be maintained as a reserve. With the closing of the year-end 2001 books, and the allocation of above noted reserves, staff estimates General Fund reserves at first quarter to be $11.2-million, or 12.7% of the current year's General fund budget, exceeding policy by more than $4-million. Significant amendments include: 1) Stormwater Fund - $806,850 increase in budgeted expenditures and $ 1 .3-million increase in budgeted revenues - recognizes November 2001 Commission approved rate increase/related operating amendments and February 2002 Commission approved restructuring of storm water capital projects; 2) Gas Fund - $752,190 increase in budgeted expenditures due to increased fuel costs - to be offset by more than $1 .6-million in anticipated revenues from sales and interest earnings; 3) Parking Fund - $ 155,700 transfer of estimated receipts on County lots to offset receivable representing Pinellas County's share of cost of new meters installed at County facilities. Revenues to be transferred instead within Parking fund to pay down County receivable. When FY (fiscal year) 2001/02 budget was adopted, gross revenues from County facilities were included, but adjustment of receivable was not reflected in the Parking fund budget; 4) Central Insurance Fund ~ $360,050 allocation of retained earnings from the Central Insurance Fund for property, casualty', and liability insurance premiums, approved by Commission in September 2001; 5) Capital Improvement Fund - $162,633 mcc03b02 11 03/21/02 . . . net increase - most amendments result from restructuring Stormwater projects approved in February 2002. Only significant amendment not previously approved by the City Commission is the allocation of year-end 2001 cash balance of the CRA (Community Redevelopment Agency) Fund to the Downtown Redevelopment project. This routine transfer occurs annually; and 6) Special Program Fund - $2,91 5,618 net increase - amendments recognize $1 .6-million in grants for Public Safety programs, including nearly $1-million grant for neighborhood policing initiative for homeless, and LLEBG and HUD grants for FY 2002. Other significant amendments reflect more than $818,000 in reimbursements from qutside agencies for police outside duty services and special event services. Other smaller grant receipts, along with fines and court proceeds, donations, and sales' within specific programs make up the balance of the budget increase. , ,Commissioner Gray moved to approve the First Quarter Budget for fiscal year ending September 30, 2002. The motion was duly seconded and carried unanimously. a) Adopt Ord #6956-02, amending the operating budget for fiscal year ending SePtember ,30, 2002, to reflect increases and decreases in revenues and expenditures for the General Fund, Special Development Fund, Special Program Fund, Water & Sewer Fund, Stormwater Fund, Gas Fund, Solid Waste Fund, Recycling Fund, Parking Fund, Administrative Services Fund, ,Garage Fund and Central Insurance Fund,' as provided herein; providing an effective date. BU ' The Mayor presented Ordinance #6956-02 for first reading and read it by title only~ Commissioner Hamilton moved to pass Ordinance #6956-02 on first reading. The motion was duly seconded and upon roll call, the vote was: ' "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. b) Adopt Ord #6957-02, amending the Capital Improvement Budget for the fiscal year ending September 30, 2002, to reflect a net increase of $162,633 providing an effective date. BU ' The City Attorney presented Ordinance #6957-02 for first reading and read it by ,title only. Commissioner Jonson moved to pass Ordinance #6957-02 on first reading. The motion was duly seconded and upon roll call, the vote was: , , , "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. ITEM #24 - Adopt Resolution #02-19, authorizing the receipt and execution of the Joint P.articipation Agreement (JPA) with the Florida Department of Transportation for 100% funding for Airport Security Cameras, Security Gate Impro~ements and Perimeter Fence Repair at Clearwater Airpark. MR, , ' . mcc03b02 12 03/21/02 . FOOT (Florida Department of Transportation) required approval of Resolution #02- 09 before issuing the JPA (Joint Participation Agreement) for 100% funding for Airport Security Cameras, Security Gate Improvements, and. Perimeter Fence Repair at the Clearwater Airpark as provided by Senate Bill 48-8. The City Commission adopted the resolution on February 7, 2002. The total project is estimated to cost $70,000 and is in FOOT's current year of the Five-Year Work program. FOOT also requires approval of Resolution #02-19, acknowledging receipt of the JPA and execution of the JPA by the City Manager before FOOT will finalize the JPA. Commissioner Gray moved to authorize receipt and execution of the Joint participation Agreement with Florida Department of Transportation for 100% funding for Airport Security Cameras, Security Gate Improvements, and Perimeter Fence Repair at the Clearwater Airpark, and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #02-19 and read it by title only. Commissioner Jonson moved to pass and adopt Resolution #02-19 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: . If Ayes" : Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. ITEM #25 - Adopt Resolution #02-20. authorizing the City Manager to delegate the execution of computer shipments under the Dell Lease Agreement to the Information Technology Director. O:n December 13, 2001, the City Commission approved a lease agreement with Dell Computers, Inc., Round Rock, TX for the replacement and upgrade of the City's computer inventory. Terms of the lease approval were for 750 desktop and laptop computers for an ' amount not to exceed $1,21 5,000 over the life of the lease, and payments not to exceed , more than $405,000 in anyone year. , The lease is executed in quarterly shipments and requires an authorizing signature from an official City Agent. To reduce administrative overhead and shorten processing time, it is recommended that the authority for lease execution be ~eJegated from the City Manager to the Information Technology Director. . The City Manager's office will receive semi-annual monitoring reports including details of shipment contents and expenditures. Commissioner Hibbard moved to authorize the City Manager to delegate the execution of computer shipments under the Dell lease Agreement to the, Information . mcc03b02 13 03/21/02 . . . Technology Director, and that the appropriate officials.be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #02-20' and read it by title only. Commissioner Hamilton moved to pass and adopt Resolution #02-207 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard,' and Aungst. "Nays": None. ITEM #26 - Appointment to the Community Development Board eLK Consensus was to delay appointment of the alternate member for two weeks. Commissioner Jonson moved .to appoint Sheila .Cole. There was no second. Commissioner Gray moved to appoint John Doran. The motion was duly seconded and carried unanimo.usly. ITEM #27 - Other Pending Matters - None. CITY ATTORNEY REPORTS ITEM #28 - Other City Attorney Items, - None. ITEM #29 - City Manager Verbal Reports - None. ITEM #30 - Commission Discussion Items 1) Representative for Pinellas Assembly - May 16 - 18, 2002 Discussion ensued regarding the willingness of Commission members to serve. In response to a question, the City Attorney said jf more than one City Commissioner attends, they cannot discuss City business. Consensus was t~ appoint Commissioner Hamilton as City Commission representative' for the Pinellas Assembly on May 16 - 18, 2002. 2) Scheduling Appointments to Miscellaneous and Regional Boards City Clerk Cyndie Goudeau' stated the City Commission traditionally makes these appointments during the second meeting in April. However, with Commissioner Hart's departure, there are vacancies on boards that will meet prior to that date. Commissioner mcc03b02 14' 03/21/02 ,\ " Commissioner Jonson moved to approve the Mayor's attendance at the June Conference of Mayors. The motion was duly seconded and carried unanimously. . Jonson also needs to resolve a conflict regarding serving on the PAC. The importance of, City ,Commission representation on all miscellaneous and regional boards was noted. Direction was to schedule appointments to miscellaneous and regional boards on April 4, 2002. ' Ms. Goudeau said a Charter amendment will be'necessary to reschedule the date of the Vice~Mayor election from the second meeting in April. ITEM #31 - Other Commission Action Mayor Aungst said he is proud the City takes public safety seriously, reporting a , City defibrillator recently saved a life. He thanked the previous Commission for approying the purchase. Mayor Aungst requested permission to attend the June Conference of Mayors meeting in Madison, Wisconsin. Commissioner Gray requested participation on April 6, 2002 from 9:00 a~m. to noon in "Operation Donation," by dropping off at City Hall canned food, non-perishabl~ items, baby food, shoes, and clothing for Dial 211, Pinellas Cares, for distribution by social agencies to needy individuals and families. Volunteer opportunities are available. Commissioner Jonson wished former Commissioner Hart well, and welcomed ~ommissi~ner Hibbard to the Commission; and the return of Mayor Aungst and Commis'sioner Hamilton. Commissioner Jonson referenced the eligibility application for the Courtney Campbell Scenic Highway designation and requested authorization for the City Manager to submit it. Consensus was to approve, once the City Attorney reviews the application. Commissioner Jonson reported legislation has passed regarding billboard legislation that exempts Clearwater and is awaiting the Governor's approval. . , Commissioner Jonson reviewed clean up programs and other discussions at the JAX pride annual meeting in Jacksonville. . mcc03b02 15 ,03/21/02 ' ,t .,. 'I' :. . .' ,..f,' , '. . . " . . . ' '.; '. . I', I' " ' r'. .. . . ' ~. .' '1 ." ", .. . . .. ~, . .. :. , . .' Commissioner Jonson congratulated Mayor Baker and St. Petersburg for being awarded the Successful Community Award from the Thousand Friends of Florida. Commissioner Hamilton said next week local schools will be closed for 'Spring Break and encouraged a fun and safe holiday. He wished all a Happy Easter. Mayor Aungst said on March 15, 2002, he had participated in the DeBartolo Foundation/Time Warner event, which plans to donate $1 0,000 ~ach month to a Tampa Bay area charity. Mayor Aungst said he had participated in two recent fund raisers for Abilities. Mayor Aungst reported on March 12, 2002, he had attended the Phillies Welcome Back Dinner at the Belleview Biltmore. Mayor Aungst said the March 19, 2002 Advisory Board Dinner experienced more than 40 no shows by those who had indicated they would attend. He expressed concern " the cost to taxpayers for meals not served was more than $1 ,000. Mayor Aungst invited residents to attend with him, the March 23. 2002 program for Greek Independence Day at City Hall.: , . Mayor Aungst said he will address the South Clearwater Citizens for Progr~ssive Action on March 27, 2002. ITEM #32 - Adjournment The meeting adjourned at 8:08 p.m. ~y~ Mayor , City of Clearwater - Attest: . mcc03b02 16 03/21/02 , . . I . I.," ,-', . ,.' .. L" : ..'.. I'. I '. ' I ' ~ " '" " " . ~ .' ., ' ":." '.:.: ., r, . ,r' " . . I I...