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05/13/2002CITY COMMISSION WORK SESSION CITY OF CLEARWATER May 13, 2002 Present: Brian J. Aungst Mayor/Commissioner Whitney Gray Vice-Mayor/Commissioner Hoyt P. Hamilton Commissioner William C. Jonson Commissioner Frank Hibbard Commissioner Also present: William B. Horne II City Manager Garry Brumback Assistant City Manager Ralph Stone Assistant City Manager Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Brenda Moses Board Reporter The Work Session was called to order at City Hall at 1:00 p.m. Service Awards Four service awards were presented to City employees. Employee of the Month The Employee of the Month Award was presented to Jeffrey R. Rosenbaum, General Support Services/Building and Maintenance. The Commission recessed from 1:16 p.m. to 1:21 p.m. to meet as the Pension Trustees. PUR PURCHASING 1. Service contract to Ross Systems Inc. for Software license and maintenance during the contract period: 06-30-02 through 06-29-03 (IT) 2. Purchase 2002 Sterling LT 9500 truck tractor (GS) 3. Service Contract to Davis Water and Waste Ind. for Odophos odor and corrosion control during the contract period: 06-01-02 thru 05-31-03 (PU/WPC) 4. Purchase contract to Rotonics Manufacturing for Refuse containers and spare parts during the contract period: 05-20-02 thru 12-31-03 (90 Gallon black barrels) (SW) 5. Purchase contract to Polydyne Inc. for Polymer during the contract period: 05-20-02 thru 05-31-05 (PU/WPC) 6. Work order to King Engineering Association for Pump station refurbishment design services (PW) 7. Work order to Parsons Engineering for Pump station refurbishment design services (PW) In response to a question regarding the purchase contract to Polydyne Inc. for Polymer, Purchasing Manager George McKibben said the Polymer is being used to convert effluent to sludge. In response to a question regarding the contract to Rotonics Manufacturing for Refuse containers and spare parts during the contract period May 20, 2002 through December 31, 2003, (90 Gallon black barrels), Mr. McKibben said the contract is for 18 months. DS DEVELOPMENT SERVICES 1. First Reading Ordinance #6986-02, revising Appendix A, Schedule of Fees, Rates, and Charges, V. Buildings and Building Regulations (47.087), Code of Ordinances, to add a maximum total demolition fee of $1,000. Currently, the fee required for a permit to demolish buildings is as follows: Demolition permit……………………..……………………………………… 53.00 Plus, per square foot in excess of 1,000 square feet, ……………… 0.10 (No fee charged when demolition is ordered by City). In many instances, especially in the case of large obsolete structures such as malls, office buildings, or warehousing, the cost of the fee charged for a demolition permit is very high, sometimes running in the hundreds of thousands of dollars. As the community wants to encourage redevelopment, staff is proposing a maximum fee of $1,000 for a permit to demolish a building(s) on a property. This proposal is consistent with other local communities. In response to concerns that Tampa charges only $33/structure, Building Official Kevin Garriott said Clearwater incurs more than $33 in staff time for demolitions for large buildings such as a mall. Concern was expressed the City would experience revenue losses from demolitions. Staff will research the actual loss of revenue over a one-year period. 2. First Reading Ordinance #6987-02, relating to Chapter 51, Flood Damage Prevention, amending Section 51.03 Definitions, by redefining Substantial Improvement, to be applicable, for a one-year period, to any property located in an area of special flood hazard in the City. Currently, Code of Ordinances, Chapter 51, Flood Damage Prevention, defines Substantial Improvement as follows: Substantial improvement means: With respect to any property located on Clearwater Beach or Sand Key, any repair, reconstruction, rehabilitation, addition or other improvement of a structure during a five-year period, the cumulative cost of which equals or exceeds 50 percent of the market value of the structure before the start of construction of the improvement; or With respect to any property located in an area of special flood hazard other than on Clearwater Beach or Sand Key, reconstruction, rehabilitation, addition or other improvement of a structure during a one-year period, the cost of which equals or exceeds 50 percent of the market value of the structure before the start of construction of the improvement. In order to encourage businesses to redevelop on Clearwater Beach, and to stimulate growth in the community and make it a better place to work, live and play, staff is proposing to eliminate the first part of the definition of substantial improvement, and amend the second part, making it applicable for a one-year period with respect to any property located in an area of special flood hazard in the City. The City Manager was complimented for bringing this ordinance forward. It was remarked that this ordinance puts Clearwater in compliance with the State statute that has changed. IT INFORMATION TECHNOLOGY 1. Award a contract to Xerox Corporation, Tampa, FL, in the amount of $640,000 from June 1, 2002 to December 30, 2007, for digital copiers in accordance with Section 2.564(1)(d) Code of Ordinances – Putnam County Contract Number 0713981-03. (Consent) Xerox Corporation is the provider of the City’s current copier equipment under a contract dated October 31, 1995. The current contract with Xerox Corporation will expire on September 30, 2002. The City’s current inventory of copier equipment includes equipment that is more than 8 years old. The age and condition of this copier equipment severely hinders each department’s ability to reliably accomplish their copy-related tasks. The existing copier equipment frequently requires extensive maintenance and due to the obsolescence of this equipment, such maintenance cannot always be accomplished. This project will result in improved quality and reliability of the City’s current copy projects and will benefit all City departments. All of the copiers provided for in this contract are digital and network-ready. Terms of the contract provide for installation of approximately 60 units between June 2002 and October 2002. Lease terms will also include all standard shipping costs (delivery and return), staff training, service maintenance, supplies (except paper and staples), and latest technology as available within our configuration pricing limits. This is a 60-month lease with no copy minimums. Monthly payments will vary according to actual volume of copies made and the number of copiers added to the Agreement each month. In response to a question, Information Technology Director Dan Mayer said staff performed due diligence. He said this 60-month lease has no copy maximums. The cost per copy is one cent. It was remarked that this new technology would take the place of smaller desktop printers that require expensive ink cartridges. MR MARINE /AVIATION 1. First reading Ordinance #6993-02 to approve amendment to Chapter 22, Section 22.59 of the Code of Ordinances adding two areas on city property that alcoholic beverages may be possessed. The current Section 22.59 of the Code of Ordinances prohibits the possession of alcoholic beverages on any city park property with exclusions for the Performing Arts Center and Theater, the Harborview Center, Jack Russell Stadium and the Clearwater Country Club, as well as Coachman Park during special events. This amendment would allow two additional locations for the possession of alcoholic beverages: the Pier 60 Pavilion and South Beach Pavilion. The Marine Department has received requests from Beach Concession operators for on premise consumption of beer and wine at their respective locations on Clearwater Beach. If this ordinance is approved, the Marine Department will bring to the Commission amendments to the Pier 60 Pavilion and South Beach Pavilion leases to allow for the on premise consumption of alcoholic beverages, which are to be confined to existing facility seating areas, with appropriate signage and enforcement to prevent alcoholic beverages from being removed from the premises. Commissioner Hamilton recused himself from the discussion. Marine and Aviation Director Bill Morris reviewed the responses from the 9 municipalities surveyed in Florida. Seven responded: Two allow alcohol consumption on the beach; 5 do not. Some cities allow alcohol in cans only on city-owned properties or they lease properties to concessions that sell alcohol for use on private property. He reported while the board of the Clearwater Beach Association voted to oppose this change, the general membership did not reach a consensus regarding this issue. There was also no consensus from the Beach Chamber. Discussion ensued with concerns being expressed regarding assuring patrons do not leave the premises with alcohol; the types of controls to be used; needing standards for revocation in lease and the proximity of a public playground. PR PARKS AND RECREATION Accept grant and approve the corresponding agreement from the Juvenile Welfare Board totaling $50,600 for 100% funding of three summer camp programs. (Consent) Clearwater Parks and Recreation programs an 8 week Summer Camp for economically disadvantaged children aged 10-14 years at the Martin Luther King Recreation Center, Ross Norton Recreation Complex and Kings Highway Recreation Center in Clearwater’s North and South Greenwood communities. Serving 115 children aged 10-14 years, camp activities will include drama, tennis, art, magic, computer lab, swimming, field trips, games and sports. This program is compatible with JWB’s (Juvenile Welfare Board) Strategic Plan in the following areas: providing a substance abuse program, skill development activities, children aged 10-14 years, community-based activities, structured activities, support from 3 or more adults, quality services and activities while preventing problem behaviors. The City of Clearwater Parks and Recreation Department has been awarded a grant totaling $50,600 from the JWB. The grant will provide $33,000 funding for 75 middle school aged youth. The grant will cover 100% of the camp that will be hosted at Martin Luther King Recreation Complex for children ages 10-14. The grant will provide $8,800 funding for 20 middle school aged youth. The grant will cover 100% of the camp that will be hosted at Kings Highway Recreation Center Complex for children ages 10-14. The grant will provide $8,800 funding for 20 middle school aged youth. The grant will cover 100% of the camp that will be hosted at the Ross Norton Recreation Complex for children ages 10-14. No matching funds are required. Hosting the three camps is the City’s only requirement. In response to a question, Parks and Recreation Director Kevin Dunbar said full time staff oversees the seasonal staff and the programs. Grants pay for 100% of the seasonal staff salaries plus any operating expenses involved. 2. Approve an Amendatory Agreement between the City of Clearwater and the Phildelphia Phillies which will modify and amend the Agreement for Development, Sports Facility Use Agreement and Baseball Training Facility Lease Agreement to reflect the change in primary location for the complex and timeline for project events. On December 31, 2000, the City Commission approved the Sports Facility Use Agreement between the City of Clearwater and the Philadelphia Phillies and on March 1, 2001, the City Commission approved the Baseball Training Facility Lease Agreement (Carpenter Lease), and the Agreement for Development of Community Sports Complex at the location formally known as the SPJC property (now SPC), as the primary site for the construction of the facility. Subsequently, on October 5, 2001, the City and the Phillies signed a letter of understanding acknowledging that the City and Phillies mutually agreed that the SPC property was unacceptable as the project site. On April 4,, 2002, the City Commission approved a Purchase and Sale Agreement between the City of Clearwater and Home Depot U.S.A., Inc. for the purchase of property at 21870 US 19, Clearwater, Florida, for the purpose of constructing the Community Sports Complex at that location utilizing some of the property now occupied by the Bomber Stadium. Approval of this Amendatory Agreement will accomplish the amendments to these agreements and allow the project to proceed with the development and use of a new Community Sports Complex. In response to a question, Ms. Akin said the section of the Agreement that refers to holding the Phillies harmless as a result of operations is not a unique arrangement. The Phillies have liability insurance for other situations, however, this section relates to the site selected and the potential there would be litigation based on that site including their operations of the facility at that site. Mr. Dunbar said the Phillies would be responsible for demolition costs for the Home Depot site but he will double-check the Agreement. In response to a question, Ms. Akin said the City Charter’s open space provisions provides that open space recreation land can be leased, sold, or otherwise conveyed for a current use. The current uses, a ball park and training facility, can be replaced. A sports bar, etc. cannot go on those properties, therefore new uses would be placed on the Home Depot site. In response to a question, Ms. Akin said Bomber Stadium is not currently leased to the Bomber organization, however other organizations use that facility. She said the Phillies use Carpenter Field Complex but not Bomber Stadium. Mr. Dunbar said the Bomber Stadium site includes other parcels of property, not just the stadium. In response to a question, Mr. Dunbar said other than the reductions in scope of the project and updating various items to address the new conditions, this Agreement does not change the original figures. The collateral site can be made available for the Phillies parking spaces. The City’s obligations can be made without any improvements. The Mayor said the neighborhood has been assured that traffic would be controlled and staff will attempt to get a curb cut on Drew Street. Mr. Dunbar said a parking and traffic plan is in place. 3. Parks and Recreation System Master Plan Presentation (WSO) The City of Clearwater has been a proven leader in supporting a well-rounded comprehensive recreation and parks system. As part of the City’s efforts to stay at the forefront of providing quality parks and recreation facilities the City decided to develop a new Master Plan and Needs Assessment that will serve residents for the next twenty years. In the summer of 2001, the Parks and Recreation Department commissioned Harper and Partners and Glatting Jackson to assist in conducting a thorough review of the City’s current recreation and open space system, project future needs, and recommend an action plan for the future. The objective was to develop a long-range, yet practical park and open space vision that can be implemented with a continuum of immediate to long range results. In order to determine the needs assessment the consultants conducted interviews with City Commissioners and City officials as well as conducting 5 public workshops, 3 focus groups (seniors, youth and sports), 3 staff workshops, Steering Committee meetings, resident & staff surveys and phone survey. Much public input has gone into the development of this plan. The steering committee was made up of a broad spectrum of community leaders and partners. Representatives came from Pinellas County Parks Department, Pinellas County School Board, City of Safety Harbor, Parks and Recreation Board Members, Chamber of Commerce, SPC, YMCA and other City Departments. This varied cross section not only provided excellent input into the plan but also will assist in providing future direction and support for the plan. The result of this effort is a document consisting of an executive summary of approximately 36 pages, several maps and eight appendices, ranging from Workshop and Focus Group Meeting Minutes to Telephone Survey Results. There are a total of 71 recommendations, which are broken down as priority, medium, long term actions or continuous actions/policies. Recommended funding is to come from the County, Penny’s II, Penny’s III (if passed), impact fees, grants, and a potential general obligation bond issue. Total cost of the plan is estimated to be approximately 72 million in capital costs with 4 million per year in on-going maintenance costs. Maintenance costs will be off set by new revenue of approximately 2.5 million, leaving an increase of 1.5 million in additional operating costs. Approval of this item will not require the expenditure of any funds. Each individual project will come before the commission prior to any resources being expended. Staff is requesting direction concerning the adoption and or modification of this plan. Mr. Dunbar gave a presentation on the Parks and Recreation System Master Plan. He said over the next 20 years, staff would update the Master Plan. In response to a question, he said some aspects of the Plan might require approval by referendum. He said the discrepancy between the State’s standards for the number of soccer fields needed in Clearwater varies from the number our experience shows are needed because the State Standard is based on the number of Clearwater residents. Clearwater’s facilities are used by many non-residents and he said, staff feels other partners in unincorporated areas of the County, and other nearby municipalities should share in the costs of additional facilities. In response to a question, Mr. Dunbar said input from various workshops throughout the City have indicated that residents were willing to support taxes through a bond mechanism to pay for some additional facilities. Staff continues to look for ways to fund facilities that will maintain and enhance Clearwater’s quality of life. He said as new attractive recreation centers are built, they would attract more users that will create additional revenues to fund those facilities. Mr. Dunbar said the County has been given a copy of this Master Plan and is aware of Clearwater’s needs for funds. Staff was complimented for their efforts. It was remarked they should continue to ensure all potential funding sources are addressed, especially County participation. PCM PUBLIC COMMUNICATION 1. Award a contract to lease copier and print equipment for graphics services to IKON Office Solutions, Inc. for an amount of $450,000, in accordance with the terms of Ordinance 2.564(1)(d), under the School Board of Miami-Dade County Contract #046-AA11, for the lease period of 10-01-2002 to 10-01-2007 (Consent) The Graphic Communications Division of Public Communications provides service to all City departments for high volume quick copies, color press work, color copies, bindery and graphic design. The division also serves as a quality control and estimating resource when specialty printing needs to be outsourced. Graphics is an internal service division which charges back its services to other departments at a significant cost savings to those departments. The Graphics Division currently creates about 7,513,000 impressions annually. New policies and improved service with new equipment are estimated to increase this number by 1,200,000 annually, for a total impression count of 8,713,000. Approximately 50% of the work done by this division requires immediate turnaround. Graphics is able to provide 24-hour turnaround on most large jobs, and walk-in, immediate service on smaller jobs. This service saves significant staff time and convenience for City staff, and allows the Graphics Department to have a greater control over the City’s graphic image and the quality of publications that go out to citizens and staff. The lease includes the following equipment: Canon IR110 high speed copier, OCE 3165 digital scanner and copier, and an Encad 850 42” wide-format color printer, EDOX controller, and all training, maintenance services and supplies, excluding paper and staples. This contract allows an upgrade to digital capabilities to replace the Xerox 5090, our high volume analog copier which is now over 11 years old, and which is experiencing increasing repairs and significant downtime. The large volume Canon IR110 copier will allow for scanning and storage of images for repeat jobs, archiving records, etc. This will result in significant time savings for the operator, improvement in the quality of jobs, and the added benefit of additional capabilities as City departments begin the migration to the digital arena to archive records. A wide format printer for the purpose of duplicating large plans, a service that is currently outsourced, will be added at a minimal additional cost, so that capabilities can be expanded for Graphics. This will allow the City cost savings over what is being spent outside on these services, and will allow even better turnaround. This contract will allow the Graphic Communications budget to realize savings of approximately $20,000 over its current operating budget. The City currently pays $378,000 for its Graphics operation. If the City were to outsource, current costs would increase by $172,929 at minimum estimate. The contract is based on a Miami-Dade School Board contract rate, and contains a cancellation clause should funding not be appropriated in subsequent years. Staff was complimented for their efforts in searching and finding cost savings. In response to a question, Public Communications Director Jackii Molsick said this new equipment would give staff the ability to do work for smaller neighboring communities. It was felt that Clearwater should be careful that work performed for other communities not adversely create competition with the private sector. Ms. Molsick said Clearwater’s needs are a priority. She felt providing occasional services for smaller nearby communities would provide them with cost savings without greatly affecting the private sector businesses. PLD PLANNING 1. Public Hearing & First Reading to approve the Annexation, Land Use Plan Amendment from Residential Urban (RU) to Residential/Office Limited (R/OL), and Zoning Atlas Amendment from County Zoning Rural Residential (R-R) and Agricultural Estate (A-E) Residential Districts and City Low Medium Density Residential District (LMDR) to City Office (O) District of properties located at 7 Hampton Road (consisting of Metes and Bounds 13/01, 13/02, 13/03, 13/041, 13/05 & 13/04 in Section 16, Township 29 South, Range 16 East) and PASS Ordinances 6958-02, 6961-02, 6964-02 & 6967-02 to Annex these properties on first reading and PASS Ord 6959-02, 6960-02, 6962-02, 6963-02, 6965-02, 6966-02, 6968-02, 6969-02, 6970-02 & 6971-02 to amend the Land Use Plan Map and Zoning Atlas for these properties on first reading This development site is comprised of six parcels of land owned by five different property owners. It is located on the east side of Hampton Road north of Gulf to Bay Boulevard and is 4.22 acres in area. This annexation, land use plan amendment and rezoning is requested by the contract purchaser Brandon Realty Ventures who intends to construct two office buildings on this site. Five of the six parcels (Metes and Bounds 13/02, 13/03, 13/04, 13/041 and 13/05) are located in Pinellas County and the applicant is requesting the City annex them in order to receive water and sanitary sewer service. The applicant is aware of the costs associated with extending and connecting water and sanitary sewer lines to this site. The Planning Department determined that the proposed annexation is consistent with the following standards specified in the Community Development Code: The proposed annexation will not have an adverse impact on public facilities and their level of service. The proposed annexation is consistent with the City’s Comprehensive Plan, the Countywide Plan and the Community Development Code. The proposed annexation is contiguous to existing municipal boundaries, represents a logical extension of the boundaries and does not create an enclave. The Pinellas Planning Council (PPC) and Pinellas County have reviewed the annexation of the subject properties pursuant to the Pinellas County charter amendment approved by referendum on November 7, 2000 and no objections were raised. The five parcels currently located in the County plus one parcel (Metes and Bounds 13/01) already located in the City are part of the land use plan amendment and rezoning request. The applicant is requesting to amend the Future Land Use Plan Map designation of all six parcels from Residential Urban (RU) to Residential/Office Limited (R/OL). Additionally, a zoning atlas amendment is requested to rezone the parcels currently located in the County from Rural Residential (R-R) and Agricultural Estate (A-E) to the City’s Office (O) District and to rezone the one parcel located in the City from Low Medium Density Residential (LMDR) to the Office (O) District. The Planning Department determined that the proposed land use plan amendment and rezoning applications are consistent with the following standards specified in the Community Development Code: The proposed land use plan amendment and rezoning application are consistent with the Comprehensive Plan. The potential range of uses and the specific proposed use are compatible with the surrounding area. Sufficient public facilities are available to serve the property. The applications will not have an adverse impact on the natural environment. In accordance with the Countywide Plan Rules, the land use plan amendment is subject to the approval of the PPC (Pinellas Planning Council) and the Board of County Commissioners acting as the Countywide Planning Authority. Due to the size and/intensity of the plan amendment site, review and approval by Florida Department of Community Affairs is not required. The CDB (Community Development Board) reviewed these applications at their public hearing on April 16, 2002 and unanimously recommended approval of all three applications. Long Range Planning Manager Gina Clayton said there was no opposition at the CDB meeting regarding this item. In response to a question, City Attorney Pam Akin said the rezoning portion of this item is quasi-judicial. In response to a question, Ms. Clayton said the PPC reviews this item at a staff level unless there are concerns that the annexation is not in compliance. She said the number of trips affect the level of service. The Engineering Department determines the significance of those issues. Director of Engineering Mike Quillen said the number of trips must equal 1% of the total value of the street before the LOS is degraded. In response to a question, Ms. Clayton said the Residential/Office Limited category is viewed as a transitional buffer between commercial and residential uses. Currently, there are 3 homes on those parcels. PW PUBLIC WORKS Approve the McKim and Creed work order in the amount of $351,000 for engineering design services in expanding the City of Clearwater Reclaimed Water System to serve the residents of the Harbor Oaks area (01-0054-UT) (Consent) This contract provides for engineering and design services for the construction of new reclaimed water transmission mains and distribution mains as outlined in the 1998 Reclaimed Water Master Plan Update (as updated in December 2001). The goal of this and all other reclaimed water projects is to reduce the amount of potable water and groundwater being used for irrigation and other non-potable uses. In addition, expansion of the Reclaimed Water Distribution System, in accordance with Reclaimed Water Master Plan, brings the City of Clearwater closer to achieving zero-discharge of effluent to Tampa Bay and adjacent surface waters. This project will target the Harbor Oaks subdivision area and serve an estimated 470 residential and 6 major commercial /recreational customers. The design phase is anticipated to be complete by October 2002, with the construction phase scheduled for completion by 2004. McKim & Creed is one of the City’s Engineers-of-record, and this work order was negotiated in accordance with the Consultants Competitive Negotiations Act. In response to a question, Mr. Quillen said the boundaries are the harbor on the west, Ross Norton Park on the south, the former Sunshine Mall property on the east, and Jeffords and Betty Lane on the north. Approve the Cooperative Funding Agreement with the Southwest Florida Water Management District (SWFWMD) which provides funding of project costs up to $1,297,630 for the expansion of reclaimed water facilities to serve the Harbor Oaks residential area of the City. (Consent) This item is a continuation of the development of an expanded reclaimed water system in the City of Clearwater. The purpose of this contract is to accept SWFWMD funding in support of constructing reclaimed water service to the Harbor Oaks area in the Southwestern portion of the City of Clearwater. This project is consistent with the City of Clearwater’s Updated Reclaimed Water Master Plan. The project will allow the City to reduce potable water and ground water used for irrigation for large areas such as Morton Plant Hospital. Construction is scheduled to begin on, or before December 31, 2002, and be completed by December 31, 2004. The Work Order for engineering services for this project is included in a separate companion agenda item. The Cooperative Funding Agreement between the City and SWFWMD includes reimbursement of 50% of the cost of design, permitting and construction costs for transmission and distribution of reclaimed water lines up to a maximum of $1,297,630. The City’s estimated share of these project costs is $1,297,630. A mid-year amendment will increase the Capital Improvement Program project budget to Reclaimed Water Distribution System (315-96739-000061-000-202) in the amount of $1,297,630 to recognize the contribution from SWFWMD. In response to a question, Public Utilities Director Andy Neff said SWFWMD had some extra money and as negotiations proceeded regarding this project, staff requested Clearwater receive those funds. City Manager Bill Horne said the City has had a good rapport with SWFWMD. Staff will be careful regarding reciprocity with them, as there is one project looming regarding storage of reclaimed water which would be difficult for Clearwater to manage. 7. Public Hearing & First Reading Ordinance #6955-02 to vacate the East 90 feet of the 40 foot right-of-way of State Street, subject to a drainage and utility easement to be retained over the entire width of the right-of-way to be vacated and subject to the applicant bearing the cost of relocation of public and private utilities. (V2002-03 Clearwater Village L.C.) The applicant is requesting the vacation in order to create a landscaped entryway area for a new development to be known as “Clearwater Village”. Florida Power has no facilities in the subject right-of-way portion and has no objections to the vacation request. Verizon Media Ventures, Verizon and Time Warner Cable have no objections if an easement is retained and the applicant agrees to pay all costs related to relocation of utility facilities. The City of Clearwater has no utility facilities in the right-of-way portion to be vacated. Pubic Works Administration has no objections to the vacation request. In response to a question, Mr. Quillen said State Street would remain a City right-of-way east of this entrance. 11. Adopt Resolution 02-33 to declare as surplus to City needs a 3,233 square foot, more or less, portion of that certain forty-foot right-of-way Easement of U.S. Highway 19 North described in O.R. Book 3977, Page 917, Pinellas County Records, said portion being more particularly described as Parcel 801, Florida Department of Transportation Work Program Item Segment 256888 1, Section 15150-2580, State Road 55, subordinating City easement interests therein to the State of Florida, Department of Transportation, for the referenced improvement project from south of Coachman Road to Sunset Point Road (PW) On November 17, 1972, Imperial Motels Corporation conveyed a 40-foot right-of-way easement, and other interests, to the City that have since encumbered property located at the southwest corner of the intersection of US19 and Northeast Coachman Road. The FDOT (Florida Department of Transportation) is finalizing plans to reconstruct and widen US19, a/k/a State Road 55, from south of Coachman Road to Sunset Point Road. Existing JPA agreements between FDOT and the City address costs and requirements to relocate City gas and water lines that traverse a corner of the triangular Parcel 801. FDOT has filed an action in eminent domain titled Case No. 02-0022773 to condemn Parcel 801 along with City interests lying therein in Pinellas County Circuit Court. Prior to the hearing for an Order of Taking scheduled for May 30, 2002, FDOT is applying to the City to subordinate City rights, title and interests in Parcel 801 to FDOT to facilitate the US19 project. In consideration of the City subordinating its interests in the parcel, FDOT will relocate City utilities lying therein at its expense. While the City would continue to have any rights available to it pursuant to the 1972 easement grant, the use of the property would henceforth be subject to FDOT control. The declaration of City rights in the subject forty-foot right-of-way easement as surplus to City needs, and the subordination of those rights to the FDOT upon adoption of Resolution 02-33, complies with provisions of Section 2.01(d)(5)(iii) of the City Charter regarding transactions with governmental entities. In response to a question, Mr. Quillen said this is part of an eminent domain case. Ms. Akin said if the City did not agree to this item, it would be a defendant. The eminent domain case is between the FDOT and the other property owners. 12. Approve the establishment of a separate non-interest bearing bank account at the Bank of America in the amount of $54,398 for the security deposits received from the Friendly Village of Kapok. (Consent) At closing, the City received $54,398.00 of security deposits for the tenants of the Friendly Village of Kapok. The City Attorney’s office has determined that a separate bank account must be established to hold the funds as required by Section 83.49, Florida Statutes. These monies will be disbursed to the tenants upon closing for the purchase of their mobile homes. In response to a question, Ms. Akin said tenants to whom the security deposits are returned would be entitled to the interest generated by their deposit if placed in an interest-bearing account. These security deposits are being held in a non-interest bearing account to eliminate possible accounting problems. CLK CITY CLERK 1. Airport Authority - 1 appointment City Clerk Cyndie Goudeau said one vacancy exists on the Airport Authority Board. Member Ronald Streicher is not interested in reappointment. Three names have been submitted to fill the vacancy: 1) Dennis Roper; 2) Robert Bickerstaffe; and 3) J. B. Johnson. Mr. Johnson currently is serving on the Civil Service Board. He has indicated if necessary, he will resign that position to serve on the Airport Authority Board. CA LEGAL DEPARTMENT Authorize an increase of $120,000 to the monetary limit on the contract with the firm of Rogers Towers Bailey Jones & Gay, P.A. for outside counsel services related to representation in Granite State Outdoor Advertising v. City of Clearwater, including any interlocutory appeal proceedings. (Consent) The City has been involved in litigation relating to billboard amortization provisions of its Land Development Code. The City Commission approved outside counsel services for these cases on August 16, 2001, with a limit of $50,000, of which $36,697.66 has been spent. An industry expert has recently compiled materials to assist the City in defending this case. Her fee is estimated at $30,000.00 for these services. The City’s Motion to Dismiss with Prejudice and Granite State’s Motion for Temporary Injunction and Motion for Partial Summary Judgment were heard on April 18, 2002. If either side loses, this case will be appealed. An additional budget of $90,000 is estimated for the defense of this lawsuit through filing of an initial appeal brief. A mid-year budget amendment will provide the transfer of $120,000 to the Legal Department Budget from the Non-Departmental program re-appropriating funds from the “designated reserve” that the City Commission established with the adoption of the 2001/02 budget to provide funding for this contract. Ms. Akin said this case is proceeding quickly. Although the judge has no specific timeframe for acting, she anticipates a decision within the next 1-2 months. In response to a question, Assistant City Manager Garry Brumback explained from which funds the $120,000 would be taken. Authorize an increase of $40,000 to the monetary limit on the contract with the firm of Rogers Towers Bailey Jones & Gay, P.A. for outside counsel services related to representation in National Advertising Co. v. City of Clearwater, Case No. 00-3844-C1-11, and Lamar Advertising Co. v. City of Clearwater, Case No. 00-1939-C1, including any interlocutory appeal proceedings.(Consen ) The City has been involved in litigation relating to billboard amortization provisions of its Land Development Code. Specifically, National Advertising Company and Lamar Advertising Company filed suit against the City challenging the City’s citation of eight remaining billboards by City staff under the City’s amortization ordinances. The City Commission approved outside counsel services for these cases on August 16, 2001, with a limit of $60,000, of which $38,980.84 has been spent. National Advertising is scheduled to go to pre-trial conference on May 31, 2002, and to jury trial on June 4, 2002. An additional budget of $40,000 is estimated for the full defense of these lawsuits. A mid year budget amendment will provide the transfer of $40,000 to the Legal Department Budget from the Non-Departmental program re-appropriating funds from the “designated reserve” that the City Commission established with the adoption of the 2001/02 budget to provide funding for this contract. In response to a question, Ms. Akin said this transfer would deplete the undesignated fund. She said approximately 8 billboards are involved in this litigation. City Manager Verbal Reports 1. Parking on Memorial Causeway (WSO) Public Works Administrator Mashid Arasteh provided an update regarding the status of the temporary parking lot on Memorial Causeway. Staff plans to request an extension to the FDOT agreement allowing this lot that ends in July 2002. Staff is considering the removal of bus parking and installing parking meters and landscaping if the FDOT would approve. Enforcement would be increased in that area. In response to a question, Ms. Arasteh said buses and trucks would park closer to the Clearwater marina, possibly in the east and west parking lots, or on both sides of Eastshore, or at the Beach Recreation Center. The last resort would be the Clearwater Marina parking lot, as 16 spaces would be needed. Mr. Brumback said the most complaints have been about bus and truck parking obstructing the view. It was remarked that this lot needs to continue until parking is found on the south beach. Mike Water, Police Department, said signs are needed to enforce parking and exclude it in the rights-of-way. During crowded venues, visitor’s park all along the Causeway. He said education regarding parking in the area would be helpful. In response to a question, Ms. Arasteh said the FDOT would have to approve any landscaping, regardless of its height, on the Causeway. She said staff is not requesting a paved lot, as it would require a SWFWMD permit and complicate the City’s request for an extension. Mr. Brumback said staff is working on plans for parking on the south beach, however there is a lack of funds in the Penny for Pinellas to pay for a parking garage. Commission Discussion Items 1. Philadelphia Phillies Trip It was remarked that the way the Commission travel budget is allocated needs to be addressed in next year’s budget. Approving this travel for the Mayor and Commissioners Gray, Hibbard and Hamilton will be placed on Thursday’s agenda. 2. American Assembly Process – Commissioner Jonson Commissioner Jonson questioned if the Commission wanted to provide input to Commissioner Hamilton as the Commission’s representative in the American Assembly Process. The Mayor indicated he had given his thoughts to the City Manager. Other Commission Action Mayor Aungst expressed concern regarding the Visioning process. He was uncomfortable with it and felt some of the actions already being taken should be included as part of the City’s Vision to ensure they are continued. He felt more defined output is needed at the second session. Discussion ensued regarding traffic calming and a suggestion that less elaborate projects be considered in order to be able to afford addressing neighborhood concerns more quickly. Staff will review and report. Commissioner Jonson shared the Mayor’s concern regarding the Visioning process. Commissioner Jonson distributed information regarding County Commissioner Bob Stewart’s 3 major priorities: 1) water; 2) transportation; and 3) work force. Mr. Stewart, had shared a story with Commissioner Jonson regarding a conflict that occurred between St. Petersburg neighborhoods and businesses in the 1970’s. The City Administration started working with neighborhoods regarding those issues. Once the neighborhoods felt they were receiving their fair share, they started supporting the City Central project. Commissioner Jonson said the TBRPC met this morning regarding spacial growth modeling. He hopes to obtain more information to determine if Clearwater can support it. He also attended the Area Agency on Bay Management. The Mayor requested anyone interested in developing a Vision Statement provide it to the Commission in advance of the next Visioning session. Adjourn The meeting adjourned at 4:05 p.m.