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06/17/2002CITY COMMISSION WORK SESSION CITY OF CLEARWATER June 17, 2002 Present: Whitney Gray Vice-Mayor/Commissioner Hoyt P. Hamilton Commissioner William C. Jonson Commissioner Frank Hibbard Commissioner Absent: Brian J. Aungst Mayor/Commissioner Also present:: William B. Horne II City Manager Ralph Stone Assistant City Manager Pamela K. Akin City Attorney Cyndie Goudeau City Clerk Brenda Moses Board Reporter The meeting was called to order at 9:07 a.m. at City Hall. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. Service Awards Three service awards were presented to City employees. Employee of the Month The Employee of the Month Award was presented to John Guzzi, Marina & Aviation Department. Team Award The Team Award was presented to Kelly Legg and Kathleen McMullen, Telecommunications Department. The meeting recessed from 9:11 to 9:42 a.m. to meet as the Pension Trustees and the CRA. PUR PURCHASING Purchase labor and materials for concrete and related work with Increations Treasure Island, Florida, during the contact period: August 1, 2002 through July 31, 2003 for $225,000. In response to a question, Purchasing Manager George McKibben said the concrete and related work is for pads and any other concrete work needed during the year. BU BUDGET Mid Year Budget Amendments AND First Reading Ord #6995-02 – Operating Budget AND First Reading Ord #6996-02 – Capital Improvement Program Budget Director Tina Wilson said the City is doing well at mid-year. She presented a budget amendment report and answered questions. The mid-year budget report is based on six months of activity (October, 2001 through March, 2002) in this fiscal year. The report comments on major variances, as well as documents all proposed amendments. Significant Fund amendments are outlined below: General Fund General Fund expenditure amendments reflect a net increase of $210,540 at mid year. This increase is reflects anticipated increases in General Fund revenues totaling $50,640 and allocations of retained earnings totaling $159,900 to provide funding for the following projects: $141,100 for the demolition of the Cabana Club, which was established by the City Commission in May 2002; $40,000 for outside Legal council services approved by the Commission in March 2002, and $20,000 for painting the Parks Beautification Complex approved by the Commission in February 2002. These items netted with the return of funds from closed capital projects results in the net allocation of $159,900 from retained earnings. General Fund Reserves In order to ensure adequate reserves, the City Commission’s policy reflect that General Fund unappropriated retained earnings of 8% of the City’s budgeted General Fund expenditures must be maintained as a reserve to guard against future emergencies. Estimated General Fund reserves at mid-year are approximately $11 million, or 12.5% of the current year’s General Fund budget, exceeding our reserve policy by just over $4 million. The significant amendments to other City Operating Funds are as follows: Water and Sewer Fund The only amendment to the Water and Sewer Fund recognizes the allocation of $585,000 of retained earnings of the Water and Sewer Fund to fund the debt service requirements of the 2002 revenue bonds for the current year. This cost was identified in the Water and Sewer rate study. Stormwater Fund The only significant amendment to the Stormwater Fund recognizes an increase in budgeted expenditures of $148,000 to fund the debt service requirements of the 2002 revenue bonds. This cost was identified in the Stormwater rate study and sufficient revenues are available in the current year to offset this expenditure. Gas Fund As a result of the relatively mild winter, the mid-year amendments to the Gas Fund recognize a small reduction in anticipated revenues of approximately $251,000. In addition, budgeted expenditures are reduced in a similar amount to allow for this reduction in receipts. Solid Waste Fund Solid Waste revenues reflect a strong revenue position at mid-year. Amendments include increases in commercial revenues; cash pool interest earnings and increases in rentals and sales of compactors. Amendments to expenditures include increased dump fees as well as other small operating amendments. The increase in revenues more than offsets any increase in operating expenditures. Recycling Fund The Recycling Fund amendments primarily reflect decreases in anticipated sales of recyclables in the amount of approximately $105,000. Expenditure amendments to recognize savings in personnel costs, supplies, and inventory purchases are provided to offset this anticipated reduction in revenues. Parking Fund Mid-year amendments reflect the allocation of $219,200 from the unappropriated retained earnings of the Parking Fund: $185,200 is provided to the Capital Improvement project for the Beach Parking Garages to reimburse the project for expenditures on preliminary design and feasibility work. The City Commission approved this action on March 7, 2002. The balance of $34,000 will reimburse the General Fund for the cost of Police Aides to staff the beach cashier lots for the balance of the fiscal year. Administrative Services Fund The only amendment to the Administrative Services Fund reflects the transfer of $95,000 of unappropriated retained earnings to the Capital Improvement program to provide a security system at MSB and City Hall. The City Commission approved this action on March 21, 2002. Capital Improvement Fund The amendments to the Capital Improvement Fund total a net increase of $17,126,574. The City Commission has previously approved almost all of the capital improvement project budget increases. These amendments are outlined on page 18 of this report. The most significant of these recognizes the $15.5 million bond revenue approved by the City Commission in September 2001 for the Community Sports Complex. The only significant amendment that has not been previously approved by the Commission is the allocation of $90,000 of debt savings in the Development Services operating budget to the Tidemark project to fund the second phase of this project allowing for the remote connectivity for Code Inspectors working in the field. Special Program Fund The amendments to the Special Program Fund total a net increase of $882,894. The most significant amendments include the recognition of revenues for Police outside duty services totaling almost $187,000; revenues collected from special events totaling over $299,000; and the establishment of a project to recognize the Peter E. Field Shelter Trust Fund benefiting the Clearwater Main Library in the amount of $115,571. City Manager Bill Horne said the General Fund reserves, which are at 12.5%, are evidence of staff’s commitment to be cognizant of how the City spends taxpayer’s money. ED ECONOMIC DEVELOPMENT Adopt Resolution 02-37, which endorses Brownfields Redevelopment Bonus Refund application for Publix Super Markets, Inc., and commits the City of Clearwater to refund 10% of the eligible tax refund upon certification by Enterprise Florida. The Florida Legislature created Florida Statute, Section 288.107 Brownfields Redevelopment Bonus as part of the qualified target industry tax refund (QTI) Florida Statute Section 288.106 to encourage Brownfields redevelopment and job creation. If approved for the Brownfields Redevelopment Bonus Refund, the applicant will receive a per job award equaling 20% of the average annual wage of new jobs they create, not to exceed $2,500 per job. No more than 25% of the total refund approved may be taken in any single fiscal year. Eligible businesses include mixed use business activities such as multiunit housing, commercial, retail and industrial. Publix Super Markets, Inc.’s application to Enterprise Florida for the new 27,600 square foot grocery store located at 619 South Fort Harrison Avenue is requesting local support for eighty (80) new jobs in the City’s State Brownfields designation. Anticipated opening for the store is September 2002 and the eighty (80) jobs opportunities will be created by December 31, 2002. Twenty (20%) local financial participation is requested which breaks down to 10% from the City of Clearwater and 10% from Pinellas County. Under the full scenario, the City’s 10% commitment for the $200,000 maximum award will be $5,000 (2003) year 1, $5,000 year 2, $5,000 year 3, and $5,000 year 4 for a total $20,000 funding. The Economic Development Department was commended for their work with Enterprise Florida. Assistant City Manager Ralph Stone said the City is pushing hard to get the State and other Economic Development agencies to think about urban redevelopment and built-out communities. It was remarked that the City should continue to push for lower thresholds. FD FIRE Award a contract to Pierce Manufacture Inc. Appleton, WI for the purchase of a 2002 Pierce Enforcer engine in the amount of $304,562, net a trade-in allowance of $137,500, for a net allocation of $167,062. In Calendar Year 2000 a Commission-appointed Fire Task Force confirmed the 5-year Fire Department Strategic Plan, which included a recommendation to replace and/or upgrade the existing apparatus due to age and loss of utility. This new purchase is a more cost effective approach to upgrading our apparatus fleet. It will provide a more capable, longer lasting unit, and will eliminate any upcoming refurbishment to our current 1993 Saulsbury fire apparatus, which will soon reach its 10-year service life. This unit shall be obtained through using the existing Saulsbury trade-in value as a down payment and transferring the balance from the existing refurbishment account funding as shown below: Cost of Apparatus = $304,562 Less Trade-In Allowance = -137,500 Balance from Refurb Account = $167,062 The original intent was to refurbish the 1993 Saulsbury engine at the 10-year point, extending its frontline life five years, costing $200K. Research shows that trading it for a new engine, with the balance from the planned refurbishment fund, would both reduce overall expense, and increase apparatus capabilities and significantly extend life expectancy. This adds five years to frontline status with an additional five years as a reserve unit—an overall 10-year increase in unit service. The purchase of new apparatus shall be in compliance with “The Lake County Bid Contract”. This bid process was recently used for the two most recent engine purchases for the City. Completion of this purchase will replace a unit that no longer provides a useful or functional purpose, but currently holds an acceptable market value. The new apparatus will meet NFPA 1901 recommendations. Funding for this contract will be provided by a third quarter amendment transferring $167,062 from capital improvement project 315-91213 to a new capital project 315-91246, Frontline Fire Engine Replacement. In response to a question, Fire Chief Rowland Herald said the multifunction apparatus does not meet the needs of the Fire Department because many of its components are insufficient. The single function apparatus meets those requirements. Award a contract to Pierce Manufacture Inc. of Appleton, WI in the amount of $879,010.72 for the purchase of One (1) new 2003 "SkyArm" Aerial Apparatus in accordance with sec. 2.564 - (1) (d), Lake County bid #99-150. In CY 2000 a Commission-appointed Fire Task Force confirmed the 5-year Strategic Plan, which included a recommendation to replace the existing aerial trucks due to age and loss of utility. The Commission approved the project with funding to be provided via Penny for Pinellas. This unit will replace One 1987 Sutphen aerial apparatus. This current unit shall be placed in a reserve status for the department at delivery of new unit. Estimated delivery shall be February 2003. Ordering the aerial at this time is necessary due to the long lead-time (240 – 300 days after receipt of order) required to construct a unit of this type. The new aerial will significantly up-grade the abilities of the unit it replaces. This unit will maintain design and operational features consistent with the department’s second aerial in service at this time. It will also provide for consistent driver operator qualifications, equipment inventory, and fire shop maintenance procedures. This aerial will meet the current NFPA 1901 recommendations. This unit was identified in the Capital Improvement Budget Program in fiscal year 2002/03 in the total amount of $1,200,000 to be funded from Penny for Pinellas Funds. The project will instead be established at mid year in the amount of $879,010.72 to provide funding for this contract in the current fiscal year. In response to a question, Chief Herald said the apparatus is being ordered this year and paid for with funds currently allocated in Penny for Pinellas next year. He said this apparatus is larger with a higher elevation capacity. FN FINANCE Adopt Resolution 02-30 providing for the sale of not to exceed $60 million Water and Sewer Revenue Bonds, Series 2002. A Water and Sewer rate study was completed which proposed a 7% increase in water and sewer rates effective 7/1/01, 4/1/02, 1/1/03, 10/1/03, and 10/1/04. The City Commission approved these rate increases which are sufficient to provide for operations, capital projects, and debt service on bonds issued during this time period. This rate study identified a need for approximately $137.3 million in capital projects, with bonds to be issued in 2002 of approximately $53,776,000 and in 2004 of approximately $35,657,000 and with interim financing of $23,239,000 in 2005 in anticipation of a $40,644,000 bond issue in 2006. Ordinance 6915-01 was adopted on November 15, 2001, which authorizes the issuance of Water and Sewer Revenue Bonds to finance these improvements. Resolution 01-07 was adopted on March 1, 2001 which provided for the City to begin work and to be reimbursed upon issuance of the bonds. Following is the list of $53,776,000 in projects to be financed from the 2002 bond issue: Amount Northeast Advanced Waste Water Treatment Carousel $ 315,600 Laboratory Building 2,198,960 Water Pollution Control Master Plan – Phase III and IV 1,700,040 Pump Station Replacement 4,560,000 Reclaimed Water 7,253,920 Northeast Improvements 7,079,020 Water Treatment Plant 6,250,000 Sewer Interceptor Lines 1,781,000 Sewer Manholes & Gravity Lines 500,000 Water Disinfection Systems 1,400,000 Water Service Lines 1,000,000 Clearwater Harbor Sewer Line Relocation (JPA) 550,000 Clearwater Harbor Force Main (Bridge) 1,440,560 Clearwater Harbor Water Transmission Main Replacement 1,848,480 Water Supply & Treatment 1,951,000 Line Relocation – Capitalized 1,709,200 Meter/Backflow Prevention Device Repair/Change-out 275,000 WPC Master Plan Phase II 1,200,000 Sanitary Sewer Renewal & Replacement 8,218,000 AWT Facilities 545,220 Sanitary Sewer Relocation 2,000,000 Total $53,776,000 This resolution authorizes the competitive sale of not to exceed $60 million of Water and Sewer Revenue Bonds, and authorizes the Finance Director and City Manager to award the sale of the bonds to the best bidder. Only the amount of bonds needed to fund the $53,776,000 construction costs will be issued. In response to a question, Public Works Controller Keith Bush said the $37.3 million in capital projects is not financed entirely by bonds but comes from water and sewer revenue or from outside sources. HR HUMAN RESOURCES Authorize the City to hire Deborah Crumbley, Esq. of Thompson, Sizemore and Gonzales to assist the City in contract negotiations with the International Association of Fire Fighters (IAFF) and Communications Workers of America (CWA). This summer, the City of Clearwater will be entering into contract negotiations with the two bargaining units within IAFF and one bargaining unit in CWA. The Human Resources Department desires the assistance of Deborah Crumbley, an attorney with expertise in the area of contract negotiations and employment issues. The initial budget for this assistance is estimated at $50,000. A third quarter budget amendment will provide the appropriation of $50,000 from the unappropriated retained earnings of the General Fund to provide funding for these projects. In response to a question, Mr. Ebelke said Ms. Crumbley has worked with the City in the past. Ms. Akin said the City has worked with this law firm for 10 years and they do excellent work. They handle much of the City’s labor and employment needs. PR PARKS AND RECREATION Approve amended Amendatory Agreement between the City of Clearwater and the Philadelphia Phillies, correcting scrivener's errors in legal description and definition of "Community Sports Complex". On May 16, 2002, the City Commission approved the Amendatory Agreement between the City of Clearwater and the Philadelphia Phillies which modified and amended 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. Since approval of the Amendatory Agreement, it has been discovered that scrivener’s errors were made in two sections of this document. Exhibit “A”, Collateral Site - Legal Description Parcel 1 and Parcel 2 Page 3, Definition of “Community Sports Complex” (regarding types of seats) These are the only sections of the Agreement being corrected. All other terms and conditions remain the same. Parks and Recreation Director Kevin Dunbar said one scrivener error was related to seating in the facility; the other two errors involved the wording in the legal description of the collateral site. Ms. Akin said these errors must be corrected by approval of the Commission. PW PUBLIC WORKS Presentation: Downtown Parking Study - Urbitran Associates (WSO) Parking Facilities Manager Tracy Bruch said last fall, a parking study was approved for the downtown. Mr. Matt Lotenz, Department of Transportation Division, Urbitran Associates, presented the results of the study. He reviewed parking study objectives, demand data, comments from public workshops and interviews, and four potential parking garage sites for the downtown. Barbara Chance, Chance Management Advisors, addressed financial feasibility of the sites including the impact of the new Memorial Causeway bridge. In response to a question, Ms. Chance said each of the four alternatives relocates monthly rental patrons. Each of the potential garages is of different sizes with different construction costs. The City would have to subsidize the parking. In her assumptions, Ms. Chance said she anticipates that parking for Steinmart and the Main Library would remain free of charge. She did not know what the parking arrangements would be for the Harborview Center, as the lease for vendors is coming up for renewal in 2004. Concern was expressed that a lot of unanswered questions remain, including possible renovations to the Harborview Center and its long term condition, and if an entrance to the Harborview Center from Osceola Avenue is viable. It was remarked that a parking garage would have already been built if it had been considered to be profitable in downtown. City Manager Bill Horne said the previous Commission refused to pursue a parking facility on south beach due to the large deficit it would incur. He said if the City wants to address parking in the downtown at any level, it must be prepared to carry some amount of deficit. It was remarked that a Laura Street garage would preserve the AmSouth building and encompass the Calvary Baptist Church building and the historic hotel on Cleveland. Mr. Lotenz said Cleveland Street is heavily used with on street parking. He felt “way-finding” signs would be a good tool to direct motorists to other parking areas. The signs would dispel the perception that there isn’t enough parking in the area. He said generally, people walk distances of 500 feet to their destinations, but don’t mind walking in a downtown environment. The parking study recommends $ .50/hour for parking meters on Cleveland Street. Other suggested rates are listed in the report. He said the number one site cited in the report is on Osceola Avenue. The next three sites were Laura Street, Cleveland Street and Garden Avenue/station square sites, respectively. Ms. Chance said the City must consider all the issues. It has an agreement to provide a certain number of parking spaces for the Harborview Center. Her firm has provided financial forecasts as to how each of the proposed garages would perform. However, it boils down to how much the City wants to spend and if it wants to make the garage self-supporting. The inability for fees for parking to rise affects the performance of those garages. It was remarked that the Osceola garage would also serve Library patrons. Concern was expressed that parking meters were discontinued at the beach because of aggressive enforcement; this report recommends installing parking meters and aggressive enforcement. Mr. Horne said as staff’s assessment for the City’s parking needs were questioned in the past, it was felt that a parking study was necessary. This study addressed all the issues including fiscal responsibility. The issue is how much support does the City want to give to incorporate a parking garage in the downtown. It was remarked that there is only a perceived parking problem in downtown. Ms. Bruch said staff feels parking meters would help turn over the parking spaces. Staff has received complaints from downtown businesses that employees are parking all day in 2-hour spaces and they want the City to enforce the meters. Mr.Lotenz said the parking in downtown could be shortened to 30 minutes in some areas. He said if the 61 spaces on Cleveland Street were metered, they would provide over 600 spaces in the downtown. He said parking is a resource that the City definitely needs to manage. He said the recommendations in this report in totality help the parking system better manage the existing spaces. Ms. Bruch said Parking Facilities staff is developing a plan to handle parking enforcement instead of the Police Department. In response to a question, Ms. Bruch said the cost of the parking study was $98,000. Assistant City Manager Ralph Stone said the timing of the parking study is excellent as the City is in a redevelopment mode. He said the City would have to subsidize a parking facility sometime in the future in order to move forward in the downtown. There are many short and long term unknowns and decisions to be made including acquisition of various sites and the players involved, disposition of the Bluff, coachman Park, etc. Mr. Horne said staff will come back to the Commission with recommendations on what to implement. Approve Addendum I to the Conceptual Approval Agreement between the Florida Communities Trust and the City of Clearwater for the Kapok Wetland and Floodplain Restoration Project. The City Commission accepted funding in the amount of $3,500,000 and approved the Conceptual Approval Agreement between the Florida Communities Trust and the City of Clearwater for the Kapok Wetland and Floodplain Restoration Project on January 24, 2002. The Agreement assumed that the acquisition of the Friendly Village of Kapok would be made “jointly” with Florida Communities Trust. The City has acquired the property without the assistance of Florida Communities Trust, which now requires the Agreement be revised to fit the “pre-acquired” process included in the project list associated with Resolution 01-07. Engineering Manager Al Carrier said 50 homes have been purchased and 12 families have been relocated. The remaining 38 families will be relocated within 30 days. There are 121 homes remaining. . Approve award of the East Advanced Pollution Control Facility Motor Control Upgrades (01-0057-UT) to Leedy Electric Corporation of Mulberry, FL in the amount of $339,716, which is the lowest responsible bid received in accordance with the plans and specifications. The purpose of this contract is to construct new motor controls and new variable speed motor drives to replace existing constant speed motor drives. These electrical improvements will allow the City to replace older pumps with new submersible pumps. The new pumping systems will allow better control of the rate of flow to the treatment processes, improving the ability to maintain high-level treatment. The new variable speed drives will provide a higher efficiency operation to reduce electrical power consumption. The design of the new systems will accommodate a future upgrade of the SCADA (Supervisory Control and Data Acquisition) system to be constructed. Resolution 01-07 was passed on March 1, 2001, establishing the City’s intent to reimburse certain project costs incurred with future tax-exempt financing. The projects identified with 2001 revenue bonds as a funding source were included in the project list associated with Resolution 01-07. Sufficient budget is available in the ’02 Water & Sewer Revenue Bond Construction Fund project WPC Master Plan Phase III, 343-96685. Anticipated completion date is March 2003. Mr. Quillen said staff has not calculated the return on investment for this project. Some of the old pumps need replacement. There are ongoing issues with maintaining discharge requirements by the State. Public Utilities Director Andy Neff said the SCADA system allows modifications to be made for controls at the east plant and will be compatible for electronic signaling of the equipment. Approve a State of Florida Department of Transportation Traffic Signal Maintenance and Compensation Agreement and adopt Resolution 02-36. The City and the Florida Department of Transportation (FDOT) have determined that it is in the best interest and economic advantage of both parties to enter into a Traffic Signal Maintenance and Compensation Agreement. Proper and timely maintenance of traffic signals is important to the City for public safety reasons. This agreement is the required mechanism for City Traffic personnel to operate and maintain traffic signals on state roads within the City. FDOT agrees to pay the City annual compensation based on the signal locations listed in Exhibit A. Payments will be made in accordance with Exhibit B. FDOT has phased in their reimbursement amounts over a 5-year period, with year 5 representing 100% state reimbursement. The reimbursement will be $17,173 in FY 02/03 and will incrementally increase to $70,741 in FY 06/07. This agreement ensures the sovereign immunity of the City pursuant to Chapter 768.28, Florida Statutes. In response to a question, Mr. Quillen said the reimbursement amounts are annually for a five-year period. He said a similar agreement regarding street lights is forthcoming. Staff was complimented for their work regarding this item. Authorize staff to solicit bids for demolition of the fountain at the Entryway to Clearwater Beach. At the October 1, 2001 Work Session staff presented various options for the fountain area of the roundabout. Commission comments were received, and the consensus was to consider these comments and review the submittals for the Clearwater Beach Association design contest, with further discussion to occur following completion of the geometric improvements and the 2002 Spring Break. Most comments reflected the need to reduce potable water consumption, reduce maintenance costs, eliminate the canyon-like effect on motorists, maintain some sort of water feature, and prohibit pedestrian access. Based on these comments, at this time staff is recommending that the above ground portion of the fountain be removed and temporarily replaced with sod and a pedestrian barrier. The underground piping would remain for possible future use with a different water feature. The permanent design for this entire area should be determined through a public art evaluation process. The estimated cost for demolition and sodding is $150,000 to $175,000. The time frame to advertise and receive bids would result in a contract award in September, with demolition taking less than 30 days. It was remarked concerns that the fountain blocked vehicular visibility were discussed in previous Commission meetings. Mr. Quillen said demolition and sodding would be funded from Penny for Pinellas funds. He said $870,000 is left in the budget. In response to a question, Public Works Administrator Mashid Arasteh said plans to soften the curve on the east side of the fountain that exits to the beach was not part of the formal recommendation but was left up to staff’s discretion. Staff will continue to monitor whether that change is necessary. PLANNING (Cont. from 6/6/02) - Public Hearing & First Reading Ord #6977-02, 6978-02, 6979-02 - Approve Annexation, Land Use Plan Amendment from County Residential Suburban and Preservation to City Residential Urban and Preservation and Zoning Atlas Amendment from County Zoning Rural Residential to City Low Medium Density Residential and Preservation of properties at 2301 Chautauqua Avenue (M&B 24/03, 24/04, 31/01 and Lot 4, Block 38, Unit 1, Section A Chautauqua "On the Lake" Section 32-28S-16E) (Lawrence H Dimmitt III & Larry H Dimmitt Jr, Trustee) ANX 02-02-04, LUZ 02-02-03 This development site is comprised of four parcels of land owned by two different property owners. It is located on the east side of Chautauqua Avenue, west of Lake Chautauqua, approximately 700 feet east of U.S. Highway 19 North. The property is 23 acres in area and includes 2.56 acres of wetlands. Two single-family dwellings, tennis courts and other accessory structures currently occupy the property. This annexation, land use plan amendment and rezoning is requested in order to construct townhomes. Water and sewer service will be required at the time of development and 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. Please refer to the attached annexation (ANX 02-02-04) report for the complete staff analysis. 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 applicant is requesting to amend the Future Land Use Plan Map designation of these parcels from the County’s Residential Suburban (RS) and Preservation (P) categories to the City’s Residential Urban (RU) and Preservation (P) categories. Additionally a zoning atlas amendment is requested to rezone the parcels from the County’s Rural Residential (R-R) District to the City’s Low Medium Density Residential (LMDR) and Preservation (P) Districts. 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 Pinellas Planning Council and the Board of County Commissioners acting as the Countywide Planning Authority. Due to the size of the plan amendment site, review and approval by Florida Department of Community Affairs is required. Long Range Planning Manager Gina Clayton said the City Commission continued this case at their June 6, 2002, meeting. The applicant has submitted an amendment to the application requesting a Residential Low category that permits 5 units per acre. No other changes were requested for the zoning designation. This amendment would allow a total of 90 units versus 135 units originally requested. The current designation allows 86 total units. She said as this request is less intense than the original application, re-advertisement was not required. Mr. Horne said the applicant’s attorney, Harry Cline, has been in contact with everyone that spoke against this item at the June 6, 2002, Commission meeting, and has received favorable feedback from most of them regarding this change. SW/GS SOLID WASTE/GENERAL SERVICES Approve 20-year contract with M/A-COM Private Radio Systems, Inc. to manage and maintain the Clearwater Radio System from July 1, 2002 through September 30, 2022 with an additional 5-year extension option. Clearwater has operated an 800 MHZ radio system since 1988 . Pinellas County requested to take over Clearwater’s 11 frequencies, integrate Clearwater into the county radio system and use the frequencies to serve Clearwater and the north zone of Pinellas County. The Pinellas County Radio System is a Motorola system and is not compatible with Clearwater’s current radio system. Conversion to the county system will necessitate the purchase of all new user equipment (radios, consolettes, and ancillary items) at an approximate cost of 2.7 million dollars. The statewide Law enforcement network is a M/A-COM system with which Clearwater is compatible. Pasco, Hillsborough and Manatee Counties are M/A-COM systems. Sarasota County is Motorola. Clearwater has an existing interlocal agreement for emergency support with Hillsborough County that is a compatible system. Clearwater is able to communicate with needed units on the Pinellas County radio system by use of two existing channels. Clearwater staff did an operational and cost effectiveness analysis of three options. Option 1 was to allow the county to take over and operate the radio system. Option 2 was for Clearwater to continue operating the system as they have been doing. Option 3 was to contract with M/A-COM to manage and maintain the system under Clearwater control. Option 3 was determined to be the most cost effective and beneficial option since it costs $142,000 less over the life of the contract and Clearwater can retain it’s frequencies, use its still serviceable user equipment, avoid the initial cost of purchasing all new user equipment, and continue to control the operation of the system while M/A-COM provides the management and maintenance expertise needed. Clearwater will determine purchase of new user equipment on an as needed basis. Staff recommends Option 3. Police Chief Sid Klein said switching service could reduce service levels to Police Officers and citizens. The City has flexibility and control over the current system. The single biggest issue is interoperability between Police and Fire departments. With very little effort, the Fire Department could re-establish communications through the Police Department’s system. Solid Waste Director Bob Brumback expressed concern that there would be insufficient room on the Motorola system for the City as it would have to share with the County and other municipalities. The City would receive no benefits by giving up the current system. M/A-COM is willing to make a substantial investment in the current system to upgrade the City’s infrastructure and convert it to digital communications if the City agrees to extend the contract 20 years. Radios cost $3,000 each. The City would save money by keeping serviceable radios on the network during upgrades. In response to a question, Mr. Brumback said the County has antennas on the City’s tower . The City helps the County whenever possible. Police Communication Supervisor Brian McLaughlin reviewed the history of the M/A-COM system. In response to a question, Mr. Brumback said if the City switched to the County’s Motorola system, it would give up its frequencies with no ability to regain them. City Attorney Pam Akin said the County is willing to let the City maintain ownership of the frequencies, but they would have control over them. Discussion ensued regarding the benefits of being on the same system as the County and other municipalities. Mr. Brumback said the City has no problem communicating with its neighboring municipalities. He said Hillsborough County is the backup for Clearwater. Mr. Horne said Motorola representatives would like the opportunity to present their perspectives on this item and answer questions. He read a letter received from the County regarding their position. CLK CITY CLERK Appointment to the Long Center Board of Directors City Clerk Cyndie Goudeau said one vacancy exists on the Long Center Board of Directors due to Scott Tyler’s resignation. The Executive Committee of the Long Center recommends that Mr. Jim Appelt be appointed as the Clearwater representative to the Board. Appointment to the Municipal Code Enforcement Board (one vacancy) Ms. Goudeau said one vacancy exists on the Municipal Code Enforcement Board. There are six nominees. Concern at a previous meeting was expressed that there are no current members from zip code 33761. Discussion ensued regarding the nominees’ qualifications and background. Consensus was to discuss and appoint a new member at the Commission meeting. Appointment of a City Commission member as voting delegate to FLC Conference August 15-17, 2002 Ms. Goudeau said the Florida League of Cities’ Annual Conference will be held at the Boca Resort & Club in Boca Raton, Florida, on August 15 – 17, 2002. Each City must designate one person to be the voting delegate. One official from each City will make decisions that determine the direction of the League. The League must receive resolutions and voting delegate forms no later than July 15, 2002. It was remarked that this item should be discussed when the Mayor is present. CA LEGAL DEPARTMENT Authorize an increase of $40,000 to the monetary limit on the contract with the firm of John Fernandez for outside counsel services related to representation in Crouch v. City of Clearwater, et al., Case No. 93-2860-CI-21, including any interlocutory appeal proceedings. (Consent) Public hearing (second) – Approve Stipulation for Entry of Final Judgment in The Laura Nall Connelly Trust v. City of Clearwater, Case No. 01-002523-CI-15 The City has been involved in litigation relating to a claim of Excessive Force against Chief Sid Klein and former Police Officer Robert P. Milliron regarding an incident that occurred on August 16, 1991, during which John Crouch was shot and killed by Officer Milliron. The City Commission approved outside counsel services for the defense of Officer Milliron in this case on November 8, 1993. The Plaintiffs have been extremely resistant to mediation, arbitration, or settlement of this case. However, Mr. Fernandez is working on a Motion for Summary Judgment that will be filed in the near future. An additional budget of $40,000 is estimated for the full defense of this lawsuit. A third quarter 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. Ms. Akin said to date, total expenditures related to this case are approximately $150,000 to $160,000. She said the plaintiffs have refused to attend some of the mediation and arbitration meetings that were ordered. There is a possibility the case could be dismissed due to their non-cooperation. The court’s goal is to get both parties to mediate or arbitrate the case. These additional costs are for former Police Officer Robert Milliron’s attorney. Ms. Akin said if the City prevails, it could only attempt to recover some of its legal costs. Public hearing (second) – Approve Stipulation for Entry of Final Judgment in The Laura Nall Connelly Trust v. City of Clearwater, Case No. 01-002523-CI-15 The Laura Nall Connoly Trust initiated litigation following the denial by the City of Clearwater of its application for a comprehensive land use plan amendment from residential Low Medium and residential Urban to Residential/Office Limited, and for a rezoning from Mobile Home Park to Office zoning district. These proceedings in Circuit Court were stayed pending proposed purchase of the real property through the Florida Communities Trust program. The Stipulation for Entry of Final Judgment provides that the property shall have the land use classification and zoning district classification sought by the applicant/current owner, and that these shall run with the land. A Final Judgment would be requested on that basis. However, it is contemplated that upon closing of the sale transaction, the property will be reconveyed to the City of Clearwater, which will seek a comprehensive land use plan amendment and rezoning allowing use of the property as a public park. This item is being advertised as if it were a comprehensive land use plan amendment and rezoning pursuant to Florida Statutes Chapters 163 and 166, with two public hearings and two readings. In response to a question, Ms. Akin said since the Commission denied changing the land use plan designation, the value of the property was not supported by appraisal. In order to support the appraisal and for Florida Trust to purchase the property, this change is necessary. City Manager Verbal Reports Public Communications Director Jackii Molsick presented samples of Commission letterhead. Consensus was to add individual e-mail addresses on Commissioners’ stationery. Commission Discussion Items Commissioner Jonson said he received a copy of the Visioning summary from TBRPC. A Comprehensive Economic Development Strategy also is coming up. PSTA is discussing their budget. Changes are being considered regarding advertising on PSTA busses. PSTA is recommending eliminating advertising on the exterior of busses due to legal costs. He obtained a Florida Waters Book at a mini-conference in Crystal River and will leave it in Commission office. He said the construction project on Corona at Cleveland Street is part of a drainage projected needed for Drew Street. It appears that the FDOT does not notify local area businesses or residents or post signs to explain their projects. Commissioner Hamilton said one of his relatives did not receive notification of the drainage project at Corona and Cleveland Street and could not get into their garage as it was blocked off. Mr. Horne said City staff would contact the FDOT regarding notification of the project. Adjourn The meeting adjourned at 12:53 p.m.