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09/20/2001 . CITY COMMISSION MEETING CITY OF CLEARWATER September 20, 2001 Present: Brian J. Aungst Ed Hart Whitney Gray Hoyt P. Hamilton William C. Jonson Mayor/Commissioner Vice-M ayor /Com m issi 0 ner Commissioner Commissioner Commissioner Also present: William B. Horne II Garry Brumback Pamela K. Akin Cynthia E. Goudeau Patricia O. Sullivan 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 invocation was offered by Father Patrick Donovan, visiting Priest from Rio de Janerio, Brazil, now at St. Brendan's Catholic Church. The Mayor led the Pledge of Allegiance. Dan Moran led the audience in singing "God Bless America." To provide continuity for research, items are in agenda order although not necessarily discussed in that order. . ITEM #3 - Service Awards Six service awards were presented to City employees. ITEM #4 - Introductions and Awards - None. ITEM #5 - Presentations a) Library Foundation Capital Campaign Update Jim Harper reported the Library Foundation Capital Campaign has raised $2.4-million in pledges toward the construction of the new main library. He anticipated the committee will raise more than half of its pledges by the time drawings are 50% complete. The Commission thanked the Library Foundation for their efforts. ITEM #6 - Approval of Minutes - September 6. 2001 In reference to page 20, Commissioner Jonson noted the word "manager" should read "manage." . Commissioner Jonson moved to approve the minutes of the regular meeting of September 6, 2001, as corrected. The motion was duly seconded and carried unanimously. mcc09b01 1 9/20/01 . . . ITEM #7 - Citizens to be heard re items not on the AQenda Carl WaQenfohr requested staff contact all Island Estates residents regarding the Island Estates NCOD (Neighborhood Conservation Overlay District) public meetings. Tom Nocera said Clearwater's Liberty Tree, dedicated July 4, 2000, was the first of nationwide observations. He recommended a large flag and flagpole replace the roundabout fountain Anne Garris reviewed Clearwater Beach Association plans for the roundabout design competition. Fran Glaros congratulated efforts to raise funds for the new main library. She requested more harmony among City Commission members. PUBLIC HEARINGS ITEM #8 - Public HearinQ & First ReadinQ Ord. #6836-01, #6837-01 & #6838-01 - Annexation (& redefining boundary lines of City to include said addition), Land Use Plan Amendment to Residential Urban & LMDR Zoning, 3011 Virginia Ave., Bay View City Sub., Blk 1, N 47' of Lots 5 & 6 (Taylor G. Bingham III) The property owner has requested this annexation of 0.11 acre to receive sanitary sewer and water services from the City. The property will have a land use plan designation of Residential Urban. Low Medium Density Residential (LMDR) zoning is proposed. The site is vacant. The applicant intends to relocate a 1,188 square-foot, single-family home to this site. The property is non-conforming with regard to lot area and width. The parcel does not meet the minimum lot area of 5,000 square-feet and 50-foot minimum width. The applicant has applied for a Flexible Standard development to reduce the required lot area to 4,700 square feet and the lot width to 47 feet as part of a Residential Infill Project. On July 12, 2001, the DRC (Development Review Committee) reviewed the application and supporting materials. The annexation is consistent with the Future Land Use Map and goals and policies in the City's Comprehensive Plan. Staff recommends approval. Commissioner Hamilton moved to approve the Petition for Annexation, Land Use Plan Amendment from County Residential Urban to City Residential Urban and Zoning Atlas Amendment from County zoning Residential, Single Family District (R-3) to City Low Medium Density Residential (LMDR) Zoning district for 3011 Virginia Avenue (north 47 feet of Lots 5 and 6 at Bay View City Subdivision Block 1, in Section 16, Township 29 south, Range 16 East). The motion was duly seconded and carried unanimously. mcc09b01 9/20/01 2 . . . The City Attorney presented Ordinance #6836-01 for first reading and read it by title only. Commissioner Jonson moved to pass Ordinance #6836-01 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hart, Gray, Hamilton, Jonson and Aungst. "Nays": None. The City Attorney presented Ordinance #6837-01 for first reading and read it by title only. Commissioner Gray moved to pass Ordinance #6837-01 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hart, Gray, Hamilton, Jonson and Aungst. "Nays": None. The City Attorney presented Ordinance #6836-01 for first reading and read it by title only. Commissioner Hart moved to pass Ordinance #6836-01 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hart, Gray, Hamilton, Jonson and Aungst. "Nays": None. ITEM #9 - Public Hearing & Second Reading- FY2002 Budget a) Penny for Pinellas Project List On March 6, 1997, the City Commission adopted Ordinance #6137-97, which established a requirement for a special hearing prior to the adoption of the capital improvement budget, to discuss the use of Penny for Pinellas tax, and at any time in which changes are proposed to Penny for Pinellas funding of $500,000 or more. New projects funded under this proposal: 1) $2-million - major renovation and expansion of Fire Station 48 (Belcher Road) and 2) $72,000 - recreation trails. The plan reflects a savings of $6,165,948, in anticipated debt costs on the recently approved Penny for Pinellas bond issue funding projects for the Memorial Causeway Bridge, the Clearwater Beach Entryway, and the Main Library. Budget Director Tina Wilson reviewed changes to the Penny for Pinellas Project List, which reflect City Commission priorities of public safety, quality of life, economic development, and infrastructure. Work on fire facilities is scheduled for 2002 for the Northwest station, 2003 for the training facility, 2004 for the Clearwater Mall station, and 2006 - main station. Work on recreation centers is planned in 2003 for Ross Norton and in 2008 for Morningside. Concern was expressed regarding the large amount of contingency funds. Ms. Wilson said with many projects underway, few changes were made this year. It was mcc09b01 9/20/01 3 . . . suggested available funds be spent now on future Penny for Pinellas projects. Assistant City Manager Garry Brumback said staff will bring forward options for consideration following the City Commission visioning session. It was suggested part of the additional funds be pledged to the YMCA capital campaign. A report on the amount of the overage was requested. Concern was expressed precedent would be established if the City makes a sizable donation to one non- profit organization. The City Attorney stated Penny for Pinellas limitations may disallow this suggested use of funds. Unlike Ruth Eckerd Hall and the Long Center, the City does not own the YMCA property. The City Manager said staff will review funding strategies once the City Commission provides direction. One citizen stated several projects on the first Penny for Pinellas list never were completed. A list of Penny for Pinellas projects that were not funded with Penny for Pinellas funds was requested. Mr. Brumback said a majority of those projects had been funded by other sources. Commissioner Hamilton moved to approve the recommended Penny for Pinellas project list, as revised, for fiscal years 2001/02 through 2009/10, and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. b) Second Reading Ord. #6841-01 - declaring Millage Rate to be levied for Fiscal Year beginning 10/1 /01 and ending 9/30/02 at 5.5032 mills (levy of 5.5032 mills constitutes a 7.58% increase over the rolled back rate of 5.1156 mills) Commissioner Gray moved to amend Ordinance #6841-01: 1) the first "whereas" clause should read "WHEREAS, the estimated revenue to be received by the City for the fiscal year beginning October 1, 2001, and ending September 30, 2002, from ad valorem taxes is $29,996,920." and 2) the second "whereas" clause should read "WHEREAS, based upon the taxable value provided by the Pinellas County Property Appraiser, 5.5032 mills are necessary to generate $29,996,920." The motion was duly seconded. Commissioners Gray, Hamilton, Jonson, and Mayor Aungst voted "Aye"; Commissioner Hart voted "Nay." Motion carried. The City Attorney presented Ordinance #6841-01, as amended, for second reading and read it in full. In response to a question, Ms. Wilson explained what appeared to be discrepancies in recently published budget summary advertisements. While one advertisement addressed the ad valorem rate being adopted as part of the general fund, the other advertisement noticed the increase in the gross and taxable values of residents' homes. The Florida Department of Revenue had proofed the advertisements for accuracy. mcc09b01 9/20/01 4 . . . Commissioner Hamilton moved to pass and adopt Ordinance #6841-01, as amended, on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson and Aungst. "Nays": Hart. Motion carried. c) Second Reading Ord. #6842-01 - adopting Operating Budget for Fiscal Year beginning 10/1/01 and ending 9/30/02 The City Attorney presented Ordinance #6842-01 for second reading and read it by title only. Commissioner Jonson moved to pass and adopt Ordinance #6842-01 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson and Aungst. "Nays": Hart. Motion carried. d) Second Reading Ord. #6843-01 - adopting Capital Improvement Program Budget for Fiscal Year beginning 10/1/01 and ending 9/30/02 The City Attorney presented Ordinance #6843-01 for second reading and read it by title only. Commissioner Gray moved to pass and adopt Ordinance #6843-01 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton "Nays": Hart. Motion carried. ITEM #10 - Budget line item savings totaling $241,620; amend fiscal year 2001/2002 operating budget at first quarter to establish designated reserve in same amount NOT A PUBLIC HEARING At the first public hearing on the FY (fiscal year) 2001/02 operating budget, the City Commission identified $241,620 in line item reductions to the final adopted budget: 1) $1 25,000 - Legal Department professional fees; 2) $40,000 - National Development council; 3) $9,700 - Clearwater Chamber of Commerce; 4) $6,920 - National League of Cities; 5) $15,000 - Phillies advertising; and 6) Planning consulting costs. City Commission direction was to amend affected department budgets at first quarter and allocate these savings to a designated reserve for a purpose "to be determined." The first quarter budget report will reflect necessary amendments. mcc09b01 9/20/01 5 . . . Opposition was expressed regarding the decrease in advertising for the Phillies. Commissioner Jonson moved to recognize budget line item savings totaling $241,620 and to amend the FY 2001/02 budget at first quarter to establish a designated reserve in the same amount, and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. Public Hearing - Second Reading Ordinances ITEM #11 - Ord. #6798-01 - implementing grease control program for wastewater collection system The City Attorney presented Ordinance #6798-01 for second reading and read it by title only. Commissioner Hamilton moved to pass and adopt Ordinance #6798-01 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson and Aungst. "Nays": Hart. Motion carried. ITEM #12 - Ord. #6835-01 - Amendments to Community Development Code (re notice requirements for continuances; factors related to NCOD; transfer of Development Rights) In his September 20, 2001 letter, PPC (Pinellas Planning Council) Executive Director David Healy's stated this ordinance deletes the current limitation that provided for a maximum of 20% of the development rights to be transferred from a sending parcel. The Countywide Rules have no such corresponding limitation. The PPC does not object to the ordinance. He expressed concern the City Code does not limit the transfer to a designated redevelopment area pursuant to an approved redevelopment plan. Planning Director Cyndi Tarapani stated this can be addressed in the annual Code update. Opposition to the TDR amendment was expressed. It was felt sending parcel requirements first should be clarified and all related provisions should be in the TDR section of the Code. It was suggested the delay would not affect pending projects. Ms. Tarapani stated, while no plans have been submitted, discussions with staff have occurred related to pending projects, which would be affected. Commissioner Jonson moved to amend Ordinance #6835-01 to delete the portion of the ordinance related to the Transfer of Development Rights. Discussion ensued regarding how quickly these concerns could be addressed. Assistant City Manager Ralph Stone indicated until an ordinance related to this issue is approved, the 20% cap on sending properties would remain in place. The motion was duly seconded. mcc09b01 6 9/20/01 . . . Ms. Tarapani stated Countywide rules do not impose a 20% cap on the sending property. It is important that the receiving site be compatible and consistent with its surroundings. She said Development Services Director Jeff Kronschnabl had indicated the CRT (Community Response Team) could inspect the sending site to be certain it complies with Code. TORs would be delayed until the property meets code. It was recommended that expressed concerns be addressed. Mr. Healy stated this is an issue of interpretation. One person opposed and two persons supported changes to the Code related to TORs. Upon the vote being taken, Commissioners Hart and Jonson voted "Aye"; Commissioners Gray and Hamilton and Mayor Aungst voted "Nay." Motion to amend failed. The City Attorney presented Ordinance #6835-01 for second reading and read it by title only. Commissioner Hamilton moved to pass and adopt Ordinance #6835-01 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton and Aungst. "Nays": Hart and Jonson. Motion carried. ITEM #13 - Ord. #6840-01 - relating to water shortages; adopting an enforcement procedure for violators of water shortage restrictions & providing an appeal process One person stated development should be curtailed during the drought. The City Attorney presented Ordinance #6840-01 for second reading and read it by title only. Commissioner Jonson moved to pass and adopt Ordinance #6840-01 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hart, Gray, Hamilton, Jonson and Aungst. "Nays": None. ITEM #14 - Ord. #6857-01 - Relating to Purchasing; amending Secs 2.561, 2.562 & 2.564 adjusting dollar thresholds for City's purchasing procedures The City Attorney presented Ordinance #6857-01 for second reading and read it by title only. Commissioner Gray moved to pass and adopt Ordinance #6857-01 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson and Aungst. "Nays": Hart. Motion carried. mcc09b01 9/20/01 7 . CITY MANAGER REPORTS CONSENT AGENDA (Items #15 - 26) - Approved as submitted. Consent Agenda items require no formal public hearing and are subject to approval by a single motion. However, any City Commissioner or the City Manager may remove an item from the Consent Agenda for discussion and individual vote. ITEM #15 - Approval of Purchases (& Declaration of Surplus) per Purchasing Memorandum: . 1) Hewlett-Packard Company, service contract for hardware and software maintenance; 10/1/01-9/30/02; $34,212 (IT) 2) Verizon Florida Inc., service contract for high bandwidth services, frame relay and AOSL; 10/1/01-9/30/02; estimated $45,000 (All) 3) PeopleSoft USA Inc., service contract for license fee and maintenance for PeopleSoft system; 10/1/01-9/30/02; $70,740 (IT and HR) 4) Verizon Florida Inc., service contract for telephone services; 10/1/01-9/30/02; estimated $362,350 (All) 5) Verizon Florida Inc., service contract for telephone utility charge; 10/1/01-9/30/02; estimated $50,000 {PO and FO} 6) Department of Management Services, service contract for Suncom long distance service; and centranet lines; 10/1/01-9/30/02; estimated $159,350 (All) 7) Cayenta Canada Inc., service contract for maintenance and support for licensed Cayenta programs; 10/1/01-9/30/02; estimated $72,000 {SBS} 8) Diesel Energy Systems, service contract for generator maintenance and repair; 10/1/01- 9/30/02; estimated $75,000 {GS} 9) L&S Custom Coaches, preparation and painting of negotiator vehicle; increase of $3,500 {PO} 10) Ringhaver Equipment Co., 60kw portable generator sets {used}; 150kw portable generator sets {used}; $102,300 (PU) 11) McKim & Creed Engineers, work order for engineering service; $75,100 (PW) 12) Declare surplus and authorize disposal of vehicles and equipment. ITEM #16 - Authorize settlement of the personal injury claim of Constance Argeropulos, arising from a fall on a City of Clearwater sidewalk, for payment of $40,000 (FN) ITEM #17 - Approve acceptance of FY 2001/02 Local Law Enforcement Block Grant {LLEBG} funding for two years in the amount of $245,829 from the U.S. Department of Justice/Bureau of Justice Assistance (PO) ITEM #18 - Approve an agreement with Clearwater Housing Authority {CHA} to provide additional police services to Jasmine Courts and Homer Villas for a period of two years in exchange for $142,501 in federal grant funding (PO) ITEM #19 - Approve acceptance of third year grant funding in the amount of $34,910 from the State of Florida, Office of the Attorney General, 2001/02 Victims of Crime Act . {VOCAl Grant Program (PO) mcc09b01 8 9/20/01 . . . ITEM #20 -Approve acceptance of $997,800 in federal grant funds for a Neighborhood Policing Initiative for the Homeless and approval of individual agreements with various contractors to perform services related to the grant (PO) ITEM #21 - Approve Florida Recreation Development Assistance Program (FRDAP) project grant agreement for North Greenwood Aquatics Center project, in the amount of $200,000, between the State of Florida Department of Environmental Protection and the City. (PR) ITEM #22 - Approve Florida Recreation Development Assistance Program (FRDAP) project grant agreement for Eddie C. Moore Softball Complex Fields 8 & 9 project, in the amount of $200,000, between the State of Florida Department of Environmental Protection and the City (PR) ITEM #23 - Award a contract for the N. Greenwood Reclaimed Water & Corridor Enhancements (0 1-0029-EN) to Steve's Excavating & Paving of Clearwater, Florida, in the amount of $2,090,001.10 (PW) ITEM #24 - Approve a Cooperative Funding Agreement with the Southwest Florida Water management District (SWFWMD) for the amount of $135,000, providing funding to the City for the City's share of the preliminary engineering for the Water Treatment Facility (PW) ITEM #25 - Accept a Quit-Claim Deed from Morton Plant Hospital Association, Inc. conveying the easterly 18 feet of former Sadler Street right-of-way lying between Lots 1 9 and 20, Bluff View Court Subdivision (PW) ITEM #26 - Award contract for the Lift Stations 27 & 30 Improvements (LF-100599) to Azurix North America Underground Infrastructure, Inc. of Longwood, Florida in the amount of $329,426.90, which is the lowest responsible bid received in accordance with plans and specifications (PW) Commissioner Hamilton moved to approve the Consent Agenda as submitted and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Commission recessed from 7:30 to 7:44 p.m. OTHER ITEMS ON CITY MANAGER REPORT ITEM #27 - Main Library Design Development Presentation - Robert A. M. Stern, Architect Library Director John Szabo reviewed the history of the main library project. The City Commission will consider the design for approval on October 4, 2001. As the Library Foundation Capital Campaign had exceeded its goal to raise $2-million prior to approval of the design, a 90,000 square-foot library can be constructed. mcc09b01 9/20/01 9 . . . Alex Lamis, an assistant of Robert A.M. Stern, reviewed urban design issues related to the site plan. The fa<;ade on Osceola will be pedestrian friendly and feature windows into a ground floor gallery, which also can be used by community groups. The sidewalk will be widened to 18 feet and feature landscaping, including palm trees. A drop-off has been introduced immediately adjacent to the covered area at the entrance, where a new set of doors will be located. A new elevator will be installed inside the entrance. The computer training room will be on the third floor, while the section for young adults will be adjacent to the children's section. Robert A.M. Stern, Architect, stated the gallery can be operated independently of library hours. He reviewed a model of the main library, noting the canopy along Osceola will shelter pedestrians from the morning sun. He indicated solutions to concerns related to sun and wind on the library's west side include the use of laminated glass, and louvers on the canopy and in front of the windows. He reviewed proposed materials including faux coquina stone, stucco, clay roof tiles, and colored concrete. Proposed colors include deep coral and sea foam green. Exterior design features will flow into the interior, which will be bright and airy. The cafe will feature a three-story ceiling and overlook the harbor. Wooden slats on the ceiling and lighting will warm up the interior. He recommended light wood furniture extend the theme to eliminate interior glare. He suggested a custom carpet with the color palette of red and blue. The third floor will have a reading room and the fourth floor will feature special collections. In response to a question, Mr. Lamis said the detail of the window into the staff area adjacent to Osceola has not been completed. He suggested ribbed glass may be used to present a sense of activity without detail. The City Commission thanked Messrs. Stern and Lamis for their responsiveness to Commission input and designing a beautiful library. ITEM #28 - Res. #01-33, authorizing a Joint Participation Agreement (JPAl with the Florida Department of Transportation, for supplement #4 of the Airport Master Plan/Storm Water Management Plan and Permitting JPA FDOT (Florida Department of Transportation) has agreed to increase reimbursable funding for the design and construction of two-ten plane T-hangars and one corporate hangar at Clearwater Airpark, 1000 North Hercules Avenue by $250,000, as a result of revised construction cost estimates. The original JPA, approved in June 2000, was in the amount of $600,000, with the City providing $300,000 and FOOT providing $300,000, a 50:50 cost shared effort. The new total funding provided by FOOT for this JPA is $550,000. The City's contribution has not changed. This increase represents 65% participation by the FOOT and 35% by the City, with no additional cost to the City of Clearwater. An accompanying change order for the hanger construction projects details the portion of these funds used to complete the "T" hanger construction project, $34,989. The remainder of these funds, $215,011, will be allocated to phase two, the Corporate hanger portion of this JPA project. Funding for this project is budgeted in the 2001/02 Capital Improvement Program. mcc09b01 9/20/01 10 . . . Commissioner Hamilton moved to authorize Supplemental Agreement #1 to an existing JPA, approved in June 2000, to complete the design and construction of two aircraft T-hangars and one corporate hangar at Clearwater Airpark, increasing Department and Agency funding by $250,000 and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #01-33 and read it by title only. Commissioner Jonson moved to pass and adopt Resolution #01-33 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hart, Gray, Hamilton, Jonson and Aungst. "Nays": None. ITEM #29 - Res. #01-34, authorizing Supplemental Agreement #1 to complete the Design and Construction of two aircraft T -hangars and one corporate hangar at Clearwater Airpark, a Joint Participation Agreement (JPA) between the City of Clearwater and the State of Florida Department of Transportation, increasing Department and Agency funding by $250,000 Supplement #3 to the Airpark Master plan adds Stormwater Planning to the Airpark Master Plan. FOOT has agreed to increase the reimbursable funding to the existing JPA by $100,000.00 to cover the Stormwater Management Plan and Permitting at Clearwater Airpark, 1000 North Hercules Avenue. This increase represents 77% participation by FOOT, and 23% by the City, with no additional cost to the City of Clearwater Commissioner Gray moved to approve authorizing supplement #4 to an existing JPA (Joint Participation Agreement) with FOOT, adding the funding for the Stormwater Management Plan to the Airpark Master Plan/Stormwater Management Plan and Permitting JPA and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #01-34 and read it by title only. Commissioner Hamilton moved to pass and adopt Resolution #01-34 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hart, Gray, Hamilton, Jonson and Aungst. "Nays": None. ITEM #30 - Approve Change Order #1 to GLE Construction Services, Inc. of Tampa, Florida for new T -Hangars at Clearwater Airpark (00-0031-AP), which will increase the contract by $34,989.00 for a new contract total of $631,010.35, and approve a time extension of sixty (60) days (MR) mcc09b01 9/20/01 11 . . . On June 15, 2000 the City approved Resolution #00-15 authorizing a JPA (Joint Participation Agreement) at 50:50 funding between the City and FOOT to design and construct two aircraft T -hangars and one corporate hangar at Clearwater Airpark. On November 16, 2000, the City Commission approved and awarded project #00-0031-AP, New Airplane T-Hangars at Clearwater Airpark, to GLE Construction Services, Inc. for the sum of $596,021.35. Total funding for the original project scope to construct two "T" hangars (each holds 1 0 planes), and one corporate hangar was $600,000. With this first phase of the project, the two "T" hangars total $631,010.35, and additional funds were requested from the FOOT to complete both the first phase, the two "T" hangars, plus additional funds to complete the second phase of the original project, the corporate hangar. FOOT has agreed to increase reimbursable funding for the JPA project by $250,000, to complete both phases of the original JPA. This was accomplished by FOOT adjusting the funding participation amount from 50:50 to 65% participation by the FOOT and 35% by the City. This results in no additional cost to the City of Clearwater. This Agenda item requests to accept $34,989 of the $250,000 increase for the "T" hangar project, to fund the cost of a drainage system for the hangars required to be added to the project after the original contract date, and establishing a new contract price of $631,010.35. Resolution #01-34 to this Supplemental Agreement to the JPA is the subject of a separate agenda item. Funding is available based on approval of the JPA for an additional $250,000 from FOOT. Commissioner Jonson moved to approve Change Order #1 to GLE Construction Services, Inc. of Tampa, Florida for the New T-Hangers at Clearwater Airpark (00-0031- AP), which will increase the contract by $34,989.00 for a new contract total of $631,010.35, and approve a time extension of sixty (60) days, and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #31 - First Reading Ord. #6853-01 - creating new Section 32.042 of Chapter 32, Clearwater Code of Ordinances; providing for registration of Communications Services Providers Ouring the 2000 Regular Session the Florida Legislature created the Communications Services Tax Simplification Law, effective October 1, 2001. The law is intended to simplify the tax structure for providers of Communications Services and assure that all providers are regulated uniformly. The law prohibits local governments from entering into franchise agreements with providers of Communications Services. In lieu of franchise agreements, the City has elected to use a registration process to maintain a record of all providers of Communications Services using City rights-of-way. The subject Code of Ordinance additions define the process and requirements for providers of Communications Services to become registered with the City. In response to a concern, the City Attorney said the ordinance addresses telecommunications services providers not just communication. mcc09b01 9/20/01 12 . . . Commissioner Gray moved to approve creation of a new Section 32.042 of Chapter 32, Clearwater Code of Ordinances; providing for registration of providers of Telecommunications Services. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6853-01 for first reading and read it by title only. Commissioner Hamilton moved to pass Ordinance #6853-01 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hart, Gray, Hamilton, Jonson and Aungst. "Nays": None. ITEM #32 - First Reading Ord. #6856-01 - amend Clearwater Code of Ordinances, Appendix A, Article XIX, Streets, Sidewalks, Other Public Places, modifying fees charged for right-of-way permits Pursuant to the recently enacted Communications Services Tax Simplification Law, on June 21, 2001, the City Commission adopted Resolution #01-22 electing not to collect right-of-way permit fees from providers of communications services, allowing the City to adopt the increased tax conversion rates for providers of Communications Services. On December 12, 2000, the City Commission approved additions to Chapter 32, Code of Ordinances regarding right-of-way permits. These additions included establishment of an "annual general permit" category. Modifications to Appendix A of the Code of Ordinances exempt providers of communications services from right-of-way permit fees and set a fee for annual general permits. Clarification also has been provided for other right-of-way permit fees, including codification of current policy of charging $150 for all basic right-of- way construction permits for work other than connecting to an existing utility. Commissioner Jonson moved to approve modifications to fees charged for right-of- way permits according to Article XIX, Streets, Sidewalks, Other Public Places of Appendix A, Clearwater Code of Ordinances. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6856-01 for first reading and read it by title only. Commissioner Hamilton moved to pass Ordinance #6856-01 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hart, Gray, Hamilton, Jonson and Aungst. "Nays": None. ITEM #33 - David Mack - Presentation regarding Yacht Basin Redevelopment Proposal David Mack (Mack project) has purchased the Yacht Basin property and proposes a redevelopment plan for the property. Currently, the property is developed with 202 apartment units in outdated "barracks" style structures. Mr. Mack has made presentations on the project to the Clearwater beach neighborhood and business associations and the community in general at the Harborview Center. mcc09b01 9/20/01 13 . . . The Mack project proposes to raze and clear the site and redevelop the property with condominium units in a variety of urban design styles, ranging from 2-story town homes to 130-foot high towers. The project proposes landscaped public pedestrian edges along Mandalay and Baymont. The project also includes an east/west central open space plaza. Mr. Mack has indicated an interest in financially supporting the development of additional public parking near this project. The Mack project will accommodate all required parking on site. The property is in the "Marina Residential District" as defined by Beach by Design. The plan recommends this area be redeveloped "as a waterfront residential development." This area also includes the East Shore area, which is recommended for land consolidation. Beach by Design calls for the height of development of this property to be "mid-rise," generally 50 to 75 feet. The project requires several approvals. The City Commission would need to approve an amendment to Beach by Design to allow additional height. The Community Development Board would have to approve a site plan and design plan. A rezoning of the property to High Density Residential would be appropriate, as the land use of the property already is High Density Residential. This zoning category allows heights up to 130 feet on properties fronting Clearwater Harbor. Staff's preliminary review indicates a sophisticated and desirable design treatment is being proposed. The large size of the property can support the proposal and meet the intent of Beach by Design. Administration recommends initiating an amendment to Beach by Design that will track the same public hearing schedule as the site plan and rezoning. The Beach by Design amendment and rezoning will have final approval by the City Commission after review and recommendation by the Community Development Board. Mr. Stone reviewed the Beach by Design plan. The Plan prohibits the construction of a high rise that extends from lot line to lot line. The plan limits building heights along the East Shore waterfront to 23 feet. Building height limits are stepped up on Poinsettia to five stories. He said when David Mack closed on the Yacht Basin property, he had intended to construct four tall condominium towers. Staff opposed that proposal. He said Mr. Mack has redesigned this proposal with a mix of structure types. An amendment to the Beach by Design plan is requested to increase structural height on the property's northeast corner. Mr. Stone supported the request to change the zoning to high density. He requested the City Commission receive a presentation of the proposed concepts and direct staff to move forward with related amendments. In the future, amendments will be presented to the CDB (Community Development Board) and City Commission for approval. Ed Armstrong, representing Mr. Mack, said Beach by Design is a planning tool to control development. He said the proposed quality redevelopment will be a catalyst for the area. He requested staff be directed to initiate an amendment to Beach by Design. David Mack said he had incorporated concepts recommended by the community into the Catalina Beach Resort project's design. The project requires no TDRs. The almost 6.2 acres- site is buffered on three sides by the Clearwater Beach Recreation Center and water inlet, the harbor, and the Clearwater Beach Hotel. He said a view corridor has been designed between the Clearwater Beach Hotel and the harbor. To address concerns related to the mcc09b01 9/20/01 14 . . . project's south side, which faces East Shore, he said building stories will be stepped back, and two-story town homes will be constructed along the bay frontage on the property's perimeter. The project has been reduced from 236 units to 200 units where 202 units are permitted by Code. Mr. Mack said the building at the corner of Mandalay and Baymont will be razed and replaced with a 2/3-acre public park. He said the public sidewalks will be widened up to 20 feet, with the narrowest section being 12 feet wide. A scenic overlook of the marina area for public use is planned. He said the entry has been moved 65 feet from the road. He said the retention pond will be replaced by underground vaults. A soft surface tennis court, croquet green, and swimming pool will be in the front the property. Structures will be setback from the front property line and provide "softness" along Mandalay. Mr. Mack reviewed planned fac;ade, landscaping, and roof materials. The two taller buildings are oriented east/west and are designed with a gradual four-story step back and more than 100 feet of separation between the structures. He said the Mediterranean village motif will include garden pools, narrow pathways, and intimate spaces. In response to a question, Mr. Mack said all parking will be concealed by buildings. He said the new design has opened the view corridor. It was recommended the step-backs be more significant to soften the mass of the buildings as viewed from the North. Two people opposed the height and five people supported the project. It was felt the Beach by Design plan was recently adopted and should not be changed at this time. It was suggested the project's benefit to the community be reviewed. In response to a statement, Mr. Stone said Beach by Design had identified this property for residential development. In response to a question, Mr. Mack stated he is requesting consideration to increase the project's height to 130 feet for the two towers. He is providing to the community streetscaping on Baymont and Mandalay. It was noted if the density had not been grandfathered due to current onsite development, only 185 units could be constructed on the property. In response to a question, Mr. Armstrong reviewed Mr. Mack's concept related to a north beach parking garage. He said the 3-year offer is a financial incentive to the City to construct the parking garage. Beginning in January 2004, he said the incentive equals the rental value of 75 spaces during the first year, the rental value of 50 spaces during the second year, and the rental value of 25 spaces during the third year. He said the offer equals the lesser of per space construction costs, or $14,000 per space. The offer has no value if the City does not construct a garage within the time period within 600 yards of the yacht basin project. Mr. Armstrong said the project will increase ad valorem taxes to 8 times current levels. In response to a question, Mr. Stone doubted the project will affect the level of service on nearby roads. mcc09b01 9/20/01 15 . . . In response to a question, Mr. Armstrong said the size of the buildings' footprint has not been determined. Mr. Mack said no boardwalk is planned for the property's exterior. In response to a question, Mr. Mack said he had tried to develop a resort but a study indicated the plan was unfeasible. In response to a question, the City Attorney said the Beach by Design plan is geared specifically for each geographic area on the beach. This issue is legislative and not subject to quasi-judicial ramifications. In response to a concern, Mr. Armstrong said any amendments to Beach by Design will be tied to the site plan, which will act as a control mechanism. It was stated the project adds value and emphasizes public amenities along public spaces in return for building height consideration. In response to a question, Mr. Mack said the project has 1.75 parking spaces per residential unit, while Code requires 1.5 spaces. It was suggested pavers proposed for the right-of-way at the project's entrance are out of character. Mr. Mack said the material was suggested to be a good neighbor and provide a connection between this project and the Clearwater Beach Hotel property. Less expensive materials can replace this proposed material. It was noted the site is currently unattractive. It was felt the proposed design is much more attractive than lower structures, built from property line to property line. It was stated the City's project to streetscape Mandalay Avenue always has been budgeted with Penny for Pinellas funds. Concern was expressed regarding inaccuracies stated in e- mails. It was noted the proposal will not result in wall to wall high-rise development along the waterfront. It was stated the City Commission is part of the development process and will judge this proposal on its merits. It was stated the Beach by Design plan is a work in progress. Mr. Stone reviewed controls that limit walling off the waterfront. This action will not establish precedent. Commissioner Hamilton moved to direct staff to move forward in determining the feasibility of amending Beach by Design regarding this specific project at the Yacht Basin site. The motion was duly seconded. It was felt Beach by Design only should be changed for good reason. It was recommended if the project is approved the step-backs be more significant to soften the mass of the buildings. Mr. Stone stated the request is only to amend the height circumstance in this specific geographical area. Upon the vote being taken, Commissioners Gray, Hamilton, and Mayor Aungst voted "Aye"; Commissioners Hart and Jonson voted "Nay." Motion carried. ITEM #34 - Third Quarter Budget Review - FY 2000/01 The report is based on nine months of activities, through June 30, 2001. General Fund expenditure amendments total $709,945, and include $230,000 from the sale of the cultural arts center and allocated for start-up costs for the Northwest Recreation and Aquatics Center and $124,625 in proceeds from a Central Insurance Fund loan for the police equipment approved by the City Commission and allocated to the Police Computer project. Other minor expenditure amendments total $25,320. A $40,000 amendment mcc09b01 16 9/20/01 . recognizes the City Commission approved allocation of retained earnings for repairs to Jack Russell Stadium and additional advertising funds. Anticipated revenue amendments exceed expenditures amendments by $162,618, and this amount is returned to retained earnings at third quarter, requiring only a net allocation of $167,382 from General fund retained earnings. The Water and Sewer Fund expenditures reflect an estimated decrease of $17,972,760 at third quarter. All amendments are a result of the proposed restructuring of the Water and Sewer projects as approved by the City Commission on September 6, 2001. At third quarter, Gas Fund amendments recognize a net increase of $374,210 in gross revenues over expenditures, primarily due to increases in sales revenues and interest earnings. The Gas Operating Fund is anticipating a healthy year end, with estimated gross revenues exceeding operating expenditures by more than $1.5-million for the fiscal year. Budget amendments for the solid Waste fund reflect anticipated increases in commercial collections, roll-off revenues, and other revenues totaling $170,000. Expenditure amendments recognize an increase in dump fees and other expenditures of $50,970. The increase in revenues more than offsets any anticipated increase in expenditures. . Due to the warm winter months, the Marine and Aviation fund reflects an increase of gas and oil inventory purchases, as well as an offsetting increase in fuel sales. At third quarter, Parking Fund revenues reflect an anticipated increase of $124,000 in annual interest earnings. Estimated gross revenues are expected to exceed operating expenditures by more than $1-million for the fiscal year. The third quarter amendments recognize the appropriation of $100,000 of retained earnings to the capital project for the Financial System Replacement, which was approved by the City Commission in July, and a budget increase in cell phone costs and related charges to departments totaling $70,000 and approved by the City Commission in August. At third Quarter, Garage Fund revenues reflect an anticipated increase of $150,000 from the sale of surplus vehicles. The amendments to the Capital Improvement fund total a net increase of $2,498,202. The major source of increase Fund expenditures include the establishment of the capital projects approved by the Penny for Pinellas bonds issued this summer. Other significant amendments include those resulting from the proposed restructuring of the Water and Sewer Projects, as approved by the City Commission on September 6, 2001. The amendments to the Special Program Fund total a net increase of $1,282,483. Project amendments recognize a project entitled E.C. Moore Fields 8 & 9 in the amount of $530,000, recognizing a possible grant and proceeds from Calvary Church for the . development of ball fields based upon last summer's referendum. In addition, other grant mcc09b01 17 9/20/01 . . . fund funds and donations are recognized, totaling over $665,000, particularly for public safety and recreation programs. Staff was complimented for efforts to correct rate study assumptions related to proposed charges. Commissioner Jonson moved to approve third quarter budget amendments. The motion was duly seconded and carried unanimously. a) First Reading Ord. #6844-01 - amending the operating budget for FY ending Sep. 30, 2001 The City Attorney presented Ordinance #6844-01 for first reading and read it by title only. Commissioner Hamilton moved to pass Ordinance #6844-01 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hart, Gray, Hamilton, Jonson and Aungst. "Nays": None. b) First Reading Ord. #6845-01 - amending the capital improvement budget for the FY ending Sep. 30, 2001 The City Attorney presented Ordinance #6845-01 for first reading and read it by title only. Commissioner Jonson moved to pass Ordinance #6845-01 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hart, Gray, Hamilton, Jonson and Aungst. "Nays": None. ITEM #35 - First reading Ord. #6876-01 providing for refunding of outstanding Public Service Tax and Bridge Bonds, Series 1985, and the 1995 Improvement Revenue Bonds, Series 1995; and approve William R. Hough & Co. as the senior underwriter on the bonds and Solomon Smith Barney as the co-underwriter. The Public Service Tax and Bridge Bonds, Series 1985 (interest rate 9.125%) and the 1995 Improvement Revenue Bonds, Series 1995 (interest rates from 5.1 %-6%) are eligible for refinancing. Market conditions are very favorable with municipal bond rates significantly lower than rates on the 1985 and 1995 bonds (estimated at 3% to 5%). It is expected that the City will realize a net present value savings of approximately $400,000 on this refunding. Net present value savings is the gross debt service savings after costs of issuance have been deducted and a discounting process has been used to express the savings in today's dollars. It is expected the annual debt service costs will be reduced by approximately $28,500. Savings generated from this refunding will affect primarily the General Fund as lower interest costs on the bonds. Since refunding bonds must be timed to the market to mcc09b01 18 9/20/01 . . . make refunding cost effective, this issue will be done via a negotiated sales (underwriters picked in advance and the deal negotiated based upon the market) rather than competitively (underwriters bid the deal on a specific day). The initial refunding idea for the 1995 bonds was presented to the City by the firm of William R. Hough and Co. and they have worked extensively with the City's Bond Counsel and Financial Advisor to work out the details of the economic benefit of refunding. No other underwriting firm has brought forward ideas on this issue. Based upon their work, William R. Hough has been selected as the senior managing underwriter for this proposed refunding. Since we have decided to also refund the 1985 bonds as part of this refunding, we would like to include Solomon Smith Barney as a co-manager for the refunding. They have been selected since they were the low bidder on the City's last competitively bid bonds (2001 Infrastructure Tax Bonds) and have submitted unsolicited financing ideas to the City on other issues. A sale resolution will be brought forward for Commission adoption at the same time as the second reading of this ordinance detailing the specifics of the sale. Commissioner Hamilton moved to approve refunding of the outstanding Public Service Tax and Bridge Bonds, Series 1985 and the 1995 Improvement Revenue Bonds, Series 1995, and approve William R. Hough & Co. as the senior underwriter on the bonds and Solomon Smith Barney as the co-underwriter, and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6876-01 for first reading and read it by title only. Commissioner Gray moved to pass Ordinance #6876-01 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hart, Gray, Hamilton, Jonson and Aungst. "Nays": None. ITEM #36 - Approve the City's annual membership in the Tampa Bay Partnership for FY 2001/02, in the amount of $50,000 (ED) The Tampa Bay Partnership provides valuable marketing services for the region. Partnership image enhancement and research have enhanced the City's ability to attract and retain businesses. The Mayor serves on the Council of Governors and previously served on the Policy Board. Staff serves on the Workforce Regional Leadership Advisory Council and the Marketing Committee with Commissioners attending key functions during the year. The Partnership provides services, such as featuring the City in advertising in economic development publications, providing regional and national public relations assistance, and membership in key committees, which keeps the City included in plans and strategies related to issues such as transportation, workforce development, and international trade. The Partnership provides essential research on targeted industries, which enables the City to better target attraction activities and provides regional comparisons of economic and demographic data. The Partnership has assisted in the location of larger industries, which assists Clearwater by providing growth opportunities and sales leads for mcc09b01 9/20/01 19 . existing businesses. The Partnership provides timely legislative updates, takes a leadership role in supporting legislation that is good for the region, and assists the City regarding policy positions favorable to redevelopment in a built-out community. Current City dues are $50,000 annually and are funded in the Economic Development operating budget. While the prime focus of Tampa Bay Partnership is to attract more business to the Tampa Bay area, concern was expressed most business relocations are to Polk, Manatee, and Pasco counties, where roads and schools are inadequate. It was indicated the entire region has problems with water shortages. Mr. Stone said the organization provides a direct benefit to the City related to the Brownfields projects, transportation, and work force issues. The organization provides a partnership for Pinellas County, St. Petersburg, and other built out communities. The organization also helps the City with legislative lobbying on the State and national level. The Mayor welcomed City Commission input related to organization meetings he attends. He said the workforce development program is key to attracting higher paying jobs. He said the organization has helped the City obtain infrastructure and road funds. The City Manager will highlight the next quarterly update published by Tampa Bay Partnership. . Commissioner Hamilton moved to approve the City's annual membership in the Tampa Bay Partnership for FY 2001/02, in the amount of $50,000, and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #37 - Approve agreement with the Clearwater Beach Chamber of Commerce for FY 2001/02 FY 2001/02 in return for funding in the amount of $35,000 (ED) In 1999, the City entered into agreements with the Clearwater Regional Chamber of Commerce and the Clearwater Beach Chamber of Commerce whereby the Chambers provided specific tourism services on behalf of the City in exchange for City funding. This partnership has worked well and the City is satisfied with the arrangement. The Beach Chamber will continue to provide visitor information services at the Visitor Information Center at the Marina. Services include payroll, scheduling and maintaining employees, providing all supplies, materials, and furnishings to the Visitor Information Center, plus telephone service and attendant costs. Between October 2000 and July 2001, Visitor Information Center staff has provided information to more than 22,000 visitors. Top requests were for information regarding: 1) bus routes/trolley; 2) attractions in Clearwater; 3) attractions outside Clearwater; 4) maps/directions; and 5) boats. The Economic Development Department has budgeted $35,000 to fund this agreement. The Beach Chamber shall provide an accounting of said funds and submit a monthly report of activities on behalf of the City. The agreement is for one year. . Economic Development Program Coordinator Anne Green reviewed how other similar communities fund tourism marketing. As the Clearwater Beach Chamber of Commerce had used less than $18,000 of the $25,000 funded by the City in FY 1999/2000, Ms. Green said last year's funding considered the overage and provided only mcc09b01 20 9/20/01 . . . $17,809. Additional money is requested this year to fund salary increases for Welcome Center employees. Commissioner Hamilton moved to approve an agreement between the City and the Clearwater Beach Chamber of Commerce for tourism services in FY 2001/02 in return for funding in the amount of $35,000, and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #38 - Approve agreement with Clearwater Regional Chamber of Commerce for FY 2001/02 tourism services in return for funding in the amount of $170,000 (ED) In 1999, the City entered into agreements with the Clearwater Regional Chamber of Commerce and the Clearwater Beach Chamber of Commerce whereby the Chambers provided specific tourism services on behalf of the City in exchange for City funding. This partnership has worked well and the City is satisfied with the arrangement. The Clearwater Regional Chamber will continue to provide visitor information services for the City at the Chamber's business location. Services will include the preparation and distribution of visitor guides, advertising, telephone service and its attendant costs, and the operation of the tourism web site formerly handled by the City. This fiscal year, the Clearwater Regional Chamber has mailed more than 24,000 Visitor Guides to consumers requesting information and provided Visitor Guides for Consumer Promotions and Travel Trade promotions. The Chamber has overseen the placement of advertising in state and national magazines. The www.visitclearwaterflorida.com web site has been enhanced and was promoted in all advertising. The Economic Development Department has budgeted $170,000 to fund this agreement. The Regional Chamber shall provide an accounting of said funds, and submit a monthly report of activities on behalf of the City. The agreement is for one year. Ms. Green reported the Clearwater Regional Chamber of Commerce had provided excellent help in developing the City's website for tourism services. Mr. Stone indicated the City had spent $313,000 during the last year it had a tourism office. It was felt the Chambers provide greater coverage. The importance of increasing activities to improve the City's tourism-based economy was stated. Mr. Stone said the City contributes $205,000 annually to tourist related efforts. One person spoke in support of the agreement. Commissioner Hamilton moved to approve an agreement between the City an the Clearwater Regional Chamber of Commerce for tourism services in FY 2001/02 in return for funding in the amount of $170,000, and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. mcc09b01 9/20/01 21 . ITEM #39 - Approve re-siting of the Water Treatment Facility to be constructed at Sid Lickton Park (PW) The original plan was to construct the Water Treatment Facility on the south end of Sid Lickton Park. After much research, staff requested Commission approval to relocate the facility to the north end of the park, adjacent to our reservoir and existing facilities. Commission direction was to present the relocation plan to the surrounding neighborhoods as soon as possible. An August 7, 2001 public meeting obtained input from the neighborhood, where favorable comments were received. The overall consensus was that the new location blended in better with the neighborhood. Commissioner Jonson moved to approve re-siting, subject to all permits, reviews and approvals normally needed, of the Water Treatment Facility to be constructed at Sid Lickton Park. The motion was duly seconded and carried unanimously. ITEM #40 - Approve funding commitment of $50,000 to the Southwest Florida Water Management District (SWFWMD) for feasibility and permitting of aquifer storage and recovery (ASR) using reclaimed water (PW) . SWFWMD (Southwest Florida Water Management District) has requested City funding participation in the amount of $50,000 for a multi-year project, the Largo/Clearwater/Pasco ASR (Aquifer Storage & Recover)/Interconnect, to study, plan, develop and construct ASR technology for reclaimed water. The project's concept includes developing seasonal storage for reclaimed water cooperatively between the Cities of Largo and Clearwater, and transmitting excess wet weather flows to Pasco County to restore environmentally impacted wetlands. This project will be executed in four phases: 1) 2002 - feasibility; 2) 2004 - testing; 3) 2005 - ASR well construction; and 4) 2006-08 - interconnecting pipeline construction). SWFWMD estimates the total cost of the project to be $9.56 million and estimates Clearwater's share of the total effort at $2.5-million over the duration of the project's timeline. The feasibility and permitting phase will determine the suitability of using ASR technologies in the local area to develop seasonal storage for reclaimed water. The project will benefit Clearwater by providing seasonal storage for reclaimed water and to provide greater access to this resource for additional areas in the City. ASR also will provide the capability to reduce or eliminate surface water discharge from the wastewater treatment plants, avoiding regulatory issues associated with these discharges. The City of Largo and SWFWMD have committed $50,000 each for this phase. . On March 1, 2001, the City Commission passed Resolution 01-07, establishing the City's intent to reimburse certain project costs incurred with future tax-exempt financing. 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 Reclaimed Water Capital Improvement Program for the $50,000 requested. Funding for additional phases is subject to continued Commission authorization, review of City water/sewer funding needs, and progress with the feasibility study. If approved, a funding agreement with SWFWMD will follow. mcc09b01 22 9/20/01 . One person opposed the proposal for aquifer storage and recovery. Public Works Administrator Mahshid Arasteh said two confining layers are necessary to separate the fresh water supply from injected reclaimed water. Commissioner Gray moved to approve a funding commitment of $50,000 to the Southwest Florida Water Management District for feasibility and permitting of ASR (aquifer storage and recovery) using reclaimed water and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #41 - Approve revisions to the Reclaimed Water Master Plan (PW) On April 30, 2001, proposed revisions to the Reclaimed Water Master Plan were brought before the Commission for review. The Commission directed staff to obtain public input regarding the proposed revisions. Two public meetings were conducted. On August 6, 2001, staff presented the revised Master Plan to the Coalition of Homeowners Associations. The second public meeting was held on August 7, 2001, to present the water plant re-siting and the revised Reclaimed Water Master Plan. . The rationale for determining priorities, including the need to secure future grant funding to offset capital costs was stressed, and the cost/benefit analysis used to determine those priorities was explained. Public comments included questions on general reclaimed water information (use, costs and policies). Some expressed concern about why they would not receive reclaimed water despite being close to reclaimed infrastructure. The later issue is a result of low cost/benefit. More in-depth follow-up communications followed. Concern was expressed the provision of reclaimed water to the Clearwater Harbor neighborhood had been delayed from 2005 to 2022. Public Utilities Director Andy Neff said the plan now assumes all residents want reclaimed water. Access to reclaimed water is based on a neighborhood's proximity to infrastructure. Benefit calculations are based on offset. Concern was expressed the City will run out of reclaimed water by 2006. Mr. Neff said the City Commission will need to make policy decisions in the next few year related to restrictions on the use of reclaimed water. The City wants all of its reclaimed water to be used. It was requested staff see if Old Clearwater Bay neighborhood can be returned to the list. Commissioner Hamilton moved to approve revisions to the Reclaimed Water Master Plan. The motion was duly seconded and carried unanimously. ITEM #42 - Approve one-year funding agreement with Jolley Trolley Transportation of Clearwater Inc. for operation of transportation and trolley services in the amount of $326,700 . Jolley Trolley Transportation of Clearwater Inc. has been operating trolley service along the City's beach communities and downtown for the past 8 years. The current five- year funding agreement expires on September 30, 2001. Current funding supports approximately 65% of the trolley overall budget with the remaining 35% coming from mcc09b01 23 9/20/01 . . . fares, rentals and advertisements. Funding is: 1) $199,500 - trolley service between Clearwater beach and Sand Key; 2) $95,000 - trolley service between Clearwater beach, Island Estates, and Downtown; 3) $50,000 - trolley vehicle maintenance; and 4) $11,700 - office space rent. Funding during the annual term of the current agreement totals $356,200, which is supported with $306,200 from the parking fund and $50,000 from the CRA (Community Redevelopment Agency). The new proposed agreement includes a 10% reduction in funding for trolley services: 1) $179,500 - trolley service between Clearwater beach and Sand Key; 2) $85,500 - trolley service between Clearwater beach, Island Estates and downtown; 3) $50,000 - trolley vehicle maintenance; and $11,700 - office space rent. Funding during the term of the new agreement totals $326,700. The source of this funding will be $276,700 from the parking fund $50,000 from the CRA. The Parks and Recreation Department will administer compliance of the agreement. In response to a question, Jolley Trolley Executive Director AI Sakey said up to five trolleys operate during peak times. He said the organization's primary obligation is to comply with the designated route. It was suggested the organization's retained earnings be escrowed for replacement vehicles. Concern was expressed the Jolley Trolley had declined to publish an operation schedule, as requested by the City. Mr. Sakey said the organization never had said it would publish a schedule, noting beach traffic makes adhering to a schedule impossible. Development of a schedule was strongly encouraged. In response to a question, the City Attorney said some contract language, copied from an earlier contract, must be modified to indicate the contract is for one year only. She stated if approved by the City Commission, staff will submit the amended contract to Mr. Sakey for signature. Staff will bring the issue back to the City Commission if the Jolley Trolley does not approve the change. One person opposed City support of the Jolley Trolley. The City Manager reported he is discussing redundancy issues with the PSTA (Pinellas Suncoast Transit Authority). Commissioner Hamilton moved to approve a one-year funding agreement, in the amount of $326,700, between Jolley Trolley Transportation of Clearwater Inc. and the City of Clearwater for the operation of transportation and trolley services on Clearwater beach, Island Estates, Sand Key and services from Clearwater beach to Downtown Clearwater as amended to remove the sentence regarding subsequent year funding in Art. III, S, and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #43 - Other Pending Matters - None. CITY ATTORNEY REPORTS ITEM #44 - Other City Attorney Items - None. mcc09b01 9/20/01 24 . . . ITEM #45 - City Manager Verbal Reports Parks & Recreation Department Director Kevin Dunbar reported the Phillies are recommending the SPC (St. Petersburg College, formerly St. Petersburg Junior College) site no longer be considered for the Community Sports Complex. Staff will analyze the Phillies assumptions and make recommendations. The City Manager indicated addressing citizen concerns presented at meetings may require time. ITEM #46 - Other Commission Action Commissioner Gray said she will provide to staff materials she received at the Neighborhoods Conference. Commissioner Gray recommended Commissioners report on conferences they attend to determine conference importance and relevance. Commissioner Gray wished her husband a Happy 15th Anniversary. Commissioner Jonson reviewed positives related to last week's tragic terrorist attacks and honored sacrifices made by emergency workers and the community's generosity. Commissioner Jonson said the new City Hall landscaping is attractive and landscaping is being installed on the Airpark's berm. Commissioner Jonson recommended the purchase of Tampa Bay Estuary license tags to fund water quality improvements to the bay. Commissioner Hamilton expressed sadness regarding last week's tragic events. Commissioner Hamilton congratulated the Greater Clearwater Chamber of Commerce on the successful Taste of Clearwater on September 19, 2001. Mayor Aungst thanked the Police and Fire Departments for their participation in the September 8, 2001 Bicycle Jamboree at Countryside Recreation Center. Mayor Aungst reported the Garden Street Park groundbreaking is scheduled for September 22, 2001. Mayor Aungst announced Safety Village Open House & Safety Fair is scheduled for September 29, 2001 Mayor Aungst congratulated Marine and Aviation Department employees for success at U.S. Lifesaving Association competition. mcc09b01 9/20/01 25 . . . Mayor Aungst congratulated the Parks & Recreation Department for receiving the 2001 Florida Recreation & Parks Association Agency Excellence Award. Mayor Aungst thanked City forestry crews who cleaned up after last week's tropical storm. ITEM #47 - Adjournment The meeting adjourned at 11: 11 p.m. Attest: A~ mcc09b01 9/20/01 26