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04/14/2003 . . . CITY COMMISSION WORK SESSION CITY OF CLEARWATER April 14, 2003 Present: Brian J. Aungst Whitney Gray Hoyt P. Hamilton William C. Jonson Frank Hibbard Mayor/Commissioner Vice-Mayor/Commissioner Commissioner Commissioner Commissioner - departed 3:48 p.m. Also present: William B. Horne II Garry Brumback Ralph Stone Pamela K. Akin Cynthia E. Goudeau Patricia O. Sullivan City Manager Assistant City Manager Assistant City Manager City Attorney City Clerk Board Reporter The Mayor called the meeting to order at 1 :04 p.m. at City Hall. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. Service Award One service award was presented to a City employee. Team Award The team award for March - April 2003 was presented to Traffic Operations. It was requested that parking spaces removed from Cleveland Street to improve Spring Break traffic flow off the beach be replaced Appril 28, 2003. The Commission recessed from 1 :09 to 1 :14 p.m. to meet as the Pension Trustees. PRESENTATIONS Status of ITS (Intelliqent Transportation System). PW Beverly Mitchell, Assistant Manager of Transcore Corporation, reviewed the ITS (Intelligent Transportation System) planned for SR 60 and US 19. The project includes 21 adaptive traffic signals, 7 closed circuit television cameras, and one dynamic message sign tied together by a fiber optic communication system that will respond automatically to traffic demand. The dynamic message board is planned for Gulf-to-Bay Boulevard, west of Lake Avenue. The second sign, proposed for Island Estates, has been deferred due to the bridge project. The video image vehicle detection system will use special cameras and computers to detect vehicle traffic. Loops also will be embedded in the pavement. It is anticipated the Commission Work Session 2003-04-14 1 . contract for the two-year construction project will be let in 2003. The fiber optic communication system will interconnect Pinellas County and City traffic control centers. In response to a recommendation for additional dynamic message boards to notify of accidents in advance of accident prone intersections, Mr. Mitchell said FDOT (Florida Department of Transportation) budgetary limitations reduced the number of signs deployed in this phase. Staff will report on possible locations for future signs. In response to a question, Mr. Mitchell said fiber optic links, with the same capability as those planned for Gulf-to-Bay Boulevard, will be located along the US 19 corridor. He said it is easier to maintain the television cameras than loops imbedded in the road. Traffic Operations Manager Paul Bertels said cameras at intersections represent the next step in traffic control technology. It was stated the project will provide only incremental improvements in traffic patterns and minor reductions in travel time. In response to a question, Mr. Mitchell said proposed television cameras will be fixed and used only for ITS purposes. Other cameras could be used to scan accident scenes, etc. In response to a question, Mr. Bertels said control of all traffic signals will be addressed as part of this project. Due to communication barriers, the City and County currently control each other's signals at certain intersections. During Phase I of the Countywide signalization plan, the County will take over City traffic signals along affected corridors. PUR PURCHASING Approval of Purchases per Purchasinq Memorandum: . 1) Purchase to furnish and install Milliken Quattra carpet tile (includes removal and disposal of existing floor cover) in the Main Police Department for $189,154.54 from Sylvan Chemical Company, LaGrange, Georgia. .(GSS/Bldg Ma) 2) Purchase contract for irrigation parts and supplies during the contract period of May 1, 2003 through April 30, 2004 for $75,824 from John Deere Landscape, Clearwater, FL. (PR) 3) Purchase of CEC track mounted portable materials screening plant for $172,840.91 from Pioneer Machinery, Inc., Orlando, Florida. (GS/SW/Fleet) 4) Purchase of Cellular digital packet data during the contract period of March 14, 2003 through March 31,2004 for $120,000 from Alltel, Little Rock, Arkansas. (Police) 5) Purchase contract for Gas materials - gas meters and regulators during the contract period of May 1, 2003 through April 30, 2004 for $155,000 from M.T. Deason Company, Inc., Birmingham, Alabama. (Gas System) 6) Purchase contract for Gas materials - gas meters and regulators during the contract period of May 1, 2003 through April 30, 2004 for $80,000 from American Meter Company, Roswell, Georgia. (Gas System) 7) Purchase of restoration, repair and maintenance of Garden Avenue and Municipal Services Parking Garage for $404,766.45 from pargon Constructors Inc., Minneapolis, Minnesota. In response to a question regarding Item #1, Public Services Director Gary Johnson said carpeting in the Police Department was installed in 1996. . Commission Work Session 2003-04-14 2 . In response to a question regarding Item #3, Mr. Johnson said the machine will be used at job sites to separate "good dirt" from organic materials. The useful life of the machine is estimated to be at least 20 years. In response to a question regarding Item #7, City Engineer Mike Quillen said routine maintenance on the Garden Avenue Parking Garage was last done 10 years ago. He reviewed planned repairs to drainage, water protection, etc. Work will start within a month on staggered floors so the garages will not be closed while the project is underway. The structures will be painted to hinder water intrusion into the concrete. It was recommended the stairways be opened up to discourage the homeless from seeking shelter there. In response to a question, he said the contractor was chosen by the RFP (Request for Proposals) process, and is from Minnesota. ED/HSG ECONOMIC DEVELOPMENT/HOUSING Adopt the Res # 03-21 approvina the City of Clearwater - State Housina Initiatives Partnership (SHIP) Program Local Housing Assistance Plan covering State Fiscal Years 2003-2006. The City receives an annual allocation from the State through the Florida Housing Finance Corporation under the SHIP (State Housing Initiatives Partnership) Program. For FY (Fiscal Year) 2002/03, it is estimated the City will receive a SHIP allocation of $1,049,000. The City expends SHIP funds as per strategies outlined in the City's LHAP (Local Housing Assistance Plan). The current LHAP covers FY 2000-03. SHIP funds activities such as down payment assistance, rehabilitation, new construction, etc. . This new LHAP covers FY 2003/04, 2004/05, and 2005/06. It is estimated the FY 2003/04 allocation will be $900,000 and may increase depending on budgetary decisions to be made by the Florida Legislature during this year's legislative session. The FY 2003-06 LHAP is a continuation of the City's current LHAP, with the addition of a "Foreclosure Prevention" strategy for previously assisted SHIP clients who may experience financial hardship. The strategy is designed to prevent clients from foreclosing on their first mortgages. NAHAB (Neighborhood & Affordable Housing Advisory Board) approved the plan on April 8, 2003. By statute, the FY 2003-06 LHAP is due to the Florida Housing Finance Corporation by May 2, 2003. In response to a question, Assistant Housing Director Howie Carroll said NAHAB (Neighborhood & Affordable Housing Advisory Board) supports the LHAP with its foreclosure prevention strategy. Approve an Aareement for Display of a Work of Art for the installation of a vinyl mural on the exterior of the Harborview Center as a project of the Outdoor Arts Foundation, Inc. The City was approached by the Outdoor Arts Foundation with a request to consider the installation of a public art project (mural) on the south wall of the Harborview Center. . The vinyl mural is the first in a series of new community arts initiatives organized by The Outdoor Arts Foundation, a new not-for-profit organization, founded and directed by Jay Goulde, founder and director of the Tampa Bay Tour of Turtles. The painting is reproduced on vinyl mesh material and will be attached to the south side of the Harborview Center by wire Commission Work Session 2003-04-14 3 . cables. The mural will be on display for approximately two years. The DDB (Downtown Development Board) is sponsoring the project. "Wild Waters" is a painting by Jim Warren, who lives in Clearwater. The artist has his work in Wyland Galleries nationwide and in the collections of celebrities, corporations, and private citizens around the world. The Clearwater Arts Foundation has reviewed the proposed mural and supports this project. The Outdoor Arts Foundation, Inc. will provide installation hardware and has requested the City to perform the installation process. The Parks & Recreation Department will monitor the project. In response to a question, Economic Development Coordinator Anne Green said the mural will be removed early if it begins to deteriorate. In response to a question, Jay Goulde, of the Outdoor Arts Foundation, said the proposed location was chosen due to its visibility and the ability to mount the mural on posts, without drilling holes into the facility's fac;ade. The DDB was applauded for their efforts. Ms. Green estimated the mural will cost $200 to install. IT INFORMATION TECHNOLOGY Award a contract to Sprint. Charlotte. NC. in an amount not to exceed $47.500 for the purchase of Sprint Call Accountina and Voicemail system in accordance with Sec. 2.564 (1 )(d), Code of Ordinances, Florida State Contract # 730-650-99-1. The current Call Accounting system, purchased 7 years ago, is no longer supported by the manufacturer, Moscom. The system requires replacement in order to support upcoming Library system implementation, and future additions to the PBX network. System cost including labor will be $15,000. . Current Voicemail system supports all users at the Municipal Services Building, Main Police Station, Main Fire Station, City Hall, Gas Administration, Solid Waste, Public Utilities, Public Works, General Services, and Countryside Police Department. These locations comprise approximately 1300 mailboxes, 85 auto-attendants, and 150 voice announcement services. In recent months, the voicemail system has experienced memory problems and software corruption due to memory space capacity. The manufacturer of the current voicemail system as well as the proposed new voicemail system is Nortel, which currently is offering an incentive program to migrate to the new voicemail platform, Call Pilot. The cost savings for taking advantage of this migration program would be approximately $110,000. To take advantage of this incentive program, the Voicemail system must be replaced prior to May 20, 2003. All work associated with implementing the new Call Accounting system and Voicemail system will be performed by Sprint, in cooperation with the City's Telecommunications division. System cost, including labor, will be $32,000. Sprint Telephone has State Contract pricing for all Nortel equipment. A mid-year budget amendment will provide funding for this contract with the transfer of $47,500 of retained earnings from the Administrative Services Fund to the Information Technology operating budget. . In response to a question, Information Technology Director Dan Mayer said the system's capacity was increased with the addition of City departments and the amount of information going out to the public. Use of the system, which is a fundamental communication tool, has increased by 20%. The City is trying to be more accessible in providing information to Commission Work Session 2003-04-14 4 . the public. In response to a question, the City Manager said the funding will come from retained earnings. Mr. Mayer said the catalyst for this purchase was the critical failure experienced in the system. In response to a concern, Mr. Mayer said all software companies provide projects with planned obsolescence. The City tries to use software systems as long as possible. The firm did an excellent job maintaining the system prior to last year. In response to a question, Telecommunications Supervisor Kelly Legg said the new system is windows based. The contract must be signed by May 20, 2003 to qualify for the incentive. PR PARKS AND RECREATION Provide direction to the staff for final desiqn elements for Glen Oaks Storm water Manaaement Proiect. WSO This project is the highest ranked capital project for the Stevenson Creek Watershed Plan. Approximately 30 citizens attended the August 29, 2002 public meeting at the Glen Oaks Golf Course and expressed their opinions. Some concerns were regarding multi-purpose field lights and possible noise from soccer activity on the multi-purpose fields. . On October 2, 2002, the City Commission meeting authorized Parson Engineering Services, Inc., to provide engineering design and permitting services for the Glen Oaks Storm Water Management Project. The Commission further instructed staff to hold an additional public meeting when 30% drawings were completed to better illustrate the recreation elements of the project. On March 5, 2003, a public meeting was held at St. Cecilia's School to display the 30% construction drawings. Approximately 50 citizens attended this meeting. Resident concerns continued regarding multi-purpose fields, noise, lights, traffic/offsite parking, undesirable activity generated from soccer use, and if additional multi-purpose fields are needed to serve City residents. Per Outdoor Recreation in Florida - 2000, the statewide comprehensive outdoor recreation plan, the median population guideline for user-oriented outdoor recreation activities is one multi-purpose field for every 6,000 residents. Based on City population figures, 18 multi- purpose fields are required to meet this statewide standard. The City has 17 multi-purpose fields. With completion of this project, the City will meet the minimum standard. Based on input received at three public meetings, staff recommends changes/conditions to the project's recreation elements: 1) Curfew for multi-purpose field lighting to be 9:00 PM. Most City facilities are 11 :00 p.m. 2) Provide parking for 170 cars. Typical parking standards for athletic fields are 60 cars per field. 3) Relocate restroom and playground by the parking area to help mitigate the need to park on the street. and 4) Relocate the east field more to the west, which would require the removal of several mature oak trees. . If one or more multi-purpose fields is removed from the plan, staff would recommend removing all recreation elements from the project site for the following reasons: 1) Removal of the east most field would leave only one field. That is currently what exists at the David Martin Field site, which was renovated a little more than one year ago at a cost of approximately $100,000 and maintains the existing inventory of multi-purpose fields. 2) Reducing the active play elements of the park by removing the multi-purpose fields, creates an environment consistent with Crest Lake Park before recent renovations occurred. This type of facility would Commission Work Session 2003-04-14 5 . attract undesirable, illegal, and possibly immoral activity. Active elements bring citizens into the park, which is one of the best deterrents against inappropriate behavior. and 3) Utilize the recreation element budget for other recreation needs in the City. Parks & Recreation Director Kevin Dunbar said the recommendation to move the east field further to the west will move the multi-purpose fields farther away from the homes. The City plans to save as many mature trees as possible. He said proposed changes to project elements were made to address neighbor issues. In response to a suggestion, Mr. Dunbar said the site features a significant grade change. Due to the movement of the sun, it is preferable to position fields in a north-south direction. Assistant Engineering Director AI Carrier said the east field could be reoriented if it is located next to the Court Street right-of-way and retaining walls would be required to be constructed to the north part of the site. City Engineer Mike Quillen said orienting the field east-west would require locating parking closer to nearby neighborhoods. Staff wants parking to egress on Turner Street adjacent to a commercial development, and not into the neighborhood. Trees are located near the proposed parking lot. In response to a question, Mr. Quillen said trees affected by relocating the field are too large or too costly to move. In response to a question, Mr. Carrier reviewed the elevations of the proposed fields, which will lie lower than nearby homes and act as wet ponds during rain events. The east edge of field two will be about 300 feet from the street on the park's east side. In response to a question, Mr. Dunbar said all lighting systems will be directed at the fields and are designed to prevent as much light spill as possible. . Concern was expressed the park not provide a place for people to hide and participate in undesirable activities. Mr. Dunbar said a trail, tied to the East-West Trail, is planned on the south end of the property by Druid Road within the next 30 months. The internal trail system will feature a restroom and be conducive to roller blades. He did not think fencing is necessary as proposed plans will bring desirable activity to the entire park and discourage undesirable elements. Appreciation was expressed for staff efforts to accommodate neighborhood concerns. Concern was expressed trees would need to be sacrificed to locate the fields farther from the neighborhood. In response to a question, Mr. Quillen believed none of the subject trees is a protected specimen. It was suggested the southeast corner of the park could be used for a skate park. In response to a question, Mr. Carrier said both fields will be used as retention ponds. There are things the City can do to dry the fields more quickly. He said wet retention ponds are planned for the southeast corner of the property to replace wet ponds to be lost. He recommended trees can be added to the large stand of trees near Turner Street to act as a buffer. It was stated a significant number of trees will remain on site. It was recommended the location of the playground be convenient for walkers. In response to a question, Mr. Carrier said trees probably can be planted on the berm planned between the two fields. In response to a question, Mr. Dunbar said City fields also are used for football, field hockey, and lacrosse. . Concern was expressed errant soccer balls could end up on Court Street. Mr. Dunbar said the multi-purpose fields will be fenced. As the design progresses, netting or fencing will be planned by the parking lot. In response to a question, Mr. Dunbar said when the David Martin facility was upgraded, this project was planned for 2010. He said that facility already is in poor Commission Work Session 2003-04-14 6 . . . condition due to rain events. In response to a question, he said the foundation, which ran the park since 1985, is unaware of any quicksand in the park. The consensus was to support Alternate 2, which moves the east field farther west. Discussion ensued in regard to the public meetings held regarding the project. The City Manager expressed concern regarding the behavior of some who attended those meetings. He recommended future meetings require that decorum standards be maintained. It was stated residents had expressed concern the plan already was signed and sealed. It was indicated numerous public meetings on this issue already have occurred and that a group of residents are adamantly against any plans for fields in the park. It was recommended the public be provided one last opportunity to address the City Commission regarding this issue. In response to a question, Mr. Dunbar said there are no plans to fence the eastern and southern portions of the park. PW PUBLIC WORKS Declare as surplus a 200-foot portion of Crest Lake Park. Section 14-29-15: Approve an Easement Aareement with the Florida Department of Transportation for the construction of a Dvnamic Messaae Sian as part of the ITS (Intelligent Transportation System) deployment on Gulf-to-Bay Boulevard and adopt Res #03-16. The City and FDOT (Florida Department of Transportation) have deemed it necessary to construct a DMS (Dynamic Message Sign) on Gulf-to-Bay Boulevard in the area of Crest Lake Park. The DMS is part of the ITS (Intelligent Transportation System) deployment on Gulf-to- Bay Boulevard that is a result of a Federal Earmark the City received in 1999 for development of ITS on SR 60. The easement is for a piece of property 10 feet by 20 feet for the construction of a mast arm structure to hold a DMS over the westbound lanes of SR 60, approximately 300 feet west of Lake Avenue. FDOT will oversee the construction of said DMS and will own the structure and replace it in the event of damage. The ITS project is believed to serve a valid public purpose. Declaring the subject parcel surplus and granting an easement therein to FDOT complies with Section 2.01 (d)(s)(iii) of the City Charter that authorizes the transfer of surplus property to another governmental entity for less than the appraised value after an advertised public hearing has been held, and a finding by the Commission of a valid public purpose for the transfer. It was recommended the dynamic message sign be located on the structure that currently displays overhead directional signs. Mr. Bertels said the subject structure is not designed to hold the new message sign and is not scheduled to be replaced. To reduce clutter, information on the cost of constructing a new structure was requested. Commission Work Session 2003-04-14 7 . Amend the Local Aqencv Proqram (LAP) Aqreement between the Florida Department of Transportation and the Citv of Clearwater for the Clearwater Beach West Bridae/Spur Connector. On November 13, 2000, the City Commission approved the LAP (Local Agency Program) Agreement between FDOT and the City for the design and construction of the Clearwater Beach West Bridge/Spur Connector. This LAP Agreement was amended in July 22, 2002, to include $3,485,562 in federal funding, of which $2,405,250 is for construction and $601,312 is for CEI (construction, engineering, and inspection). The original LAP Agreement provided $479,000 for design of the project only. To fund the additional design costs associated with the preferred cable-stayed bridge alternative, this LAP Amendment #2 removes $210,775 from the CEI phase and adds it to the design phase. Due to the additional project design, the project construction phase will be delayed until FY (Fiscal Year) 2004. Consequently, the expiration date of this LAP Agreement is extended to December 31, 2005. In response to a question, Mr. Quillen said the spur connector will be only one foot or so higher than the current bridge. . Approve a contract with Communitv Service Foundation, Inc., a Florida nonprofit corporation. to sell surplus propertv known as the Fulton Apartments, 1620 Fulton Avenue, situate in portions of Block D, Norwood 1st Addition and Block H, Avondale Subdivision for $925,000, subject to terms and conditions therein, less estimated closing costs of $6,550, providing $718,450 estimated net proceeds at closing, plus $200,000 payable over 30 years. The City leased the Fulton Apartments to CHA (Clearwater Housing Authority) from 1970 to 2000 to operate as affordable rental housing. Following lease termination, the City acquired four adjoining apartments from CHA in 2002 in consideration of forgiving a $100,000 City mortgage lien. In FY 2002/03, the City utilized approximately $800,000 of HOME (Housing Opportunity Made Equal) Investment Partnership and SHIP (State Housing Initiatives Partnership) Program funds to rehabilitate the 19-unit complex. The completed project includes 4-three bedroom apartments, 12-two bedroom apartments, and 3-one bedroom units. All feature new kitchen cabinetry, central air and heating systems, appliances, roofing, and utility services. Exterior enhancements include decorative fencing and accessory features. C. Richard Tobias, MAl, prospectively valued the property at $925,000 as of June 1, 2003, conditioned on completion of the rehabilitation project and lease-up. On January 23, 2003, the Commission declared the Fulton Apartments as surplus for the purpose of offering the project for sale for the minimum bid amount of $925,000 to a qualifying non-profit corporation specializing in affordable housing. On February 19, 2003, CSF (Community Service Foundation) timely submitted the only bid for the property in the sum of $925,000. City Housing Office staff reviewed the CSF bid and qualifications, and inspected its current rental operations. It was determined that CSF met the declaration of surplus requirements and the provisions of Invitation for Bid 12-03. . Commission Work Session 2003-04-14 8 . Among other provisions, the proposed purchase is subject to CSF obtaining a first mortgage in the amount of $725,000 at rates and terms defined in the contract, and that the City accept a second mortgage in the amount of $200,000 at 0% interest, fully payable over 30 years at the rate of $8,000 annually commencing the sixth year following closing. Net sale proceeds will accrue in the City's HOME Investment Partnership Trust Fund to be used for future affordable housing activities. In response to a question, Assistant Housing Director Howie Carroll said few agencies are qualified to provide necessary special services, such as annual income certification. Staff did refer the property to large multi-family and affordable housing developers but the 19-unit project is too small for big development companies to manage. In response to a question, he anticipated high success rates from planned educational programs that will educate tenants regarding financial literacy and home ownership. The goal is to move tenants to home ownership. The education programs also help residents take pride in and responsibility for their complex. In response to a question, he said home ownership programs also are provided at the North Greenwood Apartments. The rehabilitation project is expected to be completed by the end of May. If necessary, the date of closing can be adjusted. CSF is under contract to provide pre-leasing services for the complex. It was recommended landscaping be completed before complex ownership is transferred so the project does not look sloppy. . Approve a Proposal for Services in the amount of $90,000 from Grimail-Crawford to perform phase two of the Beach to Bluff Guideway Study pursuant to City Code Section 2.564(1)(b), sole source purchase. In 2001, a preliminary feasibility study was completed for a guideway system from Clearwater Beach to the downtown bluff. Although general in nature, the study indicated that the guideway could be financially feasible. To keep pace with the ongoing Pinellas Mobility Initiative, it is recommended to proceed with a second phase study, which will provide more detailed analysis and information regarding ridership projections, cost estimates, and alignment alternatives. This study also will analyze various implementation scenarios and will identify the factors needed to attract implementation partners. A final Action Plan Report will be produced that will focus on issues such as engineering work efforts required to formulate a RFP (Request for Proposals) for vendor-partners, legal issues that need to be addressed prior to a RFP, coordination efforts for a RFP and finally a potential timeframe for issuance of a RFP. The consultant chosen, Grimail-Crawford, was selected as a sole source because they currently are under contract with Pinellas County as the consultant for the Pinellas Mobility Initiative study, which includes the beach to bluff segment. In addition, the firm that did the 2001 preliminary study for the City is a sub-consultant to Grimail-Crawford on this Pinellas County study. The anticipated completion date of this Phase Two study is four months from notice to proceed. The lump sum fee for this study is $90,000. . In response to a question, Mr. Bertels said the eastern boundary of the study area for the proposed guideway is identified as Osceola Avenue. Public Works Administrator Mahshid Arasteh said one alternative would use the Harborview Center as the eastern station. The purpose of the study is to see how it fits into the Pinellas Mobility Plan. She recommended the study consider extending the guideway farther east to benefit the City and County and other Commission Work Session 2003-04-14 9 . . . entities, to be identified. The report will discuss the role of the City, County, and private investors in the proposed project. In response to a question, Mr. Bertels said the guideway system will be some form of light rail above ground. It was recommended the eastern station be located on top of the parking garage planned for Coachman Park, beneath the bridge. Ms. Arasteh said downtown planners will participate in the plan. Funds are available for this study without bumping other projects. In response to a question, Assistant City Manager Garry Brumback said the study will allow the City to pursue State and Federal funding for the project. In response to a question, Mr. Bertels said the study will be time sensitive. The City Manager said the County is looking at a broader mass transportation effort along these lines. It was stated if funding is not available for the light rail during this cycle, the City will have to wait 6 years for the next cycle. PLD PLANNING Public Hearina & First ReadinQ - Ord #'s 7113-03, 7114-03 & 7115-03 - Approve the petition of Annexation, land Use Plan Amendment from County Residential Urban (RU) to City Residential Urban (RU) and Zonina Atlas Amendment from the County R-4, One, Two and Three Family Residential District. to the City LMDR. Low Medium Density Residential District for 1714 Jade Ave. (Lot 9, Jade Heights Subdivision in Sec. 03-29-15). ANX2003-01003 This subject site at 1714 Jade Avenue is on the west side of Jade Avenue approximately 380 feet west of Betty Lane and 185 feet north of Overbrook Avenue. The subject property is approximately 0.15 acre in area and is occupied by a single-family dwelling. The purpose of the annexation is to enable the applicant to receive City sewer service. A Future Land Use Plan designation of Residential Urban (RU) is proposed along with a zoning category of LMDR, Low Medium Density Residential. The Planning Department has determined the proposed annexation is consistent with the following standards specified in the Community Development Code: 1) The proposed annexation will not have an adverse impact on public facilities and their level of service; 2) The proposed annexation is consistent with the City's Comprehensive Plan, the Countywide Plan and the Community Development Code; and 3) The proposed annexation is contiguous to existing municipal boundaries, represents a logical extension of the boundaries and does not create an enclave. The PPC (Pinellas Planning Council) and Pinellas County staffs have reviewed this annexation, according to the provisions of Pinellas County Ordinance No. 00-63, Section 7(1-3), and no objections have been raised. The Community Development Board reviewed this proposed annexation on March 18, 2003 and unanimously recommended approval. It was requested staff provide information on the impact of septic systems on the water quality of Stevenson Creek. Long Term Planning Manager Gina Clayton said the Engineering Department has looked at sanitary service to this area. The City Manager said these types of changes are occurring as septic systems fail. Commission Work Session 2003-04-14 10 . . . Public Hearina & First Readina - Ord #'s 7116-03 & 7117-03 - Approve a Land Use Plan Amendment from the Residential Low Medium (RLM) and Residential Urban (RU) cateaories to the Recreation/Open Space (RlOS) cateaorv and a Zonina Atlas Amendment from the County R-4. One. Two and Three Family Residential District and the City MHP. Mobile Home Park District to the OSR. Open Space Recreation District for property located at 3035 Gulf-to- Bay Boulevard (a portion of Tract A. Myron Smith's Bay View Subdivision: a portion of Lots 2 & 3. Block 5. Revised Map of Town of Bay View: a portion of vacated County Road 31: and a portion of Lots 1 & 4 of Revised Map of Town of Bay View in Sec. 16-29-15). LUZ2003-01001 This site is at the southwest corner of the Gulf-to-Bay Boulevard and McMullen-Booth Road intersection. The subject site is approximately 4.4 acres in area and is vacant. The City agreed to purchase the site on January 24, 2002, to develop a park as part of an arrangement with the Florida Community Trust, Pinellas County, and the Trust for Public Land in order to settle a lawsuit with the previous property owner, the Laura Nail Connelly Trust. The City is proposing to amend the Future Land Use Plan designation of this property from the Residential Low Medium (RLM) and Residential Urban (RU) categories to Recreation/Open Space (RlOS) category and to rezone it from the County R-4, One, Two and Three Family Residential District and the City MHP, Mobile Home Park District to the OSR, Open Space Recreation District to develop the property as a passive park. The Planning Department determined the proposed land use plan amendment and rezoning applications are consistent with the following standards specified in the Community Development Code: 1) The proposed land use plan amendment and rezoning applications are consistent with the Comprehensive Plan; 2) The potential range of uses and the current use are compatible with the surrounding area; 3) Sufficient public facilities are available to serve the property; and 4) 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 approval of the PPC and Board of County Commissioners acting as the Countywide Planning Authority. Due to the density of the plan amendment site, review and approval by Florida Department of Community Affairs is not required. The Community Development Board reviewed this application on March 18, 2003 and unanimously recommended approval. In response to a question, the City Attorney said the City will adhere to its park naming process for this park. Approve an Interlocal Aareement amona City of Clearwater. Pinellas County Board of County Commissioners. Pinellas County School Board. and eleven cities within Pinellas County reaardina the future plannina for public schools. In the 2002 Legislative session, the Florida Legislature passed a bill requiring a public schools interlocal agreement among each Florida county school board, the respective county, and all cities with existing or planned schools within its corporate limits. A draft Interlocal Agreement is proposed to meet the legislative requirement in Pinellas County. The Department of Community Affairs established a schedule for compliance with the legislation. For Pinellas County and its cities, the agreement must be submitted to the State no later than May 1, 2003. According to the legislation, the interlocal agreement must address: 1) Student enrollment and projections - based on MPO (Municipal Planning Organization) demographic Commission Work Session 2003-04-14 11 . . . data, the School Board will prepare student enrollment projections. Local governments will have an opportunity for review and comment. 2) Coordinating and Sharing of Information - School Board will notify all local governments of new construction, remodeling, renovations, closures of change in type of school through the annual update of the five-year work program. Each local government will notify the School Board of any application for residential development or redevelopment, land use plan amendments, rezoning, and major infrastructure projects that may impact public schools. 3) School Site Selection - prior to land acquisition, the School Board shall notify the local government of any school closures, significant renovations to existing schools and new school site selection. The local government shall review the proposal for consistency with its Comprehensive Plan. 4) Supporting Infrastructure - School Board and any affected local governments shall jointly determine the need and responsibility for providing infrastructure improvements for a new or renovated school. 5) School Capacity - School Board will determine the student capacity for each school and annually notify the local governments. 6) Five-Year School Plant Survey and Work Program - School Board will notify annually each local government prior to initiating the plant survey and work program and give each local government an opportunity to comment and provide testimony at the public hearing to take action on the survey and work program. 7) Collocation and Shared Use of Facilities - the agreement encourages collocation and shared use of School Board and City facilities. A separate agreement for each shared use will be established between the School Board and local government. 8) Conflict Resolution - any conflicts arising out of this agreement shall be resolved according to Chapters 164 and 186, Florida Statutes. 9) Oversight Process and Public Participation - representatives from the School Board and local governments will meet each year to review the agreement. Public participation will be allowed at any meetings discussing the agreement. The Pinellas County Planning Director will schedule, coordinate, and facilitate the meeting. and 10) School Board Participation on Local Planning Agency - a School Board staff member will be invited to and may participate as a non-voting member on any application for a land use plan amendment and/or rezoning that would increase residential density. In Clearwater, the School Board staff member would attend the Community Development Board meetings. Vice-Mayor Gray was delegated to represent the City Commission on the Countywide committee of elected officials that developed the draft agreement. The Committee met monthly beginning in September 2002 and held its last meeting on January 23, 2003. The draft agreement then was submitted to DCA (Department of Community Affairs) for preliminary review. On February 14, 2003, DCA sent a letter indicating that the draft agreement includes all required components. On March 13, 2003, DCA sent a follow-up letter indicating four areas requiring clarification. A draft letter, not yet sent from Pinellas County Planning Director Brian Smith to DCA dated March 17, 2003, addressed the concerns identified in the second DCA letter. Should this letter not resolve DCA concerns, the Countywide committee likely would meet again to develop amendments to the agreement to gain compliance with the legislation. On March 4, 2003, the Board of County Commissioners authorized the County to sign the interlocal agreement. Vice-Mayor Gray said the meetings were productive and provided a good change for future discussions with the School Board. The City will send the School Board agendas for DRC (Design Review Committee) and COB (Community Development Board) meetings and the School Board will determine if they need to participate. The City Manager said this process will avoid future problems like those that occurred when the Paul Stephens School was reconstructed. Commission Work Session 2003-04-14 12 . . . ORLS OFFICIAL RECORDS/LEGISLATIVE SERVICES Elect Vice-Mayor of Commission City Clerk Cyndie Goudeau stated the City Charter requires the City Commission to elect a Vice-Mayor annually at the second meeting in April. Discussion ensued regarding a proposed rotation of the position. Ms. Goudeau said that issue had been discussed over the years but no policy ever was established. Some members have served more than one year in a row. Commissioners Hamilton, Jonson, and Gray expressed an interest in serving. The majority did not favor rotating the position. Review Commission appointees to various boards The City Commission is requested to appoint representatives to boards that deal with issues affecting the City: 1) TBRPC (Tampa Bay Regional Planning Council) - Jonson; 2) Suncoast League of Municipalities Board of Directors - Jonson; 3) PACT (Performing Arts Center & Theater) Board of Directors - Aungst; 4) Mayor's Council of Pinellas County - Aungst; 5) Chi Chi Rodriguez Youth Foundation Board of Directors - Hamilton; 6) Jolley Trolley Transportation of Clearwater, Inc. Board of Directors - Hamilton; 7) CHIP (Clearwater Homeless Intervention Program) Board of Directors - Gray; 8) Clearwater Marina Aquarium Foundation - Hibbard; 9) Barrier Island Governmental Council - Hamilton; 10) Tampa Bay Partnership Board of Governors - Aungst; 11 ) Tampa Bay Partnership Policy Board - Gray; 12) Tampa Bay Estuary Policy Board - Jonson; and 13) Sister Cities Committee - Gray. The following boards have the specific term expiration date noted: 1) Emergency Medical Services (EMS) Advisory Council (EMS Charter requires Mayor to serve as representative) - Aungst - term expires 5/2003 - 2-year term; 2) Pinellas WorkNet Board - Gray - term expired 9/30/2002 - 2-year term; 3) St. Petersburg/Clearwater Area Economic Development Council - Hibbard - term expires 10/2003 - 1-year term; 4) PPC (Pinellas Planning Council) - Hamilton - term expires 12/31/2004 - 2-year term; 5) PSTA (Pinellas Suncoast Transit Authority) - Jonson - term expires 9/30/2003 - 3-year term; 6) MPO (Municipal Planning Organization) - Gray - term expires 9/12/2005 - 4-year term; 7) PAC (Pension Advisory Committee) - Gray - term expires 4/4/2005 - 2-year term; Hamilton - term expires 4/4/2004 - 2- year term; and Hibbard - term expires 4/4/2004 - 2-year term; and 8) Long Center Board of Directors - Hibbard - term expires 9/30/2003 - 3-year term. Commissioner Hibbard expressed an interest in serving on the TBRPC, MPO, or PPC in the future. In response to a question, staff will report if it is possible to appoint an alternate to the PPC. Commissioner Hamilton said he would support appointing Commissioner Hibbard as a representative to the PPC next year. Commissioner Jonson said he would like to stay on the TBRPC subcommittee on water issues. He offered to swap with Hibbard his representation on the TBRPC with representation on the St. Petersburg/Clearwater Area Economic Development Council. Commission Work Session 2003-04-14 13 . . . CA LEGAL DEPARTMENT Authorize the City Attornev to allocate an additional $20,000 in the defense of the City and James Wood in the case of Palisano v. City, for a total amount of $60,000. The City of Clearwater was served with a lawsuit alleging that Ms. Palisano's civil rights were violated. The City Attorney has assigned defense of this lawsuit as it pertains to the City and James Wood to Mark A. Hanley, Esq., of the law firm of Glenn Rasmussen Fogarty & Hooker. The initial budget was estimated at $20,000 for defense of this case. An additional $20,000 was allocated in November 2002. The Plaintiff's attorney has conducted extremely extensive discovery, including a large number of witness depositions in this case, which has resulted in more expenses incurred than originally anticipated. It is estimated an additional $20,000 is necessary for the ongoing defense of this case as it pertains to the City and James Wood. The funding of $20,000 will come out of the City Attorney's professional services budget. In response to a question, the City Attorney said this item provides defense of a City employee. Later, staff will return for an increase for defense of the City. She said the trial likely will occur this year. She said substantial costs are ahead. City Manager Verbal Reports The City Manager reported an update will be provided on Thursday regarding negotiations with the IAFF (International Association of Firefighters) union. Other Commission Action Commissioner Jonson requested information regarding proposed legislation related to the annexation of enclaves. Long Range Planning Manager Gina Clayton said everyone is supportive of the legislation which would make all internal annexations go away by 2008 with no cost to the city. Commissioner Jonson expressed concern a bill proposed by the Speaker of the House in Florida to allow municipalities to opt out or veto Tampa Bay Water would undermine the agreement that ended local water wars. He stated Tampa Bay Water is a local cooperative effort to supply water. He reported TBRPC has adopted a resolution in opposition to this legislation. He requested the item be agendaed on Thursday for consideration. Mavor Aunast said materials are available for member review from the Council of Mayors tourism conference. Mavor Aunast said the IAFF had requested a copy of a letter regarding proposed legislation that would affect disability presumptions and extra benefits for firefighters and police officers that was sent. Adjourn The meeting adjourned at 3:50 p.m. Commission Work Session 2003-04-14 14