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11/14/2006 CITY COUNCIL WORKSESSION MINUTES CITY OF CLEARWATER November 14, 2006 Present: Frank Hibbard Mayor Carlen Petersen Vice-Mayor Hoyt P. Hamilton Councilmember William C. Jonson Councilmember John Doran Councilmember Also present: William B. Horne II City Manager Garry Brumback Assistant City Manager Rod Irwin Assistant City Manager Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Rosemarie Call Management Analyst The Mayor called the meeting to order at 1:30 p.m. at City Hall. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. Presentations Service Awards Three service awards were presented to City employees. Sherry Watkins, Planning Department, was presented the November 2006 Employee of the Month award. The November-December 2006 Team Award was presented to the City Webcam Installation Team: Gene Nyland, Dave Laatsch, Tom Arruda, John Rist, Howard McChesney, and Derek Ferguson. DMRQA Study 26 Award Public Utilities Director Andy Neff reported the City received an award for achievements in the DMRQA (Discharge Monitoring Report – Quality Assurance) Study for the Marshall Street Advanced Wastewater Pollution Control Facility and East/Northeast facilities. He recognized Laboratory Manager Maria de la Cantera and the Laboratory Team for their hard work and dedication. The Council recessed from 1:38 to 1:41 p.m. to meet as the Pension Trustees. Council Work Session 2006-11-14 1 Interim Councilmember Applicant Introductions Interim Councilmember applicants Joyce Alderman, Robert Finn, Kenneth Humphreys, Edward Johnson, Sondra Kerr, Gerry Lee, Larry Lytle, Alex Plisko, Jr., Dennis Roper, and Lynda Stone introduced themselves to the City Council and answered questions. The Interim Councilmember will be appointed at a Special Meeting in December. Parks and Recreation Approve an agreement between the School Board of Pinellas County and the City of Clearwater providing for the joint use of facilities from January 1, 2007 to December 31, 2011 and authorize the appropriate officials to execute same. (Consent) For many years, the City of Clearwater has used various school facilities, such as gymnasiums and outdoor tracks to offer recreation programs. The School Board of Pinellas County has had a need and has utilized many City recreational facilities, including athletic fields and swimming pools. Cooperation between the City and the School Board has been excellent and the usage of facilities has been fairly equal. The agreement allows the City and the School Board the flexibility needed to offer citizens quality educational and recreational opportunities without the need to duplicate facilities already in existence. The use of facilities is at no charge, providing the use conforms to regular working hours of each organization. If outside of normal hours, each agency will be responsible to reimburse the other agency for the direct cost that is incurred as part of the facility use. The current Joint Use Agreement with the School Board expires on December 31, 2006. The term for the new agreement is from January 1, 2007 until December 31, 2011. The School Board approved the agreement on November 14, 2006. The agreement is similar to past agreements with the following exception: 1. Removal of Attachment A, which describes various uses by the City and School Board. In its place, the City and schools will complete a Facility Use Authorization Form for approval by the Superintendent and City Manager or their respective designees. In response to questions, Parks & Recreation Director Kevin Dunbar said school grounds would be open only for scheduled activities. The City is responsible for liability matters when it sponsors activities, even if maintenance problems beyond City control are an issue. Police Approve continuing the existing Evolution-Data Optimized (1xEV-DO) service, providing all wireless communication to Police laptop computers, with Alltel for a period of 3 years, December 1, 2006 to November 30, 2009, in an amount not to exceed $406,800 for the three- year period and authorize the appropriate officials to execute same. (Consent) The 1xEV-DO wireless communication service provides real time in mobile dispatching, Automated Vehicle Locator (AVL)/Geographic Interface System (GIS), car-to-car messaging Council Work Session 2006-11-14 2 and access to State, federal and local crime information databases. Wireless communication is a mechanism that permits the officers to receive and transmit data from their vehicles. Alltel provides 24-hour technical service, including weekends. Additionally, Alltel will work in the field with officers to solve coverage and/or call drop problems and also provides automatic dial telephone update on pending outages. Alltel offers I.P. addresses identifying each laptop computer necessary for tracking locations of usage, and meets the Florida Department of Law Enforcement FCIC/NCIC requirements. Since this is a request to continue service on existing equipment, and CPD (Clearwater Police Department) has all their computers and software in place, it is impractical to submit this service for bid. The department, through the normal budgeting process, will request funding in the amount of $11,300 per month ($135,600 per year), and not to exceed $406,800 for the three-year period. Funding for this service has been provided for in the department’s 2006/2007 operating budget. In response to a question, Information Technology Director Dan Mayer said internet protocols would be most affected if the equipment is changed. Concern was expressed that the City may not be receiving the best rate. Mr. Mayer said the contract’s three-year fixed term provided a better rate. Additional information was requested regarding other networks used in Pinellas County. Official Records & Legislative Services Appointment of Budget Task Force Consensus was to appoint Martin L. Altner, Joseph W. Evich, Isay M. Gulley, R. Nathan Hightower, Robert L. Longenecker, Joyce E. Martin, Herbert W. McLachlan, Charles J. Rutz, Jesse Sherman, James E. Strickland and Douglas J. Williams to the Budget Task Force. Legal Adopt Ordinance 7718-06 on second reading amending the Community Development Code by amending Article 4, Development Review and Other Procedures, Section 4-903, to amend the standards for issuance of certificate of concurrency/capacity and adding a new section 4-904 Proportionate Fair-Share Program. Senate Bill 360, passed by the Legislature in 2005, introduced some important changes to the State’s growth management law. One significant change requires local governments to implement a “Proportionate Fair-Share Program” within their transportation concurrency management systems. The Program creates a method whereby the impact of development on transportation facilities can be mitigated by the cooperative efforts of the public and private sectors. The Program allows developments that negatively impact the adopted level of service to proceed under certain conditions by contributing their fair-share cost of improving the impacted transportation facility. Proposed Ordinance 7718-06 implements this new requirement of Florida Statutes 163.3180(16) by establishing the option of proportionate fair-share, as well as the process to assess and obtain the proportionate fair-share contributions from the developer and to Council Work Session 2006-11-14 3 incorporate such projects into the City’s Capital Improvement Element of the Clearwater Comprehensive Plan. The proposed ordinance was based on the model ordinance developed by FDOT. The Community Development Board (CDB) reviewed the proposed amendment at its regularly scheduled meeting on October 17, 2006, and recommended approval to the City Council. Engineering Specialist Himanshu Patni said the County and City are adopting the same standards. Staff will use the annual MPO (Metropolitan Planning Organization) report and traffic impact studies to determine LOS (Levels of Service). Council Discussion Items Dairy Queen sign – Michael Delk Planning Director Michael Delk reported a Dairy Queen sign had been permitted incorrectly and provided Council with the following options: 1) do nothing; 2) initiate code enforcement action; or 3) amend the Code by adopting a Citywide amortization period for erroneously permitted signs. The subject sign is approximately 20% oversized and replacing it would cost the City up to $50,000. He recommended a 5-year amortization period. The City Manager said the option to allow the City to replace the sign was rejected by the business owner. Discussion ensued. Opposition was expressed to code enforcement action. It was suggested that an ordinance initiating an amortization period, to begin at the time of permitting, would stand up in court. Consensus was for staff to draft an ordinance with a five-year amortization period. Staff was directed to bring any agreement that the City would pay to replace the current sign to Council for approval. Other Council Action Advisory Board Concern was expressed regarding Councilmember interaction with advisory boards. Discussion ensued. It was agreed that Councilmembers may attend advisory board meetings but not participate or provide direction. PSTA (Pinellas Suncoast Transit Authority) Joint-Use Facility Concern was expressed regarding a newspaper article featuring PSTA (Pinellas Suncoast Transit Authority) Executive Director Roger Sweeney. It was requested that the County report at the next PSTA meeting that it intends to retain its parking lot that abuts the transfer station and it was recommended that a staff member or other Councilmember also attend when the City’s representative cannot be present for the entire meeting. Council Work Session 2006-11-14 4 In response to questions, Assistant City Manager Rod Irwin said staff had contacted Mr. Sweeney, communicated the City’s desire that the transfer station remain in downtown and presented six downtown parcels for consideration that met PSTA requirements. It appears that Mr. Sweeney did not report to the PSTA board regarding meetings with the City, County, and PSTA on a joint-use facility. It was recommended that a meeting be scheduled with the City Council and PSTA board. The Council’s representative will request the board to reconsider its vote against the study to consider a joint-use facility. A Councilmember reviewed upcoming events. Adjourn The meeting adjourned at 5:04 p.m. Council Work Session 2006-11-14 5