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11/29/1993 CITY COMMISSION MEETING November 29, 1993 The City Commission of the City of Clearwater met in regular session at City Hall, Monday, November 29, 1993 at 9:44 a.m., with the following members present: Rita Garvey Mayor/Commissioner Arthur X. Deegan, II Vice-Mayor/Commissioner Richard Fitzgerald Commissioner Sue A. Berfield Commissioner Also present: Michael J. Wright City Manager Elizabeth M. Deptula Assistant City Manager Kathy S. Rice Deputy City Manager William C. Baker Public Works Director Scott Shuford Central Permitting Director Cynthia E. Goudeau City Clerk Absent: Fred A. Thomas Commissioner M.A. Galbraith, Jr. City Attorney The Mayor called the meeting to order. In order to provide continuity for research, the items will be listed in agenda order although not necessarily discussed in that order. ITEM #1 - Service Awards - None. ITEM #2 - Approval of Minutes Commissioner Deegan moved to approve the minutes of the special meetings of September 28, 1993 and October 29, 1993, as recorded and submitted in written summation by the City Clerk to each Commissioner. The motion was duly seconded and carried unanimously. PRESENTATIONS ITEM #3 - Environmental Advisory Committee (EAC) review (PW) The Chair of the Environmental Advisory Committee (EAC), George Davis, stated the Committee wanted to be the eyes and ears of the City Commission and the environmental standard bearers for the City. He stated they wished to aim high when they advised the City Commission. He reported the members of the Committee are not specialists but do become as well informed as possible. The expertise and interest of each member is used to its greatest advantage. Staff and concerned citizen input is also welcomed. He stated the Committee is aiming to have more rapid transmittal of their recommendations to the City Commission. They want to be the environmental ally for the Commission and the City. They are looking for ways to provide opportunity to involve more citizens. Commissioner Deegan questioned a statement in a report submitted by the Committee that stated the Commission rarely paid attention to the EAC which resulted in an attitude of frustration among Committee members. Mr. Davis indicated that was an attitudinal comment based partly on the Commission not agreeing with recommendations. He cited, as an example, the Committee's strong recommendation that the City spend $50 million to install reclaimed water pipelines was not addressed nor acted on by the Commission. Commissioner Deegan stated another good example would be the Stevenson's Creek project. He stated some recommendations make sense but upon further investigation, the Commission discovers an action cannot be accomplished. He stated he was disturbed if the Committee's attitude is that the Commission is not paying attention to them when they simply do not agree. Mr. Davis indicated that attitude is not prevalent at this point and the Committee has managed to focus on other issues. Commissioner Deegan questioned the Committee not adopting the EAC procedural candidates attached to these minutes as "Exhibit A." Mr. Davis indicated further changes were being made. He stated the Committee will adhere to Roberts Rules of Order. He further reported the board wished to include two recommendations: 1) money from the sale of the Hillsborough property be used to purchase environmentally sensitive land; and 2) the City not approve shoreline development requiring variances. Commissioner Deegan questioned if plans to adopt a task leader concept. Mr. Davis indicated the task leader roles need to be defined. He stated on Thursday, December 2, 1993, the Committee will vote on a list they developed. He stated the purpose of the task leader concept was to appoint someone with a focused interest to actively obtain information needed for the Committee. Commissioner Deegan indicated the basic purpose for today's report was to help the City Commission decide if the EAC should continue as a permanent board. He suggested action be delayed until the EAC takes formal action on the task leader concept. He questioned if the EAC thought they should continue as a board. Mr. Davis indicated the EAC believes they should continue. He also stated Tom Miller, Assistant Public Works Director for Environmental and Environmental staff feels the EAC should continue. Mayor Garvey indicated there had been frustration regarding the EAC in the past but she felt these issues had been resolved. She thanked Mr. Davis for appearing before the Commission. She questioned if the EAC reviewed the definition of environmentally sensitive land. Michael Wright, City Manager, indicated this had been referred to the Committee. Mr. Davis indicated the question to be resolved was whether the City would be able to come up with a list of these types of properties. He stated Thursday's agenda includes discussion regarding the definition. It was the consensus of the Commission that the definition of environmentally sensitive land should be acted upon by the EAC prior to the City Commission discussing same. CITY MANAGER REPORTS CONSENT AGENDA (Items # 4-17) - Approved as submitted less Item 8. ITEM #4 - Purchase of DTK & other computer hardware from National Data Products, Inc., Clearwater, FL, for the City Clerk, Legal & Purchasing Departments, at an estimated $101,644; authorize lease/purchase of $80,942 of hardware through Security Capital Corp., and cash purchase of $20,702 of hardware and an estimated $3,239 in software, for a total estimated $104,883 (AS) ITEM #5 - Joint Project Agreement with Pinellas County to install natural gas mains during improvements to East Lake Road, Phase I, at an estimated labor cost of $70,000 (GAS) ITEM #6 - Joint Project Agreement with Pinellas County to install natural gas mains during improvements to East Lake Road, Phase II, at an estimated labor cost of $155,000 (GAS) ITEM #7 - Purchase of various steel gas materials to: Equipment Controls, Norcross, AL, at an estimated $948.40; Empire Pipe & Supply, Tampa, FL, at an estimated $4,933.50; The Avanti Company, Avon Park, FL, at an estimated $37,561.03; & Phillips Engineering Co., Clearwater, FL, at an estimated $84,386.80, for the period 12/01/93- 11/30/94, for a total estimated $127,829.73 (GAS) ITEM #8 - See Page 4. ITEM #9 - No item. ITEM #10 - No item. ITEM #11 - Renewal of contract with Gaylord Systems, Syracuse, NY, for maintenance of Gaylord Galaxy automated library system, effective 01/01/94- 12/31/94, for an annual cost of $29,292 (LIB) ITEM #12 - Joint Project Agreement with Pinellas County for utility installation by roadway contractor for Drew Street between NE Coachman Rd. and US 19, for an estimated total cost of $715,711.50 (PW) ITEM #13 - Debt Service reimbursement Agreement with PACT, Inc., re: parking, extending the term from 10/01/93 to 09/30/98 (PW) ITEM #14 - Purchase of miscellaneous brass water fittings from Hughes Supply Inc., Tampa, FL, for the period 12/03/93- 12/02/94, for a total estimated $62,052 (PW) ITEM #15 - 10' water main easement and ingress/egress easement for garbage collection in part of Lot 12, Clearwater Industrial Park (Hunter Blood Center, Inc.)(CA) ITEM #16 - Quit claim deed for north 13' of Lots 1-4, Blk 1, Ira Nicholson's Addition to Clearwater (Clearwater Neighborhood Housing Services, Inc.)(CA) ITEM #17 - 10' drainage & utility easement over, under and across north 10' of part of Lots 1-4, Blk 1, Ira Nicholson's Addition to Clearwater (Clearwater Neighborhood Housing Services, Inc.)(CA) Commissioner Fitzgerald moved to approve the Consent Agenda as submitted less Item 8 and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #8 - Contract to HDA, Inc., Clearwater, FL, for ADA renovations to the locker rooms at the McMullen Tennis Complex, for a total cost of $16,329 (GS) In order to comply with the Americans With Disabilities Act (ADA) the City is required to provide accessibility to all locker rooms, toilets, and shower facilities. Bids were solicited for renovations to the McMullen Tennis Complex locker rooms according to ADA specifications. Commissioner Fitzgerald questioned if the cost for these renovations had been factored into the cost for ADA compliance. It was indicated they had been. Commissioner Fitzgerald moved to award a contract to HDA, Inc., Clearwater, FL, for ADA renovations to the locker rooms located at the McMullen Tennis Complex, 1000 Edenville Avenue for a total cost of $16,329 which is the lowest most responsive bid submitted in accordance with the specifications and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. OTHER ITEMS ON CITY MANAGER REPORT ITEM #18 - Agreement with Pinellas County & City of Largo for sharing of costs associated with Allen's Creek Watershed Management Plan, for $125,000 (PW) Pinellas County and the cities of Clearwater and Largo entered into an interlocal agreement with the Florida Department of Environmental Regulation (FDER) in May 1987, as a result of threatened legal action brought against FDER. The agreement committed the parties "to the development and implementation of long term management of Allen's Creek to conduct a comprehensive and intensive study in a shared effort toward such end." The plan called for the project to 1) define the existing ecosystem; 2) determine the substandard attributes of that ecosystem; 3) determine the causative agents; 4) delineate a program of recovery by which the undesirable elements of the ecosystem may be excised or ameliorated; and 5) implement the recovery program. Phase I of the study that included items 1, 2, and 3 was completed, published, and concluded the need for a Basin Wide Management Plan. Following the recommendations of the Phase I Report, Pinellas County unilaterally entered into an agreement with a consultant to perform Phase II work on item 4. That work is nearing completion. The cities of Clearwater and Largo are not cosigners of the professional services agreement under which the work was performed. Clearwater did participate on a technical level with Pinellas County in the development of the Reynolds Smith & Hill work effort for Allen's Creek. Pinellas County is requesting the City share in the cost of developing the plan. Staff recommends the City approve the agreement since the information generated by this study is valuable to the City for the protection of Allen's Creek and is consistent with Comprehensive Plan Goals 16 and 17. The methodology employed in determining the cost shares was based on watershed area. Staff believes the City's share of $125,000 to be equitable and represents our only financial obligation for the completion of the study. Tom Miller, Assistant Public Works Director, Environmental, restated there had been an informal agreement with the County regarding going forward with Clearwater and Largo providing technical support. He indicated the recommended contribution of $125,000 toward the study is the total monies required and no more money would be allocated to the Allen's Creek Project. Mr. Wright stated staff has discussed this item at great length and he questioned if the City is obligated to pay this amount due to the previous agreement. William Baker, Public Works Director, indicated the City was under this obligation. Mr. Wright questioned if the original agreement had been negotiated to avoid a lawsuit. Mr. Baker indicated it was. The City conceded in the original agreement to be a part of this plan. He felt the $125,000 contribution was a good deal for the City. Commissioner Fitzgerald expressed concerns that the tenor of the memorandum seems to indicate the City was not certain they would be asked to help fund this study. He noted the City now had a bill. He stated part of his concern was the open endedness of the situation. He felt all these issues should be ironed out prior to the City committing itself. Mr. Wright agreed. Mr. Wright indicated one component of the plan was for cities to serve areas on septic tanks. Commissioner Fitzgerald questioned if this would require the City to provide service without annexation. Mr. Wright indicated this would be a policy issue the Commission would need to determine. He stated he informed the County they would have to declare a health hazard in the area. Commissioner Deegan questioned if the work covered by the item had been completed. Mr. Miller indicated the modeling and report still were to be finalized. He stated the first report indicates the area's problems. The second report will provide solutions. Commissioner Deegan indicated the first report recounted a few solutions and questioned if that is for what the City is paying. Mr. Miller indicated it was not. Commissioner Deegan questioned for what the City was paying. Mr. Baker indicated in the first agreement, there was reference to further work and sharing of expenses. He stated after that agreement, the County began further work that resulted in the plan. He stated the City was involved to some extent regarding the plan and felt $125,000 was a fair price. Commissioner Deegan stated he had objections: 1) the County presenting the bill to the City after the work was completed when the City was unsure of what it was responsible for paying; 2) even if the City had agreed to help fund the study, if that resulted in a grandiose plan that was discarded, the City is being asked to pay for something we have been advised is no good. Mr. Wright indicated the 1987 agreement bound the City to this payment. Mr. Baker indicated $125,000 would be the total cost to the City of Clearwater for the Allen's Creek plan and any additional cost would be born by the County. Mr. Miller indicated Clearwater is attempting to combine all watersheds under the Mid-Pinellas program. He stated he will shortly be bringing that plan forward and it will identify all cost sharing. He expressed concerns the Commission was indicating they wanted definite implementation information in interlocal agreements. It was indicated the Commissioners wanted to be advised of what the City would be obligated to pay. Mr. Wright agreed with the Commission's concerns. He stated this item has been under study for a long time as he wished to be certain the City owed the money and there were no other surprises connected with the agreement. He stated the original 1987 agreement was entered to avoid a lawsuit and was somewhat open ended. Commissioner Deegan stated the County still should not have unilaterally hired the Consultant. Mayor Garvey agreed the Commission all shared some frustration regarding this and requested the County not do this again. Mr. Miller indicated the Mid-Pinellas plan was turned over to the City and Terry Finch of the Environmental Division was managing the program. Ms. Finch indicated she was also working on an Alligator Creek agreement with the Surface Water Improvement Management Department. She stated she has a draft of the Mid-Pinellas plan. Mayor Garvey questioned the other participating cities. It was indicated Safety Harbor, Largo, Belleair, and Pinellas County were participating. It was reported Dunedin was not. Mayor Garvey questioned the number of watersheds. Ms. Finch indicated thirteen were included in the Mid-Pinellas plan. In response to a question from Mayor Garvey, Ms. Finch indicated she felt the other agencies were cooperating. Commissioner Deegan questioned if it was known how much money would need to be obligated. Ms. Finch indicated it would be in the agreement. Mayor Garvey questioned SWFWMD's contribution. It was indicated the agency would contribute $1.3 million. Mr. Miller indicated the agreement has been frustrating to negotiate while trying to estimate costs and treat all participating agencies fairly. Commissioner Fitzgerald moved to approve the agreement between Pinellas County, the City of Clearwater, and the City of Largo for the sharing of costs associated with the Allen's Creek Watershed Management Plan in the amount of $125,000 and that the appropriate officials be authorized to execute same. The motion was duly seconded. Upon the vote being taken, Commissioners Fitzgerald and Berfield and Mayor Garvey voted "Aye." Commissioner Deegan voted "Nay." Motion carried. ITEM #19 - Res. #93-71 - increasing basic rental fee for the Sailing Center from $150 to $200 per use x number of days & establishing a Boat Storage fee of $30 per month plus tax and a Dance Floor rental fee of $90 per use plus tax (MR) Now that the Sailing Center has been in operation for almost two years, staff recommends the rental fee be increased to $200 per use, times the number of days. Hourly charges for utilities and personnel will remain at $10. The Sailing Center building has become extremely popular for wedding receptions and parties. A recent check of building rental fees in the area showed this recommended increase is more than reasonable. In August, the Commission approved the transfer of Recreational Facility Impact fees to construct three boat storage racks with eighteen spaces each at the Sailing Center. It is estimated the boat storage racks will be installed within the next 30 days. Currently, 20 names are on a waiting list for boat storage. Each rack will be rented for $30 per month plus tax. With 100% of the boat storage racks rented, the City's additional annual revenue will be $6,480. The portable Dance Floor is used by most customers who rent the building for receptions or parties. Staff feels the $90 per use charge is consistent with other rental dance floors. Staff feels the additional revenue will help the Sailing Center off-set the expenditure costs to the General Fund. Commissioner Deegan moved to approve the increase in rental fees for the Sailing Center. The motion was duly seconded and carried unanimously. The City Manager presented Resolution #93-71 and read it by title only. Commissioner Deegan moved to pass and adopt Resolution #93-71 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Fitzgerald, Berfield, Deegan and Garvey. "Nays": None. Absent: Thomas. ITEM #20 - Library Board - 1 appointment (CLK) Commissioner Berfield moved to reappoint Tony Bacon. The motion was duly seconded and carried unanimously. ITEM #21 - Other Pending Matters a) Schedule Joint Meeting with School Board The City Commission and the Pinellas County School Board agreed to have a joint meeting to discuss issues regarding tree removal at Plumb School. Several dates have been recommended. It was the consensus of the Commission to set a joint meeting for January 4, 1994 at 2:00 p.m. CITY ATTORNEY REPORTS ITEM #22 - Other City Attorney Items a) Res. #93-75 - Amending the rules of procedure of the City Commission The City Manager presented Resolution #93-75 and read it by title only. Commissioner Deegan moved to pass and adopt Resolution #93-75 and authorize the appropriate officials to execute same. The motion was duly seconded. Commissioner Berfield questioned on page 2, rule 5-3 that it be clarified that items may be removed from the agenda at any time and the 72 hour rule only applies to items being added to the agenda. She questioned on page 6, the rule regarding a tie vote. The City Clerk explained the Commission indicated, while they did not want a second tie vote to automatically place the item on the next agenda, they did want it brought back upon the request of the Manager, Attorney, or a Commission Member. Mayor Garvey questioned why the midnight and 6:00 p.m. ending times remained in the resolution. Commissioner Deegan indicated the Commission was still trying to be reasonable regarding the length of meetings. Commissioner Fitzgerald pointed out this will require positive action to continue past midnight. Mayor Garvey questioned if Commissioner Thomas' suggestion regarding moving Citizens to be Heard to the beginning of Thursday evening meetings had been addressed. The City Clerk indicated she is to come forward with a proposal that would permit a 30 minute period at the beginning of agendas. Commissioner Berfield questioned if the Monday meeting also would include time for Citizens to be Heard at the beginning of the meeting. Ms. Goudeau indicated her proposal would address just Thursday night. Mayor Garvey and Commissioner Fitzgerald expressed their opposition to the resolution. Upon roll call, the vote was: "Ayes": Berfield and Deegan. "Nays": Fitzgerald and Garvey. Absent: Thomas. Due to the tie vote, this item is continued to the December 2, 1993 meeting. ITEM #23 - City Manager Verbal Reports - None. ITEM #24 - Commission Discussion Items a) Rare Environmentally Sensitive Land Per the discussion with the Environmental Advisory Committee at the beginning of the meeting in Item 3, this item is referred to the Environmental Advisory Committee. b) Walgreens rezoning at Morritt Center - Hercules & Gulf-to-Bay It was the consensus of the Commission to continue this item until December 2, 1993 as Commissioner Thomas had requested discussion on this item. c) Short Term Rentals Mayor Garvey questioned what this concerned. The City Manager indicated it had to do with the rental in residential zones. It was the consensus that this item be continued and staff bring back pros and cons regarding this issue. d) McMullen Booth Road/Marlo Drive e) Phillies Celebration f) Parks & Recreation - Fred Fisher g) Policy Review - Parks & Recreation impact fees h) Poor street signs/illegible numbering on businesses It was the consensus to continue items 24d, e, f, g, and h until December 2, 1993 as Commissioner Thomas had requested discussion on these items. i) Basketball Courts adjacent to Clearwater Beach Recreation Center At a previous meeting, the City Commission had directed staff to consider relocating the basketball courts at the Clearwater Beach Recreation Center in order to provide easier access to the main entrance of the facility. The Clearwater Beach Association is requesting the basketball courts be left where they are, as moving them would eliminate the ability for Center staff to supervise activities there. The City Manager reported staff has been working with the neighborhood association and concurs with their recommendation. Commissioner Fitzgerald moved to approve the recommendation of the Clearwater Beach Association to not move the basketball courts at the Clearwater Beach Recreation Center. The motion was duly seconded and carried unanimously. j) Charter Review Committee It was the consensus to continue this item until December 2, 1993 when Commissioner Thomas is in attendance. k) Abandoned and Boarded Up Buildings It was the consensus to continue this item until December 2, 1993 as Commissioner Thomas has requested discussion on this item. l) Traffic Signal Removal Commissioner Thomas had submitted a list proposed at the MPO meeting for traffic signal removal. He had requested the Commission review it and provide input. Peter Yauch, Traffic Engineer, indicated this was the same list that had been reviewed a year ago. Commissioner Berfield questioned the removal of the light at Belcher Road and Gulf to Bay Shopping Center. Mr. Yauch indicated this would be something to be studied. Commissioner Berfield expressed concerns that this light was needed. It was the consensus to let the Traffic Engineer make recommendations to the MPO. ITEM #25 - Other Commission Action Mayor Garvey questioned the status of the request for a wooden fishing pier to replace the old Memorial Causeway Bridge. It was reported this has been assigned to the Marine Advisory Board for them to report to the Commission regarding recommended fishing locations throughout the City. Commissioner Berfield questioned the response to Mr. David Campbell's letter regarding difficulties he experienced having his roof repaired. Deputy City Manager Rice stated staff has been working with Mr. Campbell in this regard. She indicated staff has drafted a reminder notice to be sent to homeowners. It is anticipated beginning in mid-December this notice will be sent to homeowners having roofing permits issued. Commissioner Deegan reported he has requested an ordinance to change the code regarding the Downtown Development Board (DDB) be placed on the December 2, and December 16, 1993 agendas in order for the ordinance to be in place prior to the new members being seated. Mayor Garvey expressed concerns that the DDB members should have an opportunity to review the ordinance and provide input. Commissioner Deegan questioned if the Police Chief's recommendation to hire an architect to review the Police Station and its needs would be pursued. The City Manager reported this had been placed on hold while staff investigated the possibility of using the Barnett Bank building. When it was decided the Barnett Bank building was not suitable, staff was directed to proceed. Ms. Rice indicated an RFP is being developed to be sent out to architects. Commissioner Deegan requested to see a copy of the RFP. Commissioner Deegan questioned a memorandum from Jim Polatty, Economic Development Director, regarding the North Greenwood Design Review Committee reviewing the North Greenwood facade improvement program. He recalled the North Greenwood Business Alliance was to administer the program and if they were unavailable, the Clearwater Neighborhood Housing Services would be asked. The Deputy City Manager agreed this was the direction provided to staff. She indicated she would meet with the Economic Development Director. Commissioner Deegan referenced a letter to the City Manager from the Chamber of Commerce regarding how they could assist new businesses. He questioned if the City Manager planned to study this report. Mr. Wright indicated he has not had the opportunity to review the recommendations at this time but will direct them to staff as appropriate. Commissioner Deegan requested that Mr. Sehlhorst be contacted regarding his ideas. The City Manager indicated he would do so but keep them separate from the Chamber of Commerce's recommendations. Commissioner Fitzgerald reported the Suncoast League of Municipalities has included in its legislative package continued attention to annexation and Federal Emergency Management Agency (FEMA) bills. Mayor Garvey questioned the status of the sale of the Hillsborough property. Ms. Rice reported City staff will be meeting with Hillsborough County in order to bring back another offer to the City. The City Manager reported the recommendation that funds from this sale be dedicated to environmentally sensitive land may not be possible to accomplish as there are some obligations to reimburse the sewer fund. Ms. Deptula indicated Kurt Grimley with Hillsborough County has indicated they will be making another offer next week. Mayor Garvey questioned if any of the Commissioners had any problem with the compromise proposed for renaming Plaza Park that the park would retain the name, Plaza Park, and the playground within the park would be named for the child that was killed. There was no disagreement. This item will be brought forward for formal Commission action. ITEM #26 - Adjournment The meeting adjourned at 11:15 a.m.