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07/18/1996 CITY COMMISSION MEETING CITY OF CLEARWATER July 18, 1996 Present: Rita Garvey Mayor/Commissioner J. B. Johnson Vice-Mayor/Commissioner Robert Clark Commissioner Ed Hooper Commissioner Karen Seel Commissioner Elizabeth M. Deptula City Manager Kathy S. Rice Deputy City Manager Pamela K. Akin City Attorney Scott Shuford Central Permitting Director Rich Baier Engineering Director Cynthia E. Goudeau City Clerk Patricia O. Sullivan Board Reporter The Mayor called the meeting to order at 6:00 p.m. at City Hall. A moment of silence was observed. The Mayor led the Pledge of Allegiance. 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 Proclamation: National Parks & Recreation Month - July 1996 ITEM # 5- Presentations Thomas White of David Volkert & Associates presented a commemorative plaque for the Clearwater Pass Bridge. ITEM #6 - Approval of Minutes Commissioner Johnson moved to approve the minutes of the regular meeting of June 20, 1996, and the special meetings of June 18, 1996, and June 20, 1996, as recorded and submitted in written summation by the City Clerk to each Commissioner. The motion was duly seconded and carried unanimously. ITEM #7 - Citizens to be heard re items not on the Agenda Margaret Hyde said the August 24, 1996, ice-cream social celebration was not a political event but would recognize the anniversary of women's right to vote and show thanks to women who worked hard for this privilege. She said men did not have to earn this right as it was bestowed upon them when the country was founded. Event organizers have not requested City funding, just support. She requested use of the City Hall stairs and lobby for displays. Dan Moran praised the City for lighting the Clearwater Pass Bridge. PUBLIC HEARINGS ITEM #8 - Public Hearing - Approve City’s 1996-97 Consolidated Plan and Subgrantee Contract Form (ED) Under the Consolidated Plan, the City coordinates its approach to providing affordable housing, creating jobs, helping the homeless, controlling crime, and revitalizing neighborhoods. Neighborhoods are helped by defining their needs and addressing them through an action plan with specific performance measurements. The Consolidated Plan provides the U.S. Department of Housing and Urban Development with a single comprehensive planning document. Under a separate Consortium Application, Pinellas County provides HOME Program funds. SHIP (State Housing Initiatives Partnership) funds are available under a separate State application. On April 18, 1996, the City Commission approved the SHIP Local Housing Assistance Plan. Exhibit A to these minutes describes the proposed projects and funding to be approved. Commissioner Johnson moved to approve the City's 1996/97 Consolidated Plan and Subgrantee Contract Form and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #9 - Not Public Hearing - Approve recommendations by the Technical Review Committee for allocation of City social services funds in the amount of $62,000, and approve proposed contract form for the funding contracts related to Fiscal Year 1996/97 City of Clearwater Social Services Grants (HM) By City Commission direction, the City Social Services Grant program was made competitive effective FY (fiscal year) 1993/94. In March 1996, staff mailed grant application forms and instructions to area agencies that had expressed interest in the program or had participated previously. Requests were limited to a maximum of $10,000 and agencies could submit only one application per project. Agencies were asked not to submit funding applications to the City Social Services Grant and the Consolidated Plan for the same project. Staff advised agencies the anticipated total funding for this program would be $62,000. The City received 34 grant applications totaling $257,206. The TRC (Technical Review Committee), impaneled to rank applications, convened on May 28, 1996, and made funding recommendations. TRC members included: 1) Barbara Butz - HRS; 2) Alex Barron - Morton Plant/Mease Hospital; 3) Elizabeth Smoot - Pinellas Technical Education Center; 4) Jerome Brown - Pinellas County Social Services Department; 5) Jill Perrino - Clearwater Community Relations Board; 6) Herbert Freitag - Clearwater Community Relations Board; and 7) Dorothy Whitlock - Juvenile Welfare Board. Due to illness, Ms. Whitlock did not attend the TRC meeting. TRC recommendations are based on the agencies' average numeric scores. Most proposals were funded in amounts less than requested to permit a greater number of agencies to be funded. In answer to a question, Mary Dowdell said she will be the Executive Director of Tampa Bay Harvest until they find someone to take the position full-time. The agency has signed up 7 partners and is working to attract others to meet the organization's needs. Commissioner Clark expressed concern each current partner is contributing an average of $200 but the City is asked to contribute 4 times that amount. Ms. Dowdell said once they receive additional community support, the agency will not ask the City for more funds. She explained Tampa Bay Harvest is an all volunteer organization that picks up food and distributes it to area shelters, food pantries and kitchens. Suzanne Bissett, Quest Inn Executive Director, hoped the City will allocate additional funds. The City did not fund Quest Inn this year for the first time in her memory. She expressed concern this will negatively affect the program. Eric Houton, member of the Quest Inn board of directors, read a letter from a former client thanking the Quest Inn. The Quest Inn offers shelter and counseling and helps people get on their feet. Commissioner Johnson recommended the City increase social service funding to $100,000. The Mayor recommended the City Commission discuss that when addressing next year's budget. Commissioner Hooper questioned how the $62,000 funding level was established and how long it has remained at that level. Human Relations Director Eleanor Breland said that rate was established many years ago when the City Commission funded certain agencies every year. She noted the TRC recommendation to increase funding. Commissioner Johnson moved to approve the recommendations made by the TRC (Technical Review Committee) - Exhibit B - for allocation of City social services funds in the amount of $62,000 and approve the proposed contract form for the funding contracts and that the appropriate officials be authorized to execute same. The motion was duly seconded. Commissioners Johnson, Hooper, and Seel and Mayor Garvey voted "Aye"; Commissioner Clark voted "Nay." Motion carried. ITEM #10 - Public Hearing - Development Agreement with James A. and Hazel E. Vogel, for property located on E side of Landmark Dr., approx. 650’ S of Enterprise Rd., Sec. 33-29-16, M&B 22.011, to authorize development of up to 34 Single Family Residential Units for a gross density of 5 units per gross acre and up to 14,160 sq. ft. of Office Floor Area (Maximum 0.3 Floor Area Ratio); no structure shall exceed 30’ in height; and Res. #96-45 - approving the development agreement with James A. and Hazel E. Vogel (A96-21) The Vogel family owns approximately 8.04 acres on the East side of the Landmark Drive extension. The City is constructing the Landmark Drive extension to the planned Lake Chautauqua Park, South and West of the subject property. The Vogel family and City jointly are contemplating a development agreement that benefits both parties. City benefits include: 1) obtaining a 30-foot right-of-way section to the City allowing the Landmark Drive extension to be centered; 2) residential and office property being annexed into the City; and 3) landscape buffering being provided along Landmark Drive. Benefits to the property owners in the form of City concessions include: 1) the City's construction of the Landmark Drive extension allowing access to the subject property; 2) reduction of 10 feet in the proposed residential subdivision internal right-of-way width from the standard 60-feet requirement; 3) reduced width for corner lots; and 4) reduced "corner side" setback for corner lots of 10 feet versus the standard 25 feet. Residents of nearby subdivisions view "centering" of Landmark Drive as important. Staff feels concessions requested by the developer are relatively minor, generally paralleling Pinellas County development standards. On June 18, 1996, the Planning & Zoning Board unanimously recommended approval. Commissioner Hooper moved to approve the proposed development agreement between the City of Clearwater and James A. Vogel and Hazel E. Vogel and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #96-45 and read it by title only. Commissioner Clark moved to pass and adopt Resolution #96-45 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey "Nays": None. ITEM #11 - Public Hearing - Res. #96-48 - to modify the community redevelopment plan for downtown to allow financial participation by the CRA in the construction of a Winn-Dixie grocery store and associated retail facilities at the northeast corner of Cleveland Street & Myrtle Avenue The CRA (Community Redevelopment Agency) has expressed interest in participating financially in the Winn-Dixie redevelopment project. To do so with CRA funds, the Downtown Redevelopment Plan must be modified to include the redevelopment project. The CRA adopted Resolution #96-02 requesting modification of the Plan. On July 18, 1996, the Planning & Zoning Board (local planning agency) voted 4-3 to support the plan. Central Permitting Director Scott Shuford said opposition was based on concern regarding a City expenditure to help a corporation the size of Winn-Dixie. He indicated the modification is consistent with Clearwater's Comprehensive Plan. A grocery store provides good support for residential development. The project's lead agency is CNHS (Clearwater Neighborhood Housing Services). CNHS Project Manager Nancy Hansen said Winn-Dixie responded positively regarding their relocation downtown to the 48,000 square foot store. At least three shops on the outparcel will serve as lower rent incubator space for new businesses. The development will increase downtown's tax base and add between 160 and 250 jobs. She hoped the jobs would go to low and moderate income area residents. Ms. Hansen felt the project is good and said she was proud to be part of it. Commissioner Clark questioned if all six outparcel shops would serve as incubators or would a mix be encouraged. Ms. Hansen said there would be a mix with established businesses attracting customers for the new businesses. She said CNHS will own the property and maintain control. They will lease the space to Winn-Dixie and other businesses. Lou Chaconas said he welcomed the project. Commissioner Johnson moved to approve the proposed modification to the Downtown Redevelopment Plan to incorporate the Winn-Dixie project. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #96-48 and read it by title only. Commissioner Seel moved to pass and adopt Resolution #96-48 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey "Nays": None. ITEM #12 - Public Hearing & First Reading Ord #6028-96 - LDCA amending Sec. 45.23 to exclude City-owned property from eligibility for minor variance consideration and to exclude any property from eligibility for minor variance consideration where variances are granted in excess of specified limits; to allow minor variances for freestanding sign setback up to 5' (LDCA 96-10) This code amendment was prepared in response to two areas of concern expressed by the DCAB (Development Code Adjustment Board) regarding the minor variance program: 1) the potential for the minor variance program to result in "cumulative" variances and 2) that City-owned properties be excluded from minor variance consideration to avoid the appearance of conflicts of interest. DCAB wanted a completely unbiased review of code deviations affecting City properties. Staff also has added changes: 1) relettering the list of minor variances to delete "Reserved" from the list and 2) allowing minor variances for freestanding sign setback for the full 5-feet required by code, reflecting the City Commission's typical approval of sign setback variances. On June 13, 1996, DCAB recommended approval of the code amendment. Commissioner Clark moved to approve the Land Development Code amendment excluding City-owned property from eligibility for minor variance consideration, excluding any property from minor variance consideration where variances are granted in excess of specified limits, and allowing minor variances for freestanding sign setback up to 5 feet. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6028-96 for first reading and read it by title only. Commissioner Hooper moved to pass Ordinance #6028-96 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey. "Nays": None. ITEM #13 - (Cont'd from 06/06 & 06/20/96) Public Hearing & First Reading: Ord. #5962-96 - LDCA amending Div. 26 of Ch. 40, to provide for revised development standards in the Urban Center District & Ord. #5964-96 - Zoning Amendments for Downtown Urban Core districts (LDCA95-20, Z96-01) The City is in the process of adjusting its zoning requirements to implement the Downtown Redevelopment Plan. Adjustments include changes to Downtown zoning districts and amendments to the Land Development Code for the Urban Center district The Downtown Redevelopment Plan recommends establishing some revised zoning districts. The City Commission has desired modifications to some of these recommendations and directed staff to eliminate the multiple Eastern Corridor subdistricts proposed in the Plan and to extend the UC[C2] subdistrict on block eastward to incorporate both sides of Myrtle Avenue. Regarding the Land Development Code amendments, the revised zoning and development regulations for downtown zoning districts include changes in allowable height, FAR (floor area ratio), density requirements, and other less substantial changes. Staff believes implementation of the Downtown Redevelopment Plan will spur new redevelopment activity downtown and is confident the proposed changes reflect appropriate levels of development intensity. A number of adjustments were made to the original proposal to encourage downtown property owner support. On May 21, 1996, the Planning & Zoning Board endorsed the code amendments by a 4-1 vote. On June 4, 1996, the Planning & Zoning Board endorsed the atlas amendments by a 5-2 vote. Regarding the Eastern Corridor District, the Planning & Zoning Board recommended increasing the "base" height from 100 feet to 150 feet and the "bonus" height from 150 feet to 180 feet. Mr. Shuford said his June 27, 1996, memorandum explains why staff recommendations were not adjusted as discussed at previous hearings. He said the Scientologists have expressed concern the ordinance will affect their planned Flag Organization building. He said the County also may have some concerns. The City Manager has recommended the County outline their concerns to the City. Harry Cline, representative for Dimmitt Leasing and Jim Gills, expressed concern his clients' properties will be in the Eastern Corridor. He indicated Mr. Gills' building is 150 feet tall and the Dimmitt property is divided by a zoning district line. He objected to the proposed changes because his clients will lose height and FAR limits they currently have. He felt the changes will not benefit the community. He recommended the City Commission accept the Planning & Zoning Board's recommendation to increase height limits in the Eastern Corridor to 150 feet. He read from Mr. Shuford's June 27, 1996, memorandum, noting staff had indicated a comprehensive evaluation of changing the corridors could not be done due to the uncertainty of some projects. Mr. Cline recommended waiting to see how downtown development progresses before imposing restrictions. Mr. Cline submitted and read portions of a June 20, 1996, letter from Mark S. Klein, CCIM, of Klein & Heuchan, Inc. Realtors and a June 20, 1996, letter from James P. Nelson, Vice President of AmSouth Bank's 16120 US 19N branch, regarding the adverse impacts of non-conforming properties. He said non-conforming properties impose a hardship on property owners. Commissioner Seel questioned what happens to loans on on-conforming properties. Mr. Cline said property owners would pay higher insurance premiums. Banks may refuse to renew balloon mortgages. Commissioner Clark questioned how likely it would be that insurance companies would permit property owners to over-insure their buildings. Mr. Cline said banks rely on what owners have and would push insurance requirements to the maximum. Commissioner Johnson said normally an additional amount is charged for replacement costs. He questioned if Mr. Cline felt a 150 foot limit in the Eastern Corridor would be acceptable. Mr. Shuford pointed out code provisions allow buildings with non-conforming densities, FAR, or heights to be rebuilt. He said financial people he contacted felt a letter from the City outlining these provisions would make them comfortable. Commissioner Hooper questioned what would happen if the grandfathering ordinance is changed. Mr. Shuford said he would have some concerns. The City Attorney said Mr. Cline is laying a predicate for private property action. If that should occur, a required process would need to be followed and a settlement would need to be proposed. She said when the government limits rights property owners currently have, the property owners can take actions to make sure they are not damaged. Mr. Cline said he has never threatened the City with a lawsuit. The City Attorney indicated she was letting the City Commission know that claims may be forthcoming. Commissioner Seel questioned if accepting the Planning & Zoning Board's recommendations would solve that problem. The City Attorney said that might assist Mr. Cline's clients but may not address the concerns of other property owners. The Mayor noted the City Commission needs to consider what they want for downtown. Commissioner Seel expressed concern limits would affect the redevelopment of the Annex property and around the proposed lake. Commissioner Clark requested hearing the County's concerns before taking action. The Mayor said she is uncomfortable with current unlimited heights. Commissioner Clark moved to continue Item #13 to August 1, 1996. The motion was duly seconded and carried unanimously. ITEM #14 - Public Hearing & First Reading Ord. #6055-96 - CI Zoning for property located on Fairburn Ave., Engman St. & Betty Lane, Fairburn Add, Blk A, Lots 1 & 2, Blk B, Lots 1-4, Blk C, Lots 5 & 6, Pine Brook Unit 2, Blk E, Lots 13-16, Pine Ridge, Blk C, Lot 10, Blk D, Lots 8-13, Blk E, Lots 8 & 9, Stevenson’s Heights, Blk A, Lot 27 (Everybody’s Tabernacle, Inc. / Calvin & Evelyn Doyle / Sergeant Allen Moore Community Partnership, Inc. / M&H Co. / Henry & Anne Meister / Nicholas Koulouvaris, TRE / Behnam Gholampoar / Bruce Mesagno / Thomas & Elizabeth Floyd / Baker & Williamson Enterprise / Alice Blunt / Dorothy Dilliard Estate / Homeless Emergency Project / City, Z96-06) This City initiated rezoning would allow more flexibility to property owners and developers by minimizing some zoning restrictions while protecting surrounding properties. The subject properties involve multiple owners and include Infill Commercial (CI), Neighborhood Commercial (CN) and General Commercial (CG). When compared with the Neighborhood Commercial (CN) and General Commercial (CG) zoning district requirements, the Infill Commercial (CI) district will be more advantageous to property owners and developers. It is proposed to rezone these properties Infill Commercial (CI) which has the highest number of permitted and conditional uses, highest residential density, less lot size requirements, less street right-of-way setback, and minimum lot open space requirements. The current land use plan classification for these properties is Commercial General (CG) and will not be changed. Commissioner Johnson moved to approve the petition for Zoning Atlas Amendment from Neighborhood Commercial (CN) and General Commercial (CG) to Infill Commercial (CI) for properties: 1) Fairburn Addition, Block A, Lots 1 & 2; Block B, Lots 1 through 4, and Block C, Lots 5& 6; 2) Pine Brook Unit 2, Block E, Lots 13 through 16; 3) Pine Ridge, Block C, Lot 10, Block D, Lots 8 through 13, and Block E, Lots 8 & 9; and 4) Stevenson's Heights, Block A, Lot 27. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6055-96 for first reading and read it by title only. Commissioner Seel moved to pass Ordinance #6055-96 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey. "Nays": None. ITEM #15 - Variance(s) to Sign Regulations for property (Easy Pick Convenience Store) located at 2320 Sunset Point Rd., Sunset Point Estates, Blk B, Lot 18 and part of Lot 17 (Cheaib, SV96-11) The property on the northeast corner of Sunset Point Road and Atlantis Avenue is zoned General Commercial. The applicant is requesting: 1) a variance of one freestanding sign to permit two such signs and 2) a variance of 233 square feet from the permitted 64 square feet to allow 297 square feet of freestanding sign area. The applicant wishes to erect a 60 square foot freestanding sign to advertise his business to enhance his business' visibility, particularly to westbound Sunset Point Road traffic which cannot see his store easily. When the applicant purchased this property in May 1995, the one freestanding sign, a billboard on the property did not conform to the code's size and height requirements. The 237 square foot area, 42.2 foot high sign has been illegal since October 13, 1992. On July 20, 1995, the applicant entered into a real estate lease with Patrick Media for this illegal sign. Mr. Shuford said the applicant has attempted to get out of the Patrick Media lease without success. Applicant Marco Cheaib verified photographs of the property presented him by Mr. Shuford. Mike Evans, representing the applicant, said part of the property was taken during road construction. Previously, the property had one sign for the business and the billboard. He noted the 1993 lawsuit regarding the billboard is pending and may not be resolved for many years. He said Mr. Cheaib purchased the property from Pinellas County and thought he could trust the government. He was advised the billboard brought in income and was shown where the second sign should go. The County did not advise him the billboard was illegal. He paid for the property and invested money into his business. In July 1995, Patrick Media came looking for the owner when he was working and offered him $2,100 a year rent. Mr. Evans said as construction on Sunset Point Road progressed, Mr. Cheaib's business lost eastbound access and the building to his East blocks drivers' view of his business. He did not know there was a problem regarding the second sign until he applied for a sign permit. Mr. Evans indicated Patrick Media could tie Mr. Cheaib in court for many years regarding this issue. He said the lease was to be for one year but Patrick Media changed it to five years. Mr. Cheaib has refused to accept any more money from Patrick Media. Mr. Evans noted the City Commission recently approved a freestanding sign for Clearwater Bagel even though a billboard stands on that property. He said if the City is successful with its litigation, the billboards will be gone. He said his client has a unique hardship and felt his case is similar to Clearwater Bagel which claimed special circumstances because an automobile knocked over their sign. He noted the client technically did this to himself but pointed out Mr. Cheaib did not receive a huge benefit. Without a freestanding sign advertising the business, no one would want that property. He noted the difficulty of dealing with a non-conforming piece of property. He said Mr. Cheaib's business is suffering because drivers are not aware the business is there. Mr. Evans did not think any action taken by the City Commission today would affect pending litigation with the billboard companies. Mr. Shuford reported the City had received a letter of objection regarding this request. He said the billboard company on Clearwater Bagel's property is more cooperative than Patrick Media and the timing of the signs' construction differed. Mr. Evans said Mr. Cheaib is willing to tie approval only to him and his business. He would accept limits as the billboard lease expires in four years. He is willing to do anything. Had the County advised him of billboard was not allowed, he would not have signed a lease. The Mayor recommended staff advise the County regarding the City's billboard laws. In answer to a question, Mr. Evans said Mr. Cheaib did not pay a discounted price for the property. Through a bid situation, he paid $100,000 for the land and a dilapidated building that required $150,000 in improvements. Commissioner Seel questioned if the applicant would have recourse with the County. The City Attorney said he would not if the County did not mislead him. Mr. Cheaib did sign the lease with Patrick Media. Commissioner Clark questioned if the applicant was represented by counsel when he signed the lease. Mr. Evans said that was not the case. Mr. Evans said the request is for one sign and noted the billboard will be gone if the City wins their case. In answer to a question, Mr. Evans said the County had purchased the business from 7-11. Mr. Cheaib has been in business between 2 and 3 months. Commissioner Hooper noted Mr. Cheaib's van is more visible than a free standing sign. In answer to a question, Mr. Shuford said parking the van in front of the business violates the sign code. Mr. Evans said the vehicle can be parked in the rear. The Mayor said she was more comfortable with Clearwater Bagel's request because an agreement with 3M seems possible. In answer to a question, Mr. Shuford said the property was annexed by the City many years ago. Commissioner Hooper questioned if the new sign fee can be wavered when the billboard is removed. Mr. Shuford said the City Commission can direct staff to waive the fee. Commissioner Hooper said he tries to be sympathetic to variance requests but he could not approve the variance. He expressed concern several people took advantage of Mr. Cheaib. Commissioner Hooper moved deny a variance of one freestanding sign to permit two such signs and a variance of 233 square feet from the permitted 64 square feet to allow 297 square feet of freestanding sign area, on property identified as Lot 18 and part of Lot 17, Block B, Sunset Point Estates, for failure to meet Sec. 45.24 Standards for Approval, items (1) - (4). The motion was duly seconded. The City Attorney said Patrick Media takes the position that their signs are not illegal. The Mayor said she sympathizes with the owner but is tired of giving into the billboard companies. Upon the vote being taken, Commissioners Johnson, Hooper, Seel and Mayor Garvey voted "Aye"; Commissioner Clark voted "Nay." Motion carried. Public Hearing - Second Reading Ordinances ITEM #16 - Ord. #6044-96 - LDCA defining “public safety facility”, identifying zones where public safety facilities may be allowed, providing standards for approval (LDCA 96-11) The City Attorney presented Ordinance #6044-96 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #6044-96 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey "Nays": None. ITEM #17 - Ord. #6045-96 - Amending Secs. 40.103, 40.324, 40.365, 40.384, 40.404 & 41.053, to allow bed and breakfast inns as a conditional use in the RM-10 District, CN District, Beach Commercial District, and CR-24 & CR-28 Districts (LDCA 96-09) The City Attorney presented Ordinance #6045-96 for second reading and read it by title only. Commissioner Seel moved to pass and adopt Ordinance #6045-96 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey "Nays": None. ITEM #18 - Ord. #6050-96 - Vacating North 10’ of existing 30’ drainage & utility easement lying South of & adjacent to Lot 13, Blk 6, Revised Plat of Brookwood Terrace Sub., less East 5’ (St. Vincent DePaul, V96-08) The City Attorney presented Ordinance #6050-96 for second reading and read it by title only. Commissioner Hooper moved to pass and adopt Ordinance #6050-96 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey "Nays": None. ITEM #19 - Ord. #6051-96 - Annexation for property located on East side of Landmark Dr., approximately 650’ South of Enterprise Rd., Sec. 33-29-16, M&B 22.011 (Vogel, A96-21) The City Attorney presented Ordinance #6051-96 for second reading and read it by title only. Commissioner Clark moved to pass and adopt Ordinance #6051-96 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey "Nays": None. ITEM #20 - Ord. #6052-96 - Zoning (OL - Tract A, M&B less S 509’ m.o.l.), (RPD5 - Tract B, M&B less N 160’ m.o.l.) for property located on East side of Landmark Dr., approximately 650’ South of Enterprise Rd., Sec. 33-29-16, M&B 22.011 (Vogel. A96-21) The City Attorney presented Ordinance #6052-96 for second reading and read it by title only. Marcus Vernon, representative of the applicants, thanked the City Commission, City Attorney, Assistant City Attorney Leslie Dougall-Sides, Engineering Director Rich Baier, and Mr. Shuford for their help with this project. Commissioner Clark moved to pass and adopt Ordinance #6052-96 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey "Nays": None. ITEM #21 - Ord. #6053-96 - Vacating portion of utility easement lying on Lots 3, 4, & 13, Pinellas Groves, SW¼ Sec.1-29-15 (City, V96-06) The City Attorney presented Ordinance #6053-96 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #6053-96 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey "Nays": None. ITEM #22 - Ord. #6054-96 - reducing the easement granted by City of Clearwater Ordinance 116 to the successor of the Tampa & Gulf Coast Railroad, CSX Transportation Incorporated The City Attorney presented Ordinance #6054-96 for second reading and read it by title only. Commissioner Seel moved to pass and adopt Ordinance #6054-96 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey "Nays": None. ITEM #23 - Ord. #6056-96 - Amending the Operating Budget for Fiscal Year ending 09/30/96 The City Attorney presented Ordinance #6056-96 for second reading and read it by title only. Commissioner Hooper moved to pass and adopt Ordinance #6056-96 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey "Nays": None. ITEM #24 - Ord. #6057-96 - Amending the CIP Report and Budget for Fiscal Year ending 09/30/96 The City Attorney presented Ordinance #6057-96 for second reading and read it by title only. Commissioner Clark moved to pass and adopt Ordinance #6057-96 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey "Nays": None. ITEM #25 - Ord. #6058-96 - Relating to registration of lobbyists, Amending Sec. 2.700 to revise definitions of boards and lobbying; Amending Sec. 2.701 to add two-day grace period to registration requirements The City Attorney presented Ordinance #6058-96 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #6058-96 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey "Nays": None. ITEM #26 - Ord. #6061-96 - Deleting Subsection (3) of Sec. 22.83 relating to special events to allow special events on holiday weekends on city beaches The City Attorney presented Ordinance #6061-96 for second reading and read it by title only. Commissioner Hooper moved to pass and adopt Ordinance #6061-96 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey "Nays": None. CITY MANAGER REPORTS CONSENT AGENDA (Items #27-54) - Approved as submitted ITEM #27 - Purchase a rescue unit for Fire Dept., from Saulsbury Fire Equipment, Inc., Tully, NY, for $334,965 (FD) ITEM #28 - Reappoint Myron Ahrens & Rick Stucker as Trustees of The Clearwater Firefighters Supplemental Trust Fund (FD) ITEM #29 - Request for authority to pay Charles Kimball, Claimant, Workers’ Compensation Benefits for wage loss from 07/14/89 -03/24/96, for $139,000 (FN) ITEM #30 - Request for authority to pay Michael Szuba, Claimant, $61,250 as full, final, and complete settlement of all indemnity and medical benefits and attorney fees arising out of pending workers’ compensation claim, and release the City from any and all future workers’ compensation obligations to Claimant (FN) ITEM #31 - Ratify payment of $153,985 from the Central Insurance Fund made 11/15/95 to cover 2 checks written by Gallagher Bassett Services, Inc., on the City bank account it maintains for payment of workers’ compensation claims, for payment of benefits to Claimant, Judi Acker, after an adverse decision of the First District Court of Appeals was upheld by the Florida Supreme Court, and approve payment of $65,000 in settlement of the claim by Claimant’s attorney for an attorney fee for representing the Claimant (FN) ITEM #32 - Legal Service Agreements with: Akerman, Senterfitt & Eidson, Orlando, FL (environmental); Miller, Balis & O’Neil, Washington, D.C. (federal regulatory); William J. Peebles, P.A., Tallahassee, FL (Florida regulatory); and Figurski & Harrill, New Port Richey, FL (Pasco), providing specialized counsel to the Clearwater Gas System, approve increased funding of $10,000, and provide for City Manager approval to extend subsequent annual year contracts with these firms (GAS) ITEM #33 - Purchase underground propane tanks from American Welding and Tank, Camp Hill, PA, for an estimated $43,416 (GAS) ITEM #34 - Interlocal Agreement with Hillsborough County Sheriff’s Office to provide radio transmission back-up support in the event either party loses its capabilities due to natural disaster (GS) ITEM #35 - Contract for design & installation of a motor vehicle fumes exhaust extraction system in the Fleet Maintenance garage to Tack and Warren Service, Clearwater, FL, for $59,819 (GS) ITEM #36 - Ratify & Confirm emergency purchase of audio & related equipment from Encore Broadcast Equipment Sales at a cost of $3,511 to be used in the MSB television studio (IM) ITEM #37 - Contract to Pinellas County Sheriff to provide latent fingerprint examination & related services, as well as crime scene services, including evidence & property storage, to the Police Dept., for the period 01/01/97 -12/31/97, for $343,855.50 (PD) ITEM #38 - Lease Agreement with Bohunt, Lessor, for premises located at 1453 S. Greenwood Ave., Space B, Clearwater, FL, for the period 07/01/96 -06/30/97, at rental of $3,000 payable to Lessor, which is maximum sum due for all services to be rendered during term of lease (re South Clearwater Police Mini-Station) (PD) ITEM #39 - (Cont'd from 06/20/96) Contract for holiday decorating services to Clark Sales Display, Inc., for the period 12/01/96- 01/15/01, for $70,200 (PR) ITEM #40 - Contract through Purchase Order for removal of Brazilian Pepper at Cooper’s Point to Stan Cisilski, Inc., St. Petersburg, FL, for $66,700 (EN) ITEM #41 - Implement Phase I of Utility Rate Study with Engineer of Record, Post, Buckley, Schuh & Jernigan, for $97,526 (EN) ITEM #42 - License Agreement for vehicular parking over a 15x90’ portion of city-owned real property, Sec. 16-29-16, M&B 22.32 to William E. & Marilyn M. Rowe, as consideration & in exchange for their conveyance by Special Warranty Deed of a 20x75’ portion of real property, Sec. 16-29-16, M&B 22.27, with estimated documentary & recording fees of $45 (EN) ITEM #43 - Non-Exclusive License Agreement for vehicular parking of indeterminate duration with The Kimberly Home, Inc., Bassadena Sub., Blk D, Lots 1-3, in consideration of maintaining the property & complying with all covenants & conditions therein, subject to termination upon notice at any time, with estimated expenses of $350 (EN) ITEM #44 - Contract renewal for sludge hauling & disposal for the WPC Division, with Davis Water & Waste Industries, Inc., for the period 08/01/96 -07/31/97, for an estimated $306,699 (EN) ITEM #45 - Contract for Magnolia Drive Dock Replacement to Seaway Marine Contractors, Inc., St. Petersburg, FL, for $119,830.62 (EN) ITEM #46 - Contract for City Wide Fueling System located at the Solid Waste Complex to Nichols Industries, Inc., Niceville, FL, for $144,150 (EN) ITEM #47 - Interlocal Agreement with Largo & St. Petersburg to provide back-up solid waste support with staff & equipment as needed effective 10/01/96; authorize City Manager to extend the agreement annually as appropriate (SW) ITEM #48 - Extend contract for purchase of approximately 1,600 - 90 gallon refuse containers & misc. spare parts from Rotonics Manufacturing, Inc., Bartow, FL, at an estimated $111,700 (SW) ITEM #49 - Receipt/Referral - ordinance for amendment to Clearwater Comprehensive Plan related to Public Education Facility Siting Act (CP) ITEM #50 - Utility Maintenance Easement - N & W side of Frontier Elementary School (Pinellas County School Board) (CA) ITEM #51 - Water Main Easement - Sever Park, Lot 4 (South Gate Mobile Home Park) (CA) ITEM #52 - Sanitary Sewer Easement - Oak Heights Park, Lot 12 (Smith) (CA) ITEM #53 - Letter of Understanding with FDOT re Project Development and Environment Study re SR60 Memorial Causeway Bridge (CA) ITEM #54 - Chamber’s request to approve road closures for the Morton Plant Hospital Bayside Bridge Boogie to be held on 10/12/96, 4:00 a.m. to 12:00 p.m. (access roads & Bayside Bridge, from Drew St. to Roosevelt Blvd.) Commissioner Clark 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. OTHER ITEMS ON CITY MANAGER REPORT The Commission recessed from 7:49 to 8:10 p.m. ITEM #55 - Res. #96-49 - naming City property located at 801 Bayshore Blvd. as “Cooper’s Bayou Park” as recommended by the Parks & Recreation Board (PR) Development of the park at 801 Bayshore Boulevard as a passive park with water retention facilities is nearing completion. Two "Proposals for Park Name" forms were received: 1) Daniel Grimmer recommended "Cooper's Bayou Park" and 2) Commissioner J.B. Johnson recommended "Urschel Park." Resolution #94-12 specifies the Parks & Recreation Board will conduct an advertised public hearing to consider park name recommendations at a regular meeting. On June 24, 1996, the public hearing was held and the Parks & Recreation Board recommended the City Commission name the park "Cooper's Bayou Park," by a 3-2 vote. Commissioner Johnson moved to approve the Parks & Recreation Board's recommendation to name the City park property at 801 Bayshore Boulevard "Cooper's Bayou Park." The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #96-49 and read it by title only. Commissioner Johnson moved to pass and adopt Resolution #96-49 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey "Nays": None. a) Grand Opening Date - The date will be scheduled at a later date. ITEM #56 - (Cont'd from 06/20/96) Recommend deny request from Clearwater Bombers for continuation of grant program whereby the City would contribute $1 to the Bombers for every $10 in cash or in specific in-kind services the Bombers receive as donations from the private sector up to a maximum City contribution of $10,000 during FY 1995/96 (PR) As outlined in Parks & Recreation Department Director Ream Wilson's May 30, 1996, memorandum, the City has contributed cash, in-kind services, and grant dollars to the Clearwater Bombers over the past years. In his April 25, 1996, letter, Bruce Kaufmann, Chair of the Board of the Clearwater Bombers, Inc., requested a grant payment of $2,407 from the City in recognition of the Bombers raising $24,069 from the private sector. Mr. Kaufmann was informed the previous 10:1 matching grant program, approved by the City Commission on May 18, 1995, expired at the end of FY 1994/95. The FY 1995/96 operating budget included a $10,000 flat contribution to the Bombers which was conveyed on October 6, 1995. The current year's budget does not include funds for the matching grant program. If approved, a budget amendment will be needed. Staff recommends denial of the Bombers' request to continue the matching grant program. Referring to staff comments that the City normally does not assist sports teams, Mr. Kaufmann said the Clearwater Bombers is the flagship of the City's sports program. The team is making progress on their fund-raising activities. He distributed the Bombers' 1996 yearbook which he described as a tribute to Clearwater. He requested the City continue their support for a short time to allow the team to become self-supporting. With the assistance of the City Manager, the team is bidding for tournaments. The City does pay for the stadium and field but not for their umpires. The City Manager noted the City did contribute $10,000 this fiscal year to the Bombers. In answer to a question, Mr. Kaufmann said in the past, the team qualifying for an additional $10,000 grant was based on outside contributions. He noted this request was made in April. Commissioner Johnson moved to deny the request from the Clearwater Bombers for the continuation of the grant program whereby the City would contribute one dollar to the Bombers for every ten dollars in cash or in specific in-kind services the bombers receive as donations from the private sector up to a maximum City contribution of $10,000 during FY 1995/96. The motion was duly seconded. Commissioner Hooper indicated he learned about Clearwater through the Bombers and said he supports softball. He noted earlier in the meeting, the City Commission had turned down some social service agencies' requests for causes that may be more worthy of funding. He supported the motion "with a heavy heart." Mr. Kaufmann said this week's Tampa Bay Buccaneers/Clearwater Bombers charity event will raise $20,000 for charity. He said the contribution will help the team advertise Clearwater. He noted the team also raised money for a sick boy in Illinois. He said the team is trying to promote other charities and is asking for a little help for a short period of time. He felt it would be premature to cancel this program. The Mayor spoke positively of her introduction to the community through the Bombers. She said this is the wrong time of year to ask for funding and noted the City Commission was unable to find money to support the symphony. Commissioner Seel agreed. She recommended the team make their request at budget time. She pointed out the City maintains the stadium. Upon the vote being taken, the motion carried unanimously. ITEM #57 - Contract for Landmark Drive Extension to MTM Contractors, Inc., St. Petersburg, FL, for $1,056,130.80 (EN) This project extends Landmark Drive South of Enterprise Road to Marlo Boulevard. The roadway will be a standard three-lane facility with curb at the Enterprise Road intersection. After the extension crosses Mullet Creek, the roadway will taper to a two-lane section without curbs. Regulatory permits require constructing stormwater treatment and wetlands mitigation areas which will be placed on City property South of Mullet Creek, adjacent to the East Landmark Drive right-of-way. No connection is being made to Saber Drive. When the Parks & Recreation Department establishes a location for an entry road into Lake Chautauqua Park from the Landmark Drive right-of-way, consideration will be given to a change order to this contract to extend Landmark Drive to the entrance location. The 180 calendar day project is expected to begin on August 15, 1996. Engineering Director Rich Baier noted acquisition of additional right-of-way from the Vogels will allow the City to center the Landmark Drive extension. A sidewalk will be installed West of the road. A supplemental change order would be required to install sidewalk on both sides. The road is designed to be an inverted crown. Neighborhood meetings will be held regarding how to vacate the ends of Parkstream and Saber while maintaining pedestrian access. The City Clerk reported ballots were sent to each property owner within the Shady Oaks Farms Subdivision (AKA Country Villas South) to determine if the West end of Marlo Boulevard should be connected to the Landmark Drive extension. The City Clerk reported 105 ballots were sent with 90 returned and 86 counted as 4 ballots were returned after the deadline. Resident preference was to not connect Marlo Boulevard with the extension. The neighborhood will be balloted again six months after the extension is completed. Commissioner Seel questioned when it would be appropriate to vacate the end of Parkstream. The Mayor recommended not rushing into the vacation as the City may need to change its mind. Commissioner Clark questioned the safety of the roadway's inverted crown design. Mr. Baier did not think safety would be a concern. Commissioner Johnson thanked Mr. Baier for his many hours of hard work. Commissioner Johnson moved to approve the award of the Landmark Drive Extension Contract (9604) to MTM Contractors, Inc. of St. Petersburg, FL, in the amount of $1,056,130.80, being the lowest and most responsive bid received in accordance with plans and specifications and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #58 - Memorial Causeway Bridge Design Phase - commit the City to budget a maximum of $3 million for design of new bridge to replace existing MCB at Clearwater Harbor, and authorize staff to negotiate with FDOT and to prepare a draft agreement which will allow FDOT to reimburse the City for funds expended for design & construction of new bridge pursuant to House Bill No. 539, and authorize City Engineer to begin negotiations with HDR Engineering, Inc. to supplement existing professional services agreement with HDR dated 10/21/94 (EN) The City is conducting a PD&E (Project Development and Environment) Study for replacement of the Memorial Causeway Bridge. The project's next phase is design which could commence within the next budget year. During the last Florida Legislative session, a bill passed which allows FDOT (Florida Department of Transportation) to enter into agreements for reimbursement of local funds spent on the State Highway System for projects not funded in FDOT's 5-year Work Program. Legislation limits FDOT's total commitment at any one time to $50-million. Staff recommends the City take advantage of this opportunity by approving design funds in the budget and authorizing City staff to negotiate an agreement with FDOT for future reimbursement. A commitment to budget monies for a least a phase of the new bridge is a prerequisite for FDOT consideration. At this point, the City only would commit to fund the bridge's design; the exact location and type of bridge to be constructed will be determined as a result of the ongoing PD&E Study. Section IX of the existing agreement between the City and HDR Engineering includes provisions that will allow the City to negotiate with the Engineer to perform final design services. The specific scope of services, schedule, and fee shall be negotiated when the City begins design. Mr. Baier said most of the local interest group meetings have been held. The next meeting is schedule for September 26, 1996, at 6:00 p.m. at a downtown location to be announced. He said one design being considered has a round-about on Cleveland Street which would provide downtown access to the bridge and removal of Drew Street by the harbor. Other alignments also are being considered. He presented drawings of underside construction possibilities, optional distances between supports, and views of the bridge. He said nearby roadway improvements will need to occur. He noted the need to shift traffic from Ft. Harrison Avenue to Myrtle Avenue to avoid overburdening the Ft. Harrison Avenue /Chestnut-Court Street intersections. He stressed time is of the essence. No applications for the reimbursement bill have been submitted. Submissions will be made in phases. The City's first submission will be for $3-million. He said the City has taken the necessary steps to qualify for the State reimbursement. Commissioner Seel expressed concern FDOT may disapprove the funding request and questioned when the State would replace the bridge if the City did nothing. Mr. Baier indicated the State could delay bridge replacement for 45 to 50 years. Commissioner Seel questioned if the State would design better plans than the City. Mr. Baier reported the City's contract is with HDR Engineering which serves as the State's quality assurance company reviewing road construction plans. Commissioner Seel questioned if the City could budget the money and negotiate reimbursement with FDOT before beginning negotiations with HDR Engineering. The Mayor noted staff must come back to the City Commission for contract approval. Commissioner Seel expressed concern regarding the project's funding, noting the project has grown considerably. Mr. Baier said if the City exhibits any lack of commitment, FDOT will receive this proposal in that light. He has worked with FDOT and reported the agency has reacted favorably to the project. He could not estimate the City's chance for success at winning reimbursement. The City will be the first applicant. Mr. Baier noted the City Commission will not be required to approve the HDR contract. He said the City will be in the best position to receive funding for the bridge's replacement if the plans are ready. Commissioner Seel expressed concern the bridge replacement project may cost between $20-million and $40-million and may not be worth the higher estimate. Mr. Baier said he truly believes the bridge needs to be replaced. Staff is doing everything necessary to obtain FDOT reimbursement or receive up-front funding. The Mayor said she was concerned with projected costs but recommended going forward with this step. Commissioner Johnson, noting the project is substantial, suggested the City hire someone to lend cheerleading efforts to attracting funding. Mr. Baier agreed that may be worthwhile as the project will act as a catalyst for downtown. Commissioner Seel questioned if staff will have additional information regarding the probability of FDOT reimbursement by the time negotiations with HDR are complete. Mr. Baier said that is the case. He indicated a move is underfoot to remove the $50-million cap. The Mayor noted FDOT reimbursement of the bridge's design would indicate a strong commitment to the total project. Commissioner Clark noted the preliminary range of costs to replace the bridge is between $26-million and $37-million. Mr. Baier said those costs include roadway improvements to Ft. Harrison Avenue and mainland corridors approaching the bridge. The original estimate in the low $20-million range is close to the current estimate of $15-million to $24-million. Additional costs cover architecture expenses and land design upgrades. Commissioner Clark questioned if the bridge has the highest traffic counts of all bascule bridges on Florida' s West coast. Mr. Baier said that is the case. FDOT has not confirmed if that is also true regarding bridges on Florida's East coast. Commissioner Seel questioned when the project will be included in the MPO (Metropolitan Planning Organization) plan. Commissioner Clark said the MPO is moving forward rapidly to include it. Mr. Baier reported staff has presented the MPO with a project overview and is working to get the project on MPO's list. He stated the project does not have to be on the MPO list to qualify for FDOT reimbursement Commissioner Hooper questioned the cost of a Cleveland Street approach. Mr. Baier estimated that alignment would cost in the low- to mid-$40-million range. He expressed concern that alignment would foster an arterial leg through downtown which would not be congruent with the desired pedestrian atmosphere. Commissioner Seel reserved her right to object to the project when the HDR contract comes forward. Commissioner Clark moved to commit the City to budget a maximum of $3-million for the design of a new bridge to replace the existing Memorial Causeway Bridge and Clearwater Harbor and authorize City staff to negotiate with FDOT and to prepare a draft agreement which will allow FDOT to reimburse the City for funds expended for design and construction of a new bridge pursuant to House Bill #539 and to authorize the City Engineer to begin negotiations with HDR Engineering, Inc. to supplement the existing professional services agreement with HDR Engineering, Inc. dated October 21, 1994. The motion was duly seconded and carried unanimously. ITEM #59 - First Reading Ord. #6059-96 - abolishing permitting of private hauling companies to provide roll-off service in Clearwater; establishing Clearwater Solid Waste Department as roll-off service provider effective 10/01/96; amending schedule of fees, rates & charges to provide Sec. XXIX for Solid Waste Dept. rates; establishing rates for roll-off service in Clearwater (SW) Previously, Clearwater did not choose to provide roll-off service. City practice was to accept applications and issue permits to private hauling companies authorizing them to provide roll-off service in the City if they agreed to pay a 15% surcharge on the total amount billed. A survey of roll-off containers indicated an average of 70 compactors and 100 open-top containers are in the City. In January 1996, CSW (Clearwater Solid Waste Department) recommended and the City Commission approved providing all roll-off service in Clearwater and authorized the purchase of two roll-off trucks. The City Commission previously had directed CSW to operate as a business and seek customers wherever it could. CSW notified permit holding private hauling companies that the permits expire September 30, 1996, and no new permits would be issued. CSW received the first two roll-off trucks. The two additional trucks and drivers needed to service all containers are included in the FY 1996/97 budget recommendation. An Interlocal Agreement with St. Petersburg and Largo was approved for mutual support for solid waste operations. The agreement will be valuable for both roll-off back-up support and debris clearance in time of emergency. The Interlocal Agreement is currently being presented to the City Commission for approval. The ordinance abolishes the permitting procedure for the provision of roll-off service by private hauling companies, establishes the procedures for the provision of roll-off service by CSW, amends Appendix A, Schedule of Fees, Rates, and Charges of the Code of Ordinances to establish charges for roll-off services in Clearwater and creates section XXIX as a separate section for solid waste system rates. Commissioner Seel noted she had requested profit and loss projections for the next three years. Solid Waste Director Bob Brumback anticipated the program would begin earning profits during the second year. In answer to a question, he said the interfund charges in the pro-forma are listed under pull charges. He said the City began providing this service when they received their trucks in June 1996. The City Commission had approved the truck purchase in January 1996. Commissioner Johnson expressed concern this project will take business away from private enterprise. In answer to a question, Mr. Brumback said the City could compete with private enterprise by marketing the service. Regarding salaries, Mr. Brumback indicated those listed are not for a whole fiscal year. The City Manager indicated the workers would qualify for the City's full benefit package. Commissioner Johnson questioned when the City would make a profit of $180,000 which is what the City now receives from private enterprises who provide this service locally. Mr. Brumback said the first year's profits will be reinvested into the program to purchase containers. He said the program eventually will generate considerable revenue for the City. He stated Clearwater Solid Waste is a unified utility that has to invest its assets into the program. Revenues from the program will keep rates down. Commissioner Johnson noted talk regarding privatization and said the more the City does, the less likely privatization will be realized. In answer to a question, Mr. Brumback estimated roll-off permitting revenues have remained steady for the past two years. In response to a question, Mr. Brumback said Largo's program is exclusive but St. Petersburg permits a few companies to continue providing the service. Mr. Brumback did not know of other local municipalities that offer roll-off service. Commissioner Clark said he is not comfortable reaching a decision regarding this issue until he receives additional information. The City Manager requested the City Commission advise staff regarding additional questions. Commissioner Clark moved to continue Item #59 to August 1, 1996. The motion was duly seconded and carried unanimously. ITEM #60 - Contract for Stevenson’s Creek Channel Improvements - Phase II to Kamminga & Roodvoets, Inc., Tampa, FL, for $3,780,610 (EN) This project is Phase II of improvements to Stevenson's Creek to provide stormwater flow enhancements from the southerly termination of Phase I improvements at Pierce Street to the Jeffords Street and Hillcrest Avenue intersection. Project designers, CDM (Camp, Dresser and McKee, Inc.), have worked with area residents, the Chi Chi Rodriguez Youth Foundation for Glen Oaks Golf Course, and regulatory agencies to provide an environmentally acceptable project that enhances stormwater flow and reduces area flooding problems. New culvert roadway crossings will be constructed at Hillcrest Avenue and Pierce, Franklin, and Jeffords Streets. Additional culverts will be installed at Court Street and Druid Road. Settlement material will be removed from Lynn Lake. Gabion systems will be installed on either creek bank from Lynn Lake to the new settlement area on Jeffords street. Two settlement removal/creek access areas are on City property purchased for this purpose: 1) north side of Jeffords Street West of Hillcrest Avenue and 2) the southeast corner of the creek and Druid Road. As required by regulatory permits, the project will be constructed in mini-phases: 1) Pierce Street to Franklin Street; 2) Franklin Street to Court Street; 3) Court Street to Druid Road; 4) Druid Road to Jeffords Street; and 5) Jeffords Street to the Hillcrest Avenue intersection. The 375 day project will start about August 1, 1996. Using a map, Mr. Baier reviewed the project. He indicated the City needs some easements to place gabions. Culverts do not need to be larger downstream because of the channel's slope and water friction. The project will result in a decrease in flooding from 25-year storms and the City will be able to approach FEMA to lower insurance rates for the flood prone areas. The project is considered "soft" and will allow some water storage. The project is estimated to cost a little more than $4-million. The Mayor said the project is very necessary for the neighborhoods. Commissioner Hooper questioned the condition of the creek North of these improvements. Mr. Baier said the project is part of the pond connection program where weirs have been installed at certain locations to hold back water to an acceptable rate. All work has been completed at Clearwater Country Club. Commissioner Clark moved to award a contract for the Stevenson's Creek Channel Improvements - Phase II (95-9) to Kamminga & Roodvoets, Inc., of Tampa, FL, for $3,780,610 which is the lowest responsive bid received in accordance with the plans and specifications, and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #61 - Professional Services Agreement with Camp Dresser & McKee, Inc., for review of Shop Drawing Submittals for Stevenson’s Creek Channel Improvement Contract, for $35,000 (EN) The proposed Professional Services Agreement with CDM (Camp, Dress & McKee, Inc.) is to provide Shop Drawing Review for proposed structural improvements for the Stevenson's Creek Channel Improvement Contract. In agenda item #62, PBS&J (Post, Buckley, Schuh and Jernigan, Inc.) is proposed for Construction Contract Management of the project. PBS&J has requested that CDM, the original engineer of record, be the reviewer of shop drawings for major structural elements to be constructed as part of overall Stevenson's Creek improvements. Major structural improvements are major roadway culverts, culvert additions at Druid Road, and Pierce, Franklin and Court Streets, associated appurtenances, and gabion structures along Jeffords Street. Contract documents call for concrete culvert fabricators to design the principal structural elements of each culvert. CDM will review the shop drawings to ensure the culvert installations meet structural and regulatory requirements called for in the original design. This work will be coordinated with the City and PBS&J on an hourly basis with costs not to exceed $35,000. Commissioner Hooper moved to approve Professional Services Agreement with Camp, Dresser & McKee, Inc. for Review of Shop Drawing Submittals for the Stevenson's Creek Channel Improvement Contract 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 #62 - Authorize continuing Consultant Services Work Order to Post, Buckley, Schuh & Jernigan, Inc., for Construction Contract Management of Stevenson’s Creek Channel Improvement Contract, for $327,003 (EN) The proposed Work Order Approval provides that PBS&J (Post, Buckley, Schuh and Jernigan, Inc.) provides full-time Construction Contract Management for the proposed Phase II of stormwater flow enhancements along Stevenson's Creek from the southerly termination of Phase I improvements at Pierce Street to the Jeffords Street and Hillcrest Avenue intersection. PBS&J will provide: 1) Construction Observation for quality control and regulatory compliances; 2) traffic controls systems observation; 3) coordination of citizen inquiry and involvement; 4) field engineering changes as necessary; 5) materials testing; 6) construction records; 7) payment measurements and processing; 8) record drawings; and 9) compliance certifications required by permit agencies. Engineering Services Division Survey Crews will perform surveying layout and as-built records data acquisition. As required by regulatory permits, the project will be constructed in mini-phases: 1) Pierce Street to Franklin Street; 2) Franklin Street to Court Street; 3) Court Street to Druid Road; 4) Druid Road to Jeffords Street; and 5) Jeffords Street to the Hillcrest Avenue intersection. The 375 day project will start about August 1, 1996. Commissioner Johnson moved to authorize continuing Consultant Services Work Order to Post, Buckley, Schuh and Jernigan, Inc. for Construction Contract Management of the Stevenson's Creek Channel Improvement Contract in the amount of $327,003 and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #63 - Approve amendments to Sec. 21.11 of Code related to disorderly conduct and loitering; First Reading Ord. #6060-96 - Repealing Sec. 21.11(e), to prohibit the obstruction of public places (PD) Section 316,,2045, Florida Statutes (1995), prohibits persons from obstructing public streets, highways, and roads, but does not prohibit a person from obstructing other public places such as sidewalks. Police officers have prevented individuals from obstructing sidewalks by citing individuals under Section 21.11, Code of Ordinances, which prohibits anyone from standing on a City street, hindering or unreasonably obstructing the free passage of pedestrians or vehicles. Recently, a person who had been issued a citation by Clearwater Police for congregating with a crowd on a sidewalk next to Mandalay Avenue was found not guilty by a county court judge. The officer had observed pedestrians walking in the street to pass this person after the person previously had been warned not to obstruct the sidewalk. The judge reasoned the defendant did not obstruct unreasonably the free passage of pedestrians because they were able to walk around the defendant. The amendments are intended to prevent a county court judge from interpreting the City's ordinance in such a manner again and will strengthen the ordinance against an attack by someone challenging the ordinance on First Amendment grounds to assemble freely in a public place. Commissioner Johnson moved to approve amendments to Section 21.11, Code of Ordinances, relating to disorderly conduct and loitering. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6060-96 for first reading and read it by title only. Commissioner Johnson moved to pass Ordinance #6060-96 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey. "Nays": None. ITEM #64 - Penny for Pinellas Project List In Spring 1997, County voters will be asked to approve an extension of the "Penny for Pinellas" optional infrastructure sales tax for a second 10-year period from 2000 to 2010. According to Pinellas County estimates, the City will receive approximately $101.15-million of proceeds over the 10-year period. Recommended projects reflect the City's needs. Projects total $96.9-million leaving an unallocated reserve of $4.25-million: 1) addition/improvement Fire Training Facility & Upgrade Fire Training Tower - $544,500; 2) extension & repaving fire training ground track - $100,000; 3) Memorial Causeway Bridge replacement - $13-million; 4) Myrtle/Ft. Harrison Avenues widening - $225,000; 5) Druid Road widening - $12-million ; 6) traffic signal mast arm installations - $2-million; 7) intersection improvements - $1.4-million; 8) pedestrian bridges - $400,000; 9) variable traffic message boards - $200,000; 10) Mandalay Avenue streetscape project - $750,000; 11) Gulfview Boulevard streetscape project - $1-million; 12) Baymont Street streetscape project - $200,000; 13) Papaya Street pedestrian mall project - $250,000; 14) land purchase - Magnolia Falls property - $500,000; 15) North Greenwood recreation complex - $2-million; 16) North Greenwood recreation complex pool - $1-million; 17) Ross Norton recreation complex - $2-million; 18) Salls Lake Park - $300,000; 19) Moccasin Lake Nature Park - $200,000; 20) Morningside recreation complex - $2-million; 21) Cliff Stephens Park - $220,000; 22) Forest Run Park restroom facilities - $100,000; 23) Marshall Street Park - $100,000; 24) Woodgate Park improvements - $150,000; 25) SR 60 corridor beautification project - $250,000; 26) recreation trails - $1.5-million; 27) athletic practice field - $300,000; 28) McKay Playfield renovations - $150,000; 29) Lake Chautauqua Park North - $400,000; 30) Lake Chautauqua Park South - $180,000; 31) renovation of existing recreation centers - $500,000; 32) North Clearwater nature park - $300,000; 33) infrastructure facility for Parks & Recreation facilities & nursery - $2.5-million; 34) Main Library - $12-million; 35) library branch expansion - $1.5-million; 36) North Greenwood Branch Library - $800,000; 37) new fishing/public access piers - $580,500; 38) City-wide geographic information system - $1.5-million; 39) Memorial Causeway Civic Center - $7.3-million; 40) Kapok recreation & stormwater retention area - $11-million; 41) stream channel protection - $4-million; 42) downtown storm outfall pipe - $1.5-million; 43) Harbor Bluff waterfront park - $2-million; 44) economic redevelopment & environmental assessment & abatement - $5-million; 45) Long Center - $1-million; and 46) Ruth Eckerd Hall - $2-million. Commissioner Johnson questioned if this would end discussion of Penny for Pinellas projects. The City Manager said these projects are reviewed every year with the CIP (Capital Improvement Plan). This list will be submitted to the County. Commissioner Clark questioned if many communities had made plans for the process to educate the electorate regarding the tax's importance. The City Manager said during preliminary meetings, there were many discussions regarding a cooperative effort. She did not know if anything has resulted from these discussions. A resolution regarding this issue will be addressed on August 1, 1996. Commissioner Hooper moved to approve the Penny for Pinellas 1% optional infrastructure sales tax project list. The motion was duly seconded and carried unanimously. ITEM #65 - Res. #96-50 - delegating authority to the City Manager for approval of grant applications (CM) In some instances, the City applies for grants that require the applicant's governing body to officially approve the applications. The time between the grant announcement and submission deadline is often so short as to preclude any official City Commission action. To better take advantage of grant opportunities, staff recommends the City Commission delegate authority to the City Manager to approve grant applications. If approved, this procedure will complement established grant management procedures published in the City's Grant System Procedures Manual, June 1992, which established in-house requirements and controls over grant applications and grant fund processing. Requirements, which correspond with requirements delineated in grant guidelines from various funding agencies, cover payment processing, fixed asset accounting, local match budgeting, and audits. Commissioner Johnson moved to delegate authority to the City Manager for approval of applications for grants. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #96-50 and read it by title only. Commissioner Clark moved to pass and adopt Resolution #96-50 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Seel and Garvey "Nays": None. ITEM #66 - Community Relations Board - 1 appointment (CLK) Commissioner Hooper moved to appoint Thomas W. Fry. The motion was duly seconded and carried unanimously. ITEM #67 - Marine Advisory Board - 2 appointments (CLK) Commissioner Johnson moved to reappoint Donald McFarland. The motion was duly seconded and carried unanimously. Commissioner Johnson moved to appoint David Smith. The motion was duly seconded and carried unanimously. ITEM #68 - Parks and Recreation Board - 1 appointment (CLK) Commissioner Hooper moved to reappoint Donald Harris. The motion was duly seconded and carried unanimously. ITEM #69 - Other Pending Matters - None. CITY ATTORNEY REPORTS ITEM #70 - Resolutions a) Res. #96-47 - Abatement Lien - 630 Drew St., Jones’ Sub. of Nicholson’s, Blk 7, Lots 1-3 and part of vacant alley (Schoeller / Daniel) The City Attorney pulled this item from the agenda. ITEM #71 - Other City Attorney Items - None. ITEM #72 - City Manager Verbal Reports Commissioners Johnson, Seel and Hooper indicated they were interested in attending this year's National League of Cities conference. Reservations will be made for three Commissioners and a staff member. ITEM #73 - Other Commission Action Commissioner Hooper commended Deputy City Manager Kathy Rice for receiving the Picot B. Floyd Public Service Leadership Award. Commissioner Hooper referred to beach streetscape plans and hoped they would be constructed soon. Commissioner Hooper regretted no clergy member was present tonight to offer the invocation. He hoped people remembered those who perished in the crash of TWA Flight 800 and their families. Commissioner Johnson felt City Commissioners can lead the prayer. The Mayor indicated some are uncomfortable doing that. Commissioner Clark said he would be willing to offer the invocation in the future. Commissioner Clark thanked Bill Stephan for his service as Chair of the Marine Advisory Board. Commissioner Clark said he voted reluctantly for the Penny for Pinellas projects. He challenged Ruth Eckerd Hall to make their facility more accessible to a larger segment of the community. ITEM #74 - Adjournment The meeting adjourned at 9:40 p.m.