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06/18/1998CITY COMMISSION MEETING CITY OF CLEARWATER June 18, 1998 Present: Rita Garvey Mayor/Commissioner Ed Hooper Vice-Mayor/Commissioner J. B. Johnson Commissioner Robert Clark Commissioner Karen Seel Commissioner Michael J. Roberto City Manager Richard L. Hedrick Deputy City Manager Bob Keller Assistant City Manager Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Brenda Moses Board Reporter The Mayor called the meeting to order at 6:01 p.m. at City Hall. The invocation was offered by Commissioner Clark. 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 - None. ITEM #4 - Introductions and Awards Proclamation: Recreation & Parks Month - July 1998 ITEM #5 - Presentations a) Legislative Report - Representatives John Morroni & Larry Crow State Representative Larry Crow gave an overview of the 1998 legislative session. He said the session was punctuated by the largest budget in Florida history. Under the leadership of Senator Sullivan, priority was given to education. Adequate funding was provided to keep offenders in jail for a minimum of 85% of sentences. The Jimmy Wright Act was passed regarding continued sentences for convicted sexual predators. Tort reform and the Everglades bill were vetoed by the Governor, but will be addressed at the next session. He asked everyone to write the Governor, and Cabinet urging them to vote against Orimulsion. Legislation regarding annexation of enclaves passed. Other positives for Clearwater include continuation of the Brownfields Redevelopment Act, and USF’s plans for a facility in Greenwood. The law was tweaked regarding the designation of the Community Redevelopment Act. Appropriation will enable a one-stop job center in Greenwood. The initiative to drop or severely limit QTI (Qualified Target Industry) funding was stopped. Representative Jones’ bill passed providing a continuous funding source for beach renourishment. He hopes Clearwater will approve plans to go forward with the new Memorial Causeway Bridge. Representative John Morroni said it has been a pleasure to serve the citizens of Clearwater and looks forward to serving another term. He said the Pinellas County Delegation comprised of both Republicans and Democrats work well together to take care of their communities. A budget without any new taxes was passed, allowing money left over to be put into a “rainy day” fund. More dollars were received for transportation, education, and criminal justice. One of the biggest controversies is the water issue, which although seems to be settled in this area, will require continuous monitoring. The Local Sources First bill passed and would have impacted Pinellas County had the “water wars” agreement not been reached. A bill also passed making it mandatory to inform communities when a sexual predator moves into their neighborhood. The Governor signed a bill for an August sales tax holiday but vetoed the Police and Firefighters pension bill. Clarification of the Sunshine Law failed and is expected to be one of the top priorities at the next legislative session. ITEM #6 - Approval of Minutes Commissioner Hooper requested the last paragraph, 4 lines from the bottom of page 7 read ...”new development may not go above 42 feet...”, and Commissioner Clark’s name be deleted from line 1 of the first sentence on page 10. Commissioner Johnson moved to approve the minutes of the regular meeting of June 4, 1998, as corrected. The motion was duly seconded and carried unanimously. ITEM #7 - Citizens to be heard re items not on the Agenda Gary Benjamin requested the Commission consider approval of: 1) update of the Clearwater Airpark Master Plan for $50,000; and 2) discontinuance of occupancy of the Airpark property by the Public Works Department. John Hayes requested the Commission consider moving City Hall to the current Library site, and relocating the new bridge entrance on Cleveland Street. Frank Ott suggested a monorail to the beach to solve traffic congestion. PUBLIC HEARINGS ITEM #8 - Public Hearing & First Reading Ords. #6292-98 & #6293-98 - Annexation & RS-4 Zoning for property located at 1818 Brentwood Dr., Lake Lela Manor, 1st Addition, Lot 7 (R. Brenton Howie, A98-17) This application involves the annexation of a single family residential property in order to obtain sanitary sewer service. A sewer line is available in front of the property in Brentwood Drive right-of-way to provide the needed service. Assessed value of the property is $112,500. The Planning and Zoning Board held a public hearing on this application June 2, 1998, after which they unanimously endorsed the proposed Annexation and Zoning Atlas Amendment to Single Family Residential “Four” (RS-4) to the City Commission. Commissioner Hooper moved to approve the Petition for Annexation and Zoning Atlas Amendment to Single Family Residential “Four” (RS-4) for Lot 7, Lake Lela Manor, first Addition. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance 6292-98 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance 6292-98 on first reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Clark, Hooper, Seel, and Garvey “Nays”: None. The City Attorney presented Ordinance 6293-98 for first reading and read it by title only. Commissioner Hooper moved to pass Ordinance 6293-98 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 #9 - Public Hearing & First Reading Ords. #6294-98 & #6295-98 - Annexation & OL Zoning for property located at 2715 SR580, Acker’s Sub., Blk 1, Lots 3, 4, & 15 (M. K. Real Estate Investment, Inc., A98-18) The application involves the annexation of a residential/office general property in order to obtain sanitary sewer service. A sewer line is available in Allen Avenue right-of-way to provide the needed service. Assessed value of the property is $116,800. The Engineering Department recommends annexing the abutting right-of-way of State Road 580 along with this request. The Planning and Zoning Board held a public hearing on this application on June 2, 1998, after which they unanimously endorsed the proposed Annexation and Zoning Atlas Amendment to Limited Office (OL) to the City Commission. Commissioner Johnson moved to approve the Petition for Annexation and Zoning Atlas Amendment to Limited Office (OL) for Lots 3,4 and 15, Block 1, Acker’s Subdivision. The City Attorney presented Ordinance 6294-98 for first reading and read it by title only. Commissioner Seel moved to pass Ordinance 6294-98 on first reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Clark, Hooper, Seel, and Garvey “Nays”: None. The City Attorney presented Ordinance 6295-98 for first reading and read it by title only. Commissioner Seel moved to pass Ordinance 6295-98 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 #10 - (Cont. at 6/4/98) Public Hearing & First Reading Ords. #6284-98, #6285-98 & #6286-98 - Annexation, MPD Zoning & Land Use Plan Amendment to Residential Medium for property located 1,000 feet east of US19N and north of Allen Creek, Sec. 29-29-16, M&B 22.01 and Sec. 20-29-16, M&B 33.07 (Allen Creek Properties, Inc. / Harbourside Realty Holding Co., A98-16, LUP98-06) This application involves the annexation of 62.11 acres of vacant property, of which 19.57 is wetland, in order to obtain sanitary sewer and water services from the City. Both sewer and water lines are available in front of the property rights-of-way to provide the needed services. The assessed value of the property is $3,095,800. Yearly taxes paid amount to $68,661.13. The applicant proposes to construct 644 apartment units at the subject site after annexation. The Public Works Department is recommending the applicant upgrade and rebuild the sanitary sewer lift station #5 which will serve this property. The ordinance now includes language requiring this upgrade. The Planning and Zoning Board held a public hearing on this application on May 19, 1998, after which they unanimously endorsed the proposed annexation and zoning atlas amendment to Master Planned Development (MPD) and land use plan amendment to Residential Medium. Todd Pressman, Applicant’s representative, gave a brief overview of the project. A full range of amenities is planned with the development of a first rate, 4-story, 644 unit apartment building. In response to a question, Director of Central Permitting Lorenzo Aghemo said the rezoning will allow 18 additional units and flexibility for the development. Commissioner Seel moved to approve the Petition for Annexation and Zoning Atlas Amendment to Master Planned Development (MPD), and Land Use Plan Amendment to Residential Medium for M&B 22-01 in Section 29-29S-16E and M&B 33-07 in Section 20-29S-16E, and also approve the Concept Plan and refer the final Site Plan to the Development Review Committee (DRC) for approval and certification. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance 6284-98 for first reading and read it by title only. Commissioner Johnson moved to pass Ordinance 6284-98 on first reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Clark, Hooper, Seel, and Garvey “Nays”: None The City Attorney presented Ordinance 6286-98 for first reading and read it by title only. Commissioner Seel moved to pass Ordinance 6286-98 on first reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Clark, Hooper, Seel, and Garvey “Nays”: None. The City Attorney presented Ordinance 6285-98 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance 6285-98 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 #11 - (Cont. from 6/4/98) Public Hearing - Find valid public purpose & declare surplus for purpose of conveying title by Warranty Deed to FDOT a parcel of city-owned r-o-w in Sec. 16-28-16 adjacent to existing southerly r-o-w line of SR586, between Landmark Dr. & McMullen Booth Rd. (PW) The FDOT (Florida Department of Transportation) has initiated a project to improve Curlew Road from 69th Street to State Road 584. To facilitate the project, the FDOT has requested the City transfer a portion of right-of-way. Section 2.01(d)(4)(iii) of the City Charter provides that surplus real property may be transferred to another governmental entity for less than appraised value after an advertised public hearing has been held and a finding by the Commission of a valid public purpose for the transfer. In consideration of the City conveying the right-of-way, the FDOT will include in the project, at FDOT expense, construction of a right turn acceleration lane eastbound from Landmark Drive onto Curlew Road. There are no utility accommodations to be made within the subject right-of-way at City expense. Conveyance of the proposed right-of-way will unify State ownership and responsibility for Curlew Road as well as provide a uniform corridor for the roadway along this portion of Clearwater’ s northeasterly corporate limits. This item was continued from the last meeting in order to get more information regarding the pedestrian overpass proposed to be constructed in conjunction with this project. Jim Miller, Director of Real Property Management, Pinellas County School Board, said since the Curlew Creek Elementary School was constructed, the School Board has been trying to ensure pedestrian crossings are as safe as possible for children. With the possibility of this road becoming a 6 lane roadway, approximately 347 students will be affected. In response to questions regarding the possibility of rezoning of the school district, incorporating a different configuration for the overpass, and why the FDOT did not construct an overpass at 580, Mr. Miller said those questions must be answered by the FDOT. The School Board supports this project moving forward. In response to a question, Claudia Steward, Principal of Curlew Creek Elementary School, expressed concern regarding the safety of the children attending the school and supports the overpass project. In response to a question, Mr. Baier said he was unsure of the length of the south down ramp, but the overpass is being designed to comply with ADA (Americans with Disabilities Act) regulations. The importance of child safety was acknowledged, however it was remarked the path of the overpass could be better configured. The City Manager said the FDOT has asked that this project go forward. Funding requirements currently in place will be lost should the project be delayed. Mr. Baier said the FDOT has indicated the reason the overpass cannot be constructed on the western side of Landmark Drive is due to the lack of sufficient right-of-way. A comment was made the Commission should approve this project and rely on the FDOT to address pertinent issues. John LeRoux, Attorney for Bill Baumgard, expressed concern this project is being considered without the benefit of questioning the FDOT. After reviewing the FDOT’s documents, he felt sufficient room exists to construct the overpass adjacent to the park. He offered a copy of the FDOT’s construction plans for Commission review. He said the FDOT’s documentation indicates their decision was driven by monetary concerns, not Mr. Baumgard’s property rights. He requested the property be conveyed with the restriction that improvements adjacent to Mr. Baumgard’s property be made at grade. Mr. Baier said the FDOT documents Mr. LeRoux referred to were earlier documents. Other concerns exist regarding site distance and the impact on the park property. It was requested staff meet with the FDOT to obtain more information regarding the configuration of the overpass. Commissioner Clark moved to approve declaring as surplus for the purpose of conveying title by Warranty Deed to the Florida Department of Transportation (FDOT) a parcel of City-owned right-of-way in Section 16, Township 28 South, Range 16 East adjacent to the existing southerly right-of-way line of State Road 586 (Curlew Road) between Landmark Drive and McMullen Booth Road. The motion was duly seconded and upon the vote being taken, Commissioner Clark and Mayor Garvey voted “Aye”; Commissioners Hooper, Seel and Johnson voted “Nay”. Motion failed. Staff was directed to talk to FDOT and bring this issue back. ITEM #12 - (Cont. from 5/21/98) Variance(s) to Sign Regulations for property (Gateway 2000 Country Store) located at 26034 US19N, Darryl’s Sub., unplatted Lot 1 less road (Danielson, Ltd, SV98-09) The Applicant is requesting 4 variances: 1) a variance of 43.9 square feet to allow 174.4 square feet of attached sign area for the Enterprise Road frontage where a maximum area of 130.5 square feet is permitted; 2) a variance of 20 square feet to allow 161 square feet of attached sign area for the US19 frontage where a maximum area of 141 square feet is permitted; 3) a sign area ratio variance of 0.50 square foot per foot of building width to allow a sign area ratio of 2.00 square feet per foot of width for the Enterprise Road frontage; and 4) a sign area ratio variance of 0.21 square foot per foot of building width to allow a sign area ratio of 1.71 square feet per foot of width for the US19 frontage. Most of the sign area is devoted to a cow hide pattern, not lettering. The area of the lettering is relatively small. The letter on the sign oriented to Enterprise Road is 59.25 square feet in area. The letter on the sign oriented to US19 is 49.5 square feet. This variance application represents an opportunity to improve the appearance of this property as viewed form US19. There is currently no landscaping along the US19 frontage. Approval of the variances with a condition that landscaping be installed along US19 would cure this condition. Approval of these variances as conditioned will not detract from the appearance of the City. In response to a question, Planning Administrator Sandy Glatthorn said the building will mostly be white with a cow pattern sign. Deanna South, Gateway Store Manager, requested the Commission approve the variances. Commissioner Hooper moved to approve the requested variances: 1) a variance of 43.9 square feet to allow 174.4 square feet of attached sign area for the Enterprise Road frontage where a maximum area of 130.5 square feet is permitted; 2) a variance of 20 square feet to allow 161 square feet of attached sign area for the US19 frontage where a maximum area of 141 square feet is permitted; 3) a sign area ratio variance of 0.50 square foot per foot of building width to allow a sign area ratio of 2.00 square feet per foot of width for the Enterprise Road frontage; and 4) a sign area ratio variance of 0.21 square foot per foot of building width to allow a sign area ratio of 1.71 square feet per foot of width for the US19 frontage for Gateway 2000 Country Store located at 26034, subject to the following condition: the applicant shall landscape the front of this property along US19. Prior to the issuance of a sign permit, the applicant shall submit a landscape plan that receives approval by the City landscape architect. Prior to approval of a final inspection for the signs, the landscaping shall be installed in accordance with the approved plan. The motion was duly seconded and carried unanimously. Public Hearing - Second Reading Ordinances ITEM #13 - (Cont. from 6/4/98) Ord. #6273-98 - Land Use Plan Amendment to Resort Facility High for property (proposed Comfort Inn) located at 1941 Edgewater Dr., Sunnydale Sub., Lots 39-41 (Raman Bhula, LUP97-06, Z97-06) Mr. Aghemo said since the last Worksession, a meeting between developers and the neighborhood was held to address some citizen concerns. No concessions were made at that meeting. Fourteen citizens spoke in opposition expressing concern regarding: increased traffic and noise, particularly on Sunnydale Drive; incompatibility of the development with the surrounding residential neighborhood; increased water runoff from the property; residents’ privacy; the height of the building blocking the waterview, and the possibility of setting a precedent regarding commercial sprawl. Two residents spoke in favor remarking that the current motel is in desperate need of improvement. In response to a question, Mr. Aghemo said all residential and commercial redevelopments must conform with FIRM (Federal Insurance Rate Maps). In response to a question, Steven Swanberg of SDS Architects said current zoning allows a maximum height of 42 feet. If this request is approved, a retention pond will be built on the site with a requirement the first 1/2 inch of runoff be retained on site. In response to a question, Ms. Glatthorn said the 2 commercial properties to the south of this property could build to 80 feet. It was remarked a first class hotel will help prevent further erosion of the neighborhood. Concern was expressed regarding over-development of the neighborhood and the proposed site plan. Commissioner Hooper moved to deny the rezoning request. The motion was duly seconded. Upon the vote being taken, Commissioners Hooper, Johnson, Clark, and Seel voted “Aye”; Mayor Garvey voted “Nay”. Motion carried. ITEM #14 - (Cont. from 6/4/98) Ord. #6274-98 - CPD Zoning for property (proposed Comfort Inn) located at 1941 Edgewater Dr., Sunnydale Sub., Lots 39-41 (Raman Bhula, LUP97-06, Z97-06) The City Attorney presented Ordinance 6274-98 on second reading and read it by title only. Commissioner Clark moved to deny Ordinance 6274-98 on second reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Clark, Hooper, Seel, and Garvey “Nays”: None. The meeting recessed from 8:14 to 8:32 p.m. CITY MANAGER REPORTS CONSENT AGENDA (Items #15-33) Approved as submitted. ITEM #15 - Interlocal Agreement with CRA re IMR (CM) ITEM #16 - Approve ranking: 1) Siemon, Larsen & Marsh, 2) Wallace Roberts & Todd, 3) Post, Buckley, Schuh & Jernigan, Inc.; and authorize negotiation of contract for Redevelopment & Revitalization Consultant Services for major areas of the City with Siemon, Larsen & Marsh (CM) ITEM #17 - Approval of Purchases & Declaration of Surplus per 5/28/98 memorandum: One Number Information Systems of Florida d/b/a Sunshine State One Call, extension, gas main & gas line marking service, 8/8/98-8/7/99, est. $41,000 (GAS) Ringhaver Equipment Company, one 1996 Caterpiller CT-60 trailer mounted diesel generator, to be used by Public Services, $18,900 (GS) Don Reid Ford, two 1998 Ford ½ ton pickup trucks, one 1998 Ford ½ ton cargo van and two 1998 Ford ¼ ton pickup trucks, (all replacements), $76,273; funding to be provided under City’s Master Lease-Purchase Agreement ($68,323) and cash ($7,950)(GS) Bill Currie Ford, Inc., four 1999 Ford F-250 3/4 ton pickup trucks, 2 with utility body and 2 cab and chassis only (all replacements), $77,230; funding to be provided under City’s Master Lease-Purchase Agreement (GS) Noland Company, gas materials - misc. galvanized gas pipe & fittings, 6/22/98-9/30/99, est. $83,000 (GAS) Declare surplus to city needs one Phillipsburg/Bell and Howell inserter; authorize disposal through sale to highest bidder ITEM #18 - Purchase of one 1998 Ford Taurus (replacement), Don Reid Ford, $15,860 (CRT) ITEM #19 - Contract with Juvenile Welfare Board of Pinellas County to provide administrative services for a summer youth recreation program for the area north of Ulmerton Road (HU) ITEM #20 - Approve foreclosure of real property located at NW corner S. Greenwood Ave. and Woodlawn St. (HU) ITEM #21 - Contract to sell real property, S15’ of N225’ of E210’ of W420’ of NW ¼ of NW¼ of Sec. 15-29-15, to Clearwater Academy International, Inc., for $7,300 less transaction costs of $400 (PW) ITEM #22 - Agreement for consultant services to Natural Resources Planning Services, Inc., to complete third & final phase of City Street Tree Inventory, and authorize use of City Tree Replacement Fund to fund the City’s $6,200 portion (PW) ITEM #23 - Ratify & confirm C.O.#1 & Final to Joint Project Agreement with Pinellas County for Union Street Widening & Utility Relocation, Soule Road to McMullen Booth Road, decreasing contract by $174,661.33 for new total of $100,738.67 (PW) ITEM #24 - Contract for Sand Key Pump Station #45 Replacement to All American Concrete, Inc., for $838,986 (PW) ITEM #25 - First Amendment to Agreement with SWFWMD, Pinellas County & City of Safety Harbor for development & implementation of a Comprehensive Watershed Management Plan for Alligator Creek Watershed (PW) ITEM #26 - Amendment No. 1 to contract with Parson’s Engineering Science, Inc., for $282,340 to include design & permitting for Alligator Creek Watershed Implementation Projects (PW) ITEM #27 - Amendment to Cooperative Agreement with SWFWMD & Pinellas County, for design & construction of a Watershed Rehabilitation Project at Hercules Avenue & Allen’s Creek (PW) ITEM #28 - Contract for Allen’s Creek Watershed Rehabilitation Project at Hercules Avenue (Planting #9809) to Nautilus Environmental Services, Inc., for $207,668.17 (PW) ITEM #29 - Contract for Allen’s Creek Watershed Rehabilitation Project at Hercules Avenue (Construction #97043) to Dolphin Constructors, Inc., for $1,282,214 (PW) ITEM #30 - Approve Work Order to Post, Buckley, Schuh & Jernigan, Inc., providing construction management services for the Allen’s Creek Watershed Rehabilitation Project at Hercules Avenue, for $132,795 (PW) ITEM #31 - Utility easement for fiber optic cable installation & maintenance - 2nd Addition to Salls Sub., Blk A, part of Lot 9 (Alex and Goldie Sabo)(CA) ITEM #32 - Drainage easement - Oak Acres Addition Unit 3, Blk I, part of Lot 6 (Leslie Stuckey, Jr. and Lynette M. Stuckey)(CA) ITEM #33 - Settlement and Release Agreement re Anne-Marie Cheroke Lindsey as guardian of Paul W. Gilfoyle vs. City (CA) Commissioner Johnson moved to approve the Consent Agenda as submitted and to authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. OTHER ITEMS ON CITY MANAGER REPORT ITEM #34 - Mid-Year Budget (BU) Mid-year amendments reflect the distribution of $172,000 of the $1 M of vision funds, with a total of $572,000 distributed to date. This includes the distribution of $150,00 to the Development Services (Central Permitting) Department to support the long range planning efforts necessary to meet expectations. In addition, vision funds are appropriated to several small programs including the North Greenwood Music Festival and the Pier 60 programming. At mid-year, General Fund revenues are increased by a net of $245,293, which is entirely due to an increase in anticipated property tax revenues of approximately $450,000. These revenues offset other revenue decreases as well as program increases in the several departmental programs including the City Manger’s office, Parks and Recreation, and the Library. At mid-year, the Unappropriated retained earnings of the General Fund remains at approximately $7.9 M which is approximately 10.8% of the amended general Fund budget. The balance above the 10% Commission-approved reserve is approximately $620,000. Budgeted revenues and expenditures for the Water and Sewer Fund are basically as anticipated at mid-year. Operating revenues and expenditures are the same as approved at the first quarter budget review. Mid-year amendments of the Gas Fund reflect an increase of approximately $388,210 in revenues primarily as a result of increases in the sales of PGA gas as well as other minor adjustments. Gas Fund expenditures are increased by approximately $96,690 at mid-year. These program increases are entirely offset by the increase in fund revenues. At mid-year, Gas Fund revenues exceed anticipated expenditures by approximately $780,000. Only minor adjustments are proposed to the Solid Waste Fund at mid-year. At mid-year, Solid Waste Fund revenues equal anticipated expenditures and are still in line with the expectations of the original approved budget. Mid-year amendments to the Stormwater Fund recognize the appropriation of $112,000 in prior year retained earnings of the Stormwater Fund to offset a decrease in anticipated annual interest earnings for the Fund. There are no proposed changes to Fund expenditures at this time. Only minor adjustments are proposed to the Recycling Fund at mid-year. At mid-year, Recycling Fund revenues equal anticipated expenditures and are still in line with the expectations of the original approved budget. Marina Fund revenue increases of approximately $55,000 are recognized at mid-year, offsetting Fund expenditure increases of approximately $29,740, which includes funding of $14,075 for Marina Restroom improvements previously approved by the City Commission. The other expenditure increases were necessary for Marina signs and contract-negotiated increases. Marine revenues exceed anticipated expenditures by approximately $73,920 at mid-year. Parking receipts are approximately 15% below expectations at mid-year, primarily due to the wet inclement weather experienced during the first 6 months of the year. At mid-year, approximately $200,000 of prior year retained earnings are appropriated to offset the unanticipated loss of revenues in the Parking Fund. No amendments are proposed for the Harborview Fund at mid-year. Budgeted revenues and expenditures are approximately as anticipated. The most significant amendments to the Internal Service Fund programs include the recognition of approximately $297,000 of unanticipated interest earnings in the Central Insurance Fund, and a decrease in anticipated garage charges in the Garage Fund, which is partially offset by an anticipated decrease in fund expenditures. All internal service operations remain healthy at mid-year. The amendments to the Capital Improvement Fund total a net increase of $410,768. This increase is primarily due to the transfer of 4416,000 to the Atrium Land Acquisition project form the Special Development Fund. The Fire Department includes several proposed projects for the purchase of a brake retarder system to reduce maintenance costs ($34,000), a portable vehicle lifting system ($35,000), and the replacement of the Safety Village Classroom ($42,000). All of the Fire Department projects are funded by savings within the Fire Department program. All other significant Capital Improvement budget increases have been previously approved by the City Commissions and are outlined in the detailed reported. Other projects previously approved include the renovation of the marina restrooms and the purchase of a front-end loader for Public Works. The complete mid-year report includes detailed explanations of budget amendments, as well as a schedule of administratively approved change orders, and a list of self-insurance settlements. Commissioner Clark moved to approve the mid-year amendments to the Budget for the Fiscal Year ending 9/30/98. The motion was duly seconded and carried unanimously. a) First Reading Ord. #6290-98 - Amending the Operating Budget for Fiscal Year ending 9/30/98 The City Attorney presented Ordinance 6290-98 for first reading and read it by title only. Commissioner Hooper moved to pass Ordinance 6290-98 on first reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Clark, Hooper, Seel and Garvey “Nays”: None b) First Reading Ord. #6291-98 - Amending the Capital Improvement Program Report and Budget for Fiscal Year ending 9/30/98 The City Attorney presented Ordinance 6291-98 for first reading and read it by title only. Commissioner Johnson moved to pass Ordinance 6291-98 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 #35 - Interlocal Agreement with Town of Indian Shores to provide natural gas service; Res. #98-05 - Accepting the Franchise, Privilege and Concession of the Town of Indian Shores, Florida, for the purpose of furnishing gas within Indian Shores and to its habitants, and approving the interlocal agreement related thereto (GAS) On November 6, 1997, the Town of Indian Shores Town Council approved the Interlocal Agreement with the City of Clearwater to provide natural gas service in Indian Shores. The Interlocal Agreement incorporates franchise provisions as part of the document. The Interlocal Agreement provides the City of Clearwater a 30-year non-exclusive right to supply natural gas service and to construct, operate and maintain all facilities necessary to supply natural gas of the Town of Indian Shores. The Interlocal Agreement provides for an up to 5% franchise fee to be paid by the consumers of natural gas within the Town of Indian Shores. Commissioner Hooper moved to approve and accept an Interlocal Agreement/franchise with the Town of Indian Shores in order to provide natural gas service to the citizens of Indian Shores. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution 98-05 and read it by title only. Commissioner Clark moved to pass and adopt Resolution 98-05 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 #36 - Purchase of a Customer Information System (CIS) from SFG Technologies, Inc., est. $850,000; approve additional funding of associated hardware, est. $392,500; approve est. project staffing costs of $257,500; authorize funding under City’s master lease-purchase agreement for those costs that qualify under it; and authorize a loan from the Central Insurance Fund to pay for remaining costs, to be paid back over 5 years, with interest at the cash pool rate, on 9/30 of each year; approve hiring contract employees as required to facilitate this project (GAS) A new CIS is critical for facilitating the customer service business processes of the 7 City utilities for the following reasons: 1) current CIS is 8 years old and no longer supported by the vendor; 2) an extensive backlog of problems and enhancement requests exist; 3) modifying the existing system to fix problems or add features is cost prohibitive; 4) the existing system is paper intensive and requires considerable manual intervention; and 5) the existing system is not year 2000 compliant. The SFG CIS will improve customer service through streamlined automated processes and improved automated communication between departments. Proposals to fix the existing system’s year 2000 problem were $432,804 and $816,400 plus travel and living expenses, and this would merely fix a non-functional system to work ineffectively after the year 2000. Implementation of the SFG system will eliminate the need to fix the existing CIS since it is year 2000 complaint. The target date for completion of the project is December 1999. A cross-functional development team has been organized consisting of representatives from Public Works, Solid Waste, Gas, Information Management, and Clearwater Customer Service. Contract employees will be hired as interim replacements for the Public Works and solid Waste team members through the term of the project and will be funded through departmental budgets. Funds for contract programmers, as needed, are in the project. Contract employees will be discontinued after project completion. This project will be funded by the utility enterprise funds based on the following percentages: Water and Reclaimed - 30%, Gas - 23%, Sewer - 17%, Solid Waste - 13%, Stormwater - 11%, and Recycling - 6%. These funding requirements have been incorporated into the Utility Rate Study. Based on a thorough vendor evaluation process, the City’s selection team recommends the SFG CIS because it provides better functionality and costs less than the other candidates. The SFG system also uses newer technology which positions it more favorably for ongoing support. Commissioner Johnson moved to award a contract for the purchase of a Customer Information System (CIS) from SFG Technologies, Inc. at an estimated cost of $850,000; approve the additional funding of associated hardware at an estimated cost of $392,500; approve estimated project staffing cost of $257,500; authorize funding under the City’s Master Lease Purchase Agreement for those costs that qualify under the lease purchase agreement and authorize a loan from the Central Insurance Fund to pay for the remaining costs, to be paid back over 5 years, with interest at the cash pool rate, on September 30 of each year; approve the hiring of contract employees as required to facilitate this project; and that the appropriate officials be authorized to execute same. The motion was duly seconded. It was questioned how vendor backup can be assured on the new system. Managing Director of Clearwater Gas System Chuck Warrington said unlike the old software, this new technology is built around the user being able to make needed changes for the future. Other cities such as the City of Lakeland are also purchasing this product. Should SFG Technologies be unable to maintain the program at some point in the future, CGS will have the capability of updating and maintaining the system in-house because the City will have the code. Upon the vote being taken, the motion carried unanimously. ITEM #37 - Res. #98-16 - Approving resolution of the Tampa Bay Nitrogen Management Consortium adopting the 1995-1999 Nitrogen Management Action Plan and committing to its implementation (PW) On December 4, 1997, Clearwater adopted Resolution 97-59, approving the Tampa Bay National Estuary Program (TBNEP) Interlocal Agreement. The TBNEP is now renamed the Tampa Bay Estuary Program (TBEP). The TBNEP Interlocal Agreement requires the Nitrogen Management Consortium to adopt an action plan to meet cumulative reductions in nitrogen load, consistent with the agreement. Clearwater, as a member of the Consortium, is also required to incorporate appropriate elements of the Consortium Action Plan into a “Clearwater Action Plan”. Those appropriate project and program elements approved for incorporation into the Consortium Action Plan, include: 1) Del Oro Phase 1; 2) Coopers Point restoration; 3) Allens Creek rehabilitation at Lakeview and Hercules; 4) stormwater reinspection; 5) City-wide reclaimed water expansion; and 6) hazardous waste disposal will be incorporated in to the final City Action Plan. Technical requirements of the Consortium Action Plan are consistent with the Interlocal Agreement. Approval of this resolution does not guarantee project or program implementation, only that the City shall use its best efforts to achieve the goals of the TBEP within the time periods and manner prescribed by the agreement and contained within the Clearwater Action Plan. The Clearwater Action Plan, now being formulated for administrative approval by May 25, will outline appropriate projects and programs for implementation, subject to City Commission approval during the City budget process. Commissioner Hooper moved to approve the 1995-1999 Nitrogen Action Plan and commit to its implementation. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution 98-16 and read it by title only. Commissioner Johnson moved to pass and adopt Resolution 98-16 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 #38 - Exercise design option for Memorial Causeway Bridge redesign within existing professional services agreement with HDR Engineering, Inc., dated 10/21/94, to include additional maximum fee of $3,791,768 for additional work in conjunction with final design of bridge and roadway approaches (PW) The Project Development and Environment (PD&E) Study has been underway since December 1995 and is now in its final stages. The City embarked on a design process which began in the fall of 1994. Due to the far-reaching effect of this project, staff has held some 30 public forums to elicit community comment. This process has resulted in the evaluation of 3 primary bridge routes and 14 bridge alignments (Pierce Boulevard, Cleveland Street, Drew Street), and various structural options. On April 17, 1997, the Commission voted to proceed with Alignment P4A. It closely follows the alignment of the existing bridge and its approaches, thus minimizing overall impacts. For the past year, the work has been focused on further refinement of the preferred alternative and detailed environmental analysis. Final drafts of engineering and environmental documents are being prepared for final review by the FDOT, FHWA and the U. S. Coast Guard. The City has received confirmations from these agencies that no adverse impacts are anticipated due to this project. A formal Public Hearing on the project in accordance with State and Federal guidelines is scheduled for July of this year. On June 27, 1997, the City Commission approved the Joint Participation Agreement (JPA) between the City and the Florida Department of Transportation for design, ROW acquisition and construction of the Memorial Causeway East Bridge replacement. This JPA secures $13 million from the Florida Department of Transportation provided the design of the project starts no later than June 30, 1998. Funding in the amount of $3,611,000 is available in capital project 315-92820 for this work. The balance of $180,768 will be provided by the transfer of funds from the unallocated balance of Penny for Pinellas infrastructure tax at the third quarter budget review. Further funding through Intermodal Surface Transportation Enhancement Act (ISTEA) Funds are currently being pursued by the City Staff. In response to a question, Mr. Baier said the total cost for the bridge is $44.9 million, including approaches, infrastructure and enhancements. The bonding portion of those costs is $5.6 million. The City Manager said the west intersection is a separate project at a cost of $8 million which includes the library and other projects. In response to a question, the City Manager said this is a request for approval of the funds to design the bridge. Should the City decide not to build the bridge, the reimbursement of $3 million will be lost. In response to a question, Assistant City Manager Rick Hedrick said although Penny for Pinellas funds have not been prioritized, plans are to complete the Memorial Civic Center area prior to construction of the bridge. He noted many decisions still need to be made. Seven citizens spoke in support stating a new bridge is needed to help redevelopment, reduce traffic congestion, and improve the emergency evacuation route. It was also stated it would take too long to wait for the State to replace the bridge and the bridge closures for repairs during that interim would be devastating. It was felt passage of the extension of Penny for Pinellas was largely due to the inclusion of the bridge as a major project. Five citizens spoke in opposition stating the State should pay the entire cost freeing the City funds for other, more needed projects; that a new bridge would not solve the traffic problems; and a referendum should be called. Two citizens, while not opposed to the bridge, felt other avenues of funding should be explored; one suggested the alignment was not the best. Discussion ensued regarding the need for redevelopment of downtown and the beach, and the need to connect the two. The current bridge is functionally obsolete, and the State has no plans to replace it for 20 years. Once the bridge is built, the State will maintain it. The increased costs incorporate bicycle, pedestrian and multi-modal aspects that were not initially in design plans. This is a joint project between the City, State and County, and staff continues to pursue all available funds and grants toward the cost of the bridge. It was remarked this is a bad business decision and it is important for the Commission to consider all alternatives. The traffic problems are at the beaches, not on the bridge. A remark was made the City could continue to lobby the State to construct a bridge sooner than 2018. Commissioner Seel moved to exercise the design option for the Memorial Causeway Bridge redesign within the existing professional services agreement with HDR Engineering, Inc. dated October 21, 1994, to include an additional maximum fee of $3,791,768 for additional work in conjunction with the final design of the Memorial Causeway Bridge and roadway approaches, and that the appropriate officials be authorized to execute same. The motion was duly seconded and upon the vote being taken, Commissioners Hooper and Seel and Mayor Garvey voted “Aye”; Commissioners Clark and Johnson voted “Nay”. Motion carried. ITEM #39 - Planning & Zoning Board - 1 appointment (CLK) Commissioner Clark moved to appoint Steven Chandler. The motion was duly seconded and carried unanimously. ITEM #40 - Municipal Code Enforcement Board - 1 appointment (CLK) Commissioner Hooper moved to appoint Sheila Cole. The motion was duly seconded and carried unanimously. ITEM #41 - Neighborhood & Affordable Housing Advisory Board - 4 appointments (CLK) Commissioner Hooper moved to change Howard Groth’s category to “provider for low income housing”. The motion was duly seconded and carried unanimously. Commissioner Clark moved to reappoint Warren Hunt to the “residential building Industry” category. The motion was duly seconded and carried unanimously. Commissioner Seel moved to reappoint William Turner Sr. to the “labor” category. The motion was duly seconded and carried unanimously. Commissioner Hooper moved to appoint Joyce Smith to the “resident East Clearwater area” category. The motion was duly seconded and carried unanimously. Commissioner Clark moved to appoint Peggy Cutkomp to the “real estate industry” category. The motion was duly seconded and carried unanimously. ITEM #42 - Other Pending Matters - None. CITY ATTORNEY REPORTS ITEM #43 - Res. #98-17 - Demolition Lien - 912 Nicholson St., Pine Crest Sub., Blk 2, Lot 7 and ½ vacated county alley adjacent on north (CNHS) The City Attorney presented Resolution #98-17 and read it by title only. Commissioner Johnson moved to pass and adopt Resolution #98-17 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 #44 - Res. #98-18 - Demolition Lien - 916 Nicholson St., Pine Crest Sub., Blk 2, Lot 6 (CNHS) The City Attorney presented Resolution #98-18 and read it by title only. Commissioner Hooper moved to pass and adopt Resolution #98-18 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 #45 - Res. #98-22 - Assessing property owners the costs of having mowed or cleared owners’ lots The City Attorney presented Resolution #98-22 and read it by title only. Commissioner Clark moved to pass and adopt Resolution #98-22 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 #46 - Other City Attorney Items The City Attorney requested 2 attorney/client sessions regarding Clearwater Bay Marina and Timm be scheduled for August 3, 1998, at 9:00 a.m. Consensus was to so schedule. ITEM #47 - City Manager Verbal Reports a) Set date for Penny for Pinellas meeting The City Manager requested a Penny for Pinellas meeting be scheduled July 28, 1998 at 9:30 a.m. A tentative meeting is scheduled for August 18, 1998 at 9:30 a.m. in the event business is not completed at the July 28 meeting. Consensus was to so schedule both meetings. The City Manager’s one year anniversary will be in 6 days. He expressed his enjoyment of the job and pleasure working with staff and the Commission. He said it has been an exciting, fascinating, and energetic period, and is proud of the organization’s efforts and team work. He believes the purpose of a manager is to make the next generation better. He said the City is very fortunate to have Pam Akin as City Attorney. ITEM #48 - Other Commission Action a) Voting Delegate for FLC conference 8/13-15/98 Commissioner Clark moved to appoint Commissioner Hooper as delegate to the Florida League of Cities conference in August 1998. The motion was duly seconded and carried unanimously. Commissioner Clark stated he watched a tape of the last Worksession and requested efforts be made to improve the quality of the sound system. Commissioner Clark was sorry to see Scott Shuford leave, and wished him well at his new position in St. Petersburg. Commissioner Clark expressed his appreciation to City staff, especially the City Manager, the City Attorney, and Assistant City Manager Bob Keller, regarding the IMR (Information Resources Management) project. Commissioner Hooper expressed his pleasure that a memorandum from Jeff Harper regarding the Ross Financial System indicates the City will not experience a year 2000 computer shutdown. Commissioner Hooper wished the Commission a safe month’s vacation. Commissioner Johnson said it has been a good year and thanked the Commission for their efforts over the past 6 months, and the City Manager for his leadership. Commissioner Johnson requested a letter be written to the Governor and Cabinet requesting rejection of the Orimulsion issue. Consensus was for a letter expressing extreme concern be sent. Commissioner Seel questioned why Mr. Springer sent a check to the City for the homeless. Commissioner Seel held a birthday party at a new business called Laser Eclipse. The company is very family oriented, and has specific rules of conduct. One of the owners is a contractor. He praised the City’s Central Permitting Department. Commissioner Seel congratulated Bob Heilman of the Beachcomber on his 50th anniversary in the City. Commissioner Seel expressed her enjoyment working with the Commission and felt everyone was here for the right reasons. She said it has been a good year and is confident history in 20 years will reveal positive accomplishments. City Manager Roberto said Mr. Hedrick has made the Central Permitting Department a high priority. He has enjoyed working with him this year. Mayor Garvey received calls from Countryside residents opposed to traffic calming proposals. Mayor Garvey received a call from a business owner on Gulf-to-Bay Boulevard concerned about redevelopment plans and the City’s expectations of business owners. The City Manager said a clearer definition will be presented to the City Commission in August. ITEM #49 - Adjournment The meeting adjourned at 10:35 p.m.