Loading...
07/16/1998CITY COMMISSION MEETING CITY OF CLEARWATER July 16, 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 Lorenzo Aghemo Central Permitting Director Rich Baier Public Works Administrator Cynthia E. Goudeau City Clerk Gwen Legters Board Reporter The Mayor called the meeting to order at 6:05 p.m. at City Hall. Commissioner Johnson offered the invocation. 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 Two service awards were presented to City employees. ITEM #4 - Introductions and Awards - None ITEM #5 - Presentations a) Legislative Report - Senator Donald Sullivan State Senator Donald Sullivan said the legislature did well for Pinellas County this year. He reported money was allocated for Florida Gulf Coast Art center, a series of cultural grants, Brownfields, and beach renourishment. He encouraged the City to apply for project funding. He discussed how the I-4 corridor will affect Pinellas County, reiterating the importance of partaking of the economic activity. He noted community colleges will become the primary source of employees trained in technology. The Senator stressed the need for inclusion of Tampa and Pinellas County in a high-speed rail system. He said Central Florida has legislative muscle for the first time, offering a great opportunity to take care of Clearwater’s needs. Mayor Garvey agreed education and the transportation connection are important, and thanked Senator Sullivan for attending. b) FRDAP Grant Check - Senator Donald Sullivan Senator Sullivan presented a ceremonial check in the amount of $100,000 for the Del Oro recreational trail. c) Long Center appreciation of Commission support - Gary Giordano Long Center President Gary Giordano presented a framed aerial photograph of the Long Center as a token of appreciation for Commission support. He especially thanked Parks and Recreation Department staff for their outstanding work. He requested the City display the photograph in City Hall. Recreation Superintendent Steve Miller presented the Parks and Recreation Department’s 1998 Annual Appreciation Award to Walker Ford. ITEM #6 - Approval of Minutes Commissioner Johnson moved to approve the minutes of the regular meeting of June 18, 1998, 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 Walter Seidel and Debra Beagles spoke in favor of traffic calming for neighborhoods in the Countryside area. Sheila Cole expressed concern the reclaimed water program had been “sold” to Island Estates residents based on a $2 availability fee for homes not using reclaimed water, but the fee is now $14.00. Public Works Administrator Rich Baier said the $2 figure related to a very different project, under discussion in the early 1990's. Staff is examining the issue in conjunction with the Stormwater Utility Rate Study and expects to reduce the fee to about $9.00. PUBLIC HEARINGS ITEM #8 - Public Hearing & First Reading Ords. #6298-98, #6299-98 & #6300-98 - Vacating portion of 10’ water main easement, 10’ sanitary sewer easement & 10’ utilities and drainage easement, lying within M&B 31.02 & 31.04, Sec. 30-28-16 (University High Equity Real Estate Fund II & TM Clearwater Realty, Ltd., V98-05)(PW) The applicant proposes to demolish the southern portion of the Kmart shopping center at 26990 US 19 to construct a Lowe’s store and parking lot. Existing City utilities in the affected easements will be relocated. City infrastructure will be installed in new easements dedicated when the plat is recorded. Public utilities and City departments have no objections to this request. Commissioner Hooper moved to approve the applicant’s request to vacate a portion of a 10-foot water main easement, 10-foot sanitary sewer easement and a 10-foot utilities and drainage easement lying within M&B Tracts 31.02 and 31.04, Sec. 30-28-16. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance 6298-98 for first reading and read it by title only. Commissioner Hooper moved to pass Ordinance 6298-98 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 6299-98 for first reading and read it by title only. Commissioner Johnson moved to pass Ordinance 6299-98 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 6300-98 for first reading and read it by title only. Commissioner Seel moved to pass Ordinance 6300-98 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. #6304-98 & #6305-98 - Annexation & CH Zoning for property located at 23055 US19N, Sec. 5-29-16, M&B 33.08 (John & Elizabeth Prida, A98-20) The applicant is requesting annexation to obtain City sewer service for an existing gas station. The applicant will install and pay for a force main to an existing sewer line approximately 250 feet north of the subject property. Plans for the force main have been submitted for review subject to annexation approval. Central Permitting Planning Administrator Sandra Glatthorn said the Planning and Zoning Board endorsed the request at their meeting July 7, 1998. Commissioner Clark moved to approve the Petition for Annexation and Zoning Atlas Amendment to Highway Commercial (CH) Zoning for property located at 23055 US19N, Sec. 5-29-16, M&B 33.08. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance 6304-98 for first reading and read it by title only. Commissioner Hooper moved to pass Ordinance 6304-98 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 6305-98 for first reading and read it by title only. Commissioner Johnson moved to pass Ordinance 6305-98 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 - Public Hearing & First Reading Ords. #6306-98 & #6307-98 - Annexation & RS-8 Zoning for property located at 1614 Long St., Highland Pines, 1st Addition, Blk 7, Lot 7 & part of Lot 6 (Gabriel & Kristine Slater, A98-21) The applicant is requesting annexation to obtain City sewer service for a single family residential property. Extension from an existing sewer at Long Street is required and will be paid by the applicant. City Engineering staff will assist with drawing plans at no cost to the applicant. The Planning and Zoning Board endorsed the request at their regular meeting July 7, 1998. Commissioner Hooper moved to approve the Petition for Annexation and Zoning Atlas Amendment for property located at 1614 Long St., Highland Pines, 1st Addition, Blk 7, Lot 7 & part of Lot 6. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance 6306-98 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance 6306-98 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 6307-98 for first reading and read it by title only. Commissioner Seel moved to pass Ordinance 6307-98 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 - Public Hearing - Approve City of Clearwater’s Fiscal Year 1998-99 Consolidated Plan (HU) The US Department of Housing and Urban Development requires all entitlement communities to prepare an annual statement identifying sources and uses of federal funding for housing, community and economic development, and to hold a public hearing on proposed uses of funds under the Consolidated Plan. Funding recommendations result from Neighborhood and Affordable Housing Advisory Board and Technical Review Committee evaluations. These evaluations are part of the Citizen Participation Plan approved by the City Commission in March, 1995. Clearwater’s Consolidated Plan provides funding for public services, public facilities, housing rehabilitation, home ownership, rental housing development, fair housing, and economic development. Funding for these activities comes from the Community Development Block Grant, HOME, and the State Housing Incentive Partnership program. Consolidated Plan goals are to develop viable neighborhoods, provide decent, safe, and affordable housing, and to expand economic opportunities. Thirteen non-profit public agencies help achieve these goals. Clearwater Housing and Urban Development Director Alan Ferri reported the plan for this fiscal year is to notify the Federal government the City is requesting financing to guarantee loans for projects increasing daycare facilities and creating additional low income housing. He reported the City currently is 500 slots short for needed day care; this will increase to over 800 as the welfare to work initiative progresses. The proposed funding recommendations will help address this need. He said the plan does not obligate the City to apply for 108 housing, but notifies the Federal government of the intent to do so. Four people representing Community Pride, Kimberly Home, Career Options, and Homeless Emergency Project spoke in support of the plan. Mr. Ferri and his staff were praised for help with grant applications and other assistance. One person agreed with the need for additional child care, but objected to the number of family and social service facilities being squeezed into south Clearwater near Ross Norton Park. Commissioner Clark moved to approve the City of Clearwater’s Fiscal Year 1998-99 Consolidated Plan. The motion was duly seconded and carried unanimously. ITEM #12 - 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 denied at the last meeting with direction for staff to talk to FDOT regarding the pedestrian overpass proposed to be constructed in conjunction with this project. Jack King, with FDOT, and Jeff Trim, Project Designer, said the subject parcel is needed to enable construction of a pedestrian bridge, in response to requests of Curlew Creek Elementary staff and parents concerned with children’s safety. The MPO (Metropolitan Planning Organization) directed FDOT to include the overpass. Results of interactive discussions among involved agencies regarding configuration alternatives, traffic, sight distance, child safety, cost, aesthetics, utilities, right-of-way issues, and impacts on surroundings were reviewed. Overpass Scheme B1 was chosen because it would create no sight distance problems and no impacts on the park. In response to questions, it was indicated a switchback ramp would get the children closer to the school, away from Landmark Drive. Without additional right-of-way, sufficient space for a ramp does not exist south of Curlew Road. One person expressed concern six lanes are excessive for this section of Curlew Road. Jim Miller, Pinellas County School Board Director of Real Property Management, said since Curlew Creek Elementary School was constructed in 1982, the School Board has been working with Clearwater and Pinellas County on school safety issues. About 347 students live across Curlew Road and the overpass will help crossing a six-lane roadway. He asked for the Commission’s support, and requested the overpass be in the first phase of construction so students can cross during road construction. A question was raised whether the overpass can be constructed if a lawsuit is filed. City Attorney Pamela Akin replied the Commission’s action would be to transfer the property. She said what happens at that point would be up to FDOT and their lawyers. Seven people spoke in favor of the overpass, expressing concern for children’s safety and requesting support for the overpass project as proposed by FDOT. Attorney John LeRoux, representing Richard Baumgard, said using the park property is feasible. He has filed a lawsuit for conjunctive relief for his client. He stated the subject property was conveyed for Curlew Road widening and any improvements adjacent to his client's property should be made at grade. Discussion ensued regarding easement documents and maps Mr. LeRoux said FDOT failed to consider when planning location for the overpass. He encouraged looking at the existing sidewalk easement for construction of the overpass. Jack King replied regarding the need for expanding Curlew Road to six lanes, stating traffic volume projections are for 44,000 cars per day in 20 years. If this plan is not approved and the property not conveyed, the overpass will be pulled from the project but road widening will go forward. In response to a question he said the decision whether or not to proceed with a project after injunction is filed depends on the judge’s ruling. Rick Adair, with FDOT Project Development and Engineering, said he coordinated with the Federal Highway Administration in 1993 regarding use of the park. Use of the sidewalk easement would subject the project to the 4F process due to the Federal funding. It was determined the parks are protected and FDOT would have to show no alternatives exist in order to use park property. Commissioner Seel moved to rescind the Commission’s previous action. The motion was duly seconded and carried unanimously. Commissioner Johnson moved to approve declaring as surplus for the purpose of conveying title by Quit Claim 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. Commissioners Johnson, Clark, Seel, and Mayor Garvey voted "Aye"; Commissioner Hooper voted "Nay". Motion carried. ITEM #13 - Public Hearing & First Reading Ord. #6302-98 - LDCA to allow FDOT to sign, in lieu of the property owner, applications for variances to land development regulations, conditional uses, and site plan reviews associated with Eminent Domain Takings of land for road improvements The Florida Department of Transportation (FDOT) requested the proposed Land Development Code amendment to allow FDOT to proceed smoothly and quickly when necessary to process takings of land for roadway improvements. Staff recommends approval now due to urgency of the request by FDOT. The Planning and Zoning board declined to endorse the amendment at their regular meeting July 7, 1998, due to concerns it appears to give unfair advantage to government regarding property owners’ rights. It was felt the property owner’s signature, not FDOT’s should be on the application. Planning Administrator Sandra Glatthorn said the amendment would give the City more control in the approval process. Concerns were expressed that non-conforming, undevelopable land would remain after takings occur, unless the entire parcel is taken. The City Attorney said the goal is for the property to remain usable. The amendment will not affect how much property is taken, but how much FDOT has to pay. If variance is approved and the property is still usable the amount to be paid would be less. Richard Vickers, representing FDOT, said a condemning agency would not necessarily take the whole property, but may have to pay for the whole property. The proposed action would not be in lieu of the property owner, but with the property owner. Negotiating a cure with a property owner gives certainty as to what is feasible and price of the cure. Commissioner Hooper moved to approve allowing FDOT to sign, in lieu of the property owner, applications for variances to the land development regulations, conditional uses and site plan reviews associated with Eminent Domain Takings of land for road improvements. The motion was duly seconded. General discussion ensued regarding how the amendment would facilitate a project without taking unneeded property. Concern was expressed many non-conforming properties could be left along Drew Street. In response to a question, the City Attorney said it would be unusual to limit the ordinance to a particular roadway, such as US 19. The City Manager said his experience in North Miami Beach was for FDOT to enter a tri-part agreement with the property owner and the City on every project. Concerns were expressed the ordinance devalues property, and takes away some of the property owner’s remedies, bargaining position, and options. The City Manger responded property owners are clearly at a loss when taking occurs, but they are compensated and usually come out better financially. When a business that has existed five years or more is taken for transportation reasons, the business is paid damages. Upon the vote being taken, Commissioners Johnson, Hooper, Seel and Mayor Garvey voted “Aye”; Commissioner Clark voted “Nay.” Motion carried. The City Attorney presented Ordinance 6302-98 for first reading and read it by title only. Commissioner Johnson moved to pass Ordinance 6302-98 on first reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Hooper, Seel and Garvey “Nays”: Clark Motion carried. The meeting recessed from 8:13 to 8:31 p.m. ITEM #14 - Public Hearing & First Reading Ord. #6303-98 - LDCA to allow transit shelters with advertising The City of Clearwater negotiated a settlement with Eller Media which required the City to consider and adopt an ordinance relating to transit shelters and transit shelter signs. Adoption of the proposed ordinance would: 1) require shelters on the same side of the street to be placed 1000 feet apart; 2) allow shelters in commercial, office, or industrial zoning districts or on PSTA routes adjacent to hospitals, schools, or other permitted nonresidential uses in multifamily residential zoning districts; 3) allow back-lit signs on the “downstream” end wall of the shelter, and limit signage area to 24 square feet; and 4) limit number of shelters with advertising to a total of 50. The City Attorney briefly related terms of the settlement agreement with Eller Media for removal of Eller billboards not on US 19. It was noted Eller disagrees with the City regarding what is a reasonable number of shelters with signage. Eller proposed 170, but would agree to 90. The City amended the number to 50 on receipt and referral. The agreement includes limitations as to where shelters can be located. Todd Pressman, representing Eller Media, stated shelters will be built to serve those that need them. He distributed packets of information, letters, and a petition in support of the item. In response to questions, it was indicated PSTA recently said currently approximately 26 transit shelters exist in the City. It was indicated none of the Commissioners oppose transit shelters; the concern is whether shelters have signage. Gwen Young, Attorney for Eller Media, said the original settlement agreement placed no cap on the number of signs permitted, other than the number authorized by PSTA. She noted Eller Media is already limited by compliance to zoning regulations. She felt 50 shelters would not meet the need, 150 shelters was a more reasonable number, and suggested the Commission pass this ordinance in order to be consistent with the settlement agreement. Florida Power can place power poles at the back corner of shelters in most cases, shelters are illuminated at night and many will have telephones. It was never Eller’s intent to place shelters in residential neighborhoods except in limited locations adjacent to hospitals and schools. Three people spoke in support of the item stating it will provide more bus shelters to serve those who depend on public transportation. People with disabilities returning to the job market need more shelters to protect them and their specialized equipment from weather extremes. One person felt advertising on Largo bus shelters was done attractively. Five people opposed allowing signs on shelters due to concerns regarding setting a precedent for others wanting to advertise in public rights-of-way and creating a safety hazard by obstructing view for motorists and pedestrians. One speaker recommended several text amendments. Sean Olric, Eller Media Director of Public Affairs, stated Eller responded to an RFP from PSTA and was awarded an exclusive contract to provide $2.5 million worth of shelters. The shelters must meet standard building code and FDOT standards for placement. Discussion ensued regarding benefits of creating a City planning district to resolve ambiguities regarding shelter locations in enclaves. In response to questions, the City Attorney said the requirement that shelters be spaced 1,000 feet apart from other shelters located on the same side of the street will apply to shelters placed in proximity to shelters in enclaves. The planning district could not limit the number of shelters in enclaves, but could count those with signage against the cap. Discussion ensued regarding types of advertising that would be allowed. It was stated PSTA’s guidelines were very stringent. Concerns were expressed with the effect of this decision on ongoing litigation with billboard companies. Some favored raising the cap in light of the public’s expressed need for more shelters. Others strongly supported standing firm and strictly enforcing the City’s sign code, especially in view of the aesthetic nature of One City. One Future. The City Attorney responded to questions, stating no lawsuits are pending. The 3M corporation is waiting to see what happens with this item. Eller is not interested in putting shelters in single family areas, but in multi-family areas near hospitals and schools. Commissioner Johnson moved to deny allowing transit shelters with advertising. There was no second. Commissioner Clark moved to approve allowing transit shelters with advertising. The motion was duly seconded. Amendments were requested to have the cap apply in the City’s planning district, clarify when shelters can be located in multi-family zoning districts, and to gain Eller’s agreement for capping the number of shelters with signs at 50 before second reading. In response to a question, the City Attorney said referencing the planning district will not be a problem, but reiterated the number of shelters in unincorporated areas cannot be limited, but those with advertising can count against the cap. Commissioner Clark agreed to amend the motion to amend the Ordinance at second reading to include the City’s planning area, clarification regarding location in multi-family residential zoning districts, and to gain Eller’s approval of the cap at 50 prior to second reading. The seconder agreed. Upon the vote being taken, Commissioners Clark, Hooper, and Seel voted “Aye”; Commissioner Johnson and Mayor Garvey voted “Nay.” Motion carried. The City Attorney presented Ordinance 6303-98 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance 6303-98 on first reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Clark, Hooper, and Seel “Nays”: Johnson and Garvey Motion carried. ITEM #15 - (Cont. from 6/4/98) Public Hearing & First Reading Ord. #6289-98 - CN Zoning for property located at NE corner of intersection of Belleair Rd. and S. Ft. Harrison Ave., Oak Haven Sub., Lots 8-21 and Sec. 21-29-15, M&B 44.23 (proposed congregate care facility use at 620 Belleair Rd.) (John A. Lahara / Medec, Z98-08) Rezoning the vacant site is requested to allow a 98-bed congregate care facility in a district where such use is neither a permitted nor conditional use. The Planning and Zoning Board approved a conditional use and endorsed the rezoning request at their regular meeting June 2, 1998. Applicants had requested a continuance of tonight’s public hearing, but withdrew the request prior to start of the meeting and were ready to make a presentation. Concerns were expressed with proceeding with this item tonight, after having announced its continuance. Commissioner Clark moved to continue Item #15 to August 6, 1998. The motion was duly seconded and carried unanimously. Public Hearing - Second Reading Ordinances ITEM #16 - Ord. #6284-98 - Annexation 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) The City Attorney presented Ordinance 6284-98 for second reading and read it by title only. Commissioner Clark moved to pass and adopt Ordinance 6284-98 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. #6285-98 - MPD Zoning 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) The City Attorney presented Ordinance 6285-98 for second reading and read it by title only. Commissioner Hooper moved to pass and adopt Ordinance 6285-98 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. #6286-98 - 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) The City Attorney presented Ordinance 6286-98 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance 6286-98 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. #6290-98 - Amending the Operating Budget for Fiscal Year ending 9/30/98 The City Attorney presented Ordinance 6290-98 for second reading and read it by title only. Commissioner Seel moved to pass and adopt Ordinance 6290-98 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. #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 second reading and read it by title only. Commissioner Clark moved to pass and adopt Ordinance 6291-98 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. #6292-98 - Annexation for property located at 1818 Brentwood Dr., Lake Lela Manor, 1st Addition, Lot 7 (R. Brenton Howie, A98-17) The City Attorney presented Ordinance 6292-98 for second reading and read it by title only. Commissioner Hooper moved to pass and adopt Ordinance 6292-98 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. #6293-98 - RS-4 Zoning for property located at 1818 Brentwood Dr., Lake Lela Manor, 1st Addition, Lot 7 (R. Brenton Howie, A98-17) The City Attorney presented Ordinance 6293-98 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance 6293-98 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. #6294-98 - Annexation for property located at 2715 SR580, Acker’s Sub., Blk 1, Lots 3, 4, & 15 (M. K. Real Estate Investment, Inc., A98-18) The City Attorney presented Ordinance 6294-98 for second reading and read it by title only. Commissioner Seel moved to pass and adopt Ordinance 6294-98 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. #6295-98 - 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 City Attorney presented Ordinance 6295-98 for second reading and read it by title only. Commissioner Clark moved to pass and adopt Ordinance 6295-98 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 #25-38) - Approved as submitted less Item #37 ITEM #25 - Approval of Purchases per 6/25/98 memorandum: Pitney Bowes Management Services, extension, process utility bills, mailing services, temporary mail courier service & special mailing projects, award date through 9/30/99, est. $75,000 (IM) Wheeled Coach Industries, Inc., one 1999 Ford F-450 Type 1 Ambulance, to be used throughout City by Fire Dept. EMS, $96,310; funding to be provided under City’s Master Lease-Purchase Agreement (FD) Dell Computer, Inc., misc. computer hardware, to be used by city departments upgrading through Enterprise Network Phase II project, $130,306.36; funding to be provided under City’s Master Lease-Purchase Agreement (IM) Lawn and Landscape Service, extension, lawn & landscape maintenance throughout City, award date through 6/30/99, est. $55,000 (PR) Waste Collection Services, increase funding from $24,000 to $34,000, roll off removal service during remaining portion of contract ending 9/30/98; increase necessary due to greater than normal requirements caused by El Nino storm season (PW) Golden Mark Maintenance, custodial service for MSB, Marina & Sailing Center, 8/1/98-7/31/99, est. $65,000 (GS) National Building Maintenance, custodial service for City Hall, Gas Operations Complex, Gas Sales Office, Graphics Building & Marshall Street WPC Building, 8/1/98-7/31/99, est. $40,000 (GS) Sprint Telephone of Florida, purchase & installation of a Nortel Remote Cabinet PBX Telephone System, to be used by General Services, est. $34,200; funding to be provided under City’s Master Lease-Purchase Agreement (IM) Gator Ford and Sterling Trucks, one 1998 Ford F-700 cab & chassis with Miller Wildcat 350D welder, for use by CGS in Pasco County, $38,750; funding to be provided under City’s Master Lease-Purchase Agreement (GS) Diesel Energy Systems, Inc., extension, inspection & maintenance of generators used throughout City by all departments, 10/1/98-9/30/99, est. $50,000 (GS) Conoco Inc., extension, propane (for resale), award date through 9/30/99, est. $175,000 (GAS) ITEM #26 - Purchase two transport-capable Emergency Medical Service rescue vehicles from Wheeled Coach Industries, $303,990; authorize lease-purchase through City’s lease-purchase agreement (FD) See 3/2/00 minutes, #19. ITEM #27 - Interlocal Agreement for Fire Dept. participation in joint venture to study the feasibility of providing Emergency Medical Services (EMS) transportation services throughout Pinellas County, at a cost between $16,768 and $24,855 (FD) ITEM #28 - Approve appropriation of approx. $996,820 from City’s premium stabilization fund for buyouts of union sick & vacation leave as agreed in negotiated contracts (HR) ITEM #29 - Approve acceptance of 4-month grant for Fiscal Year 1997-98, for Clearwater Police Geographic Information System (GIS), from the FDCA/Drug Control and System Improvement Formula Grant Program, $13,471 (PD) ITEM #30 - Third Amendment to Agreement with Clearwater Shuffleboard Club, authorizing City to make an interest free loan of $15,000 to the Club to be used to enclose an additional 13 shuffleboard courts, at the Shuffleboard Complex at 1020 Calumet Street (PR) ITEM #31 - Contract for Ross Norton Recreation Complex renovations to Clark & Logan, Inc., for $88,867 which includes base bid and alternate #3 (PR) ITEM #32 - Contract for site development of Eddie C. Moore Park West to Keystone Excavators, Inc., for $654,800.03, including 10% allowed for contingencies and approve transfer of $73,000 at third quarter from other capital improvement projects (PR) ITEM #33 - Contract for 1998 Tennis Court Resurfacing to D&B Tennis Courts, Inc., for $20,405 (PW) ITEM #34 - Lease with Head Start Child Development and Family Services, Inc., city-owned property at 701 N. Missouri Ave., New Country Club Addition, Blk B, Lot 12, and portion of Blk C, 5 year term commencing upon lease approval, and granting Lessee one 5 year renewal option, for total rent $1 and other good and valuable consideration (PW)Youth ITEM #35 - Agreement for Lien - 1328 Parkwood St., Pine Ridge Sub., Blk A, Lot 17 (Benedict & Juliana Williams)(CA) ITEM #36 - Agreement for Lien - 2724 Morningside Dr., Carlton Terrace 1st Addition, Blk H, Lot 9 (David J. Bratnick)(CA) ITEM #37 - See Below ITEM #38 - Consent Order - State of Florida Department of Environmental Protection - to limit the liability of IMR for existing environmental problems on the Annex Site (CA) Commissioner Clark moved to approve the consent agenda as submitted less Item #37, and authorize the appropriate offices to execute same. The motion was duly seconded and carried unanimously. ITEM #37 - Chi Chi Rodriguez Foundation, Inc. - Seventh Amendment to Lease Agreement and First Amendment to Continuing and Unconditional Guaranty (CA) The Chi Chi Rodriguez Youth Foundation, Inc. is refinancing their debt. In order to do this the City must agree to continue its existing Guaranty and amend the lease agreement. The amendments do not affect the term of the lease, length, or amount of the Guaranty. The Chi Chi Rodriguez Youth Foundation, Inc. requests approval of the amendments as outlined in the First Amendment to Continuing and Unconditional Guaranty and the Seventh Amendment to the Chi Chi Rodriguez Lease Agreement. The City Attorney stated approval needs to be contingent on issuance of the bonds. Commissioner Seel moved to approve Seventh Amendment to Lease Agreement and First Amendment to Continuing and Unconditional Guaranty with Chi Chi Rodriguez Foundation, Inc., contingent on issuance of the bonds. The motion was duly seconded and carried unanimously. OTHER ITEMS ON CITY MANAGER REPORT ITEM #39 - Adopt tentative millage rate of 5.1158 mills for Fiscal Year 1998-99 and set public hearings on the budget for 9/3/98 & 9/17/98 to be held no earlier than 6:00 p.m. (BU) In accordance with the TRIM Bill process, it is necessary for the City Commission to adopt a tentative millage rate prior to finalizing and adopting the Budget. The tentative millage rate will be included in the TRIM Bill notices sent to taxpayers in early August and cannot be increased without special mailing. The City Manager’s recommended millage rate of 5.1158 mills is the same millage rate adopted for the current year. The rolled back rate, according to State definition, is the millage rate which will provide the same ad valorem tax revenue levied the prior year. If the recommended rate of 5.1158 mills is adopted, the City’s ordinance adopting the millage rate will reflect a 3.13% increase over the rolled back rate of 4.9607 mils. Clearwater’s share of property tax would be the same percentage as any percentage of increase in individual property tax value. If an individual’s property tax value has not increased, no increase in Clearwater’s share of property tax would result. This will be the eighth consecutive year the millage rate remains at 5.1158 mills. The last millage rate increase was nine years ago in FY 1990/91. Concerns were expressed that continuing to cut budget items in an attempt to keep the same millage rate could be detrimental to the City. Discussion ensued regarding merits of an ad valorem tax increase versus raising fees for services used by everyone. Commissioner Clark moved to adopt a tentative millage rate of 5.1158 mills for Fiscal Year 1998-99 and set public hearings on the budget for 9/3/98 & 9/17/98 to be held no earlier than 6:00 p.m. The motion was duly seconded and carried unanimously. ITEM #40 - Interlocal Agreement with Town of North Redington Beach; Res. #98-06 - Accepting Franchise, Privilege & Concession of the Town of North Redington Beach, Florida, for purpose of furnishing gas within North Redington Beach and to its habitants, and approving the Interlocal agreement related thereto; and Interlocal Agreement with Town of Redington Beach; Res. #98-07 - Accepting Franchise, Privilege & Concession of the Town of Redington Beach, Florida, for purpose of furnishing gas within Redington Beach and to its habitants, and approving the interlocal agreement related thereto (GAS) The Towns of North Redington Beach and Redington Beach approved Interlocal Agreements with the City of Clearwater to provide natural gas service to their citizens. The interlocal agreements provide 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 to the Towns. The interlocal agreements provide for up to 5% franchise fee to be paid by the natural gas consumers within these Towns. Commissioner Johnson moved to approve and accept Interlocal Agreements/ Franchises with the Towns of North Redington Beach and Redington Beach, Florida, to provide natural gas to the Towns’ citizens and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution 98-06 and read it by title only. Commissioner Johnson moved to pass Resolution 98-06 and authorize the appropriate offices to execute same. 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 Resolution 98-07 and read it by title only. Commissioner Seel moved to pass Resolution 98-07 and authorize the appropriate offices 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 #41 - First Reading Ord. #6308-98 - Amending City’s money purchase pension plan to provide a new employee contribution category for the Chief of Police (HR) The City of Clearwater currently contributes 6% of the Police Chief’s salary to the Money Purchase Pension Plan, and 6% of his salary to the 457 Deferred Compensation Plan. Staff recommends amending the current ordinance to consolidate payments into one 12% contribution into the Money Purchase Pension Plan. The Chief of Police agrees with the recommendation. To facilitate the change, the City must adopt the First Amendment of Section 5.1 of the Plan to require a contribution on behalf of the Chief of Police in the amount of 12% compensation. This revision establishes a new employee contribution category for the Chief of Police. The recommended effective date of the action is August 1, 1998. Commissioner Seel moved to approve amending the City’s money purchase pension plan to provide a new employee contribution category for the Chief of Police. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance 6308-98 for first reading and read it by title only. Commissioner Seel moved to pass Ordinance 6308-98 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 #42 - First Reading Ord. #6309-98 - increasing residential & commercial Stormwater Utility rate by $1 per Equivalent Residential Unit (ERU) beginning 10/1/98 and establishing a series of 4 subsequent 4.3 per cent increases to be effective 10/1/99, 10/1/2000, 10/1/2001 & 10/1/2002 (PW) Increasing the residential and commercial Stormwater Utility rate is necessary to provide funding for $30 million of capital improvement projects to abate severe street and in-structure flooding, improve water quality, add, restore or upgrade stormwater infrastructure, and comply with mandated changes in operating, maintenance, and reporting requirements. The current $3.00 per ERU rate has not been increased since the Stormwater Utility was established January 1, 1991. Burton and Associates has completed a Stormwater Utility rate study to cover five years of operations. Of the scenarios presented by the Burton Rate Study, the following results in the lowest ending rate per ERU on October 1, 2002: Effective Date Rate per ERU Increase 10/01/98 $4.00 $1.00 10/01/99 $4.17 .17 10/01/00 $4.35 .18 10/01/01 $4.54 .19 10/01/02 $4.73 .19 A presentation given during Monday’s work session illustrated the need to alleviate flooding, meet Federal requirements, and implement approved projects. Benefits were reviewed with regard to flood protection, permit compliance, erosion, maintenance, water quality, and habitat restoration. Commissioners acknowledged the need to correct flooding problems. Discussion ensued regarding use of the stormwater utility fee for projects originally slated for Penny for Pinellas funding. It was indicated Kapok Mobile Home Park needs to come back for full-blown discussion of issues associated with flooding mitigation. It is hoped putting in some City dollars will help leverage the issue with the County, because the project is crucial to the flooding solution. Commissioner Johnson moved to approve increasing the residential & commercial Stormwater Utility rate by $1 per Equivalent Residential Unit (ERU) beginning 10/1/98, and establishing a series of four subsequent 4.3% increases, effective 10/1/99, 10/1/2000, 10/1/2001 & 10/1/2002. The motion was duly seconded. Environmental Advisory Board representative Anne Garris read a motion expressing the board’s reluctance to recommend a fee increase. Upon the vote being taken, the motion carried unanimously. The City Attorney presented Ordinance 6309-98 for first reading and read it by title only. Commissioner Johnson moved to pass Ordinance 6309-98 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 #43 - First Reading Ord. #6310-98 - increasing domestic water, lawn water & wastewater collection utility rates by 3.0 per cent beginning 10/1/98 and establishing an annual rate adjustment beginning 10/1/99 not to exceed 3.5 per cent based on the Price Index for Water and Wastewater Utilities established each year by the Florida Public Service Commission (PW) Increasing domestic water, lawn water, and wastewater collection utility rates is necessary to provide funding to maintain compliance with debt service coverage requirements, and for $53.9 million of capital improvement projects to expand the reclaimed water system and upgrade the water pollution control system because of aging facilities and regulatory requirements. The City Manager increased domestic water and lawn water rates in October, 1995, due to increased cost of purchased water from Pinellas County. The last increase for wastewater collection utility rates was by ordinance in 1992. Burton and Associates has completed a water and wastewater collection utility rate study to cover five years of operations. The study recommends a 3% rate increase effective October 1, 1998, with annual rate adjustments based on price indexing thereafter. Rate increases based on the annual price index for water and wastewater utilities established by the FPSC (Florida Public Service Commission) are capped at 3.5%. Any increase in excess of the rate change determined using the price index must be approved by the Commission. In response to questions, it was indicated reclaimed water user fees will pay for the cost of the water. Staff was comfortable the recommended amount of increase will be adequate if the City gets out of the water business and goes to a County water system in the future. Commissioner Seel moved to approve increasing domestic water, lawn water & wastewater collection utility rates by 3% beginning 10/1/98 and establishing an annual rate adjustment beginning 10/1/99 not to exceed 3.5% based on the Price Index for Water and Wastewater Utilities established each year by the Florida Public Service Commission. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance 6310-98 for first reading and read it by title only. Commissioner Seel moved to pass Ordinance 6310-98 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 #44 - Res. #98-23 - endorsing application of Project 980527 and committing City to refund 10% of eligible tax refund upon certification by Enterprise Florida (ED) The Florida Legislature created Florida Statues, Section 288.106 to encourage growth of Florida’s high-wage, value-added employment. The program is commonly known as the Qualified Target Industry (QTI) Tax Refund Program. This law authorizes Enterprise Florida to accept, review and approve applications for tax refunds to qualified target industry businesses. A business receives a tax refund for each new job created. Project 980527 wishes to relocate its corporate office to a single tenant office building and projects hiring 147 employees during the next five years. The QTI program tax refund may not exceed $5,000 per employee. A QTI business may not receive refund payments of more than 25% of the total eligible taxes that were paid by such business as specified in the tax refund agreement in any fiscal year. Twenty percent local financial participation is required, which breaks down to 10% City of Clearwater and 10% Pinellas County. Under the full scenario, the City’s maximum funding will be $73,500 over five years. It is not anticipated that this will have a fiscal impact during this fiscal year. A funding source will be identified next fiscal year. Assistant City Manager Bob Keller announced Project 980527 is Lincare, a company already operating in Clearwater. This contract came out of the visitation program. Commissioner Clark moved to approve endorsing application of Project 980527 and committing the City to refund 10% of eligible tax refund upon certification by Enterprise Florida. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution 98-23 and read it by title only. Commissioner Hooper moved to pass and adopt Resolution 98-23 and authorize the appropriate offices 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. #98-24 - supporting submittal of application to Main Street Program of the Florida Department of State, Division of Historical Resources, Bureau of Historic Preservation (ED) The Florida Department of State, Division of Historical Resources, Bureau of Historic Preservation Main Street Program was created to assist Florida communities in developing public-private efforts to revitalize their “Main Street” area. Each year the Secretary of State selects a number of communities to participate in the program. The Main Street program application is an immediate action item identified in One City. One Future. The Main Street program will provide the vehicle for the Community Redevelopment Agency (CRA), Downtown Development Board (DDB), the Clearwater Chamber of Commerce Central Area Council, Downtown Clearwater Merchants Association (DCMA), and the Clearwater Beautification and Development Association (CBDA) to work together to achieve the goals for downtown. Mr. Keller said non-substantive errors in the resolution will be corrected by the time the resolution is signed. Commissioner Johnson moved to approve submittal of an application to the Main Street Program of the Florida Department of State, Division of Historical Resources, Bureau of Historic Preservation. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution 98-24 and read it by title only. Commissioner Hooper moved to pass and adopt Resolution 98-24 with changes by staff, and authorize the appropriate offices 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 - Beautification Committee - 1 appointment (CLK) Commissioner Johnson moved to appoint Jean Stuart. The motion was duly seconded and carried unanimously. ITEM #47 - Other Pending Matters - None. CITY ATTORNEY REPORTS ITEM #48 - Other City Attorney Items - None. ITEM #49 - City Manager Verbal Reports The City Manager said all 30 Clearwater firefighters sent to help put out wildfires on Florida’s west coast have returned safely. He commended the Fire Department, officers and firefighters who stepped up and worked so hard under terrible conditions, stating they are a credit to the organization. It was noted central Florida theme parks invited the firefighters for complimentary recreation. ITEM #50 - Other Commission Action Commissioner Seel complimented Public Works Administration on the nice comments received regarding Highland Avenue from Alan Bomstein. She also complimented the City Manager on 150 Ways to Celebrate Clearwater. She said she would place in the Commission read file an article regarding South Beach. She alerted the public of a new program in which the City is loaned artwork to place in public facilities. Commissioner Johnson questioned the status of the house at Rainbow Drive and Hercules Avenue. The City Attorney reported, while a lot more needs to be done, improvement has been made; water and sewer are back on. Concerns were expressed regarding the water in the pool. The City Attorney will check. Commissioner Johnson suggested printing 150 ways to Celebrate in the Clearwater magazine. Mayor Garvey suggested it be in Right Downtown as well. Commissioner Hooper reported the Federal House passed a 3-year moratorium on sales tax on Internet transactions; the Senate is considering a 6-year moratorium. Commissioner Clark wished Commissioner Seel a “Happy Birthday.” Mayor Garvey expressed pleasure at how quickly the Drew Street construction projects seem to be reaching completion. She reported the Police Department will be targeting a different intersection each week to crack down on running of red lights. ITEM #51 - Adjournment The meeting adjourned at 10:44 p.m.