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08/20/1998CITY COMMISSION MEETING CITY OF CLEARWATER August 20, 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 Gwen Legters Board Reporter The Mayor called the meeting to order at 6:00 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 Two service awards were presented to City employees. ITEM #4 - Introductions and Awards Clearwater Gas System Manager Chuck Warrington announced the Gas System was presented the American Public Gas Association Award. ITEM #5 - Presentations a) No Item b) Clearwater Leadership Class Organizational and Employee Development Director Pamela Skyrme outlined the Clearwater Leadership program. She presented plaques and certificates to the 12 members of this year’s graduating class. c) Traffic Calming Pilot Project - 7:30 p.m. Public Works Administrator Rich Baier highlighted history and benefits of the Traffic Calming Pilot Project, designed to improve pedestrian safety by addressing aggressive driving behavior. A slide presentation illustrated traffic calming devices such as traffic islands, speed humps and speed tables. Three traffic calming options for residential streets in the Countryside area were reviewed. Option #1 showed use of islands, speed humps, and speed tables in Cypress Bend and Northwood Estates. Option #2 excluded Cypress Bend and eliminated speed humps from Winding Wood Drive and the west end of Haverhill Drive. Option #3 eliminated islands. Staff recommended Option #3 as the least expensive option to accomplish the basic goal of reducing speed and encouraging better driving behavior. In response to questions, Mr. Baier estimated Option #3 would cost from $60,000 to $80,000. He noted devices are in compliance with ADA (Americans with Disabilities Act) standards. Islands at neighborhood entryways would be designed to avoid restricting sight lines or emergency vehicle access. Concern was expressed with limited sight distance where Frisco Drive intersects Enterprise Road. Low landscaping materials would be used in islands. The City would construct the islands, install irrigation if desired, and maintain irrigation systems. Homeowners would be asked to maintain landscaping and pay irrigation costs. Mr. Baier felt an option including islands would be better from a traffic engineering standpoint, but had not recommended them due to the number of public issues involved. Forty-five people spoke regarding the issue: four opposed traffic calming in general; five specifically opposed islands; nine strongly supported traffic calming; eighteen specifically supported Option #2; four supported Option #3; and five supported “Option #2½," a modified version of Option #3, to include some islands. A cross walk was requested at Deer Run North and Landmark Drive. A study with simulated medians was suggested. It was indicated volunteers were available to maintain landscaping. In response to a question about legality of traffic calming, City Attorney Pam Akin related brief history of a City of Sarasota case that is not binding on Clearwater. Outcome of an appeal may impact Clearwater, but impact will not be known for six months to a year. Commission discussion ensued. In response to a question, The City Attorney indicated it is likely suits would result from accidents. The City could help homeowners associations obtain insurance, if necessary. Concern was expressed neighborhood traffic islands will not solve a dangerous problem, but will increase impediments. Staff was requested to look at a cross walk on Landmark Drive at Deer Run North. Strong support for traffic calming on Frisco Drive was expressed. In response to a question, Mr. Baier said studies indicate a combination of islands and speed tables is the most effective, but knew of no measurable data comparing the two devices. General support was expressed for “Option #2½” because it was felt some islands are needed. Commissioner Clark moved to approve traffic calming “Option #2½," a modified version of Option #3, to include islands at the north and south ends of Frisco Drive. The motion was duly seconded. Commissioner Seel requested the motion be amended to include a cross walk on Landmark Drive at Deer Run North. Commissioner Clark agreed to the amendment. The seconder concurred. Upon the vote being taken, the motion carried unanimously. The meeting recessed from 9:50 to 10:01 p.m. ITEM #6 - Approval of Minutes Commissioner Johnson moved to approve the minutes of the regular meeting of August 6, 1998, and the two special meetings of August 3, 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 regarding items not on the Agenda Stephano Maglione stated enforcement of no dogs on the beach has improved. He requested feedback on his request for a pedestrian and bicycle advisory board and status of the beach pool. He expressed concern the City has no art center. It was indicated the Parks and Recreation board would address the pedestrian and bicycle issues. The pool is to be scheduled in the near future. It was noted the MPO (Metropolitan Planning Organization) has a citizens’ advisory council on pedestrian and bicycle issues. Judith Hadley, representing Citizens for a Stable Community, requested direction on how to get specific information regarding the City’s efforts to address Year 2000 problems. The City Manager will meet with them. PUBLIC HEARINGS ITEM #8 - Public Hearing & First Reading Ords. #6313-98 & #6316-98 - Annexation & RS-8 Zoning for property located at 1525 Stevenson Dr., Stevenson’s Height Sub., Blk B, Lot 8 (Dillard / Riley, A98-23)(CP) Annexation of the single family property is requested to obtain City garbage collection services. The applicant has been receiving City sanitary and water services since 1982. The Engineering Department recommends annexation of the abutting Carol Drive right-or-way along with this request. The Planning and Zoning Board endorsed the request at their August 4 meeting. Commissioner Clark moved to approve annexation and RS-8 Zoning for property located at 1525 Stevenson Dr., Stevenson’s Height Sub., Blk B, Lot 8. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance 6313-98 for first reading and read it by title only. Commissioner Hooper moved to pass Ordinance 6313-98 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 6316-98 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance 6316-98 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 Ord. #6321-98 - Vacating full East/West right-of-way of Bryant Street (formerly Bryan Avenue) lying 38’ Westerly of Lot 22, Oak Haven Sub., together with that portion of the North/South right-of-way of Cross Lane lying south of Bryant Street, subject to conditions (Medec / Gaylor Engineering, V98-06)(PW) The applicant is requesting the vacation in order to use the rights-of-way and adjacent properties to construct an adult living facility. City utilities within the rights-of-way will be relocated at the applicant’s expense during development. City infrastructure will be installed in new easements to be provided by the owner. Private and public utilities have no objections to the proposal. Peppermill Restaurant has an existing private force main located in Bryant Street that must be relocated at the applicant’s expense and an appropriate easement provided. The City Commission approved vacation requests in 1981 and 1996, but owners failed to meet conditions of approval and the rights-of-way were not vacated. Mike Gaylor, representing the applicants, indicated Bryant Street is a substandard roadway that bisects the 4-acre site where an assisted living facility is proposed. He related project details, site history, and conditions that support vacation. John LeRoux, attorney, and Peppermill Restaurant owner David Lowery, expressed concern the vacation would close access to an area used for restaurant parking, eliminate a means of egress from the main parking lot, and cut off rear deliveries. A compromise was requested. In response to Commission questions, it was indicated delivery trucks do not go through the adjacent residential neighborhood, but turn around on Bryant Street. Code does not contain vacation standards for approval, but City policy is to seek input from utilities and other interested parties. Mr. Gaylor stated using the diagonal segment of Cross Lane as an entry point to Ft. Harrison Avenue would not be in the best interest of safety. He was willing to negotiate a compromise with Peppermill representatives. Discussion ensued regarding the vacation process, and the relationship of Bryant Street and Cross Lane to Ft. Harrison Avenue and the adjacent properties. Conditions of approval that were not met in 1996 related to moving utilities. Mr. Gaylor said the applicants will meet the conditions. It was noted vacation is not a guaranteed right and concern was expressed with economic impact on adjacent properties. Commissioner Seel moved to continue Item #9 with instructions to staff to work toward a compromise. The motion was duly seconded. Continuance to a date certain was requested. The City Manager recommended September 17, 1998. Commissioner Seel amended the motion to include September 17 as the date this item will be heard. The seconder agreed. Upon the vote being taken, Commissioners Clark, Hooper, Seel and Mayor Garvey voted “Aye”; Commissioner Johnson voted “Nay.” Motion carried. Public Hearing - Second Reading Ordinances ITEM #10 - 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) Commissioner Seel moved to continue Item #10 to September 17, 1998 at the applicant’s request. The motion was duly seconded and carried unanimously. CITY MANAGER REPORTS CONSENT AGENDA (Items #11-23) – Approved as submitted ITEM #11 - Approval of Purchases per 7/31/98 memorandum: Frontier Recycling, 2nd & final extension, disposal of materials suitable for recycling service, 10/1/98-9/30/99, est. $315,000 (SW) Jimmie’s Wrecker Service, Inc., 1st & only extension, towing service provided to all departments, 11/1/98-10/31/99, est. $55,000 (GS) Southern Office Equipment and Supplies, Inc., one Alpha 5/466 Risc computer server to be used by City departments using the GIS, $82,473; funding to be provided under City’s Master Lease-Purchase Agreement (IM) ITEM #12 - Amendment to Contract with Environmental Consulting and Technology, Inc., increase by $27,206.41 for new total $204,338.85 to complete the Contamination Assessment Report (GAS) ITEM #13 - Weed and Seed - Third Year Funding - approve acceptance of one-year grant for Fiscal Year 1998-99 from US Dept. of Justice, Office of Justice Programs, $175,000 (PD) ITEM #14 - Contract with Pinellas County Sheriff’s Department for latent fingerprint & crime scene services; authorize City Manager to renew Agreement & approve Addendum No. 2, 10/1/98-9/30/99, $373,712.30 (PD) ITEM #15 - Agreement with Clearwater Shuffleboard Club authorizing the Club to construct a Shuffleboard Hall-of-Fame building adjacent to the clubhouse building located at 1020 Calumet Street (PR) ITEM #16 - Contract to Keystone Excavators, Inc., for development of Lake Chautauqua Park, for $526,429.20 including 10% allowance for contingencies (PR) ITEM #17 - National Recreational Trails Funding Program Project Grant Agreement for Lake Chautauqua Park Recreational Trail, in the amount $50,000, between FDEP & City (PR) ITEM #18 - Florida Recreation Development Assistance Program Project Grant Agreement for East West Recreational Trail, in the amount $100,000, between FDEP & City (PR) ITEM #19 - Agreement with Ervin’s All American Youth Club, Inc., for club’s continuing use & supervision of Holt Avenue Youth Center, 9/1/98-8/31/99, approx. $117,337 (PR) ITEM #20 - Biological Research Associates, Inc., additional maintenance services for Landmark Drive Mitigation Area, $2,750, increasing total to $27,315 (PW) ITEM #21 - Maintenance and Operation Agreement with Pact, Inc., for term 10/1/98-9/30/2002 (PW) ITEM #22 - Approve use of $46,200 of tree bank money to fund hiring 2 contract tree trimmer positions for Fiscal Year 1998-99 to assist with completing work resulting from City’s Street Tree Inventory (PW) ITEM #23 - Approve agreement provisions for engineering services contracts with: Camp, Dresser & McKee, Inc.; King Engineering Associates, Inc.; Parsons Engineering Science, Inc.; Tampa Bay Engineering, Inc.; and Wade-Trim, Inc. , for a 5 year term (PW) Commissioner Hooper moved to approve the consent agenda as submitted and authorize the appropriate officers to execute same. The motion was duly seconded and carried unanimously. OTHER ITEMS ON CITY MANAGER REPORT ITEM #24 - Res. #98-28 - designating the Clearwater Brownfields Area as an Enterprise Zone (ED) The Clearwater Brownfields Area is eligible for an enterprise zone designation as established in Chapter 98-75 Laws of Florida. Designation of the Clearwater Brownfields Area will provide State incentives for locating new and existing businesses and organizations in the area: Jobs Tax Credit, Business Equipment Sales Tax Refund, Building Materials Sales Tax Refund, Property Tax Credit, Sales Tax Exemption for Electrical Energy, and the community contribution Tax Credit Program. Nomination of an area for an enterprise zone requires a local resolution finding: 1) the area chronically exhibits extreme and unacceptable levels of poverty, unemployment, physical deterioration, and economic disinvestment; 2) rehabilitation, conservation, or redevelopment is in the interest of public health, safety, and welfare; and 3) revitalization of such area can occur only if the private sector can be induced to invest its own resources in productive enterprises that build or rebuild economic viability of the area. Commissioner Johnson moved to approve designating the Clearwater Brownfields Area as an Enterprise Zone. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #98-28 and read it by title only. Commissioner Johnson moved to adopt Resolution #98-28 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 #25 - First Reading Ord. #6312-98 - establishing a Enterprise Zone Development Agency (ED) Chapter 98-75 Laws of Florida enables the Clearwater Brownfields Area to qualify as a State Enterprise Zone. Florida Statutes require that, upon adoption of an enterprise zone, the municipality shall create a public body politic to be known as the “Enterprise Zone Development Agency.” The agency shall consist of not fewer than 8 and not more than 13 commissioners to be appointed by the City Commission, with at least one representative from each of the following: local Chamber of Commerce, local financial or insurance entity, businesses operating within the area, residents residing within the area, non-profit community-based organizations operating within the area, local Private Industry Council, City of Clearwater Community Response Team, and the City of Clearwater Police Department. Commissioner Clark moved to approve establishing an Enterprise Zone Development Agency. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance 6312-98 for first reading and read it by title only. Commissioner Hooper moved to pass Ordinance 6312-98 on first reading. The motion was duly seconded, and upon roll call, the vote was: “Ayes”: Johnson, Clark, Hooper, Seel, and Garvey. “Nays”: None. Assistant City Manager Bill Keller was pleased to announce Clearwater has received Mainstreet designation from the State. Clearwater is the second large city to receive the designation. He congratulated Downtown Manager Diane Smith for doing a great job rallying the public sector and a large portion of the private sector. ITEM #26 - Res. #98-40 - expressing City’s intent to be reimbursed from proceeds of tax-exempt financing for certain capital expenditures; extend contract awarded 9/7/95 to GE Capital Public Finance, Inc. for additional one year, to provide a $5,034,000 line of credit to cover all planned lease purchase equipment acquisitions for Fiscal Year 1998-99; authorize all uncompleted equipment acquisitions previously approved for financing under current contract with CE Capital to be financed under extension of agreement (FN) Commissioner Clark moved to approve the City’s intent to be reimbursed from proceeds of tax-exempt financing for certain capital expenditures; extend contract awarded 9/7/95 to GE Capital Public Finance, Inc. for additional one year, to provide a $5,034,000 line of credit to cover all planned lease purchase equipment acquisitions for Fiscal Year 1998-99; authorize all uncompleted equipment acquisitions previously approved for financing under current contract with CE Capital to be financed under extension of agreement. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #98-40 and read it by title only. Commissioner Hooper moved to adopt Resolution #98-40 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 #27 - Res. #98-42 - Authorizing City officials to execute by hand or by facsimile signature, all checks drawn by the City on City accounts (FN) Commissioner Johnson moved to authorize city officials to execute by hand or by facsimile signature, all checks drawn by the City on City accounts. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #98-42 and read it by title only. Commissioner Hooper moved to adopt Resolution #98-42 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 #28 - Approve recommendations of Technical Review Committee for allocation of Fiscal Year 1998-99 City of Clearwater Social Services Grants Program funds in the amount $100,000 and approve proposed funding contract form (HM) Grant applications and instructions were mailed to area social service agencies that had expressed interest, or had participated in the program in previous years. Requests are limited to $10,000 and agencies can submit only one application per project. Of the 58 applications mailed, 33 applications were received, totaling $242,910 in funding requests. The Technical Review Committee recommended funding for the following agencies in the amounts listed: 1) Coalition for the Homeless, $6,381; 2) Community Pride Child Care, Inc., $9,353; 3) Community Service Foundation, Inc., $4,225; 4) Coordinated Child Care of Pinellas, Inc., $9,377; 5) Greenwood Community Health Resource Center, $7,501; 6) Gulf Coast Community Care, $9,377; 7) The Haven of RCS/Transitional Living Program, $9,377; 8) Head Start, Pinellas County, $9,377; 9) Neighborly Senior Services, Inc., $4,688; 10) Pinellas Opportunity Council, Inc./Emergency Assistance, $4,688; 11) Quality Child Care Center, Inc., $6,071; 12) Quest Inn, Inc., $4,986; 13) Religious Community Services, Inc./Food Pantry, $7,501; and 14) YWCA of Tampa Bay, $7,098. Commissioner Seel moved to approve recommendations of the Technical Review Committee for allocation of Fiscal Year 1998-99 City of Clearwater Social Services Grants Program funds in the amount $100,000 and approve proposed funding contract form. The motion was duly seconded and carried unanimously. ITEM #29 - Other Pending Matters - None. The meeting recessed from 7:13 to 7:35 p.m. Discussion ensued regarding the Traffic Calming Pilot Project, beginning on page 1, above. At the conclusion of the item, the meeting recessed from 9:50 to 10:01 p.m. Normal agenda order resumed, as follows. CITY ATTORNEY REPORTS ITEM #30 - Other City Attorney Items a) Direction re action to take re School Board Stormwater Fees The City Attorney reviewed history of the issue, stating the City agreed to abate collection of stormwater utility fees for the Pinellas County School Board and St. Petersburg Junior College (SPJC) during their litigation with St. Petersburg. The case against City of St. Petersburg is resolved and SPJC has requested a refund of the stormwater utility fees paid to the City of Clearwater. Clearwater has the option of returning the fees, or not returning the fees and being sued. She said a recent case in Cocoa Beach had a different outcome and while helpful, does not settle the issue and is not binding on Clearwater. The issue is the interpretation of whether stormwater utility fees are an assessment or a utility. Concerns were expressed that stormwater runoff management requires extensive infrastructure and school campuses are not paying their fair share of the costs. In response to a question, Public Works Administrator Rich Baier said the projection for solving Clearwater’s current stormwater problem is $110 million. The requested $750,000 payback, without interest, breaks down to $157,000 to SPJC and $561,000 to the School Board. Discussion ensued regarding the Commission’s and City’s belief that stormwater management is a utility. Commissioner Johnson moved to not pay back stormwater utility fees to Pinellas County School Board and St. Petersburg Junior College. The motion was duly seconded and carried unanimously. ITEM #31 - City Manager Verbal Reports – None. ITEM #32 - Other Commission Action Mayor Garvey announced the Clearwater Chamber of Commerce has received the 1998/99 Florida Chamber of Commerce of the Year award and the Clearwater Housing Authority has received a 100% score on their public housing assistance program. Commissioner Seel was glad the City is trying to collect past due parking fines. She questioned if there was going to be a response to Representative Crow regarding Revision 5 to the Constitution. Commissioner Johnson said he had sent his response. Commissioner Seel questioned if all new construction contracts will include an incentive for early project completion. Staff responded affirmatively. Commissioner Seel announced this weekend’s celebration at Countryside Recreation Center. Commissioner Johnson congratulated Mayor Garvey on her appointment to the committee working to bring the 2012 Olympics to Tampa. Commissioner Johnson questioned the purpose of work sessions if discussion is not allowed. He believes it is important for Commission members to be able to express their thoughts on the issues. Commissioner Seel questioned if the Penny for Pinellas Project public hearing would be separate from the public hearing on next year’s budget. Staff responded, while at the same meeting, the two items will be separate and will be advertised separately. Commissioner Hooper expressed his appreciation for the newsletter done by the economic development group. Mayor Garvey announced a DOT public hearing on the Memorial Causeway Bridge will be held on August 27, 4:30 p.m., at Harborview Center. ITEM #33 - Adjournment The meeting adjourned at 10:24 p.m.