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09/16/1999CITY COMMISSION MEETING CITY OF CLEARWATER September 16, 1999 Present: Brian J. Aungst Mayor/Commissioner – departed at 7:15 p.m. Ed Hooper Vice-Mayor/Commissioner J. B. Johnson Commissioner Robert Clark Commissioner Ed Hart Commissioner Also present: Michael J. Roberto City Manager Bill Horne Assistant City Manager Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Patricia Sullivan Board Reporter The Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation was offered by Dr. James Hilton of Central Christian Church. 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 - Presentations a) Legislative Report - Senator Sullivan Senator Don Sullivan reviewed legislative issues addressed this year. The Mayor presented him with an award for providing positive representation. Proclamation Assisted Living Week – September 12 – 18, 1999. ITEM #4 - Approval of Minutes Commissioner Johnson moved to approve the minutes of the regular meeting of September 2, 1999, as recorded and submitted in written summation by the City Clerk to each Commissioner. The motion was duly seconded and carried unanimously. ITEM #5 - Citizens to be heard re items not on the Agenda Jim Ficken opposed increasing the millage rate and suggested Jolly Trolley services be cut. Early Sorenson opposed the use of eminent domain powers to provide land for private businesses. Jack Alvord, Loren Westerberger, Susan Richards, & Shelly Eckerd supported protection of Bayview and opposed proposed development nearby, stating process delays are costing residents money. Problems related to developer postponements will be addressed when the Code is reviewed. Susan Richards complimented the landscaping design at the Gulf-to-Bay Boulevard K-Mart. Bill Jonson requested regulation details regarding billboards on City approved bus shelters and questioned the status of citations related to illegal billboards and when they will be removed. John Tassanari said ramps are needed for the handicapped. He requested repairs be made to South Glenwood Avenue, complaining discovery of the entity responsible for road repair is too complicated. Benetta Slaughter reviewed Downtown events planned for the next 6 weeks and congratulated the Jazz Holiday Committee for their hard work. John Doran said the idea for a roundabout on the beach was discussed first by beach residents at a public Charette. PUBLIC HEARINGS Public Hearing - Second Reading Ordinances ITEM #6 - Ord. #6443-99 - Relating to Building Code Regulations; amending Sec. 47.051 by replacing 1993 National Electrical Code with adoption of 1999 National Electrical Code The City Attorney presented Ordinance #6443-99 for second reading and read it by title only. Commissioner Clark moved to pass and adopt Ordinance #6443-99 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Hart and Aungst. "Nays": None. ITEM #7 - Ord. #6446-99 - repealing anti-discrimination compliance program provisions of the City Code The City Attorney presented Ordinance #6446-99 for second reading and read it by title only. Commissioner Hooper moved to pass and adopt Ordinance #6446-99 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Hart and Aungst. "Nays": None. CITY MANAGER REPORTS CONSENT AGENDA (Items #8-14) – Approved as submitted less #12 ITEM #8 - Approval of Purchases per 8/27/99 memorandum: AAA - A Painting, Inc., materials & labor to paint structures located at East Advanced Pollution Control Facility, $36,399 (GSS) Anderson and Shah Roofing, Inc., roof replacement at East Water Pollution Control Facility, $26,000 (GSS) Diesel Energy Systems, 2nd & Final renewal, service & maintenance of generators used throughout City by all departments, 10/01/99-09/30/00, estimated $75,000 (GSS) Sweeping Corporation of America, extension, street & parking lot sweeping at Clearwater Beach and downtown, 10/01/99-09/30/00, $127,980 (PW) Angelo's Recycled Materials, d/b/a Frontier Recycling, extension, disposal of yard waste & other materials suitable for recycling collected throughout City, 09/17/99-09/30/00, estimated $350,000 (SW) Hughes Supply, miscellaneous construction materials during remaining portion of contract ending 11/30/99, increase to estimated $40,000 due to closure of Builders' Square (GSS) Home Depot, miscellaneous construction materials during remaining portion of contract ending 11/30/99, increase to estimated $40,000 due to closure of Builders' Square (GSS) ITEM #9 - Contract for installation of gas mains & service lines to Mastec North America, Inc., $894,320; and authorize transfer of funds from project 353-96314 - Pasco County Gas Mains & Service Lines to project 353-96310 - Pinellas County Gas Mains & Service Lines, in the amount $1,000,000 (GAS) ITEM #10 - Agreement with Peoples Gas System, a division of Tampa Electric Company, approving purchase of gas mains & service facilities at a cost not to exceed $26,157.29; and approve joint filing of petition for Territorial Agreement with Florida Public Service Commission (GAS) ITEM #11 - Approve acceptance of one-year COPS MORE 98 Grant, for fiscal year 1999-2000, from US Dept. of Justice, Office of Community Oriented Policing Services, $1,079,571 (PD) ITEM #12 – See page 4 ITEM #13 - Contract for Purchase of Property with Walton McLean Byars, Trustee, 917 Park Street, Magnolia Park Sub., Blk 3, west ½ of Lot 5 and north 9.88' of vacated alley, for $90,000 plus estimated transaction expenses of $1,300 for total not to exceed $91,300 (PW) ITEM #14 - Authorize designating Clearwater Neighborhood Housing Services (CNHS) a Community Development Housing Organization (CHDO) and enter into a contract under provisions of Cranston-Gonzalez National Affordable Housing Act of 1990, $124,800 (PLD) Commissioner Hooper moved to approve the Consent Agenda as submitted less Item #12 and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #12 - Authorize negotiation of lease with Chi Chi Rodriguez Youth Foundation, Inc. to operate Glen Oaks Golf Course (PR) The Chi Chi Rodriguez Youth Foundation, Inc., has operated the Glen Oaks Golf Course for 15 years. The lease, which ended on April 6, 1999, has been extended on a month by month basis. The Youth Foundation was the only respondent to the City’s RFP (Request for Proposals). Negotiations were postponed until the consultants' study on golf course options was complete. The Foundation's proposal was comprehensive and met all RFP requirements. During its operation, the Foundation has renovated and managed Glen Oaks as a public facility, provided funds for maintenance and capital improvements, created youth programs and an afternoon school program, and worked to improve the course. In 1994, after review of staff's report of options related to uses of the subject property, the City Commission approved a 5-year renewal with the Foundation. Staff recommends negotiating a new lease with the Foundation. Negotiations to include: 1) Foundation to pay the City a fair annual rent based on profits; 2) City to be more involved in operations via monthly inspections, meeting participation, and closer monitoring of lease compliance; 3) Foundation and City to make specific improvements in accordance with a capital improvement schedule agreed upon by both parties; 4) lease to include property known as Glen Oaks Tree Farm; and 5) Foundation to conduct feasibility study within 12 months to determine future capital improvements to the golf course, including a new clubhouse and improved parking. Greg McClausen, a PGA golf professional, proposed leasing the Clearwater Golf Park and Glen Oaks Golf Course, offering $100,000 up front and payments of $50,000 annually for both courses for 30 years. He said his proposal includes all necessary improvements, expansion of the youth program to both courses, and encouragement to Seniors to play. It was stated impacts to the configuration of Clearwater Golf Park related to the Keene Road extension and Airpark expansion should be clarified in October. It was stated the Chi Chi Rodriguez Foundation’s nationally recognized program has value. It was felt the proposal’s economies of scale make sense. Mr. McClausen expressed a willingness to work with the Foundation. Commissioner Johnson moved to delay negotiations regarding the lease of Glen Oaks Golf Course until additional information is provided. The motion was duly seconded. It was recommended Mr. McClausen discuss his proposal with the Foundation. It was felt a RFP for two courses will attract a better response. It was noted the original RFP for Glen Oaks had focused on youth programs. Upon the vote being taken, the motion carried unanimously. OTHER ITEMS ON CITY MANAGER REPORT ITEM #15 - Third Quarter Budget Review (BU) At 3rd quarter, anticipated fund revenues and expenditures reflect a $12,350 increase, offsetting increases in Public Works program expenditures for damages on transportation devises funded from $9,550 in insurance proceeds and funding from Sailing Center contractual services for the purchase of a $2,800 point-of-sale system at the Sailing Center. Decreases of $564,250 in franchise fees and utility tax revenues due to slower than anticipated collections were offset by anticipated increases in property tax proceeds and court fines. Mid-year amendments reflect the distribution of $6,000 in "Vision Funds" for the June Lorelli/McQueen presentation. To date, $364,439 of the $750,000 in Vision Funds has been distributed. Significant amendments include: 1) Gas Fund - revenue reduction of $174,270 and expenditure reduction of $302,690 as fuel sales and purchases were reduced due to a warm winter; 2) Stormwater Fund - $20,000 appropriation of retained earnings offset unanticipated FDEP (Florida Department of Environmental Protection) penalty; 3) Marina Fund - $45,000 increase in gas and oil sales due to seasonal weather offset by $25,000 increase in fuel inventory purchases; 4) Internal Service Funds - $297,600 appropriation of retained earnings for Commission approved Oxford consulting to upgrade PeopleSoft software; 5) Capital Improvement Fund - $246,621 net decrease. Amendments not yet approved include a $74,000 transfer of recreation facility impact fees to the Skate Park facility project; and 6) Special Program Fund - $1,292,284 net increase, which include more than $450,000 in new grant funds. Budget amendments also include transfers of more than $477,000 from programs in the General Fund primarily in the Police Department to provide matching funds for these grants and establish a project to fund the Municipal Services Building and Library Police Aides for FY (fiscal year) 2000. The balance of program increases reflects funds from court proceeds funding the Police Contraband Forfeiture and other Police programs and donations for various purposes. a) First Reading Ord. #6444-99 - Amending the Operating Budget for Fiscal Year ending 09/30/99 Commissioner Johnson moved to approve amending the Operating Budget for the Fiscal Year ending September 30, 1999. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6444-99 for first reading and read it by title only. Commissioner Johnson moved to pass Ordinance #6444-99 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper and Hart. "Nays": None. Absent: Aungst b) First Reading Ord. #6445-99 - Amending Capital Improvement Program Report and Budget for Fiscal Year ending 09/30/99 In her September 15, 1999, memorandum, Budget Director Tina Wilson reviewed proposed changes to Ordinance #6445-99: 1) $325,000 is returned to the General Fund from the Capital Project for the Clearwater Beach Aquatics Park and Pool to provide funds for balancing the FY 1999/00 operating budget; 2) the 1999/00 capital budget will reflect the reallocation of $325,000 of Penny for Pinellas dollars from the D.D. Davis Park project to the Clearwater Beach Aquatics Park project; and 3) a correction increases the quarterly amendment for Major Street Maintenance by $13,860 to $908,860 and a reduction of the quarterly amendment for Maintenance of Buildings by the same $13,860 to $268,140. Commissioner Johnson moved to approve the amended Capital Improvement Program Report and Budget for Fiscal Year ending September 30, 1999. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6445-99 for first reading and read it by title only. Commissioner Hart moved to pass Ordinance #6445-99 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper and Hart. "Nays": None. Absent: Aungst ITEM #16 - Joint Project Agreement with FDOT, install natural gas mains for relocation during US19 at Drew Street improvement project, estimated $80,000; Res. #99-41 - authorizing execution of agreement and acceptance of new city facilities; and placing of funds with FDOT for completion of utility installation (GAS) The FDOT project to construct an overpass on US 19N at Drew Street includes roadway, sidewalk, other improvements, and utilities, including CGS (Clearwater Gas System) facilities, which conflict with the design. Under the JPA (Joint Project Agreement), FDOT's general contractor will relocate the gas mains. The agreement allows work to be done in a timely manner and releases CGS from any penalty payments. Commissioner Clark moved to approve a Joint Project Agreement with FDOT to install natural gas mains for relocation during improvement project #15150-6566, FPN 256957-1-56-01 WPI 7117045, US 19N (SR 55) at Drew Street at an estimated cost of $80,000, and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #99-41 and read it by title only. Commissioner Clark moved to pass and adopt Resolution #99-41 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper and Hart. "Nays": None. Absent: Aungst ITEM #17 - Approve utility work by Highway Contractor Agreement with FDOT for relocation of existing water and sewer facilities impacted by US19 at Drew Street improvement project, $757,982; Res. #99-40 - authorizing execution of agreement (PW) FDOT (Florida Department of Transportation) has designed the intersection improvement of SR 55 (US 19N) and Drew Street. Proposed improvements include an overpass crossing Drew Street. Construction is currently scheduled to begin in April 2000. This roadway improvement project will necessitate the relocation or adjustment of the City's water and sanitary sewer mains and appurtenances within the project limits. The Engineering Department has coordinated the design for these utility accommodations with FDOT representatives. FDOT will receive bids for the combined roadway improvement and utility relocation work and make award of bid to the low bidder. The agenda item reflects the engineer's estimate. The contractor's bid will determine exact costs. Capital project estimates: 1) water line relocation - $328,482 and 2) sanitary utility relocation - $429,5000. Commissioner Johnson moved to approve the Utility Work by Highway contractor Agreement with FDOT for relocating existing water and sewer facilities impacted by the FDOT project at SR 55 (US 19N) and Drew Street for an estimated $757,982 and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #99-40 and read it by title only. Commissioner Hart moved to pass and adopt Resolution #99-40 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper and Hart. "Nays": None. Absent: Aungst It was noted the project will begin in 2000 and will take at least 2.5 years to complete. ITEM #18 - Agreement with Pinellas County Fire Protection Authority to provide fire services (FD) The City Manager reviewed the ongoing negotiations regarding the Fire Protection Services Agreement between the City and County. He said two of three issues of concern with County language have been resolved related to the City choosing locations for new fire stations and approving training requirements. Fire Chief Rowland Herald said an agreement was just reached regarding the last issue of concern whereby the City will retain control of its Fire budget. As no related documentation is available, he recommended a decision regarding language changes be postponed. Commissioner Johnson moved to continue Item #18 to October 7, 1999. The motion was duly seconded and carried unanimously. ITEM #19 - Recommend a Commission member for appointment to St. Petersburg / Clearwater Area Economic Development Council Commissioner Clark moved to recommend the appointment of Commissioner Hart. The motion was duly seconded and carried unanimously. ITEM #20 - Other Pending Matters - None. CITY ATTORNEY REPORTS ITEM #21 - Other City Attorney Items - None. ITEM #22 - City Manager Verbal Reports - None. ITEM #23 - Other Commission Action Commissioner Hart recommended Jazz Holiday attendees use the ferry service for the October 9-10, 1999, venues on Clearwater beach and invited all to attend Jazz Holiday concerts scheduled at Coachman Park October 14 through17, 1999. Commissioner Hart invited citizens to attend Clearwater’s Military Appreciation Day on November 6, 1999. Commissioner Hooper invited residents to attend the Uno Festival at Coachman Park September 18 – 19, 1999. ITEM #24 - Adjournment The meeting adjourned at 7:28 p.m.