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12/09/1999CITY COMMISSION MEETING CITY OF CLEARWATER December 9, 1999 Present: Brian J. Aungst Mayor/Commissioner 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 Bob Keller 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. 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 Award One service award was presented to a City employee. ITEM #4 - Introductions and Awards Proclamation: Miniature Art Month - January 2000 ITEM #5 - Presentations a) Art Contribution Midland Company Senior Vice President Don Reynolds presented two pieces of art to the Commission for public display in the City. b) - Tampa Bay Water – Brackish Water Desalination Project Update Tampa Bay Water General Manager Jerry Maxwell said by 2008, Pinellas, Hillsborough, and Pasco counties will use approximately 11-million gallons daily. A program to desalinate brackish water in Clearwater is under development. Tampa Bay Water Project Manager Mandy Rice said brackish water is abundant, less saline than sea water, and less expensive to treat. A survey identified 36 potential plant sites and 7 potential well sites in Pinellas County. It was deemed Pasco County land cannot sustain the proposed reverse osmosis process. The permitting process would be insurmountable to use the only area in Hillsborough County under consideration. Ms. Rice said an ad hoc committee, with good public involvement, met in July and September 1999 to develop criteria and rank sites. A public meeting is scheduled for January 6, 2000, at SPJC (St. Petersburg Junior College). Criteria included water safety, environmental effects, impacts on other users and nearby homes, family safety, public acceptance, etc. Tampa Bay Water may purchase some City water facilities. Some City wells may be unusable after 2001 due to stricter guidelines. On the short list of recommended sites: 1) top ranked – Site C2 - north end of Clearwater Airpark, west of water utility facility; 2) Site C4 - north of Airpark’s main entrance at Hercules and Grand avenues; and 3) Site C3 – northwest corner of Range/Belcher road intersection. Upcoming milestones: 1) January 2000 – approve top 2 sites; 2) February 2000 – begin field testing preparation; 3) January 2001 – complete water use permit applications; 4) June 2001 – decide on implementation; 5) July 2001 – submit water use permit applications; and 6) 2005 – 2007 – produce water. c) 1999 United Way Campaign Michele Berman introduced the 1999 United Way Campaign Team and thanked all for helping the City establish a new record of contributions. d) Turkey Trot Awards Public Information Specialist Birgitt Dowd presented the 1999 Turkey Trot Awards: 1) Iron Turkey to Public Works Department and 2) Stuffed Turkey to City Commission. e) Millennium Event Parks & Recreation Director Kevin Dunbar reviewed activities planned for the City’s Millennium Event scheduled for December 30, 1999. ITEM #6 - Approval of Minutes In reference to the minutes of the regular meeting of November 18, 1999, page 6, paragraph 7, last sentence, it was requested the minutes be corrected to read “The City Manager said money for the grant will come from the Vision Fund.” Commissioner Johnson moved to approve the minutes of the regular meeting of November 18, 1999, as corrected, and the special meeting of November 15, 1999, 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 Rex Clark, Julie Lewis, Tony Bacon, and Mercy Walker Dickerson requested the Commission select a site for the new main library. Jack Alvord said it is important that staff experts only speak on issues to avoid misstatements. Beth Goodgame and Jay Keyes said the Clearwater Coalition of Homeowners and Clearwater Beach Association request citizens be notified 30 days before the City Commission addresses code changes or other major issues. Inga Tate, William Nye, Jeff Barrett, Ray Kesega, and Michelle Hurley expressed concern the Kapok Trailer Park, located in a flood plain, has new residents. It was requested the City require construction of an entryway to prevent heavy tenant traffic through the abutting residential neighborhood. Early Sorenson thanked Commissioners who had attended the Bayview neighborhood block party. He charged City staff had spoken on public health matters without holding proper credentials. Dave Sacerra, executive director of the Lisa McPherson Trust, reviewed the trust’s mission statement and said the organization will provide resources and assistance. John Tassanari opposed construction of a new stadium. Chris Lauberg requested permission to close streets for the Florida Beaches Marathon, on January 23, 2000. Mr. Dunbar said the marathon requires Commission approval of its course, before FDOT (Florida Department of Transportation) will allow State Roads to be closed. In response to a question, Mr. Lauberg said the race will begin at 7:00 a.m. He said no roads will be blocked for more than 30 minutes. Commissioner Clark moved to approve the January 23, 2000, route for the Florida Beaches Marathon, west across the Memorial Causeway, south over Clearwater Pass Bridge, through Sand Key Park, south to Indian Shores, east to Pinellas Trail, and return to Clearwater. The motion was duly seconded and carried unanimously. John Doran said the new roundabout works well. Sheila Cole presented the Clearwater Beach Chamber of Commerce Annual Beautification Award to the entire City for improvements to Clearwater beach and she invited residents to attend the annual Island Estates Yacht Club boat parade December 11, 1999. PUBLIC HEARINGS ITEM #8 - Public Hearing & First Reading Ord. #6481-00 - Vacating westerly 3' of easterly 10' utility easement, Del Oro Groves, First Addition, Lot 110, subject to complying with Sec. 1 of Ordinance (Groteke, V99-12)(PW) The swimming pool and deck at 1213 Alameda Avenue encroach into the 10-foot utility easement. The applicant wishes to construct a screen enclosure over the pool. Within 30 days of approval of second reading, the applicant will remove any portion of the concrete pool deck within the remaining portion of the easement. The City has no utilities within the easement. Local utility firms do not object to the request. Commissioner Hooper moved to approve vacation of the westerly 3 feet of the easterly 10-foot utility easement of Lot 110, Del Oro Groves, First Addition, subject to complying with conditions specified in Section 1 of the proposed ordinance. The motion was duly seconded. Concern was expressed residents who construct swimming pools in the easement benefit by after the fact vacations. The City Manager said a survey is required to permit all new pool construction. Upon the vote being taken, the motion carried unanimously. The City Attorney presented Ordinance #6481-00 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance #6481-00 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Hart and Aungst. "Nays": None. ITEM #9 - Public Hearing - Declare surplus to City needs development rights for 9 residential dwelling units appurtenant to City Parking Lot #34 (Barbour-Morrow Sub., Blk A, Lots 5, 6, & 40) for purpose of conveying said rights to JMC Communities of Clearwater III, Inc. (JMC), general partner of Mandalay Beach Club, Ltd., a/k/a Cheezum Development, by special warranty deed in exchange for conveyance to City by special warranty deed development rights for 9 unused residential dwelling units appurtenant to Meridian of Sand Key, 1200 Gulf Blvd., from JMC, subject to approval of exchange by Community Development Board & Commission approval of proposed Land Assembly Assistance and Reimbursement Agreement between City and Mandalay Beach Club, Ltd., documenting the exchange (PW) The Strategic Redevelopment Plan for Clearwater beach is an important part of One City. One Future. revitalization efforts. For priority redevelopment, the plan identified a project area consisting of a portion of Clearwater Beach Park Sub. and all of Four Seasons Landings, a condominium bounded by Mandalay, Papaya, San Marco, and the westerly limits of said plats. JMC Communities III, Inc., d/b/a Mandalay Beach Club, Inc. proposes to construct residential dwelling units within the project area. The project also may include retail and restaurants with related pedestrian walkways, streets, parking, and infrastructure improvements. Among provisions in the proposed agreement, Section 5.04(e) indicates the City will transfer to JMC development rights sufficient for JMC to construct 157 residential dwelling units within the project area. In exchange, JMC will transfer to the City development rights for an equal number of unused residential dwelling units from its Meridian project on Sand Key. Proposed actions comply with the City Charter, implement goals, objectives, and policies of the Comprehensive Plan’s Coastal Zone Management element, and realize the vision of One City, One Future. It was recommended the development of residential units be delayed until neighborhood traffic issues are resolved. The City Manager said in January, staff will recommend a project for Mandalay Avenue that considers public meeting input. The need to slow Mandalay Avenue traffic was stated. It was felt this project is important for redevelopment. Commissioner Johnson moved to declare as surplus to City needs development rights for 9 residential dwelling units appurtenant to City Parking Lot #34 (Barbour-Morrow Sub., Block A, Lots 5, 6, and 40) for the purpose of conveying said rights to JMC Communities of Clearwater III, Inc., general partner of Mandalay Beach Club, Ltd. by special warranty deed in exchange for conveyance to the City by special warranty deed development rights for 9 unused residential dwelling units appurtenant to Meridian of Sand Key, 1200 Gulf Boulevard, from JMC Communities of Clearwater, Inc., subject to the Community Development Board’s approval of the exchange and City Commission approval of the proposed Land Assembly Assistance and Reimbursement Agreement between the City and Mandalay Beach Club, Ltd., documenting the exchange, and that the appropriate officials be authorized to execute same. The motion was duly seconded. Commissioners Johnson and Hooper and Mayor Aungst voted “Aye”; Commissioners Clark and Hart voted “Nay.” Motion carried. ITEM #10 - Public Hearing & First Reading Ords. #6470-00, #6471-00 & #6472-00 - Annexation, Land Use Plan Amendment to Residential Urban and LMDR Zoning, Sunset Highlands Unit 2, Lot 6 (Booker T. & Hong-Sun Colson)(PLD) 1432 Sunset Point Road The applicant has requested annexation to receive City water and sewer service. The property at 1432 Sunset Point Road will have a Land Use Plan designation of Residential Urban and zoning of Low Medium Density Residential (LMDR). The Community Development Board endorsed the request. Commissioner Johnson moved to approve the Petition for Annexation, Land Use Plan Amendment to Residential Urban and Zoning Atlas Amendment to Low Medium Density Residential (LMDR) for Lot 6, Sunset Highlands Unit 2. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6470-00 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance #6470-00 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Hart and Aungst. "Nays": None. The City Attorney presented Ordinance #6471-00 for first reading and read it by title only. Commissioner Hooper moved to pass Ordinance #6471-00 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Hart and Aungst. "Nays": None. The City Attorney presented Ordinance #6472-00 for first reading and read it by title only. Commissioner Johnson moved to pass Ordinance #6472-00 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Hart and Aungst. "Nays": None. ITEM #11 - Public Hearing & First Reading Ords. #6473-00, #6474-00 & #6475-00 - Annexation, Land Use Plan Amendment to Residential Urban and LMDR Zoning, Sec. 16-29-16, M&B 22.04 (Taylor G. Bingham III)(PLD) 13 S. Meadow Lark Lane The applicant has requested annexation to receive City water and sewer service. The property at 13 South Meadow Lark Lane will have a Land Use Plan designation of Residential Urban and zoning of Low Medium Density Residential (LMDR). The Community Development Board unanimously endorsed the request. Commissioner Clark moved to approve the Petition for Annexation, Land Use Plan Amendment to Residential Urban and Zoning Atlas Amendment to Low Medium Density Residential (LMDR) for M&B 22/04 in Section 16-29S-16E. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6473-00 for first reading and read it by title only. Commissioner Hooper moved to pass Ordinance #6473-00 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Hart and Aungst. "Nays": None. The City Attorney presented Ordinance #6474-00 for first reading and read it by title only. Commissioner Johnson moved to pass Ordinance #6474-00 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Hart and Aungst. "Nays": None. The City Attorney presented Ordinance #6475-00 for first reading and read it by title only. Commissioner Hart moved to pass Ordinance #6475-00 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Hart and Aungst. "Nays": None. ITEM #12 - Public Hearing & Second Reading Ords. #6404-99 & 6405-99 - Land Use Plan Amendment to Preservation & IRT Zoning for property located at 950 Old Coachman Rd., Sec. 7-29-16, M&B 42.01 (Pinellas County Board of County Commissioners)(PLD) On May 20, 1999, the City Commission approved transmittal of this Land Use Plan Amendment to FDCA (Florida Department of Community Affairs). The agency has reviewed the amendment and will allow the City to adopt it. Pinellas County requests a zoning change from Industrial, Research and Technology (IRT) to Preservation (P), and a Land Use Plan Amendment from Industrial Limited to Preservation for its property at 950 Old Coachman Road. The requests recognize current and planned uses of the property, are consistent with City and Countywide Comprehensive Plans and City development regulations, are compatible with the surrounding area, do not require nor affect the provision of public services, and will impact positively the natural environment. Commissioner Hooper moved to approve a Zoning Atlas Amendment from Industrial, Research and Technology (IRT) to Preservation (P), and a Land Use Plan Amendment from Industrial Limited to Preservation for M&B 42/01 in Section 7-29S-16E. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6404-99 for second reading and read it by title only. Commissioner Clark moved to pass and adopt Ordinance #6404-99 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. The City Attorney presented Ordinance #6405-99 for second reading and read it by title only. Commissioner Hooper moved to pass and adopt Ordinance #6405-99 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 #13 - (Cont’d from 11/18/99) Public Hearing & First Reading Ords. #6483-00 & 6484-00 - Land Use Plan Amendment to Residential/Office Limited & Office Zoning for property located at 809 Druid Rd., Magnolia Park Sub., Blk 40, Lots 4 & 5 (Stephen Watts)(PLD) The applicant requests a Land Use Plan Amendment from Residential Urban (RU) to Residential/Office Limited (R/OL) and a zoning change from Low Medium Density Residential (LMDR) to Office (O) on a site of approximately 0.34 acre at 809 Druid Road. The site is developed with a single-family house. The Community Development Board endorsed the request. Commissioner Johnson moved to approve a Zoning Atlas Amendment from Low Medium Density Residential (LMDR) to Office (O) and a Land Use Plan Amendment from Residential Urban (RU) to Residential/Office Limited (R/OL) Magnolia Park Sub., Blk 40, Lots 4 & 5. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6483-00 for first reading and read it by title only. Commissioner Johnson moved to pass Ordinance #6483-00 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Hart and Aungst. "Nays": None. The City Attorney presented Ordinance #6484-00 for first reading and read it by title only. Commissioner Hart moved to pass Ordinance #6484-00 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Hart and Aungst. "Nays": None. Public Hearing - Second Reading Ordinances ITEM #14 - Ord. #6422-99 - Relating to Purchasing; amending Secs. 2.541, 2.542, 2.544-2.547, 2.561-2.564, 2.622-2.624, and deleting Sec. 2.565, Subdivision IV and 2.601 The City Attorney presented Ordinance #6422-99 for second reading and read it by title only. Commissioner Hooper moved to pass and adopt Ordinance #6422-99 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 #15-27) – Approved as Submitted. ITEM #15 - Approval of Purchases & Declaration of Surplus per 11/9/99 memorandum: Scott Smith's Harley Davidson, five 2000 Harley Davidson Road King police motorcycles; declare surplus to city needs five 1999 Harley Davidson Road King police motorcycles and authorize trade-in to selling dealer (PD) Bulk Express, transportation & disposal of land clearing debris, 12/15/99-12/31/2000, estimated $38,350 (PW) Industrial Refuse Sales, 2nd & Final extension, compactor & roll-off containers, 12/10/99-12/31/2000, estimated $150,000 (SW) Don Reid Ford, eleven 2000 Ford Crown Victoria police pursuit vehicles (replacement) for use by Police Department, $268,655; funding to be provided under City's Master Lease-Purchase Agreement (GSS) Tree-Line Sales and Service, 2nd & Final extension, inspection, certification & necessary repairs to crane trucks, bucket trucks & related equipment used by various departments, 1/1/2000-12/31/2000, estimated $40,000 (GSS) The Broyhill Manufacturing Company, one 2000 Broyhill Load-N-Pack model 80-HD refuse collection system (replacement) for use on Clearwater Beach by Solid Waste, $81,142.60; funding to be provided under City's Master Lease-Purchase Agreement (GSS) Golden Triangle Portable Toilet Company, Inc., increase contract from $24,500 to new estimated $30,000, portable toilet rental & service during remaining portion of contract ending 12/31/99 (PR) Golden Triangle Portable Toilet Company, Inc., 1st of 2 extensions, portable toilet rental & service during 1/1/2000-12/31/2000, estimated $30,000 (PR) Lakeside Occupational Medical Centers, P.A., 1st of 2 extensions, pre-employment & annual physical examinations and random drug testing for all personnel except those in Fire Department, 1/1/2000-12/31/2000, estimated $56,000 (HR) Standard Insurance Company, 1st extension, long term disability insurance for employees not eligible for pension plan coverage during 1/1/2000-12/31/2000, estimated $30,000 (HR) Reliastar Life Insurance, 1st of 2 extensions, SAMP group term life insurance during 1/1/2000-12/31/2000, estimated $50,000 (HR) SFG Technologies Inc., maintenance & support of SFG and licensed third party programs to be supplied by SFG for SFG Utility Management System used by Clearwater Customer Service, 10/1/99-9/30/2000, estimated $45,000 Tampa Mack Sales, one 2000 Mack roll-off truck (previously approved addition), $94,650; funding to be provided under City's Master Lease-Purchase Agreement (SW) Kelly Temporary Services, 2nd & Final extension, temporary employment services used by all departments, 12/10/99-12/31/2000, estimated $45,000 (HR) Pride of Florida, extension, recapped heavy duty truck tires, 12/10/99-12/31/2000, estimated $50,000 (GSS) Brad Ragan Inc., 2nd & Final extension, tires, 1/1/2000-12/31/2000, estimated $200,000 (GSS) Jeffry Knight Inc., d/b/a Knight Enterprises, installation of gas mains & service lines and house piping installation throughout gas system service area, 1/1/2000-12/31/2000, estimated $585,000 (GAS) ITEM #16 - Brownfields Site Rehabilitation Agreement with FDEP, for property located at 1108 N. Greenwood Avenue (ED) ITEM #17 - Contract to WRS Infrastructure and Environment, Inc., for $64,157.50, for source removal of contaminated soil at property located at 804-804.5 Pennsylvania Avenue, utilizing State Brownfields Appropriations (ED) ITEM #18 - Agreement with Greater Clearwater Chamber of Commerce for Fiscal Year 1999-2000, City to provide $170,000 in funding in exchange for certain tourism services to be provided by Chamber (ED) ITEM #19 - Agreement with Clearwater Beach Chamber of Commerce for Fiscal Year 1999-2000, City to provide $25,000 in funding in exchange for certain tourism services to be provided by Chamber (ED) ITEM #20 - Board of Trustees, Clearwater Police Supplementary Pension Fund - reappoint William Schwob (PD) ITEM #21 - Second Amendment to contract with Logistic Systems, Inc., eliminating Records Management System (RMS) Software and revising installation, training, interface & project management portions of contract, while leaving in place, Computer Aided Dispatch (CAD) system as well as computer hardware already installed for RMS (PD) ITEM #22 - Accept grant from U.S. Department of Justice/Office of Community Oriented Policing Services (COPS) for period 9/1/99-8/31/2002, in the amount of $375,000 (PD) ITEM #23 - Ratify/Confirm Change Order to contract for emergency repair & retrofit of Solid Waste Fueling Facility with Tampa Bay Engineering, $80,268 (PW) ITEM #24 - Work Order to Tampa Bay Engineering for services related to rehabilitation of Sanitary Sewer Pump Stations #20 & #35, $246,838 (PW) ITEM #25 - Joint Project Agreement with FDOT, street lighting at SR 55 (US 19N) and Drew Street interchange (PW) ITEM #26 - Approve Final Plat for Belleair Village Subdivision, located approximately 350' West of Missouri Avenue, lying along South side of Belleair Road (PW) ITEM #27 - State 2000 Legislative Package (CLK) Commissioner Clark moved to approve the Consent Agenda as submitted and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. OTHER ITEMS ON CITY MANAGER REPORT ITEM #28 - Update regarding Beach Entryway (Roundabout) Project (CM) Public Services Director Gary Johnson reviewed the completion of the project. The Grand Opening is scheduled for December 21, 1999, at 5:30 p.m. It was stated the use of vehicle turn signals would simplify movement through the roundabout. The City Commission recessed from 7:41 to 8:00 p.m. ITEM #29 - First Reading Ord. #6479-00 - Granting to KMC Telecom III, Inc. permission to occupy municipal streets and rights-of-way in the City of Clearwater as a means of providing telecommunication service; prescribing terms and conditions accompanying the Grant of Franchise (ED) KMC Telecom III, Inc. has requested a franchise from the City to provide telecommunications services to business customers in Clearwater. The firm is constructing a fiber-optic sonet based network. Most lines will be hung from existing poles. Pursuant to Florida Statutes and the City’s Code of Ordinance, Clearwater has the authority to grant a telecommunications franchise. The proposed 10-year, franchise agreement is non-exclusive. KMC Telecom III, Inc., will obtain all permits required of franchisees for this purpose and shall pay a monthly franchise fee of 1% of the local recurring revenues. The City Attorney reported the lines will be buried between the pole and building. Commissioner Hooper moved to approve granting KMC Telecom III, Inc., a franchise to provide telecommunications services to business customers in the City of Clearwater and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6479-00 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance #6479-00 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Hart and Aungst. "Nays": None. ITEM #30 - Accept notification of CRA Intent to Accept Proposal submitted by Balk Company, Inc. (ED) In response to a RFP/Q (Request for Proposals/Qualifications), the CRA (Community Redevelopment Agency) received 2 proposals for Dimmitt Option Parcels A & B only, and 2 proposals for Parcels A & B and City-owned Parcels C & E. RFP/Q criteria required: 1) development proposal; 2) development qualifications; 3) proof of economic benefit to City; and 4) financial capability of bidder. After reviewing the proposals based on RFP/Q criteria, the Selection Committee recommended and the CRA approved staff negotiations with The Balk Company. The firm proposes to construct 100 townhouse units featuring a Mediterranean Revival motif and including amenities such as a swimming pool, banquet hall, and decorative wrought iron fences. In accordance with State law, the CRA is notifying the Commission of its intent to accept the proposal submitted by The Balk Company, Inc., subject to negotiation of a development agreement. This recommended action does not constitute acceptance of the proposal. It was requested this item be continued to January 20, 2000, to allow public input. CRA Executive Director/Assistant City Manager Bob Keller recommended the City Commission reaffirm their December 6, 1999 vote, when acting as CRA Trustees, directing the CRA to move forward with negotiations with the Balk Company, Inc. Public input meetings can be scheduled before the development agreement is approved. It was felt a public process is necessary before further decisions are made. A presentation on the need for downtown residential units and other pertinent facts was requested. The City Attorney noted the CRA Trustees had directed the CRA to go forward with negotiations. This Item does not consider negotiations. She expressed concern Commission and CRA decisions regarding this issue conflict with each other. She said delaying this decision will not slow the process. In response to a question, she said the CRA meeting had been advertised to the public. Mr. Keller reported both selection committee meetings also had been noticed. Commissioner Hart moved to continue Item #30 to the meeting of January 20, 2000. The motion was duly seconded. Commissioners Johnson and Hart and Mayor Aungst voted “Aye”; Commissioners Clark and Hooper voted “Nay.” Motion carried. ITEM #31 - First Reading Ord. #6480-00 - amending City Code of Ordinances and amending City of Clearwater Money Purchase Pension Plan Document, to provide for loan provisions for plan participants (HR) Staff recommends adding loan provisions to the Money Purchase Pension Plan to allow plan participants the option of taking loans from vested employer contributions. These loans only will be allowed for hardship and specified situations. Covered circumstances include, but are not limited to unreimbursed medical expenses of participants or their immediate family, establishing or substantially rehabilitating the participant’s principal residence, and paying for a college education, including graduate studies, for participants and/or dependents. Participants may receive one loan per calendar year, and have only one outstanding loan at a time. This change will not incur any cost to the City. Commissioner Johnson moved to amend the City Code of Ordinances and the City of Clearwater Money Purchase Plan Pension Plan document, to provide for loan provisions for plan participants. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6480-00 for first reading and read it by title only. Commissioner Hart moved to pass Ordinance #6480-00 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Hart and Aungst. "Nays": None. ITEM #32 - First Reading Ord. 6494-00 – Relating to Employees Pension Plan; amending Sec. 2.393, Code of Ordinances, to amend or delete definitions; amending Sec. 2.397, Code of Ordinances, to amend benefits under the Plan; providing for a referendum election relating to the Pension Plan (HR) Collective bargaining negotiations between City representatives and representatives of a coalition of the five unions negotiated Pension Plan Changes and agreed to changes: 1) add automatic 1.5% COLA (Cost of Living Adjustment) to the Pension Plan for all current and future participants, beneficiaries, and survivors, who have received at least 5 monthly benefit payments on each April 1, beginning April 1, 2000; 2) change average monthly compensation from last five years to best five years; and 3) amend normal retirement age to include age 65 with at least ten years of service, and delete references to that as an early retirement age. The City’s actuary considered actuarial impacts of proposed changes on Plan funding and financial soundness and recommended approval. On November 9, 1999, the PAC (Pension Advisory Committee) approved a similar version of the proposed changes by a 4-2 vote. The PAC approved an ad hoc COLA. On November 18, 1999, upon recommendation of staff and Pension Counsel, the Trustees of the Employees’ Pension Plan approved the changes, including an automatic COLA by a 4-1 vote. If the ordinance is passed, the City will present these changes to the citizens of Clearwater at a March 14, 2000 referendum. If approved, changes to the Pension Plan will be effective April 1, 2000. Commissioner Hooper moved to approve revisions to the City of Clearwater Employees’ Pension Plan, amend and delete definitions and amend benefits under the Plan, and provide for a referendum election relating to revisions. The motion was duly seconded. Commissioners Clark, Hooper, and Hart and Mayor Aungst voted “Aye”; Commissioner Johnson voted “Nay.” Motion carried. The City Attorney presented Ordinance #6494-00 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance #6494-00 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Clark, Hooper, Hart and Aungst. "Nays": Johnson. Motion carried. ITEM #33 - Extension of Agreement with Clearwater Golf Park (PR) Since February 24, 1970, Clearwater Golf Park, Inc. has operated the Golf Park. The current lease expires on February 28, 2000. Staff is considering long-range alternatives for the Golf Park and Glen Oaks facilities and needs time to resolve related issues. Staff recommends extending the lease for 3 months until May 31, 2000. All other terms of the agreement will be unchanged. Staff will make a recommendation regarding continued operations to the City Commission before May 31, 2000. Mr. Dunbar said Clearwater Golf Park has agreed to increase monthly payments to $1,000 for the 3-month extension and to manage the course under established criteria. In response to a question, the City Manager said he would acknowledge receipt of a recent proposal. All firms which submitted proposals will be sent copies of the RFP (Request of Proposals) for an operator of the subject golf course. In response to a question regarding long-term plans for the property, Mr. Dunbar said information from the department’s master plan will not be available until October 2000. After the master plan is complete, the City Manager said public input and City Commission review will take an additional year. It would be difficult for the City to staff, equip, and manage a golf course, even on a temporary basis. The City needs an operator for this golf park for at least two years. Concern was expressed the City will receive few worthwhile bids until the future best use of the property has been determined. In response to a question, the City Attorney said in addition to a one-year clause permitting the City to change usage, a lease provision amortizes improvement costs, which could be a significant expense. Commissioner Johnson moved to approve a 3-month lease amendment and extension between Clearwater Golf Park, Inc., and the City for the operation of Clearwater Golf Park at a rate of $1,000 per month, and that the appropriate officials be authorized to execute same. There was no second Concerns were expressed that a RFP would be ineffective until the future use of the land is determined. It was suggested the lease could be extended to October 2000. Commissioner Clark moved to continue Item #33 to January 20, 2000. The motion was duly seconded and carried unanimously. ITEM #34 - Ratify decision made on 10/7/99 to provide $25,000 toward track improvements at Clearwater High School; approve funding source of unappropriated retained earnings of the General Fund (PR) Historically, the City and Pinellas County School Board have shared facilities under a joint facility use agreement. After the Clearwater High School track needed to be replaced, a community group began soliciting funds to install a synthetic track surface. The School Board contributed more than $200,000 to repair subsurface drainage, remove hazardous concrete walks and walls, and provide a porous asphalt surface. A synthetic track, estimated to cost $270,000, can be installed over the new surface. The community has raised half of the cost. Previously, the City has contributed to track improvements at Clearwater High School. The proposed surface will attract prestigious races, AAU sponsored races, masters races, intramural races, and district and state high school meets. The surface also will provide professional track for citizen use. Opposition was expressed to using unappropriated retained earnings for this type of purpose. Commissioner Clark moved to ratify the City Commission’s October 7,1999, decision to provide $25,000 toward track improvements at Clearwater High School and approve the funding source of unappropriated retained earnings of the general fund. The motion was duly seconded. Commissioners Johnson, Clark and Hooper and Mayor Aungst voted “Aye”; Commissioner Hart voted “Nay.” Motion carried. ITEM #35 - First Reading Ord. #6500-00 - establish new non-resident fees for participation at City recreation facilities and in City recreation programs & activities (PR) On October 18, 1993, the City Commission approved a formula to compute non-resident fees for participation in recreation facilities, programs, and activities and establish categories. Since the last non-resident fee increase in 1994, Parks & Recreation Department expenses have risen. Annual resident cards cost $3 per person plus sales tax. New non-resident fees are recommended: 1) annual individual card - $14 increase to $70 plus tax; 2) annual family card - $35 increase to $175 plus tax; and 3) single season sports fee - $4 increase to $37 plus tax. If approved, department revenues will increase approximately $11,500 in FY (fiscal year) 1999/2000. Over the next year, staff is developing the Parks & Recreation Master Plan and will evaluate non-resident fee options and categories such as tennis facilities, swimming pools, program fees, lawn bowl, co-sponsored programs, etc. Citizens will have ample time for input regarding fees. Commissioner Hooper moved to establish new non-resident fees for non-residents to participate at City recreation facilities and in City recreation programs and activities. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6500-00 for first reading and read it by title only. Commissioner Hooper moved to pass Ordinance #6500-00 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Hart and Aungst. "Nays": None. ITEM #36 - First Reading Ord. #6477-00 - regarding sale of city owned surplus real property (QOL) The City’s Code of Ordinances, Division 6. Sales of Surplus Real Property, Sec. 2.665. prohibits the sale of City-owned real property to users which qualify for ad valorem property tax exemptions. The ordinance requires deeds for all properties sold by the City to contain reverter clauses, which automatically revert properties to the City those used for purposes which qualify for a tax exemption or if application is made for ad valorem exemptions. This ordinance has prevented the City from selling or donating lots to programs such as Habitat for Humanity. It also prevents the City from considering: 1) Calvary Baptist Church request to exchange improved land fronting Drew Street and abutting new Eddie C. Moore ball fields for City-owned land (Chesapeake Park). The City would benefit from 2 new ball fields constructed with Calvary Baptist Church funds, the proximity of additional ball fields to Eddie C. Moore for tournament play; and the convenience of maintaining adjoining park properties and 2) City wishes to exchange CCC (Clearwater Country Club) owned 9th green, fairway, and putting green for an equal size of City-owned land needed by the club to construct a portion of CCC’s new clubhouse. Both requests involve open space/recreation land. If the City Commission repeals the ordinance, both items will appear on a referendum for voter approval this summer. One resident spoke in support of the ordinance. It was felt a previous City Commission must have had a just reason to pass this ordinance. It was noted exceptions to the ordinance can be approved via referendum. Commissioner Clark reported the City Attorney had opined his business relationship with Clearwater Country Club did not pose a conflict of interest regarding this issue. Concern was expressed the 1994 ordinance had forfeited the City Commission’s ability to determine related issues. The City Attorney said even with the proposed change, the City Commission will never be required to sell any property and will consider all sales at least two times. Commissioner Clark moved to repeal Code Section 2.665 (Division 6 Code of Ordinances) which requires placing a reverter clause on all City-owned real property sold. The motion was duly seconded. Commissioners Clark, Hooper and Hart and Mayor Aungst voted “Aye”; Commissioner Johnson voted “Nay.” Motion carried. The City Attorney presented Ordinance #6477-00 for first reading and read it by title only. Commissioner Hart moved to pass Ordinance #6477-00 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Clark, Hooper, Hart and Aungst. "Nays": Johnson. Motion carried. ITEM #37 - First Reading Ord. #6482-00 - Submitting to the City Electors proposed amendments to the City Charter amending Sec. 2.01(d) 5 (vii) regarding leasing surplus municipal real property (QOL) City Charter (Article II, Section 2.01(d)5(vii)) limits leases of municipal properties to 30 years, and an extension not to exceed 30 years. Leases cannot exceed 60 years total. The 1998 Charter Review Committee recommended removing the 30- and 60-year limitations from the charter, and directing the City Commission to negotiate the length of leases. In addition to the 60-year limitation, the 1999 referendum question addressed other issues and was defeated. The City will be unable to renew several leases unless this provision is modified. Leases for Clearwater Country Club and South Beach Pavilion, limited by this provision, will expire soon. Also, due to this charter provision, the Long Center lease requires referendum approval to complete the lease term. If this amendment is approved, the Long Center lease could be amended to remove reference to a separate referendum. Commissioner Johnson moved to place a question regarding removal of the time limitation on leases of City property, on a March 14, 2000, special election ballot. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6482-00 for first reading and read it by title only. Commissioner Hart moved to pass Ordinance #6482-00 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Hart and Aungst. "Nays": None. ITEM #38 - Work Order with Parsons Engineering Science, Inc., engineering services, for preliminary project development of Pier 60 Parking Garage including financial analysis, $185,200 (Phase 1A); authorize loan (bearing interest at cash pool earnings rate) from consolidated cash pool to fund expenditure until such time as bonds are issued, or in event bonds are not issued, to be repaid from parking revenues over 10 year period (PW) On June 3, 1999, the City Commission approved the recommendation to construct 2 parking structures on Clearwater beach. Based on the City’s Master Plan and public meeting input, the parking structures are to be located at Pelican Walk and Pier 60 (plus). On August 19, 1999, the City Commission approved the staff ranking of the consultants, which had determined Parsons Engineering Science Inc., to be first. The $1,751,700 design project from preliminary through final design will be implemented in phases: 1A) $185,200; 1B) $432,001; and 2) $1,134,499. The City Commission can terminate the process during any phase. The contract was engineered to encourage City Manager, City Commission, and public involvement. Monthly updates can be prepared to inform all stakeholders of recent occurrences. With Parson’s Engineering Science, Inc., staff has negotiated the scope of services to include a financial analysis of both sites, and a preliminary and final engineering design for the Pier 60 site only. Phase 1A, to be completed by March 2000, will determine the exact project area, provide preliminary geotechnical investigation, refine commercial needs, provide a report on preliminary financial feasibility based on an estimated construction cost of $19.2-million, conduct public meetings, and present their report to the Commission. This phase will be used to base decisions to proceed. Phase 1B, to be completed by December 2000, will prepare a detailed development program to include project administration and management, a traffic study, preliminary financial feasibility analysis, architectural, civil, and landscape schematics, preliminary cost estimates, preparation of new releases, conduct stakeholder and City staff meetings, initiate permits, and make presentations. Phase 2, to be completed by May 2001, will provide a detailed design of the facility and include project administration and management, traffic analysis, functional layout, final financial feasibility, utility and property surveys, geotechnical investigation, final architectural and civil designs, and contract preparation. The project will be funded by a loan from the consolidated cash pool (bearing interest at the cash pool rate) until bonds are issued. Staff anticipates bonds will be issued to fund the design and construction of one or more parking structures. Bonds will be repaid from parking revenues. Should bonds not be issued, the loan will be repaid over 10 years from parking revenues. Two residents spoke in opposition to the proposal. The City Manager said the proposal includes traffic studies and will consider how large the structure should be. It was recommended the public hearings be scheduled for public input on design and traffic flow. It was noted the City Commission had promised to address traffic flow and parking issues before the new Memorial Causeway Bridge is constructed. It was felt a parking garage will not improve tourism. It was recommended the garage be built away from the sand. The City Manager said Phase 1A will help determine what services, such as a small auditorium, a library, a police sub station, etc., could be added to the parking garage structure. Opposition to locating the beach fire station there was stated. It was requested attention by paid to the Devon/Coronado intersection for traffic flow issues. It was felt the garage will improve the beach vista as visitors cannot now see over cars parked in beach front lots. Commissioner Johnson moved to approve engineering services Work Order with Parsons Engineering Science, Inc., for preliminary project development of the Pier 60 Parking Garage including preliminary financial analysis in the amount of $185,200 for Phase 1A, and to authorize a loan (bearing interest at cash pool earnings rate) from the consolidated cash pool to fund this expenditure until bonds are issued, or should bonds not be issued, to be repaid from parking revenues over 10 years, and that the appropriate officials be authorized to execute same. The motion was duly seconded. Commissioners Johnson, Hooper and Hart and Mayor Aungst voted “Aye”; Commissioner Clark voted “Nay.” Motion carried. ITEM #39 - Res. 99-46 – establishing the intent to reimburse certain beach parking garage project costs incurred with proceeds of future tax-exempt financing (FN) On June 3, 1999, the City Commission approved the Pier 60 Plus and Pelican Walk options as preferred sites to develop 2 parking garages at the beach and authorized Public Works Administration to move forward with detailed engineering PD&E (Project Development & Environmental) and financial analysis. The City will incur expenses while moving forward on these two parking garages. This reimbursement resolution will allow the City to be reimbursed from Bond proceeds. Commissioner Hart moved to approve establishing the intent to reimburse certain beach parking garage project costs incurred with proceeds of future tax-exempt financing and that the appropriate officials be authorized to execute same. The motion was duly seconded. Commissioners Johnson, Hooper, and Hart and Mayor Aungst voted “Aye”; Commissioner Clark voted “Nay.” Motion carried. The City Attorney presented Resolution #99-46 and read it by title only. Commissioner Hooper moved to pass and adopt Resolution #99-46 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Hooper, Hart and Aungst. "Nays": Clark. Motion carried. ITEM #40 - Library Board - 1 appointment (CLK) Commissioner Johnson moved to appoint Rhonda Smith. The motion was duly seconded and carried unanimously. ITEM #41 - Other Pending Matters a) Report regarding Largo annexation of properties North of Belleair Road - Ralph Stone Senior Planner Ralph Stone reported the Largo City Commission had voted unanimously to annex property north of Belleair Road, west of the Belcher Road intersection. Largo City staff had stated that Clearwater had violated a 1983 Interlocal agreement by extending sewer service to the Walgreens, south of Belleair. Mr. Stone said Largo had been unable to provide sewer service at that time. Largo has an aggressive annexation program and intends to pay for the sewer extension to the subject property. Mr. Stone said Clearwater’s contention that Belleair Road is its southern boundary is supported by its recognition as the border of Clearwater’s planning area, in the Fire District, and in the 1992 Interlocal agreement with Pinellas County, which has never been violated. The tri-city agreement between Pinellas Park, St. Petersburg, and Pinellas County, identifies Belleair Road as Largo’s northern boundary. A 1992 amendment to the 1983 interlocal agreement recognized the border and indicated the municipalities will work to not cross it again. PPC (Pinellas Planning Council) staff concurs with Clearwater’s position. Staff will attend next Wednesday’s PPC meeting to present the City’s position. Clearwater can request the County to enforce its Interlocal Agreement with Largo, identifying Belleair Road as the border between Largo and Clearwater. Mr. Stone will address the Largo City Commission when it considers second reading of the annexation ordinance is scheduled for January. The City Attorney reported the Clearwater has 30 days after that vote to petition for writ of certiorari. The City and County could take action on this matter together. It was recommended the City “draw a line in the sand,” and request the County to go forward with enforcing current annexation agreements with Largo. The City Attorney will come back to the City Commission before filing a lawsuit. b) Report on review of e-mail issues - Mr. Rice Hamilton Rice said he will submit a written report. He had been engaged to review whether inappropriate use of private e-mail accounts had occurred and to recommend changes. During his review, Mr. Rice interviewed 20 City officials and employees. While interviews did not take place under oath, those interviewed were asked to be prepared to swear to anything said. Mr. Rice said he also had reviewed related technical issues with other local governments and computer consultants and e-mail policies of the City and other jurisdictions. He said the Florida Supreme Court had ruled public record of all transmissions of official business must be retained. Staff does not have to retain personal e-mail transmissions unrelated to official business. Mr. Rice said since 1990, Clearwater has had at least 5 e-mail policies. Only the 1996 City Manager policy appeared to have been signed or approved by the City Commission or City Manager. While one policy encouraged use of the City’s system for the Internet, another states the system is not designed for personal use. All policies indicate the user is responsible for retaining all official correspondence transmitted electronically. Some cities discourage the personal use of e-mail while others forbid it. Mr. Rice said the genesis of his review was the news reporter’s request for the City Manager’s e-mails between January 1 and October 25, 1999. While all City e-mail was made available, e-mail sent by hot-mail was not. No lawsuits have been filed related to undisclosed communications resulting in improper actions. Mr. Rice concluded the City Manager’s office makes available all public documents and e-mails sent and received via the City system. The City Manager and Assistant City Manager Bill Horne indicated they had communicated via private e-mail to discuss philosophical issues and personal matters. Both deny any transmission related to the transaction of official business. Unless hot-mail is preserved on hard copy, it has a short life before the system deletes it automatically. Mr. Rice estimated attempts to recover lost hot-mail would take approximately 80 hours and have a 1% chance at success. He said there is insufficient evidence to conclude private e-mail accounts had been used for official business. He requested relevant input before he files his written report. Mr. Rice said the City Commission should develop a comprehensive e-mail policy for staff. He recommended prohibiting the use of private e-mail for public business except for emergencies, when the emergency would be reported and hard copies retained. He recommended the City Commission and City management attend public document seminars. He also recommended the City Manager and other designated officials attend a series of bar seminars related to dealing with the press. He said the action of the City Commission to seek an objective review is commendable. He will present his written report within 30 days. The City Attorney reported the review has cost $5,000 to date. CITY ATTORNEY REPORTS ITEM #42 - Res. #99-51 - Releasing right to repurchase real property owned by Espana Business Center, a Florida General Partnership, located in the Clearwater Industrial Park This resolution was prepared to release any rights the City may have to repurchase real property owned by Espana Business Center, a Florida general partnership. When the City sold the real property to George Hunt, Inc., protected covenants were applied to all property in the Clearwater Industrial Park. One covenant provides the City the right to repurchase property not developed for industrial purposes. The real property was transferred to Espana Business Center and developed for industrial purposes. The firm requests the City to formally release its right to repurchase the property. All other Protective Covenants remain in full force and effect. The City Attorney presented Resolution #99-51 and read it by title only. Commissioner Hooper moved to pass and adopt Resolution #99-51 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Hart and Aungst. "Nays": None. ITEM #43 - Other City Attorney Items – None. ITEM #44 - City Manager Verbal Reports The City Manager reported Fran Briskman had resigned from the Fire Task Force and requested the City Commission appoint one of the alternates as a replacement. Commissioner Hart moved to appoint Doug Williams. The motion was duly seconded and carried unanimously. ITEM #45 - Other Commission Action Commission members wished the City, residents, staff, and each other Happy Holidays and a happy and safe New Year. Commissioner Clark recommended appointing a committee to study issues and make recommendations related to the Phillies agreement, which expires in 3 years. Commissioner Clark moved to appoint a blue ribbon panel to study issues related to the Phillies agreement. The motion was duly seconded and carried unanimously. Discussion ensued regarding the committee’s responsibilities. Consensus was for the committee to operate under the Sunshine Law so it can make recommendations. Commissioner Hooper complimented the County for landscaping installed on Drew Street near SPJC. Commissioner Hooper complimented the Wilson Company on the Wellington Apartments on Drew Street. Commissioner Hooper asked that people be aware of the many events going on in downtown over the weekend and that they be patient regarding congested traffic. Commissioners Hooper and Johnson thanked Nancy Hart and Karen Aungst for providing assorted treats tonight. Commissioner Hart requested the schedule for the 6-month review of Development Code. It was reported the review is scheduled for March 2000. Commissioner Hart requested scheduling a meeting to determine a location for the Main Library. Commissioner Hart said he has the highest regard for each of his fellow Commissioners, enjoys working with them, and looks forward to the new year. Mayor Aungst reported the Finance Department had been presented an award for excellence. Mayor Aungst reported the Library was rated first nationally for research requests and thirtieth overall. Mayor Aungst stated he had participated in the Bayview Gardens Parade. Mayor Aungst invited residents to attend concerts on Saturday followed by the illuminated boat parade. Concert tickets are limited. Mayor Aungst invited residents to attend the dedication of Cherry Harris Park on Saturday. Mayor Aungst invited residents to attend the Millennium celebration at Coachman Park on December 30, 1999. ITEM #46 - Adjournment The meeting adjourned at 10:11 p.m.