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01/20/2000CITY COMMISSION MEETING CITY OF CLEARWATER January 20, 2000 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 Hart offered the invocation. The Mayor led the Pledge of Allegiance. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. ITEM #3 - Service Awards - None. ITEM #4 - Introductions and Awards - None. ITEM #5 - Presentations The City Manager presented a Clearwater Beach entryway plaque to Sheila Cole of the Clearwater Beach Chamber of Commerce. The Mayor displayed the plaque and reported Places Rated Almanac had rated the Tampa Bay area as the 4th best place to live in the United States. ITEM #6 - Approval of Minutes Commissioner Johnson moved to approve the minutes of the regular meeting of December 9, 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 Roy Cadwell hoped Commissioners accomplish their goals in 2000. He felt the City should not charge residents for sewer and waste removal services when they are out of town. Thomas Recanto said the Curtis Street subdivision is interested in annexation but found it too expensive. Staff to provide analysis. John Pimenidis presented a petition opposing a truck route along East Shore Drive. David Sinsere and Robert Minton, of the Lisa McPherson Trust, requested fair treatment from the City and expressed concern staff not interfere with their plans to oppose Scientology. Jack Alvord requested public hearings re code changes and asked that they address the project proposed next to Bayview. He questioned the source for a statement that septic tanks pollute. Paul Gibson complimented the Commission and City Manager regarding redevelopment and infrastructure improvements. He said Scientologists are a positive force Downtown. John Cabias opposed actions by the Lisa McPherson Trust. Clarence Davies, Donald Dillan, Bob Scheffler, and Scott Freeman spoke in support of retaining the Clearwater Golf Park. PUBLIC HEARINGS ITEM #8 - Public Hearing & First Reading Ords. #6485-00, #6486-00 & #6487-00 - Annexation, Land Use Plan Amendment to Residential Low & LMDR Zoning, 1735 West Manor Ave., Clearwater Manor, Lot 39 (Nabil & Nadia Youssef, A99-21)(PLD) The applicant has requested annexation to receive City water and sewer service. The property at 1735 West Manor Avenue will have a Land Use Plan designation of Residential Low and zoning of Low Medium Density Residential (LMDR). The Community Development Board unanimously endorsed the request. Commissioner Hooper moved to approve the Petition for Annexation, Land Use Plan Amendment to Residential Low and Zoning Atlas Amendment to Low Medium Density Residential (LMDR) for Lot 39 Clearwater Manor in Section 6-29S-16E. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6485-00 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance #6485-00 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 #6486-00 for first reading and read it by title only. Commissioner Hooper moved to pass Ordinance #6486-00 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 #6487-00 for first reading and read it by title only. Commissioner Hooper moved to pass Ordinance #6487-00 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 - Annexation, Land Use Plan Amendment to Residential/Office Limited & Office Zoning for property located at 3150 McMullen Booth Rd., Sec. 21-28-16, M&B 23.10 (Robert & Nancy Hurst, A99-20)(PLD) Staff requested this item be continued. Commissioner Johnson moved to continue Item #9 to February 3, 2000. The motion was duly seconded and carried unanimously. ITEM #10 - Public Hearing - Res. #00-12 - Approving Development Agreement with Mandalay Beach Club, Ltd. (JMC Communities AKA Cheezum Development) (PLD) The subject 1.63-acre site is a priority candidate for redevelopment/revitalization on Clearwater beach. The 2-Phase redevelopment plan has 157 dwelling units in two 145-foot towers. On December 14, 1999, the CDB (Community Development Board) approved applications for flexible development approval and TDR (Transfer of Development Rights) and recommended vacating the North Gulfview Boulevard right-of-way. The Development Agreement outlines specific City and developer obligations designed to improve the area’s character and promote private sector development. City obligations include: 1) expand to at least 10 feet the sidewalks on North Mandalay Avenue’s west side; 2) install street trees and landscape N. Mandalay Avenue median consistent with Roundabout landscaping; 3) relocate overhead utility lines along N. Mandalay, Papaya Street, and San Marco Avenue; 4) repave and construct cul-de-sacs at western ends of Papaya Street and San Marco Avenue; 5) cooperate to modify previous settlement agreement to increase development height from 80 to 145 feet; 6) TDR to permit up to 157 dwelling units on site in exchange for an equal number of rights to be transferred from applicant’s Meridian property on Sand Key; 7) assist in remodeling/redeveloping or acquiring commercial parcels in Phase 3 on west side of N. Mandalay Avenue upon developer’s request; 8) consider vacation of N. Gulfview Boulevard between San Marco and Papaya; and 9) process permits for on-site sales office (complete). The proposal complies with the standards for development agreement and is consistent with beach redevelopment strategies. On January 19, 2000, the CDB recommended approval of the development agreement. The City Commission will determine if the development agreement is consistent with and furthers the goals, policies and objectives of the Comprehensive Plan. Senior Planner Ralph Stone estimated revenues to the City associated with the project will be $300,000 annually. In response to a question, he reviewed the TDR from Sand Key to the City parking lot, within one mile of the Meridian development. The City Commission had declared the parking lot surplus and transferred 9 units to the Mandalay Club Development in exchange for the 9 units transferred from the Meridian. The City is neither creating nor managing a pool of units. The transaction was based on the value of the units. The City Attorney agreed the process was consistent with the City Charter and Ordinance. In response to a question, she said a settlement agreement delineates how the beach area west of the project can be used. The beach will remain open to public use. Ed Armstrong, representative, said the document under City Commission consideration is identical to the presented to the Commission on October 7, 1999. Two residents spoke in opposition to the current development agreement. One resident was concerned the project would take space from his business, which is not the case. It was noted a massive structure could be constructed on this property. In response to a question, Mr. Stone said due to the flood plain, a building could be 120 feet high without a variance. It was noted the proposed design is preferable as it provides 100-foot wide view corridors. In response to a question, Charlie Siemom, of Siemon & Larsen, said it is difficult to attract a major hotel in a pioneering area. Once completed, the area’s character will change as it becomes a neighborhood. This proposal is the only serious one received. Mr. Stone said this property is in the tourist district, which has relatively intense development. He opposed encroaching into the residential area, as the historic single family neighborhood to the north is critical to the community’s stability. It was noted the project will attract new retail businesses. Commissioner Hooper moved to approve a development agreement between the Mandalay Beach Club, Ltd., and the City. The motion was duly seconded. Commissioners Johnson and Hooper and Mayor Aungst voted “Aye”; Commissioners Clark and Hart voted “Nay.” Motion carried. The City Attorney presented Resolution #00-12 and read it by title only. Commissioner Johnson moved to pass and adopt Resolution #00-12 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Hooper and Aungst. "Nays": Clark and Hart. Motion carried. ITEM #11 - Public Hearing & First Reading Ord. #6478-00 - Vacating 50' r-o-w of N. Gulfview Blvd., lying north of Papaya Street (AKA Palm Street) & south of San Marco Street (AKA Mangrove Street) (Mandalay Beach Club, Ltd., V00-01) (JMC Communities AKA Cheezum Development) (PW) The applicant proposes to use the right-of-way and adjacent properties to construct a 157-unit condominium project. City utilities within this right-of-way will be relocated during development at owner/developer expense. Staff recommends vacating the right-of-way, subject to retaining a 4-foot drainage and utility easement along the East property line. Florida Power does not object, provided adequate easement is granted. Time Warner and GTE Media Ventures do not object, provided their facilities are relocated at owner/developer expense. GTE does not object, provided their facilities are relocated at owner/developer expense and an adequate easement is provided. Commissioner Johnson moved to approve the applicant’s request to vacate the 50-foot right-of-way of North Gulfview Boulevard lying north of Papaya Street, AKA Palm Street, and south of San Marco Street, AKA Mangrove Street. The motion was duly seconded. Commissioners Johnson and Hooper and Mayor Aungst voted “Aye”; Commissioners Clark and Hart voted “Nay.” Motion carried. The City Attorney presented Ordinance #6478-00 for first reading and read it by title only. Commissioner Hooper moved to pass Ordinance #6478-00 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Hooper and Aungst. "Nays": Clark and Hart. Motion carried. ITEM #12 - Public Hearing & First Reading Ord. #6476-00 - Vacating 60' r-o-w of Third Avenue South, lying east of US19 & west of Chautauqua Avenue (formerly Main Street), subject to retaining full 60' as a drainage & utility easement (Dimmitt, V99-13)(PW) In his January 19, 2000 letter, representative Harry Cline requested this item be continued for one month. Commissioner Clark moved to continue Item #12 to February 17, 2000. The motion was duly seconded and carried unanimously. ITEM #13 - Public Hearing - Res. #00-05 - dedicating portion of Drew Plaza Park as public r-o-w, declaring said r-o-w as surplus to City needs, and authorizing execution of Purchase Agreement for its conveyance by City deed to FDOT to be used for transportation purposes (PW) FDOT (Florida Department of Transportation) has requested the City dedicate the subject parcel as public right-of-way and sell it to FDOT for $2,000 to facilitate widening Drew Street between NE Coachman Road and Highland Avenue. The 584-square foot triangular parcel is at the corner of Drew Plaza Park, a 40-foot by 400-foot linear park at the northwest corner of Drew Street and Hercules Avenue, and is Recreation/Open Space. Section 2.01(d)(5) of the City Charter allows the City Commission to dedicate right-of-way from Recreation/Open Space properties without prior approval by voters at referendum. The Charter also provides that the City may transfer surplus property to another governmental entity if, after an advertised public hearing, the City Commission finds a valid public purpose for the transfer. An appraisal performed for FDOT and updated on June 9, 1999 values the parcel at $2,000. FDOT has requested the City approve a Purchase Agreement for the appraised value and, at closing, convey the parcel to FDOT for the State-funded Drew Street improvement project. Concern was expressed Drew Road is in poor condition and that needed repairs cannot be delayed for 5 years. The City Manager said staff is working with FDOT for the State to perform the overlay sooner than scheduled. Commissioner Clark moved, in compliance with Section 2.01 (d)(5) of the City Charter, to dedicate a 584-square foot, more or less, triangular portion of Drew Plaza Park as right-of-way, declaring said parcel as surplus to City needs, approve a Purchase Agreement with FDOT for the sale of said parcel for $2,000, and authorize its conveyance to FDOT by City Deed, and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #00-05 and read it by title only. Commissioner Clark moved to pass and adopt Resolution #00-05 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Hart and Aungst. "Nays": None. ITEM #14 - Public Hearing & First Reading Ord. #6491-00 - MDR Zoning, 608 Orange Ave., Starr & Savery's Addition to Clearwater, Blk 6, Lot 1 (Jerry & Lynda Gilliam, Z99-05)(PLD) The applicant had requested rezoning from Low Density Residential (LDR) to Medium Density Residential (MDR) on approximately 0.21 acres at 608 Orange Avenue. The site is developed with a Single Family Residence on the east platted lot and the second platted lot to the west fronting Lime Avenue, is vacant. Staff feels the proposed land use amendment and rezoning is consistent with the Comprehensive Plan Future Land Use. The proposed amendment is compatible with surrounding residential and institutional uses. Sufficient public facilities can accommodate the proposed use. The proposed rezoning is in character with surrounding uses and will not affect the use of other area properties. Assistant Planning Director Cyndi Hardin said property owner, Jerry Gilliam, had written the City a letter amending his request to rezone his property to Low Medium Density. The CDB (Community Development Board) will consider the zoning request and site plan for two houses on February 15, 2000. It was stated neighborhood residents had concerns rezoning would allow future owners of the property to develop the site with multi-family units. Ms. Hardin reported Low Medium Density allows attached housing with a maximum of 3 units on the site. Future changes to the property’s development would require CDB approval of a new site plan. She stated Mr. Gilliam does not own the property north of the site. It was noted the City Commission had received many letters opposing the rezoning request. Ms. Hardin said the rezoning request must be readvertised as it has been amended. Mr. Gilliam stated he had purchased 2 separately deeded lots with the intention of renovating the existing house and constructing a single-family residence on the second lot. He said his original rezoning request was based on a miscommunication with staff. In response to a question, Ms. Hardin said the new 2,200 square feet house will have 2 stories. Zoning setbacks require 25 feet in the front, 15 feet in the rear, and 5 feet on the sides. The front setback variance requested would align the house with neighboring properties. In response to a question, Mr. Gilliam said the existing 2-story, 2,017-square foot residence previously housed multi-family units. Currently, it is a single-family house. The site plan has not been filed. One resident spoke in opposition to the zoning change. Commissioner Hooper moved to continue Item #14 to February 17, 2000. The motion was duly seconded and carried unanimously. ITEM #15 - Public Hearing & First Reading Ords. #6492-00 & #6493-00 - Land Use Plan Amendment to Commercial General & Commercial Zoning, 2463 Gulf to Bay Blvd., Sec. 18-29-16 (Sunny Grove Mobile Home Park, Inc., Z99-04)(PLD) The applicant is requesting a Land Use Plan Amendment from Residential Low Medium (RLM) to Commercial General (CG) and a zoning change from Mobile Home Park (MHP) to Commercial (C) for an approximately 1.61 acre site at 2463 Gulf-to-Bay Boulevard. The site is developed with mobile homes. No relocation of residents will be necessary at this time. The proposed land use amendment and rezoning is consistent with the Clearwater Comprehensive Plan Future Land Use Objective 2.5. Staff feels the proposal is compatible with surrounding retail, office, and mobile home park uses. Sufficient public facilities can accommodate the proposed use. As the current LOS (level of service) for Gulf-to-Bay Boulevard is at its lowest grade, the change may increase congestion. The change will not impact the environment. Residents will not need to be relocated and will be allowed to live at their existing location. The property owners are responsible for following the proper process if a future relocation is necessary. Clearwater would have sufficient facilities to accommodate any future potential relocation should it become necessary. The CDB recommended approval unanimously. Frank Struchen, owner, said he has no plans to move anyone out of his mobile home park. He said the requested zoning change will allow him to park RVs on lots too small to accommodate mobile homes. Twenty-five mobile homes will be affected. Mr. Sturchen stated he owns the majority of subject mobile homes and that the park has room to accommodate the 7 owner occupied units. Commissioner Johnson moved to approve a Zoning Atlas Amendment from Mobile Home Park (MHP) to Commercial (C) and approve a Land Use Plan Amendment from Residential Low Medium (RLM) to Commercial General (CG) for 2463 Gulf-to-Bay Boulevard. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6492-00 for first reading and read it by title only. Commissioner Hooper moved to pass Ordinance #6492-00 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 #6493-00 for first reading and read it by title only. Commissioner Johnson moved to pass Ordinance #6493-00 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 #16 - Ord. #6494-00 – Relating to Employees Pension Plan; amending Sec. 2.393 of Code of Ordinances to amend or delete definitions; amending Sec. 2.397 of Code to amend benefits under the plan; providing for referendum election relating to the pension plan The City Attorney presented Ordinance #6494-00 for second reading and read it by title only. Commissioner Clark moved to pass and adopt Ordinance #6494-00 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Clark, Hooper, Hart and Aungst. "Nays": Johnson. Motion carried. ITEM #17 - 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 The City Attorney presented Ordinance #6482-00 for second reading and read it by title only. Commissioner Clark moved to pass and adopt Ordinance #6482-00 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Clark, Hooper, Hart and Aungst. "Nays": Johnson. Motion carried. CITY MANAGER REPORTS CONSENT AGENDA (Items #18-36) – Approved as submitted. Consent Agenda items require no formal public hearing and are subject to approval by a single motion. However, any City Commissioner or the City Manager may remove an item from the Consent Agenda to allow discussion and vote on an individual item. ITEM #18 - Approval of Purchases & Declaration of Surplus per Purchasing Memorandum: Kaiser Pontiac-Buick GMC, Inc., one 2000 GMC Sonoma compact pickup truck (replacement), for use by Planning, $12,574.445; funding to be provided under City's Master Lease-Purchase Agreement (GSS) Don Reid Ford, two 2000 Ford Explorer 4x4 utility vehicles (replacement), for use by Police, $46,906; funding to be provided under City's Master Lease-Purchase Agreement (GSS) Bell Chevrolet, one 2000 Chevrolet Express 15-passenger van (previously approved addition), $22,374; funding to be provided under City's Master Lease-Purchase Agreement (FD) McLain Southland Equipment, one 2000 Mack front loader refuse collection truck (replacement), $143,318 (SW) Bobcat of Tampa Bay, one 2000 Bobcat Model 863 loader (replacement), $18,821; declare surplus and authorize trade-in, one 1996 Ford New Holland loader (SW) Ring Lift, one 2000 Caterpillar Model DP25K forklift (replacement), $15,293; declare surplus and authorize trade-in, one 1995 Mitsubishi FG-M forklift (G-1509)(SW) Spartan Oil Company, diesel fuel for use in equipment operated by various departments, 1/21/00-12/15/00, estimated $400,000 (GSS) Petroleum Traders Corporation, unleaded vehicle fuel for use by all departments operating motorized equipment, 1/21/00-12/15/00, estimated $350,000 (GSS) Additional Payment of $2,975 to increase total contract with People Map Training a/k/a E. Michael Lillibridge from $25,000 to $27,975, for consulting services provided from 1/13/99-1/31/00 (CM) Miller Bearings Inc., 1st of 2 extensions, miscellaneous bearings, seals & related items for use at all WPC facilities, 1/21/00-1/31/01, estimated $50,000 (PW) Smith Fence Company, control gates to be located at 3 WPC facilities & 1 at Public Service Complex, $57,795 (PW) Tampa Bay Engineering, utility design & subsurface engineering services, 1/21/00-11/12/02, estimated $275,000 (GAS) ITEM #19 - Amendment to Interlocal Agreement with Pinellas County providing for joint management of an Economic Analysis for north central portion of City commonly referred to as the Hercules Industrial Area, to change date to 3/1/2001 (ED) ITEM #20 - Five Year Agreement with Grubbs Construction Company, to provide post-disaster assistance to ensure economic recovery of affected areas of the City if the community sustains major damage beyond City's ability to handle within available resources currently maintained; initial contract cost of $100 (FD) ITEM #21 - Contract to Temple, Inc. for purchase of 3M OptiCom Traffic preemption equipment for 20 fire vehicles & 20 intersections in the City, amount not to exceed $60,840; funding to be provided under City's Master Lease-Purchase Agreement (FD) ITEM #22 - Ratify/Confirm City Manager's decision to award emergency contract to McMullen Oil Company Inc., for purchase of vehicle fuel, estimated $50,000 (GS) ITEM #23 - Agreement with Lockheed Martin, IMS Pinellas WORKS, for administration of City's 2000 Weed and Seed Challenge Program and 2000 Summer Youth Employment Program, for $112,500 (HM) ITEM #24 - Memorandum of Understanding in support of the One-Stop Career Center System (HM) ITEM #25 - Approve Assignment of Lease of Clearwater Airpark from current lessee, Clearwater Aircraft, Inc. to Day Tripper Aviation, Inc., with no changes in existing lease (MR) ITEM #26 - Contract to Public Safety Management for police field reporting software (FRS) for $392,750 and records management system (RMS) for $124,625, for total cost not to exceed $517,375; authorize loan from Central Insurance Fund in the amount $124,625 to be paid back over 5 years with interest at cash pool rate (PD) ITEM #27 - Approve acceptance of Local Law Enforcement Block Grant (LLEBG) funding for 2 years, from U.S. Dept. of Justice/Bureau of Justice Assistance, in the amount $308,250 (PD) ITEM #28 - Contracts to: Sierra Wireless for modems, cost not to exceed $180,000 & GTE for cellular digital packet data (CDPD), cost not to exceed $90,000 (PD) ITEM #29 - Authorize $100,000 disbursement to Clearwater Homeless Intervention Project (PD) ITEM #30 - Contract to construct an activity pool with water playground amenities for Morningside Pool to Aquamarine Swimming Pool Company for $58,416 (PR) ITEM #31 - Interlocal Agreement re reclaimed water supply with Pinellas County, 12 year term (PW) ITEM #32 - Contract to Dames & Moore for continuation of contamination assessment activities at former Annex site, as directed by FDEP, $65,310 (PW) ITEM #33 - Contract to Kamminga and Roodvoets, Inc., sanitary sewer replacement on Glenwood Avenue, in vicinity of Palmetto Street, $163,744.35 (PW) ITEM #34 - Third Amendment to Agreement with SWFWMD for funding for Coopers Point Restoration, to extend term to 12/31/00 (PW) ITEM #35 - Sidewalk & Utility Easement - 10' easement along portion of S. Greenwood Ave. (Clearwater Phase I Partners, Ltd.)(CA) ITEM #36 - Settlement - Scott v. City, in exchange for full release and dismissal of the case with prejudice, City to pay estate $100,000 (CA) Commissioner Johnson 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. The Commission recessed from 7:37 to 7:55 p.m. OTHER ITEMS ON CITY MANAGER REPORT ITEM #37 - (Cont’d from 12/6/99) Acknowledge intent of CRA to Accept Proposal submitted by The Balk Company, Inc., subject to negotiation of a development agreement (ED) In accordance with State law, the CRA is notifying the City Commission of its intent to accept the proposal submitted by The Balk Company, Inc., subject to negotiation of a development agreement. This action does not constitute acceptance of the proposal. Commissioner Hooper moved to acknowledge the intent of the CRA to accept the proposal submitted by the Balk Company, Inc., subject to negotiations of a development agreement. The motion was duly seconded. Commissioners Hooper, Clark, and Hart and Mayor Aungst voted “Aye”; Commissioner Johnson voted “Nay.” Motion carried. ITEM #38 - First Reading Ord. #6501-00 - reducing number of members on Library Board from 9 to 7 (LIB) On November 19, 1999, Library Board members unanimously recommended reducing membership on the Library Board from 9 to 7 effective January 1, 2000, with the term expiration of two board members. Commissioner Clark moved to reduce the number of members on the Library Board from 9 to 7. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6501-00 for first reading and read it by title only. Commissioner Johnson moved to pass Ordinance #6501-00 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 #39 - Res. #00-02 - authorizing execution of Mutual Aid Agreement for Marine Patrol Services; approve Agreement to allow Sheriff to enforce city ordinances relating to waterways and operation of vessels & waterborne aircraft within City (PD) Chapter 23, Florida Statutes, authorizes mutual aid agreements between law enforcement agencies to render voluntary assistance of a routine law enforcement nature to one another across jurisdictional lines. This agreement renews the prior Mutual Aid Agreement between the City and Sheriff. In return for free dock and office space from the City, the Sheriff agrees to enforce boating ordinances on waterways within municipal limits. The Sheriff agrees to assume all of the agency’s operational costs related to any assistance provided with no financial charge to the City. Commissioner Hooper moved to authorize the City Manager to execute a mutual aid agreement between the City and Pinellas County Sheriff’s Office to allow the Sheriff to enforce City ordinances related to the waterways and operation of vessels and waterborne aircraft within the City and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #00-02 and read it by title only. Commissioner Johnson moved to pass and adopt Resolution #00-02 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 #40 - Mandalay Avenue options (PW) Various options have been proposed for the roadway cross-section when Mandalay Avenue streetscape improvements are implemented. Based on input from the public, the City’s consultant for beach redevelopment, and City staff, alternatives were narrowed to: 1) Option 1 – four 10-foot travel lanes, 4-foot wide landscaped median, two 14-foot wide sidewalks, parallel parking on west side and 2) Option 2 – four 10-foot travel lanes, 10-foot wide landscaped median, two 15-foot wide sidewalks, no on-street parking. Staff seeks direction regarding the preferred option. The City Manager reviewed the options and reported the design process will begin in January 2001. Commissioner Johnson moved to direct staff to pursue Option 1 for Mandalay Avenue improvements - roadway cross-section to be 4 10-foot lanes for traffic, 8-foot wide parallel parking on west side, 4-foot wide landscape median, and 14-foot wide sidewalks. The motion was duly seconded. A preference for one-travel lane in each direction was expressed. It was stated traffic calming along Mandalay Avenue is mandatory. Upon the vote being taken, the motion carried unanimously ITEM #41 - Lease Agreement with Clearwater Country Club, Inc. for operation of property currently known as Clearwater Country Club Golf Course, 05/01/02-04/30/32, pending repeal of 60 year lease limit or change of corporate name by Clearwater County Club, Inc. (PR) CCC (Clearwater Country Club) has operated the site since June 1, 1937. The current lease expires on April 9, 2002. The National Golf Foundation Consulting Inc.’s August 1999 analysis of the City’s municipal golf courses recommended the City continue to lease CCC to its members. On September 16, 1999, the City Commission directed staff to negotiate a long-term lease with CCC. Staff has completed lease negotiations with the club. Key items in the tentative lease agreement: 1) City residents shall be given a preferential daily green fee rate reduction equal to 10% of the established green fee; 2) annually, CCC shall pay the City 3% gross annual revenue as property rental fee. Gross revenue defined to include all revenue sources. The first year fee is estimated to be $74,000; 3) if CCC constructs a new clubhouse, City agrees to reduce rental to 1% of gross revenue annually for the first 10 years (approximately $49,000 annually), then 2% annually for second 10 years (approximately $24,500 annually); 4) City has option to purchase all CCC property upon termination or expiration of lease. Purchase shall be for assessed value as determined by the official records of the Pinellas County Property Appraiser; 5) CCC to supply annual audit to City by a Certified Public Accountant; and 6) CCC obligated to pay any Federal, State, or local taxes, and fees for the term of the lease. Commissioner Clark declared a conflict of interest as CCC is a client of his business. Commissioner Johnson moved to approve a 30-year lease between the Clearwater Country Club, Inc., and the City for the operation of the property currently known as Clearwater Country Club Golf Course, pending repeal of 60-year lease limit or change of corporate name by Clearwater Country Club, Inc., and that the appropriate officials be authorized to execute same. The motion was duly seconded. Concern was expressed without a RFQ, the City cannot know if the agreement represents a good deal for the City. It was felt the City should be guaranteed a minimum fee. As the agreement does not require CCC to construct a new clubhouse, concern was expressed the City must depend on the club’s management for its success. It was noted club members must approve a new clubhouse. In response to a question, Parks & Recreation Director Kevin Dunbar said staff had used the August 1999 analysis when negotiating the lease. He estimated membership dues will increase from $840 to $1350 annually if CCC builds a new clubhouse. CCC is a semi private golf club without amenities found at country clubs. Upon the vote being taken, Commissioners Johnson and Hooper and Mayor Aungst voted “Aye”; Commissioner Hart voted “Nay.” Commissioner Clark abstained. Motion carried. ITEM #42 - First Reading Ord. #6498-00 - Relating to Occupational License Fees; amending Appendix A, Schedule of Fees, Rates & Charges by 5% increase in fees and amending administrative fee charges (PLD) In 1995, the City Commission adopted an ordinance that restructured and increased the City’s Occupational License fees under the guidelines of State Statute 205.013, et seq. as amended by a law signed into effect in 1993. The City Commission appointed an Equity Study Commission to review the City’s Occupational License fees and make recommendations. The recommendations were included in an ordinance later adopted by the City Commission. State law allows municipalities to increase their Occupational License fee rates up to 5% every other year after the City’s 1995 ordinance. The City Commission adopted the first 5% increase in 1997. This proposal meets the two-year provision. The increase will generate approximately $80,000 of additional revenue. Part of this revenue was included in the FY (fiscal year) 1999/2000 budget. The estimate is based on historical data from 3 previous years. In response to a question, Building Official Kevin Garriott said new positions will meet customer needs in-house and provide correspondence and data entry services, allowing inspectors to spend more time and be more effective in the field. These fee increases will cover the costs related to the new positions. In response to a question, Planning & Development Services Administrator John Asmar said projections are based on history and conservative assumptions from Finance staff. He said expenses for future years will be covered by increased growth and recommended the City be proactive to meet demand anticipated during the next year. He noted the department has a large task collecting fees. In response to a question, Mr. Garriott said fee increases had been rounded off. Concern was expressed the fee structure, based on inventory, unfairly burdens City merchants. It was stated licenses for Largo and St. Petersburg merchants are much less expensive. It was requested the City seek legislative relief for this inequity and research ways to provide relief to merchants and other affected groups. Commissioner Johnson moved to revise Appendix A, Occupational License Fees, Code of Ordinances. 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 Ordinance #6498-00 for first reading and read it by title only. Commissioner Hooper moved to pass Ordinance #6498-00 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Hooper, Hart and Aungst. "Nays": Clark. Motion carried. ITEM #43 - First Reading Ord. #6499-00 - Relating to Building & Development Regulations; amending Appendix A, Schedule of Fees, Rates & Charges, Relating to Sec. 47.084(4) (PLD) In 1996, the City Commission approved a 5% adjustment to the building fee schedule, which generated approximately $45,000 in projected revenues for FY 1996/97. Enhancements to permitting fees are allowed by ordinance and done routinely to cover programs and services. Staff proposes an increase in building permit fees. A comparison of fees with nearby municipalities was completed. Staff recommends a fee enhancement will: 1) raise level of customer service; 2) ensure code compliance with Community Development Code; and 3) collect legitimized data as performance measurement benchmarks. Proposed accomplishments are dependent on proposed resources and new personnel to provide the desired level of service. Proposed adjustments of 5% will generate at least $60,000 for FY 1999/2000. Considering the projected growth rate, staff anticipates the City also will receive $24,600 additional for a total of $84,600 of unanticipated revenues above the approved budget. Commissioner Johnson moved to revise Appendix A, Building permit Fees, Code of Ordinances. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6499-00 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance #6499-00 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 #44 - Approve 4 full time equivalent positions for Planning & Development Services Administration associated with increased services & fees, with annual cost of $104,600 (PLD) Planning & Development Services Administration requests approval of 4 new FTE (full-time equivalent) positions associated with agenda items increasing occupational license and building permit fees. The department has depended on temporary help to meet customer demands. The 4 FTEs, 2 Staff Assistants and 2 Customer Service Representatives, would improve department efficiency and effectiveness. Current practices are not cost effective nor do they meet customer demands as temporary employees cannot deal with associated technical issues and have a large turnover rate. The fee increases will cover costs associated with the new positions needed to meet the City’s advanced state of active redevelopment. Additional costs associated with new personnel and equipment are estimated to be $104,562 and will be covered by revenue enhancements from increased occupational licensing enforcement and fees, increased building permit fees, and development levels higher than expected. Commissioner Hooper moved to approve four full-time equivalent positions for Planning & Development Services Administration associated with increased services and fees, with an annual cost of $104,600. The motion was duly seconded and carried unanimously. ITEM #45 - Marine Advisory Board - 1 appointment (CLK) Commissioner Clark moved to reappoint William Wilhelm. The motion was duly seconded and carried unanimously. ITEM #46 - Other Pending Matters - None. CITY ATTORNEY REPORTS ITEM #47 - Res. #00-01 - Demolition Lien - 1016 N. Greenwood Ave., Palm Park Addition to Clearwater, part of Lot 32 (Maggie M. Bridges Estate - c/o Carlton McCray) The City Attorney presented Resolution #00-01 and read it by title only. Commissioner Clark moved to pass and adopt Resolution #00-01 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 #48 - Res. #00-09 - stating intent of City Commission to initiate conflict resolution procedures with the City of Largo; specifying issues of conflict with the City of Largo; directing City Manager to provide a statutorily mandated letter and certified copy of this resolution to the City Manager of the City of Largo 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. The PPC (Pinellas Planning Council) staff concurs with Clearwater’s position. Largo has voted to annex property on the northwest corner of the Belcher/Belleair intersection. The City Attorney said Largo’s City Attorney had indicated County interest in a conflict between the City of Largo and City of Pinellas Park by disputing Largo’s practice of requiring the annexation of properties before providing sewer service. Although the City had won this issue in court previously, the City Attorney indicated the City may again need to become involved in the process. She said approval of this item will allow the dispute resolution process to begin. It was noted the PPC is working to establish annexation boundaries. It was stated annexation requirements tied to sewer service may not always be possible. Commissioner Hooper moved to state the City Commission’s intent to initiate conflict resolution procedures with the City of Largo, specify issues of conflict with the City of Largo, and to direct the City Manager to provide a statutorily mandated letter and certified copy of this resolution to the City Manager of the City of Largo. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #00-09 and read it by title only. Commissioner Hooper moved to pass and adopt Resolution #00-09 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 #49 - Other City Attorney Items - None. ITEM #50 - City Manager Verbal Reports - None. ITEM #51 - Other Commission Action Commissioner Hart requested a name clarification regarding reference to Clearwater’s beach. Concern was expressed no record of related discussions exist. Discussion ensued. The City Manager stated the legal name never changed. Commissioner Hart moved to approve calling the beach Clearwater beach, not Clearwater’s beach. The motion was duly seconded. Commissioners Johnson, Clark, Hart, and Mayor Aungst voted “Aye”; Commissioner Hooper voted “Nay.” Motion carried. Commissioner Johnson thanked the Public Works Department for inviting him to their awards luncheon. Commissioner Hooper supported resolution of the Curtis Street subdivision’s request for annexation. Commissioner Hooper wished Mayor Aungst a Happy Birthday on Saturday. Commissioner Clark invited residents to attend the swing band performance at Station Square Park on January 28, 2000 at 5:00 p.m. Mayor Aungst thanked Terry Schmidt and staff for organizing the successful Millennium Celebration. Mayor Aungst congratulated Herb Brown for being named Mr. Clearwater. Mayor Aungst thanked staff for inviting him to participate in the reader program at Countryside Library. Mayor Aungst said the Martin Luther King parade and dedication of the Cherry Harris Park were successful events. Mayor Aungst announced the Clearwater Aquarium’s fundraiser at the Harborview Center on January 22, 2000. ITEM #52 - Adjournment The meeting adjourned at 8:29 p.m.