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03/02/2000CITY COMMISSION MEETING CITY OF CLEARWATER March 2, 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 Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Brenda Moses Board Reporter The Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation was offered by Deacon Albert Tibbetts of St. Cecelia's Catholic Church. The Mayor led the Pledge of Allegiance. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. ITEM #3 - Service Awards - None. ITEM #4 - Introductions and Awards Proclamation: Celebrate Clearwater Neighborhoods Day - 4/8/00 ITEM #5 - Presentations a) Representative John Morroni - check to Public Library Foundation Representative John Morroni presented a check for $3,000 to the Clearwater Library system and thanked the City and Dr. Arlita Hallam and her staff for supporting the Sixth Annual Firefighter and Policeman’s Dinner Award in January. He said this is his last year as State Representative for District 50 and he has enjoyed his tenure and working with the City over the years. b) YMCA Suncoast YMCA CEO Steve Tarver and District Director and Clearwater YMCA Supervisor Jan Smith presented a history and overview of the YMCA of Clearwater. They said as the YMCA is owned by the citizens, it is important to continue the partnership between the City and the YMCA. Police Department Presentation – Roundabout and Beach Traffic Control Deputy Police Chief Dewey Williams presented an overview of the Police Department’s plans to control traffic on the beach during Spring Break. The plan will be in operation for 8 weeks from March 4 – April 30, 2000, and will be adjusted as necessary. In response to a question, Mr. Williams said one option of the plan is to direct the right lane going into Mandalay Avenue or Poinsettia for northbound traffic and the left lane used primarily for traffic going to the south beach. An officer will be stationed in the area to assist moving the traffic along smoothly. Concern was expressed that people will stop to ask Police officers for directions rather than allow them to direct traffic. ITEM #6 - Approval of Minutes Commissioner Johnson moved to approve the minutes of the regular meeting of February 17, 2000, 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 Paul Johnson, Punta Gorda resident, presented the Commission with a copy of Punta Gorda’s general development agreement to redevelop their City. He hopes that Clearwater does not make the same mistakes as did Punta Gorda. Bill Jonson asked if the City has a date certain for removal of the remainder of the Eller Media billboards and suggested the City consider removing them. John Doran said he feels the Roundabout works better than the previous roadway system. He suggested addressing the problem of fender-benders on the Roundabout. Jay Keyes announced that the Clearwater Beach Association is holding a fund-raiser on May 7, 2000, to roast City Manager Michael Roberto. Tickets are $50 a person for dinner, entertainment by G. David Howard, and a silent auction. In response to a comment regarding the Eller Media billboards, City Attorney Pam Akin said Eller’s attorney has indicated one of the billboards will be removed next week and the others within 45 days. Although through no fault of the sign company, the processing time for permits for bus shelters was delayed. As Eller has acted in good faith, Ms. Akin recommended the City agree to the 45-day extension. Ms. Akin did not know which billboard will be removed next week or the schedule for removal of the others. It was remarked that if none of the signs are removed within 2 weeks, the Commission can reconsider the issue at their next meeting. Staff will report on the matter at the next meeting. PUBLIC HEARINGS ITEM #8 - Public Hearing - Declare surplus for purpose of selling for highest bid amount above $14,000, 606 Cedar Street, J. J. Eldridge Sub., Blk D, W½ of Lots 43 & 44 (PW) The City acquired the subject property on August 14, 1998, by Certificate of Title issued by the Clerk of the Circuit Court of Pinellas County in award of a judgment of foreclosure. The Judgment was awarded in a City suit filed to foreclose its interests in a Community Development Block Grant (CDBG) mortgage given by Nicey McKay Larry, now deceased, to secure a housing rehabilitation loan. The judgment amount awarded the City was for $16,063.32, including the unpaid principal amount of the mortgage, accrued interest, unpaid utilities, and court costs. The now vacant 62 X 125-foot lot is zoned “C” – Commercial District. The Land Use Plan designates the parcel and immediate surrounding area as Commercial General District. Jerry Fiala, MAI, of Appraisal Associates of Tampa Bay, Inc. appraised the lot at $14,000 on December 21, 1999. This action to declare the property surplus is prompted by interest expressed from an adjoining property owner. No City department has expressed interest in using the parcel. Upon the lot being declared as surplus to City needs, it will be offered for sale by sealed bid in compliance with requirements of Section 2.01(d)(4) of the City Charter to the highest bidder meeting the minimum bid amount and other conditions of the declaration. Upon closing, sale proceeds will be credited to receivables in CHUD’s Deferred Payment Loans Code 686-00000-128165. Commissioner Hooper moved to declare as surplus, for the purpose of selling for the highest bid amount above $14,000, the west one-half of Lots 43 and 44, J. J. Eldridge Sub., Blk D, a/k/a 606 Cedar Street. The motion was duly seconded and carried unanimously. Public Hearing - Second Reading Ordinances ITEM #9 - Ord. #6495-00 - Annexation, 2238 & 2244 Drew St., Temple Terrace Sub., First Addition, Blk D, Lots 24 & 25 (Dolores S. Day A00-01) The City Attorney presented Ordinance #6495-00 for second reading and read it by title only. Commissioner Clark moved to pass and adopt Ordinance #6495-00 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 #10 - Ord. #6496-00 - Land Use Plan Amendment to Commercial General, 2238 & 2244 Drew St., Temple Terrace Sub., First Addition, Blk D, Lots 24 & 25 (Dolores S. Day A00-01) The City Attorney presented Ordinance #6496-00 for second reading and read it by title only. Commissioner Hooper moved to pass and adopt Ordinance #6496-00 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 #11 - Ord. #6497-00 - Commercial Zoning, 2238 & 2244 Drew St., Temple Terrace Sub., First Addition, Blk D, Lots 24 & 25 (Dolores S. Day A00-01) The City Attorney presented Ordinance #6497-00 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #6497-00 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 #12 - Ord. #6502-00 - Land Use Plan Amendment to Commercial General, 704 & 706 N. Myrtle Ave., 700 Eldridge St., & 703 Blanche B. LittleJohn Trail, portion of NE¼ of SE¼ of Sec. 9-29-15; R. H. Padgett's, Blk 2, Lot 4; part of Government Lot 3 in Sec. 9-29-15 (Koster, Parker, White & Carson, Jr., Z00-01) The City Attorney presented Ordinance #6502-00 for second reading and read it by title only. Commissioner Hart moved to pass and adopt Ordinance #6502-00 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 - Ord. #6503-00 - Commercial Zoning, 704 & 706 N. Myrtle Ave., 700 Eldridge St., & 703 Blanche B. LittleJohn Trail, portion of NE¼ of SE¼ of Sec. 9-29-15; R. H. Padgett's, Blk 2, Lot 4; part of Government Lot 3 in Sec. 9-29-15 (Koster, Parker, White & Carson, Jr., Z00-01) The City Attorney presented Ordinance #6503-00 for second reading and read it by title only. Commissioner Clark moved to pass and adopt Ordinance #6503-00 on second and final reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Johnson, Clark, Hooper, and Hart “Nays”: None Absent: Aungst ITEM #14 - Ord. #6504-00 - Annexation, 1939 Sunset Point Rd., Sec. 1-29-15, Pinellas Groves, part of Lot 3 (Daniel Silvie & Linda Pappas, A00-02) The City Attorney presented Ordinance #6504-00 for second reading and read it by title only. Commissioner Hooper moved to pass and adopt Ordinance #6504-00 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 #15 - Ord. #6508-00 - Land Use Plan Amendment to Commercial General, 1939 Sunset Point Rd., Sec. 1-29-15, Pinellas Groves, part of Lot 3 (Daniel Silvie & Linda Pappas, A00-02) The City Attorney presented Ordinance #6508-00 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #6508-00 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 #16 - Ord. #6509-00 - Commercial Zoning, 1939 Sunset Point Rd., Sec. 1-29-15, Pinellas Groves, part of Lot 3 (Daniel Silvie & Linda Pappas, A00-02) The City Attorney presented Ordinance #6509-00 for second reading and read it by title only. Commissioner Hart moved to pass and adopt Ordinance #6509-00 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 #17 - Ord. #6507-00 - Amending Community Development Code by amending Art. 8, Definitions and Rules of Construction, Sec. 8-102 by revising definition of Assisted Living Facility and Congregate Care to reflect that 3.0 beds are equivalent to 1 dwelling unit The City Attorney presented Ordinance #6507-00 for second reading and read it by title only. Commissioner Hooper moved to pass and adopt Ordinance #6507-00 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 #18-25) The following items require no formal public hearing and are subject to being approved in a single motion. However, any City Commissioner or the City Manager may remove an item from the Consent Agenda to allow discussion and voting on the item individually. ITEM #18 - Approval of Purchases per Purchasing Memorandum: Bell Chevrolet, one 2000 Chevrolet Chevy Express 15-passenger van (previously approved addition), $21,230; funding to be provided by City's Master Lease-Purchase Agreement (GS) Communications International, radio system hardware maintenance, 4/1/00-3/31/01, $100,284 (GS) Industrial Refuse Sales, roll-off containers, 3/2/00-3/31/01, est. $60,000 (SW) Enviroscapes Services Company, grounds maintenance, est. $29,400 (PR) Kaiser Pontiac-Buick GMC, Inc., two 2000 GMC Sonoma pickup trucks, $23,988.90; funding to be provided by City's Master Lease-Purchase Agreement (GS) ITEM #19 - Cancel contract with Wheeled Coach, Inc. for purchase of 2 transport capable rescue trucks; Award contract to Aero Products Corp. for purchase of 2 transport capable rescue trucks, for $284,466; authorize lease purchase under City's Master Lease-Purchase Agreement (FD) ITEM #20 - Assign Professional Management Service Agreement for Harborview Center to Globe Facilities Limited Partnership d/b/a Global Spectrum (QOL) ITEM #21 - Approve Cooperative Funding Agreement with SWFWMD & work scope submitted by Parsons Engineering Science Inc. to design & construct N. Greenwood Stormwater Retrofit Project, total project cost not to exceed $260,000 with City's share being $160,000 (PW) ITEM #22 - Approve work scope submitted by Parsons Engineering Science Inc. for development of Watershed Management Plan for Stevenson Creek Drainage Basin, total cost not to exceed $600,000 (PW) ITEM #23 - Contract for Storm Sliplining Repair Project to Westra Construction Corporation, $534,546.65 (PW) ITEM #24 - Interlocal Agreement with Pinellas County for Memorial Causeway Bridge replacement (PW) ITEM #25 - 2000 Federal 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 #26 - Approve conversion of 2 C-View contract television production supervision employees to full-time Equivalent positions (PCM) One position is budgeted in FY99/00 in the Public Communications and Marketing Personal Services budget; the other position is funded by Public Works Personal Services budget. The positions support production of monthly shows, Commission meetings, special videos and public service announcement production. One position is directly responsible for the production of the City Talk show, the lighting of all sets, and the production of additional videos and public service announcements. One position is directly responsible for the production of the Works in Progress show, videos and public service announcements on capital projects. Both employees have been working for the department since 1998, but under contract, do not share the same benefits as their counterparts. This change in status is being requested so that there is equity to all employees within the department. These positions significantly add to C-VIEW’s staffing to allow relief to the three other FTE’s. A concern was expressed that at a time when additional funding is needed for the Fire Department, the City cannot continue to increase non-essential personnel. In response to a question, Jackii Molsick, Public Communications and Marketing Director, said the 2 positions will not negatively impact her budget as they already were funded in the budget. She said 2 shows and the Clearwater Magazine have been discontinued and 1 freelance part time employee and 1 contract position has been eliminated. Commissioner Clark moved to approve conversion of 2 C-View contract television production supervision employees to full-time equivalent positions. The motion was duly seconded. Upon the vote being taken, Mayor Aungst and Commissioners Johnson, Clark, and Hooper voted “aye”; Commissioner Hart voted “nay”. Motion carried. ITEM #27 - Agreement with Chi Chi Rodriguez Youth Foundation, Inc. to operate Glen Oaks Golf Course, 3/2/00-3/1/10, and extension to agreement to operate North Clearwater Golf Course, located on McMullen Booth Road, from 11/13/10 to 11/12/25 (PR) The Chi Chi Rodriguez Youth Foundation, Inc. (Foundation) has operated the Glen Oaks Golf Course for the past 15 years. The lease with the Foundation expired on April 6, 1999, and is being extended on a month-by-month basis pending completion of negotiations. The Foundation has developed and operated the North Clearwater Golf Course for the past 14 years. The current lease with the Foundation is scheduled to end on November 12, 2010. The Foundation has requested that the lease be extended for an additional 15 years. On May 17, 1999, staff released a “Request for Proposals” (RFP) for the operation, maintenance, programming, and capital improvements of the Glen Oaks Golf Course. The City only received one proposal, which was from the Foundation. Over the past 15 years, the Foundation has renovated and managed Glen Oaks as a public facility; provided funds for maintenance and capital improvements, created youth programs to help disadvantaged children and youth; and created an after-school program. The Foundation will provide to the City the following enhancements to the Glen Oaks and North Clearwater Golf Course and lease: 1) Pay annually to the City as a rental for the Glen Oaks Golf Course 3% of gross revenue plus applicable sales tax. This is estimated to be approximately $7,000 in the first year; 2) pay annually to the City as rental for the North Clearwater Golf Course 3% of gross revenue plus applicable sales tax. This is estimated to be approximately $50,000 in the first year. Rental payment to commence with the date of issuance of a certificate of occupancy of a new clubhouse at the Glen Oaks Golf Course; 3) at Glen Oaks, the Foundation must upgrade the landscaping along the Court Street corridor consistent with all applicable City codes, and with the median landscaping on Gulf-to-Bay Boulevard and Court Street; the City will provide the landscape design. The landscape design to be used by the Foundation shall be used as an educational program for the school in the completion of the project; 4) the City will build on the Glen Oaks site, a new clubhouse of at least 4,400 square feet that the Foundation will use for its golf course operation and Foundation programs. The estimated construction cost and design is $300,000. Funding for the construction and the timing of it will be determined during this year’s budget process; 5) Foundation agrees to make the Glen Oaks clubhouse available to the City for City-sponsored events at no cost to the City based upon availability; 6) Foundation to supply an annual audit to the City by a Certified Public Accountant; and 7) Foundation is obligated to pay any Federal, State, or local taxes and fees for the term of the lease. Parks and Recreation Director Kevin Dunbar confirmed the City will receive 3% of the gross revenue the Foundation receives from the driving range or approximately $1,800 a year. He said the driving range is open to the public but the Foundation also uses it. In response to a question, Mr. Dunbar said although not contractually bound, the Foundation agreed to construct batting cages at the practice range in the near future as they feel there is a need for them. Concern was expressed regarding the agreements tying the two facilities together; the City building the Glen Oaks Clubhouse and being reimbursed by revenues from the other course; and no quaranteed minimum. Mr. Dunbar said the Foundation is not comfortable with linking the two golf courses because if one facility were to incur an insufficient revenue stream, it would adversely affect the other course. He said the Foundation has agreed to provide the City with revenue now at the McMullen facility instead of in 2011. The City can apply that revenue towards construction of a new clubhouse. It was noted the Chi Chi Rodriguez Foundation has done a lot to promote Clearwater for the last 12- 15 years. It was felt this agreement is an excellent investment as the Foundation runs a great organization and makes a difference in children’s lives. David Plant, representative, said the Chi Chi Rodriguez Foundation is excited about continuing the relationship with the City. He said these leases significantly advance the City’s commitment to providing affordable recreational activities to citizens and youth. He said the Foundation disagrees with the linkage between the two golf courses because if one does not perform the other would lose everything. Commissioner Hooper moved to approve the agreement with Chi Chi Rodriguez Youth Foundation, Inc. to operate Glen Oaks Golf Course from March 2, 2000 – March 1, 2010, and extension to agreement to operate North Clearwater Golf Course, located on McMullen Booth Road, from November 13, 2010 to November 12, 2025. The motion was duly seconded. Upon the vote being taken, Mayor Aungst and Commissioners Johnson, Clark, and Hooper voted “aye”; Commissioner Hart voted “nay”. Motion carried. ITEM #28 - Other Pending Matters - None. CITY ATTORNEY REPORTS ITEM #29 - Other City Attorney Items a) Authorization to retain law firm of Siemon & Larsen as outside counsel re Downtown Redevelopment Project, in an amount not to exceed $25,000 for initial meetings & planning Ms. Akin said this request is for authorization to retain the law firm of Siemon & Larsen as outside counsel regarding the Downtown Redevelopment Project in an amount not to exceed $25,000 for the initial meetings and planning. An agenda item and contract will be prepared for the full scope of the project for the next meeting. In response to a question, Ms. Akin said it is estimated that the entire project will cost $500,000 depending upon the number of hours required. She said this is a detailed, complex process that the City has never experienced. In response to a question, Ms. Akin said the $500,000 will come from the City’s unretained earnings fund. Mr. Roberto said staff will present options regarding funding including identifying areas where development can help repay those costs over time. The citizen from Punta Gorda was complimented for sharing that City’s redevelopment agreement. Punta Gorda resident Paul Johnson said his City’s permitting process was delayed significantly because the City did not have clear title to properties. He said the document he presented is a textbook of how not to perform redevelopment. Commissioner Clark moved to authorize retaining the law firm of Siemon & Larsen as outside counsel regarding the Downtown Redevelopment Project, in an amount not to exceed $25,000 for initial meetings & planning. The motion was duly seconded and carried unanimously. Other Ms. Akin provided an agenda for the joint meeting with the City of Largo Commission on March 8, 2000, at 6:00 p.m. in the PSTA Board Room. The meeting is intended to resolve a dispute with Largo over the annexation of a 14-acre parcel. Should a resolution not be reached during the meeting, a dispute resolution through the court system will ensue. ITEM #30 - City Manager Verbal Reports - None. The City Manager requested 3 meetings be scheduled: 1) Strategic Planning Session from 9:00 a.m. to 12:00 p.m. on March 21, 2000; 2) Business Plans Presentation from 9:00 a.m. to 1:00 p.m. on March 30, 2000; and 3) Six-month Community Development Code Review from 9:00 a.m. to 12:00 p.m. on May 2, 2000. All locations are to be announced. ITEM #31 - Other Commission Action Commissioner Hart said his comments regarding the Roundabout are not directed to staff. He feels staff is working overtime to resolve Roundabout issues. He believes the City Manager is reviewing the possibility of increasing ferry or bus service to alleviate traffic issues. Commissioner Johnson said he was disappointed that people interested in the bridge issue did not attend. He originally voted against financing the bridge but now feels as nearly $4million has already been spent, plans should proceed. He appreciates the over 6,000 petitions signed regarding the bridge and feels the City should respond to petitioners in some manner. He attended the Growth Management Meeting, the Advisory Board Annual Appreciation Dinner, and plans to attend tomorrow’s opening day Phillies game. Commissioner Hooper said he will be at tomorrow’s Phillies game. Commissioner Clark spoke to Mr. Crowser, who landed a disabled plane last Thursday night. Mr. Crowser expressed his appreciation for the City’s firefighters, paramedics, and police for their impressive efforts during the incident. He said last weekend looked like Spring Break because of the record-setting traffic counts at the beach. He encouraged everyone to attend the opening day Phillies game tomorrow and on Sunday. Mayor Aungst noted the traffic count at the beach last Saturday and Sunday and said high traffic counts are one of the things the City just has to deal with. He plans to attend tomorrow’s open day Phillies game. ITEM #32 - Adjournment The meeting adjourned at 8:01 p.m.