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08/03/2000CITY COMMISSION MEETING CITY OF CLEARWATER August 3, 2000 Present: Brian J. Aungst Mayor/Commissioner J. B. Johnson Vice-Mayor/Commissioner Ed Hooper Commissioner Robert Clark Commissioner Ed Hart Commissioner Also present: William B. Horne II Interim City Manager Garry Brumback Acting 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. Vice-Mayor 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 Awards – None. ITEM #4 - Introductions and Awards – None. ITEM #5 - Presentations a) Parks and Recreation Annual Appreciation Award Kevin Dunbar, Parks and Recreation Director, presented the Parks and Recreation Annual Appreciation Award to Mike Gremaley of Infinity Broadcasting for the company’s financial contributions, sponsorships, and in-kind services for events and activities in the community. b) Supervisor of Elections Update - Deborah Clark - Postponed. c) Pinellas County MPO - Brian Smith - Pinellas Trail Signage Inventory & Recommendations Report Brian Smith, Pinellas County MPO, works with a bicycle committee that operates Countywide. The Committee is concerned some Pinellas Trail signage and crossings need to be changed to address safety issues. Approximately 113 road crossings cross the Trail. The Committee is recommending 15 of 32 intersections in Clearwater be changed as follows: 1) change 12 crossings from a 4-way stop to caution signs on the trail portion only, and 2) add stop signs to 3 intersections (Turner, Jeffords, and Pinellas Streets) that have no stop signs for drivers. In response to a question, Mr. Smith said caution signs are a new approach. Trail users do not always stop at posted signs on the trail, particularly if no cars are evident, therefore the Committee feels a caution sign for trail users may prompt them to pay more attention to traffic. A comment was made that both drivers and trail users should be expected to stop. In response to a question, Mr. Smith said the Committee did not recommend a change to the trail crossing on Druid Road and Ft. Harrison Avenue. ITEM #6 - Approval of Minutes Commissioner Clark moved to approve the minutes of the regular meeting of July 20, 2000, and the special meeting of July 31, 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 Pat Palmer expressed concern regarding destruction of the natural environment at Route 60 and McMullen Booth Road to construct an office building. Shirley Moran expressed concern the Code does not provide for enforcement regarding clothing items hanging on exterior hotel railings. She felt Interim City Manager Bill Horne is an asset to the City and hopes he will become the new City Manager. Dan Moran said he is tired of the negativity expressed by citizens. Joe Calio and Bob Hangen requested the Sand Key fire station be put in the 2001 budget. John Doran expressed concern the City is only budgeting for 58% of the expenditures for items recommended by the Fire Task Force. He said half the expenditures are pushed out to the sixth year. Sam Elliott expressed concern the City Attorney did not answer his July 19, 1999, letter. The City Attorney indicated numerous responses had previously been sent to the Elliotts and additional responses are not warranted. Sonja Haught requested the City address needs before wants. She requested the Community Development Code be changed to reflect citizens as the highest priority. John Maguire said he hopes the Commission continues the momentum they have had. He said Mike Roberto listened to the community and addressed a racial issue with a citizen who had applied for a job. He said the new Code is an improvement. He was sorry to read that Commissioner Clark did not see the good he has done. Charles Nims said he experienced racial bias while applying for a job in the City. He said Mike Roberto made it possible for him to be considered for the job. John Tasanari expressed concern with the roundabout. Bill Zinzow requested cost information regarding moneys paid to Charlie Siemon of Siemon and Larsen for promotion of the development plan that failed. The City Attorney said to date, approximately $46,000 has been expended for negotiations with the developer. When final invoices are received, the final total will be reported. The Mayor said the City spent $120,000 for promotion of the development plan and $80,000 for the election. In response to a question, the Interim City Manager said the County Administrator, Mr. Marquis, has indicated he will work with the City regarding a fire station at Sand Key Park. Mr. Marquis has expressed concern regarding relocating the entrance to the park due to the configuration of the roadway and the proximity of the bridge. He requested the City explore all available City land for a fire station. The Interim City Manager said the Fire Chief has indicated a fire station between condominiums or north of the Sailing Center are not viable solutions. PUBLIC HEARINGS ITEM #8 - Public Hearing - Declare surplus portion of r-o-w for NE Coachman Road conveyed to City in OR Book 3977, Page 911, for purpose of selling to FDOT; approve Purchase Agreement with FDOT to sell said parcel for $14,500 (PW) FDOT (Florida Department of Transportation) is preparing plans to construct an overpass for State Road 55 (US 19) over Coachman Road. The city owns a 4,762 square foot parcel of Coachman Road right-of-way at the southwest corner of its intersection with US 19. The 17-foot wide rectangular parcel was conveyed to the City for nominal consideration in 1973 for roadway and utility purposes by Quit Claim deed from Imperial Motels Corporation. The parcel is being used as improved right-of-way for Coachman Road. A 12-inch City water line and a 4-inch gas feeder line are under portions of the parcel. Future City maintenance of the lines will require a FDOT right-of-way permit after conveyance of the parcel. The parcel value has been determined by an appraisal performed for FDOT on April 21, 2000, by Stephen J. Jamir, MAI. The appraiser concluded the parcel, in and of itself, to be an undevelopable “remnant” having a value of approximately $3.05 per square foot, about 25% of the value of a fully buildable parcel at this location. The FDOT Purchase Agreement stipulates the property is necessary for the transportation project and is being acquired under threat of condemnation pursuant to Section 337.27, Florida Statutes. Closing will occur within 60 days following final FDOT acceptance of the Purchase Agreement. Upon closing, the sale proceeds of $14,500 will accrue in Revenue for Surplus Land code 010-00000-364220. Commissioner Hooper moved to declare as surplus, that portion of right-of-way for Northeast Coachman Road conveyed to the City in O.R. Book 3977, Page 911, for the purpose of selling to the FDOT, and approve a Purchase Agreement with FDOT to sell said parcel for $14,500, subject to terms and conditions contained therein and the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #9 - Public Hearing - (Postponed from 7/20/00) Res. #00-29 - Demonstrating commitment by City to build a new community sports complex in anticipation of funding from State of Florida, Pinellas County, & City; approve letter of intent between City and Philadelphia Phillies (GS) During the 2000 Session, the Florida Legislature approved legislation that enables units of local government which host spring training, to apply for State funding to assist in the construction or renovation of spring training facilities in an effort to retain spring training in the State of Florida. Jack Russell Memorial Stadium is nearly half a century old and is inadequate for the needs of modern baseball and the community. The state of the stadium raises safety concerns and will necessitate expensive repairs in the near future. The stadium lacks modern amenities for fans and because of its age and condition, the City cannot maximize the Phillies’ presence in Clearwater in terms of economic returns. Spring training baseball alone brings more than $490 million to the State, $5 million of which is spent annually by the Phillies' Florida operations. Approximately $18 to $24 million is spent by tourists who specifically visit the area for spring training. The City intends to apply for the maximum State funds available in the amount of $500,000 per year for 30 years. The City also is requesting that Pinellas County approve matching funds in the amount of $7 million in tourist development dollars to help support the cost of construction. In anticipation of receiving the State funding and in conjunction with matching funds from the County, the City wishes to demonstrate its commitment to coordinate the final funding necessary to build a new community sports complex. The letter of intent between the City and the Phillies sets forth the broad outline of the economic terms contingent upon a definitive use agreement. General Services Administrator Keith Ashby said the County requested the letter of intent in order to deliberate on August 8, 2000. In response to a question, Mr. Ashby said this item is not site-specific and does not include a specific term sheet, but is a general agreement that allows the City to apply for funds by the tight deadlines indicated in the funding application. The Mayor said the Commission and staff are extremely aware and sensitive to the problems in the College Hill neighborhood. Staff will look into flooding problems and contact the State Insurance Commissioner’s office. In response to a question, Mr. Ashby said borings on the St. Petersburg Junnior College site began on July 31, 2000. He anticipates by the end of September a good indication of the condition of that site will be available. Seventeen (17) people spoke in favor of a new stadium. One person felt it should stay in Greenwood. Three people were in favor but concerned about the proposed site. Two people were in favor if no City tax dollars were used. One person requested more information regarding the City’s portion of the funding and if the City will be obligated to proceed with construction if State or County funds are not obtained. Discussion ensued regarding the need for and benefits of a new stadium. It was noted the resolution does not obligate the City to construct a new stadium if the State and County funds are not forthcoming. It was felt the Phillies are partners in the community. It was emphasized that if analysis of the St. Petersburg Junior College site found it not to be suitable, the stadium will not be built there. The concerns of the College Hill neighborhood will be addressed whether the stadium is built or not. Commissioner Johnson moved to demonstrate the City’s commitment to build a new community sports complex in anticipation of funding from the State of Florida, Pinellas County, and the City, and approve a letter of intent between the City and the Philadelphia Phillies and the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #00-29 and read it by title only. Commissioner Clark moved to pass and adopt Resolution #00-29 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. The meeting recessed from 8:15 to 8:37 p.m. Public Hearing - Second Reading Ordinances ITEM #10 - Ord. #6476-00 - Vacating 60' r-o-w of Third Avenue South, lying east of US19 & west of Chautauqua Avenue (formerly Main Street)(Dimmitt, V99-13) The City Attorney presented Ordinance #6476-00 for second reading and read it by title only. Commissioner Clark moved to pass Ordinance #6476-00 on second 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. #6530-00 - Vacating irregular 40' r-o-w of N. Osceola Ave., lying between Jones St. & Georgia St., subject to applicant granting a new 30' r-o-w, constructing a realignment of N. Osceola and granting a 20' drainage & utility easement (Osceola Bay Development, LLC, V00-06) The City Attorney presented Ordinance #6530-00 for second reading and read it by title only. Commissioner Hooper moved to pass Ordinance #6530-00 on second reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, and Aungst. "Nays": Hart. Motion carried. ITEM #12 - (Cont. from 7/20/00) Ord. #6552-00 - Vacating 40' r-o-w of Bay Avenue, lying N of Pinellas St. & S of north r-o-w line extended of Sadler St. together with 40' r-o-w of Sadler St., lying E of Bay Ave. & W of Reynolds Ave., subject to retaining a drainage & utility easement over Bay Ave. (Morton Plant Mease Health Care, V00-07) The City Attorney presented Ordinance #6552-00 for second reading and read it by title only. Commissioner Johnson moved to pass Ordinance #6552-00 on second 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. from 7/20/00) Ord. #6567-00 - Amending Operating Budget for Fiscal Year ending 9/30/00 The City Attorney presented Ordinance #6567-00 for second reading and read it by title only. Commissioner Hooper moved to pass Ordinance #6567-00 on second reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper, Hart and Aungst. "Nays": None. ITEM #14 - (Cont. from 7/20/00) Ord. #6568-00 - Amending Capital Improvement Program Report and Budget for Fiscal Year ending 9/30/00 The City Attorney presented Ordinance #6568-00 for second reading and read it by title only. Commissioner Clark moved to pass Ordinance #6568-00 on second 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. #6573-00 - Amendments to Community Development Code The City Attorney presented Ordinance #6573-00 for second reading and read it by title only. Commissioner Hooper moved to pass Ordinance #6573-00 on second 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 #16-23) – Approved as submitted. ITEM #16 - Approval of Purchases per Purchasing Memorandum: 1) Curb Appeal Landscaping, grounds maintenance for Area 1 - Clearwater Beach; Area II - N. Clearwater; Area III - E. Clearwater & Area V - S. Clearwater, 8/1/00-7/31/01, est. $98,600 (PR) 2) Laub Maintenance, Inc., grounds maintenance for Area IV - Countryside, 8/1/00-7/31/01, est. $27,250 (PR) 3) Biocube, Inc., one odor control system, $34,816 (PW) 4) Sunshine State One Call of Florida, notification & gas line marking service, 8/9/00-8/31/01, est. $38,000 (SBS) 5) Dell Marketing L.P., computer hardware (205 Desktop personal computers, 16 notebook computers, & miscellaneous accessories), $440,054.20; financing to be provided under City's Master Lease-Purchase Agreement (PD) 6) Comark Inc., computer hardware (14 laser printers, 5 laserjet printers, 1 GIS plotter, & miscellaneous accessories/warranty), $30,847.89; financing to be provided under City's Master Lease-Purchase Agreement (PD) 7) Good Rentals, miscellaneous equipment rental (tables, chairs, canopies, etc.), remaining portion of contract ending 11/30/00, increase from City Manager approved $24,000 to $44,000 (PR) 8) Florida Rock Industries, Inc., concrete sand, 8/4/00-8/31/03, est. $30,000 (PW) 9) JDL Technologies, network equipment (upgrades to support Document Management & Imaging System and increase level of service on City's fiber loop), $63,467; financing to be provided under City's Master Lease-Purchase Agreement (IT) ITEM #17 - Agreement with Bank of America, banking services, for 5 years commencing 10/1/00, est. $90,000 annually (FN) ITEM #18 - Purchase one 2001 International LPG Delivery Tanker Truck, Sun State International Trucks Inc., $78,396.77; authorize funding through City's Master Lease-Purchase Agreement; authorize retention of one 1992 Ford LPG tanker to be used as spare truck (GS) ITEM #19 - Amendment to Lease Agreement with Howard G. Hamilton re South Beach Pavilion to extend term to 6/30/04 (MR) ITEM #20 - Amendment to Lease Agreement for corporate name change of Fixed Base Operator at Clearwater Airpark, from Day Tripper Aviation, Inc. to Clearwater Airpark, Inc. (MR) ITEM #21 - Contract to Air Distributors, Inc., sell surplus property, 606 Cedar Street, J. J. Eldridge Sub., Blk D, west ½ of Lots 43 & 44, for $14,001 (PW) (Note: Air Distributors withdrew offer to purchase property in a letter dated 8/2/00; received 8/4/00) ITEM #22 - Contract to Andrew Szilagyi, sell 400 sq. ft. parcel of surplus property on north side of Belleair Rd., in SE ¼ of Sec. 24-29-15, for net $625 (PW) ITEM #23 - Work Order to Tampa Bay Engineering, Engineer of Record, for sanitary sewage pump station & force main design, $373,000 (PW) Commissioner Hooper 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 #24 - First Reading Ord. #6586-00 - Granting telecommunications franchise to Adelphia Business Solutions of Florida, LLC (ED) Adelphia Business Solutions of Florida, L.L.C. has requested a franchise from the City to provide telecommunications services to business customers within Clearwater. They are constructing a Fiber-optic Sonet based network. For the most part, the fiber-optic lines will be on existing poles. The City has the authority to grant a telecommunications franchise pursuant to Florida Statutes 362.01, Florida Statutes 337.401, and Chapter 32 of the City of Clearwater Code of Ordinances. The franchise agreement is non-exclusive. Adelphia Business Solutions of Florida, L.L.C. will obtain the necessary permits as required by all franchisees for this purpose. The franchise is for a 10-year term. The grantee shall pay a monthly franchise fee of 1% of the local recurring revenues. The City Attorney noted that recently enacted state legislation will negate this agreement in approximately 18 months. Commissioner Clark moved to grant Adelphia Business Solutions of Florida L.L.C. a franchise to provide telecommunications services to business customers in the City. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6586-00 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance #6586-00 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 #25 - Environmental Advisory Board - 1 appointment (CLK) Commissioner Clark moved to reappoint David Rhame to the Environmental Advisory Board. The motion was duly seconded and carried unanimously. ITEM #26 - Enterprise Zone Development Agency - 2 appointments (CLK) Commissioner Johnson moved to reappoint Rick Rosa as the Community Response Team representative and appoint Linda Winfrey as the Local Private Industry Council representative to the Enterprise Zone Development Agency. The motion was duly seconded and carried unanimously. ITEM #27 - Library Board - 1 appointment (CLK) Commissioner Hooper moved to reappoint Tom Leavy to the Library Board. The motion was duly seconded and carried unanimously. ITEM #28 - Other Pending Matters - None. CITY ATTORNEY REPORTS ITEM #29 - Res. #00-30 - Dedicating Coachman Park in downtown Clearwater as a Public Park The City Attorney presented Resolution #00-30 and read it by title only. Commissioner Johnson moved to pass Resolution #00-30 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 #30 - Other City Attorney Items - None. ITEM #31 - City Manager Verbal Reports In response to a request to address a misunderstanding, Kevin Dunbar said the cover letter and the bid sheet on a RFP listed 2 different timelines for bidders to respond to a landscaping contract. Staff re-bid the contract and solicited bids from the 3 contractors who had previously submitted bids. Laub Maintenance, Inc. was the lowest bidder. The Interim City Manager updated the Commission on the Pelican Walk project. Staff is evaluating additional sources of revenue for parking needs. It was requested that parking be resolved before the new bridge is finished. It was requested the economic feasibility parking study be provided. The Interim City Manager said Garry Brumback will serve as the Assistant City Manager while Mr. Horne is serving as Interim City Manager. He said staff received 62 citizen commendation letters about the Police Department’s support in the community. ITEM #32 - Commission Discussion Items a) Direction re Commission salary adjustment Discussion ensued regarding the deadline for action on a Commission salary adjustment. The City Clerk said an ordinance increasing the Commission’s salaries needs to be adopted at the first meeting in September to be effective March 2001. Discussion ensued regarding providing an automatic increase based on a consumer index in order to de-politicize the issue of commission salaries. Commissioner Clark moved that staff investigate and come back with a recommendation for an annual indexed adjustment. The motion was duly seconded. Commissioners Johnson and Clark and Mayor Aungst voted “aye”; Commissioners Hart and Hooper voted “nay”. Motion carried. b) Direction re City Manager Search Discussion ensued regarding a citizen's recommendation to consider a strong Mayor form of government. Consensus was this topic should be considered by the next Charter Review Committee set to convene in 2003. It was requested that the Human Resources Department provide the Commission with a prospective timeline regarding selecting a search firm to assist with City Manager recruitment. c) Citizen Roundabout Team (Beach Entryway Team) Additional information regarding the mission of the Team and names to be considered will be provided. Discussion ensued regarding staff serving as nonvoting members. Costs for short term roundabout improvements and a timeline for them to be done also was discussed. A concern was expressed that something needed to be done prior to spring break 2001. ITEM #33 - Other Commission Action Commissioner Clark requested Tom Miller be the City's representative on the Tampa Bay Estuary Policy Board until after the March Election. Consensus was to approve Mayor Aungst thanked everyone for their opinions. He feels the City is moving in a positive, forward direction ITEM #34 - Adjournment The meeting adjourned at 9:31 p.m.