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10/05/2000CITY COMMISSION MEETING CITY OF CLEARWATER October 5, 2000 Present: Brian J. Aungst Mayor/Commissioner Ed Hooper Commissioner Robert Clark Commissioner Absent: J. B. Johnson Vice-Mayor/Commissioner Ed Hart Commissioner Also present: William B. Horne II Interim City Manager Garry Brumback 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 Father James Rousakis of the Greek Orthodox Church of the Holy Trinity. 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 a) Savvy Award to PC&M The Mayor presented the Savvy Award to the Public Communications and Marketing Department for a promotional video done by C-VIEW TV on the City’s Harborview Center. The Savvy Award is a nationwide competition and recognizes programs and projects that demonstrate outstanding achievement in communications, marketing, and citizen-government relationships b) Proclamation: Seat Belt & Child Restraint Safety Month – October 2000 c) Proclamation: Alternative Transportation Week – October 8 - 14, 2000 d) Proclamation: October Jazz Month & Clearwater Jazz Holiday 21st Anniversary – October 19 – 22, 2000 e) Proclamation: Fire Prevention Week – October 8 –14,2000 f) Proclamation: Make a Difference Fishing Tournament Day – October 7, 2000 ITEM #5 - Presentations a) Citywide Leadership Class of 2000 Human Relations Director Eleanor Breland introduced and congratulated the City employees in the Citywide Leadership Class of 2000. She said program participants spent a year visiting all City departments and receiving leadership training. b) Brian Smith, Pinellas County re traffic signals Brian Smith, Executive Director of Metropolitan Planning Organization for Pinellas County, made a presentation regarding upgrading the traffic signal system in the County and how it could be accomplished with all jurisdictions involved. He said there is a potential for Federal funding for the proposed project. Plans are to combine Countywide benefits with local controls. The proposal would provide connectivity for the system. Primary roads will have multi-jurisdictional timing with coordinated timing on other signals. It is advantageous to use one system, particularly with regard to joint funding opportunities. In response to a question, Mr. Smith said the current 3 systems (St. Petersburg, Clearwater, and Pinellas County) would operate as one. If one portion of the system goes down, the other portion can provide signalization. The new system also will be able to respond to traffic needs for EMS (emergency management services), traffic accidents, etc. c) Marketing Person of the Year Award from Florida Natural Gas Association for Roger Harris Chuck Warrington, CGS (Clearwater Gas System), presented the Marketing Person of the Year Award from the Florida Natural Gas Association to CGS Marketing Representative Roger Harris. ITEM #6 - Approval of Minutes Commissioner Clark moved to approve the minutes of the regular meeting of September 21, 2000, and the special meeting of September 21, 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 Sam Elliott complained that language had been omitted in the September 21, 2000, Commission minutes. Tim Conway expressed concern that people are not picking up after their animals. He requested the Commission consider an ordinance prohibiting animals running lose and fining owners who do not pick up after their animals. Mary DeMoss, Foundation for Religious Tolerance, gave an update on the organization. PUBLIC HEARINGS Second Reading Ordinances ITEM #8 - Ord. #6579-00 - Annexation, 110 McMullen Booth Rd., Sec. 16-29-16, M&B 22.01(First Baptist Church of Clearwater, Inc.) The City Attorney presented Ordinance #6579-00 for second reading and read it by title only. Commissioner Clark moved to pass and adopt Ordinance #6579-00 on second and final reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Clark, Hooper, and Aungst. “Nays”: None. ITEM #9 - Ord. #6588-00 - Annexation, 7 S. McMullen Booth Rd., Sec. 16-29-16, M&B 21.09 (KB Investments Group) The City Attorney presented Ordinance #6588-00 for second reading and read it by title only. Commissioner Hooper moved to pass and adopt Ordinance #6588-00 on second and final reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Clark, Hooper, and Aungst. “Nays”: None. ITEM #10 - Ord. #6589-00 - Land Use Plan Amendment to Residential Urban, 7 S. McMullen Booth Rd., Sec. 16-29-16, M&B 21.09 (KB Investments Group) The City Attorney presented Ordinance #6589-00 for second reading and read it by title only. Commissioner Clark moved to pass and adopt Ordinance #6589-00 on second and final reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Clark, Hooper, and Aungst. “Nays”: None. ITEM #11 - Ord. #6590-00 - LMDR Zoning, 7 S. McMullen Booth Rd., Sec. 16-29-16, M&B 21.09 (KB Investments Group) The City Attorney presented Ordinance #6590-00 for second reading and read it by title only. Commissioner Hooper moved to pass and adopt Ordinance #6590-00 on second and final reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Clark, Hooper, and Aungst. “Nays”: None. ITEM #12 - Ord. #6591-00 - Annexation, 18167 US19N, Sec. 29-29-16, M&B 22.02 (St. Joe Company) The City Attorney presented Ordinance #6591-00 for second reading and read it by title only. Commissioner Clark moved to pass and adopt Ordinance #6591-00 on second and final reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Clark, Hooper, and Aungst. “Nays”: None. ITEM #13 - Ord. #6592-00 - Land Use Plan Amendment to Commercial General, 18167 US19N, Sec. 29-29-16, M&B 22.02 (St. Joe Company) The City Attorney presented Ordinance #6592-00 for second reading and read it by title only. Commissioner Hooper moved to pass and adopt Ordinance #6592-00 on second and final reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Clark, Hooper, and Aungst. “Nays”: None. ITEM #14 - Ord. #6593-00 - Commercial Zoning, 18167 US19N, Sec. 29-29-16, M&B 22.02 (St. Joe Company) The City Attorney presented Ordinance #6593-00 for second reading and read it by title only. Commissioner Clark moved to pass and adopt Ordinance #6593-00 on second and final reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Clark, Hooper, and Aungst. “Nays”: None. ITEM #15 - Ord. #6601-00 - amending Operating Budget for Fiscal Year ending 9/30/00 The City Attorney presented Ordinance #6601-00 for second reading and read it by title only. Commissioner Hooper moved to pass and adopt Ordinance #6601-00 on second and final reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Clark, Hooper, and Aungst. “Nays”: None. ITEM #16 - Ord. #6602-00 - amending Capital Improvement Program Report and Budget for Fiscal Year ending 9/30/00 The City Attorney presented Ordinance #6602-00 for second reading and read it by title only. Commissioner Clark moved to pass and adopt Ordinance #6602-00 on second and final reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Clark, Hooper, and Aungst. “Nays”: None. CITY MANAGER REPORTS CONSENT AGENDA (Items #17-31) – Approved as submitted. 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 #17 - Approval of Purchases & Declaration of Surplus per Purchasing Memorandum: 1) Penny's School of Dance, gymnastics instruction, 10/6/00-10/31/01, est. $45,000 (PR) 2) Rotonics Manufacturing, 90 gallon refuse containers & spare parts, 10/6/00-9/31/01, est. $75,000 (SW) 3) Voyager Fleet Systems, 1st of 2 renewal options, vehicle fuel & related services, 12/1/00-11/30/02, est. $800,000 (GS) 4) General Chemical Corporation, low iron aluminum sulfate, 10/6/00-10/31/01, est. $60,000 (PW) 5) Jimmie's Wrecker Service, towing service, 11/1/00-10/31/03, est. $100,000 (GS) 6) Declare vehicles & equipment surplus to city needs; authorize disposal through sale at Tampa Machinery Auction or by transfer to Solid Waste ITEM #18 - Amendment to Agreement with Florida Gas Transmission, additional est. $54,000; contract to Citrus Energy Services, Inc., est. $49,500; contract to Motorfueler's Inc. of Clearwater, $161,542; construct gate station at Mitchell & Trinity Oaks Blvd. in Pasco County (est. total $265,042)(SBS) ITEM #19 - Agreement with Pinellas County School System / Clearwater Adult Education Center, provision of educational services, est. $75,000 (PD) ITEM #20 - Engineer of Record Contract to Wade-Trim for design, permitting & construction of N. Greenwood Recreation and Aquatics Center, $311,000 (PR) ITEM #21 - Approve locating N. Greenwood Recreation and Aquatics Center on Ray Green Ballfield (SW corner of Palmetto & Greenwood) and the N. Greenwood Branch Library on Jack Russell Stadium Parking lot (PR) ITEM #22 - Agreement with FDOT, providing funding of project costs up to $150,000 to fund study to evaluate proposed guideway (light rail or other technology) linking Clearwater Beach and downtown Clearwater; determine technical feasibility, economic contribution to revitalization (PW) ITEM #23 - Work Order to Wade-Trim (Engineer of Record), conditional upon approval by FDOT; services related to study of proposed guideway, amount not to exceed $145,000 (PW) ITEM #24 - Contract to Oakhurst Construction Company, Inc., Restroom & Shower Facilities at Clearwater Municipal Marina (45 Causeway Blvd.), $101,310 (PW) ITEM #25 - Agreement with Pinellas County, provide funding for South Beach Reclaimed Water Project, costs of up to $39,676 (PW) ITEM #26 - Contract to Keystone Excavators, Inc., South Beach Reclaimed Water Distribution System, $1,412,695 (PW) ITEM #27 - One Year Lease with Pinellas County for use of City parking lot #15, 111 Pierce Blvd., located on west side of City Hall building (PW) ITEM #28 - Contract to Altec Industries, Inc., purchase of one 2001 Ford F450 utility truck with Altec AL32 aerial lift, $57,126; increase CIP budget from $38,000 to $57,126; authorize funding under City's Master Lease-Purchase Agreement (PW) ITEM #29 - Amendment to Agreement with SWFWMD, for Stevenson Creek Watershed Management Plan, to change effective date of Agreement to 3/6/00 (PW) ITEM #30 - Ratify/Confirm 12/27/99 Agreement with Meristar Hospitality Operating Partnership, LP (Hilton Clearwater Beach Hotel); approve payment to Meristar in the amount $34,550.34 for replacement of property affected by construction of Clearwater Beach Roundabout (PW) ITEM #31 - Establish one additional full time employee, Heavy Equipment Operator III in Stormwater Utility, annual cost of $29,800 (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 #32 - Approve Clearwater Airpark Master Plan (MR) At the direction of the Commission, a Joint Participation agreement was entered into between the Florida Department of Transportation (FDOT) and the City in which each would provide 50% funding for the development of a Master Plan for the Clearwater Airpark. The plan is an update of the 1989 Greiner Master Plan and describes the current operation and develops the airfield over the first 12 years of the 20-year planning period. It guides the transition from a general fund operation to an enterprise fund operation in FY 2001 taking revenues from$100,000 annually in 1989 to an estimated $1.9M in year 2005, the end of the short term development. If the proposed mid-term (2005 – 2010) and long term (2010 – 2020) development is carried out, estimated revenues could increase to approximately $5M by 2012. The focus and priorities through each phase of the plan are: 1) Safety and regulatory compliance; 2) compatibility with neighboring residential development; and 3) economic development for financial self-sufficiency. The local neighborhoods have been involved with the planning process and have also been represented at the monthly Airport Authority meetings. In response to a question, Harbormaster Bill Morris said the golf course is a nice amenity to the airpark. It is safer to have open green space near an airfield. He said the golf course driving range could be reduced to allow for additional hangars at the airpark. In response to a question, he said there are no plans to extend the airpark’s hours of operation. In response to a question, Klaus Palinkas of PBS & J (Post, Buckley, Shuh, and Jernigan), said the guidance lights guide airpark pilots to the runway threshold safely. Commissioner Clark moved to approve the Clearwater Airpark Master Plan as presented. The motion was duly seconded and carried unanimously. ITEM #33 - First Reading Ord. #6597-00 - Relating to Waterways and Vessels; amending Sec. 33.067 to create a new subsection (10) to add a new defined area for speed restrictions of vessels at Island Estates - Palm Island SE - Harbor Island (MR) The Marine Department received a request to designate a new slow-down minimum wake zone at Island Estates – Palm Island SE – Harbor Island. By extending the wake zone in this area, staff feels that vessels moored along the east side of Palm Island SE and Harbor Island will be protected from wakes by passing vessels. The Marine Advisory Board has requested that this item be brought forward to the Commission. Currently, the City has a State of Florida wake zone permit number 90-026. The State of Florida Fish and Wildlife Commission advised the City that the extension of the wake zone would be approved. After the ordinance is passed, the State will send an amendment to the City permit. All other existing City wake zones remain unchanged. Mr. Morris said this proposal would still provide adequate room for vessels to navigate the area. The Coast Guard Auxiliary has indicated they will increase patrols in the area. If this proposal does not alleviate the safety issues in the area, the buoys can be remarked as no-wake zones. In response to a question, Mr. Morris said the main reason cited by residents against this proposal has been that they do not want additional regulations on use of the waterway. They feel current regulations are adequate if enforced. He said if further research could be conducted and consideration be given to designating the area a no-wake zone should these measures prove insufficient. Mr. Morris said he feels public education will improve the current problems. Two persons spoke in favor of the minimum wake zone. Another person felt the minimum wake zone designation would be ineffective and should be made a no-wake zone. Commissioner Hooper moved to approve the amendment to Chapter 33, Section 33.067 of the Code of Ordinances, adding paragraph (10) to designate a new slow-down minimum wake zone at Island Estates. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6597-00 for second reading and read it by title only. Commissioner Clark moved to pass and adopt Ordinance #6597-00 on second and final reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Clark, Hooper, and Aungst. “Nays”: None. ITEM #34 - Agreement with FDOT to install natural gas mains for relocation & install new natural gas mains during SR54/US19 to Madison Street improvement project, est. $278,156.25; Res. #00-37 - approving execution of the utility joint project agreement (SBS) The Florida Department of Transportation (FDOT) plans to widen/improve State Road 54 from US 19 to Madison Street including roadway, sidewalk, other improvements, and utilities to include those existing Clearwater Gas System (CGS) facilities that conflict with the design. Under the Joint Project Agreement (JPA), the FDOT general contractor will perform the relocation of existing and installation of new natural gas mains. Having the FDOT’s general contractor install the natural gas mains allows for work to be done in a timely manner and releases CGS from penalty payments. Funding in the amount of $278,156.25 will be provided by a FY 00/01 first quarter amendment transferring this amount from Capital Projects #353-96311, Pinellas Improvements, in the amount of $34,435, project #353-96313, Pinellas Land, Building & Equipment in the amount of $100,000, project #353-96315 in the amount of $143,721.25, to projects #353-96314, Pasco County Gas Main & Service Lines in the amount of $143,721.25, project #353-96316, Pasco County Relocation in the amount of $134,435. The transferring of these funds will not adversely affect any of the approved projects. Mr. Warrington said this project is part of a strategic plan to serve Pasco County CGS customers. Commissioner Hooper moved to approve the agreement with FDOT to relocate and install gas mains during SR54/US19 to Madison Street project and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #00-37 and read it by title only. Commissioner Hooper moved to pass and adopt Resolution #00-37 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Clark, Hooper, and Aungst. “Nays”: None. ITEM #35 - First Reading Ord. #6548-00 - amendments to fee schedule for land development applications (PLD) The Planning Department proposes to restructure the existing schedule of fees for development review applications to reflect the procedures of the new Community Development Code. When the new Code was adopted in March 1999, the existing fee schedule remained in effect with no changes to the fees. In order to determine the cost of processing development review applications, staff conducted a time study identifying each staff person involved in the review and the amount of time spent on each type of case. Based on the findings of the time study, staff costs were calculated based on the number of hours spent on case review and multiplied by the individual’s hourly rate. Public notice and legal advertising costs also were included. Indirect costs such as phones, fax, copies, etc. were not added to the review costs. In addition to the time study, staff reviewed development review fees charged by other area communities for comparison purposes. The findings of the fee study and research indicate that the majority of existing fees do not adequately reflect the amount of staff time required to review development applications. Staff recommends new fees to reflect the cost of the review. This recapture of the staff review cost is consistent with the fees charged for other similar fees where the applicant is the prime beneficiary of the project. Examples of fees similar to development review fees are building permit fees, impact fees, and utility fees. Planning Director Ralph Stone said in single-family cases, staff is recommending not to charge the full cost of doing business. Commissioner Clark moved to approve the amendments to Appendix A – Schedule of Fees, Rates and Charges of the Code of Ordinances to revise fees for land development applications. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6548-00 for first reading and read it by title only. Commissioner Hooper moved to pass Ordinance #6548-00 on first reading. The motion was duly seconded and upon roll call, the vote was: “Ayes”: Clark, Hooper, and Aungst. “Nays”: None. ITEM #36 - Library Board - 1 appointment (CLK) Commissioner Clark moved to reappoint Judy Melges. The motion was duly seconded and carried unanimously. ITEM #37 - Municipal Code Enforcement Board - 3 appointments (CLK) Commissioner Hooper moved to reappoint David Allbritton, Joyce Martin, and Pete Caffentzis. The motion was duly seconded and carried unanimously. ITEM #38 - Other Pending Matters – None. CITY ATTORNEY REPORTS ITEM #39 - Other City Attorney Items – None. ITEM #40 - City Manager Verbal Reports The City Manager said Largo is asking Clearwater if it is going to publicize the annexation issue on the November ballot. The Planning Director reviewed the key points of the referendum. The PPC is requesting local governments support in this effort. The issue will be discussed at the next Worksession. ITEM #41 - Other Commission Action Commissioner Clark said the Make A Difference Fishing Tournament at Pier 60 from 7:00 to 11:00 a.m. this weekend is a great event for disabled children. Registration is required but no fees are charged. He said it was great to be downtown last weekend. He said the Alternate Transportation Week next week is a great time for everyone to car pool, walk, take public transportation, or bike to work at least one day of the week to save fuel. Commissioner Hooper said the Make A Different Fishing Tournament is a worthwhile cause that everyone should attend. He encouraged everyone to attend the Uno Festival at Coachman Park this Friday evening and Saturday. Mayor Aungst thanked everyone for their efforts regarding the Safety Village reopening. He thanked Morton Plant Hospital for their participation. He was pleased to see the turnout last weekend for the concert and craft show downtown. He said the South Clearwater Citizens for Progressive Action anti-drug march will be held on October 14, 2000, departing from the Ross Norton Recreation Center. He congratulated former Assistant City Attorney John Carassas for his election as District 54 State representative. He requested interested parties send donations to the Clearwater Marine Aquarium for the rehabilitation of Daisy, a rescued dwarf pygmy sperm whale. ITEM #42 - Adjournment The meeting adjourned at 7:41 p.m.