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08/08/2002CITY COMMISSION MEETING CITY OF CLEARWATER August 8, 2002 Present: Brian J. Aungst Mayor/Commissioner Whitney Gray Vice-Mayor/Commissioner Hoyt P. Hamilton Commissioner William C. Jonson Commissioner Frank Hibbard Commissioner Also present: William B. Horne II City Manager Garry Brumback Assistant City Manager Ralph Stone Assistant City Manager Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Patricia O. Sullivan Board Reporter The Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation was offered by Reverend Steve Lambert, First Assembly of God 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 a) Proclamation - Firefighters Appreciation Week - August 12-16, 2002 ITEM #5 - Presentations a) Legislative report for 2002 Session – Senator Jack Latvala Senator Jack Latvala reviewed legislative issues addressed this year, stating this is the end of his term. The Mayor presented him with a plaque in thanks for the Senator’s years of tireless efforts on behalf of Clearwater and its citizens. b) Present SHIP award to Commission Assistant Housing Director Howie Carroll presented to the City Commission the SHIP award awarded to the City on June 6, 2002. ITEM #6 - Approval of Minutes Commissioner Jonson moved to approve the minutes of the regular meeting of July 18, 2002, as submitted in written summation by the City Clerk to each board member. The motion was duly seconded and carried unanimously. ITEM #7 - Citizens to be heard re items not on the Agenda Carl Wagonfohr complimented the Commission for supporting the Smooth Jazz on the Bay festival and for approving destruction of the roundabout fountain. He now works as a charter boat captain. Charles Shank opposed an increase to the City’s millage rate. Clark Weaver recommended the City purchase the Park Motel by Crest Lake Park and delay construction of the dog park until alternate locations are considered. PUBLIC HEARINGS ITEM #8 - Adopt Res # 02-41 finding the existence of slum and blight conditions within the proposed "Gateway" Area, and finding the need to expand the existing City of Clearwater Community Redevelopment Area (CRA) geographic boundary to encompass the proposed Gateway Expansion Area; and authorizing the existing CRA to administer the expanded community redevelopment area. The existing CRA (Community Redevelopment Agency) geographically encompasses approximately 260-acres, and was established in Fiscal Year 1981/1982, in accordance with the requirements of Florida Statutes. The City initially prepared a Findings and Declaration of Necessity for the Downtown Development District, documenting the presence of slum and blight conditions; declared itself to be the Community Redevelopment Agency for the Area; and subsequently prepared a Plan for Redevelopment for the Area, and established a Redevelopment Trust Fund for the administration of future tax increment financing. Since the inception of the original CRA, the socio-economic, circulation and geographic influence of both the core central business district and the easterly gateway environs has changed so dramatically, that the future stability of the city’s core economic base now necessitates the inclusion of an expanded CRA Area. This “Gateway” CRA Expansion Area contains approximately 228-acres and exhibits the following slum and blight development constraints: 1) Physical or economic conditions conducive to disease, infant mortality, juvenile delinquency, poverty or crime exist in the Expansion Area because there is a predominance of residential and nonresidential buildings or improvements impaired by reason of dilapidation, deterioration, age, or obsolescence within the Expansion Area; 2) Higher density of population is evident in the Expansion Area than the remainder of the City of Clearwater; 3) There is a substantial number of slum, deteriorated, or deteriorating structures and in which conditions, as indicated by government maintained statistics or other studies, are leading to economic distress or endanger life or property within the Expansion Area; 4) There is a predominance of defective or inadequate street layout, parking facilities, and traffic circulation existing within the Expansion Area; 5) The aggregate assessed values of real property have failed to show any appreciable increase over the 5-years prior to the findings of such condition within the Expansion Area; 6) Faulty lot layout in relation to size, adequacy, accessibility, or usefulness exists within the Expansion Area; 7) Incidence of crime in the Expansion Area is higher than in the remainder of the City of Clearwater; 8) A greater number of violations of the Florida Building Code exist in the Expansion Area than the number of violations recorded in the remainder of the City of Clearwater; and 9) Fire and emergency medical service calls to the Expansion Area are proportionately higher than in the remainder of the City of Clearwater. By expanding the existing CRA boundary, the City of Clearwater can implement the following value-added redevelopment opportunities: 1) Enhance residential and commercial stability; 2) Create “neighborhood” cohesion; 3) Leverage public-private partnerships; 4) Correct faulty land use and parking issues; 5) Improve the infrastructure; 6) Eliminate non-conforming land uses; 7) Maximize parcel’s highest and best land uses Renovate/expand commercial base; 8) Mitigate public safety issues; 9) Co-mingle multiple economic development programs; and 10) Define “Gateway” as a primary entrance into the CBD (Central Business District). Commissioner Jonson moved to approve finding the existence of slum and blight conditions within the proposed “Gateway” Area, and finding the need to expand the existing City of Clearwater Community Redevelopment Area (CRA) geographic boundary to encompass the proposed Gateway Expansion Area; and authorizing the existing CRA to administer the expanded community redevelopment area. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #02-41 and read it by title only. Commissioner Hamilton moved to pass and adopt Resolution #02-41 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. ITEM #9 - Adopt Res #02-23, approving Island Estates Neighborhood Plan. This is one of three companion items relating to Island Estates: neighborhood plan, text amendments and rezoning. Planning Director Cyndi Tarapani said the plan is a result of a partnership between staff and the community. Planning Manager Gina Clayton said she would make one presentation for Items #9, #10, and #11. On April 19, 2001, the Clearwater City Commission appointed an Island Estates study committee and approved the initiation of the Island Estates Neighborhood Conservation Overlay District planning process. Seven (7) public neighborhood meetings were held between September 2001 and February 2002 to develop the Island Estates Neighborhood Plan. Pursuant to Code Section 4-608 of the Community Development Code at least four (4) public meetings must occur. The Plan addresses existing neighborhood conditions, strengths and weaknesses, goals and objectives and implementation. Island Estates residents identified the following as strengths: reclaimed water; well-maintained property; good services such as grocery, gas station, store, bank and park; on-street parking; the waterfront; neighborhood events; and flexibility of not being in overlay district. Residents identified the following as neighborhood weaknesses: the appearance of aboveground power lines; gravel yards; restricted water flow in canals; parking of various vehicles in front yards; poor yard maintenance; differences in setback requirements between deed restrictions and City Code; loose regulation of redevelopment; and the presence of short term rentals. Goals and objectives were developed to enhance the strengths identified and minimize the weaknesses. The goals and objectives provide a framework for future neighborhood activities to maintain Island Estates as a desirable neighborhood. The categories for goals and objectives are neighborhood amenities, waterfront and canals, traffic and street use, neighborhood appearance and maintenance, character of redevelopment, utilities and infrastructure, and minimal rental periods. The implementation section of the Plan lists the development standards to be included in the Island Estates Neighborhood Conservation Overlay District. They address the following issues: permitted uses, minimum lot sizes, building setbacks, building height, parking on private property, fences, screening of mechanical equipment, landscaping, minimum rental periods, outdoor storage and deviations from dimensional requirements. The implementation section of the Plan also focuses on neighborhood actions that will be required to implement the plan such as education and enforcement of the overlay standards, creating neighborhood liaisons and education programs, increasing neighborhood involvement, and establishing special project committees as needed. The Island Estates Neighborhood Plan is consistent with objectives and policies of the Clearwater Comprehensive Plan. There are two companion items to the Island Estates Neighborhood Plan that will create the Island Estates Neighborhood Conservation Overlay District in the form of text amendments to the Community Development Code and to apply the Overlay District to the zoning atlas. The specific requests are contained in two separate agenda items and ordinances. The Community Development Board reviewed the proposed Island Estates Neighborhood Plan at its regularly scheduled meeting on June 18, 2002 and recommended approval of the Plan by a vote of 6-1. Ms. Clayton said the CDB did not approve staff’s recommended additions. In response to a question, she said the Code never included a minimum landscaping requirement for the front yards of single-family residences. The genesis of the NCOD was reviewed. It was felt the process was not intended to institute new law. Ms. Clayton said overlay districts are intended to preserve the distinctive qualities of unique neighborhoods, not to codify deed restrictions. Ms. Tarapani said NCODs must further public health, safety, and welfare and be simple to administer. In response to a question, Ms. Clayton said all items, with the exception of one related to front yard landscaping in multi-family areas, are included in the Code. Residents wished to retain some Code requirements in the NCOD as the Code can be amended. The current Code has impervious surface requirements, which can be distributed across a property. Item #23 did not pass. It would have allowed staff only to review deviations for at-grade and/or expansion of non-conforming set-backs. It was felt the item’s language was unclear. The City Attorney said the Neighborhood Plan is a statement of findings and describes the plan. Two residents spoke with one stating the plan is not a mandate to the City and one requesting the term “RV” be defined. It was recommended this item be continued until the City Commission reviews all plan issues. Commissioner Jonson moved to continue Item #9 to a date uncertain. The motion was duly seconded and carried unanimously. ITEM #10 - Public Hearing & First Reading - Ord #6981-02 approve text amendments to the Community Development Code to establish the Neighborhood Conservation Overlay District for Island Estates. This is one of three companion items relating to Island Estates: neighborhood plan, text amendments and rezoning. Ordinance No. 6981-02 proposes to create a section of Division 16 in Article 2 of the Community Development Code that would contain the requirements of the Island Estates Neighborhood Conservation Overlay District. The regulations in this District would only apply to property located within the residential and institutional areas of the Island Estates neighborhood. The remaining provisions of the Community Development Code will govern any issue not specifically addressed in the Overlay District. All proposed amendments implement goals and objectives contained in the Island Estates Neighborhood Plan. A summary of the provisions are as follows: 1) A purpose statement is included, as well as a description of the jurisdictional boundaries of the IENCOD and how the IENCOD relates to the underlying zoning districts and other code requirements. This section also requires that any development requesting flexibility must be consistent with the Island Estates Neighborhood Plan and 2) Permitted uses and dimensional standards for single-family areas are specified in the IENCOD. Requirements are presented in the same format as used in the other zoning districts (e.g. charts listing minimum standard, flexible standard and flexible development uses and requirements.) Additional provisions for the single-family areas are as follows: 1) Parking on landscaped areas shall be prohibited; 2) Fences shall not exceed 6 feet in height in the side yard and all fences in the rear yard shall be non-opaque (see-through); 3) Use of gravel, stones, cinders and other similar material in any yard shall be prohibited; and 4) The storage of commercial fishing and crabbing equipment outdoors shall be prohibited. Provisions for the multi-family areas are as follows: 1) Parking on landscaped areas shall be prohibited; 2) All boats, personal watercraft, recreation vehicles, trailers, commercial vehicles, race cars, dune buggies, farm equipment, go karts, ATV’s or other similar vehicles shall be prohibited to be parked between any portion of the principal structure and any right-of-way line; 3) The temporary parking of such vehicles within the front setback shall be permitted for no more than four (4) consecutive days no more than twice a month; 4) Commercial vehicles may be parked between any portion of the principal structure and any right-of-way line in multi-family areas if onsite to actively conduct business on the premises; 5) Fences shall not exceed 6 feet in height in the side yard and all fences in the rear yard shall be non-opaque (see-through); 6) Use of gravel, stones, cinders and other similar material in any yard shall be prohibited; 7) Twenty-five percent (25%) of the front yard shall be landscaped; and 8) The storage of commercial fishing and crabbing equipment outdoors shall be prohibited. Provision for the Institutional area is as follows: Use of gravel, stones, cinders and other similar material in any yard shall be prohibited and twenty-five percent (25%) of the front yard shall be landscaped. The proposed text amendments are consistent with the Island Estates Neighborhood Plan, the Clearwater Comprehensive Plan and Community Development Code. The Community Development Board reviewed the proposed ordinance at its regularly scheduled meeting on July 17, 2001 and recommended approval by a vote of 4-3. In support of the NCOD, seven residents spoke. In opposition to the NCOD, five residents spoke. In response to a question, Ms. Clayton said staff had determined each condominium association would have one vote as single-family residences make up 140 acres of Island Estates, while condominiums cover 50 acres. Notices were sent to each condominium owner and many participated on the committee. Reservations regarding the process and long term impact of enforcement on City resources were expressed. Concerns regarding inconsistencies between single-family and multi-family were expressed. Concerns regarding there not being enough support for the overlay district and that mis-information had been distributed were stated. Discussion ensued regarding property rights and people expecting neighborhoods to remain the same. In response to a question, Ms. Tarapani said future changes to the NCOD would require rezoning and a code amendment. It was suggested Item #20, regarding landscaping in multi-family areas should be removed as there is no similar requirement for single-family residential areas. It was felt #12, related to parking in multi-family areas, would be difficult to enforce. Commissioner Hamilton moved to approve text amendments to the Community Development Code to establish the Neighborhood Conservation Overlay District for Island Estates less Items #12 and #20 and that the item be brought back to the City Commission in one year for review. The motion was duly seconded. Commissioners Hamilton, Jonson, and Hibbard voted “Aye”; Commissioner Gray and Mayor Aungst voted “Nay.” Motion carried. The City Attorney presented Ordinance #6981-02 for first reading and read it by title only. Commissioner Jonson moved to pass Ordinance #6981-02 as amended to amend Section H and remove references to Section H(1)(b) on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hamilton, Jonson, and Hibbard. "Nays": Gray and Aungst. Motion carried. The Commission recessed from 8:57 to 9:07 p.m. ITEM #11 - Public Hearing & First Reading - Ord #6980-02 approve a Zoning Atlas Amendment for the Island Estates Neighborhood by applying the Island Estates Neighborhood Conservation Overlay District as an Overlay District in addition to the existing Low Medium Density Residential District, Medium Density Residential District, Medium High Density Residential District, High Density Residential District, Institutional District, and Commercial District for the Island Estates neighborhood. This is one of three companion items relating to Island Estates: neighborhood plan, rezoning and text amendments. The Island Estates neighborhood is approximately 210 acres. It includes the residentially used properties located on land known as Island Estates, lying northerly of the northerly right of way line of Memorial Causeway between the mainland and Clearwater Beach. It is zoned Low Medium Density Residential, Medium Density Residential, Medium High Density Residential, High Density Residential, Institutional, and Commercial. The Island Estates neighborhood has future land use designations of Residential Urban, Residential Medium, Residential High, Institutional, and Commercial General. These designations are consistent with the existing and proposed zoning and are not being changed. The proposed rezoning is compatible with the immediate surrounding area and will be in character with the surrounding uses. There are sufficient public facilities to accommodate the proposed rezoning. No redevelopment is expected that will impact public facilities. The location of the proposed Low Medium Density Residential/Island Estates Neighborhood Conservation Overlay District, Medium Density Residential/Island Estates Neighborhood Conservation Overlay District, Medium High Density Residential/Island Estates Neighborhood Conservation Overlay District, High Density Residential/Island Estates Neighborhood Conservation Overlay District, Institutional/ Island Estates Neighborhood Conservation Overlay District, and Commercial/Island Estates Neighborhood Conservation Overlay District boundaries is logical. The boundaries are appropriately drawn with regard to locations and classifications of land use, streets, ownership lines, existing improvements and the natural environment and are consistent with the boundaries of the residential and institutional areas of the Island Estates neighborhood. The proposed rezoning will implement policies of the Island Estates Neighborhood Plan that call for applying the Island Estates Neighborhood Conservation Overlay District as an Overlay District in addition to the existing Low Medium Density Residential, Medium Density Residential, Medium High Density Residential, High Density Residential, Institutional, and Commercial zoning districts. The proposed rezoning is consistent with objectives and policies of the Clearwater Comprehensive Plan. The Community Development Board reviewed the proposed rezoning at its regularly scheduled meeting on June 18, 2002 in its capacity as the Local Planning Agency and recommended approval by a vote of 6 - 1. Commissioner Hibbard moved to approve a Zoning Atlas Amendment for the Island Estates Neighborhood by applying the Island Estates Neighborhood Conservation Overlay District as an Overlay District in addition to the existing Low Medium Density Residential District, Medium Density Residential District, Medium High Density Residential District, High Density Residential District, Institutional District, and Commercial District for the Island Estates neighborhood. The motion was duly seconded. Commissioners Hamilton, Jonson, and Hibbard voted “Aye”; Commissioner Gray and Mayor Aungst voted “Nay.” Motion carried. The City Attorney presented Ordinance #6980-02 for first reading and read it by title only. Commissioner Hamilton moved to pass Ordinance #6980-02 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Hamilton, Jonson, and Hibbard. "Nays": Gray and Aungst. Motion carried. CITY MANAGER REPORTS CONSENT AGENDA (Items #12-25) – 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 for discussion and individual vote. ITEM #12 - Approval of Purchases (& Declaration of Surplus) per Purchasing Memorandum: 1) Power Supply Engineering, one 40 kva redundant building UPS System estimated $128,776. (replacement) financing to be provided under City's master lease-purchase agreement (PD) 2) Pinellas County Solid Waste, solid waste disposal (dump) fees during the contract period: 08/15/02 through 10/31/03, estimated $4,600,000 (SW) 3) Sylvan Chemical Co., Inc. supply and installation of new carpet plus removal and non-landfill disposal of existing carpet, estimated $166,409.98 (GS) 4) Diesel Energy Systems, emergency back-up generator maintenance during the contract period: 09/01/02 through 09/30/03, estimated $150,000 (GS) 5) Postmaster - postage for City-wide mail during the period: 10/01/02 through 09/30/03, estimated $140,000 (PC) ITEM #13 - Amend the Agreement for Professional Services and approve a Work Order for a feasibility study and permitting of Aquifer Storage and Recovery (ASR) using reclaimed water to Post, Buckley, Schuh & Jernigan (EOR) of Tampa, Florida in the amount of $150,000 (of which a total of $100,000 will be reimbursed), and approve co-funding agreements with the City of Largo and the Southwest Florida Water Management District (SWFWMD) (PW) ITEM #14 - Approve Change Order #1 to the contract between the City of Clearwater and JSS Property Professionals, Inc. increasing the budget by $200,000 for a new contract total of $769,000 for the rehabilitation of the Fulton Avenue Apartments project to include the addition of four (4) units that were not part of the original scope of work and to address other unforeseen work and items necessary for the completion of the project (ED/HSG) ITEM #15 - Approve settlement of the liability claim of Anthony Warren for payment of $40,000 (FN) ITEM #16 - Award a contract to D. Co Marketing Inc of Laguna Hills, California to purchase a Digicaster Automation System at a cost of $171,182 in accordance with SNAP agreement, #7302381-2 (PC) ITEM #17 - Award a contract to Rowland Inc. in the amount of $100,000 for sanitary sewer manhole rehabilitation at various locations throughout the City of Clearwater (PW) ITEM #18 - Ratify and confirm the City Manager's decision to approve a contract to Harvey-Taddeo, Inc. of Oldsmar, Florida for the sum of $55,500 as an emergency situation for the Clearwater East/West Recreation Trail Bridge Installation (00-0064a-PR) (PW) ITEM #19 - Approve naming the new North Greenwood Branch Library Children's Area for Jeanette S. Bacon, the Circulation Area for the Clearwater Community Woman's Club, and the African American Collection for Christine Wigfall Morris (LIB) ITEM #20 - Award a contract to Lunz Prebor Fowler Architects of Lakeland, Florida in the amount of $192,313 for the design and permitting of the Ross Norton Park Recreation and Aquatics Center (PR) ITEM #21 - Approve a one-year funding agreement in the amount of $306,670 between Jolley Trolley Transportation of Clearwater, Inc. and the City of Clearwater for the operation of transportation and trolley services on Clearwater Beach, Island Estates, Sand Key and services from Clearwater Beach to Downtown Clearwater (PR) ITEM #22 - Approve a contract to purchase real property legally described as a portion of Tract A, Myron A. Smith's Bay View Subdivision, according to plat thereof, as recorded in Plat Book 25, Page 57, of the Public Records of Pinellas County, Florida, in the S1/2 of Fractional Section 16, Township 29 South, Range 16 East, more commonly known as "Bayview Park" from The Trust for Public Land (TPL), a California Non-Profit Corporation, for $1,900,000 and authorize acceptance of the deed (PR) ITEM #23 - Reappoint Katherine Merriam to the Library Advisory Board (CLK) ITEM #24 - Reappoint Hank Epstein to the Marine Advisory Board (CLK) ITEM #25 - Approve December 2002 meeting schedule as Worksession 12/02; Commission Meeting 12/05; January 2003 Meeting Schedule as Worksessions 01/06 & 1/21; Commission Meetings 01/09 & 1/23 Commissioner Gray 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 a 5-year land lease and one 5-year extension option, with Arnold-Brown Properties, of an approximately 18,704 square foot parcel improved as a parking lot in the Northwest 1/4 of the Northeast 1/4 of Section 16-29-15, as 421 Drew Street, for initial year's annual rent of $6,456, adjustable annually thereafter, together with other terms and conditions defined therein (PW) Arnold-Brown Properties (“Lessee”) owns a 5-story office building at 121 North Osceola Avenue and has been leasing the west 150 feet of City-owned property along the south side of Drew Street between Osceola and Ft. Harrison since 1985 as additional building parking. In anticipation of future needs, the Lessee proposes to lease the additional 10,589 square foot easterly portion of the City parcel, now utilized as metered Parking Lot #7, which netted the City approximately $600 in 2001. The proposed initial year’s rent of $6,456 is calculated by adding a 4.9 % CPI adjustment to the rate last adjusted in January 2000, multiplied by the 18,704 square feet in the total lease parcel. Rent will continue to adjust with the CPI not less than 3% or more than 5% annually. All property taxes, estimated at $4,241 for 2001, maintenance complying with City codes, utilities and insurance costs are to be paid by Lessee. The proposed lease provides that the existing lease due to expire January 31, 2005 will terminate upon commencement of this lease, and rent due under this lease will abate until the City vacates Lessee’s office building now serving as the temporary Main Library. Among other provisions, the proposed lease also provides that Lessee, with prior City approval, shall have the option to extend the lease for one additional five-year term if not in default, and that the City may terminate the lease by providing 60-day notice to Lessee if the City Commission determines the parcel is required for other municipal purposes. It was indicated the lease includes a 60-day termination clause. One resident spoke in opposition to the lease. The Commission recessed from 9:17 to 9:19 p.m. Assistant City Manager Ralph Stone said the lease will generate 6 times more revenue than when the property was used as a City parking lot. According to the parking study, downtown has enough parking for current demands and the subject lot is under utilized. The City Attorney reviewed procedures required by the City to sell the property, indicating the City Commission could transfer it to the CRA (Community Redevelopment Agency) for less than fair market value. Commissioner Gray moved to approve a 5-year land lease, and one 5-year extension option, with Arnold-Brown Properties, a Florida limited partnership, of an approximately 18,704 square foot parcel improved as a parking lot in the Northwest ¼ of the Northeast ¼ of Section 16, Township 29 South, Range 15 East, commonly addressed as 421 Drew Street, for initial year’s annual rent of $6,456, adjustable annually thereafter, together with other terms and conditions defined therein, and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #27 - Adopt Res #02-40 and approve a State of Florida Department of Transportation Highway Lighting, Maintenance, and Compensation Agreement (PW) Florida Statutes mandates that maintaining agencies such as Clearwater operate and maintain street lighting on state roads within their city limits. Currently the City receives no compensation from the Florida Department of Transportation (FDOT) for said work. The City and FDOT have determined that it is in the best interest and economic advantage of both parties to enter into a Highway Lighting, Maintenance, and Compensation Agreement. Proper and timely maintenance of Highway Lighting is important to the City for public safety reasons. This agreement is the required mechanism for the City to receive partial reimbursement for incurred expenses involved in operating and maintaining street lights on state roads within the City. FDOT agrees to pay the City annual compensation based on the lighting locations listed in the attached Street Light Inventory. The reimbursement amount will vary from year to year depending on the amount budgeted by FDOT. FDOT cannot project the amount of money they will budget for subsequent years, so the lump sum amount on page 2 of the agreement has been left blank. However, any monies budgeted by FDOT will be monetarily advantageous to the City since we do not receive any compensation under the current system. The City will receive a proportionate amount of the budgeted money commensurate with the number of street lights operated and maintained on the state road system in Clearwater. This agreement ensures the sovereign immunity of the City pursuant to Chapter 768.28, Florida Statutes. City Engineer Mike Quillen explained why the City maintains FDOT lights. Mr. Quillen said approval will allow reimbursement to the City for work it already is required to complete under a separate maintenance agreement. Commissioner Jonson moved to approve a State of Florida Department of Transportation Highway Lighting, Maintenance, and Compensation Agreement and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #02-40 and read it by title only. Commissioner Gray moved to pass and adopt Resolution #02-40 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. ITEM #28 - Res # 02-29, providing for the sale of not-to-exceed $26 million Stormwater Revenue Bonds, Series 2002 (FN) A Stormwater rate study has been completed which proposed increasing the Stormwater Utility rate to $6.13 per Equivalent Residential Unit (ERU) effective January 1, 2002, to $7.16 per ERU effective October 1, 2002, to $8.01 per ERU effective October 1, 2003, to $8.65 per ERU effective October 1, 2004 and to $9.35 per ERU effective October 1, 2005. The City Commission approved these rate increases which are sufficient to provide for operations, capital projects, and debt service on bonds issued during this time period. The rate study identified a need for approximately $72.4 million in capital projects, with bonds to be issued in 2002 for projects costing approximately $22,687,000, in 2004 of approximately $22,226,000 and in 2006 of approximately $7,979,000 to fund a portion of the needed capital improvements. Following is a list of $22,687,000 million in projects anticipated to be financed from the 2002 bond issue: Town Lake $ 2,528,300 Kapok Flood Resolution 12,538,080 Myrtle Avenue Drainage Improvements 255,000 Sharkey Road Drainage Improvements 900,000 Stevenson’s Creek Implementation Projects 3,255,000 Tropic Hills Drainage Improvements 550,000 FDEP Compliance 968,000 Storm Pipe System Improvements 1,692,620 Total $ 22,687,000 Ordinance 6378-99 was adopted on April 15, 1999 and Ordinance 6931-02 was adopted on July 18, 2002. Both ordinances authorize the issuance of Stormwater Revenue Bonds by resolution. Resolution 01-21 was adopted on November 15, 2001, which provides for the City to be reimbursed from bond proceeds for expenditures that occurred on these projects prior to issuance of the bonds. This resolution authorizes the competitive sale of not to exceed $26 million of Stormwater Revenue Bonds, and authorizes the Finance Director and City Manager to award the sale of the bonds to the best bidder. Only the amount of bonds needed to fund the $22,687,000 construction costs will be issued. Commissioner Hamilton moved to approve providing for the sale of not to exceed $26 million Stormwater Revenue Bonds, Series 2002, and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #02-29 and read it by title only. Commissioner Jonson moved to pass and adopt Resolution #02-29 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. ITEM #29 - Ord #7016-02 amending Ordinance 6675-01 related to City of Clearwater Revenue Bonds to be issued for the Community Sports Complex in order to provide for the use of certain revenues of the City to pay a portion of the bond debt service requirements (FN) Ordinance 6675-01 was adopted on January 18, 2001, and Ordinance 6854-01 was adopted on September 6, 2001, which authorized the issuance of Revenue Bonds to finance a Community Sports Complex. The principal and interest on these bonds are to be paid from payments to be received from the State of Florida and Pinellas County. The State of Florida has agreed to pay $500,000 per year ($41,666.67 per month) for 30 years and Pinellas County has agreed to pay $587,650 per year ($48,970.83 per month) for 20 years. Both entities began making payments March 1, 2001. We are holding those payments in anticipation of issuing these bonds. The amendments to Ordinance 6675-01 are needed in order to satisfy concerns of bond insurance companies. The changes being made to the original ordinance expand the definition of pledged revenue to include “any City revenues added as an additional payment source for all or any portion of the annual debt service on the Bonds or to support an insurance agreement to the extent required by the provider of any municipal bond insurance for the Bonds as set forth in a supplemental resolution adopted by the City prior to the issuance of the Bonds.” A sale resolution will be brought to the City Commission at the same time as the second reading of this ordinance that will authorize the sale of the bonds for the Community Sports Complex. Staff anticipates issuing these bonds in September 2002. Commissioner Gray moved to amend Ordinance 6675-01 related to City of Clearwater Revenue Bonds to be issued for the Community Sports Complex in order to provide for the use of certain revenues of the City to pay a portion of the bond debt service requirements. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #7016-02 for first reading and read it by title only. Commissioner Hibbard moved to pass Ordinance #7016-02 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. ITEM #30 - Ord #7007-02 - approve adding paragraph (11) to Chapter 33, Section 33.067 of the Code of Ordinance adding a new designated slow down minimum wake zone off Windward Island on Island Estates (MR) The Harbormaster was approached by citizens living on the east side of Windward Island wishing to have a slow speed - minimum wake zone established along their shoreline, the same as their neighbors to the north on Harbor Island. Representatives from their community attended the May and June Marine Advisory Board meetings with their findings from petitions sent to those affected by the wakes. Those surveyed were asked whether or not they thought a wake zone was necessary. Of the thirty-eight petitions sent out, twenty-two residents signed individual petitions agreeing to the need for the wake zone to be established. Two residents said they did not want the channel changed to a slow speed - minimum wake zone. Once Ordinance 7007-02 is adopted, the City will request permission from the Fish and Wildlife Conservation Commission, Army Corps of Engineers, US Coast Guard and DEP for the permits to install the signage necessary to establish the extended wake zone. Pinellas County will be asked to pay for the signs and buoys from funds they have for that purpose, and the installation will be performed by Speeler Enterprises, who has the County contract. This process takes as much as six months. One resident spoke in favor of the ordinance. Commissioner Hamilton moved to add paragraph (11) to Chapter 33, Section 33.067 of the Code of Ordinance adding a new designated slow down minimum wake zone off Windward Island on Island Estates. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #7007-02 for first reading and read it by title only. Commissioner Jonson moved to pass Ordinance #7007-02 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. ITEM #31 - Ord #7017-02, amending Neighborhood and Affordable Housing Advisory Board ordinance to reduce the number of members serving on the board, reduce the number of members necessary for a quorum, and making other clarifying revisions (ED/HSG) The Neighborhood and Affordable Housing Advisory Board (NAHAB) was created by Ordinance 5770-95 to review, monitor and evaluate city programs directed to improving the physical environment and lifestyle of low to moderate income people assisted by the City’s housing and community development programs; and make recommendations to the City Manager and Commission regarding such programs. The existing NAHAB code calls for a nine (9) member board who are appointed by the City Commission for four year terms. A board member cannot serve more than two consecutive terms. In an effort to assist in the recruitment and retention of board members this ordinance modification consolidates four (4) of the board seats into two (2) representative members for a total of seven (7) board members. The ordinance creates a member that represents one of the City’s Neighborhood Revitalization Strategy Areas; combines residential building industry and residential labor into one board member; combines affordable housing and real estate into one board member; and creates a seat for a Clearwater Resident at large. This modification also contains some clarifying language regarding terms of board members, members needed for a quorum and the description of funding sources. Commissioner Gray moved to approve amending the Neighborhood and Affordable Housing Advisory Board ordinance to reduce the number of members serving on the board, reduce the number of members necessary for a quorum, and making other clarifying revisions. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #7017-02 for first reading and read it by title only. Commissioner Hibbard moved to pass Ordinance #7017-02 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. ITEM #32 - Other Pending Matters – None. CITY ATTORNEY REPORTS First Readings ITEM #33 - Ord #6999-02 amending Chapter 21, repealing Section 21.04 of the Code of Ordinances regarding fortunetellers, etc. The current Section 21.04 of the Code of Ordinances prohibits any person from engaging in the business of fortuneteller, phrenologist, palmist, astrologer, character reader, clairvoyant, divine healer or mental healer for hire in the City. Section 21.04 may be in violation of the freedom of speech clause of the First Amendment to the United States Constitution, and it conflicts with Section 2.04(i), Pinellas County Charter. Sections 26.241--26.269, Code of Pinellas County, authorize persons to work as fortunetellers, psychics, etc. who predict future events, subject to the licensing provisions contained in those sections. The provisions apply in all incorporated and unincorporated areas. The provisions involve consumer protection. Because Pinellas County authorizes individuals to engage in the business of fortunetelling after those persons have undergone a criminal background check and after they have complied with other provisions, a conflict exists between the City and County ordinances. Section 2.04(i), Pinellas County Charter, states that in the event of a conflict, the County ordinance shall prevail over a municipal ordinance concerning regulations involving consumer protection. Commissioner Hamilton moved to approve amending Chapter 21, repealing Section 21.04 of the Code of Ordinances, which prohibits any person from engaging in the business of fortuneteller, phrenologist, palmist, astrologer, character reader, clairvoyant, divine healer or mental healer for hire in the City. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #6999-02 for first reading and read it by title only. Commissioner Hamilton moved to pass Ordinance #6999-02 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. ITEM #34 - Other City Attorney Items – None. ITEM #35 – City Manager Verbal Reports – None. ITEM #36 - Commission Discussion Items – None. ITEM #37 - Other Commission Action a) Commission Policies City Clerk Cyndie Goudeau reviewed Commission policy issues still to be resolved: 1) BUDGET G - Road Millage - a request to add curbs and sidewalks to the infrastructure to be addressed; 2) COMMISSION L - a request that mail addressed as "Personal" and/or "Confidential" be opened by the Commission Assistant who would determine if the item truly was not related to City business; and 3) LAND DEVELOPMENT E - Landscaping of City Roads – a request to add language regarding a street tree program. In reference to BUDGET G - Road Millage, language was proposed, “In order to maintain the City’s sidewalks and streets (including curbs and bridges), a road millage will be designated as part of the annual budget process. Priorities will be determined first on functional and safety considerations. Road Millage may be used for aesthetic repairs.” It was felt the current policy already addresses sidewalks and curbs. It was stated the 10-year replacement cycle is based on an overall average. Commissioner Jonson moved to amend the Commission Policies related to Road Millage to read, “In order to maintain the City’s sidewalks and streets (including curbs and bridges), a road millage will be designated as part of the annual budget process. Priorities will be determined first on functional and safety considerations. Road Millage may be used for aesthetic repairs.” The motion was duly seconded and carried unanimously. It was stated the aesthetics of curbs and roads should be the last thing to be considered for funding. In response to a question, Mr. Quillen suggested a 15-year service life for roads is a practical target. In reference to Commission Policy L. Distribution of Commission Mail, language was proposed, “Mail received at City Hall for a Commissioner with the words similar to “Personal,” “Confidential,” or “For the Addressee Only” will be opened by the Commission Assistant who will determine if the mail is related to official City business. If related to official City Business it will be distributed in the normal manner. If unrelated to official City business it will be resealed and delivered to the addressee.” It was felt each Commission member can determine if mail is City business or not. It was stated mail marked “Personal and Confidential” often is not. Commissioner Jonson moved to amend Commission Policy L. Distribution of Commission Mail to read, “Mail received at City Hall for a Commissioner with the words similar to “Personal,” “Confidential,” or “For the Addressee Only” will be opened by the Commission Assistant who will determine if the mail is related to official City business. If related to official City Business it will be distributed in the normal manner. If unrelated to official City business it will be resealed and delivered to the addressee.” The motion died for lack of a second. In reference to LAND DEVELOPMENT E - Landscaping of City Roads, language was proposed, “Landscaping of City Roads – Whenever possible, landscaping will be a part of City road and street improvement/construction projects. The City will implement and maintain an ongoing street tree program to encourage the development of tree-shaded roads where space is available in the public right-of-way. ” Public Works Administrator Mahshid Arasteh said staff tries to implement as much landscaping as possible during road projects. Concern was expressed the proposal commits unidentified funds. It was noted the City already has a policy to plant landscaping in the right-of-way when possible. Commissioner Jonson withdrew his recommendation. Commissioner Gray moved to approve the City Commission Policies as amended related to Road Millage. The motion was duly seconded and carried unanimously. b) Resolutions regarding CVB borrowing from Beach Renourishment Fund Due to lower than expected tourist revenues, the CVB (Convention and Visitors Board) has proposed to borrow $2.4-million from the beach renourishment funds to use for CVB operations. The Big C (Barrier Islands Governmental Council) opposes this use of beach renourishment funds. Concern was expressed the CVB needs to maintain tourism advertisements related to the beach communities. It was recommended the County Commission consider all funding sources before using beach renourishment funds for this purpose. The City Attorney presented Resolution #02-44 and read it by title only. Commissioner Gray moved to pass and adopt Resolution #02-44 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None. Mayor Aungst reviewed efforts to attract the 2004 Republican National Convention to Tampa, thanking efforts by Tampa Mayor Greco, the CVB Director, and the private sector for providing the visiting committee an exciting time while showcasing the area. Mayor Aungst invited residents to attend a CVB workshop at 8:30 a.m. on August 14, 2002 at the Harborview Center to address concerns and questions people have regarding the board. Commissioner Hibbard said he recently had participated in exercises at the fire training station, involving interesting situations. He spoke in appreciation of the City’s well-trained firefighters. Commissioner Hibbard and Mayor Aungst said they had enjoyed the ribbon cutting ceremony at the Greenwood Apartments on July 31, 2002, and complimented efforts to rehabilitate the property. Commissioner Hibbard said he had attended with Commissioner Hamilton a good meeting of the Skycrest neighborhood, which is excited about a Weed and Seed program. Commissioner Hibbard and Mayor Aungst invited residents to attend the City’s open house to discuss budgetary issues on August 12, 2002 at 6:30 p.m. at the Harborview Center. Commissioner Hibbard wished his wife a happy birthday on August 13, 2002. Commissioner Gray reminded residents that school has started and encouraged all to be careful with new traffic patterns, to drive safely, and to slow down. Commissioner Jonson thanked Commissioners for participating in FLC (Florida League of Cities) legislative committees. Commissioner Jonson encouraged the City to apply for the same percentage of road beautification funding that FDOT provides for Tampa and south Florida. Commissioner Jonson referenced a newspaper article regarding the court decision against Granite State’s billboard demand in favor of the City and thanked the Commission and staff for their support in opposing the lawsuit. Commissioner Jonson presented photographs of streetscape improvements along Highway 192 in Kissimmee, which was a county project funded by abutting businesses. Commissioner Jonson said he had spent time with former St. Petersburg Mayor David Fisher who reviewed that city’s programs and showed him street landscaping projects. Commissioner Jonson said many tough issues were discussed tonight and he benefited from the discussion. He thanked Commissioners for their input. Commissioner Hamilton said he had enjoyed participating in a game with fellow Commissioners and staff preceding a Phillies game. Mayor Aungst announced the ribbon cutting at Jasmine Court’s Boys and Girls Club is scheduled for August 12, 2002. The Clearwater East Rotary Club has renovated the kitchen and adopted the club. Mayor Aungst said he will tour MacDill Air Force Base by invitation of General Holland for a Tampa Bay Leaders Command Update and luncheon. Mayor Aungst said he will meet on August 13, 2002 with the Consulate of Mexico from Miami, who is touring certain areas. Mayor Aungst reported the next Work Session is scheduled for August 19, 2002 at 9:00 a.m. ITEM #38 - Adjournment The meeting adjourned at 10:15 p.m.