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CITY COMMISSION MEETING
CITY OF CLEARWATER
October 7, 1999
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Present:
Brian J. Aungst
Ed Hooper
J. B. Johnson
Robert Clark
Ed Hart
Mayor/Commissioner
Vice~Mayor ICommissioner
Commissioner
Commissioner
Commissioner
Also present: Michael J. Roberto
Bill Horne
Bob KeUer
Pamela K. Akin
Cynthia E. Goudeau
Patricia O. Sullivan
City Manager
Assistant City Manager
Assistant City Manager
City Attorney
City Clerk
Board Report~r
The Mayor called the meeting to order at 6:00 p.m. at City Hall. Commission Hart
offered the invocation. The Mayor led the Pledge of Allegiance.
To provide continuity for research, items are in agenda order although not necessarily
discussed in that order.
ITEM #3 - Service Awards
One service award was presented to a City employee.
ITEM #4 - Introductions and Awards
Proclamation: Clearwater Jazz Holiday - October 9, 10, 14 - 17, 1999
& October Jazz Month
Proclamation: Florida Government Week - October 17 - 23, 1999
Proclamation: Public Natural Gas Week - October 3 - 9, 1999
PrOClamation: P-,lternative Transportation Week - October 18 - 24, 1999
ITEM #5 - Presentations
a) Dr. Steve Johnson - SPJC
Dr. Steve Johnson, of SPJC (St. Petersburg Junior College) reported on changes and
progress at the coUege.
Dr. Johnson said the school is working to be responsive to the community and
meeting local business and industry training needs. He offered the school's help in
providing economic development training and contributing to the area's quality of life.
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ITEM #6 - Aoeroval of Minutes
Commissioner Johnson moved to approve the minutes of the regular meeting of
September 16, 1999, as recorded and submitted in written summation by the City Clerk to
each Commissioner. The motion wa~ .duly seconded and carried unanimously.
The minutes of the special meetings of September 14, 1 999 and September 28,
1999 were pulled.
ITEM #6a - Citizens to be heard r8 items not on the Aaenda
Jerrv Rehm spoke in support of Commission and City Manager actions to meet
future City needs.
Joe Calio thanked the City for locating on Sand Key an EMS unit, which recently
saved a Ufe.
Jim Ficken opposed the land assembly ordinance and forced annexation of enclaves.
Earlv Sorenson spoke in support of the City Manager. He disagreed with City
Attorney advice related to due process and property rights.
Bob Henion invited all residents to attend a charette at the Harborview Center on
October 23, 1999, from 10:00 a.m. to 4:00 p.m. to provide recommendations regarding
bluff development.
John Lee supported the transfer of an EMS unit to Sand Key. He requested some
freed Penny for PinelJas funds be dedicated to Fire Department needs. He commended the
City Manager and City Attorney.
Dave Corcoran said the occupation license procedure had improved markedly. He
spoke in support of the City Manager.
John AnastoDolis said the City Manager has made a positive difference to the City.
Breck Parker felt it was unfair that he had paid impact fees and related costs when
his property was annexed while properties now being forced to annex into the City will pay
nothing.
Beth Goodaame spoke in support of the leadership of the City Manager and
Commission.
Tom Nucera said the City had ignored his plea to be left alone and had undermined
his constitutionl'J1 right to privacy by pursuing the annexation of enclaves.
Sheila Cole said recent press coverage has featured f;J negative slant. She spoke in
support of the City Manager.
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John Maouire supported the City Manager's vision and proactive stance.
Raloh Soencer expressed concern regarding mistakes made by the administration.
John Doran invited attendees of this weekend's Jazz Holiday venues to use the free
ferry service to the beach from Downtown.
Rex Clark congratulated the City for being granted $1 5-million by the federal
government.
Georoe Athanasiou supported recent progress on the beach and staff's proactive
response to citizens.
PUBLIC HEARINGS
ITEM #7 - Public HeBrinQ & First Readina Ords. #6447-99. #6448-99 & #6449-99 -
Annexation, Land Use Plan Amendment to Residential/Office General & 0 (Office) Zoning
for property located at 2729 & 2733 S.R.580, Acker.s Sub., Blk 1, Lots 6 & 7 (Rimoun &
Robin Goris I Criss Cross Center Co.,
The applicants have requested annexation and zoning of Resident/Office General and
Zoning Atlas Amendment to Office (01 for 2729 & 2733 SR 580 to obtain water and
sewer service. The Community Development Board unanimously endorsed the request.
'l Commissioner Hooper moved to approve the Petition for Annexation, Land Use Plan
Amendment to ResidentiallOffice General and Zoning Atlas Amendment to Office (0' for
Lots 6 & 7, block 1, Acker's Subdivision. The motion was duly seconded and carried
unanimously.
The City Attorney presented Ordinance #6447-99 for first reading and read it by
title only. Commissioner Clark moved to pass Ordinance #6447-99 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
The City Attorney presented Ordinance #6448-99 for first reading and read it by
title only. Commissioner Hooper moved to pass Ordinance #6448-99 on first reading. The
motion was ,duly seconded and upon roll call, the vote was:
llAyes": Johnson, Clark, Hooper, Hart and Aungst.
nNays": None.
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The City Attorney presented Ordinance #6449-99 for first reading and read It by
title only. Commissioner Johnson moved to pass Ordinance #6449-99 on first reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
Public Hearing - Second Reading Ordinances
, ITEM #8 - Ord. #6444-99 - Amending the Operating Budget far Fiscal Year ending 9/30/99
The City Attorney presented Ordinance #6444-99 for second reading and read it by
title only. Commissioner Clark moved to pass and adopt Ordinance #6444-99 on second
, and final reading. The motion was duly seconded and upon roll call, the vote was:
IIAyes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays'1: None.
ITEM #9 - Ord. #6445-99 - Amending Capital Improvement Program Report and Budget for
Fiscal Year ending 9/30/99
The City Attorney presented Ordinance #6445-99 for second reading and read it by
title only. Commissioner Hart moved to pass and adapt Ordinance #6445-99 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
CITY MANAGER REPORTS
CONSENT AGENDA {Items #10-21} - Approved as submitted less #12
ITEM #10 - Aooroval of Purchases & Declaration of Surolus oer 09/16/99 memorandum:
Sunshine State One Call of Florida, utility line marking throughout gas system area of
operation, 8/10/99-8/31/2000, estimated $41,000 (GAS)
FerreUgas, propane for resare throughout gas system area of operation, 1111/99-
, 0/31/2000, estimated $100,000 (GAS)
Texaco Natural Gas Liquids, propane for resale throughout gas system area of operation,
11/1/99-' 0/31/2000, estimated $150,000 (GAS)
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Smith Fence Company, materials & installation for various fencing projects throughout City,
11/1/99~ 10/31/2000, estimated $100,000 (QOL)
Florida Crushed Stone Company, #57 aggregate for use throughout City, 10/8/99~
9/30/2002, estimated $33,600 (PW)
Compaq Computer Corp., annual maintenance of 3 aJphaservers used by IS, 10/1/99-
9/30/2000, estimated $31,544.14 (IT)
Oracle Gorp., database licenses & support of software used by IS, 10/1/99-9/30/2000,
estimated $40,000 (IT)
Xerox Corp., five 5 year Ir.n!l;es of digital printer / copy machines to be used by various
departments, 10111/99-10131104, estimated $115,000 {lT~
Postmaster, Clearwater, postage used by all departments, 10/08/99-09130/00, estimated
$125,000 (IT)
Voyager Fleet Systems, vehicle fuel used by all departments, 12/01/99~11 /30/00,
estimated $400,000 (GSS)
Peterbilt of Central Florida, four 2000 Peterbilt solid waste side loader garbage trucks with
Rapid Rail bodies, $506,136; Declare surplus to City needs four 1991 Crane Carrier
Corporation Automated Side Loaders and authorize disposal through trade-in; financing to
be provided under City's Master Lease-Purchase Agreement (GSS)
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S & M Truck World, truck accessories used by all departments using vehicles, 10/08/99-
10/31/00, estimated $ 50,000 (GSS)
ITEM #11 - (Cont'd from 09/16/99) Aareement with Pinellas County Fire Protection
Authoritv to provide fire services (FD)
ITEM #12 - See OBoe 6
ITEM # 13 - Agreement with Pinellas County School Systems / Clearwater Adult Education
Center to provide educational services, estimated $67,000 (PO)
ITEM #14 - Confirm 'copsponsorship & waiver of City fees for soecial events including Jazz
Holiday, Fun N' Sun, Fourth of July, Holiday Sights and Sounds and Parade, Turkey Trot,
North Greenwood Street Festival, Martin Luther King Jr. Parade, Memorial Day, Clearwater
Pass Bridge Run, Saturday in the City, and Military Appreciation Day, estimated $285,690
($84,720 cash contributions and $200,970 in-kind contributions)(PR)
ITEM #15 - Aoorove RFP Review Committee rankinQ for Holt Avenue Youth Center and
grant proposals: 1) African American Leadership Council, Inc., 2) Suncoast Family YMCA;
authorize staff to negotiate agreement with #1 (PR)
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ITEM #16 . Aoorove relmburslna Philadelphia Phillles $50,000 for needed repairs &
improvements at Jack Russell Stadium (PR)
ITEM #17 - Contract for Lake Chautauaua Boardwalk and Dock to Bayshore Construction,
Inc., for $85,736.20, including 10% allowance for contingencies (PW)
ITEM #18 - Aoorove final olat for Cleverand Plaza Commercial Corner, located at 1 S.
Missouri Avenue (Eckerd Drug Store)(PW)
ITEM #19 - First Amendment to Aoreement for Professional Services for 5 engineers-of.
record (PW)
ITEM #20 - Orainaoe & Utilitv Easement - portion of Clearwater High School property
abutting Allen's Creek on North side of Druid Road to reconstruct Druid Road bridge and
culvert (School Board of Pinellas County)(CA)
ITEM #21 ~ Approve Clearwater Housing Authority request to apply payment in lieu of
taxes to CHIP
In response to a question regarding Item #18, staff will verify if the site still has 340
spaces. Concern was expressed that parking spaces which allow backing out into the main
travel lane are permitted by code. Staff will review that issue during the code's 6-month
review.
Commissioner Clark moved to approve the Consent Agenda as submitted, less Item
#12, and that the appropriate officials be authorized to execute same. The motion was
duly seconded and carried unanimously.
ITEM #12 - Rescind 09/02/99 award of contracts effective 09/03/99 to Temoaco of
Pinellas and Castle Supplv, for miscellaneous gas repair & installation parts; Award
contracts to Tempaco of Pinellas, for period 10/08/99-09/30100, estimated $192,000 and
Castle Supply, for 10/08/99-09/30/00, estimated $181,000 (GAS)
On September 2, 1999, the Commission awarded contracts to Tempaco of Pinellas
and Castle Supply to provide miscellaneous gas repair and installation parts for the period
September 3, 1999 to September 30, 2000. Award of these contracts was under protest
at that time and the item inadvertently was included in the consent agenda.
Winfrey Corporation was awarded a similar contract as a result of Bid 22-99.
Winfrey was not performing and a new bid, 78-99, was let. Staff sent Winfrey a 30-day
termination notice to coincide with the award of the new bid. Winfrey submitted a
response to the new bid and was the low bidder. Due to the City's prior experience, staff
did not recommend Winfrey for award. Winfrey protested the award to Tempaco and
Castle. The protest process is complete and approval of this split contract can be
accomplished under the terms of Bid 78-99.
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Staff recommends that Lines 30~50 (Corrugated Stainless Steel Tubing and Fittings)
of Bid 78-99 be awarded to Castle Supply, Oldsmar, Florida, in the estimated amount of
$181,000 for the period September 17, 1999 to September 30. 2000, and the remainder
of Bid 78~99 be awarded to Tempaco of Pinellas, Largo, Florida, in the estimated amount of
$192,000 for the period September 17, 1999 to September 30,2000. These
miscellaneous gas repair and installation parts will be used throughout the Clearwater Gas
System during the contract period. The award of Bid 78~99 will save approximately
$58,000 when compared with Bid 22~99.
Dan Winfrey, of Winfrey Corporation, said he had held this contract for 3 years as
franchise holder for Tempaco of Pinellas. His franchise contract was not renewed last
year. He felt the clause allowing a new bid was not fair. He said he had submitted the
lowest bid and should have been awarded the new contract. Clearwater Gas Operations
Manager Tom Sewell reported a business decision against the use of a sole source bidder
was made to better serve Gas System customers. In response to a question, the City
Attorney said Mr. Winfrey had exhausted the City's internal appeal process. His next
remedy is the court.
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In response to a question, Mr. Sewell said the proposed agreement is with the new
Tempaco operator. He said after the Winfrey Corporation had demonstrated problems
servicing the contract, a clause was added to the next contract to allow a follow~up bid.
The City Attorney said staff has reviewed the contract and believes correct procedures
were followed.
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Commissioner Clark moved to rescind September 2, 1999, award of contracts
effective September 3, 1999, to Tempaco of Pinellas and Castle Supply, for miscellaneous
gas repair and installation parts, and award contracts to Tempaco of Pinellas, for
miscellaneous gas repair and installation parts, from October 8, 1999 to September 30,
2000 at an estimated amount of $192,000, and Castle Supply for miscellaneous gas repair
and installation parts, from October 8, 1999 to September 30, 2000 at an estimated
amount of $181 ,000 and that the appropriate officials be authorized to execute same. The
motion was duly seconded and carried unanimously.
The Commission recessed from 7:30 to 7:48 p.m.
OTHER ITEMS ON CITY MANAGER REPORT
ITEM #22 ~ Update reaardina Beach Entrvwav (Roundabout) Project (eM)
Ben Doan, of PBS&J (Post, Buckley, Shuh & Jernigan, Inc.), said the project is on
time and on budget. A pedestrian crosswalk will be in place for the Jazz Festival. Removal
of the median and curbing replacement will impact traffic for less than a week. Pilings for
the pedestrian bridge are finished. The underground vault for the fountain is complete.
Traffic soon will be routed through the roundabout.
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~ ITEM #23 - Acceot oetition from JMC Communities of Clearwater III, Inc., General Partner
, " (& Mandalay Beach Club, Ltd.) for Acquisition, Land Assembly, and redevelopment
assistance (ED) a/k/a Cheezum development
The City Commission adopted Ordinance 6410-99 to facilitate redevelopment and'
declared a portion of Clearwater beach as needing revitalization. Mandalay Beach Club,
Ltd., a Florida limited partnership, has filed a petition for land assembly/redevelopment
assistance for the area bounded by San Marco, Mandalay Avenue, Papaya, and the Gulf of
Mexico. The developer controls 73% of the candidate redevelopment area and has made
bona fide offers to purchase all parcels within the boundaries.
The requested assistance is for: Phase 1) City would participate in the cost of
revitalization /redevelopment and provide other assistance. City participation costs would
be paid back in 1 2 annual payments, the first 2 equal to 5 % each of the City's Investment
and the remainder equal to 9 % each, less the amount of real estate taxes paid by the
project each year to the City and Phase 2) City could be requested to assemble parcels,
perhaps through eminent domain proceedings, and convey the parcels to the developer.
The City and developer would negotiate the amount to be paid hy each party with the
amount paid by the City to be paid back in the same fashion as Phase 1 .
The project will have at least 1 50 dwelling units in 2 residential buildings with '.
heights not to exceed 150 feet. A potential for retail and restaurant uses on Mandalay
Avenue exists.
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Charles Siemon, of Siemon and Larsen, said JMC Communities of Clearwater III. Inc.
controls all land in the southern 2 blocks of the area designated by Ordinance 6410-99
except for parcels fronting North Mandalay Avenue. The developer seeks City assistance
to revitalize and redevelop these parcels. He said the City always has identified these 2
blocks for priority redevelopment efforts. He said this opportunity for catalytic
development will trigger other revitalization activities along the corridor. The developer
proposes to work with parcel owners to revitalize their properties in a manner consistent
with City redevelopment plans. The developer is willing to make these efforts over an
extended period. If these actions do not work, the developer will request further help and
may seek eminent domain action. The development agreement also contemplates certain
streetscaping improvements to Papaya, San Marco, and North Mandalay, which are
consistent with the preliminary design of the City's strategic development plan.
Ed Armstrong, JMC Communities representative, reviewed the developer's history
and previous developments. He discussed plans for a pedestrian-oriented development
with a family-friendly village atmosphere featuring residences, shops, restaurants, and an
extensive amenity package with a beach club, pool, cabanas, fitness center, underground
parking, concierge, etc. The 157 residential units will be in two 13-story buildings with 2
levels of parking. The structures' narrow profile will provide open vistas from Mandalay
Avenue. Vehicle access will be on side streets. He said this request does not obligate the
City to expend funds. The developer requests vacation of the Gulfview right-of-way,
completion of San Marco and Papaya streetscaplng by January 1, 2002, and North
Mandalay streetscaping by January 1, 2004, to include a landscaped median and sidewalks
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on the west side at least 10 feet wide. In response to a question, Mr. Armstrong said the
developer owns all land abutting the requested right-of-way vacation. The a'greement
contains no cap and no commitment.
Seven residents spoke in oppositIon to the proposed agreement and two spoke in
support. Concern was expressed that Mandalay Avenue not be narrowed. In response to
a concern, Mr. Siemon said the developer is not requesting any title claim to the beach
seaward of the subject property.
In response to a question, Assistant City Manager Bob Keller said the Commission
will consider each step before implementation. In response to a question, Mr. Siemon said
the code allows structures to be as tall as 1 50 feet if rights are transferred from other
areas and densities do not increase. In response to a question, Public Works Administrator
Rich Baier said the proposed development would not affect Mandalay Avenue's level of
service. Mr. Siemon said if not for this development, no improvements to Mandalay
Avenue would occur for at least 5 years. In response to a question, the City Attorney said
density related to the subject property will not change. The City's right to use the beach in
front of the subject property does not lapse.
Concern was expressed 6 pages of agreement revisions had been distributed to the
City Commission this afternoon. The City Attorney said revisions reflect Commission
direction during Monday's Work Session. In response to a question, Planning Director
Ralph Stone said the towers must meet code and be at least 100 feet apart. Mr.
Armstrong said the development complies with all other code requirements. In response to
a question regarding the quit claim issue, Mr. Armstrong reviewed the protracted litigation
settled in 1989, which created certain use rights for the public and property owners. The
developer is not requesting amendment nor modification to that agreement. The City
Attorney said the developer cannot exclude the public from the beach seaward of the
subject property.
It was felt the proposed partnership agreements provide an opportunity for property
owners on Mandalay Avenue to improve the value and worth of their property while
retaining ownership. Opposition to the use of eminent domain for this type of development
was expressed. In response to a question, Mr. Siemon said if the petitioner is unable to
eliminate negative aspects on Mandalay Avenue, he may request the use of eminent
domain if the Commission agrees that action is necessary to serve the public purpose. No
commitment to that action is requested today.
In response to a question, the City Attorney said the development rights for 7 units
, were transferred from the Meridian on Sand Key to a City property and from the City
property to this development. Mr. Siemon said such a transfer ;s permitted. He said he
had authored the limit to transfer development rights to one mile or less was an error as he
had not realized that limitation would exclude a portion of the City's barrier islands. He
recommended those limits be expanded. Concern was expressed the procedure had not'
allowed adequate time for public comment. In response to a question, the City Attorney
said development to the north of the subject property would be limited to 62 dwelling units
or 84 hotel/motel units. In response to a question, Mr. Armstrong estimated the
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development will pay approximately $50,000 in impact fees. In response to a question,
Mr. Baier said streetscaping for Papaya and San Marco will cast approximately $740,000.
The importance of enhancing the commercial corridor along Mandalay Avenue was
noted. In response to a question, the City Manager said the 2 options related to Mandalay
Avenue are based on community feedback to maintain 4 lanes of traffic. Mr. Siemon said
the proposed development will create demand for a parking garage beyond beach related
traffic. Opposition to the use of eminent domain was stated, although concern was
expressed that one party could stop the development. Allowing owner participation in
Mandalay Avenue redevelopment was supported. It was felt 4 weeks of public discussion
should precede the Commission's vote.
Commissioner Hooper moved to accept a petition by Mandalay Beach Club, Ltd., for
land assembly and redevelopment assistance pursuant to Ordinance #6410-99. The
motion was duly seconded. Commissioners Johnson, Hooper, Hart, and Mayor Aungst
voted i'Aye"; Commissioner Clark voted "Nay." Motion carried.
The Commission recessed from 9:23 to 9:34 p.m.
ITEM #24 - Request for $25.000 contribution toward track Improvements at Clearwater
High School
The City and Pinellas County School Board have shared facilities under a joint
,~I~ facility agreement for many years. Occasionally, the City and School Board will partner in
("',:r,~ sharing resources to construct capital improvement projects. Ed Wells is spearheading a
community group which is soliciting funds from, private and community groups to install a
state of the art synthetic track surface at Clearwater High. The current tract was in a state
of disrepair and needed to be replaced.
The School Board has contributed approximately $170,000 to replace the track by
repairing subsurface drainage issues, removing hazardous concrete walks and walls, and
providing a porous asphalt surface that can be converted to the synthetic track surface. Of
the approximate $270,000 cost of the synthetic track surface, $135,000 has been raised
from the community. Fund raising efforts are underway to obtain the remainder. Mr. Wells
,has requested the city contribute $25,000. Several local groups and individuals use the
track daily under the joint utilization agreement.
The proposed surface will allow for AAU sponsored races, masters races, intramural
races, and district and state high school meets. The professional surfacing will attract
prestigious races and provide a professional track for Clearwater citizens.
Ed Wells said the 1992 AAU meet had generated $13-million for the community.
Commissioner Clark moved to approve a $25,000 contribution toward track
improvements at Clearwater High School. The motion was duly seconded. Commissioners
Johnson, Clark, Hooper, and Mayor Aungst voted "Aye"; Commissioner Hart voted "Nay."
Motion carried.
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,One resident spoke in support of the measure.
Concern was expressed the City is setting a precedent by funding a school need. It
was noted most Parks & Recreation Department needs for gymnasiums are met by school
facilities. The City has a contract with Clearwater High to use the track.
ITEM #25 - Res. #99-43 - authorizing establishment of regional stormwater treatment
facility and service district within downtown Clearwater, for treatment and attenuation of
stormwater and compliance with State and Local Environmental Regulations, to be
managed by the Engineering Department (PW)
In December 1998, the City Commission approved development of the Town Pond
project. The new Community Development Code allows water quality treatment
requirements for site development to be waived if the entire property is within a
Commission-approved, designated regional retention district.
This resolution creates a 220-acre, regional stormwater treatment facility and
service district bounded approximately by Drew Street, Ft. Harrison Avenue, Court Street,
and Missouri Avenue. The project can serve. as the regional, water quality treatment
facility for all nearby development should developers take advantage of the facility. This
resolution also establishes a fee schedule with waiver options for developer participation.
Participation will be optional. Non-participating developments are required to comply fully
with all local and State environmental regulations.
PST A (Pinellas Suncoast Transit Authority) has requested use of this facility when
'developing their site at the corner of Ft. Harrison Avenue and Park Street. The regional
retention district must be established before staff can consider this request.
In response to a question, Mr. Baier said flooding problems on Chestnut Street need
to be addressed separately because Chestnut Street properties are in a different basin. He
suggested the City could consider constructing another pond to meet the needs of other
Downtown drainage basins. SWFWMD (Southwest Florida Water Management District)
has approved the Town Pond. One resident spoke in favor of the proposal.
Commissioner Hooper moved to authorize the establishment of a regional
stormwater treatment facility and service district within Downtown Clearwater, for the
treatment and attenuation of stormwater and compliance with State and local
environmental regulations to be managed by the Engineering Department and that the
appropriate officials be authorized to execute same. The motion was duly seconded and
carrjed unanimously.
The City Attorney presented Resolution #99-43 and read it by title only.
Commissioner Clark moved to pass and adopt Resolution #99-43 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was: '
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"Ayes": Johnson, Clark, Hooper, Hartand Aungst.
'''Nays'': None.
ITEM #26 - Enclave Annexation Procram (PLD)
In his September 13, 1999, memorandum, Planning & Development Services
Administrator John Asmar reviewed a Special Act approved during the 1998 legislative
session that addresses some local enclave issues. The Act allows involuntary annexations
in Pinellas County between July 1, 1999, and June 30, 2001. Affected enclaves must
have existed before July 1, 1999, be smaller than one acre, and be surrounded by one
municipality. Staff has identified 146 enclaves that meet the Act's requirements. While
most are single family parcels, 17 enclaves have nonresidential uses and one has a duplex.
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Municipal obligations in the Act: 1} City has a defined planning area in accordance
with Florida statutes; 2} City can provide urban services to the enclaves in a timely
manner; and 3) City pays construction costs related to utility extensions. The City meets
requirement #1 through a 1992 interlocal agreement with Pinellas County. Regarding #2,
either the City or County already pruvides potable water service to each enclave. While
sewer service to 52 enclaves is lacking, staff indicates they can be served in a timely
manner. Regarding #3, the Legal Department has determined construction costs must
include the sewer impact fee for all structures. The Public Works Department estimated
impact fees at $900 per single family home. Extending sewer service to the 146 enclaves
wiU cost an estimated $950,000 to $1.1-million. Service contracts to design the '
extensions and manage the annexation process are estimated to cost $253,822 for
engineering and $58,796 for planning. Total costs to extend utilities to the subject
enclaves are estimated to cost between $1,265,000 and $l.4~million.
A fiscal analysis comparing financial benefits with associated costs estimate new
sources of annual revenues: 1) $54,520 - new ad valorem taxes; 2) $22,444 - franchise
fees; and 3) $44,540 - new utility fees. If all 146 enclaves are annexed, related revenues
are estimated at $1 21,504 annually. The City can recover the subject utility extension
costs within 8 to 11 years. Staff feels this payback schedule is reasonable, noting
intangible benefits include improved ability to consider the City's entire planning area,
improved groundwater quality due to elimination of septic tanks, increased neighborhood
cohesiveness, and improved delivery of City services.
Staff recommends initiating and pursuing the enclave annexation program
immediately.
AND
ITEM #27 - Work Order to Wade-Trim for engineering & planning services for Enclave
Annexation Program, $314,586.96 fPLD)
Staff recommends pursuing the involuntary annexation of approximately 146
enclaves, pursuant to the Special Act approved by the Florida Legislature In 1998. Staff
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prepared a fiscal analysis comparing the estimated cost of utility extension with new
revenues and determined annexation of the subject enclaves to be fiscally sound.
Staff recommends hiring an engineering/planning firm to design the utility
extensions, coordinate the scheduling of sewer utility extensions with specific annexation
date(s). prepare an evaluation of the subject enclaves to insure compliance with the Special
Act, and to develop an information program that provides process information, schedules,
and benefits of annexation to the public.
Due to the June 30, 2001 deadline and specialized nature of the project, staff
recommends use of an outside firm. Staff evaluated five pre-qualified engineering firms of
record and selected Wade-Trim as the most qualified. The selection of a single firm to
provide both planning and engineering services is necessary due to the synergistic nature of
the project and the importance of coordinating annexation dates with City-provided sewer
improvements for subject property owners.
Five people spoke in opposition to the enclave annexation program.
It was felt a format that allows more public discussion is needed. Assistant
Planning Director Cyndi Hardin said preliminary work must be done now to complete the
process before the June 2001 deadline and the proposed contract includes an extensive
public information program. The City wants to be able to serve properties at the time of
annexation. It was noted Largo and Dunedin already have acted on this issue. It was
noted taxes and fees wi!! increase $170 annually for the average property. Ms. Hardin
noted enclaves who currently receive City water will no longer be charged the 25 %
surcharge and may end up saving money. In response to a question, she said project
funding will come from the sewer fund. Concern was expressed that City sewer fees not
be increased to cover these costs. It was noted enclave residents receive free City
streetlights, stormwater treatment, road maintenance, and curbs.
Concern was expressed that owners of subject enclave properties will not be
charged for sewer extension costs and impact fees. Property owners will be responsible
for the cost to connect to the sewer line. The law indicates those without valid operating
septic systems must hook up to the City's sewer. Ms. Hardin said the Pinellas County
Health Department could identify only 16 septic tank permits for the 146 properties. She
said septic tanks can be responsible for potential environmental problems. It was
recommended owners of properties without valid operating septic systems be required to
pay all annexation related costs. Planning & Development Services Administrator John
Asmar said protection of the environment is paramount. Staff feels'properties without
operating septic systems infringe on the property rights of other owners of property in the
water shed. It was requested staff report if this project causes financial difficulties for any
property owner. Ms. Hardin said Wade Trim will confirm septic system permits and
contact affected property owners regarding options to obtain one. Mr. Asmar said this
request is to plan and design the project. Concern was expressed the City is spending
$314,586 on a project which might not go forward. Mr. Asmar said several public
hearings will be held. It was felt it is time to rid the area of septic tanks, which pollute the
community's water table.
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~ Commissioner Clark moved to approve the Work Order with Wade-Trim In the
" t,;, amount of $314,586.96 to provide engineering and planning services for the Enclave
Annexation program. The motion was duly seconded. Commissioners Johnson and Clark
and Mayor Aungst voted "Aye"; Commissioner Hooper and Hart voted "Nay." Motion
carried.
SEE 1 1 /4/99 - #35a
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ITEM #28 - Airoort Authority - 1 'appointment (elK)
Commissioner Johnson moved to appoint Brenda Harris Nixon. The motion was
duly seconded and carried unanimously.
ITEM #29 - Municioal Code Enforcement Board - 2 appointments (eLK)
Commissioner Clark moved to reappoint Franke Huffman and Sheila Cole. The
motion was duly seconded and carried unanimously.
ITEM #30 - Other Pendiml Matters - None.
CITY A TTORNEV REPORTS
ITEM #31 - Other Citv Attornev Items - None.
ITEM #32 - City Manaae, Verbal Reoorts - None.
ITEM #33 - Commission Discussion Items
a) City Manager Evaluation
Commissioner Hart recommended the evaluation process be a more formalized
process and requested changes to the process be discussed as a future agenda item. He
expressed support for the City Manager with reference to his significant list of
accomplishments and positive changes In the community. The City Manager's vision,
energy, and creativity are well appreciated. Concern was expressed regarding the City
Manager's lack of detail, his difficulty in following procedures, and lack of candor. Concern
was expressed this type of leadership results in the City Commission making poor decisions
with little discussion or public debate. It was recommended decisions be scheduled after
adequate .time for analysis and public debate has occurred.
Commissioner Johnson stated in the past year, the City Manager has demonstrated
his ability to promote his projects through town meetings and neighborhood charettes.
Concern was e?<pressed no projectsl have been completed. The Commissioner listed
incidents that have caused him great concern. He felt the City Manager lacks candor and
requests City Commission approval of items without providing adequate background
information. Although the City Manager has apologized for mistakes, concern was
expressed poor decisions continue. Commissioner Johnson recommended the City
Manager slow down and survey progress before considering new projects. A rating of
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satisfactory to poor relates to tho City Manager's communication skills, attitude, and
judgment.
Commissioner Hooper noted the City Manager had worked hard to accomplish the
City Commission's vision when he first arrived. Commissioner Hooper noted a large
number of projects were undertaken to meet the vision and he felt the City Manager works
too hard and paces himself faster than staff, the City Commission, or citizens can maintain.
It was noted past errors in judgment cannot be changed. A noticeable difference has
occurred since the City Commission addressed concerns regarding the City Manager's
interaction with staff and timely distribution of necessary information. It was felt the City
Manager had redefined the position in a positive way. He was complimented for hiring a
professional staff. It was recommended the City Manager learn from mistakes.
Commissioner Clark indicated many citizens had forwarded communication related
to the City Manager expressing either praise or criticism. He noted the results of the City
Manager's efforts to kick start the community are evident Citywide. Commissioner Clark
expressed the paramount importance of public trust in government. He expressed deep
concern regarding past problems and the appearance of smoke and mirrors during the last
budget process. He also expressed concern regarding the stability of staff considering
major personnel changes that occurred in the last year. He recommended the City Manager
demonstrate more candor and concentrate on his job to revitalize all areas of the City.
Mayor Aungst agreed a more formal evaluation should be developed that is based on
quantitative items and lists expected achievements, desired improvements, etc. He agreed
there had been problems in the past year but felt the City Manager had followed
Commission direction and now spends more time with staff. He stated the City
Commission needs to communicate what they expect of the City Manager and how things
should be done. He expressed absolute trust in the City Manager. Mayor Aungst felt
many projects are complete or near completion and that the City Manager has acted to
accomplish City Commission direction. He commended the City Manager's
accomplishments. He felt the City Manager is responsible for the City's dynamic move
forward. The Mayor stated while the City Manager has made some mistakes, citizen
letters overwhelmingly support the City Manager.
b) City Attorney Evaluation
Commissioner Clark complimented the City Attorney regarding her oversight of
several complex development agreements and the process of developing a new Community
Development Code. He praised the City Attorney for her professional legal team and
recommended the team's compensation package be improved to reflect the value the
public receives from their efforts. He noted the City Attorney has demonstrated wisdom in
selecting outside counsel when necessary and saving the City taxpayers money. A large
thank~you for a job well done was given.
Commissioner Hooper complimented the conservative nature of the City Attorney's
advice and said her communication of important issues to the City Commission is
appreciated. He said the Legal Department's staff is responsive and the outside counsel
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chosen by the City Attorney are gifted and talented specialists. The City Attorney was
thanked for her good work.
Commissioner Johnson felt the City is fortunate to have Pam Akin as its City
Attorney. He said the City Attorney had grown in stature and is one of the State's
outstanding City Attorneys. He complimented the City Attorney for her intelligence and
wisdom and for heading an excellent department. He noted the City Attorney is always
available to the Commission for assistance, is knowledgeable and has done an excellent
job. He said the City Attorney is highly respected by her peers.
Commissioner Hart praised the City Attorney for her professionalism, knowledge,
and conservative nature and noted the City Attorney provides a great deal of information to
him during weekly meetings. He recommended the City Attorney be more assertive when
presenting her position to the City Commission. He requested the City Attorney advise the
Commission if important questions have not been asked. The City Attorney's assistance in
the decision making process was complimented as was her fine representation of the City
and City Commission.
Mayor Aungst indicated the City Attorney has provided the Commission a better
understanding of what it can and cannot do and suggested the City Attorney be more
aggressive when addressing actions the City Commission cannot take. Improved
communications between the Legal Department and City Manager Office were noted.
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In response to a question, City Clerk Cyndie Goudeau said the evaluation process
will be scheduled for discussion during the November 15, 1999, Work Session, when City
Commission policies and procedures are scheduled for discussion.
ITEM #34 - Other Commission Action
Commissioner Hart said the public must be informed and involved in the decision
making process.
Commissioner Hart requested a public update of the mangrove issue on Memorial
Causeway.
Commissioner Hart referred to the recent City closing due to a tropical storm that
changed direction, and questioned once a threat disappears if a skeleton crew could
answer inquiries.
Commissioner Johnson and Mavor Aunqst thanked citizens for attending and
participating in tonight's meeting.
Commissioners !-Ioooer and Clark said the I'Make a Wish" fishing tournament held
last weekend at Pier 60 was a success with more than 1 ,000 people in attendance. Mavor
AunQst apologized for not being able to attend.
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. Commissioner HooDer and Mavor Aunast reminded this weekend's Jazz Holiday
attendees to ,use the free ferry service leaving every 16 minutes from Downtown as beach
parking will be limited and expensive.
Commissioner Clark invited citizens to also attend next week's Jazz Holiday venues
at Coachman Park.
Commissioner Clark invited residents to the Harborview Center on October 23,
1999, for a charette regarding bluff development.
Commissioner Clark said arts & craft exhibits Downtown during the last 2 weekends
helped bring the City alive.
.' Mavor Aunast apologized for losing his temper following accusations he felt were
. unjustified.
ITEM #35 - Adiournment
The meeting adjourned at 11 :05 p.m.
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.' ATTEST: C~ [. LcO-O. _
, , ' . U City Clerk
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