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CITY COMMISSION MEETING
CITY OF CLEARWATER
April 4, 2002
Present:
Brian J. Aungst
Whitney Gray
Hoyt P. Hamilton
William C. Jonson
Frank Hibbard
Mayor/Commissioner
Commissioner/Acting Vice-Mayor
Commissioner
Commissioner
Commissioner
Also present: William B. Horne II
Garry Brumback
Ralph Stone
Pamela K. Akin
Cynthia E. Goud~au
Patricia O. Sullivan
City Manager
Assistant City Manager
Assistant City Manager
City Attorney
City Clerk
Board'Reporter
The Mayor called the meeting to order at 6:03 p.m. at City Hall. The 'invocation
was offered by Reverend David Landers of the Heritage United Methodist Church. The
, Mayor led the Pledge of Allegiance.
To provide continuitY.for researchl items are in agenda order although not
necessarily discussed in that order. '
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ITEM #3 - Introductions and Awards
Proclamations:
. Fair Housing Month - April 2002
Neighborhoods Week - April"15 - 20, 2002
Community Development Week':' April 1 - 5, 2002
ITEM #4 - Presentations
a) Presentation -Celebrate Clearwater Neighborhoods
Neighborhood Services Manager Fredd Hinson reviewed events planned for
Celebrate Clearwater Neighborhoods Week, April 15 - 20, 2002. Planned events during
the we~k include a coffeehouse for teens, landlord and tenant training, a public speaking
and presentation skills workshop, and 20 block' parties. '
b). Beautification Committee to present award to Autoway
The Beautification Committee presented Autoway, on Gulf-to-Bay Boulevard, with a
plaque honoring the company's enhanced landscaping efforts.
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ITEM #5 - Approval of Minutes
Co~missioner Jonson moved to approve the minutes of 'the regular meeting of
March 21, 2002, as recorded and submitted in written summation by the City Clerk to
each Commissioner. The motion was duly seconded and carried unanimously. .
Commissioner Jonson moved to appoint Commissioner Gray as Acting Vice-Mayor
for this meeting. The mot~on was duly seconded and carried unanimously.
ITEM #6 - Citizens to be heard re items not on the Agenda
Rick and Rene Teal expressed appreciation to firefighters who responded to the
January 1 1, 2002, accident that killed their eldest son 'and injured their younger son. They
love Clearwater and expressed appreciation to those who responded and expressed
sympathy and concern. A State of the Art facility is being dedicated at Clearwater High
School in memory of Ricky Teal.
Ed Hooper, pointing out what the City does right, complimented Bill Horne, a
talented and gifted City Manager, for doing an incredible job.
Judy Melges, Community Chair of the Library Capital Campaign, invited residents to
attend the Garage Sale in support of the new Main Library on April 23 and 24, 2002, and
a "Thanks for the Memories" Party on April 28, 2002.
PUBLIC HEARINGS
Public Hearing - Second Reading Ordinances
ITEM #7 - Ord # 6932-02 - Residential Rentals, creating Article 3, Division 23,
Community Development Code for applicability and restrictions, and amending Appendix A,
regarding occupational license fees, code of ordinances; and approval of a new Residential
Rental Compliance Notice Requirements for Minimum Applicable Standards form to be filed
at the time of occupational licensing.
The City Attorney presented Ordinance #6932-02,for second reading and read it by
. title only. .
O'ne per~on spoke in opposition and one person spoke. in support of the ordinance.
'Assistant City Attorney Leslie Dougall-Sides said the ordinance does not reference
mobile homes as the State regulates mobile'homes separately from fixed housing. No
additional staff will be needed ,to implement and administer proposed changes.
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Commissioner Jonson moved to pass and adopt Ordinance #6932-02 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Gray, Hamilton, Jonson, Hibbard and Aungst.
'''Nays'': None.
ITEM #8 - Ord #6937-02 - Annexation Amendments for 1328 Woodbine Street (Lot 17,
Block 8 of Pine Ridge in Section 1 0-29S-15E) (Liberian A. Miles) ANX 01-12-30
AND
ITEM #9 - Ord #6938-02 - Land Use Plan Amendments for 1328 Woodbine Street (Lot '17,
Block B of Pine Ridge in Section 10-29S-15E) (Liberian A. Miles) LUP 01-12-30
AND
ITEM # 10 - Ord #6939-02 -Zoning Atlas Amendments for 1328 Woodbine Street (Lot.1 7,
. Block 8 of Pine Ridge in Sect,on 10-29S-15E) (Liberian A. Miles) LUZ 01-12-30
. Commissioner Gray moved to continue Items #8, #9, and #10. The motion was
duly seconded and carried unanimously.
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ITEM #11 - Ord #6940-02 ,; Annexation Amendments for 2119 Pleasant Parkway (Lot 5,
Pleasant Ridge Estates Subdivision in ~ection 24-295-1 5E) (John L. and Linda W.
Blechschmidt) ANX 01':'12-31
The City Attorney presented Ordinance #6940-02 for second reading and read it by
title only. Commi~sioner Hamilton moved to pass and'adopt Ordinance #6940-02 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Gray, Hamilton, Jonson, Hibbard and Aungst.
"Nays": Non.e.
ITEM #12 - Ord #6941-02 - Land Use Plan Amendments for 2119 Pleasant Parkway (Lot
5, Pleasant Ridge Estates Subdivision .in Section 24-295-1 5E) (John L. and Linda W.
Blechschmidt) LUP 01-12-31
The City Attorney presented Ordinance #6941-02 for second reading and read it by
title only. Commissioner JC?nson moved to pass and adopt Ordinance #6941 ~02 on second
and final reading. The motion was duly seconded and upon roll call, the vote was: .
II Ayes": Gray, Hamilton, Jonson, Hibbard and Aungst.
"Nays": None.
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ITEM #13 - Ord #6942-02 -Zoning Atlas Amendments for 2119 Pleasant Parkway (Lot 5,
Pleasant Ridge Estates Subdivision in Section 24-295-1 5E) (John L. and Linda W.
Blechschmidt) LUZ 01-1 2-31 '
The City Attorney presented Ordinance #6942-02 for second reading and read it by
title only. Commissioner Gray moved to pass and adopt Ordinance #6942-02 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
, "
tI Ayestl: Gray, Hamilton, Jonson, Hibbard and Aungst.
"Naysn: None.
ITEM #14 - Ord #6943-02 - Annexation Amendments for 1725 West Manor Avenue (Lot
36, Clear~ater Manor in Section 06-29S-16E) (Robert and Marilynne Van Scoyoc)
ANX'01-12-32
The City Attorney presented Ordinance #6943-02 for second reading and read it by
title only. Commissioner Hibbard moved to pass and adopt Ordinance #6943-02' on '
second and final reading. The motion was duly seconded and upon roll call, the vote was:
,n Ayestl: Gray, Hamilton, Jonson, Hibbard and Aungst.
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"Naystl: None.
ITEM #15 - Ord #6944-02 - land Use Plan Amendments for 1725 West Manor Avenue
(Lot 36, Clearwater Manor in Section 06-295-1 6E) (Robert and Marilynne Van Scoyoc)
LUP 01-12-32
The City Attorney presented Ordinal1ce #6944-02 for second reading and read it by
title only. 'Commissioner Hamilton moved to pass and'adopt Ordiriance#6944-02 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Gray, Hamilton, Jonson, Hibbard and AU,ngst.
"Nays":, None.
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ITEM #16 ~ Ord #6945-02 - Zoning Atlas Amendments for 1725 West Manor Avenue (Lot
36, Clearwater Manor in Section 06-295-' 6E) (Robert and Marilynne Van Scoyoc)
LUZ 01-12-32
The City Attorney presented Ordinance #6945-02 for second reading and read it by
title only. Commissioner Jonson moved to pass and adopt Ordinance #6945-02 .on second
and final reading. The motion was duly seconded and upon roll call, the vote was: ,
.. Ayes": Gray, Hamilton, Jonson, Hibbard and Aungst.
"Nays": None.
ITEM #17 - Ord #6946-02 - Land Use Plan Amendment for property at 565 Sky Harbor
Drive from Residential Office/General to Institutional (Parcel of land lying within the 5W1/4
of Section 17-295-' 6E) (Excel Realty Trust) LUP 01-12~09
The ,City Attorney presented Ordinance #6946-02 for second reading and read it by
title only. Commissioner Gray moved to pass and adopt Ordinance #694'6~02 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Gray, Hamilton, Jonson, Hibbard and Aungst.
"Nays": None.
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ITEM #18 - 'Ord #6947-02 - Rezoning for property at 565 Sky Harbor Drive from,
Residential Office/General to Institutional (Parcelot land lying within the SW1/4 of Section
1 7-295-1 6E) (Excel Realty Trust) LUZ 01-12-09
The City Attorney presented Ordinance #6947-02 for second reading and read it by
title only. Commissioner Hibbard moved to pass and adopt Ordinance #6947-02 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
II Ayes": Gray, Hamilton, Jonson, Hibbard and Aungst.
tI Nays": None.
ITEM #19 - Ord #6948-02 - Land Use' Plan Amendment property at 520 Sky Harbor Drive
fr'Om Institutional to Commercial General (Portion of Tract 1, a Resub of Baskin's Replat in
Section 17 -29S-16E) (Clearwa'ter Mall LLC) LUP 0' -12-10
The City Attorney presented Ordinance #6948-02 for second reading and read it by
title only. Commissioner Hamilton moved to pass and adopt Ordinance #6948-02 on
st'!cond and final reading. The motion was duly secon~ed and upon roll call, the vote was:
11 Ayes": Gray, Hamilton, Jonson, Hibbard' and Aungst.
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"Nays": None.
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. ITEM #20 - Ord #6949-02 - Rezoning for property at 520 Sky Harbor Drive from
Institutional to Commercial General (Portion of Tract 1, a Resub of Baskin's Replat in
Section 17-29S-16E) (Clearwater Mall LLC) LUZ 01~12-10
The City Attorney presented Ordinance #6949-02 for second reading and read it by
title only. Commissioner Jonson moved to pass and adopt Ordinance #6949-02 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
tI Ayes": Gray, Hamilton, Jonson, Hibbard and Aungst.
t1Nays": None.
ITEM #21 ~ Ord #6956-02 - amending the operating budget for fiscal year ending
September 30, 2002, to reflect increases and decreases in revenues and expenditures for
the General Fund, Special Development Fund, Special Program Fund, Water & Sewer Fund,
Stormwater Fund, Gas Fund, Solid Waste Fund, Recycling Fund, Parking Fund,
Administrative Services Fund, Garage Fund and Central Insurance Fund, as provided herein;
providing an effective date.'
The City Attorney presented Ordinance #6956-02 for second reading and read it by
title only. Commissioner Gray moved to pass and adopt. Ordinance #6956-02 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
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"Ayestl : Gray, Hamilton, Jonson, Hibbard and Aungst.
t1Nays": None.
ITEM #22 - Ord #6957-02 - amending the Capital Improvement Budget for the fiscal year
ending September 30, 2002, to reflect a net increase of $162,633 providing an effective
date.
The City Attorney. presented Ordinance #6957-02 for second reading and read it by
title only. Commissioner Hibbard moved to pass and adopt Ordinance #6957-02 on
second and final reading. The .motion was duly seconged and upon roll call, the vote was:
"Ayes": Gray, Hamilton, Jonson, Hibbard and Aungst.
. "Naystl: None.
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CITY MANAGER REPORTS
CONSENT AGENDA (Items #23-35) - 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 #23 - Approval of Purchases per Purchasing Memorandum:
1) Purchase four (4) Flygt pumps for $82,649 from E K Phelps & Company. (PU/WPC)
2) Purchase contract renewal for gas materials-meters & regulators during contract period
May 2, 2002 through April 30, 2003 of 2001 bid for $150,000 from M T Deason
Company Inc. First renewal option of 2001 bid. (eGS)
3) Purchase to replace five (5) 2002 Taro Z Master riding mowers with attachments and
three (3) 2002 Toro 328D Groundsmaster riding mowers for $82,378.47 from Wesco
. Turf Supply. (GSS/FLEET) ,
4) Service contract Cellular digital packet data service during the contract period March 1,
2002 through March 31, 2004 for $120,000 from Allte!. (PO)
5) Service contract relocation of library furniture and materials for $67,500 from
Professional Movers, Inc. (LIB)
ITEM #24 - Approve $30,000 to fund City portion of a design and transportation planning
services contract for the Gateway area, as the corridor to downtown, in the Downtown
plan. ED
ITEM #25 - Authority to settle worker's compensation claim of Claimant, Alan Mazurowski
in its entirety to include medical, indemnity 'and attorney fees for the sum of $13,5,000.
FN
ITEM #26 - Authorize lease purchase of capital items that cost $50,000 and under without
a separate authorization from the City Commission as long as they meet the lease purchase
. reQ~ements, purchasing standards, and are approved in the budget. FN
ITEM #27 - Approve the second and final one-year extension to the Agreement with Banc
of Amorica Securities. LLC to serve as the City's financial advisor. FN
iTEM #28 - Award contract to Heavy Duty Lift '& Equipment, Inc. in Buford, GA for the
purchase of two (2) surface mounted 75,000 pound capacity Omar Vega 340 portable lifts
at a cost of $121,000 and authorize financing under the City's Master Lease/Purchase
Financing Agreement, in accordance with Sec. 2.564(1 Hd), City of Saint Petersburg bid
#7511. GSS
ITEM #29 - Authorization to institute legal action agai~st a private slip tenant, LeBron Free
at Island Estates slip # 140, to recover past due rent and remove boat from slip. MR
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ITEM #30 ~ Approve the expenditure of $90,000 from Recreation Facility Impact Fees for
the construction of a dog park at Crest lake Park. PR
ITEM #31 - Approve Work Order for $132,840 to Tampa Bay Engineering, Inc. (TBE) to
conduct site assessment and remediation activities at the "Former Clearwater Seafood II
site located at 37 Causeway Boulevard. PW
ITEM #32 ~ Approve Work Order to Parsons Engineering Science, Inc. to provide
engineering design and permitting services for the Palmetto Street Improvements Project
for the sum of $ 126,989. PW
ITEM #33 - Appoint Commission members as representatives on the Regional and
Miscellaneous Boards elK
ITEM #34 - Appoint Kathy Milam to Community Development Board - Alternate Position
elK
ITEM #35 - Grant of Easement, The Grand Belagio at Baywatch, L TO., section 20~29-16E,
sanitary lift station easement. CA
. Commissioner Hamilton 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.
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OTHER ITEMS ON CITY MANAGER REPORT
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ITEM #36 ~ Res. #02-21 authorizing the Mayor, on behalf of the Clearwater Police
Department, to execute the uTampa Bay Regional Domestic Security Ta!lk Force Combined
Voluntary Cooperation and Operational Assistance Mutual Aid Agreement and,
Memorandum of Understanding" allowing voluntary cooperation and assistance of a routine
law enforcement nature across jurisdictional lines and operational assistance by and among
participating law enforce":lent agencies within the State of Florida to promote domestic
security. PD
Chapter 23, Florida Statutes authorizes mutual aid agreements between law
enforcement agencies for rendering voluntary assistance of a routine law enforcement
nature to one another across jurisdictional lines and providing operational assistance. The
agreement's principal goal is to protect Florida's public safety and security, and prosecute
successfully criminal violators who threaten or endang'er safety and security in Florida or
elsewhere. The agreement joins agencies to form a task force with principal operations
within the Florida Department of law Enforcement Tampa Bay operational region. Task
force agencies agree to use applicable State and Federal laws to investigate and prosecute
criminal cases, and to pursue appropriate civil actions against those involved in criminal
acts who are, or are related'to, terrorism in or otherwise affecting Florida. The task force
will promote responsible sharing of anti-terrorism intelligence and investigative information
.
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gathered in Florida with Federal terrorism task forces and with State and local law
enforcement'.
Each agency joining the task force may request and render law enforcement
assistance to other agencies, to include but not necessarily be limited to, terrorist attacks,
conspiracies or solicitations related to terrorism, terrorism-related law enforcement
emergencies, aircraft disasters, fires, and incidents requiring utilization of specialized units
, such as bomb disposal units or special weapons and tactics units for operational
assistance. Task force duties will include, but not be limited to, collecting and
dissemin'ating terrorist-related intel'ligence and investigative information, participating in
emergency responses to terrorist incidents, identifying and seizing terrorist-related assets
that are subject to forfeiture, and improving Florida's ability to detect and prevent potential
terrorist threats.
Commissioner Hamilton moved to authorize the Mayor, on behalf of the Clearwater
Police Department, to execute the "Tampa Bay Regional Domestic Security Task Force
Combined Voluntary Cooperation and Operational Assistance Mutual Aid Agreement and
Memorandum of Understanding" allowing voluntary cooperation and assistance of a routine
law enforcement nature across jurisdictional lines and operational assistance by and among
participating law enforcement agencies within the State of Florida to promote domestic
security, and that the appropriate officials be authorized to execute same. The motion was
duly seconded and carried unanimously.
The City Attorney presented Resolution #02-2" and read it by title only.
Commissioner Jonson moved to pass and adopt Resolution #02-21 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 #37 '- Res. #02-22 authorizing the Mayor, on behalf of the City of Clearwater, to
execute the "Statewide Mutual Aid Agreement" allowing for reciprocal emergency aid and
assistance in case of emergencies too extensive to be dealt with unassisted. PO .
Section 252.40, Florida Statutes, authorizes the governing body of each political
subdivision to enter into mutual aid agreements within the State for reciprocal emergency
aid and assistance in case of emergencies too extensive to deal with unassisted.
The need for a statewide mutual aid agreement is based on conditions: 1) the State
is vulnerable to a range of dis'asters likely to disrupt essential services and destroy
infrastructure needed to deliver those services; 2) disasters are likely to exceed the
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capability of anyone local government to cope with existing resources; 3) disasters also
may give ,rise to unusual technical needs that' local governments may not be able to meet
with existing resources, but that other local governments may be able to offer; 4) the
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Emergency Management Act provides local governments the authority to make agreements
for mutual assistance in emergencies, and through such agreements to ensure the timely
reimbursement of costs incurred by local governments which render such assistance; and
5) under the Act, Florida Department of Community Affairs, through its Division of
Emergency Management, has authority to coordinate assistance between local
governments during emergencies and to concentrate available resources where needed.
Commissioner Jonson moved to authorize the Mayor, on behalf of the City of
Clearwater, to execute the "Statewide Mutual Aid Agreement, " which allows for
reciprocal emergency aid and assistance in case of emergencies too extensive to be dealt
with unassisted, and that the appropriate officials be authorized to execute same. The
motion was duly seconded and carried unanimously.
The City Attorney presented Resolution #02-22 and read it by title only.
Commissioner Jonson moved to pass and adopt Resolution #02-22 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.
This recommendation is cost-based and responsive to competitive challenges
expected in the foreseeable future. The rates reflect a fair allocation of expenses to
appropriate customer classes. Proposed rates will provide a more equitable structure to
ensure CGS growth potential while providing an adequate return to the City, which helps
. . ,
offset ad valorem tax rates.
Commissioner Gray moved to approve new gas utility rates to become effective for
all billings on or after May 1, 2002. The motion was duly seconded arid carried
unanimously.
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The City'Attorney presented Ordinance #6984.02 for first reading and read it by
title only. Commissioner Hamilton moved to pass Ordinance #6984-02 on first reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayest! : ,Gray, Hamilton, Jonson, Hibbard and Aungst.
"Nays": None.
ITEM #39 - First reading Ord #6918-02, revising Appendix A, 5 % increase in Occupational
License Fees, Code of Ordinances. OS
In 1995, under guidelines set up in State Statute 205.013, et seq. as amended by a
law signed into effect in 1993, the City Commission adopted an Qrdinance that
restructured and increased the City's Occupational License fees. The Commission
appointed an Equity Study Commission, which reviewed the City's Occupational License
fee and made recommendation. Staff put those recommendations into an ordinance and
the City Commission adopted the ordinance.
Florida State Statute 205.0535 allows municipalities to increase their Occupational
License fee tax rates by up to 50/0 every other year after the City's 1995 ordinance
reclassified and revised the rate structure. 'Approval requires a majority, plus one. vote of
the governing body. The first 5% increase was adopted in 1997, two years after the
ordinance was adopted. Fees were last increased by 5% on February 3, 2000.
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This item and associated. ordinance accomplishes this task again, meeting the two-
year provision. New rates will be effective on April 18, 2002. For FY (fiscal year)
2000101, the Development Services Department processed 9,000 occupational licenses
with associated revenue of $1,804,880. Th,is 5 % increase will generate approxim~tely
$95,000 'of additional revenue.
It was recommended a review of the occupational license fee schedule be requested
in next year's legislative package.
Commissioner Hibbard moved to revise Appendix A, Occupational License Fees,
Code of Ordinances. The .motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #6918-02 for first reading and read it by
'title only. Commissioner Hamilton moved to' pass Ordinance #6918-02 on first reading.
The motion was duly seconded and upon roll call, the vote was:
.. Ayes": Gray, Hamilton, Jonson, Hibbard and Aungst.
.. Nays": None.
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ITEM #40 - Apprave contract, Wolverine Property Investment Limited Partnership, a
Delaware Limited Partnership, to. purchase a portien af the Northeast 1/4 of the Seutheast
1/4 af sectian 8-29S-16E, alkla Friendly Village of Kapok Mobile Home Park far
$7,200,000 plus estimated enviranmental site assessment costs ef $5,000, a current
beundary survey at $ 2,500, estimated 2002 praperty and persanal praperty taxes af
$39,500, title insurance and ather clesing expenses of $76,500, far total estimate,d
transaction cests ef $7,323,500. PW
The June 1997 Comprehensive Watershed Management Plan for the Alligator Creek
Watersh~d, develaped ceeperatively with Clearwater, Pinellas County, Safety Harbar and
the SWFWMD (Seuthwest Florida Water Management District), identified and prieritized
the Kapak Wetland and Fleedplain Resteratien Preject as the City's tep~ranked fleed
centro.l preject. The 'entire praject hinges en the purchase of the 37-acre Friendly Village
o.f Kapok Mabile Home Park, most ef which floods in 25~year and 1 OO-year starm events.
The purchase will allow implementatian ef ether floed central projects in the upstream
reaches af the basin. In additian to. impro.ving water quality in Alligatar Creek and thereby
pretecting Tampa Bay, an Estuary af National Significance, S.W.J.M. Waterbody, and
Outstanding Flerida Water and Aquatic Preserve, the project will allow continuance of a
linear park frem the Long Center on Belcher Road to. Tampa Bay.
This purchase will require relecation ef residents from approximately 200 mobile
homes. The Commissien awarded a $2,688,132 centract teHDR Engineering an
Nevember 15, 2001, to. facilitate resident relocatien. The City centracted real estate
appraisals on the subject property: 1) Frank A. Catlett, MAl, af Trigg, Catlett & Assaciates
estimated market value $7.55-millien as af December 19, 2001 and 2) Alan D. Lane, MAl, ,
ef Calliers Arnold Valuatien Advisary Services estimated market value at $7 .1-million as ef
the same date. Staff as farwarded beth appraisals fer review by FTC (Florida Communities
Trust). It is anticipated FTC will reimburse the City up to $3.5~millien ef the purchase'
price if it approves the appraisals.
Clesing of this transactian is contemplated net later than 40 days folie wing the
effective date af the cantract, pending fulfillment af cantract cenditions by the parties. On
Navember 15, 2001, the City Cemmission adopted Resolutien #01.21, establishing the
City's intent to reimburse certain project cests incurred with future tax-exempt financing.
The prejects identified with 2002 revenue bonds as a funding source were included in the
project list associated with Resalutien #01-21 .
In respense to. a question,' City Engineer Mike Quillen expected no. problems in
abtaining the grant. Staff was thanked far their efforts en this project, which addresses
long time floeding problems. It was stated the preject is expensive but the City
Cemmissio.n is addressing this necessary part ef the City's infrastructure. The project will
imprave significantly the quality ef Tampa Bay water. It was stated the Manufactured
Home Associatian has praised the planned resident relocation precess, which will be fair.
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Commissioner Gray moved to approve a contract, Wolverine Property Investment
Limited Partnership, a Delaware Limited Partnership, to purchase a portion of the Northeast
1/4 of the Southeast 1/4 of section 8-29S-16E, a/k/a Friendly Village of Kapok Mobile
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Home Park for $7,200,000 plus estimated environmental site assessment costs of $5,000,
a current boundary survey at $2,500, estimated 2002 property and personal property
taxes of $39,500, title insurance and other closing expenses of $76,500, for total
estimated transaction costs of $7,323,500, and that the appropriate officials be authorized
to execute same. The motion was duly seconded and. carried unanimously.
ITEM #41 - Approve Work Order with Parsons Engineering Science, Inc. of Tampa, an
Engineer of Record, for the design and permitting for the Kapok Wetland and Floodplain
Restoration Pro~ in the amount of $315,136. PW
The Kapok Wetland and Floodplain Restoration Project involves purchase of the 37-
acre mobile home park and relocation of the residents, allowing for floodplain restoration,
wetland creation,. habitat and water quality improvem~nt, and recreation and educational
facilities. The project, from Kapok upstream through Cliff Stephens Park to Us 1 9N, will
allow resolution of flooding 'problems in the upstream reaches of the basin within County
and City jurisdiction. Improvements in the upstream reaches of the basin cannot be
implemented without exacerbating flooding in the mobile home park.
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The Unsolicited Offer to Purchase Friendly Village of Kapok has been executed by
Wolverine Property Investment Limited Partnership, a Delaware Limited Partnership for
$ 7,323,500, and is being brought forward' concurrently with this requested action.
SWFWMD has approved the Scope of Work developed. by Parsons Engineering
Science, Inc. for project design and permitting and committed $3-million in FY (fiscal year)
2002 and FY 2003 for design and construction. The $315,136 in design costs will be
reimbursable at the start of construction. .
Commissioner Hibbard moved to approve a work order with Parsons Engineering
Science, Inc. of Tampa, an Engineer of Record, for the. design and permitting for the Kapok
Wetland and Floodplain Restoration Project in the amount of $315,136, and that the
appropriate officials be authorized to execute same. The motion was duly seconded and
carried unanimously.
ITEM #42 - Approve the advance ,of $5000 to HDR Engineering for the funding of Friendly
Village of Kapok Mobile Home Park operations upon purchase of the park by the City, per
the operating procedures as set forth. FN
The City will be responsible for day to day operations of Friendly Village of Kapok
Mobile Home Park immediately upon purchase of the property. HDR Engineering has been
contracted to act as the City's agent in managing day-to-day operations, to include
colle~ting rent payments and paying maintenance expenses. The Finance Department
recommends opening a City bank account in the amount of $5,000, with signature
authority to HDR Engineering. The account will be titled "City of Clearwater DBA Friendly
.
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Village of Kapok Mobile Home Park". HDR Engineering, as the City's agent, will deposit
rent checks and pay bills for the park operations from this account. Any monies in excess
of $5,000 will be transferred automatically on a daily basis from the account into the
City's general operating acqount by Bankof America. . Staff will have on-line access to this
account and will monitor activity on a daily basis.
In response to a question, Finance Assistant Director Jay Ravins said funds are
budgeted beyond this initial advance.
Commissioner Hamilton moved to approve use of a City bank account, with
. signature authority to HDR Engineering, in the amount of $5,000 for the day-to-day
operations of Friendly Village of Kapok Mobile Home Park upon purchase of the park by the
City, and that the appropriate officials be authorized to execute same. The motion was
duly seconded andcarriod unanimously.
ITEM #43 - Approve a contract to purchase real property legally described as Lot 1, The
Clearwater Collection Second Replat, according to the plat thereof , Public Records of
Pinellas County, Florida, commonly known as 21870 U.S. Highway 19, from Home Depot
. USA for $3,925,000, authorize acceptance of the deed. PR
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The City plans to construct a Community Sports Complex that will host Philadelphia
Phillies spring training and other City special events, and has evaluated sites. Initially, the
complex was to be located on property acquired from St. Petersburg College until geo-
technical tests indicated cavities and voids in the underlying limestone, which would
increase construction costs significantly. That consideration along with concerns of
nearby residents and landfill issues led the City and Phillies to agree mutually to seek
another location. .
The property known as the Home Depot site, in the Clearwater Collection Shopping
Center, was considered immediately as an alternative location du.e to its increased
visibility, access to US 19N, and its location directly behind the Carpenter Training
Complex. A property appraisal, performed. by Sun coast Appraisers on January 30, 2002,
valued the subject property at $3,152,000. A second. appraisal, performed by James
Millspaugh & Associates, Inc. on February 5, 2002, valued the subject property at
$3,350,000. Both appraisals considered the overpass to be co~structed on US 19N at
Drew Street. Staff believes the parcel's value to the proposed project justifies the
purchase price as provided in the subject contract. Closing of this purchase is anticipated
on or aboutAugust 30, 2002.
Funding for the $3,925,000 purchase: 1) $1. 7~million - potential additiol)al bonding
proceeds above previous estimates; 2) ,$1 .5-million - reduction in City's participation of the
capital portion of this project, agreed by the Phillies; 3) $475,000 - remaining in capital
project; and 4) $250,000 - City site work now included .in construction scope.
The City and Home Depot have agreed to a contract provision that allows for
$75,000 of the purchase price to be held in' escrow and returned to the City with interest,
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when presented with evidence of the purchase of $250,000 in miscellaneous materials
from Home Depot in conjunction with construction of the stadium. This provision results
in a final purchase price of $3,850,000 for the Home Depot property. The Phillies have
agreed to facHitate this provision and assist the City in obtaining the lower purchase price
from Home Depot. This issue will be addressed formally with the Phillies in the upcoming
amendment to the Development Agreement.
. The amount of proceeds from the bond issue depends on the bond market. Should
the bonds not yield the anticipated proceeds after deducting issuance cost, the Parks and
Recreation Department wi" bring forward an agenda item requesting supplemental funding
from another source.
It was stated future growth of the City will not affect the proposed location's
central location. It was pledged the City will control traffic flow away from nearby
neighborhoods. It was stated the City's economy depends on tourism, with this item a top
priority.
Commissioner Gray moved to approve a contract to purchase real property legally
described as Lot 1, The Clearwater Collection Second Replat, according to the plat thereof.,
Public Records of Pinellas County, Florida, commonly known as 21870 U.S. Highway 19,
from Home Depot USA, Inc., for $3,925,000, authorize acceptance of the deed, and that
the appropriate officials be authorized to execute same. The motion was duly seconded.
and c~rried unanimously. .
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ITEM #44 - Two (2) Parks & Recreation Board Appointments eLK
Commissioner Hamilton moved to reappoint Sarah Wiand and Stephen Swanberg.
The motion was duly seconded and carried unanimously.
ITEM #45 .; Other Pending Matters. - None.
CITY ATTORNEY REPORTS
ITEM #46 - Other City Attorney Items - None.
lTEM #47- City Manager Verbal Reports
The City Manager said a Commissioner has some fundamental differences with
proposed Community Development Code amendments that may result in delay of first
~'eading. Consensus was to discuss the issues at the next Work Session to see if they can
be resolved.
City Manager thanked the City Commission for.staying.the course on the Phillies
project. .
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ITEM #48 - Commission Discussion Items
a) Transportation Impact Fee Update (Gray)
Commissioner Gray, the Commissioner's MPO (Metropolitan Planning Organization)
representative, sta,ted the MPO reviews the transportation impact fee every two years.
MPO suggestions have been to increase the current fee by 64%, to increase rates by 15%
a year for each of two years, to allow monies generated in one district to be spent in
another district if a benefit to the originating district can be shown, and to consjd~r
impacts to rights-of-way. Staff to provide examples of rjghts~of-way ,impacts.
Assistant City Manager Ralph Stone said monies available from the fee are
dwindling as the City and County are built out. He recommended this fee be phased out,
as it is a disincentive for redevelopment as Pinellas County has higher impact fees than
most other Florida communities. It was noted the Chamber of Commerce Government
Affairs Committee supports phasing out the fee if another funding source can be found.
Consensus was for Commissioner Gray to express the Commission's opposition to a
Transportation Impact Fee increase, and to recommend the MPO develop a plan to sunset
the fee in the future and identify an alternative funding source.
Commissioner Gray thanked Keith Curry for serving as Clearwater's representative
to the MPOCitizen~ Advisory Committee.
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b) Request to attend Tampa Bay Partnership Leadership Conference (Gray)
Commissioner Gray requested approval to attend the Tampa Bay' Partnership
Leadership Conference scheduled for May 20 - 21, 2002. It was stated all City officials
are encouraged to attend and several members expressed interest. It was questioned if a
reduced rate was available for attending only one day.
Concern was expressed the travel budget is limited. The City Manager said money
set aside in a Special Project fund during budget approval could be tapped if the
Commission's travel budget is exhausted. Travel budget practices of other cities and the
possibility of each Commissioner having a separate travel budget can be discussed during
the upcoming budget process.
Consensus was to approve attendance at the Tampa Bay Partnership Leadership
Conference for Commissioners Gray arid Jonson on May 20 ~ 21, 2002, with
Commissioner Gray being provided lodging expenses and Commissioner Jonson
commuting. '
Commissioner Jonson expressed his desire to attend the Suncoa'st Municipal League
Conference, May 30 - June 1, 2002. Commissioner Hamilton said he would like to attend
also, but would not need lodging. '
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Consensus was to approve attendance at the Suncoast Municipal League.
Conference for Commissioners Jonson and Hamilton on May 30 - June 1, 2002, with
Commissioner Jonson b~ing provided lodging expenses.
c) Cleveland Street Rail Road Crossing (Aungst)
Public Works Administrator Mahshid Arasteh said according to CSX and FOOT
(Florida Department of Transportation), repairs of the Cleveland Street Rail Road crossing
will begin on May 6, 2002, following Fun iN Sun activities.
It was noted City construction projects planned during the next three years, to
include construction of the Memorial Causeway Bridge, the Main Library, and streetscaping
on Mandalay, will c'ause traffic delays. Ms. Arasteh said staff will try to schedule most
road Closures at night. It was recommended educational efforts take place soon.
ITEM #49 - Other Commission Action
Commissioner Hibbard and Mayor Aungst thanked Paint Your Heart Out Clearwater
participants for their hard work.
Commissioner Hibbard welcomed Jerry Tidwell, new pastor at Calv~ry Baptist
Church.
Commissioner Gray requested residents drop off donations of clothing, shoes,
nonperishabl~ food, etc. this week, on April 6, 2002 at City Hall, and at concerts on April
5 and 6, 2002, to benefit 211, run by Pinellas Cares. Volunteers are welcome.
Commissioner'Jonson and Mayor Aungst wished Jack Alvord a speedy recovery.
Commissioner Jonson reported attending the sqhool volunteer presentation this
week at i\uth Eckerd Hall, which honored the City Manager as a senior volunteer at
Clearwater High School. The Mayor's son, Brian, also was recognized.
Commissioner Jonson encouraged ,Commissioners to view a t'ape of yesterday's
DDS (Do\'vntown Development Board) meeting, where the speaker encouraged cities to
value their history and care 'for the, environment. ~
, ,
Commissioner Jonson presented, photographs, $howing the aesthetic differences
between a strip shopping center and a retail area that reflects more of a traditional
down'to\'\'n. 'He also presented a photograph of the newly completed landscaping project at
Countryside Mall and thanked'the mall management for their efforts in this regard.
Commissioner Hamilton said Spring Training is over and the teams have begun their
, regular sesson.
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Mayor Aungst said on April 5, 2002 at 11 :00 ~.m., he will attend the national
unveiling of the Longleaf Pine Forest Stamp Pane at the Harborview Center.
Mayor Aungst said the Clearwater Phillies Opening Night is on April 5, 2002 at 7:00
p.m.
Mayor AunQst said a concert scheduled for Coachman Park on April 5,2002, will
feature Jars of Clay.
Mayor Aungst said the Freebie Weebie Concert at Coachman Park is scheduled for
April 6, 2002.
Mayor Aungst said the City will honor Friends of the Library volunteers at a tea at
the East Library on April 7, 2002.
, ,
Mayor Aungst said Commissioners will be attending the April 11, 2002, Employee
Achievement Awards Lunch at the Harborview Center,
Mayor Aungst wished speedy recoveries to Bob Brumback and Tim Garvey.
, ,
Mayor Aungst announced the' next Work Session is on April 15, 2002 at 9:00 a.m.
Mayor Aungst thanked the Teals for addressing the City Commission tonight.
.'
ITEM #50 -: Adjournment
The meeting adjourned at 8:44 p.m.
Attest: '
(, " \ i . r
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City Clerk
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"
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