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CITY COMMISSION MEETING
CITY OF CLEARWATER
October 18, 2001
Present:
Mayor/Commissioner
Vice-M ayor /Comm iss ioner
Commissioner
Commissioner
Commissioner
Brian J. Aungst
Ed Hart
Whitney Gray
Hoyt P. Hamilton
William C. Jonson
Also present: William B. Horne II
Garry Brumback
Pamela K. Akin
Cynthia E. Goudeau
Patricia O. Sullivan
City Manager
Assistant City Manager
City Attorney
City Clerk
Board Reporter
The Mayor called the meeting to order at 6:00 p.m. at City Hall. Commissioner
Jonson 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
Mary Case, Public Services, was presented the October 2001 Employee of the
Month award.
The Countryside Library Team was presented the Team of the Quarter Award.
ITEM #4 - Introductions and Awards
City employee newsletter presented Savvy Award from the City-County
Communications & Marketing Association.
McMullen Tennis Complex presented United States Tennis Association award at
September 7, 2001 U.S. Open for being one of 5 outstanding tennis facilities nationally.
ITEM #5 - Presentations - None.
ITEM #6 - Approval of Minutes
Approval of October 4, 2001 minutes to be considered on November 1, 2002.
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ITEM #7 - Citizens to be heard re items not on the Agenda
Kathy Milam invited the public: 1) October 20, 2001 - garage sale at main library;
2) October 26, 2001 - last night in the stacks silent auction; and 3) January 2002 garage
sale to benefit Main Library campaign.
Brother Floyd Herman read scripture and opposed removal of comatose woman's
feeding tube.
Mike Meidel recommended the City work hard to replace Economic Development
positions, noting the importance of economic development efforts. He recommended
support of County funding for the Gulf Boulevard beautification project and hoped the
project can extend north of the roundabout.
Hoosh Ghovaee complimented the City Manager and his assistants for help with
development projects.
Tom Sehlhorst recommended readopting the old zoning code regarding commercial
in-fill as the current process is too expensive to develop non-conforming properties.
ITEM #8.- Public Hearing & First Reading Ord #6839-01 - Vacating the alleys and
easements on the subject property, subject to the applicant providing an easement over all
existing and proposed utilities and the applicant assuming the cost of relocation of public
. and private utilities (Church of Scientology Religious Trust, V2001-17) (PW)
City Engineer Mike Quillen reported the applicant has requested this item be
continued.
Commissioner Gray moved to continue Item #8 to November 15, 2001. The
motion was duly seconded and carried unanimously.
ITEM #9 - Public Hearing & First Reading Ord #6875-01 - Vacating the 10ft. alley lying
adjacent to the north property lines of Lots 25-28 of Sunset Point Replat from the west
property line of Lot 25 on the west to the west property line of the Pinellas Trail on the
east (All Around Your Home, Inc., V2001-20) (PW)
The applicant proposes to develop the adjacent property with a 24-unit townhouse
development. Florida Power, Time Warner, and Verizon Media Ventures, Inc. do not object
to the vacation request. Verizon has no objections provided the vacated alley is retained
as a utility easement. The City has a sanitary sewer main in the alley. Public Works
Administration has no objections to the vacation request subject to retention of a drainage
and utility easement over the entire width of the alley.
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Commissioner Hamilton moved to approve the applicant's request to vacate the 10-
foot alley lying adjacent to the north property lines of Lots 25 through 28, inclusive, of
Sunset Point Replat, as recorded in Plat Book 4, Page 25 of the Official Records of Pinellas
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County, Florida from the west property line of Lot 25 on the west to the west property line
on the Pinellas Trail on the east. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #6875-01 for first reading and read it by
title only. Commissioner Jonson moved to pass Ordinance #6875-01 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Hart, Gray, Hamilton, Jonson and Aungst.
"Nays": None.
ITEM #10 - Public Hearing & First Reading Ord #6879-01 - Vacating portions of the rights-
of-way of Ewing Ave., Park St. and Pierce St. to retain a utility easement over the full
width of Pierce St. (City of Clearwater, V2001-21) (PW)
The vacation request will enable the "Town Pond Rehabilitation Project" to
proceed. The City has sanitary sewer, stormwater, and water facilities in the areas to
be vacated. Public Works Administration has no objections to the vacation request,
subject to the condition that a utility easement is retained over the full width of Pierce
Street. Florida Power, Time Warner, Verizon, and Verizon Media Ventures, Inc., have
no objection to the vacation request if a utility easement is retained over the full width
of the portion of Pierce Street to be vacated.
Commissioner Gray moved to approve the applicant's request to vacate portions
of the rights-of-way of Ewing Avenue, Park Street, and Pierce Street as described in
Exhibit" A" of the proposed ordinance, subject to retaining a utility easement over the
full width of Pierce Street. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #6879-01 for first reading and read it by
title only. Commissioner Hamilton moved to pass Ordinance #6879-01 on first reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Hart, Gray, Hamilton, Jonson and Aungst.
"Nays": None.
ITEM #11 - Public Hearing & First Reading Ord # 6847-01, #6848-01 & #6849-01 -
Annexation (& redefining boundary lines of City to include said addition), Land Use Plan
Amendment to Residential Low Medium & MDR Zoning, 1312 State St., E.A. Marshall
Sub., the southerly 71 ft. of Lot 10 (Clearwater Village L.C.) ANX 01-07-13 (PLD)
The applicant has requested annexation and zoning of Low Medium Density
Residential for 1312 State Street to obtain sewer services. The site is vacant. Staff has
determined the proposed land use plan amendment and rezoning applications are
consistent with Code standards: 1) proposed land use plan amendment & rezoning
application consistent with the Comprehensive Plan; 2) potential range of uses & specific
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proposed use are compatible with surrounding area; 3) sufficient public facilities available
to serve property; 4) applications will not have an adverse impact on natural environment;
and 5)pursuant to Interlocal Agreement with Pinellas County, review by the Pinellas
Planning Council will not be required for the plan amendment. The Community
Development Board unanimously endorsed the request.
Commissioner Jonson moved to approve the Petition for Annexation, Land Use Plan
Amendment from County Residential Low Medium to City Residential Low Medium and
Zoning Atlas Amendment from County Zoning Residential, One, Two and Three Family
District (R-4) to City Medium Density Residential (MDR) Zoning District for 1312 State
Street with the condition that any single family dwelling constructed complies with the
Community Development Code requirements at the Southerly 71 feet of Lot 10, E.A.
Marshall Subdivision in Section 03, Township 29 South, Range 15 East. The motion was
duly seconded and carried unanimously.
The City Attorney presented Ordinance #6847-01 for first reading and read it by
title only. Commissioner Gray moved to pass Ordinance #6847-01 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Hart, Gray, Hamilton, Jonson and Aungst.
"Nays": None.
The City Attorney presented Ordinance #6848-01 for first reading and read it by
title only. Commissioner Hart moved to pass Ordinance #6848-01 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Hart, Gray, Hamilton, Jonson and Aungst.
"Nays": None.
The City Attorney presented Ordinance #6849-01 for first reading and read it by
title only. Commissioner Hamilton moved to pass Ordinance #6849-01 on first reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Hart, Gray, Hamilton, Jonson and Aungst.
"Nays": None.
ITEM #12 - Public Hearing & First Reading Ord #6850-01, #6851-01 & #6852-01 -
Annexation (& redefining boundary lines of City to include said addition), Land Use Plan
Amendment to Residential Urban & LMDR Zoning, 1015 Ridge Ave., Highland Pines Sub.,
Blk 5, Lot 9 (Don Strom) ANX 01-07-014 (PLD)
The applicant has requested annexation and zoning of Low Medium Density
Residential for 1015 Ridge Avenue to obtain sewer services. Staff has determined the
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proposed land use plan amendment and rezoning applications are consistent with Code
standards: 1) proposed land use plan amendment and rezoning application are consistent
with the Comprehensive Plan; 2) potential range of uses and specific proposed use are
compatible with the surrounding area; 3) sufficient public facilities are available to serve
the property; and 4) applications will not have an adverse impact on the natural
environment. The Community Development Board unanimously recommended approval.
Commissioner Jonson moved to approve the Petition for Annexation, Land Use Plan
Amendment from County Residential Urban to City Residential Urban and Zoning Atlas
Amendment from County Zoning Residential, Single Family District (R-3) to City Low
Medium Density Residential (LMDR) Zoning District for 1015 Ridge Avenue at Lot 9, block
5, Highland Pines Subdivision in Section 11, Township 29 South, Range 15 East, and that
the appropriate officials be authorized to execute same. The motion was duly seconded
and carried unanimously.
The City Attorney presented Ordinance #6850-01 for first reading and read it by
title only. Commissioner Gray moved to pass Ordinance #6850-01 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Hart, Gray, Hamilton, Jonson and Aungst.
"Nays": None.
The City Attorney presented Ordinance #6851-01 for first reading and read it by
title only. Commissioner Hart moved to pass Ordinance #6851-01 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Hart, Gray, Hamilton, Jonson and Aungst.
"Nays": None.
The City Attorney presented Ordinance #6852-01 for first reading and read it by
title only. Commissioner Hamilton moved to pass Ordinance #6852-01 on first reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Hart, Gray, Hamilton, Jonson and Aungst.
"Nays": None.
ITEM #13 - Public Hearing & First Reading Ord #6860-01, #6861-01 & 6862-01 -
Annexation (& redefining boundary lines of City to include said addition), Land Use Plan
Amendment to Residential Low & LMDR Zoning, 2666 North Terrace Dr., Pinellas Terrace
Sub, Lot 4 together with the right-of-way of North Terrace Dr. abutting Lots 1-4 (Donna J.
Wellman) ATA ANX 01-07-15 (PLDI
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On May 9, 1991, Donna J. Wellman, the owner of this property, entered into an
agreement with the City to annex this property to receive City sewer service. Terms and
provisions of that AT A (Agreement to Annex) are binding upon the current owner(s), their
successors, assigns, or any subsequent owner(s) of this property. At that time, the
property was outside the City's municipal boundaries and did not meet adjacency
requirements for voluntary annexation. The property now is contiguous to the City
boundaries to the south, following annexation of the abutting right-of-way from Cardinal
Drive to the subject property.
The AT A required the City to provide 60 days written notice of its intent to annex
this property. This notice was mailed to the property owner on July 5, 2001, and the
notice expired on September 4, 2001. The 0.21-acre site features a single-family dwelling.
Since execution of this agreement, the property's ownership has not changed. The
City is initiating this annexation request to bring this property into its jurisdiction in
compliance with the terms and conditions established in the 1991 AT A. This annexation
includes the abutting right-of-way from Lots 1 through 4 of North Terrace Drive. Effective
with annexation, the City will collect the $200 open space fee from the property owner.
The property owner has been informed of the required fee. The City has been providing
sewer service to this property pursuant to the AT A. Adequate capacity exists to serve the
proposed annexation. Staff has determined the proposed land use plan amendment and
rezoning applications are consistent with Code standards: 1) proposed land use plan
amendment and rezoning application are consistent with the Comprehensive Plan; 2)
potential range of uses and specific proposed use are compatible with the surrounding
area; 3) sufficient public facilities are available to serve the property; and 4) applications
will not have an adverse impact on the natural environment. The Community Development
Board unanimously recommended approval.
Commissioner Jonson moved to approve the Petition for Annexation, Land Use Plan
Amendment from County Residential Low to City Residential Low and Zoning Atlas
Amendment from County Zoning Residential, Single Family District (R-3) to City Low
Medium Density Residential (LMDR) Zoning District for 2666 North Terrace Drive at Lot 4,
Pinellas Terrace in Section 05, Township 29 South, Range 16 East. The motion was duly
seconded and carried unanimously.
The City Attorney presented Ordinance #6860-01 for first reading and read it by
title only. Commissioner Gray moved to pass Ordinance #6860-01 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Hart, Gray, Hamilton, Jonson and Aungst.
"Nays": None.
The City Attorney presented Ordinance #6861-01 for first reading and read it by
title only. Commissioner Hart moved to pass Ordinance #6861-01 on first reading. The
motion was duly seconded and upon roll call, the vote was:
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"Ayes": Hart, Gray, Hamilton, Jonson and Aungst.
"Nays": None.
The City Attorney presented Ordinance #6862-01 for first reading and read it by
title only. Commissioner Hamilton moved to pass Ordinance #6862-01 on first reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Hart, Gray, Hamilton, Jonson and Aungst.
"Nays": None.
ITEM #14 - Public Hearing & First Reading Ord #6863-01, #6864-01 & #6865-01 -
Annexation (& redefining boundary lines of City to include said addition), Land Use Plan
Amendment to Residential Low & LMDR Zoning, 2672 North Terrace Dr., Pinellas Terrace
Sub., Lot 5 together with abutting right-of-way (Elizabeth Glisson) AT A ANX 01-07-16
(PLD)
On January 18, 1979, the previous owners of this property, entered into an
agreement with the City to annex this property to receive City sewer service. Terms and
provisions of that AT A (Agreement to Annex) are binding upon the current owner(s), their
successors, assigns, or any subsequent owner(s) of this property. At that time, the
property was outside the City's municipal boundaries and did not meet adjacency
requirements for voluntary annexation. The property now is contiguous to the City
boundaries to the west, following annexation of 2666 North Terrace Drive.
The AT A required the City to provide 60 days written notice of its intent to annex
this property. This notice was mailed to the property owner on July 5, 2001, and the
notice expired on September 4,2001. The 0.21-acre site features a single-family dwelling.
Since execution of this agreement in 1979, the ownership of this property has
changed and the current owner has been informed of this annexation. The City of
Clearwater is initiating this annexation request to bring this property into its jurisdiction in
compliance with the terms and conditions established in the 1979 AT A. This annexation
includes the abutting right-of-way of North Terrace Drive.
The City has provided sewer service to this property pursuant to the AT A and
adequate capacity exists to serve the proposed annexation. Staff has determined the
proposed land use plan amendment and rezoning applications are consistent with Code
standards: 1) proposed land use plan amendment and rezoning application are consistent
with the Comprehensive Plan; 2) potential range of uses and specific proposed use are
compatible with the surrounding area; 3) sufficient public facilities are available to serve
the property; and 4) applications will not have an adverse impact on the natural
environment. The Community Development Board unanimously recommended approval.
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Commissioner Jonson moved to approve the Petition for Annexation, Land Use Plan
Amendment from County Residential Low to City Residential Low and Zoning Atlas
Amendment from County Zoning Residential, Single Family District (R-3) to City Low
Medium Density Residential (LMDR) Zoning District for 2672 North Terrace Drive at Lot 5,
Pinellas Terrace in Section 05, Township 29 South, Range 16 East. The motion was duly
seconded and carried unanimously.
The City Attorney presented Ordinance #6863-01 for first reading and read it by
title only. Commissioner Gray moved to pass Ordinance #6863-01 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Hart, Gray, Hamilton, Jonson and Aungst.
"Nays": None.
The City Attorney presented Ordinance #6864-01 for first reading and read it by
title only. Commissioner Hart moved to pass Ordinance #6864-01 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Hart, Gray, Hamilton, Jonson and Aungst.
"Nays": None.
The City Attorney presented Ordinance #6865-01 for first reading and read it by
title only. Commissioner Hamilton moved to pass Ordinance #6865-01 on first reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Hart, Gray, Hamilton, Jonson and Aungst.
"Nays": None.
ITEM #15 - Public Hearing & First Reading Ord #6866-01, #6867-01 & #6868-01 -
Annexation (& redefining boundary lines of City to include said addition), Land Use Plan
Amendment to Residential Low & LMDR Zoning, 2678 North Terrace Dr., Pinellas Terrace
Sub., Lot 6 together with abutting right-of-way (Alicia A. Medeiros) AT A ANX 01-07-17
(PLD)
It was requested that Item #15 be continued.
Commissioner Jonson moved to continue Item #15 to November 15, 2001. The
motion was duly seconded and carried unanimously.
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ITEM #16 - Public Hearing & First Reading Ord #6872-01, #6873-01 & #6874-01 -
Annexation (& redefining boundary lines of City to include said addition), Land Use Plan
Amendment to Industrial Limited & IRT Zoning, 1245 Hercules Ave., Sec. 12-29-15, M&B
13.051 (Sabadash Enterprises, Inc.) ATA ANX 01-07-19 (PLD)
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On March 8, 1984, the property's previous owner entered into an agreement with
the City to annex this property to receive City sewer service. Terms and provisions of that
ATA (Agreement to Annex) are binding upon the current owner(s), their successors,
assigns, or any subsequent owner(s) of this property. At that time, the property was
outside the City's municipal boundaries and did not meet adjacency requirements for
voluntary annexation. The property now is contiguous to City boundaries to the south.
The AT A required the City to provide 60 days written notice of its intent to annex
this property. This notice was mailed to the current property owner on July 5, 2001, and
the notice expired on September 4, 2001. The 0.53-acre site has a light manufacturing
(labels & printing) facility.
Since execution of this agreement, the property's ownership has changed. The
current owner has been informed of this annexation. The City is initiating this annexation
request to bring this property into its jurisdiction in compliance with the terms and
conditions established in the 1984 AT A. The City has provided sewer service to this
property pursuant to the AT A. Adequate capacity exists to serve the annexation. Staff
has determined the proposed land use plan amendment and rezoning applications are
consistent with Code standards: 1) proposed land use plan amendment and rezoning
application are consistent with the Comprehensive Plan; 2) potential range of uses and
specific proposed use are compatible with the surrounding area; 3) sufficient public
facilities are available to serve the property; and 4) applications will not have an adverse
impact on the natural environment. The Community Development Board unanimously
recommended approval.
Commissioner Gray moved to approve the Petition for Annexation, Land Use Plan
Amendment from County Industrial Limited to City Industrial Limited and Zoning Atlas
Amendment from County Zoning Light Manufacturing and Industry District (M-1) to City
Industrial, Research and Technology (IRT) Zoning District for 1245 Hercules Avenue
(Metes and Bounds 13/051) in Section 12, Township 29 South, Range 15 East). The
motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #6872-01 for first reading and read it by
title only. Commissioner Hart moved to pass Ordinance #6872-01 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Hart, Gray, Hamilton, Jonson and Aungst.
"Nays": None.
The City Attorney presented Ordinance #6873-01 for first reading and read it by
title only. Commissioner Hamilton moved to pass Ordinance #6873-01 on first reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Hart, Gray, Hamilton, Jonson and Aungst.
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"Nays": None.
The City Attorney presented Ordinance #6874-01 for first reading and read it by
title only. Commissioner Johnson moved to pass Ordinance #6874-01 on first reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Hart, Gray, Hamilton, Jonson and Aungst.
"Nays": None.
Public Hearing - Second Reading Ordinances
ITEM #17 - Ord #6858-01 - Vacating the 10-foot drainage and utility easements within
Block 1 and Block 6 of Pine Crest Subdivision, 900 North Greenwood Avenue as
described in Exhibit" A" of the proposed ordinance (City of Clearwater, V2001-18)
The City Attorney presented Ordinance #6858-01 for second reading and read it by
title only. Commissioner Gray moved to pass and adopt Ordinance #6858-01 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Hart, Gray, Hamilton, Jonson and Aungst.
"Nays": None.
ITEM #18 - Ord #6859-01 - Vacating the 20-foot utility easements lying 200 feet south
of the north right-of-way line of Ruth Eckerd Hall Drive, M&B 24-04, Section
9-29-16 E., 1111 McMullen Booth Road North as described in Exhibit "A" of the
proposed ordinance (City of Clearwater, V2001-19)
The City Attorney presented Ordinance #6859-01 for second reading and read it by
title only. Commissioner Hart moved to pass and adopt Ordinance #6859-01 on second
and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Hart, Gray, Hamilton, Jonson and Aungst.
"Nays": None.
ITEM #19 - Ord #6905-01 - Amending Sec. 4.23, Aircraft takeoffs and landings to allow
traffic reporting aircraft an earlier takeoff time at Clearwater Airpark
Marine & Aviation Director Bill Morris reviewed staff efforts to provide written
notification of this change to more than 300 homes near the Airpark. Based on resident
concerns, those who telephone the Airpark with complaints after hours, will be provided a
cell phone number to contact. It was noted operation hours are strictly enforced by the
courts. It was stated this change will be monitored and revisited if problems occur.
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The City Attorney presented Ordinance #6905-01 for second reading and read it by
title only. Commissioner Hamilton moved to pass and adopt Ordinance #6905-01 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Hart, Gray, Hamilton, Jonson and Aungst.
"Nays": None.
CITY MANAGER REPORTS
CONSENT AGENDA (Items #20-28) - Approved as submitted, less Item #25
ITEM #20 - Approve the transfer of Gas System funds in the amount of $1,035,000
between capital improvement projects of the Gas Fund (SBS)
ITEM #21 - Re-appoint William Schwob to the Board of Trustees, Clearwater Police
Supplementary Pension Fund (PO)
ITEM #22 - Award construction contract for new Recreation and Aquatics Center at Ray
Green Field to GLE Construction Services, Inc. of Tampa for $2,990,065 (PR)
ITEM #23 - Award construction contract for new Recreation and Aquatics Center at Ray
Green Field to Pool People Commercial Inc. of Pompano Beach for $626,792 (PR)
ITEM #24 - Award contract for the Reservoirs 1, 2 & 3 Monochloramine Disinfection
Project (01-0025-UT) to Cole Engineering & Constructors Corp. for $1,379,664 (PW)
ITEM #25 - See page 1 2
ITEM #26 - Approve the modifications to the 1997-1999 three year Local Housing
Assistance Plan pertaining to rental rehabilitation, and modifying the 2000-2002 Plan (PLD)
ITEM #27 - Authorize a settlement from Lockheed Martin, IMS Pinellas Works for $95,000
(CA)
ITEM #28 - Authorize a settlement of Aquamarine Swimming Pool Co. v. Oakhurst
Construction Co. Inc. (and City) for $81,696.05, plus interest, and receipt by City of
warranties on swimming pool shell (CA)
Commissioner Jonson moved to approve the Consent Agenda as submitted less
Item #25 and that the appropriate officials be authorized to execute same. The motion
was duly seconded and carried unanimously.
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ITEM #25 - Ratify and Confirm the approval of Change Order No. 1 to Contract No. 00-
0029-UT, 2000 Reclaimed Utility Improvements, with A&L Underground, Inc. in the
amount of $803,000 (PW)
A&L Underground is installing utility pipelines across Clearwater Harbor to replace
existing facilities that will be displaced for the new Memorial Causeway Bridge and to
replace aged water transmission mains. This change order provides for this contractor to
perform additional directional drill pipeline installation at a location near the intersection of
Drew Street and US 19N. The proposed pipeline is part of the Drew-Union Street
Reclaimed Water Main project that is in the design phase.
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Accomplished by approving this change order will be: 1) FDOT is planning for
construction of the new interchange at Drew/US 19N to begin in the next few months.
Once the FDOT construction is awarded, the area will be under construction for two to
three years, making it difficult and more expensive to construct the proposed pipeline in
the area of the interchange construction. By installing this pipeline now, staff will avoid
more costly construction and/or possibly a delay of two to three years; 2) A&L
Underground is under direction to remove all equipment from Coachman Park during
several events during October and November. This could result in extensive costs for
mobilization/demobilization and downtime. By moving a significant part of the construction
equipment and personnel to the Drew-US 19N crossing for this work, significant cost is
avoided; and 3) A&L Underground is highly experienced to perform this difficult
construction work. This approach allows the City to utilize an experienced construction
team on the critical UA 19N crossing.
The Change Order amount is based on a not-to-exceed unit price of $365 per linear
fee of pipeline installed. Actual costs may be reduced based on subsurface conditions and
final layout of pipeline in the field. Work had to commence by October 14, 2001, to allow
the contractor to relocate construction from coachman Park to the Drew-US 19N area
during Coachman Park events.
Public Works Director Gary Johnson stated the City is installing these lines in
conjunction with FDOT (Florida Department of Transportation) construction of a new
interchange at the US 19N and Drew Street intersection. Delaying the project would
increase costs.
It was questioned why utility work under the Intracoastal is underway before a
contract is signed for the new Memorial Causeway Bridge, which may not be built. Mr.
Johnson said the replaced lines would be needed in the future whether the bridge is built
or not. It was requested all costs related to the Memorial Causeway Bridge be identified as
sunk costs. Mr. Johnson said the installation of reclaimed and potable water never was a
bridge cost.
Commissioner Jonson moved to ratify and confirm the approval of change Order
No.1 to Contract No. 00-0029-UT, 2000 Reclaimed Utility Improvements, with A&L
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Underground, Inc. in the amount of $803,000, 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 #29 - Res #01-37 - Approve JPA with FOOT to relocate natural gas mains during
improvement project at an estimated cost of $85,962.50 and adopt (SBS)
FDOT (Florida Department of Transportation) has a project to construct overpasses
on US 19N (SR 55) at NE Coachman Road and at Sunset Point Road including roadway,
sidewalk, other improvements, and utilities to include existing Clearwater Gas System
facilities which conflict with the design. Under the JPA (Joint Project Agreement), FDOT's
general contractor will perform the relocation of the natural gas mains. Having FDOT's
general contractor install the natural gas mains allows for work to be done in a timely
manner and releases Clearwater Gas System from penalty payments.
Commissioner Gray moved to approve a Joint Project Agreement with FDOT to
relocate natural gas mains during improvement project, FPN:256888-1-56-02/WPI No.
7116974/SPN: 15150-3580/Pinellas County, SR 55 (US 19N)/CRX RR to south of
Enterprise Road, at an estimated cost of $85,962.50, and that the appropriate officials be
authorized to execute same. The motion was duly seconded and carried unanimously.
The City Attorney presented Resolution #01-37 and read it by title only.
Commissioner Hamilton moved to pass and adopt Resolution #01-37 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
"Ayes": Hart, Gray, Hamilton, Jonson and Aungst.
"Nays": None.
ITEM #30 - Res#01-38 - Approve agreement with FOOT for relocation of potable water
and sewer facilities on US 19N (CSX RR to south of Enterprise Rd.) (PW)
FDOT has designed the roadway improvements of SR 55/US 19N between the CSX
RR to south of Enterprise Road. Improvements will include constructing overpasses at the
intersections of NE Coachman and Sunset Point Road. Construction currently is
anticipated to begin in January 2003. This roadway improvement project will necessitate
the relocation or adjustment of the City's water and sanitary sewer mains and
appurtenances within the project limits. The Engineering Department has coordinated the
design for these utilities with FDOT. FDOT will receive bids for the combined roadway
improvement and utility relocation work and make award of contract to the low bidder.
Total costs represent the engineer's preliminary estimate, and are subject to
changes as the design progresses. Exact costs will be determined by the contractor's bid
and may vary. FDOT will competitively bid the project. Engineer estimates for water line
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relocation costs are $751,812.50 and Sanitary Utility Relocation costs are $85,864.76 for
a total of $837, 677.26
Commissioner Jonson moved to approve the Utility Work by Highway Contractor
Agreement with FOOT for the relocation of existing potable water and sanitary sewer
facilti4is impacted by the FOOT SR 55/US 19N (CRX RR to south of Enterprise Road)
roadway improvement project, and that the appropriate officials be authorized to execute
same. The motion was duly seconded and carried unanimously.
The City Attorney presented Resolution #01-38 and read it by title only.
Commissioner Gray moved to pass and adopt Resolution #01-38 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
"Ayes": Hart, Gray, Hamilton, Jonson and Aungst.
"Nays": None.
ITEM #31 - Approve naming City property located at 900 North Greenwood Ave., "North
Greenwood Recreation and Aquatics Complex", approve naming the Aquatics Center the
Ray Green Aquatics Center and name the gymnasium courts, Terrence Griggley Court and
Dr. Joseph Carwise Court. (PR)
As a Penny for Pinellas project, $4-million was identified to construct a recreation
and aquatics complex on the former Ray Green Field site. The project currently is titled the
Northwest Recreation and Aquatics Complex. The new facility should open in late 2002.
The new facility will have more than 28,000 square-feet inside and feature a teen area,
double full-size gymnasium, and a state-of-the-art fitness facility. Also, three swimming
pools are planned, including a 20-foot high water slide, large water playground with
training pool, and a traditional lap pool with diving area. A $200,000, 2001 FROAP grant
will fund many of the large aquatic amenities.
The North Greenwood Association has been involved with many of the project's
stages and recommends it be named the "North Greenwood Recreation and Aquatics
Complex". Resolution No. 94-12 specifies the Parks and Recreation Board will conduct
and advertise a public hearing to consider park name recommendations at a regular
meeting. The Parks and Recreation Board held this public hearing on June 25, 2001.
Based on information gathered at the hearing, and on Resolution criteria, the Parks and
Recreation Board recommended the City Commission name the complex "North
Greenwood Recreation and Aquatics Complex." The Board's second choice was the Dr.
Joseph Carwise Recreation and Aquatics Complex, and it's third was the Terrence Griggley
Recreation and Aquatics Complex.
The board also recommends naming the aquatics area the Ray Green Aquatics
Center and one gymnasium court after Terrence Griggley, a former P&R employee who
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was killed in a tragic accident, and the other court after Dr. Joseph Carwise, a former City
Commissioner and Pinellas County Schools Assistant Superintendent.
Parks & Recreation Director Kevin Dunbar reported the Griggley family had
withdrawn Terrence Griggley's name from consideration. It was recommended the
property's name include Dr. Carwise and North Greenwood. It was suggested the issue be
sent back to the Parks & Recreation Board for review as circumstances have changed. The
name of North Greenwood Avenue is being changed to Dr. Martin Luther King and the
Griggley name is no longer under consideration. Mr. Dunbar said between 12 and 15
residents attended the Parks & Recreation Board's June meeting and the majority
supported the North Greenwood name.
Concern was expressed the City Commission not tinker with the name after the
Parks & Recreation Board had recommended one. Discussion ensued regarding naming
options. Concern was expressed the North Greenwood name may mean little twenty years
from now. It was stated the complex will be the premier recreation facility in the City and
will attract residents from beyond the North Greenwood neighborhood. It was requested
the board consider the regional aspect of the facility.
Commissioner Jonson moved to name the property" Dr. Joseph Carwise North
Greenwood Recreation Complex. There was no second.
Commissioner Hart moved to send the naming issue back to the Parks & Recreation
Board for a reconsideration, following input at an advertised public hearing. The motion
was duly seconded. Commissioners Hart, Gray, and Hamilton voted "Aye"; Commissioner
Jonson and Mayor Aungst voted "Nay." Motion carried.
The City Commission was invited to attend the November 26, 2001 Parks &
Recreation Board meeting at 6:30 p.m.
ITEM #32 - First Reading Ord. #6878-01 amending Code of Ordinances extending slow
down wake zone north to the Clearwater Pass Bridge (MR)
A growing community concern exists regarding the safety of patrons using
the Clearwater Community Sailing Center and the public beach area to the north.
Extending the wake zone, will improve safety for swimmers, fishermen, and sailing
class students by protecting them from the wakes of passing vessels. The Marine
Advisory Board requested this item be brought forward.
On June 7, 1990, the Commission approved Ordinance 4995-90, establishing the
wake zone at the Sailing Center. The State of Florida Fish and Wildlife Commission
approved the wake zone under permit number 90-026. After approval of Ordinance 6878-
01, staff will submit it to the State for approval and amendment to the city permit. All
other City wake zones remain unchanged
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Commissioner Hart moved to amend Chapter 33, Section 33.067 of the Code of
Ordinances paragraph (8) extending the designated slow down minimum wake zone at the
Clearwater Community Sailing Center north to the Clearwater Pass Bridge. The motion
was duly seconded and carried unanimously.
The City Attorney presented Ordinance #6878-01 for first reading and read it by
title only. Commissioner Hamilton moved to pass Ordinance #6878-01 on first reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Hart, Gray, Hamilton, Jonson and Aungst.
"Nays": None.
ITEM #33 - Res #01-39 - Capital Improvement Refunding Bonds (FN)
Improvement Revenue Refunding Bonds, Series 2001, in an amount not to exceed
$12 million will be used to refinance the outstanding portion of the Series 1985 Public
Service Tax and Bridge Revenue Bonds and the outstanding portion of the Series 1995
Improvement Revenue Bonds at a present value savings of approximately 4% of the
outstanding par value of the bonds. The bonds will not be refunded if adequate savings as
well as other requirements are not going to be realized. Ordinance 6876-01 was enacted
on October 4, 2001 providing for the issuance of Improvement Revenue Bonds. This
ordinance established the additional bonds test to be 120%.
Resolution 01-36 was adopted on October 4, 2001 to provide for the sale of not to
exceed $12 million Improvement Revenue Bonds, Series 2001. This resolution provided
for the solicitation of offers for bond insurance. The current resolution under consideration
(Resolution 01-39) appoints Financial Security Assurance (FSA) as the Municipal Bond
Insurer for these bonds and supplements ordinance 6876-01 to adjust the additional bonds
test from 120% to 135%.
Commissioner Jonson moved to appoint Financial Security Assurance as Municipal
Bond Insurer for the Improvement Revenue Refunding Bonds, Series 2001, and
supplementing Ordinance 6876-01 to adjust the additional bonds test from 120% to
135%, and that the appropriate officials be authorized to execute same. The motion was
duly seconded and carried unanimously.
The City Attorney presented Resolution #01-39 and read it by title only.
Commissioner Gray moved to pass and adopt Resolution #01-39 and authorize the
appropriate officials to execute same. The motion was duly seconded and upon roll call,
the vote was:
"Ayes": Hart, Gray, Hamilton, Jonson and Aungst.
"Nays": None.
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ITEM #34 - Other Pending Matters
a) Discussion regarding possible amendment to the JPA re Memorial Causeway Bridge with
FOOT
The City Manager reported the FDOT bids for the Memorial Causeway Bridge are
higher than anticipated. He said DOT and Federal and State legislators have suggested
they be given some time to see what can be done to address the additional costs. The
Committee will be asked to take action at their November 1, 2001 meeting.
It was stated the City and its partners in this project have worked hard to raise the
funds. It was noted a recommendation to jump-start the economy suggested moving
forward with publicly funded construction projects. Public Works Administrator Mahshid
Arasteh said the project is scheduled to begin on January 1, 2002.
Discussion ensued regarding the history of the project. City Clerk Cyndie Goudeau
stated due to backups on the bridge and ongoing mechanical problems, a previous City
Commission had voted to move forward with the project rather than wait for the State to
replace the bascule bridge. Ownership of the bridge and the ability to charge tolls also had
been considered. Information on previous City Commission conversations related to this
project was requested.
Discussion ensued regarding financial commitment sources, the sinking fund, and
original cost estimates. Concern was expressed the City had committed to cover cost
overruns even though Clearwater will not own the bridge. The City Attorney said the City
had declined ownership of the bridge once maintenance costs were considered. It was
requested staff report on project costs and list anticipated funding sources and those
amounts. Concern was expressed the City does not have the ability to cap or limit its
commitment.
It was stated the City needs to consider its project partners. Concern was
expressed Clearwater will have a difficult time attracting contributions to future projects if
the City reneges on its earlier pledge to construct the bridge. It was stated retrofitting the
current bridge would limit traffic to one lane for more than four months.
It was noted the project bids include a 10% contingency, when most projects have
a 5 % contingency. Concern was expressed the bid had listed $1 .3-million for clearing and
grubbing work, which staff had valued at $10,000. It was recommended the City give the
legislators time to look into the issue.
A financial chronology of the project was requested, to include total costs, and
construction and borrowing costs.
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CITY ATTORNEY REPORTS
ITEM #35 - Other City Attorney Items
The City Attorney requested an attorney/client session regarding Bouchez versus
the City be scheduled. Consensus was to have this meeting on November 1, 2001, at
5:15 p.m.
ITEM #36 - City Manager Verbal Reports - None.
ITEM #37 - Commission Discussion Items
a) City Manager Evaluation
It was recommended an objective method to evaluate the City Manager and City
Attorney be developed, as salaries are related to evaluations.
It was stated the City Manager was given the ultimate evaluation this summer
when the City Commission promoted him to City Manager. It was stated the City Manager
has become a stronger leader since that appointment and provides an example of integrity
and leadership for staff. It was stated the City Manager is a good listener who uses his
background and community input to make decisions. It was felt the City Manager is doing
a good job. It was stated the City Manager has high energy, is honest, and is establishing
trust in the community. It was felt the City Manager has a good staff and provides
comprehensive information to the City Commission. It was recommended updates to the
City Commission be more timely.
Concern was expressed the City Commission had not identified a prioritized list of
goals and objectives for the City Manager. It was noted under the City Manager's
guidance crime and fires have been reduced. The City Manager was complimented for
initiating a comprehensive approach to water, sewer, and stormwater infrastructure issues
and initiating a program to review City-owned property for Code compliance and repair
violations. It was stated the water restriction compliance program, involving multiple
departments, had been handled well. The City Manager was complimented for scheduling
a neighborhood leaders' meeting, the coordination of City departments to address Gateway
area issues, and improvements to erosion issues on Allen's and Stevenson's creeks. The
City Manager also was complimented on continuing funding for tourist information
services, the design approval of the new main library, Airpark improvements, mast arm
signal replacement on Gulf-to-Bay Boulevard, newsrack conversions, and the Arbor Day
tree giveaway. It was noted the City Manager had resolved to maintain the SPC (St.
Petersburg College), F.K.A. St. Petersburg Junior College recreation area and establishing
downtown city management responsibilities. The City Manager was complimented for
high staff morale and a competent staff.
Concern was expressed regarding scheduling problems related to construction
projects at Coachman Park, planned changes for Coronado have not been presented, delay
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in addressing a lobbyist conflict, and the utility rate study had been late. It was
recommended the homeless situation be addressed more successfully and the relationship
between the County and City be improved. It was recommended the City's sidewalks and
curbs be appraised and a downtown economic development business plan be developed.
A personal development plan was endorsed. It was stated the City Manager's values are a
model for staff.
The City Manager was complimented for his efficient time management skills and
his willingness to clarify City Commission direction. Staff and resident respect for the City
Manager was noted. It was stated the City Manager is efficient at delegating
responsibilities and provides clearly defined directives. It was stated the City Manager
quickly fixes problems as soon as he is aware of them.
The City Manager does not qualify for a salary increase due to his recent contract
agreement.
b) City Attorney Evaluation
It was indicated most area attorneys compliment the job done by the City Attorney.
It was stated the City Attorney uses due diligence and is careful not to put the City in
adverse positions. It was stated the City Attorney directs an outstanding staff who
respect her. It was requested the City Attorney participate more in City Commission
discussions and provide more overt direction.
It was felt the City Attorney handles her most important obligations well and is
most helpful when coaching Commissioners regarding legal realities. It was stated the City
Attorney offers good advice and observations, and obtains suitable outside attorneys when
their expertise is important. It was recommended the City Attorney be a more visible
partner with the City Manager when addressing City Commission priorities.
The conservative nature of the City Attorney's advice was complimented. It was
recommended the City Attorney be more aggressive during City Commission discussions
when she is in disagreement and take a more active role during public meetings. The
performance of the City Attorney and her department were complimented. It was stated
outside legal experts, chosen for their expertise, charge reasonable rates.
The City Attorney's excellent reputation in the community was noted. The City
Attorney was complimented for defending the City and its Code. It was stated the City
Attorney provides realistic, honest, and objective advice, and considers both sides of
issues. The City Attorney's leadership was complimented.
Respect for the City Attorney's professionalism and knowledge was indicated. It
was recommended the City Attorney be more forthright with her opinion.
It was recommended the City Attorney's compensation package be changed to
improve her severance benefits and mirror the City Manager's compensation package. It
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was recommended the City Attorney's salary be increased to $11 5,000, in recognition of
her performance. It was felt that City Attorney deserves a raise, but not during these
uncertain economic times. It was recommended the City Attorney's contract be modified
to accrue leave time on a bi-weekly basis.
Direction was provided for the changes to address the severance package and leave
accrual be brought to the November 1 meeting for approval.
Commissioner Jonson moved to approve a salary increase to $11 5,000 annually for
the City Attorney. The motion was duly seconded. Commissioners Gray, Hamilton,
Jonson, and Mayor Aungst voted "Aye"; Commissioner Hart voted "Nay." Motion carried.
ITEM #38 - Other Commission Action
Commissioner Gray & Mayor AunQst encouraged residents to enjoy Jazz Holiday
through Sunday at Coachman Park.
Commissioner Jonson questioned whether the FLC (Florida League of Cities) request
that Representative Carassas be asked to sponsor a bill calling for a Constitutional
amendment to allow tax exemption for certain municipally owned property could be
honored. City Clerk Cyndie Goudeau reported that recommendation is part of the City's
legislative package. She will contact Representative Carassas.
Commissioner Jonson suggested the Commission consider prioritized objectives for
the City Manager at the October 29, 2001 Worksession.
Commissioner Jonson noted the 2000 census indicated Clearwater has the
country's highest medium age for cities with populations greater than 100,000.
Commissioner Jonson thanked the Mayor for a birthday card.
Commissioner Jonson thanked Cathy Duncan for the opportunity to act as principal
for the day at Curtis Fundamental School.
Commissioner Jonson praised the Neighborhood Leadership meeting and hoped the
efforts would continue.
Commissioner Jonson said America is beautiful and a great country and is
recovering from the terrorist actions.
Commissioner Jonson said Clearwater is a beautiful City, blessed with unique
beauty .
Commissioner Hamilton complimented Jazz Festival organizer efforts.
Commissioner Hamilton wished his brother, Ken, a happy birthday.
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Mayor Aungst attended the groundbreaking for the North Greenwood Library and
Recreation Complex on October 13, 2001.
Mayor Aungst said it was a pleasure to meet with the City Leadership Group on
October 17, 2001, and looked forward to meeting new employees at the quarterly
employee breakfast.
Mayor Aungst announced the Farmers Market grand opening on October 24, 2001
at 9:00 a.m. at the corner of Pierce and East Avenue.
Mayor Aungst reported the grand opening of Starbucks will be celebrated on
October 25, 2001.
Mayor Aungst invited residents to attend library fundraising events on October 20
and 26, 2001.
ITEM #39 - Adjournment
The meeting adjourned at 8:32 p.m.
~.I~
MaYOr-CO~i~ioner
Attest: r~;[ fL~
ity Clerk
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