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CITY COMMISSION MEETING
CITY OF CLEARWATER
November 1, 2001
Present:
Brian J. Aungst
Ed Hart
Whitney Gray
Hoyt P. Hamilton
William C. Jonson
Mayor/Commissioner
Vice-M ayor /Comm i ssioner
Commissioner
Commissioner
Commissioner
Also present: William B. Horne II
Garry Brumback
Ralph Stone
Pamela K. Akin
Cynthia E. Goudeau
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 6:00 p.m. at City Hall. The invocation
was offered by Pastor David McAbee of Everybody's Tabernacle. 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 - Presentations
a) Home and Neighborhood of the Quarter Presentation
Neighborhood of the Quarter award was presented to the North Greenwood
Neighborhood. Four Home of the Quarter awards were presented.
b) City Manager's Annual Report
The City Manager presented the City's 2001 annual report, released today. A
strong interest in Clearwater's Economic Development and Redevelopment is indicated by
350,000 square-feet of new construction, 900 new jobs, more than 200 new housing
units, a 7.8% increase in downtown property tax values, the receipt of $2-million in
Brownfields funding, plus plans underway for a new downtown Publix. During the past
year, City Leisure Services attracted 2-million visitors to City facilities and vents.
Improvements were made to McMullen Tennis, Morningside Pool, Bayfront Tennis, Ross
Norton Park, Countryside Recreation Center, and the Eddie C. Moore complex. City
libraries circulated 1.13-million items, handled 469,000 reference questions, and welcomed
52,500 patrons to library programs.
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Planning & Development Services planned initiatives for: 1) Beach by Design; 2)
Downtown Clearwater Periphery Plan; and 3) Downtown Clearwater Our Downtown and
addressed City neighborhoods via: 1) recognition; 2) newsletter; and 3) Clearwater
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Neighborhood Week. The City provided $0.5-million in support for social service programs
and $1 .8-million in financial aid for affordable housing. City development services
collected $3.3-million in license permits, approved $199-million worth of development,
accomplished 27,600 building and code inspections, and directed a successful campaign to
reduce water use by 11.4%.
Of 221,000 public safety calls, 70% were for police services. Violent crime
decreased by 16.9% and less serious crime decreased by 8.3%. The Police Department
achieved re-accreditation, developed a Hispanic outreach program, supported computer
training in North Greenwood, and opened a substation in Wood Valley. Two new
command units were funded through grants. The Fire Department responded to 21,500
incidents, accomplished 8,000 life safety inspections of commercial property, and hosted
221 programs, which educated 13,000 residents in life safety procedures. The OPTICOM
traffic control system is under development. In the past year, the City experienced a 60%
reduction in fires and had no fire-related deaths. The Fire Department received one new
aerial truck and two paramedic units. The department is assisted by CERT (Citizens
Emergency Response Team).
The Public Works Department handles engineering, construction, water, parking,
forestry, and environmental issues. Achievements include traffic calming at the new
Acacia Street roundabout, a new parking meter system, and expanded reclaimed water
distribution. Projects to initiate well field rehabilitation and water disinfection to meet EPA
standards are underway.
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City enterprise operations include Clearwater Gas System, which had $2.2-million in
revenues, making it the fourth largest municipal system in Florida. Solid Waste/Recycling
earned more than $700,000 for the City's General Fund. The Marina has 209 rented
board slips and features one of the area's largest commercial fishing operations.
Improvements have been made to the Airpark and a Master Plan was developed.
Revenues for the Harborview Center have been increasing. During the past year, the
facility hosted 510 meetings and 88 trade shows.
Since 1999, resident viewing of C-View has increased by 6%, to 75% of City
residents. The design of the City's web site was upgraded.
General Fund expenditures for FY (fiscal year) 2000/01 total $83.6-million: 1) 50%
- public safety; 2) 23% - culture and recreation; 3) 13% - general government; 4) 9% -
public works; and 5) 5% - planning and development. General Fund revenues for FY
2000/01 total $83.6-million: 1) 31 % - ad valorem taxes; 2) 29% - franchise & utility tax;
3) 18% - intergovernmental revenue; 4) 13% - interfund transfers; 5) 6% - licenses,
permits, & fines; 6) 2% - service charges; and 7) 5% - miscellaneous. Since 1997, the
City has received $70.6-million in grants, with $29-million received in 2001.
CIP projects include: 1) Beach by Design; 2) parking public/private partnerships; 3)
Downtown Clearwater, Our Downtown; 4) new Memorial Causeway Bridge; 5) new main
library; 6) new North Greenwood library; 7) community sports complex; 8) Sand
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Key/Northwest fire stations; 9) North Greenwood corridor enhancements; and 10) North
Greenwood recreation and aquatics complex.
ITEM #4 - Approval of Minutes
In reference to the October 4,2001 minutes, page 15, paragraph 7, Commissioner
Jonson indicated he had made the motion. In reference to the October 18, 2001 minutes,
page 19, Commissioner Jonson indicated he had endorsed, not requested, the City
Manager's personal development plan.
Commissioner Jonson moved to approve the minutes of the regular meetings of
October 4, and October 18, 2001, as amended. The motion was duly seconded and
carried unanimously.
ITEM #5 - Citizens to be heard re items not on the Agenda
Jeralne Burt requested time to sell or repair her Tangerine Street properties.
Karen Van & Chuck Sullivan reported on the success of Jazz Holiday, thanked the
City for its support, and distributed t-shirts to the Commission.
Anne Garris requested Jazz Holiday fencing at Coachman Park be removed soon.
Judy Melges reported "Last Night in the Stacks" was a successful fund raiser for the
new Main Library. The Library Foundation Capital Campaign is half way to its goal. She
encouraged residents to purchase Clearwater Cooks for Books.
PUBLIC HEARINGS
ITEM #6 - Public Hearing & First Reading Ord #6877-01 - Vacating the 30 foot roadway,
drainage and utility easement lying along the South property line of M&B parcel 22/01 and
the North property line of M&B parcel 22/21 in Section 16, Township 29 S., Range 16 E.
(First Baptist Church of Clearwater, Inc. V2001-24)
The proposed vacation is associated with the redevelopment of the subject property
at 110 North McMullen-Booth Road into the new Calvary Baptist Church and school
facility. The City has no utilities in the subject easements. Florida Power Corporation has
no objections to the request. Time Warner Communications, Verizon Media Ventures and
Verizon have no objections to the vacation requested, provided that the applicant pays the
cost to remove their facilities from the easement. Pubic Works Administration has no
objections to the vacation request.
Commissioner Hamilton moved to approve the applicant's request to vacate the 30-
foot roadway, drainage and utility easements lying along the South property line of M&B
parcel 22/01 and the North property line of M&B parcel 22/21 in Section 16, Township 29
S., Range 16 E. (AKA 110 North McMullen-Booth Road.
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The City Attorney presented Ordinance #6877-01 for first reading and read it by
title only. Commissioner Jonson moved to pass Ordinance #6877-01 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 #7 - Public Hearing & First Reading Ord #6880-01 - Vacating the 10 foot alley which
lies adjacent to the East property lines of Lots 9 through 13, inclusive, Block 2, J.H.
Rouse's Subdivision, as recorded in Plat Book 4, Page 90 of the Official Records of
Hillsborough County, Florida of which Pinellas County was formerly a part. (Howard
Jimmie V2001-22)
The applicant is removing his business from the properties adjacent to the subject
alley and also has removed substandard housing structures once served by utilities in the
alley. Florida Power, Time Warner, and Verizon Media Ventures, Inc. have no objection to
the vacation request. Verizon has no objections provided the applicant pays the cost to
remove their facilities. The City's sanitary sewer main in the alley will be abandoned.
Pubic Works Administration has no objections to the vacation request subject to the
applicant paying the costs to remove Verizon's facilities from the alley.
Commissioner Gray moved to approve the applicant's request to vacate the 10-foot
alley, which lies adjacent to the East property lines of Lots 9 through 13, inclusive, Block
2, J. H. Rouse's Subdivision, as recorded in Plat Book 4, Page 90 of the Official Records of
Hillsborough County, Florida of which Pinellas County was formerly a part, (AKA 609
Seminole Street). The motion was duly seconded.
It was noted the area has several alleys. It was felt it is premature to remove this
potential resource, which would allow traditional neighborhoods to develop with homes
having porches in front and garages to the rear.
Commissioners Gray, Hamilton, and Mayor Aungst voted "Aye"; Commissioners
Hart and Jonson voted "Nay." Motion carried.
The City Attorney presented Ordinance #6880-01 for first reading and read it by
title only. Commissioner Gray moved to pass Ordinance #6880-01 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Gray, Hamilton, and Aungst.
"Nays": Hart and Jonson.
Motion carried.
ITEM #8 - Public Hearing & First Reading Ord #6881-01 - Vacating the North 17 feet of a
27 foot drainage and utility easement lying along the South property line of Lot 27, Walden
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Woods Subdivision, as recorded in Plat Book 70, Page 49 of the Official Records of
Pinellas County, Florida, less the East 10 feet and the West 10 feet thereof. (Q'Hyrn
V2001-23)
The applicant seeks the vacation request to construct an above ground swimming
pool at 1549 Huntington Lane. The City has no utilities in the subject easement. Florida
Power Corp., Time Warner Communications, Verizon Media Ventures, and Verizon have no
objections to the vacation requested. Pubic Works Administration has no objections to the
vacation request.
Commissioner Jonson moved to approve the applicant's request to vacate the north
17 feet of a 27 foot drainage and utility easement lying along the south property line of lot
27, Walden Woods Subdivision (AKA 1549 Huntington Lane), as recorded in Plat Book 70,
Page 49 of the Official Records of Pinellas County, Florida, less the East 10 feet and the
West 10 feet thereof. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #6881-01 for first reading and read it by
title only. Commissioner Gray moved to pass Ordinance #6881-01 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 #9 - Public Hearin~ - Amendment to Penny for Pinellas Project list.
On March 6, 1997, the City Commission adopted Ordinance #6137-97, which
requires a special hearing to discuss the use of Penny for Pinellas tax prior to adoption of
the capital improvement budget, and at any time a change of $500,000 or more is
proposed to Penny for Pinellas funding.
It is anticipated funding needs for the Memorial Causeway Bridge project will
increase by $1,718,559: 1) Post Design Services - $854,800; 2) Pinellas County (Land,
Parking, Landscape) - $370,752; 3) Other $600,000. Available funds of $106,993 reduce
the total increase from $1,825,552.
Funding will be achieved: 1) additional bond proceeds previously received -
$1,311,299 and 2) additional Penny for Pinellas cash - $407,260. No projects have been
eliminated under this proposal.
It was requested this discussion be delayed until the Stormwater rate increase in
Item #44 and the possibility of funding some of the Stormwater projects through Penny for
Pinellas are discussed. It was indicated including Stormwater projects in the Penny for
Pinellas Project list could not be done at this public hearing because those changes had not
been advertised. Discussion ensued regarding taking items out of agenda order.
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Commissioner Gray moved to discuss Items #38-45, following discussion of Item
#9. The motion was duly seconded.
A different tact was suggested. The seconder withdrew his second. The motion
was duly seconded.
Upon the vote being taken, Commissioners Gray and Hamilton and Mayor Aungst
voted "Aye"; Commissioners Hart and Jonson voted "Nay." Motion carried.
Two persons supported and two persons opposed the proposal. One person
expressed concerns regarding possible cost overruns.
In response to a question, Public Works Administrator Mahshid Arasteh reviewed
differences between this Memorial Causeway Bridge project with a recently completed
bridge in Daytona Beach, noting that bridge is shorter, features shorter span lengths
between piers, and was precast. Douglas Butler, of HDR Engineering, reviewed difficulties
related to using precast construction techniques on the Memorial Causeway Bridge. He
said the Daytona Beach project had been underbid and change orders were necessary.
It was noted voters had approved the Penny for Pinellas project list, which had
included $13-million for this project. It was believed desired design enhancements would
be lost if construction is delayed and becomes a strictly State project. As necessary right-
of-way already has been acquired, it is unlikely a different route would not be approved if
this project is delayed. In response to a question, Financial Administrator Margie Simmons
said this request does not eliminate any Penny for Pinellas projects, even if a 20%
downturn in the economy should occur during the next 3 years. It was felt it would be
unwise to override the cooperative relations with other governments established during the
planning of this project.
It was stated the current bridge, constructed in 1963, does not separate adequately
east- and west-bound traffic and provides little protection for pedestrians and bicyclists. It
was indicated FDOT has a history of finishing projects within the 5 % contingency. The
City already has committed $8-million to the project, which it cannot recover.
It was indicated while the City Commission had inherited this project, the City had
acquired outside funding to cover 2/3's of the bridge's cost. It was stated the Tampa Bay
Partnership lists the Memorial Bridge replacement project in its government stimulus
package. It was noted project partners continue to look for additional funding sources.
Safety concerns with the current structure were reiterated.
It was stated this important decision concerns health and safety issues. It was
questioned if the bridge can be redesigned to lower construction costs. Ms. Arasteh said
value engineering cannot occur until after the contract is awarded. She said a project cap
cannot be set, but the City relies on FDOT experience on similar projects to keep final
costs in line with estimates.
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Kenneth Hartman, FDOT District VII Secretary, stated the design cannot be changed
until the contract is awarded. He expressed confidence that value engineering will provide
adequate savings. He said controlling cost and time overruns is critical as FDOT's
performance is measured by these standards. It was noted renovating the current bridge
would require the bridge to be closed for some time. Secretary Hartman said a previous
project to repair the bridge had been canceled because the City wanted to move forward
with replacing the bridge. The cost of construction would increase dramatically if the
project is delayed 20 years. He said the project provides an opportunity to improve City
infrastructure and aid economic development. It was stated 40% of Penny for Pinellas
funds are paid by tourists. Gratitude was expressed for funding efforts by U.S.
Congressmen Mike Billirakis and Bill Young and State Senator Jack Latvala.
In response to a question, Secretary Hartman said if the project is canceled, funding
would return to FDOT for other State transportation projects and could not be used for
schools or other funding shortfalls. In response to a question, Ms. Simmons said if
additional funding sources are found for the bridge, City money can be reprogrammed into
the City's Penny for Pinellas fund.
Commissioner Hamilton moved to approve increasing Penny for Pinellas funding for
the Memorial Causeway bridge by $1,718,559 for a new estimated total of $17,196,384,
and that the appropriate officials be authorized to execute same. The motion was duly
seconded and carried unanimously.
Public Hearing - Second Reading Ordinances
ITEM #10- Ord. #6847-01 - Annexation (& redefining boundary lines of City to include
said addition), 1312 State Street, E.A. Marshall Sub, South 71 feet of Lot 10, less West
240 feet thereof. (Clearwater Village LC ANX 01-07-13)
The City Attorney presented Ordinance #6847-01 for second reading and read it by
title only. Commissioner Jonson moved to pass and adopt Ordinance #6847-01 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 #11 - Ord. #6848-01 - Land Use Plan Amendment to Residential Low Medium upon
annexation, 1312 State Street, E.A. Marshall Sub, South 71 feet of Lot 10 less West 240
feet thereof. (Clearwater Village LC ANX 01-07-13)
The City Attorney presented Ordinance #6848-01 for second reading and read it by
title only. Commissioner Gray moved to pass and adopt Ordinance #6848-01 on second
and final 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.
ITEM #12 - Ord. #6849-01 - MDR Zoning, 1312 State Street, E.A. Marshall Sub, South
71 feet of Lot 10 less West 240 feet thereof. (Clearwater Village LC ANX 01-07-13)
The City Attorney presented Ordinance #6849-01 for second reading and read it by
title only. Commissioner Hamilton moved to pass and adopt Ordinance #6849-01 on
second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Hart, Gray, Hamilton, and Jonson.
"Nays": None.
Absent: Aungst
ITEM #13 - Ord. #6850-01 - Annexation (& redefining boundary lines of City to include
said addition), 1015 Ridge Avenue, Highland Pines, Blk 5, Lot 9 (Strom ANX 01-07-14)
The City Attorney presented Ordinance #6850-01 for second reading and read it by
title only. Commissioner Jonson moved to pass and adopt Ordinance #6850-01 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 #14 - Ord. #6851-01 - Land Use Plan Amendment to Residential Urban upon
annexation, 1015 Ridge Avenue (Strom ANX 01-07-14)
The City Attorney presented Ordinance #6851-01 for second reading and read it by
title only. Commissioner Gray moved to pass and adopt Ordinance #6851-01 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 #15 - Ord. #6852-01 - LMDR Zoning, 1015 Ridge Avenue, Highland Pines, Blk 5,
Lot 9 (Strom ANX 01-07-14)
The City Attorney presented Ordinance #6852-01 for second reading and read it by
title only. Commissioner Hart moved to pass and adopt Ordinance #6852-01 on second
and final 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.
ITEM #16 - Ord. #6860-01 - Annexation (& redefining boundary lines of City to include
said addition), (Wellman ANX 01-07-15)
The City Attorney presented Ordinance #6860-01 for second reading and read it by
title only. Commissioner Hamilton moved to pass and adopt Ordinance #6860-01 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 #17 - Ord. #6861-01 - Land Use Plan Amendment to Residential Low upon
annexation, 2666 North Terrace Drive, Pinellas Terrace, Lot 4, together with ROW
(Wellman ANX 01-07-15)
The City Attorney presented Ordinance #6861-01 for second reading and read it by
title only. Commissioner Jonson moved to pass and adopt Ordinance #6861-01 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. #6862-01 - LMDR Zoning, 2666 North Terrace Drive, Pinellas Terrace,
Lot 4, together with ROW (Wellman ANX 01-07-15)
The City Attorney presented Ordinance #6862-01 for second reading and read it by
title only. Commissioner Gray moved to pass and adopt Ordinance #6862-01 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. #6863-01 - Annexation (& redefining boundary lines of City to include
said addition), 2672 North Terrace Drive, Pinellas Terrace, Lot 5, together with ROW
(Glisson ANX 01-07-16)
The City Attorney presented Ordinance #6863-01 for second reading and read it by
title only. Commissioner Hart moved to pass and adopt Ordinance #6863-01 on second
and final 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.
ITEM #20 - Ord. #6864-01 - Land Use Plan Amendment to Residential Low upon
annexation, 2672 North Terrace Drive, Pinellas Terrace, Lot 5, together with ROW
(Glisson ANX 01-07-16)
The City Attorney presented Ordinance #6864-01 for second reading and read it by
title only. Commissioner Hamilton moved to pass and adopt Ordinance #6864-01 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 #21 - Ord. #6865-01 - LMDR Zoning, 2672 North Terrace Drive, Pinellas Terrace,
Lot 5, together with ROW (Glisson ANX 01-07-16)
The City Attorney presented Ordinance #6865-01 for second reading and read it by
title only. Commissioner Jonson moved to pass and adopt Ordinance #6865-01 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 #22 - Ord. #6872-01 - Annexation (& redefining boundary lines of City to include
said addition), 1245 Hercules Avenue, Sec 12-29-15, M&B 13/051 (Sabadash Enterprises
ANX 01-07-19)
The City Attorney presented Ordinance #6872-01 for second reading and read it by
title only. Commissioner Gray moved to pass and adopt Ordinance #6872-01 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 #23 - Ord. #6873-01 - Land Use Plan Amendment to Industrial Limited upon
annexation, 1245 Hercules Avenue, Sec 12-29-15, M&B 13/051 (Sabadosh Enterprises
ANX 01-07-19)
The City Attorney presented Ordinance #6873-01 for second reading and read it by
title only. Commissioner Hart moved to pass and adopt Ordinance #6873-01 on second
and final 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.
ITEM #24 - Ord. #6874-01 - IRT Zoning, 1245 Hercules Avenue, Sec 12-29-15, M&B
1 3/051 (Sabadash Enterprises ANX 01-07-19)
The City Attorney presented Ordinance #6874-01 for second reading and read it by
title only. Commissioner Hamilton moved to pass and adopt Ordinance #6874-01 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 #25 - Ord. #6875-01 - Vacating1 O-foot alley lying adjacent to the North property
lines of Lots 25 thru 28 inclusive 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, subject to a
drainage and Utility Easement which is retained over the full width thereof (All Around
Your Home V2001-20)
The City Attorney presented Ordinance #6875-01 for second reading and read it by
title only. Commissioner Jonson moved to pass and adopt Ordinance #6875-01 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 #26 - Ord. #6878-01 - Amending City's Code of Ordinances relating to waterways
and vessels to extend the Clearwater Community Sailing Center wake zone to meet the
Clearwater Pass wake zone.
The City Attorney presented Ordinance #6878-01 for second reading and read it by
title only. Commissioner Gray moved to pass and adopt Ordinance #6878-01 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 #26(a) - 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)
Commissioner Hamilton moved to continue Item #26(a) to November 15, 2001.
The motion was duly seconded and carried unanimously.
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CITY MANAGER REPORTS
CONSENT AGENDA (Items #27-37) - 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 separate vote.
ITEM #27 - Approval of Purchases per Purchasing Memorandum:
1) Garber Ford Mercury, Inc. Green Cove Springs, FL - Twenty-three (23) 2002 Ford
Crown Victoria Police Cruisers; $547,048.00 (GSS/Fleet)
2) Pinellas County Solid Waste, St. Petersburg, FL - Debris disposal service during the
contract period: 11/02/2001 through 09/30/2002; $4,085,000.00 (SW)
3) Southern Sewer Equipment, Ft. Pierce, FL - 2002 Sterling L7501 cab and chassis with
Vac-Con sewer cleaner; $185,075.00 (GSS/Fleet)
ITEM #28 - Extend the contract with Knight Enterprises, Clearwater, for the Installation of
Gas Mains, Service Lines and Exterior Underground House Piping in the amount of
$585,000, which is the second and final renewal option authorized in City of Clearwater
Bid 003-00.
ITEM #29 - Approve a lease agreement between the YWCA of Tampa Bay, Inc. and the
City for the premises located at 612 Franklin Street, Clearwater, for a period of five years
commencing on November 1, 2001, and terminating on October 31, 2006, at a rental of
$1 per year and the expenditure of $50,000 in Police Department Safe Neighborhood
Funds for renovations to the building.
ITEM #30 - Accept second year grant funding and approve the corresponding agreement
from the Juvenile Welfare Board totaling $68,700 for 100% funding of two teen
programs.
ITEM #31 - Award a contract for the Sand Key Fire & Rescue Station No. 51 (01-0041-FI)
to Caladesi Construction Company of Largo in the amount of $1,283,310
ITEM #32 - Award contract for Enterprise Road Improvements (01-0019-EN) to AJAX
Paving Industries, Inc. of Nokomis, Florida for the sum of $591,885.00.
ITEM #33 - Award the 2001 Sidewalk/Curb Contract (01-0021-EN) to Keystone
~xcavators, Inc. of Oldsmar for the sum of $932,350.00.
ITEM #34 - Approve the final plat for Hillcrest Gardens Subdivision located approximately
250 ft. South of Druid Road lying along the East side of Hillcrest Avenue.
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ITEM #35 - Approve an agreement for Professional Services - Downtown Parking Needs
Assessment/Feasibility Study with Urbitran Associates, Inc. to conduct a comprehensive
downtown parking study at a cost of $98,000.00.
ITEM #36 - CDBG, HOME and SHIP Subrecipients Agreement FY 2001/02 Consolidated
Action Plan.
ITEM #37 - Settlement with Nelson Construction
In reference to Item #27(2), the cooperation of the Solid Waste Department with
Pinellas County was complimented, as related costs have not increased for 12 years. In
reference to Item #33, it was noted a $2.6-million balance permits this project to move
forward, in addition to regular roadwork projects.
Commissioner Jonson moved to approve the Consent Agenda as submitted and that
the appropriate officials be authorized to execute same. The motion was duly seconded
and carried unanimously
OTHER ITEMS ON CITY MANAGER REPORT
ITEM #38 - Res. #01-41 - Authorizing execution of the Third Amendment to Joint Project
Agreement to construct a new Memorial Causeway East Bridge.
On June 27, 1997, the City Commission approved the JPA (Joint Participation
Agreement) between FOOT (Florida Department of Transportation) and the City for design,
right-of-way acquisition, and construction of the Memorial Causeway Bridge replacement.
The JPA was amended in January 2001, to recognize $12-million in federal funding, and in
June 2001, to recognize an additional $8,770,662 in federal funding. On September 26,
2001, project construction bids were received, with a low bid of $47,037,230.
Including Construction Engineering and Inspection, construction contingencies, and
an allowance for court costs or legal settlements arising from construction, FOOT
estimates the final cost could be as high as $53.8-million. Currently, $50.1-million is
budgeted. According to the original JPA, the City is responsible for absorbing additional
costs. FOOT has elected to contribute an additional $2.5-million to the project, increasing
their total contribution to $15.5-million.
Additional costs relate to the property exchange agreement with Pinellas County.
Utility relocation costs now will be absorbed by the utility funds. The City also will accrue
interest on advance cash deposits. The net impact to Penny for Pinellas funding is an
additional $1,718,559. This JPA amendment reflects FOOT's $2.5-million contribution
and details how contractor invoices will be paid to allow the City to maximize interest
accrual on the advance deposit.
In response to a question, the City Attorney said the memorandum of agreement is
a separate document. The City Commission is requested to change the JPA. The
proposed resolution approves execution of the JPA.
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One person supported the project and two persons opposed it.
It was hoped overruns can be limited. It was noted the design considered Pierce
100 residents and is a key to City economic development. It was felt if the project is
terminated, the City will suffer negative effects.
Commissioner Gray moved to amend the Joint Participation Agreement between
FDOT and the City for the Memorial Causeway Bridge replacement, and that the
appropriate officials be authorized to execute same. The motion was duly seconded and
carried unanimously.
The City Attorney presented Resolution #01-41 and read it by title only.
Commissioner Hamilton moved to pass and adopt Resolution #01-41 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 #39 - Approve a Property Exchange Agreement with Pinellas County for exchange of
property necessary for construction of the new Memorial Causeway Bridge, at a cost to
the City of $270,752.
Construction of the new Memorial Causeway Bridge will require a minor realignment
of Court and Chestnut streets and require transfer of 30,361 square-feet of Pinellas
County-owned property to the City to be used as new right-of-way, and the transfer of
24,465 square-feet of excess City owned right-of-way to the County.
In April 2000, the City and County entered into an Interlocal Agreement outlining
various responsibilities related to the bridge construction, which included the County's
commitment to fund $10-million of the bridge construction costs, payable in two $5-million
installments. The City received the first $5-million in July 2001. The second installment is
due this fiscal year. The Agreement also imposed conditions on both parties related to the
property exchange.
This Property Exchange Agreement defines the commitments of each party. The
City will reimburse the County $70,752 for the difference in square footage of the
properties to be exchanged, and to reimburse the County $200,000 as compensation for
parking spaces lost. The $200,000 will be deducted from the County's second $5-million
payment. Approval of this Agreement will assure that the project remains on schedule for
a January 2002 construction start.
Commissioner Jonson moved to approve a Property Exchange Agreement with
Pinellas County for exchange of property necessary for construction of the new Causeway
Bridge, at a cost to the City of $270,752, and that the appropriate officials be authorized
to execute same. The motion was duly seconded and carried unanimously.
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The Commission recessed from 8:00 to 8:15 p.m.
ITEM #40 - Authorize establishment of "Emergency Operations" Project in the amount of
$286,772.
Several departments, primarily Police, Fire, Public Works, and Parks and Recreation
have indicated a need to establish a funding source for necessities that arise during City
emergencies or storms. This project only would be available for use when the City
Manager declares a City emergency or upon declaration of a Federal or State emergency.
Normal expenditures charged to such a project would be employee overtime costs or
supplies related to the stated emergency. This also would provide a source of funds for
emergency military leave supplemental compensation under City guidelines when City
employees are called to active military duty.
Funding for this project would be through the reallocation of the $286,772 balance
of funds in the JlHurricane George" project. FEMA had reimbursed these funds to cover
operating expenditures incurred during the September 1998 storm. As the storm was late
in the fiscal year, department budgets absorbed many costs during the 1997/98 fiscal
year, and did not require reimbursement. The City received the FEMA funds late in fiscal
1998/99. Of that amount, $286,772 has not been spent.
This new project, "Emergency Operations," will be established by a first quarter
budget amendment transferring the $286,772 from project 181-99958, Hurricane George.
It was suggested the Hurricane George project be closed and the funds be returned
to the General Fund. Discussion ensued regarding accounting options. The City Manager
recommended approval, stating a need exists for a fund to meet emergencies
Commissioner Jonson moved to authorize the establishment of an "Emergency
Operations" project in the amount of $286,772, and that the appropriate officials be
authorized to execute same. The motion was duly seconded. Commissioners Gray,
Hamilton and Jonson, and Mayor Aungst voted "Aye"; Commissioner Hart voted "Nay."
Motion carried.
ITEM #41 - Res. #01-40 - Emergency Military Leave Supplemental Compensation.
On September 25, 2001, the State Cabinet unanimously passed a resolution,
offered by the Governor, requiring all State agencies to implement provisions of Florida
Statues Chapter 115.09 and 115.14, guaranteeing that employees who serve in the
Florida National Guard and U.S. Military Reserves will not face a pay cut while on active
duty in the aftermath of the terrorist attacks. Numerous local public sector agencies have
adopted policies that implement these supplemental military pay and benefit provisions.
Fourteen regular City employees currently are members of the U.S. Military Reserves or
Florida National Guard. Four already have been ordered to active duty in support of
Operation Enduring Freedom.
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This Resolution supports implementation of a City policy, retroactive to September
11, 2001, that will provide full City pay and benefits for the first 30 days of a regular full-
time or part-time City employee's active duty deployment, and thereafter, supplemental
pay necessary to raise a regular employee's military pay to the level of his/her City pay, as
well as continuation of the employee's existing benefits for a period of up to six months,
with provision for supplemental pay and benefits to be extended by the City Manager for
an additional six months.
Although the amount of supplemental pay will vary, the average supplement
payment for the four employees ordered to active duty is estimated at $1,897 per month.
Based on these estimates and assuming active duty deployment for the maximum period of
time an employee could receive supplemental compensation under this policy, it is
estimated this policy will cost approximately $106,000. It is recommended that affected
departments identify and absorb costs related to supplemental military leave pay and
benefits through salary savings, or if necessary, fund any deficits from a proposed
"Emergency Operations" project to be established in the first quarter.
It was requested this issue be reevaluated after the crisis.
Commissioner Hamilton moved to support an administrative policy implementing
provisions of Florida Statute Chapter 115.09 and 115.14 authorizing partial City pay and
the continuation of City benefits to supplement military pay received by regular City
employees who are members of the U.S. Military Reserves or the Florida National Guard
and are ordered into active military duty in response to the tragic events of September 11,
2001 and that the appropriate officials be authorized to execute same. The motion was
duly seconded and carried unanimously.
The City Attorney presented Resolution #01-40 and read it by title only.
Commissioner Jonson moved to pass and adopt Resolution #01-40 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 #42 - Island Estates Neighborhood Conservation Overlay District Study Committee
Appointments
Vacancies on the Study Committee were created due to the resignation of three
members.
Commissioner Hamilton moved to appoint Dr. Thomas A Caleca, Rusty Hoaglin, and
Sandy Cole. The motion was duly seconded and carried unanimously.
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ITEM #43 - First Reading Ord # 6915-01 - Providing for Water and Sewer Revenue Bonds
to be issued in one or more series to fund the system capital improvements, and amending
Ordinances 3674-84,5355-93 and 6311-98.
The Water and Sewer rate study has proposed a 7 % increase in water and sewer
rates effective July 1, 2001, April 1, 2002, January 1, 2003, October 1, 2003, and
October 1, 2004. The City Commission approved these rate increases, which are
sufficient to provide for operations, capital projects, and debt service on bonds issued
during this time period.
This rate study identified a need for approximately $137 .4-million in capital
projects, with bonds to be issued in 2001/02 of approximately $53,776,000 and in
2003/04 of approximately $35,657,000, and with interim financing of $23,239,000 in
2005 in anticipation of a $40,644,000 bond issue in 2006.
Projects to be financed from the 2001/02 list total $53,776,000: 1) Northeast
Advanced Waste Water Treatment Carousel - $315,600; 2) Laboratory Building -
$2,198,960; 3) Water Pollution Control Master Plan - Phase III - $1,700,040; 4) Pump
Station Replacement - $4,560,000; 5) Reclaimed Water - $7,253,920; 6) Northeast
Improvements - $7,079,020; 7) Water Treatment Plant - $6.25-million; 8) Sewer
Interceptor Lines - $1,781,000; 9) Sewer Manholes & Gravity Lines - $0.5-million; 10)
Water Disinfection Systems - $1 A-million; 11) Water Service Lines - $1-million; 1 2)
Clearwater Harbor Sewer Line Relocation (JPA) - $550,000; 13) Clearwater Harbor Force
Main (Bridge) - $1,440,560; 14) Clearwater Harbor Water Transmission Main Replacement
- $1,848,480; 15) Water Supply & Treatment - $1,951,000; 16) Line Relocation -
Capitalized - $1,709,200; 17) Meter/Backflow Prevention Device Repair/Change-out -
$275,000; 18) WPC Master Plan Phase II - $1.2-million; 19) Sanitary Sewer Renewal &
Replacement - $8,218,000; 20) AWT Facilities - $545,220; and 21) Sanitary Sewer
Relocation - $2-million.
The amendment to the previous ordinances relates to the process to be followed
when issuing additional bonds. A sale resolution will be brought forward for Commission
adoption detailing the specifics of the sale.
One resident expressed concern the Federal government no longer issues 30-year
bonds.
Commissioner Jonson moved to approve Water and Sewer Revenue Bonds to be
issued in one or more series to fund the system capital improvements, and amend
ordinances 3674-84,5355-93 and 6311-98, and that the appropriate officials be
authorized to execute same. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #6915-01 for first reading and read it by
title only. Commissioner Gray moved to pass Ordinance #6915-01 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.
ITEM #44 - First Reading Ord #6855-01 - Increasing the residential and commercial
Stormwater Utility rate to $6.13 per Equivalent Residential Unit (ERU) beginning
01/01/2002, to $7.16 per ERU beginning 10/01/2002, to $8.01 per ERU beginning
10/01/2003, to $8.65 per ERU beginning 10/01/2004 and to $9.35 per ERU beginning
10/01/2005.
The Stormwater Utility was established effective 1991. On August 6, 1998, the
City Commission Ordinance #6309-98 was passed increasing Storm water Utility rates to
$4.00 per ERU beginning 10/1/98 and establishing a series of four subsequent 4.3 per
cent increases to be effective 10/1/1999 ($4.17),10/1/2000 ($4.35),10/1/2001 ($4.54)
and 10/1/2002 ($4.73).
In 1998, the revenue sufficiency and financial forecast analysis indicated funding a
$30-million capital improvements program every 5 years after FY 2003 would require a
perpetual annual rate increase between 11 % and 11.5%. Burton and Associates has
completed a five-year revenue sufficiency update and financial forecast analysis, which
recommends early consideration of a rate increase due to higher than anticipated
infrastructure, operating and maintenance costs, and additional capital improvement costs
beyond original projections and approvals.
The increases are necessary to provide funding for $72.4-million of capital
improvement projects to abate severe street and in structure flooding, improve water
quality, add, restore or upgrade stormwater infrastructure, and comply with mandated
changes in operating, maintenance and reporting requirements.
In addition to funding for continuing approved projects, staff recommends the new
projects for Commission funding approval: 1) Kapok Flood Resolution; 2) Myrtle Avenue
Improvements; 3) Stevenson's Creek Implementation Phase I; 4) North Greenwood Corridor
Storm; 5) FDEP compliance; 6) Sharkey Road Drainage Improvement; 7) Alligator Creek
Drainage Improvement; 8) Allen's Creek Neighborhood Flooding; 9) north beach drainage,
and 10) storm system expansion. Individual projects will be presented to the Commission
for development approval.
Sandy Jameson, Environmental Advisory Board Chair, stated the board had
recommended the City Commission accept and approve the five-year plan. She said one
member had requested considering financial alternatives to relieve long-term burdens on
City residents. Two people requested the item be tabled.
It was stated the projects are necessary to correct aging and neglected
infrastructure. It was noted the City may qualify for some grants to cover related costs. It
was felt these fees represent a tax on residents. The City Attorney said legally, that is not
the case. The fees are not taxes.
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Commissioner Jonson moved to ask the City Attorney and City Commission to
agenda an appropriate hearing to make adjustments to the Penny for Pinellas funds and
consider returning $1 O-million to the list for the Stormwater Projects. The motion was
duly seconded.
Ms. Simmons expressed concern if a significant downturn in the economy occurs,
funds for the Kapok project would not be available. Increasing Penny for Pinellas funding
for stormwater projects would save single-family residences $1/month over five years.
It was recommended the City Commission only approve the first group of projects
and return in several years to consider second phase projects. Ms. Simmons said that
method would increase the difficulty of staff to issue bonds as no long term capital plan
would be approved. Project costs could be increased if long term planning is not approved.
It was felt the proposed projects are important and should not be delayed. Concern
was expressed due diligence must take place. Commercial costs are much greater than
single-family residence costs. Large impervious surfaces on commercial properties
contribute to stormwater problems. Ms. Simmons said staff will return to the City
Commission if it feels a future rate increase is unnecessary.
Commissioner Jonson restated his motion. Upon the vote being taken,
Commissioner Jonson voted "Aye"; Commissioners Hart, Gray, Hamilton and Mayor
Aungst voted "Nay." Motion failed.
Commissioner Hamilton moved to increase the residential and commercial
Stormwater Utility rate to $6.13 per ERU (Equivalent Residential Unit) beginning
01/1/2002, to $7.16 per ERU beginning 10/01/2002, to $8.01 per ERU beginning
10/01/2003, to $8.65 per ERU beginning 10/01/04 and to $9.35 per ERU beginning
10/01/05. The motion was duly seconded. Commissioners Gray, Hamilton, and Mayor
Aungst voted "Aye"; Commissioners Hart and Jonson voted "Nay." Motion carried.
The City Attorney presented Ordinance #6855-01 for first reading and read it by
title only. Commissioner Gray moved to pass Ordinance #6855-01 on first reading. The
motion was duly seconded and upon roll call, the vote was:
"Ayes": Gray, Hamilton, and Aungst.
"Nays": Hart and Jonson.
Motion carried.
ITEM #45 - Other Pending Matters - None.
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CITY ATTORNEY REPORTS
ITEM #46 - Other City Attorney Items
The City Attorney reported Granite Outdoor Advertising had filed a lawsuit against
City regarding the sign code.
a) City Attorney Contract Amendments
The City Attorney presented her contract, amended to increase severance to 6
months, plus adding one month per year, beginning this year, for a maximum total of 12
months. She reviewed changes to her unified leave accrual, which will accrue bi-weekly.
Commissioner Jonson moved to approve the amendments to the City Attorney's
contract. Commissioners Jonson, Gray, Hamilton, and Mayor Aungst voted "Aye";
Commissioners Hart voted "Nay." Motion carried.
ITEM #47 - City Manager Verbal Reports
The City Manager reported Seminole Mayor Dottie Reeder (on November 5, 2001)
will host a meeting regarding County legislative efforts to curb annexations. The meeting
will be at Seminole Recreation Center at 7:00 p.m. Commissioner Hart will attend. The
City Manager reported he attended a meeting requested by the Largo City Manager also
addressing annexation. He requested Commission members review the American
Assembly process being proposed to use in addressing this issue. A scope of work being
prepared by Dr. deHaven-Smith will assist in this process.
The City Manager addressed a Work Session concern regarding the internet cafe
sign issue. He reported the owner has removed some signs but signage still does not meet
code. Planning Director Cyndi Tarapani said code enforcement efforts will continue. Staff
plans to review the proportionality aspects of sign code for future consideration by the City
Commission.
ITEM #48 - Other Commission Action
Commissioner Hart requested staff bring forward as much value engineering as
possible on the new Memorial Causeway Bridge to avoid cost overruns and requested
reports and information regarding the process. The City Manager said this is FOOT's
contract. Staff will work with FOOT to keep the City Commission informed.
Commissioner Gray complimented CHIP partnership efforts to help the homeless
and encouraged the Commission to reaffirm City support.
Commissioner Gray reported two Tampa Bay Economic Development Council media
pieces regarding economic development are being aired on television Channel 19 and radio
WTAN.
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Commissioner Gray said she enjoyed this morning's flag dedication ceremony at the
Bayfront and thanked the Browns for donating the flag and flagpole. She also thanked the
Clearwater High choral group "Windsong" for their performance.
Commissioner Gray reported during her recent visit to Hawaii, that state's
legislature, meeting in special session, had approved unanimously a $1-billion economic
stimulus package on the session's first day. She said that legislature provides a good
example for other states.
Commissioner Gray complimented the City Manager and City Clerk for help in
getting updates on the status of Florida's economic stimulus package.
Commissioner Jonson distributed a chart and requested Commission members
prioritize objectives and establish interim goals for the City Manager.
Commissioner Jonson said he was impressed with his tour of Clearwater Housing
Authority properties.
Commissioner Hamilton thanked the Brown family for their donation of an American
flag and flagpole for display on the City's Bayfront.
Mayor Aungst said he also had attended the CHIP breakfast and echoed
Commissioner Gray's remarks.
Mayor Aungst said Jazz Holiday had been great.
Mayor Aungst expressed concern comments made by Commissioner Jonson during
the City Manager evaluation had claimed the Commission had failed citizens by not
adopting a Vision.
Mayor Aungst stated the Commission had validated the Vision in April and had
agreed to meet annually to address vision issues.
Commissioner Jonson stated his concern was the Commission had not prioritized its
goals.
ITEM #49 - Adjournment
The meeting adjourned at 9:52 p.m.
Au.steF' )L,. k<>-----
, ity Clerk
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