10/07/1999
CITY COMMISSION MEETING
CITY OF CLEARWATER
October 7, 1999
Present: Brian J. Aungst Mayor/Commissioner
Ed Hooper Vice-Mayor/Commissioner
J. B. Johnson Commissioner
Robert Clark Commissioner
Ed Hart Commissioner
Also present: Michael J. Roberto City Manager
Bill Horne Assistant City Manager
Bob Keller Assistant City Manager
Pamela K. Akin City Attorney
Cynthia E. Goudeau City Clerk
Patricia O. Sullivan Board Reporter
The Mayor called the meeting to order at 6:00 p.m. at City Hall. Commission Hart
offered the invocation. The Mayor led the Pledge of Allegiance.
To provide continuity for research, items are in agenda order although not necessarily
discussed in that order.
ITEM #3 - Service Awards
One service award was presented to a City employee.
ITEM #4 - Introductions and Awards
Proclamation: Clearwater Jazz Holiday – October 9, 10, 14 - 17, 1999
& October Jazz Month
Proclamation: Florida Government Week – October 17 – 23, 1999
Proclamation: Public Natural Gas Week – October 3 – 9, 1999
Proclamation: Alternative Transportation Week – October 18 – 24, 1999
ITEM #5 - Presentations
a) Dr. Steve Johnson - SPJC
Dr. Steve Johnson, of SPJC (St. Petersburg Junior College) reported on changes and
progress at the college.
Dr. Johnson said the school is working to be responsive to the community and meeting
local business and industry training needs. He offered the school's help in providing economic
development training and contributing to the area's quality of life.
mcc10a99 1 10/07/99
ITEM #6 - Approval of Minutes
Commissioner Johnson moved to approve the minutes of the regular meeting of
September 16, 1999, as recorded and submitted in written summation by the City Clerk to
motioncarried
each Commissioner. The was duly seconded and unanimously.
The minutes of the special meetings of September 14, 1999 and September 28, 1999
were pulled.
ITEM #6a - Citizens to be heard re items not on the Agenda
Jerry Rehm spoke in support of Commission and City Manager actions to meet future
City needs.
Joe Calio thanked the City for locating on Sand Key an EMS unit, which recently saved
a life.
Jim Ficken opposed the land assembly ordinance and forced annexation of enclaves.
Early Sorenson spoke in support of the City Manager. He disagreed with City Attorney
advice related to due process and property rights.
Bob Henion invited all residents to attend a charette at the Harborview Center on
October 23, 1999, from 10:00 a.m. to 4:00 p.m. to provide recommendations regarding bluff
development.
John Lee supported the transfer of an EMS unit to Sand Key. He requested some
freed Penny for Pinellas funds be dedicated to Fire Department needs. He commended the
City Manager and City Attorney.
Dave Corcoran said the occupation license procedure had improved markedly. He
spoke in support of the City Manager.
John Anastopolis said the City Manager has made a positive difference to the City.
Breck Parker felt it was unfair that he had paid impact fees and related costs when his
property was annexed while properties now being forced to annex into the City will pay
nothing.
Beth Goodgame spoke in support of the leadership of the City Manager and
Commission.
Tom Nucera said the City had ignored his plea to be left alone and had undermined his
constitutional right to privacy by pursuing the annexation of enclaves.
Sheila Cole said recent press coverage has featured a negative slant. She spoke in
support of the City Manager.
mcc10a99 2 10/07/99
John Maguire supported the City Manager’s vision and proactive stance.
Ralph Spencer expressed concern regarding mistakes made by the administration.
John Doran invited attendees of this weekend’s Jazz Holiday venues to use the free
ferry service to the beach from Downtown.
Rex Clark congratulated the City for being granted $15-million by the federal
government.
George Athanasiou supported recent progress on the beach and staff’s proactive
response to citizens.
PUBLIC HEARINGS
Ords. #6447-99, #6448-99 & #6449-99
ITEM #7 - Public Hearing & First Reading -
Annexation, Land Use Plan Amendment to Residential/Office General & O (Office) Zoning for
Rimoun & Robin
property located at 2729 & 2733 S.R.580, Acker's Sub., Blk 1, Lots 6 & 7 (
Goris / Criss Cross Center Co.
)
The applicants have requested annexation and zoning of Resident/Office General and
Zoning Atlas Amendment to Office (O) for 2729 & 2733 SR 580 to obtain water and sewer
service. The Community Development Board unanimously endorsed the request.
Commissioner Hooper moved to approve the Petition for Annexation, Land Use Plan
Amendment to Residential/Office General and Zoning Atlas Amendment to Office (O) for Lots
motion carried
6 & 7, block 1, Acker’s Subdivision. The was duly seconded and unanimously.
The City Attorney presented Ordinance #6447-99 for first reading and read it by title
only. Commissioner Clark moved to pass Ordinance #6447-99 on first reading. The motion
was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
The City Attorney presented Ordinance #6448-99 for first reading and read it by title
only. Commissioner Hooper moved to pass Ordinance #6448-99 on first reading. The motion
was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
The City Attorney presented Ordinance #6449-99 for first reading and read it by title
only. Commissioner Johnson moved to pass Ordinance #6449-99 on first reading. The
motion was duly seconded and upon roll call, the vote was:
mcc10a99 3 10/07/99
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
Public Hearing - Second Reading Ordinances
Ord. #6444-99
ITEM #8 - - Amending the Operating Budget for Fiscal Year ending 9/30/99
The City Attorney presented Ordinance #6444-99 for second reading and read it by title
only. Commissioner Clark moved to pass and adopt Ordinance #6444-99 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
Ord. #6445-99
ITEM #9 - - Amending Capital Improvement Program Report and Budget for
Fiscal Year ending 9/30/99
The City Attorney presented Ordinance #6445-99 for second reading and read it by title
only. Commissioner Hart moved to pass and adopt Ordinance #6445-99 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
CITY MANAGER REPORTS
CONSENT AGENDA (Items #10-21) – Approved as submitted less #12
ITEM #10 - Approval of Purchases & Declaration of Surplus per 09/16/99 memorandum:
utility line marking
Sunshine State One Call of Florida, throughout gas system area of
GAS
operation, 8/10/99-8/31/2000, estimated $41,000 ()
propane for resale
Ferrellgas, throughout gas system area of operation, 11/1/99-10/31/2000,
GAS
estimated $100,000 ()
propane for resale
Texaco Natural Gas Liquids, throughout gas system area of operation,
GAS
11/1/99-10/31/2000, estimated $150,000 ()
materials & installation for various fencing projects
Smith Fence Company, throughout
QOL
City, 11/1/99-10/31/2000, estimated $100,000 ()
mcc10a99 4 10/07/99
#57 aggregate
Florida Crushed Stone Company, for use throughout City, 10/8/99-9/30/2002,
PW
estimated $33,600 ()
annual maintenance of 3 alphaservers
Compaq Computer Corp., used by IS, 10/1/99-
IT
9/30/2000, estimated $31,544.14 ()
database licenses & support of software
Oracle Corp., used by IS, 10/1/99-9/30/2000,
IT
estimated $40,000 ()
five 5 year leases of digital printer / copy machines
Xerox Corp., to be used by various
IT
departments, 10/11/99-10/31/04, estimated $115,000 ()
postage used by all departments
Postmaster, Clearwater, , 10/08/99-09/30/00, estimated
IT
$125,000 ()
vehicle fuel
Voyager Fleet Systems, used by all departments, 12/01/99-11/30/00, estimated
GSS
$400,000 ()
four 2000 Peterbilt solid waste side loader garbage trucks with
Peterbilt of Central Florida,
Rapid Rail bodiesDeclare surplus
, $506,136; to City needs four 1991 Crane Carrier
Corporation Automated Side Loaders and authorize disposal through trade-in; financing to be
GSS
provided under City's Master Lease-Purchase Agreement ()
truck accessories
S & M Truck World, used by all departments using vehicles, 10/08/99-
GSS
10/31/00, estimated $50,000 ()
Pinellas County Fire Protection Authority
ITEM #11 - (Cont’d from 09/16/99) Agreement with
FD
to provide fire services ()
ITEM #12 – See page 6
ITEM #13 - Agreement with Pinellas County School Systems / Clearwater Adult Education
educational servicesPD
Center to provide , estimated $67,000 ()
special events
ITEM #14 - Confirm co-sponsorship & waiver of City fees for including Jazz
Holiday, Fun N' Sun, Fourth of July, Holiday Sights and Sounds and Parade, Turkey Trot,
North Greenwood Street Festival, Martin Luther King Jr. Parade, Memorial Day, Clearwater
Pass Bridge Run, Saturday in the City, and Military Appreciation Day, estimated $285,690
PR
($84,720 cash contributions and $200,970 in-kind contributions)()
Holt Avenue Youth Center and
ITEM #15 - Approve RFP Review Committee ranking for
grant proposals
: 1) African American Leadership Council, Inc., 2) Suncoast Family YMCA;
PR
authorize staff to negotiate agreement with #1 ()
reimbursing Philadelphia Phillies
ITEM #16 - Approve $50,000 for needed repairs &
PR
improvements at Jack Russell Stadium ()
mcc10a99 5 10/07/99
Lake Chautauqua Boardwalk and Dock
ITEM #17 - Contract for to Bayshore Construction,
PW
Inc., for $85,736.20, including 10% allowance for contingencies ()
Cleveland Plaza Commercial Corner
ITEM #18 - Approve final plat for , located at 1 S.
PW
Missouri Avenue (Eckerd Drug Store)()
ITEM #19 - First Amendment to Agreement for Professional Services for 5 engineers-of-record
PW
()
ITEM #20 - Drainage & Utility Easement - portion of Clearwater High School property abutting
Allen's Creek on North side of Druid Road to reconstruct Druid Road bridge and culvert
School Board of Pinellas CountyCA
()()
ITEM #21 - Approve Clearwater Housing Authority request to apply payment in lieu of taxes to
CHIP
In response to a question regarding Item #18, staff will verify if the site still has 340
spaces. Concern was expressed that parking spaces which allow backing out into the main
travel lane are permitted by code. Staff will review that issue during the code’s 6-month review.
Commissioner Clark moved to approve the Consent Agenda as submitted, less Item
motion
#12, and that the appropriate officials be authorized to execute same. The was duly
carried
seconded and unanimously.
ITEM #12 - Rescind 09/02/99 award of contracts effective 09/03/99 to Tempaco of Pinellas
miscellaneous gas repair & installation parts
and Castle Supply, for ; Award contracts to
Tempaco of PinellasCastle Supply
, for period 10/08/99-09/30/00, estimated $192,000 and ,
GAS
for 10/08/99-09/30/00, estimated $181,000 ()
On September 2, 1999, the Commission awarded contracts to Tempaco of Pinellas and
Castle Supply to provide miscellaneous gas repair and installation parts for the period
September 3, 1999 to September 30, 2000. Award of these contracts was under protest at
that time and the item inadvertently was included in the consent agenda.
Winfrey Corporation was awarded a similar contract as a result of Bid 22-99. Winfrey
was not performing and a new bid, 78-99, was let. Staff sent Winfrey a 30-day termination
notice to coincide with the award of the new bid. Winfrey submitted a response to the new bid
and was the low bidder. Due to the City’s prior experience, staff did not recommend Winfrey
for award. Winfrey protested the award to Tempaco and Castle. The protest process is
complete and approval of this split contract can be accomplished under the terms of Bid 78-99.
Staff recommends that Lines 30-50 (Corrugated Stainless Steel Tubing and Fittings) of
Bid 78-99 be awarded to Castle Supply, Oldsmar, Florida, in the estimated amount of
$181,000 for the period September 17, 1999 to September 30, 2000, and the remainder of Bid
78-99 be awarded to Tempaco of Pinellas, Largo, Florida, in the estimated amount of
$192,000 for the period September 17, 1999 to September 30,2000. These miscellaneous
mcc10a99 6 10/07/99
gas repair and installation parts will be used throughout the Clearwater Gas System during the
contract period. The award of Bid 78-99 will save approximately $58,000 when compared with
Bid 22-99.
Dan Winfrey, of Winfrey Corporation, said he had held this contract for 3 years as
franchise holder for Tempaco of Pinellas. His franchise contract was not renewed last year.
He felt the clause allowing a new bid was not fair. He said he had submitted the lowest bid
and should have been awarded the new contract. Clearwater Gas Operations Manager Tom
Sewell reported a business decision against the use of a sole source bidder was made to
better serve Gas System customers. In response to a question, the City Attorney said Mr.
Winfrey had exhausted the City's internal appeal process. His next remedy is the court.
In response to a question, Mr. Sewell said the proposed agreement is with the new
Tempaco operator. He said after the Winfrey Corporation had demonstrated problems
servicing the contract, a clause was added to the next contract to allow a follow-up bid. The
City Attorney said staff has reviewed the contract and believes correct procedures were
followed.
Commissioner Clark moved to rescind September 2, 1999, award of contracts effective
September 3, 1999, to Tempaco of Pinellas and Castle Supply, for miscellaneous gas repair
and installation parts, and award contracts to Tempaco of Pinellas, for miscellaneous gas
repair and installation parts, from October 8, 1999 to September 30, 2000 at an estimated
amount of $192,000, and Castle Supply for miscellaneous gas repair and installation parts,
from October 8, 1999 to September 30, 2000 at an estimated amount of $181,000 and that the
motion
appropriate officials be authorized to execute same. The was duly seconded and
carried
unanimously.
The Commission recessed from 7:30 to 7:48 p.m.
OTHER ITEMS ON CITY MANAGER REPORT
RoundaboutCM
ITEM #22 - Update regarding Beach Entryway () Project ()
Ben Doan, of PBS&J (Post, Buckley, Shuh & Jernigan, Inc.), said the project is on time
and on budget. A pedestrian crosswalk will be in place for the Jazz Festival. Removal of the
median and curbing replacement will impact traffic for less than a week. Pilings for the
pedestrian bridge are finished. The underground vault for the fountain is complete. Traffic
soon will be routed through the roundabout.
petition from JMC Communities of Clearwater III, Inc., General Partner
ITEM #23 - Accept
(& Mandalay Beach Club, Ltd.) for Acquisition, Land Assembly, and redevelopment assistance
ED
() a/k/a Cheezum development
The City Commission adopted Ordinance 6410-99 to facilitate redevelopment and
declared a portion of Clearwater beach as needing revitalization. Mandalay Beach Club, Ltd.,
a Florida limited partnership, has filed a petition for land assembly/redevelopment assistance
for the area bounded by San Marco, Mandalay Avenue, Papaya, and the Gulf of Mexico. The
mcc10a99 7 10/07/99
developer controls 73% of the candidate redevelopment area and has made bona fide offers
to purchase all parcels within the boundaries.
The requested assistance is for: Phase 1) City would participate in the cost of
revitalization /redevelopment and provide other assistance. City participation costs would be
paid back in 12 annual payments, the first 2 equal to 5% each of the City’s investment and the
remainder equal to 9% each, less the amount of real estate taxes paid by the project each
year to the City and Phase 2) City could be requested to assemble parcels, perhaps through
eminent domain proceedings, and convey the parcels to the developer. The City and
developer would negotiate the amount to be paid by each party with the amount paid by the
City to be paid back in the same fashion as Phase 1.
The project will have at least 150 dwelling units in 2 residential buildings with heights
not to exceed 150 feet. A potential for retail and restaurant uses on Mandalay Avenue exists.
Charles Siemon, of Siemon and Larsen, said JMC Communities of Clearwater III, Inc.
controls all land in the southern 2 blocks of the area designated by Ordinance 6410-99 except
for parcels fronting North Mandalay Avenue. The developer seeks City assistance to revitalize
and redevelop these parcels. He said the City always has identified these 2 blocks for priority
redevelopment efforts. He said this opportunity for catalytic development will trigger other
revitalization activities along the corridor. The developer proposes to work with parcel owners
to revitalize their properties in a manner consistent with City redevelopment plans. The
developer is willing to make these efforts over an extended period. If these actions do not
work, the developer will request further help and may seek eminent domain action. The
development agreement also contemplates certain streetscaping improvements to Papaya,
San Marco, and North Mandalay, which are consistent with the preliminary design of the City's
strategic development plan.
Ed Armstrong, JMC Communities representative, reviewed the developer's history and
previous developments. He discussed plans for a pedestrian-oriented development with a
family-friendly village atmosphere featuring residences, shops, restaurants, and an extensive
amenity package with a beach club, pool, cabanas, fitness center, underground parking,
concierge, etc. The 157 residential units will be in two 13-story buildings with 2 levels of
parking. The structures' narrow profile will provide open vistas from Mandalay Avenue.
Vehicle access will be on side streets. He said this request does not obligate the City to
expend funds. The developer requests vacation of the Gulfview right-of-way, completion of
San Marco and Papaya streetscaping by January 1, 2002, and North Mandalay streetscaping
by January 1, 2004, to include a landscaped median and sidewalks on the west side at least
10 feet wide. In response to a question, Mr. Armstrong said the developer owns all land
abutting the requested right-of-way vacation. The agreement contains no cap and no
commitment.
Seven residents spoke in opposition to the proposed agreement and two spoke in
support. Concern was expressed that Mandalay Avenue not be narrowed. In response to a
concern, Mr. Siemon said the developer is not requesting any title claim to the beach seaward
of the subject property.
mcc10a99 8 10/07/99
In response to a question, Assistant City Manager Bob Keller said the Commission will
consider each step before implementation. In response to a question, Mr. Siemon said the
code allows structures to be as tall as 150 feet if rights are transferred from other areas and
densities do not increase. In response to a question, Public Works Administrator Rich Baier
said the proposed development would not affect Mandalay Avenue's level of service. Mr.
Siemon said if not for this development, no improvements to Mandalay Avenue would occur for
at least 5 years. In response to a question, the City Attorney said density related to the subject
property will not change. The City's right to use the beach in front of the subject property does
not lapse.
Concern was expressed 6 pages of agreement revisions had been distributed to the
City Commission this afternoon. The City Attorney said revisions reflect Commission direction
during Monday's Work Session. In response to a question, Planning Director Ralph Stone said
the towers must meet code and be at least 100 feet apart. Mr. Armstrong said the
development complies with all other code requirements. In response to a question regarding
the quit claim issue, Mr. Armstrong reviewed the protracted litigation settled in 1989, which
created certain use rights for the public and property owners. The developer is not requesting
amendment nor modification to that agreement. The City Attorney said the developer cannot
exclude the public from the beach seaward of the subject property.
It was felt the proposed partnership agreements provide an opportunity for property
owners on Mandalay Avenue to improve the value and worth of their property while retaining
ownership. Opposition to the use of eminent domain for this type of development was
expressed. In response to a question, Mr. Siemon said if the petitioner is unable to eliminate
negative aspects on Mandalay Avenue, he may request the use of eminent domain if the
Commission agrees that action is necessary to serve the public purpose. No commitment to
that action is requested today.
In response to a question, the City Attorney said the development rights for 7 units
were transferred from the Meridian on Sand Key to a City property and from the City property
to this development. Mr. Siemon said such a transfer is permitted. He said he had authored
the limit to transfer development rights to one mile or less was an error as he had not realized
that limitation would exclude a portion of the City’s barrier islands. He recommended those
limits be expanded. Concern was expressed the procedure had not allowed adequate time for
public comment. In response to a question, the City Attorney said development to the north of
the subject property would be limited to 62 dwelling units or 84 hotel/motel units. In response
to a question, Mr. Armstrong estimated the development will pay approximately $50,000 in
impact fees. In response to a question, Mr. Baier said streetscaping for Papaya and San
Marco will cost approximately $740,000.
The importance of enhancing the commercial corridor along Mandalay Avenue was
noted. In response to a question, the City Manager said the 2 options related to Mandalay
Avenue are based on community feedback to maintain 4 lanes of traffic. Mr. Siemon said the
proposed development will create demand for a parking garage beyond beach related traffic.
Opposition to the use of eminent domain was stated, although concern was expressed that
one party could stop the development. Allowing owner participation in Mandalay Avenue
redevelopment was supported. It was felt 4 weeks of public discussion should precede the
Commission’s vote.
mcc10a99 9 10/07/99
Commissioner Hooper moved to accept a petition by Mandalay Beach Club, Ltd., for
motion
land assembly and redevelopment assistance pursuant to Ordinance #6410-99. The
was duly seconded. Commissioners Johnson, Hooper, Hart, and Mayor Aungst voted “Aye”;
carried
Commissioner Clark voted “Nay.” Motion .
The Commission recessed from 9:23 to 9:34 p.m.
track improvements
ITEM #24 - Request for $25,000 contribution toward at Clearwater High
School
The City and Pinellas County School Board have shared facilities under a joint facility
agreement for many years. Occasionally, the City and School Board will partner in sharing
resources to construct capital improvement projects. Ed Wells is spearheading a community
group which is soliciting funds from private and community groups to install a state of the art
synthetic track surface at Clearwater High. The current tract was in a state of disrepair and
needed to be replaced.
The School Board has contributed approximately $170,000 to replace the track by
repairing subsurface drainage issues, removing hazardous concrete walks and walls, and
providing a porous asphalt surface that can be converted to the synthetic track surface. Of the
approximate $270,000 cost of the synthetic track surface, $135,000 has been raised from the
community. Fund raising efforts are underway to obtain the remainder. Mr. Wells has
requested the city contribute $25,000. Several local groups and individuals use the track daily
under the joint utilization agreement.
The proposed surface will allow for AAU sponsored races, masters races, intramural
races, and district and state high school meets. The professional surfacing will attract
prestigious races and provide a professional track for Clearwater citizens.
Ed Wells said the 1992 AAU meet had generated $13-million for the community.
Commissioner Clark moved to approve a $25,000 contribution toward track
motion
improvements at Clearwater High School. The was duly seconded. Commissioners
Johnson, Clark, Hooper, and Mayor Aungst voted “Aye”; Commissioner Hart voted “Nay.”
carried
Motion .
One resident spoke in support of the measure.
Concern was expressed the City is setting a precedent by funding a school need. It
was noted most Parks & Recreation Department needs for gymnasiums are met by school
facilities. The City has a contract with Clearwater High to use the track.
Res. #99-43
ITEM #25 - - authorizing establishment of regional stormwater treatment facility
and service district within downtown Clearwater, for treatment and attenuation of stormwater
and compliance with State and Local Environmental Regulations, to be managed by the
PW
Engineering Department ()
mcc10a99 10 10/07/99
In December 1998, the City Commission approved development of the Town Pond
project. The new Community Development Code allows water quality treatment requirements
for site development to be waived if the entire property is within a Commission-approved,
designated regional retention district.
This resolution creates a 220-acre, regional stormwater treatment facility and service
district bounded approximately by Drew Street, Ft. Harrison Avenue, Court Street, and Missouri
Avenue. The project can serve as the regional, water quality treatment facility for all nearby
development should developers take advantage of the facility. This resolution also establishes
a fee schedule with waiver options for developer participation. Participation will be optional.
Non-participating developments are required to comply fully with all local and State
environmental regulations.
PSTA (Pinellas Suncoast Transit Authority) has requested use of this facility when
developing their site at the corner of Ft. Harrison Avenue and Park Street. The regional
retention district must be established before staff can consider this request.
In response to a question, Mr. Baier said flooding problems on Chestnut Street need to
be addressed separately because Chestnut Street properties are in a different basin. He
suggested the City could consider constructing another pond to meet the needs of other
Downtown drainage basins. SWFWMD (Southwest Florida Water Management District) has
approved the Town Pond. One resident spoke in favor of the proposal.
Commissioner Hooper moved to authorize the establishment of a regional stormwater
treatment facility and service district within Downtown Clearwater, for the treatment and
attenuation of stormwater and compliance with State and local environmental regulations to be
managed by the Engineering Department and that the appropriate officials be authorized to
motion carried
execute same. The was duly seconded and unanimously.
The City Attorney presented Resolution #99-43 and read it by title only. Commissioner
Clark moved to pass and adopt Resolution #99-43 and authorize the appropriate officials to
execute same. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Johnson, Clark, Hooper, Hart and Aungst.
"Nays": None.
PLD
ITEM #26 - Enclave Annexation Program ()
In his September 13, 1999, memorandum, Planning & Development Services
Administrator John Asmar reviewed a Special Act approved during the 1998 legislative session
that addresses some local enclave issues. The Act allows involuntary annexations in Pinellas
County between July 1, 1999, and June 30, 2001. Affected enclaves must have existed
before July 1, 1999, be smaller than one acre, and be surrounded by one municipality. Staff
has identified 146 enclaves that meet the Act’s requirements. While most are single family
parcels, 17 enclaves have nonresidential uses and one has a duplex.
mcc10a99 11 10/07/99
Municipal obligations in the Act: 1) City has a defined planning area in accordance with
Florida statutes; 2) City can provide urban services to the enclaves in a timely manner; and 3)
City pays construction costs related to utility extensions. The City meets requirement #1
through a 1992 interlocal agreement with Pinellas County. Regarding #2, either the City or
County already provides potable water service to each enclave. While sewer service to 52
enclaves is lacking, staff indicates they can be served in a timely manner. Regarding #3, the
Legal Department has determined construction costs must include the sewer impact fee for all
structures. The Public Works Department estimated impact fees at $900 per single family
home. Extending sewer service to the 146 enclaves will cost an estimated $950,000 to $1.1-
million. Service contracts to design the extensions and manage the annexation process are
estimated to cost $253,822 for engineering and $58,796 for planning. Total costs to extend
utilities to the subject enclaves are estimated to cost between $1,265,000 and $1.4-million.
A fiscal analysis comparing financial benefits with associated costs estimate new
sources of annual revenues: 1)$54,520 – new ad valorem taxes; 2) $22,444 – franchise fees;
and 3) $44,540 – new utility fees. If all 146 enclaves are annexed, related revenues are
estimated at $121,504 annually. The City can recover the subject utility extension costs within
8 to 11 years. Staff feels this payback schedule is reasonable, noting intangible benefits
include improved ability to consider the City’s entire planning area, improved groundwater
quality due to elimination of septic tanks, increased neighborhood cohesiveness, and improved
delivery of City services.
Staff recommends initiating and pursuing the enclave annexation program immediately.
AND
for engineering & planning services for Enclave
ITEM #27 - Work Order to Wade-Trim
Annexation ProgramPLD
, $314,586.96 ()
Staff recommends pursuing the involuntary annexation of approximately 146 enclaves
pursuant to the Special Act approved by the Florida Legislature in 1998. Staff prepared a
fiscal analysis comparing the estimated cost of utility extension with new revenues and
determined annexation of the subject enclaves to be fiscally sound.
Staff recommends hiring an engineering/planning firm to design the utility extensions,
coordinate the scheduling of sewer utility extensions with specific annexation date(s), prepare
an evaluation of the subject enclaves to insure compliance with the Special Act, and to
develop an information program that provides process information, schedules, and benefits of
annexation to the public.
Due to the June 30, 2001 deadline and specialized nature of the project, staff
recommends use of an outside firm. Staff evaluated five pre-qualified engineering firms of
record and selected Wade-Trim as the most qualified. The selection of a single firm to provide
both planning and engineering services is necessary due to the synergistic nature of the
project and the importance of coordinating annexation dates with City-provided sewer
improvements for subject property owners.
Five people spoke in opposition to the enclave annexation program.
mcc10a99 12 10/07/99
It was felt a format that allows more public discussion is needed. Assistant Planning
Director Cyndi Hardin said preliminary work must be done now to complete the process before
the June 2001 deadline and the proposed contract includes an extensive public information
program. The City wants to be able to serve properties at the time of annexation. It was noted
Largo and Dunedin already have acted on this issue. It was noted taxes and fees will increase
$170 annually for the average property. Ms. Hardin noted enclaves who currently receive City
water will no longer be charged the 25% surcharge and may end up saving money. In
response to a question, she said project funding will come from the sewer fund. Concern was
expressed that City sewer fees not be increased to cover these costs. It was noted enclave
residents receive free City streetlights, stormwater treatment, road maintenance, and curbs.
Concern was expressed that owners of subject enclave properties will not be charged
for sewer extension costs and impact fees. Property owners will be responsible for the cost to
connect to the sewer line. The law indicates those without valid operating septic systems must
hook up to the City’s sewer. Ms. Hardin said the Pinellas County Health Department could
identify only 16 septic tank permits for the 146 properties. She said septic tanks can be
responsible for potential environmental problems. It was recommended owners of properties
without valid operating septic systems be required to pay all annexation related costs.
Planning & Development Services Administrator John Asmar said protection of the
environment is paramount. Staff feels properties without operating septic systems infringe on
the property rights of other owners of property in the water shed. It was requested staff report
if this project causes financial difficulties for any property owner. Ms. Hardin said Wade Trim
will confirm septic system permits and contact affected property owners regarding options to
obtain one. Mr. Asmar said this request is to plan and design the project. Concern was
expressed the City is spending $314,586 on a project which might not go forward. Mr. Asmar
said several public hearings will be held. It was felt it is time to rid the area of septic tanks,
which pollute the community’s water table.
Commissioner Clark moved to approve the Work Order with Wade-Trim in the amount
of $314,586.96 to provide engineering and planning services for the Enclave Annexation
motion
program. The was duly seconded. Commissioners Johnson and Clark and Mayor
carried
Aungst voted “Aye”; Commissioner Hooper and Hart voted “Nay.” Motion .
SEE 11/4/99 - #35a
CLK
ITEM #28 - Airport Authority - 1 appointment ()
motion
Commissioner Johnson moved to appoint Brenda Harris Nixon. The was duly
carried
seconded and unanimously.
CLK
ITEM #29 - Municipal Code Enforcement Board - 2 appointments ()
motion
Commissioner Clark moved to reappoint Franke Huffman and Sheila Cole. The
carried
was duly seconded and unanimously.
ITEM #30 - Other Pending Matters - None.
CITY ATTORNEY REPORTS
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ITEM #31 - Other City Attorney Items - None.
ITEM #32 - City Manager Verbal Reports – None.
ITEM #33 - Commission Discussion Items
a)
City Manager Evaluation
Commissioner Hart recommended the evaluation process be a more formalized
process and requested changes to the process be discussed as a future agenda item. He
expressed support for the City Manager with reference to his significant list of
accomplishments and positive changes in the community. The City Manager’s vision, energy,
and creativity are well appreciated. Concern was expressed regarding the City Manager’s lack
of detail, his difficulty in following procedures, and lack of candor. Concern was expressed this
type of leadership results in the City Commission making poor decisions with little discussion or
public debate. It was recommended decisions be scheduled after adequate time for analysis
and public debate has occurred.
Commissioner Johnson stated in the past year, the City Manager has demonstrated his
ability to promote his projects through town meetings and neighborhood charettes. Concern
was expressed no projects have been completed. The Commissioner listed incidents that
have caused him great concern. He felt the City Manager lacks candor and requests City
Commission approval of items without providing adequate background information. Although
the City Manager has apologized for mistakes, concern was expressed poor decisions
continue. Commissioner Johnson recommended the City Manager slow down and survey
progress before considering new projects. A rating of satisfactory to poor relates to the City
Manager’s communication skills, attitude, and judgment.
Commissioner Hooper noted the City Manager had worked hard to accomplish the City
Commission’s vision when he first arrived. Commissioner Hooper noted a large number of
projects were undertaken to meet the vision and he felt the City Manager works too hard and
paces himself faster than staff, the City Commission, or citizens can maintain. It was noted
past errors in judgment cannot be changed. A noticeable difference has occurred since the
City Commission addressed concerns regarding the City Manager's interaction with staff and
timely distribution of necessary information. It was felt the City Manager had redefined the
position in a positive way. He was complimented for hiring a professional staff. It was
recommended the City Manager learn from mistakes.
Commissioner Clark indicated many citizens had forwarded communication related to
the City Manager expressing either praise or criticism. He noted the results of the City
Manager’s efforts to kick start the community are evident Citywide. Commissioner Clark
expressed the paramount importance of public trust in government. He expressed deep
concern regarding past problems and the appearance of smoke and mirrors during the last
budget process. He also expressed concern regarding the stability of staff considering major
personnel changes that occurred in the last year. He recommended the City Manager
demonstrate more candor and concentrate on his job to revitalize all areas of the City.
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Mayor Aungst agreed a more formal evaluation should be developed that is based on
quantitative items and lists expected achievements, desired improvements, etc. He agreed
there had been problems in the past year but felt the City Manager had followed Commission
direction and now spends more time with staff. He stated the City Commission needs to
communicate what they expect of the City Manager and how things should be done. He
expressed absolute trust in the City Manager. Mayor Aungst felt many projects are complete
or near completion and that the City Manager has acted to accomplish City Commission
direction. He commended the City Manager's accomplishments. He felt the City Manager is
responsible for the City’s dynamic move forward. The Mayor stated while the City Manager
has made some mistakes, citizen letters overwhelmingly support the City Manager.
b)
City Attorney Evaluation
Commissioner Clark complimented the City Attorney regarding her oversight of several
complex development agreements and the process of developing a new Community
Development Code. He praised the City Attorney for her professional legal team and
recommended the team’s compensation package be improved to reflect the value the public
receives from their efforts. He noted the City Attorney has demonstrated wisdom in selecting
outside counsel when necessary and saving the City taxpayers money. A large thank-you for
a job well done was given.
Commissioner Hooper complimented the conservative nature of the City Attorney’s
advice and said her communication of important issues to the City Commission is appreciated.
He said the Legal Department’s staff is responsive and the outside counsel chosen by the City
Attorney are gifted and talented specialists. The City Attorney was thanked for her good work.
Commissioner Johnson felt the City is fortunate to have Pam Akin as its City Attorney.
He said the City Attorney had grown in stature and is one of the State’s outstanding City
Attorneys. He complimented the City Attorney for her intelligence and wisdom and for heading
an excellent department. He noted the City Attorney is always available to the Commission for
assistance, is knowledgeable and has done an excellent job. He said the City Attorney is
highly respected by her peers.
Commissioner Hart praised the City Attorney for her professionalism, knowledge, and
conservative nature and noted the City Attorney provides a great deal of information to him
during weekly meetings. He recommended the City Attorney be more assertive when
presenting her position to the City Commission. He requested the City Attorney advise the
Commission if important questions have not been asked. The City Attorney’s assistance in the
decision making process was complimented as was her fine representation of the City and City
Commission.
Mayor Aungst indicated the City Attorney has provided the Commission a better
understanding of what it can and cannot do and suggested the City Attorney be more
aggressive when addressing actions the City Commission cannot take. Improved
communications between the Legal Department and City Manager Office were noted.
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In response to a question, City Clerk Cyndie Goudeau said the evaluation process will
be scheduled for discussion during the November 15, 1999, Work Session, when City
Commission policies and procedures are scheduled for discussion.
ITEM #34 - Other Commission Action
Commissioner Hart said the public must be informed and involved in the decision
making process.
Commissioner Hart requested a public update of the mangrove issue on Memorial
Causeway.
Commissioner Hart referred to the recent City closing due to a tropical storm that
changed direction, and questioned once a threat disappears if a skeleton crew could answer
inquiries.
Commissioner Johnson and Mayor Aungst thanked citizens for attending and
participating in tonight’s meeting.
Commissioners Hooper and Clark said the “Make a Wish” fishing tournament held last
weekend at Pier 60 was a success with more than 1,000 people in attendance. Mayor Aungst
apologized for not being able to attend.
Commissioner Hooper and Mayor Aungst reminded this weekend’s Jazz Holiday
attendees to use the free ferry service leaving every 15 minutes from Downtown as beach
parking will be limited and expensive.
Commissioner Clark invited citizens to also attend next week’s Jazz Holiday venues at
Coachman Park.
Commissioner Clark invited residents to the Harborview Center on October 23, 1999,
for a charette regarding bluff development.
Commissioner Clark said arts & craft exhibits Downtown during the last 2 weekends
helped bring the City alive.
Mayor Aungst apologized for losing his temper following accusations he felt were
unjustified.
ITEM #35 - Adjournment
The meeting adjourned at 11:05 p.m.
______________________________________
Mayor/Commissioner
ATTEST:__________________________________
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City Clerk
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