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11/04/1999CITY COMMISSION MEETING CITY OF CLEARWATER November 4, 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 Sullivan Board Reporter The Mayor called the meeting to order at 6:00 p.m. at City Hall. Commissioner Hart offered the invocation. Boy Scout Troop 487 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 – None. ITEM #4 - Introductions and Awards Proclamations: Chemistry Week – November 7 - 13, 1999 French Week – November 4 – 10, 1999 Shriners Hospital Benefit Days – November 12 & 13, 1999 ITEM #5 – Presentations Clearwater Marine Aquarium Clearwater Marine Aquarium Executive Director Dennis Kellenberger presented a plaque to the Commission in appreciation for City support. FNGA Marketing Award Clearwater Gas System Managing Director Chuck Warrington presented the FNGA (Florida National Gas Association) award to Tamijo Watson for being recognized as the top marketing person in the State. ITEM #6 - Approval of Minutes Commissioner Hooper moved to approve the minutes of the regular meeting of October 21, 1999, as recorded and submitted in written summation by the City Clerk to each Commissioner. The motion was duly seconded and carried unanimously. City Manager Statement The City Manager referred to the support he has received from citizens, business leaders, and employees to continue working toward his One City. One Future. goals. He apologized for not communicating his intentions more clearly. He welcomed the opportunity to remain Clearwater’s City Manager and looked forward to future redevelopment efforts. He felt his resignation at this time would not serve the City’s best interests. The City Manager said he has the desire, dedication, and energy to help Clearwater realize its bright future. ITEM #7 - Citizens to be heard re items not on the Agenda Jack Alvord invited residents to attend the Historic Bayview Street Party on November 20, 1999. Roy Cadwell reviewed his souvenir booklet and spoke against charging for sewer and solid waste services when residents are out of town. Ed Barceloni opposed the level of spending on City projects, the roundabout, widening sidewalks, and eminent domain authority. Judy Melges reported the Task Force has ranked sites for the new main library. She requested the extra $12-million in Penny for Pinellas funds be reallocated to the new library. Anne Garris referred to the City Charter and requested a legal description of the Bayfront and bluff and questioned Commission intentions for future development. The information will be provided. Joe Evich recommended the extra Penny for Pinellas funds be used to construct a fire station on Sand Key. Tom Nuccera recommended designating a Liberty Tree for the new Millennium. PUBLIC HEARINGS ITEM #8 - (Cont’d from 10/21/99) Public Hearing & First Reading Ords. #6459-99 & #6460-99 - Land Use Plan Amendment to Commercial General & Commercial Zoning for property located at 2561 Nursery Rd., part of Sec. 19-29-16, M&B 44.05 (Sandy Buettner)(PLD) In his November 4, 1999 letter, Brad Messick of Re/Max Realty as representative for Sandy Buettner, withdrew the subject rezoning application. Public Hearing - Second Reading Ordinances ITEM #9 - Ord. #6450-99 - Annexation for property located at 2838 S.R.590, Virginia Grove Terrace, 5th Addition, Blk D, Lot 11 (Marie Seiter) The City Attorney presented Ordinance #6450-99 for second reading and read it by title only. Commissioner Clark moved to pass and adopt Ordinance #6450-99 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. ITEM #10 - Ord. #6451-99 - Land Use Plan Amendment to Residential Low for property located at 2838 S.R.590, Virginia Grove Terrace, 5th Addition, Blk D, Lot 11 (Marie Seiter) The City Attorney presented Ordinance #6451-99 for second reading and read it by title only. Commissioner Hooper moved to pass and adopt Ordinance #6451-99 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. ITEM #11 - Ord. #6452-99 - LMDR Zoning for property located at 2838 S.R.590, Virginia Grove Terrace, 5th Addition, Blk D, Lot 11 (Marie Seiter) The City Attorney presented Ordinance #6452-99 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #6452-99 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. ITEM #12 - Ord. #6453-99 - Annexation for property located at 1426 Sunset Point Rd., Sunset Highlands Unit 2, Lot 5 (Townsend Constructors, Inc.) The City Attorney presented Ordinance #6453-99 for second reading and read it by title only. Commissioner Hart moved to pass and adopt Ordinance #6453-99 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. ITEM #13 - Ord. #6454 - Land Use Plan Amendment to Residential Urban for property located at 1426 Sunset Point Rd., Sunset Highlands Unit 2, Lot 5 (Townsend Constructors, Inc.) The City Attorney presented Ordinance #6454-99 for second reading and read it by title only. Commissioner Hooper moved to pass and adopt Ordinance #6454-99 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. ITEM #14 - Ord. #6455-99 - LMDR Zoning for property located at 1426 Sunset Point Rd., Sunset Highlands Unit 2, Lot 5 (Townsend Constructors, Inc.) The City Attorney presented Ordinance #6455-99 for second reading and read it by title only. Commissioner Clark moved to pass and adopt Ordinance #6455-99 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. ITEM #15 - Ord. #6461-99 - Vacating 16' alley lying north of Drew Street and between Ft. Harrison Ave. & Osceola Ave., and City's recommended vacation of contiguous 16' by 30' utility easement, subject to applicant agreeing to accept ownership of sanitary sewer facilities existing in said alley and easement (Church of Scientology, V99-11) The City Attorney presented Ordinance #6461-99 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #6461-99 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. ITEM #16 - Ord. #6462-99 - Amending various code sections relating to Courtney Campbell Causeway Recreation Area The City Attorney presented Ordinance #6462-99 for second reading and read it by title only. Commissioner Hart moved to pass and adopt Ordinance #6462-99 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. ITEM #17 - Ord. #6466-99 - Amending Appendix A of Clearwater Code of Ordinances by reducing application fee (from $365 to $100) for appeals to the Community Development Board A concern was expressed that the reduction is excessive. The City Attorney presented Ordinance #6466-99 for second reading and read it by title only. Commissioner Clark moved to pass and adopt Ordinance #6466-99 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Clark, Hooper, Hart and Aungst. "Nays": Johnson. Motion carried. CITY MANAGER REPORTS CONSENT AGENDA (Items #18-20) – Approved as submitted ITEM #18 - Approval of Purchases per 10/15/99 memorandum City of Largo, materials suitable for recycling, 11/5/99-11/30/2000, estimated $110,000 (SW) City of Dunedin, materials suitable for recycling, 11/5/99-11/30/2000, estimated $70,000 (SW) Florida Crushed Stone Company, bulk cement, 11/8/99-11/30/2002, estimated $42,000 (PW) Office Depot - Business Services Division, copy & computer paper, 11/5/99-11/30/2000, estimated $75,000 (FN) M.T. Deason Company, Inc., 2nd & Final extension, black PE pipe & fittings, 12/1/99-11/30/2000, estimated $130,000 (GAS) Nichols Machine Works, overhaul of 3 Hoffman blowers used in WPC facilities, $28,935 (PW) Kennedy Valve, Division of McWane, 1st of 2 renewals, fire hydrants & fittings used throughout water system, 11/5/99-11/30/2000, estimated $35,000 (PW) Spartan Oil Company, Inc., 1st of 2 renewals, fuels for resale at marina, 1/1/2000-12/31/2000, estimated $1,000,000 (QOL) Mailrite Inc., mail processing, package pick-up & delivery, and other messenger services used by all departments, 11/8/99-11/30/2000, estimated $60,000 (IT) ITEM #19 - Authorize City Manager to sign a $500,000 Loan Fund Agreement and Work Plan for Clearwater Brownfields Cleanup Revolving Loan Fund ("The Clearwater Cleanup Fund") from the United States Environmental Protection Agency (ED) ITEM #20 - Approve Final Plat for Druid Oaks Subdivision located approximately 1200' west of US19, lying along north side of Druid Road (PW) Commissioner Johnson 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 #21 - Update regarding Beach Entryway (Roundabout) Project (CM) Transportation and Drainage Director Gary Johnson reported traffic will travel on the circular portion of the Roundabout next week as traffic is detoured off Mandalay. An official grand opening of the Roundabout will be scheduled. Approaching lanes have been striped and are wider than lanes on Drew Street and Ft. Harrison Avenue. The pedestrian bridge under Bridge 43 nears completion. Amenities are being installed. In response to a question, Mr. Johnson said Mandalay Avenue will be closed less than 2 weeks. The entire project will be completed in December. ITEM #22 - Contract to construct Clearwater Beach Family Aquatics Center to Oakhurst Construction Company Inc., $795,300; approve subsequent change order deduct of $89,088, for net $706,212 (PR) In FY (fiscal year) 1998/99, the City Commission approved a first quarter amendment to increase funding for a family aquatics center on Clearwater beach, on the southeast corner of Bay Esplanade and Mandalay Avenue, south of the tennis courts. The aquatic facility will feature 6-traditional swim lanes and mini-water park amenities. The project’s design and scope were determined after citizen input at several public meetings. Amenities will be provided for family members of all ages. This contract covers construction of the pool, restrooms, offices, fencing, labor to install water park amenities, and other site work. The City will provide irrigation, landscaping, site lighting, and water park amenities to include drop and frog slides, rain drop and lemon drop sprays, and a telebrella. The $795,300 bid includes a 10% contingency. Staff recommends engineering out $89,088, including items and a contingency reduction to 4%, and reducing the contract amount to $706,212. None of the subject items will impact adversely on the facility’s design nor function. The project’s financial summary: base bid of $795,300, reduced by value engineering of $89,088, increased by water park amenities at $50,000, for a total project cost of $756,212. The City had budgeted $760,182 for the project, a difference of $3,970. A resident questioned the need for a swimming pool on the beach. The City Manager said the pool will serve beach and Island Estates residents as well as guests of smaller beach motels. Commissioner Hooper moved to award a contract to construct the Clearwater Beach Family Aquatics Center (bid #99-0060-PR) to Oakhurst Construction Company, Inc., of Seminole, Florida, for $795,300, and approve a subsequent change order deduct in the amount of $89,088, for a net contract amount of $706,212, and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #23 - Authorization to settle entire workers' compensation claim of John Smith, including medical, indemnity, & attorney fee, for $186,385 (FN) Claimant John Smith, a former police officer, sustained multiple work-related bilateral knee injuries during his employment with the City. The last injury, on December 15, 1993, entitled him to Workers’ Compensation indemnity and medical benefits. The claimant subsequently was terminated for cause and does not receive a disability pension. The claimant has had 7 knee surgeries involving both knees, including a total right knee replacement. Soon, the claimant will have a total left knee replacement. The claimant has a pending claim for permanent total disability benefits. If accepted, future indemnity payments are anticipated to exceed $1.1-million and future medical costs are estimated at $150,000. On October 7, 1999, the claim went to mediation. The claimant agreed to settle his entire workers’ compensation claim, including attorney fees, subject to City Commission approval, for $174,000, and waiver of the City’s workers’ compensation $12,385 lien, for a total settlement of $186,385. The City’s Claim Committee, outside counsel Mark Hungate, and Risk Management recommends settlement. Commissioner Johnson moved to authorize settlement of the entire workers’ compensation claim, including medical, indemnity, and attorney fee of claimant John Smith in the amount of $186,385, and that the appropriate officials be authorized to execute same. The motion was duly seconded In response to a question, the City Attorney said Mr. Smith had withdrawn his pension funds while he still qualified to apply for disability benefits. Upon the vote being taken, Commissioners Johnson, Clark, Hart, and Mayor Aungst voted “Aye”; Commissioner Hooper voted “Nay.” Motion carried. ITEM #24 - Res. #99-47 - Providing for sale of not to exceed $7.5 million Stormwater Revenue Bonds, Series 1999 (FN) Over the next few years, staff anticipates funding a portion of stormwater projects included in the Capital Improvement budget through the issuance of bonds. On April 15, 1999, the City Commission approved Ordinance 6378-99, authorizing Stormwater Revenue Bonds, not to exceed $30-million. This resolution provides for the issuance of bonds not to exceed $7.5-million in 1999 to finance the initial portion of these projects. On November 5, 1998, the City Commission adopted reimbursement Resolution 98-52 to allow the expenditure of funds prior to issuance of the bonds. Due to legal considerations, the City validated these bonds through the courts. On August 24, 1999, a final judgment was entered that favored the City’s issuance of these bonds. This resolution authorizes the City Manager and Financial Services Administrator to award the sale of these bonds. Commissioner Clark moved to approve the sale of not to exceed $7.5-million Stormwater Revenue Bonds, and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The City Attorney presented Resolution #99-47 and read it by title only. Commissioner Hooper moved to pass and adopt Resolution #99-47 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper and Aungst. "Nays": None. ITEM #25 - Approve Revised Agreement for Professional Services for 5 Architects-of-Record: Bitterli & Associates Architects, Inc.; Fowler Associates Architects, Inc.; Harvard Jolly Clees Toppe Architects, Inc.; Myers Plisko Architects, P.A.; and Rosier/Jones Associates, Inc. (PW) In June 1999, the City Commission approved an Agreement for Professional Services for 5 architects-of-record that required Commission approval of all work orders greater than $25,000. In October 1999, the City Commission approved an amendment to the engineer-of-record agreements, which increased the Commission approval threshold to $100,000. This revised agreement sets the Commission approval threshold for architect work orders also at $100,000. The “Public Entity Crimes” and “Drug Free Workplace” clauses have been removed from this revised agreement, as Purchasing no longer requires them. Commissioner Hart moved to approve the revised Agreement for Professional Services for 5 Architects-of-Record: Bitterli & Associates Architects, Inc.; Fowler Associates Architects, Inc.; Harvard Jolly Clees Toppe Architects, Inc.; Myers Plisko Architects, P.A.; and Rosier/Jones Associates, Inc., and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #26 - Contract for 1999 Street Resurfacing to Overstreet Paving Company, for $616,115.50 (PW) The City’s annual street resurfacing program restores roadway wearing surfaces, provides protective coatings, and maintains the integrity of City road substructures. The effort requires utility adjustments, asphalt milling and patching, and curb, street, and drainage work. Staff determined the resurfacing schedule. Street rankings are based on type and extent of cracking, ride quality, depth and extent of rutting, and severity of raveling. The contract is limited in size by annual funding. A pre-construction conference will follow execution of contract documents. Commissioner Johnson moved to award a contract for the 1999 Street Resurfacing contract (99-0017-EN) to Overstreet Paving Company of Largo, Florida for the sum of $616,115.50, which is the lowest responsible bid received in accordance with the plans and specifications, and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #27 -First Reading Ord. #6442-99 - Relating to Building and Development Regulations; amending Appendix A, Schedule of Fees, Rates and Charges, relating to Sec. 47.084(4) (PLD) AND ITEM #28 -First Reading Ord. #6436-99 - Relating to Occupational License Fees; amending Appendix A, Schedule of Fees and amending administrative fee charges (PLD) AND ITEM #29 - Approve Four Full Time Equivalent Positions for Planning & Development Services Administration associated with increased services & fees, annual cost of $104,600 (PLD) By request of staff, Items #27, #28, and #29 were deferred to a future meeting. ITEM #30 - Parks and Recreation Board - 1 appointment (CLK) Commissioner Clark moved to reappoint Lawrence Lindner. The motion was duly seconded. Jim Ficken requested support for his application. Upon the vote being taken, the motion carried unanimously. ITEM #31 - Other Pending Matters – None. CITY ATTORNEY REPORTS ITEM #32 - Res. #99-49 - Declaring support for the Pinellas Trail as a designated millennium trail The City Attorney presented Resolution #99-49 and read it by title only. Commissioner Clark moved to pass and adopt Resolution #99-49 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Johnson, Clark, Hooper and Aungst. "Nays": None. ITEM #33 - Other City Attorney Items a) Authorize hiring someone to review e-mail issues Fourteen residents spoke in support of the City Manager, reviewing his accomplishments, offering advice, and stating newspaper coverage has been unfair. It was felt the City Commission and City staff should be above reproach in issues related to the Sunshine Law. It was stated no evidence has been presented indicating anyone subverted the law or sought personal gain. It was recommended the inquiry be handled internally. It was suggested the City request an opinion from the Attorney General’s Office if an issue exists and how the City should proceed. The City Attorney reported the Attorney General’s Office has expressed a willingness to issue opinions on specific issues but does not conduct these types of investigations. In response to a question, the City Attorney said questions include how to identify which e-mail documents must be retained under the Sunshine Law due to public record content. It was stated the matter needs to be reviewed to retain public trust and fully air related issues. Opposition to the City Attorney handling the review was expressed, as it would disrupt internal communication and collaboration. It was noted e-mail is such a new technology, few government entities have developed adequate direction to staffs. It was recommended the review have a defined scope and cost estimate, and not be open-ended. Support was expressed for improved procedures and policies. Discussion ensued regarding the backgrounds of potential candidates and City Attorney efforts to contact retired judges. In response to a question, the City Attorney estimated the appointee will charge at least $155 per hour. She could not estimate the amount of time necessary until the scope is defined. She recommended the City Commission authorize a maximum of $25,000 to include the services of a computer consultant, if necessary. She suggested the scope include a review of the public and private e-mail account use and recommendations for policies and procedures related to e-mail use. It was recommended the City obtain a written opinion from the Attorney General before making an appointment. The City Attorney recommended asking for guidance from the appointee. In response to a suggestion, the City Attorney recommended the appointee decide if sworn statements will be necessary. Before the review begins, she will ask the appointee to define the scope of the review and the type of product the City can expect. Consensus was to schedule a Special City Commission Meeting on Monday, November 8, 1999, at 1:00 p.m to take action to hire someone to do the review. Consensus was for the City Attorney to submit the names of additional candidates and to obtain an opinion from the Attorney General. The City Commission recessed from 7:47 to 8:07 p.m. ITEM #34 - City Manager Verbal Reports – None. ITEM #35 - Commission Discussion Items a) Rescind 10/7/99 action approving Wade-Trim Work Order for Enclave Annexation Study Staff had recommended pursuing the involuntary annexation of approximately 146 enclaves pursuant to the Special Act approved by the Florida Legislature in 1998. Staff had determined annexation of the subject enclaves to be fiscally sound. On October 7, 1999, the City Commission approved staff’s recommendation to hire Wade-Trim, 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. Commission members who had supported the action requested this issue be reconsidered. The City Manager suggested the project be divided into phases with an emphasis on voluntary annexation. Phase I would require no commitment to involuntary annexation. Phase I would identify the project’s scope before a series of public meetings can be scheduled. In response to a question, Assistant Planning Director Cyndi Hardin said the County does not prohibit septic tanks and residential septic tanks are not tested annually. Phase I would evaluate public records related to septic tanks and look for violations to identify environmental issues of concern. The approved $314,586 work order included all planning work related to the annexation process, design, engineering, and documentation necessary to request bids. She recommended the scope be limited to evaluation of the septic tank issue and review of each subject property to identify related negatives and positives. Following the evaluation, facts will be available for discussion in public meetings. The subject property owners will be contacted and invited. She estimated Phase I would cost no more than $25,000 and take no longer than 4 weeks. She said staff could gather information and return to the City Commission with results in January. The City could still meet the State’s deadline of June 30, 2001. One resident opposed involuntary annexation. Commissioner Hooper moved to rescind action taken October 7, 1999, to approve the $314,586 Wade-Trim Work Order to study enclave annexation. The motion was duly seconded and carried unanimously. Commissioner Johnson moved to approve a Wade-Trim Work Order, not to exceed $25,000, for amended Phase I regarding enclave annexation. The motion was duly seconded. In response to a question, Planning Director Ralph Stone said staff’s intent is to encourage voluntary annexation. Information was requested regarding affected property owners who cannot afford related costs. Upon the vote being taken, the motion carried unanimously. b) Procedure for reviewing Penny for Pinellas Project List It was recommended public meetings be scheduled and advertised to discuss this issue. It was recommended Commission members forward suggestions and recommendations to the City Manager. Budget Director Tina Wilson suggested the issue be addressed during the budget process as the funds will not be available for several years. It was recommended the City Commission select a site for the new main library this year. Staff must review replies to the Requests for Proposals/Qualifications regarding Downtown redevelopment and construction of the Town pond. The City Manager estimated a full analysis of bids and recommended sites for the library cannot be completed before January. The City Manager will acquire public input regarding these issues in December for City Commission discussion in January. Exact figures were requested. Public meetings will be scheduled. ITEM #36 - Other Commission Action Commissioner Johnson questioned City participation in the Festival of Trees. The Library will provide the City tree. Commissioner Johnson said he was anxious for the City and City Manager to move forward. Commissioner Hooper reported funds to retrofit mobile homes are available for a limited time. Commissioner Hooper indicated at this time, he has no interest in regulating delivery trucks on the beach. Consensus agreed. Commissioner Hooper and Mayor Aungst invited residents to attend Military Appreciation Day on November 6, 1999. Commissioner Clark congratulated the City Manager regarding the Yankees’ World Series win. Commissioner Clark reported PSTA (Pinellas Suncoast Transit Authority) will abandon efforts to rebuild its downtown terminal at the Park Street location. City Manager will contact the PSTA regarding future plans. As the City donated the Park Street property, staff will check if there is a reverter clause. Commissioner Clark indicated through an oversight, some of the fishing fleet do not have a required Federal fishing license and a license moratorium is in effect. Consensus was for Commissioner Clark to write Gulf Fisheries and support these license requests indicating they do not constitute an increase in fishing vessels. Mayor Aungst recommended additional charettes on Bayfront development be scheduled due to the success of the last charette. Mayor Aungst reported receiving significant community support for City progress. ITEM #37 - Adjournment The meeting adjourned at 9:15 p.m.