02/17/2000CITY COMMISSION MEETING
CITY OF CLEARWATER
February 17, 2000
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
Brenda Moses Board Reporter
The Mayor called the meeting to order at 6:00 p.m. at City Hall. Monsignor James Lara of St. Brendan’s Catholic Church 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 - None.
ITEM #4 - Introductions and Awards
a) Proclamation: Engineers Week - 2/20-27/00
ITEM #5 - Presentations
Fire Fighter of the Year
The Fire Fighter of the Year award was presented to Mark Smyth.
ITEM #6 - Approval of Minutes
Commissioner Johnson moved to approve the minutes of the regular meeting of February 3, 2000, as recorded and submitted in written summation by the City Clerk to each Commissioner.
The motion was duly seconded and carried unanimously.
ITEM #7 - Citizens to be heard re items not on the Agenda
Sheila Cole said redevelopment is creating a better quality of life for citizens. She thanked the Commission for their efforts.
Bill Justice, Lee Regulski, Jan Regulski, Anne Garris, Fred Thomas, John Tassanari, and Terry Sue Turner, expressed concern regarding the new Memorial Causeway bridge’s impact on the
waterfront view, the use of City funds for a State-owned bridge. Petitions were submitted.
Gabe Cazares expressed concern regarding the City’s affiliation with the Church of Scientology and the enormous amount of properties they own which affect the City’s tax base. He also
thanked Bob Minton for coming to Clearwater to oppose Scientology.
Tom Sehlhorst and John Tassanari expressed concern about problems with the new Land Development Code, the number of permits required to do business in the City, and the attendance and
competency of City employees.
Bill Jonson commended the Mayor for questioning the status of illegal billboards and felt the process is proceeding too slowly. He requested the City initiate the necessary steps to
remove the billboards.
Desmond Buzzel expressed concern about opposition to the new bridge. He encouraged the City to proceed with its construction, as costs will only increase.
The City Manager said no property taxes will be spent on the new bridge. It is being funded by a variety of sources including Federal, State, County, and Penny for Pinellas money from
the City. He said the City has held approximately 30 public meetings to obtain citizen input regarding the bridge.
PUBLIC HEARINGS
ITEM #8 - Public Hearing & First Reading Ords. #6495-00, #6496-00 & #6497-00 - Annexation, Land Use Plan Amendment to Commercial General & Commercial Zoning, 2238 & 2244 Drew St., Temple
Terrace Sub., First Addition, Blk D, Lots 24 & 25 (Dolores S. Day A00-01)(PLD)
The property owner has requested this annexation to receive water and sewer service. The property will have a land use plan designation of Commercial General and the proposed zoning
is Commercial (C). Upon annexation, a medical office building at the subject site and a parking lot on the west portion of the property will be expanded with a proposed 600 square foot
building addition to the existing structure.
Commissioner Hooper moved to approve the Petition for Annexation, Land Use Plan Amendment to Commercial General & Commercial Zoning, 2238 & 2244 Drew St., Temple Terrace Sub., First
Addition, Blk D, Lots 24 & 25. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #6495-00 for first reading and read it by title only. Commissioner Hooper moved to pass Ordinance #6495-00 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 #6496-00 for first reading and read it by title only. Commissioner Johnson moved to pass Ordinance #6496-00 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 #6497-00 for first reading and read it by title only. Commissioner Hooper moved to pass Ordinance #6497-00 on first reading. The motion was duly
seconded and upon roll call, the vote was:
“Ayes”: Johnson, Clark, Hooper, Hart, and Aungst.
“Nays”: None.
ITEM #9 - Public Hearing & First Reading Ords. #6504-00, #6508-00 & #6509-00 - Annexation, Land Use Plan Amendment to Commercial General & Commercial Zoning, 1939 Sunset Point Rd., Sec.
1-29-15, Pinellas Groves, part of Lot 3 (Daniel Silvie & Linda Pappas, A00-02)(PLD)
This is an applicant-initiated request for annexation for the south half of the property and a Land use Plan Amendment for the entire property to Commercial General (CG), and a zoning
change from Medium Density Residential (MDR) and County zoning to Commercial (C) on approximately a 0.82 acre site located at 1939 Sunset Point Road. The Community Development Board
endorsed the request.
Commissioner Johnson moved to approve the Petition for Annexation and Land Use Plan Amendment to Commercial General and Commercial Zoning for 1939 Sunset Point Road, Sec. 1-29-15, Pinellas
Groves, part of Lot 3. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #6504-00 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance #6504-00 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 #6508-00 for first reading and read it by title only. Commissioner Hart moved to pass Ordinance #6508-00 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 #6509-00 for first reading and read it by title only. Commissioner Johnson moved to pass Ordinance #6509-00 on first reading. The motion was
duly seconded and upon roll call, the vote was:
“Ayes”: Johnson, Clark, Hooper, Hart, and Aungst.
“Nays”: None.
ITEM #10 - Public Hearing & First Reading Ord. #6507-00 - Amending Community Development Code by amending Art. 8, Definitions and Rules of Construction, Sec. 8-102 by revising definition
of Assisted Living Facility and Congregate Care to reflect that 3.0 beds are equivalent to 1 dwelling unit (PLD)
Assisted living and congregate care facilities are considered residential equivalent uses. When determining maximum development potential for these uses, the Code currently recognizes
2.5 beds as equal to one dwelling unit. Planing staff proposes to increase the number of beds equivalent to one dwelling unit from 2.5 to 3.0 to be consistent with County residential
equivalent uses. Staff feels that the City’s 2.5-bed requirement is a disincentive to annex into the City. The Community Development Board recommends approval of the request. Assistant
Planning Director Cyndi Hardin said staff is separating this request from the general Code review as a developer is anxious to proceed with an annexation scheduled to be considered at
the March Community Development Board meeting.
Commissioner Johnson moved to approve the request to amend the Community Development Code by amending Art. 8, Definitions and Rules of Construction, Sec. 8-102 by revising definition
of Assisted Living Facility and Congregate Care to reflect that 3.0 beds are equivalent to 1 dwelling unit. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #6507-00 for first reading and read it by title only. Commissioner Hart moved to pass Ordinance #6507-00 on first reading. The motion was duly
seconded and upon roll call, the vote was:
“Ayes”: Johnson, Clark, Hooper, Hart, and Aungst.
“Nays”: None.
ITEM #11 - (Cont. from 1/20/00) Public Hearing & First Reading Ord. #6476-00 - Vacating 60' r-o-w of Third Avenue South, lying east of US19 & west of Chautauqua Avenue (formerly Main
Street), subject to retaining full 60' as a drainage & utility easement (Dimmitt, V99-13)(PW) - Request to Continue
Harry Cline, attorney representing the applicant, has requested this item be continued.
Commissioner Clark moved to continue Item #11. The motion was duly seconded and carried unanimously.
ITEM #12 - Public Hearing & First Reading Ords. #6502-00 & #6503-00 - Land Use Plan Amendment to Commercial General & Commercial Zoning, 704 & 706 N. Myrtle Ave., 700 Eldridge St., &
703 Blanche B. LittleJohn Trail, portion of NE¼ of SE¼ of Sec. 9-29-15; R. H. Padgett's, Blk 2, Lot 4; part of Government Lot 3 in Sec. 9-29-15 (Koster, Parker, White & Carson, Jr.,
Z00-01)(PLD)
The applicant has requested a Land Use Plan Amendment from Residential Urban (RU) to Commercial General (CG) and a zoning change from Low Medium Density Residential
(LMDR) and County zoning to Commercial (C) on a 1.31-acre site at 700 Eldridge Street, 703 Blanche B. LittleJohn Trail, 704 Myrtle Avenue, and 706 Myrtle Avenue. The site currently
consists of a vacant single-family house, vacant restaurant, vacant lot, and a single-family house. Richard Koster, owner of one corner parcel, has an intended use for his property.
The owners of the other parcels have no specific plans at this time. As there are commercial uses on both sides of Myrtle Avenue and given the size of the property, this proposal could
be an effective redevelopment of this property. At its January 25, 2000, meeting, the Community Development Board recommended approval of the application. The application will be subject
to PPC (Pinellas Planning Council) review.
Kathy Dornisch, representative for the Carson and White families, said she is a realtor and the property has been on the market for 11 months. No interest other than commercial inquiries
has been received for the subject site.
One citizen requested the City consider changing the remainder of the property to General Commercial designation.
Commissioner Johnson moved to approve the Land Use Plan Amendment to Commercial General & Commercial Zoning at 704 & 706 N. Myrtle Ave., 700 Eldridge St., & 703 Blanche B. LittleJohn
Trail, portion of NE¼ of SE¼ of Sec. 9-29-15; R. H. Padgett's, Blk 2, Lot 4; part of Government Lot 3 in Sec. 9-29-15. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #6502-00 for first reading and read it by title only. Commissioner Clark moved to pass Ordinance #6502-00 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 #6503-00 for first reading and read it by title only. Commissioner Hooper moved to pass Ordinance #6503-00 on first reading. The motion was duly
seconded and upon roll call, the vote was:
“Ayes”: Johnson, Clark, Hooper, Hart, and Aungst.
“Nays”: None.
ITEM #13 - (Cont. from 1/20/00) Public Hearing & First Reading Ord. #6491-00 - LMDR Zoning, 608 Orange Ave., Starr & Savery's Addition to Clearwater, Blk 6, Lot 1 (Jerry & Lynda Gilliam,
Z99-05)(PLD)
The applicant has requested a Zoning Atlas Amendment from Low Density Residential (LDR) to Low Medium Density Residential (LMDR) for 608 Orange Avenue (Lot 1, Block 6, Starr and Savery’s
Addition to Clearwater. The .21 acre site currently consists of a single-family house on the east platted lot. A second platted lot located to the west fronts Lime Avenue and is vacant.
The rezoning will permit development of one single-family house on the west vacant lot. The Community Development Board reviewed the case in December. At that time, the rezoning requested
was from Low Density Residential (LDR) to Medium Density Residential
(MDR). The applicant has agreed to amend his application from Low Density Residential (LDR) to Low Medium Density Residential (LMDR). The house on the east side of the property had
been used as a two-family home. The two platted lots are under single ownership. The applicant has building permits for and is currently renovating the house on the east for use as
a single-family home. The applicant must obtain flexible site plan approval for the lot size and the reduced front setback from 25 to 20 feet from the Community Development Board if
the Low Medium Density Residential zoning is approved. The Community Development Board reviewed this amended application at its February 15, 2000, meeting, and discussion at the meeting
included concern regarding the zoning but not construction of the single-family home. The Community Development Board voted 4/3 to recommend approval of this application to the Commission.
Roger Larsen, representative, said these two lots have been in this state for a long time. The original plat was recorded in 1844. As City Code has changed significantly over the years,
the current LDR zoning district will not permit a house to be built on the lot fronting Lime Avenue. That zoning also places the house on Orange Avenue in a nonconforming use condition
due to lot size. Under the flexible standards of the LMDR zoning, the Code allows lot sizes of 3,000 to 10,000 square feet. This lot is 4,620 square feet. The sole purpose of the
rezoning request is to allow the applicant to use his property to build a house. Mr. Larsen said this rezoning decision would not set a precedence as Florida Statues provide that when
rezoning changes are created, if the result of the rezoning change is to effectively cause the loss of the use of property, certain economic considerations must occur. These decisions
are quasi-judicial in nature and reviewed on a case-by-case basis. The applicant has created a site plan that will meet the standards for Level Two Flexible Development use regarding
the front, side, and rear setbacks, and is consistent with Code. He requested the Commission approve the request.
In response to a question, Ms. Hardin said the applicant meets the side and rear setbacks. The CDB can approve a 15-foot front setback. She said for LMDR zoning, three levels of approval
are required. The primary difference between the LMDR and LDR districts is lot size. Bed and Breakfasts are not permitted in the LMDR district. Overnight accommodations are allowed
in LDR with specific criteria.
Guy Rosati said he is working with Mr. Gilliam on site plans. He said the reason the applicant is requesting a 20-foot setback instead of 25 feet is to line up with the existing homes
to the north and south. He said if necessary, the applicant can construct the home with a 25-foot front setback.
Eleven people spoke in opposition to the application.
Mr. Larsen said one house will be located on 4,600 square feet, not two. The lot is substandard and the Code considers substandard conditions under the flexible development standards
in the LMDR zoning district. He felt it highly unlikely that multifamily uses will be considered on the property at any time in the distant future. In response to a question, Ms. Hardin
said a consideration of density averaging is being proposed in the Code. Regardless of the types of zoning districts, density for each parcel would be calculated, and the number of
units could be spread out over the entire property owned. Whatever is being proposed must be permitted in both zoning districts.
Commissioner Clark moved to deny the request for Zoning Atlas Amendment from Low Density Residential (LDR) to Low Medium Density Residential (LMDR) for 608 Orange Avenue (Lot 1, Block
6, Starr and Savery’s Addition to Clearwater Blk 6, Lot 1. The motion was duly seconded and carried unanimously.
Public Hearing - Second Reading Ordinances
ITEM #14 - Ord. #6488-00 - Annexation, 3150 McMullen Booth Rd., Sec. 21-28-16, M&B 23.10 (Robert & Nancy Hurst, A99-20)
Mike Maher, potential buyer of this property, requested the Commission’s support of Ordinances #6488-00, #6489-00, and #6490-00.
The City Attorney presented Ordinance #6488-00 for second reading and read it by title only. Commissioner Clark moved to pass and adopt Ordinance #6488-00 on first 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. #6489-00 - Land Use Plan Amendment to Residential/Office Limited, 3150 McMullen Booth Rd., Sec. 21-28-16, M&B 23.10 (Robert & Nancy Hurst, A99-20)
The City Attorney presented Ordinance #6489-00 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #6489-00 on first 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. #6490-00 - Office Zoning, 3150 McMullen Booth Rd., Sec. 21-28-16, M&B 23.10 (Robert & Nancy Hurst, A99-20)
The City Attorney presented Ordinance #6490-00 for second reading and read it by title only. Commissioner Hooper moved to pass and adopt Ordinance #6490-00 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 meeting recessed from 7:49 to 8:06 p.m.
CITY MANAGER REPORTS
CONSENT AGENDA (Items #17-23)
The following items require no formal public hearing and are subject to being approved in a single motion. However, any City Commissioner or the City Manager may remove an item from
the Consent Agenda to allow discussion and voting on the item individually.
ITEM #17 - Approval of Purchases & Declaration of Surplus per Purchasing Memorandum:
Kaiser Pontiac-Buick GMC, Inc., three 2000 GMC Sonoma compact pickup trucks (replacement) for use by CRT, $46,449; funding to be provided under City's Master Lease-Purchase Agreement
(GSS)
Superior Auto Centers, tires, 3/15/00-3/31/01, est. $50,000 (GSS)
M.T. Deason Company, Inc., gas materials - 2406 polyethylene pipe & fittings, 3/1/00-2/28/01, est. $80,000 (GAS)
M.T. Deason Company, Inc., gas materials - steel pipe & fittings, 3/1/00-2/28/01, est. $60,000 (GAS)
Doctor's Walk In Clinic, 1st of 2 extensions, medical examination service for Fire Department personnel & pre-employment applicants, 2/18/00-2/28/01, est. $38,000 (FD)
Declare surplus to city needs, vehicles, equipment, gas materials - steel pipe & parking meters; authorize disposal through auction or sealed bid
ITEM #18 - Approve City's annual membership in Tampa Bay Partnership, for fiscal year 1999-2000, $50,000 (ED)
ITEM #19 - Contract to Suncoast Inflatables, Inc., one Apex A-19 dive/rescue boat, $28,656.51; funding to be provided under City's Master Lease-Purchase Agreement (FD)
ITEM #20 - Authorize establishment of capital project called "SPJC Field Site Development" with funding of $50,000 to be transferred from unappropriated retained earnings of the Special
Development Fund (GS)
ITEM #21 - Amendment No. 1 to Joint Project Agreement for utility installation by roadway contractor for Alligator Creek Channel "A" Detention Area at Logan Street, increasing est. cost
by $63,665, revising method of payment (PW)
ITEM #22 - Ratify/Confirm City Manager's decision to increase contract with Laub's Landscape Maintenance, Inc., for lot mowing/clearing services, to new total of $50,000 (PLD)
ITEM #23 - Agreement with Alcalde & Fay for Federal Lobbyist Services, 3/1/00-12/31/02, $5,500 per month, plus expenses est. at $8,000 per year, total est.$209,600 (CLK)
Commissioner Clark 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 #24 - Approve 2 year lease with Clearwater Golf Associates Inc. for operation of property currently known as Clearwater Golf Park, including annual lease payment of $36,000 and
over $91,000 in improvements to the course (PR)
Clearwater Golf Park, Inc. (CGP) has operated the Golf Park since February 24, 1970. The current lease expires on February 28, 2000. Negotiations with CGP to extend the lease have
been unsuccessful. Staff contacted previously interested vendors to submit a proposal to operate the course from March 1, 2000, to February 28, 2002. Written proposals were due January
28, 2000. Proposals were received from Clearwater Golf Associates, Inc., Frank G. Longo, Jr., Robert O. Bauer, Jr., and Jim Barber. Staff reviewed all proposals and determined that
Clearwater Golf Associates provides the greatest opportunity for combined course improvements, lease payments, programming, and experience. Two of the proposals provided a slightly
higher lease payment to the City. (Longo 442,000; Barber $38,322.50) but staff’s recommendation is based on not only the lease payment but also CGA’s proposal to provide over $91,000
in improvements to the course. This far exceeds the other two proposals. Key items to be addressed in the lease agreement include: 1) complete redesign and construction of the landscaping
and parking lot at an estimated value of $20,000; 2) new identification sign following the City’s format at an estimated value of $1,200; 3) refurbish club house at an estimated value
of $40,000; 4) rejuvenate driving range, fairways and greens at an estimated value of $30,000; and 5) lease payment of $36,000 annually payable in quarterly installments to the City.
Kevin Dunbar, Director of Parks and Recreation, said the submittal of the cost of a two-year budget by Jim Barber was provided after the January 28, 2000, deadline and the information
requested was limited to revenue only. The CGA, Inc. proposal not only provided a revenue source to the City, it also provided a guarantee for specific improvements that were incorporated
into the proposed lease agreement. Jim Barber’s group proposes $211,000 of capital improvements over the two-year term of the lease. CGA, Inc. proposes $216,800 of capital improvements
within the first twelve months of the lease and $91,200 of those improvements is guaranteed to be completed as a part of the lease document.
Staff was complimented for their efforts in compiling an analysis in a short period of time.
Don McFarland, CGA Inc. representative, said his client’s proposal will return substantial revenue to the City. He hopes upon completion of the two-year lease that the City will renew
it with his client. The proposal includes renovations to the Golf Park at a considerable expense to his client for a two-year lease. He is unaware there is a problem with the selection
procedure.
Ed Armstrong, Jim Barber’s representative, said staff’s computation does not accurately reflect the benefits to the City. He reviewed upgrades being proposed by his client totaling
$196,500.
Mr. McFarland said he felt staff considered not only the proposed revenue to the City but his client’s extensive experience in the business.
Mr. Dunbar said staff was comfortable with both groups but received Mr. Barber’s submittal after the deadline. After feedback to questions was received and all information taken into
consideration, staff determined that CGA, Inc.’s proposal was in the best interests of the City. CGA has outlined specific improvement items staff feels necessary to be done to the
Park the first year, as well as additional improvements throughout the lease period.
Mr. Armstrong said Mr. Barber’s cost and expense sheet was timely submitted. He feels the materials submitted and his client’s proposal speaks for itself.
Mr. Dunbar said as the current lease expires February 20, 2000, if this item is continued, the golf course would have to close. Mr. Dunbar said the difference on the annual rental
revenue from Mr. Barber to the City was $38,322.50; the CGA proposal was for $36,000. As the gross revenue is unknown, staff had no way to compare Mr. Barber’s proposal regarding on
3% of gross revenue.
Commissioner Clark moved to approve a two-year lease with Clearwater Golf Associates Inc. for operation of property currently known as Clearwater Golf Park, including annual lease payment
of $36,000 and over $91,000 in improvements to the course. The motion was duly seconded. Upon the vote being taken, Mayor Aungst and Commissioners Johnson, Clark, and Hart voted “aye”;
Commissioner Hooper voted “nay”. Motion carried.
ITEM #25 - Approve collective bargaining agreement with Communication Workers of America (CWA) Local 3179, for Fiscal Years 1999-00, 2000-01, & 2001-02 (HR)
Mayor Aungst apologized to the Human Resources Department for the lack of information available at the time the department was awarded Team of the Quarter. He commended staff for their
efforts in the negotiations with the CWA.
The most recent collective bargaining agreement between the City and CWA Local 3179 expired on September 30, 1999. City management staff and representatives of CWA Local 3179 met beginning
in July of 1999 to negotiate a new contract. The parties reached a tentative agreement on November 15, 1999. The Union submitted the proposed agreement to its membership who failed
to ratify the agreement in a vote on December 13, 1999. The parties reached agreement on a revised contract on January 7, 2000. The three-year agreement contains the following provisions:
1) hours of work and overtime – increase standby pay from $8.00/night and $40.00/weekend to $10.00/night and $50.00/weekend. Increase shift differential pay from $.40/hour to $.50/hour.
Allow for 5% Assignment pay differential; 2) Article 10, leaves of absence – add formal sick leave policy. Change policy for eligibility for payment of sick leave at retirement for
20 years of service to retiring on City Pension or eligible to retire on Social Security and five years of service. Award bonus days for sick leave incentive instead of converting from
sick leave; 3) Article 15, retirement – provide for referendum vote to change City Pension plan to allow for a 1.5% annual COLA, change the pension calculation from “last five year”
average to “best five year” average, and allow for employees who are 65 years of age with 10 years of service to receive full pension credit instead of a reduced benefit; 4) Article
17, insurance – provide for 100% coverage for employee-only health insurance for duration of agreement; 5) Article 23, Salary – Provide 4% merit increase annually to employees not a
pay range maximum. Provide 3% merit lump sum bonus to employees at range maximum in year
one. Adjust pay range minimums and maximums upward by 2% effective October 1, 2000 and 2% effective October 1, 2001, providing employees at range maximum with 2% base salary increase
and 2% lump sum bonus each year; and 6) Article 24, Drug and Alcohol Policy – allow for “second change” program for reasonable suspicion testing only.
AND
ITEM #26 - Approve collective bargaining agreements with International Association of Fire Fighters (IAFF) AFL-CIO Local 1158, for rank and file Fire employees and Fire District Chiefs,
for Fiscal Years 1999-00, 2000-01, & 2001-02 (HR)
The most recent collective bargaining agreement between the City and IAFF Local 1158 expired on September 30, 1999. City management staff and representatives of IAFF Local 1158 met
beginning in April of 1999 to negotiate a new contract for the IAFF rank and file and to negotiate a first contract with a newly created Fire District chief bargaining unit. The parties
reached a tentative agreement on January 6, 2000, for the rank and file contract and reached a tentative agreement on January 10, 2000, for the Fire District chief contract. The Union
rank and file ratified the new agreement by a vote of 97 to 35 on January 25-27, 2000, and the Union submitted the proposed agreement to its Fire District chief membership for a ratification
vote on February 1-2, 2000. These are 3-year agreements with both the IAFF rank and file bargaining unit and the Fire District Chief bargaining unit which contain the follow major provisions:
1) Article 14, Vacation – Prorate vacation days for the first year of service. Provide an additional vacation day annually for employees with 25 or more years of service; 2) Article
15, Wages and Compensation – Provide for a 3% general wage increase each year for rank and file. Provide 4% annual increase for Fire District Chiefs if rated satisfactory. Reduce the
pay range for Fire Lieutenant/Rescue-paramedic by 5%. Provide an annual personal resource allowance of $800 in year one, $900 in year two, and $950 in year three for purchasing and
laundering uniforms, loss of personal property, and attending annual physical off-duty (replacement the existing $550 laundry-only allowance). Provide special team pay of $10 per pay
period in year one, $15 per pay period in year two, and $20 per pay period in year three for up to 57 employees; 3) Article 17, insurance – provide for 100% coverage for employee-only
health insurance for duration of agreement; 4) Article 19 – Personnel Practices – Allow for “in step” promotions and demotions for rank and file. Allow for option to receive pay or
be awarded bonus days for Sick Leave incentive instead of converting for sick leave; 5) Article 20, Retirement – Provide for referendum vote to change City Pension plan to allow for
a 1.5% annual COLA, change the pension calculation average salary from “last five years” to “best five years”, and allow for employees who are 65 years of age with 10 years of service
to receive full pension credit instead of a reduced benefit; 6) Article 23, EMS Classifications – Provide 5% assignment pay for any rank and file EMT assigned to an ALS unit; and 7)
Article 27, Seniority and Layoffs - Clarify layoff procedures to include new classifications.
Commissioner Hooper moved to approve the collective bargaining agreements with the Communication Workers of America Local 3179, the International Association of Fire Fighters AFL-CIO
Local 1158, and the rank and file Fire employees and Fire District Chiefs, for Fiscal Years 1999-00, 2000-01, & 2001-02. The motion was duly seconded and carried unanimously.
ITEM #27 - Rank Master Developers for the Downtown Clearwater Redevelopment Property (ED)
The City would like to redevelop all or a portion of approximately 39 acres known as the Downtown Clearwater Redevelopment Property as a public/private, mixed use urban and waterfront
place. To that end, the City extended an invitation to developers to submit Statements of Qualifications to serve as Master Developer. The Selection Committee reviewed all the respondents’
proposals and made site visits during the months of January and February, 2000, to each developer’s office and to view projects in which each developer had been involved. On February
8, 2000, deGuardiola Development, Inc. and Waltemath/MarketFest, gave presentations to the Selection Committee, the Commissioners, and the public. Upon approval of the ranking of the
developers, the City and the top-ranked developer will commence to negotiate a Developer Agreement, which will be brought before the Commission for final approval.
Charlie Siemon, Siemon, Larsen, and Marsh, gave an overview of the process to this point. Discussion regarding where to build a new library led to a recommendation that the City rank
qualified developers regarding proposals for a downtown plan. The objective is to select a development program responsive to the City’s needs and the marketplace. The concepts discussed
throughout this effort have not included dedicating ad valorem taxes or general revenues to support redevelopment. Public/private partnerships will encourage private enterprise to develop
products that generate taxes and revenues to pay off expenses incurred. Should negotiations during the six-month period with the selected developer prove unsuccessful, negotiations
will begin with the developer ranked second. Lands west of Osceola will require a referendum. Mr. Siemon said ranking the developers will start the process that will involve intense
community participation.
Twenty-eight people spoke with 10 supporting redevelopment of the entire area without expressing a preference regarding which firm to rank #1; 5 supporting redevelopment and preferring
Waltemath; 6 supporting redevelopment and preferring deGuardiola; 4 supporting redevelopment east of Osceola Avenue without expressing a preference regarding the firm; 1 supporting redevelopment
east of Osceola Avenue and preferring deGuardiola; 1 supporting improvement of the park; and 1 requesting water needs be considered prior to redevelopment
Mayor Aungst said he considers this the most important decision he will ever make. Both developers have assured the City they have extensive plans to engage the public in the process.
He felt redevelopment has failed in the past because of the failure to use the resources on the bluff. He is looking for a public/private partnership led by a team dedicated to employing
innovative improvement approaches to redevelopment to generate economic value for the entire community without expense to property owners. He felt cultural arts, more green space on
the bayfront, and a permanent amphitheater on the expanded green space is necessary. A project using the footprints of the buildings currently on the bluff as a catalyst for the entire
downtown is needed. He prefers a library, community center, and museum complex nearby. He would like to see a stadium seating movie complex downtown east of Osceola with an adjacent
parking facility to compensate for moving parking off the bluff. Residential uses in and around Cleveland Street are imperative to the success of the project. He ranked deGuardiola
Development, Inc. number one.
Commissioner Clark said this has been a tough decision and exhilarating process. He thanked staff for their efforts throughout the process. He felt new urbanism can work. He said
regardless of the developer chosen, without a united effort, success becomes much less likely. He ranked deGuardiola Development, Inc. number one.
Commissioner Hooper stated various site visits have convinced him that the two developers under consideration are the best options. He feels an interactive fountain using potable water,
and a state-of-the-art multi-screen cinema should be a component of redevelopment. He wished that both firms could be joined together as a partnership to make the downtown even more
exciting. He ranked deGuardiola Development, Inc. number one, and Waltemath/MarketFest as 1a.
Commissioner Johnson said this is the most important vote he has made since he has been on the Commission. He felt deGuardiola Development, Inc.’s proposal is more in line with the
needs for downtown as emphasis was placed on construction east of Osceola rather than on the bluff and the firm understands referendum problems. He felt voter approval is necessary
before any changes are made to the bluff.
Commissioner Johnson moved to approve deGuardiola Development, Inc. as the downtown developer with the clear understanding that any future plans west of Osceola Avenue or the bluff
will not proceed before citizen approval via a referendum.
The Mayor requested that Commissioner Hart speak before the motion is voted upon.
Commissioner Hart said he is impressed with both developers’ qualifications and their sincere interest in redeveloping downtown. He felt failure to redevelop downtown in the past was
because the bluff was excluded in those plans. His first choice would be for both developers to work together on this project as he ranks both firms’ professionalism and demonstrated
ability highly. He felt any bluff development must be reasonable, not excessive, and in good taste, not glitz, and something permanent, not a passing fad. He stated his reasons for
ranking Waltemath/MarketFest number one.
Regarding Commissioner Johnson’s motion, he said in 1994, citizens voted not to develop property west of Osceola Avenue, therefore it is necessary to permit citizens to approve or disapprove
any development plans for that area. It was remarked that it appears Commissioner Johnson is saying he wants a vote before the developer’s plan is finalized. Commissioner Johnson stated
he feels the citizens should be involved in plans for the portion west of Osceola Avenue. In response to a question, City Attorney Pam Akin said in 1994, the issue was that a referendum
is required to construct anything below the 28-foot line and a referendum to sell, lease, or donate any property from Osceola Avenue to the water.
Due to the lack of a second, the motion failed.
Commissioner Clark moved that the Commission rank deGuardiola Development, Inc. the number one respondent and the City begin negotiations. The motion was duly seconded. Upon the vote
being taken, Mayor Aungst and Commissioners Hooper, Johnson, and Clark voted “aye”; Commissioner Hart voted “nay”. Motion carried.
The meeting recessed from 9:51 to 10:07 p.m.
George deGuardiola, deGuardiola Development, Inc., thanked the Commission for their selection and briefly explained the process. He said within the next 30 days, a team of national
and local consultants will be in place and stakeholders identified. He plans to implement charettes as the plan evolves. He felt it important to have a definitive demarcation line
for development and green space. He plans an ongoing press and public relations program and ongoing preparation of the referendum. He anticipates construction documents and improvements
for renovation will be in place by the end of the tenth month, and new construction and redevelopment can start the day after the referendum is passed. He will consider locations for
a Clearwater office tomorrow. He feels within 60 days, a tremendous amount of public feedback will be obtained.
ITEM #28 - Retained Earnings Policy (FN)
In an effort to ensure adequate financial reserves, the City has determined that a General Fund Unappropriated Retained Earnings equal to 8% of the subsequent year’s budgeted expenditures
shall be maintained whenever practical. Should funds in excess of 8% be available in any fiscal year, these funds shall be identified as available and may be available for specific
Capital Improvement Projects or used to reduce the subsequent year’s ad valorem millage. This Fund shall be maintained as a contingency fund and appropriated to meet unanticipated financial
needs.
Commissioner Johnson moved to approve the amendments to the Retained Earnings Policy. The motion was duly seconded. Upon the vote being taken, Mayor Aungst and Commissioners Hooper,
Johnson, and Clark voted “aye”; Commissioner Hart voted “nay”. Motion carried.
Discussion ensued regarding the timing of reducing unappropriated retained earnings. It was requested that the funds over 8% be dedicated to a specific project or be reviewed at the
beginning of the budget process. Budget Director Tina Wilson said she did not recommend using excess dollars to balance the budget.
ITEM #29 - Other Pending Matters - None.
CITY ATTORNEY REPORTS
ITEM #30 - Res. #00-11 - Demolition Lien - 1260 Wellington Dr., Fair Oaks Third Addition, Lot 117 (Donald & Mary Lauster)
The City Attorney presented Resolution #00-11 and read it by title only. Commissioner Johnson moved to pass and adopt Resolution #00-11 and authorized 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.
Motion carried.
ITEM #31 - Other City Attorney Items
The City Attorney said it is necessary to schedule a dispute resolution process meeting with the Largo Commission regarding an annexation issue. As it is preferred that the meeting
take place prior to Largo’s Commission election, the meeting was scheduled for 6:00 p.m. on March 8, 2000, at the PSTA building. An alternate date of March 22, 2000, also was scheduled.
ITEM #32 - City Manager Verbal Reports - None.
ITEM #33 - Other Commission Action
Commissioner Clark thanked the Parks and Recreation Department for taking the City’s golf course leases from just over $1,000 to $167,000 over the past few months. He also thanked
the public for their attendance at tonight's meeting.
Commissioner Hooper thanked staff for exceeding expectations regarding the work done with the Charlie Daniels events.
Commissioner Johnson thanked everyone for their attendance at tonight's meeting. He enjoyed attending today’s Devil Rays kick-off luncheon.
Commissioner Hart thanked citizens for their input. He said he intends to include everyone in the revitalization of downtown.
Mayor Aungst thanked the public for their attendance at tonight's meeting. He enjoyed playing in the Clearwater for Youth Golf Tournament. He said the downtown redevelopment process
is a long one. He said if a contract cannot be worked out with the deGuardiola team, the City will contact the Waltemath team.
ITEM #34 - Adjournment
The meeting adjourned at 11:00 p.m.