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05/04/2000CITY COMMISSION MEETING CITY OF CLEARWATER May 4, 2000 Present: Brian J. Aungst Mayor/Commissioner J. B. Johnson Vice-Mayor/Commissioner Ed Hooper Commissioner Robert Clark Commissioner Ed Hart Commissioner Also present: Michael J. Roberto City Manager Bill Horne 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. The invocation was offered by Reverend Anton DeWet of Faith United Church of Christ. 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 Proclamations: Tourism Week – May 7 – 13, 2000 Emergency Medical Awareness Week – May 14 – 20, 2000 ITEM #5 - Presentations - None. ITEM #6 - Approval of Minutes Commissioner Johnson moved to approve the minutes of the regular meeting of April 20, 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 Kevin Theisman and Bob Henion expressed concern the proposed Fire Department budget will not meet the safety needs of Sand Key residents. Bill Jonson encouraged residents to contact elected State officials to oppose amendments that would financially burden municipalities, when ordering the removal of billboards. City Clerk Cyndie Goudeau reported the subject amendment had been removed from the transportation bill. Final decisions regarding legislation will be made tomorrow. In response to a question, she said the Senate had not attached the amendment to another bill. Public Hearings - Second Reading Ordinances ITEM #8 - Ord. #6510-00 - Annexation, 1620 Stevenson's Dr., Stevenson's Heights, Blk A, Lot 13 (John & Margaret Payne, A00-03) The City Attorney presented Ordinance #6510-00 for second reading and read it by title only. Commissioner Hooper moved to pass and adopt Ordinance #6510-00 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 #9 - Ord. #6511-00 - Land Use Plan Amendment to Residential Low, 1620 Stevenson's Dr., Stevenson's Heights, Blk A, Lot 13 (John & Margaret Payne, A00-03) The City Attorney presented Ordinance #6511-00 for second reading and read it by title only. Commissioner Clark moved to pass and adopt Ordinance #6511-00 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. #6512-00 - LMDR Zoning, 1620 Stevenson's Dr., Stevenson's Heights, Blk A, Lot 13 (John & Margaret Payne, A00-03) The City Attorney presented Ordinance #6512-00 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #6512-00 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. #6513-00 - Annexation (& redefining boundary lines of City to include said addition), 2600 Block Belleair Road extension, Sec. 20-29-16, M&B 33.07 (Grand Bellagio at Baywatch Limited Partnership, A00-04) The City Attorney presented Ordinance #6513-00 for second reading and read it by title only. Commissioner Hart moved to pass and adopt Ordinance #6513-00 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. #6514-00 - Land Use Plan Amendment to Commercial General, 2600 Block Belleair Road extension, Sec. 20-29-16, M&B 33.07 (Grand Bellagio at Baywatch Limited Partnership, A00-04) The City Attorney presented Ordinance #6514-00 for second reading and read it by title only. Commissioner Hooper moved to pass and adopt Ordinance #6514-00 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. #6515-00 - Commercial Zoning, 2600 Block Belleair Road extension, Sec. 20-29-16, M&B 33.07 (Grand Bellagio at Baywatch Limited Partnership, A00-04) The City Attorney presented Ordinance #6510500 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #6515-00 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. #6522-00 - Amending Comprehensive Plan of the City as adopted on 11/16/89, including amendments to future land use, transportation/traffic circulation, housing, utilities, coastal zone management, conservation, recreation and open space, intergovernmental coordination, and capital improvements elements; making substantive changes as recommended in the Evaluation and Appraisal Report (EAR) The City Manager said it had been requested that this item be continued so that a Commissioner can review changes. Commissioner Hart moved to continue Item #14 to May 18, 2000. The motion was duly seconded and carried unanimously. ITEM #15 - Ord. #6527-00 - Annexation (& redefining boundary lines of City to include said addition), 1400 Block of N. Belcher Rd., Sec. 7-29-16, M&B 22.02 (Sarandaporou Partners, Inc., A00-05) The City Attorney presented Ordinance #6527-00 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #6527-00 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. #6528-00 - Land Use Plan Amendment to Residential Low, 1400 Block of N. Belcher Rd., Sec. 7-29-16, M&B 22.02 (Sarandaporou Partners, Inc., A00-05) The City Attorney presented Ordinance #6528-00 for second reading and read it by title only. Commissioner Clark moved to pass and adopt Ordinance #6528-00 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. #6529-00 - LDR Zoning, 1400 Block of N. Belcher Rd., Sec. 7-29-16, M&B 22.02 (Sarandaporou Partners, Inc., A00-05) The City Attorney presented Ordinance #6529-00 for second reading and read it by title only. Commissioner Hooper moved to pass and adopt Ordinance #6529-00 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 #18 - Ord. #6534-00 - Amending Art. XIX of Appendix A, Code of Ordinances, relating to Schedule of Fees, Rates and Charges for Streets, Sidewalks, Other Public Places; fee increase from $7.50 per day to $10 per day for daily use of revenue generating parking spaces The City Attorney presented Ordinance #6534-00 for second reading and read it by title only. Commissioner Johnson moved to pass and adopt Ordinance #6534-00 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 #19-25) – Approved as submitted. Consent Agenda items require no formal public hearing and are subject to approval by a single motion. However, any City Commissioner or the City Manager may remove an item from the Consent Agenda for discussion and to vote on the item individually. ITEM #19 - Approval of Purchases per Purchasing Memorandum: 1) Skypainter Fireworks International, 1st of 2 renewal options, fireworks presentations, 5/5/00-4/30/01, estimated $50,000 (PR) 2) Ross Systems Inc., financial system software license & maintenance, 6/30/00-6/29-01, estimated $85,000 (IT) 3) Xerox Corporation, 4 digital copy machines, addition to 5 current lease machines, extending period from 10/31/04 through 5/31/05, increasing contract awarded 10/7/99 by $101,000 for estimated total $216,000 (IT) ITEM #20 - Trustees of Clearwater Firefighters' Supplemental Trust Fund - reappoint Myron Ahrens & Rick G. Stucker (FD) ITEM #21 - Accept 3 grants & approve corresponding agreements with Juvenile Welfare Board, totaling $72,955 for 100% funding of 3 new summer camp programs (Surf and Safari, Kings Highway, & Teens on the Run)(PR) ITEM #22 - First Amendment to Interlocal Agreement with Pinellas County & other adjacent municipalities, joint control of pollutants associated with stormwater discharges to and from Clearwater, in accordance with NPDES permit (PW) ITEM #23 - Contract for 1999 North Clearwater Beach Drainage Improvements to Southwest Contracting, Inc., for $50,128.10; approve purchase of Tideflex Valves from Red Valve Company, Inc., for $67,465, for total $117,593.10 (PW) ITEM #24 - Cooperative Funding Agreement with SWFWMD, Stevenson Creek Watershed Management Plan, total cost not to exceed $600,000 with District funding a maximum of $220,000 (PW) ITEM #25 - Brownfields Advisory Board - Reappoint Mary Miller, Gary Gray, and Stephen Fowler (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 #26 - Bond Counsel Agreement with Bryant, Miller and Olive, P.A., serve as City's bond counsel, three-year period (FN) As a result of a 1995 RFP (Request for Proposals), the City selected Bryant, Miller, and Olive, P.A., to serve as the City’s bond counsel. The initial 3-year agreement, included options for two 1-year extensions. The original agreement was extended for one-year in 1998 and 1999. Fees for issuing bonds, unchanged from the 1995 contract, are based on the type of bond issued and are calculated per $1,000 of bonds. The City typically issues fixed-rate revenue bonds. The fee for the first $45-million of fixed rate revenue bonds issued is $1.40 per $1,000 with a minimum fee of $10,000. This agreement allows one 2-year extension at the completion of the original 3-year contract. Costs incurred, due to bond issuance, are paid from bond proceeds. Due to the number of projects in progress, staff recommends approval. Financial Services Administrator Margie Simmons said staff had been extremely satisfied with this firm’s services. She said it is not in the City’s best interest to switch bond counsel at this point. The City Manager said upcoming bond issues, related to downtown redevelopment, will be complicated. Concern was expressed that staff should have issued a RFQ (Request for Qualifications) when extensions to the original agreement had expired. The City Attorney stated legal services are exempt from the bid process. Commissioner Hooper moved to approve a three-year Bond Counsel Agreement with Bryant, Miller, and Olive, P.A., to serve as the City’s bond counsel, and that the appropriate officials be authorized to execute same. The motion was duly seconded. Commissioners Johnson and Hooper and Mayor Aungst voted “Aye”; Commissioners Clark and Hart voted “Nay.” Motion carried. ITEM #27 - Disclosure Counsel Agreement with Nabors, Giblin & Nickerson, P.A., serve as City's disclosure counsel, three-year period (FN) As a result of a 1995 RFP, the City selected Nabors, Giblin & Nickerson, P.A., to serve as the City’s disclosure counsel. The initial 3-year agreement included options for two 1-year extensions. The original agreement was extended for one-year in 1998 and 1999. Fees for issuing bonds, unchanged from the 1995 contract, are calculated per $1,000 of bonds. The fee is $1.10 per $1,000 for the first $10-million and $0.90 per $1,000 above $10-million, with a minimum fee of $5,000. This agreement allows one 2-year extension at the completion of the original 3-year contract. Costs incurred, due to bond issuance, are paid from bond proceeds. Staff has been satisfied with the disclosure counsel’s services. Due to the number of projects in progress, staff recommends approval. It was recommended staff issue a RFQ when these two agreements expire. It was noted the City previously had problems with this firm unrelated to this issue. Commissioner Johnson moved to approve a three-year contract for Disclosure Counsel Agreement with Nabors, Giblin & Nickerson, P.A., to serve as the City’s disclosure counsel, and that the appropriate officials be authorized to execute same. The motion was duly seconded. Commissioners Johnson and Hooper and Mayor Aungst voted “Aye”; Commissioners Clark and Hart voted “Nay.” Motion carried. ITEM #28 - Approve Final Plat for Mandalay Beach Club Subdivision, 10 Papaya Street & 9 San Marco Street, lying 750' north of Causeway Blvd. & 1 block west of Mandalay Ave. (PW) The applicant is proposing to construct two condominium towers at this location. The property is zoned Tourist (T) and currently features mixed-use residential and commercial. The Development Review Committee has approved this development. City Engineer Mike Quillen said this administrative process will combine adjoining properties and the previously approved vacationed portion of Gulf Boulevard and make it one lot. Commissioner Clark moved to approve the final plat for Mandalay Beach Club Subdivision, 10 Papaya Street and 9 San Marco Street, lying 750 feet north of Causeway Boulevard And one 1 block west of Mandalay Avenue, and that the appropriate officials be authorized to execute same. The motion was duly seconded. Concern was expressed previous drawings had featured larger roads and cul de sacs than planned. It was requested new renderings, which accurately represent these items, be made available for public view before the site plan is approved. The City Attorney said no further City Commission action will occur regarding this project. The City Manager said the City Commission will be presented the subject road projects for approval. Upon the vote being taken, Commissioners Johnson, Clark, and Hooper and Mayor Aungst voted “Aye”; Commissioner Hart voted “Nay.” Motion carried. ITEM #29 - Establish City's position on proposed Countywide Voluntary Annexation Process; recommend revisions in proposal to the PPC & Board of County Commissioners (PLD) In his April 11, 2000 memorandum, Planning Director Ralph Stone reported the PPC (Pinellas Planning Council) is developing a voluntary annexation process for the County that defines areas eligible for future voluntary annexation by each municipality, along with review and appeal procedures. The process would replace PPC review for ability to serve for annexation of 10 acres or more. PPC staff reviewed all municipality service and planning area agreements and developed maps depicting water, sewer, and fire service areas, and planning areas. With input from each jurisdiction, PPC staff developed a countywide map indicating areas eligible for annexation. This process requires an amendment to the Pinellas County Charter. Basic provisions of the proposed ordinance: 1) property proposed for annexation by a city must be located within that city’s eligible area as illustrated on the countywide annexation map; 2) property proposed for annexation must be contiguous to annexing city boundaries and reasonably compact as required by 171 F.S.; 3) annexing municipalities must notify the PPC of all proposals within 5 days of receipt of an annexation petition. PPC must review applications for compliance with contiguity and compactness criteria, and criteria related to municipal boundary conflicts; 4) any party affected by a proposed annexation can petition the PPC and CPA (Countywide Planning Authority) to review for consistency with criteria and procedures in the legislation. An affected party includes any person or firm owning property proposed for annexation or any governmental unit with jurisdiction over such area. CPA findings of noncompliance do not prohibit a municipality from proceeding with the annexation, however, any affected party, the PPC, or CPA may appeal a municipality’s annexation to Circuit court. PPC or CPA appeals are subject to the Florida Governmental Conflict Resolution Act. The proposal will change current process: 1) voluntary annexations must occur within areas eligible for annexation; 2) PPC staff shall review all voluntary annexation applications instead of only those exceeding 10 acres; 3) the prohibition on creating unincorporated enclaves is eliminated; and 4) a potential for a full PPC and CPA review and/or appeal exists if PPC staff determines the proposed annexation does not comply with criteria. Staff recommends addressing these issues: 1) amend countywide annexation map to include the City’s sewer treatment plant within Clearwater’s annexation area. The plant, on the east side of McMullen-Booth Road north of SR 580, appears in Safety Harbor’s annexation area. Clearwater’s annexation area should include all major capital investments; 2) unincorporated Pinellas County areas not within any city’s annexation area should be available for annexation pursuant to Florida Statutes related to contiguity and compactness requirements; 3) PPC annexation review to include an expedited process for properties within the defined annexation area; 4) enclaves in a city’s annexation area that remain enclaves ten years after the ordinance’s effective date shall be subject to involuntary annexation by the appropriate city; and 5) allow annexation of properties in the annexation area but not contiguous to existing boundaries. Annexation area boundaries are based on the relevant city’s ability to provide services. Relief from the contiguity requirement will assist in eliminating enclaves that inhibit efficient service. Assistant Planning Director Cyndi Hardin said the PPC will address this issue on May 17, 2000. In response to a question to recommendation #5, Ms. Hardin said the goal is to eliminate enclaves. She said the proposed legislation increases the PPC’s authority and establishes a new process and new powers for the PPC. She suggested the PPC not require review of annexations for single-family-homes. It was noted one city had requested to expand its boundaries. Consensus was for Curlew Road to remain the City’s northern boundary. Commissioner Clark moved to accept staff's position to recommend the Countywide annexation map be revised to include the City’s sewer treatment plant and all major capital investments within Clearwater’s annexation area. The motion was duly seconded and carried unanimously. Commissioner Hart moved to accept staff's position to recommend that unincorporated Pinellas County areas not within any city’s annexation area be available for annexation pursuant to Florida Statutes related to contiguity and compactness requirements. The motion was duly seconded and carried unanimously. Commissioner Johnson moved to oppose PPC review of annexation of parcels smaller than 10 acres but to allow staff to negotiate with PPC to at least not require PPC review of single-family-residentia annexations. The motion was duly seconded and carried unanimously. Commissioner Hart moved to deny staff's position to recommend subjecting properties to involuntary annexation if they remain in enclaves ten years after the ordinance’s effective date. The motion was duly seconded and carried unanimously. Commissioner Hart moved to accept staff's position to recommend allowing the annexation of properties in the annexation area but not contiguous to existing boundaries. The motion was duly seconded. Commissioners Johnson, Clark, and Hart and Mayor Aungst voted “Aye”; Commissioner Hooper voted “Nay.” Motion carried. ITEM #30 - Appointment of Commission members to Regional and Miscellaneous Boards (CLK) Commissioner Johnson moved to appoint: Mayor: Performing Arts Center & Theater BOD, Emergency Medical Services Advisory Council, and Pension Advisory Committee; Johnson: Tampa Bay Regional Planning Council, Pension Advisory Committee, and Long Center BOT; Hooper: Chi Chi Rodriguez Youth Foundation Trustees, Jolley Trolley Transportation of Clearwater, Inc. BOD, Homeless Task Force, Metropolitan Planning Organization, Long Center BOD; Clark: Tampa Bay Partnership Policy Board, Tampa Bay Estuary Policy Board, and Pinellas Suncoast Transit Authority; Hart: Florida League of Cities BOD, Mayor's Council of Pinellas County, St. Petersburg/Clearwater Area Economic Development Council (when board begins), Pinellas Planning Council, and Pension Advisory Committee; All to rotate Suncoast League of Municipalities BOD. Appointments pending to Pinellas Workforce Development Board and One-Stop committee. The motion was duly seconded and carried unanimously. ITEM #31 - Other Pending Matters a) Disband Fire Task Force The Task Force was thanked for their efforts. Commissioner Clark moved to disband the Fire Task Force. The motion was duly seconded and carried unanimously. CITY ATTORNEY REPORTS ITEM #32 - Res. #00-17 - Demolition Lien - 1201 Tangerine St., Greenwood Park No. 2 Sub., Blk D, Lots 1 & 2 (Lea Blocker Estate c/o Fred Wilder) The City Attorney presented Resolution #00-17 and read it by title only. Commissioner Clark moved to pass and adopt Resolution #00-17 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. ITEM #33 - Res. #00-18 - Demolition Lien - 802 Pennsylvania Ave., Pinecrest Sub., Blk 5, Lot 5 (Edward Willie Lewis) The City Attorney presented Resolution #00-18 and read it by title only. Commissioner Hooper moved to pass and adopt Resolution #00-18 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. ITEM #34 - Other City Attorney Items – None. ITEM #35 - City Manager Verbal Reports The City Manager requested a Special Meeting be scheduled for the Second Reading of a referendum ordinance. Consensus was to schedule the meeting on May 23, 2000, at 9:00 a.m. ITEM #36 - Other Commission Action Commissioner Clark questioned if staff is responding to FDOT (Florida Department of Transportation) correspondence related to billboards. Staff is preparing a response. Commissioner Clark requested the proposed land swap with Calvary Baptist church be agendaed for May 18, 2000. Commissioner Clark said he cannot attend Saturday’s Fun ‘N Sun parade as he will be attending his daughter’s graduation from the University of Florida with a Masters Degree. Commissioner Hooper congratulated Heather Clark on her achievement. Commissioner Hooper questioned a meeting he had calendared for May 9, 2000. It was indicated that meeting was not finalized. Commissioner Hooper agreed to represent the City on the Curlew Creek Task Force. Commissioner Johnson questioned when the City’s watering restrictions will be amended to correspond with SWFMWD (Southwest Florida Water Management District) rules. The issue will be addressed on May 18, 2000. Mayor Aungst congratulated Countryside High School for placing first in Florida’s thespian competition. Mayor Aungst congratulated the Long Center on its tenth anniversary. Mayor Aungst questioned if changes had been made to improve safety at the Fun ‘N Sun parade. Staff will bring forward recommendations for the next parade. Mayor Aungst thanked Calvary Baptist Church for their efforts to expedite negotiations with Mr. deGuardiola for the sale of their property. ITEM #37 - Adjournment The meeting adjourned at 7:06 p.m.