04/04/2002CITY COMMISSION MEETING
CITY OF CLEARWATER
April 4, 2002
Present: Brian J. Aungst Mayor/Commissioner
Whitney Gray Commissioner/Acting Vice-Mayor
Hoyt P. Hamilton Commissioner
William C. Jonson Commissioner
Frank Hibbard Commissioner
Also present: William B. Horne II City Manager
Garry Brumback Assistant City Manager
Ralph Stone 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 6:03 p.m. at City Hall. The invocation was offered by Reverend David Landers of the Heritage United Methodist Church. 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 - Introductions and Awards
Proclamations: Fair Housing Month - April 2002
Neighborhoods Week - April 15 - 20, 2002
Community Development Week - April 1 - 5, 2002
ITEM #4 - Presentations
a) Presentation -Celebrate Clearwater Neighborhoods
Neighborhood Services Manager Fredd Hinson reviewed events planned for Celebrate Clearwater Neighborhoods Week, April 15 – 20, 2002. Planned events during the week include a coffeehouse
for teens, landlord and tenant training, a public speaking and presentation skills workshop, and 20 block parties.
b) Beautification Committee to present award to Autoway
The Beautification Committee presented Autoway, on Gulf-to-Bay Boulevard, with a plaque honoring the company’s enhanced landscaping efforts.
ITEM #5 - Approval of Minutes
Commissioner Jonson moved to approve the minutes of the regular meeting of March 21, 2002, as recorded and submitted in written summation by the City Clerk to each Commissioner. The
motion was duly seconded and carried unanimously.
Commissioner Jonson moved to appoint Commissioner Gray as Acting Vice-Mayor for this meeting. The motion was duly seconded and carried unanimously.
ITEM #6 - Citizens to be heard re items not on the Agenda
Rick and René Teal expressed appreciation to firefighters who responded to the January 11, 2002, accident that killed their eldest son and injured their younger son. They love Clearwater
and expressed appreciation to those who responded and expressed sympathy and concern. A State of the Art facility is being dedicated at Clearwater High School in memory of Ricky Teal.
Ed Hooper, pointing out what the City does right, complimented Bill Horne, a talented and gifted City Manager, for doing an incredible job.
Judy Melges, Community Chair of the Library Capital Campaign, invited residents to attend the Garage Sale in support of the new Main Library on April 23 and 24, 2002, and a “Thanks for
the Memories” Party on April 28, 2002.
PUBLIC HEARINGS
Public Hearing - Second Reading Ordinances
ITEM #7 - Ord # 6932-02 - Residential Rentals, creating Article 3, Division 23, Community Development Code for applicability and restrictions, and amending Appendix A, regarding occupational
license fees, code of ordinances; and approval of a new Residential Rental Compliance Notice Requirements for Minimum Applicable Standards form to be filed at the time of occupational
licensing.
The City Attorney presented Ordinance #6932-02 for second reading and read it by title only.
One person spoke in opposition and one person spoke in support of the ordinance.
Assistant City Attorney Leslie Dougall-Sides said the ordinance does not reference mobile homes as the State regulates mobile homes separately from fixed housing. No additional staff
will be needed to implement and administer proposed changes.
Commissioner Jonson moved to pass and adopt Ordinance #6932-02 on second and final reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Gray, Hamilton, Jonson, Hibbard and Aungst.
"Nays": None.
ITEM #8 - Ord #6937-02 - Annexation Amendments for 1328 Woodbine Street (Lot 17, Block B of Pine Ridge in Section 10-29S-15E) (Liberian A. Miles) ANX 01-12-30
AND
ITEM #9 - Ord #6938-02 - Land Use Plan Amendments for 1328 Woodbine Street (Lot 17, Block B of Pine Ridge in Section 10-29S-15E) (Liberian A. Miles) LUP 01-12-30
AND
ITEM #10 - Ord #6939-02 –Zoning Atlas Amendments for 1328 Woodbine Street (Lot 17, Block B of Pine Ridge in Section 10-29S-15E) (Liberian A. Miles) LUZ 01-12-30
Commissioner Gray moved to continue Items #8, #9, and #10. The motion was duly seconded and carried unanimously.
ITEM #11 - Ord #6940-02 - Annexation Amendments for 2119 Pleasant Parkway (Lot 5, Pleasant Ridge Estates Subdivision in Section 24-29S-15E) (John L. and Linda W. Blechschmidt) ANX 01-12-31
The City Attorney presented Ordinance #6940-02 for second reading and read it by title only. Commissioner Hamilton moved to pass and adopt Ordinance #6940-02 on second and final reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Gray, Hamilton, Jonson, Hibbard and Aungst.
"Nays": None.
ITEM #12 - Ord #6941-02 - Land Use Plan Amendments for 2119 Pleasant Parkway (Lot 5, Pleasant Ridge Estates Subdivision in Section 24-29S-15E) (John L. and Linda W. Blechschmidt) LUP
01-12-31
The City Attorney presented Ordinance #6941-02 for second reading and read it by title only. Commissioner Jonson moved to pass and adopt Ordinance #6941-02 on second and final reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Gray, Hamilton, Jonson, Hibbard and Aungst.
"Nays": None.
ITEM #13 - Ord #6942-02 -Zoning Atlas Amendments for 2119 Pleasant Parkway (Lot 5, Pleasant Ridge Estates Subdivision in Section 24-29S-15E) (John L. and Linda W. Blechschmidt) LUZ 01-12-31
The City Attorney presented Ordinance #6942-02 for second reading and read it by title only. Commissioner Gray moved to pass and adopt Ordinance #6942-02 on second and final reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Gray, Hamilton, Jonson, Hibbard and Aungst.
"Nays": None.
ITEM #14 - Ord #6943-02 - Annexation Amendments for 1725 West Manor Avenue (Lot 36, Clearwater Manor in Section 06-29S-16E) (Robert and Marilynne Van Scoyoc)
ANX 01-12-32
The City Attorney presented Ordinance #6943-02 for second reading and read it by title only. Commissioner Hibbard moved to pass and adopt Ordinance #6943-02 on second and final reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Gray, Hamilton, Jonson, Hibbard and Aungst.
"Nays": None.
ITEM #15 - Ord #6944-02 - Land Use Plan Amendments for 1725 West Manor Avenue (Lot 36, Clearwater Manor in Section 06-29S-16E) (Robert and Marilynne Van Scoyoc)
LUP 01-12-32
The City Attorney presented Ordinance #6944-02 for second reading and read it by title only. Commissioner Hamilton moved to pass and adopt Ordinance #6944-02 on second and final reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Gray, Hamilton, Jonson, Hibbard and Aungst.
"Nays": None.
ITEM #16 - Ord #6945-02 - Zoning Atlas Amendments for 1725 West Manor Avenue (Lot 36, Clearwater Manor in Section 06-29S-16E) (Robert and Marilynne Van Scoyoc)
LUZ 01-12-32
The City Attorney presented Ordinance #6945-02 for second reading and read it by title only. Commissioner Jonson moved to pass and adopt Ordinance #6945-02 on second and final reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Gray, Hamilton, Jonson, Hibbard and Aungst.
"Nays": None.
ITEM #17 - Ord #6946-02 - Land Use Plan Amendment for property at 565 Sky Harbor Drive from Residential Office/General to Institutional (Parcel of land lying within the SW1/4 of Section
17-29S-16E) (Excel Realty Trust) LUP 01-12-09
The City Attorney presented Ordinance #6946-02 for second reading and read it by title only. Commissioner Gray moved to pass and adopt Ordinance #6946-02 on second and final reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Gray, Hamilton, Jonson, Hibbard and Aungst.
"Nays": None.
ITEM #18 - Ord #6947-02 - Rezoning for property at 565 Sky Harbor Drive from Residential Office/General to Institutional (Parcel of land lying within the SW1/4 of Section 17-29S-16E)
(Excel Realty Trust) LUZ 01-12-09
The City Attorney presented Ordinance #6947-02 for second reading and read it by title only. Commissioner Hibbard moved to pass and adopt Ordinance #6947-02 on second and final reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Gray, Hamilton, Jonson, Hibbard and Aungst.
"Nays": None.
ITEM #19 - Ord #6948-02 - Land Use Plan Amendment property at 520 Sky Harbor Drive from Institutional to Commercial General (Portion of Tract 1, a Resub of Baskin's Replat in Section
17-29S-16E) (Clearwater Mall LLC) LUP 01-12-10
The City Attorney presented Ordinance #6948-02 for second reading and read it by title only. Commissioner Hamilton moved to pass and adopt Ordinance #6948-02 on second and final reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Gray, Hamilton, Jonson, Hibbard and Aungst.
"Nays": None.
ITEM #20 - Ord #6949-02 - Rezoning for property at 520 Sky Harbor Drive from Institutional to Commercial General (Portion of Tract 1, a Resub of Baskin's Replat in Section 17-29S-16E)
(Clearwater Mall LLC) LUZ 01-12-10
The City Attorney presented Ordinance #6949-02 for second reading and read it by title only. Commissioner Jonson moved to pass and adopt Ordinance #6949-02 on second and final reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Gray, Hamilton, Jonson, Hibbard and Aungst.
"Nays": None.
ITEM #21 - Ord #6956-02 - amending the operating budget for fiscal year ending September 30, 2002, to reflect increases and decreases in revenues and expenditures for the General Fund,
Special Development Fund, Special Program Fund, Water & Sewer Fund, Stormwater Fund, Gas Fund, Solid Waste Fund, Recycling Fund, Parking Fund, Administrative Services Fund, Garage Fund
and Central Insurance Fund, as provided herein; providing an effective date.
The City Attorney presented Ordinance #6956-02 for second reading and read it by title only. Commissioner Gray moved to pass and adopt Ordinance #6956-02 on second and final reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Gray, Hamilton, Jonson, Hibbard and Aungst.
"Nays": None.
ITEM #22 - Ord #6957-02 - amending the Capital Improvement Budget for the fiscal year ending September 30, 2002, to reflect a net increase of $162,633 providing an effective date.
The City Attorney presented Ordinance #6957-02 for second reading and read it by title only. Commissioner Hibbard moved to pass and adopt Ordinance #6957-02 on second and final reading.
The motion was duly seconded and upon roll call, the vote was:
"Ayes": Gray, Hamilton, Jonson, Hibbard and Aungst.
"Nays": None.
CITY MANAGER REPORTS
CONSENT AGENDA (Items #23-35) - 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 individual vote.
ITEM #23 - Approval of Purchases per Purchasing Memorandum:
1) Purchase four (4) Flygt pumps for $82,649 from E K Phelps & Company. (PU/WPC)
2) Purchase contract renewal for gas materials-meters & regulators during contract period May 2, 2002 through April 30, 2003 of 2001 bid for $150,000 from M T Deason Company Inc. First
renewal option of 2001 bid. (CGS)
3) Purchase to replace five (5) 2002 Toro Z Master riding mowers with attachments and three (3) 2002 Toro 328D Groundsmaster riding mowers for $82,378.47 from Wesco Turf Supply. (GSS/FLEET)
4) Service contract Cellular digital packet data service during the contract period March 1, 2002 through March 31, 2004 for $120,000 from Alltel. (PD)
5) Service contract relocation of library furniture and materials for $67,500 from Professional Movers, Inc. (LIB)
ITEM #24 - Approve $30,000 to fund City portion of a design and transportation planning services contract for the Gateway area, as the corridor to downtown, in the Downtown plan. ED
ITEM #25 - Authority to settle worker's compensation claim of Claimant, Alan Mazurowski in its entirety to include medical, indemnity and attorney fees for the sum of $135,000. FN
ITEM #26 - Authorize lease purchase of capital items that cost $50,000 and under without a separate authorization from the City Commission as long as they meet the lease purchase requirements,
purchasing standards, and are approved in the budget. FN
ITEM #27 - Approve the second and final one-year extension to the Agreement with Banc of America Securities, LLC to serve as the City's financial advisor. FN
ITEM #28 - Award contract to Heavy Duty Lift & Equipment, Inc. in Buford, GA for the purchase of two (2) surface mounted 75,000 pound capacity Omar Vega 340 portable lifts at a cost
of $121,000 and authorize financing under the City's Master Lease/Purchase Financing Agreement, in accordance with Sec. 2.564(1)(d), City of Saint Petersburg bid #7511. GSS
ITEM #29 - Authorization to institute legal action against a private slip tenant, LeBron Free at Island Estates slip #140, to recover past due rent and remove boat from slip. MR
ITEM #30 - Approve the expenditure of $90,000 from Recreation Facility Impact Fees for the construction of a dog park at Crest Lake Park. PR
ITEM #31 - Approve Work Order for $132,840 to Tampa Bay Engineering, Inc. (TBE) to conduct site assessment and remediation activities at the "Former Clearwater Seafood" site located
at 37 Causeway Boulevard. PW
ITEM #32 - Approve Work Order to Parsons Engineering Science, Inc. to provide engineering design and permitting services for the Palmetto Street Improvements Project for the sum of $126,989.
PW
ITEM #33 - Appoint Commission members as representatives on the Regional and Miscellaneous Boards CLK
ITEM #34 - Appoint Kathy Milam to Community Development Board - Alternate Position CLK
ITEM #35 - Grant of Easement, The Grand Belagio at Baywatch, LTD., section 20-29-16E, sanitary lift station easement. CA
Commissioner Hamilton 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 #36 - Res. #02-21 authorizing the Mayor, on behalf of the Clearwater Police Department, to execute the "Tampa Bay Regional Domestic Security Task Force Combined Voluntary Cooperation
and Operational Assistance Mutual Aid Agreement and Memorandum of Understanding" allowing voluntary cooperation and assistance of a routine law enforcement nature across jurisdictional
lines and operational assistance by and among participating law enforcement agencies within the State of Florida to promote domestic security. PD
Chapter 23, Florida Statutes authorizes mutual aid agreements between law enforcement agencies for rendering voluntary assistance of a routine law enforcement nature to one another
across jurisdictional lines and providing operational assistance. The agreement’s principal goal is to protect Florida’s public safety and security, and prosecute successfully criminal
violators who threaten or endanger safety and security in Florida or elsewhere. The agreement joins agencies to form a task force with principal operations within the Florida Department
of Law Enforcement Tampa Bay operational region. Task force agencies agree to use applicable State and Federal laws to investigate and prosecute criminal cases, and to pursue appropriate
civil actions against those involved in criminal acts who are, or are related to, terrorism in or otherwise affecting Florida. The task force will promote responsible sharing of anti-terrorism
intelligence and investigative information gathered in Florida with Federal terrorism task forces and with State and local law enforcement.
Each agency joining the task force may request and render law enforcement assistance to other agencies, to include but not necessarily be limited to, terrorist attacks, conspiracies
or solicitations related to terrorism, terrorism-related law enforcement emergencies, aircraft disasters, fires, and incidents requiring utilization of specialized units such as bomb
disposal units or special weapons and tactics units for operational assistance. Task force duties will include, but not be limited to, collecting and disseminating terrorist-related
intelligence and investigative information, participating in emergency responses to terrorist incidents, identifying
and seizing terrorist-related assets that are subject to forfeiture, and improving Florida’s ability to detect and prevent potential terrorist threats.
Commissioner Hamilton moved to authorize the Mayor, on behalf of the Clearwater Police Department, to execute the “Tampa Bay Regional Domestic Security Task Force Combined Voluntary
Cooperation and Operational Assistance Mutual Aid Agreement and Memorandum of Understanding” allowing voluntary cooperation and assistance of a routine law enforcement nature across
jurisdictional lines and operational assistance by and among participating law enforcement agencies within the State of Florida to promote domestic security, and that the appropriate
officials be authorized to execute same. The motion was duly seconded and carried unanimously.
The City Attorney presented Resolution #02-21 and read it by title only. Commissioner Jonson moved to pass and adopt Resolution #02-21 and authorize the appropriate officials to execute
same. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Gray, Hamilton, Jonson, Hibbard and Aungst.
"Nays": None.
ITEM #37 - Res. #02-22 authorizing the Mayor, on behalf of the City of Clearwater, to execute the "Statewide Mutual Aid Agreement" allowing for reciprocal emergency aid and assistance
in case of emergencies too extensive to be dealt with unassisted. PD
Section 252.40, Florida Statutes, authorizes the governing body of each political subdivision to enter into mutual aid agreements within the State for reciprocal emergency aid and assistance
in case of emergencies too extensive to deal with unassisted.
The need for a statewide mutual aid agreement is based on conditions: 1) the State is vulnerable to a range of disasters likely to disrupt essential services and destroy infrastructure
needed to deliver those services; 2) disasters are likely to exceed the capability of any one local government to cope with existing resources; 3) disasters also may give rise to unusual
technical needs that local governments may not be able to meet with existing resources, but that other local governments may be able to offer; 4) the Emergency Management Act provides
local governments the authority to make agreements for mutual assistance in emergencies, and through such agreements to ensure the timely reimbursement of costs incurred by local governments
which render such assistance; and 5) under the Act, Florida Department of Community Affairs, through its Division of Emergency Management, has authority to coordinate assistance between
local governments during emergencies and to concentrate available resources where needed.
Commissioner Jonson moved to authorize the Mayor, on behalf of the City of Clearwater, to execute the “Statewide Mutual Aid Agreement, ” which allows for reciprocal emergency aid and
assistance in case of emergencies too extensive to be dealt with unassisted, and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried
unanimously.
The City Attorney presented Resolution #02-22 and read it by title only. Commissioner Jonson moved to pass and adopt Resolution #02-22 and authorize the appropriate officials to execute
same. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Gray, Hamilton, Jonson, Hibbard and Aungst.
"Nays": None.
ITEM #38 - First reading Ord # 6984-02 approving new gas utility rates to become effective for all billings on or after May 1, 2002. CGS
Staff recommends changes to the CGS (Clearwater Gas System) Fees, Rates and Charges section of Appendix A of the City’s Code to become effective for all billings rendered on or after
May 1, 2002. Current CGS gas rates and service charges have been effective since March 1, 1999. The primary intent of recommended revisions is to increase certain “Propane (LP) gas
service rates” and “Other miscellaneous gas charges” for ancillary services to reflect increases in labor and service costs to remain competitive. The secondary intent provides clarification
and minor editing of current rate ordinance language.
This recommendation is cost-based and responsive to competitive challenges expected in the foreseeable future. The rates reflect a fair allocation of expenses to appropriate customer
classes. Proposed rates will provide a more equitable structure to ensure CGS growth potential while providing an adequate return to the City, which helps offset ad valorem tax rates.
Commissioner Gray moved to approve new gas utility rates to become effective for all billings on or after May 1, 2002. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #6984-02 for first reading and read it by title only. Commissioner Hamilton moved to pass Ordinance #6984-02 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Gray, Hamilton, Jonson, Hibbard and Aungst.
"Nays": None.
ITEM #39 - First reading Ord #6918-02, revising Appendix A, 5% increase in Occupational License Fees, Code of Ordinances. DS
In 1995, under guidelines set up in State Statute 205.013, et seq. as amended by a law signed into effect in 1993, the City Commission adopted an ordinance that restructured and increased
the City’s Occupational License fees. The Commission appointed an Equity Study Commission, which reviewed the City’s Occupational License fee and made recommendation. Staff put those
recommendations into an ordinance and the City Commission adopted the ordinance.
Florida State Statute 205.0535 allows municipalities to increase their Occupational License fee tax rates by up to 5% every other year after the City’s 1995 ordinance reclassified and
revised the rate structure. Approval requires a majority, plus one vote of the governing
body. The first 5% increase was adopted in 1997, two years after the ordinance was adopted. Fees were last increased by 5% on February 3, 2000.
This item and associated ordinance accomplishes this task again, meeting the two-year provision. New rates will be effective on April 18, 2002. For FY (fiscal year) 2000/01, the
Development Services Department processed 9,000 occupational licenses with associated revenue of $1,804,880. This 5% increase will generate approximately $95,000 of additional revenue.
It was recommended a review of the occupational license fee schedule be requested in next year’s legislative package.
Commissioner Hibbard moved to revise Appendix A, Occupational License Fees, Code of Ordinances. The motion was duly seconded and carried unanimously.
The City Attorney presented Ordinance #6918-02 for first reading and read it by title only. Commissioner Hamilton moved to pass Ordinance #6918-02 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Gray, Hamilton, Jonson, Hibbard and Aungst.
"Nays": None.
ITEM #40 - Approve contract, Wolverine Property Investment Limited Partnership, a Delaware Limited Partnership, to purchase a portion of the Northeast 1/4 of the Southeast 1/4 of section
8-29S-16E, a/k/a Friendly Village of Kapok Mobile Home Park for $7,200,000 plus estimated environmental site assessment costs of $5,000, a current boundary survey at $2,500, estimated
2002 property and personal property taxes of $39,500, title insurance and other closing expenses of $76,500, for total estimated transaction costs of $7,323,500. PW
The June 1997 Comprehensive Watershed Management Plan for the Alligator Creek Watershed, developed cooperatively with Clearwater, Pinellas County, Safety Harbor and the SWFWMD (Southwest
Florida Water Management District), identified and prioritized the Kapok Wetland and Floodplain Restoration Project as the City’s top-ranked flood control project. The entire project
hinges on the purchase of the 37-acre Friendly Village of Kapok Mobile Home Park, most of which floods in 25-year and 100-year storm events. The purchase will allow implementation of
other flood control projects in the upstream reaches of the basin. In addition to improving water quality in Alligator Creek and thereby protecting Tampa Bay, an Estuary of National
Significance, S.W.I.M. Waterbody, and Outstanding Florida Water and Aquatic Preserve, the project will allow continuance of a linear park from the Long Center on Belcher Road to Tampa
Bay.
This purchase will require relocation of residents from approximately 200 mobile homes. The Commission awarded a $2,688,132 contract to HDR Engineering on November 15, 2001, to facilitate
resident relocation. The City contracted real estate appraisals on the subject property: 1) Frank A. Catlett, MAI, of Trigg, Catlett & Associates estimated market value $7.55-million
as of December 19, 2001 and 2) Alan D. Lane, MAI, of Colliers Arnold Valuation Advisory Services estimated market value at $7.1-million as of the same date. Staff as forwarded both
appraisals for review by FTC (Florida Communities Trust). It is anticipated FTC will reimburse the City up to $3.5-million of the purchase price if it approves the appraisals.
Closing of this transaction is contemplated not later than 40 days following the effective date of the contract, pending fulfillment of contract conditions by the parties. On November
15, 2001, the City Commission adopted Resolution #01-21, establishing the City’s intent to reimburse certain project costs incurred with future tax-exempt financing. The projects identified
with 2002 revenue bonds as a funding source were included in the project list associated with Resolution #01-21.
In response to a question, City Engineer Mike Quillen expected no problems in obtaining the grant. Staff was thanked for their efforts on this project, which addresses long time flooding
problems. It was stated the project is expensive but the City Commission is addressing this necessary part of the City’s infrastructure. The project will improve significantly the
quality of Tampa Bay water. It was stated the Manufactured Home Association has praised the planned resident relocation process, which will be fair.
Commissioner Gray moved to approve a contract, Wolverine Property Investment Limited Partnership, a Delaware Limited Partnership, to purchase a portion of the Northeast 1/4 of the Southeast
1/4 of section 8-29S-16E, a/k/a Friendly Village of Kapok Mobile Home Park for $7,200,000 plus estimated environmental site assessment costs of $5,000, a current boundary survey at $2,500,
estimated 2002 property and personal property taxes of $39,500, title insurance and other closing expenses of $76,500, for total estimated transaction costs of $7,323,500, and that the
appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously.
ITEM #41 - Approve Work Order with Parsons Engineering Science, Inc. of Tampa, an Engineer of Record, for the design and permitting for the Kapok Wetland and Floodplain Restoration Project
in the amount of $315,136. PW
The Kapok Wetland and Floodplain Restoration Project involves purchase of the 37-acre mobile home park and relocation of the residents, allowing for floodplain restoration, wetland
creation, habitat and water quality improvement, and recreation and educational facilities. The project, from Kapok upstream through Cliff Stephens Park to US 19N, will allow resolution
of flooding problems in the upstream reaches of the basin within County and City jurisdiction. Improvements in the upstream reaches of the basin cannot be implemented without exacerbating
flooding in the mobile home park.
The Unsolicited Offer to Purchase Friendly Village of Kapok has been executed by Wolverine Property Investment Limited Partnership, a Delaware Limited Partnership for $7,323,500, and
is being brought forward concurrently with this requested action.
SWFWMD has approved the Scope of Work developed by Parsons Engineering Science, Inc. for project design and permitting and committed $3-million in FY (fiscal year) 2002 and FY 2003
for design and construction. The $315,136 in design costs will be reimbursable at the start of construction.
Commissioner Hibbard moved to approve a work order with Parsons Engineering Science, Inc. of Tampa, an Engineer of Record, for the design and permitting for the Kapok Wetland and Floodplain
Restoration Project in the amount of $315,136, and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously.
ITEM #42 - Approve the advance of $5000 to HDR Engineering for the funding of Friendly Village of Kapok Mobile Home Park operations upon purchase of the park by the City, per the operating
procedures as set forth. FN
The City will be responsible for day to day operations of Friendly Village of Kapok Mobile Home Park immediately upon purchase of the property. HDR Engineering has been contracted
to act as the City’s agent in managing day-to-day operations, to include collecting rent payments and paying maintenance expenses. The Finance Department recommends opening a City bank
account in the amount of $5,000, with signature authority to HDR Engineering. The account will be titled “City of Clearwater DBA Friendly Village of Kapok Mobile Home Park”. HDR Engineering,
as the City’s agent, will deposit rent checks and pay bills for the park operations from this account. Any monies in excess of $5,000 will be transferred automatically on a daily
basis from the account into the City’s general operating account by BankofAmerica. Staff will have on-line access to this account and will monitor activity on a daily basis.
In response to a question, Finance Assistant Director Jay Ravins said funds are budgeted beyond this initial advance.
Commissioner Hamilton moved to approve use of a City bank account, with signature authority to HDR Engineering, in the amount of $5,000 for the day-to-day operations of Friendly Village
of Kapok Mobile Home Park upon purchase of the park by the City, and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously.
ITEM #43 - Approve a contract to purchase real property legally described as Lot 1, The Clearwater Collection Second Replat, according to the plat thereof, Public Records of Pinellas
County, Florida, commonly known as 21870 U.S. Highway 19, from Home Depot USA for $3,925,000, authorize acceptance of the deed. PR
The City plans to construct a Community Sports Complex that will host Philadelphia Phillies spring training and other City special events, and has evaluated sites. Initially, the complex
was to be located on property acquired from St. Petersburg College until geo-technical tests indicated cavities and voids in the underlying limestone, which would increase construction
costs significantly. That consideration along with concerns of nearby residents and landfill issues led the City and Phillies to agree mutually to seek another location.
The property known as the Home Depot site, in the Clearwater Collection Shopping Center, was considered immediately as an alternative location due to its increased visibility, access
to US 19N, and its location directly behind the Carpenter Training Complex. A property appraisal, performed by Suncoast Appraisers on January 30, 2002, valued the subject property at
$3,152,000. A second appraisal, performed by James Millspaugh & Associates, Inc. on February 5, 2002, valued the subject property at $3,350,000. Both appraisals considered the overpass
to be constructed on US 19N at Drew Street. Staff believes the parcel’s value to the proposed project justifies the purchase price as provided in the subject contract. Closing of this
purchase is anticipated on or about August 30, 2002.
Funding for the $3,925,000 purchase: 1) $1.7-million - potential additional bonding proceeds above previous estimates; 2) $1.5-million - reduction in City’s participation of the capital
portion of this project, agreed by the Phillies; 3) $475,000 - remaining in capital project; and 4) $250,000 - City site work now included in construction scope.
The City and Home Depot have agreed to a contract provision that allows for $75,000 of the purchase price to be held in escrow and returned to the City with interest, when presented
with evidence of the purchase of $250,000 in miscellaneous materials from Home Depot in conjunction with construction of the stadium. This provision results in a final purchase price
of $3,850,000 for the Home Depot property. The Phillies have agreed to facilitate this provision and assist the City in obtaining the lower purchase price from Home Depot. This issue
will be addressed formally with the Phillies in the upcoming amendment to the Development Agreement.
The amount of proceeds from the bond issue depends on the bond market. Should the bonds not yield the anticipated proceeds after deducting issuance cost, the Parks and Recreation Department
will bring forward an agenda item requesting supplemental funding from another source.
It was stated future growth of the City will not affect the proposed location’s central location. It was pledged the City will control traffic flow away from nearby neighborhoods.
It was stated the City’s economy depends on tourism, with this item a top priority.
Commissioner Gray moved to approve a contract to purchase real property legally described as Lot 1, The Clearwater Collection Second Replat, according to the plat thereof, Public Records
of Pinellas County, Florida, commonly known as 21870 U.S. Highway 19, from Home Depot USA, Inc., for $3,925,000, authorize acceptance of the deed, and that the appropriate officials
be authorized to execute same. The motion was duly seconded and carried unanimously.
ITEM #44 - Two (2) Parks & Recreation Board Appointments CLK
Commissioner Hamilton moved to reappoint Sarah Wiand and Stephen Swanberg. The motion was duly seconded and carried unanimously.
ITEM #45 - Other Pending Matters – None.
CITY ATTORNEY REPORTS
ITEM #46 - Other City Attorney Items – None.
ITEM #47- City Manager Verbal Reports
The City Manager said a Commissioner has some fundamental differences with proposed Community Development Code amendments that may result in delay of first reading. Consensus was to
discuss the issues at the next Work Session to see if they can be resolved.
City Manager thanked the City Commission for staying the course on the Phillies project.
ITEM #48 - Commission Discussion Items
a) Transportation Impact Fee Update (Gray)
Commissioner Gray, the Commissioner’s MPO (Metropolitan Planning Organization) representative, stated the MPO reviews the transportation impact fee every two years. MPO suggestions
have been to increase the current fee by 64%, to increase rates by 15% a year for each of two years, to allow monies generated in one district to be spent in another district if a benefit
to the originating district can be shown, and to consider impacts to rights-of-way. Staff to provide examples of rights-of-way impacts.
Assistant City Manager Ralph Stone said monies available from the fee are dwindling as the City and County are built out. He recommended this fee be phased out, as it is a disincentive
for redevelopment as Pinellas County has higher impact fees than most other
Florida communities. It was noted the Chamber of Commerce Government Affairs Committee supports phasing out the fee if another funding source can be found.
Consensus was for Commissioner Gray to express the Commission’s opposition to a Transportation Impact Fee increase, and to recommend the MPO develop a plan to sunset the fee in the future
and identify an alternative funding source.
Commissioner Gray thanked Keith Curry for serving as Clearwater’s representative to the MPO Citizens Advisory Committee.
b) Request to attend Tampa Bay Partnership Leadership Conference (Gray)
Commissioner Gray requested approval to attend the Tampa Bay Partnership Leadership Conference scheduled for May 20 – 21, 2002. It was stated all City officials are encouraged to attend
and several members expressed interest. It was questioned if a reduced rate was available for attending only one day.
Concern was expressed the travel budget is limited. The City Manager said money set aside in a Special Project fund during budget approval could be tapped if the Commission’s travel
budget is exhausted. Travel budget practices of other cities and the possibility of each Commissioner having a separate travel budget can be discussed during the upcoming budget process.
Consensus was to approve attendance at the Tampa Bay Partnership Leadership Conference for Commissioners Gray and Jonson on May 20 - 21, 2002, with Commissioner Gray being provided
lodging expenses and Commissioner Jonson commuting.
Commissioner Jonson expressed his desire to attend the Suncoast Municipal League Conference, May 30 – June 1, 2002. Commissioner Hamilton said he would like to attend also, but would
not need lodging.
Consensus was to approve attendance at the Suncoast Municipal League Conference for Commissioners Jonson and Hamilton on May 30 - June 1, 2002, with Commissioner Jonson being provided
lodging expenses.
c) Cleveland Street Rail Road Crossing (Aungst)
Public Works Administrator Mahshid Arasteh said according to CSX and FDOT (Florida Department of Transportation), repairs of the Cleveland Street Rail Road crossing will begin on May
6, 2002, following Fun ‘N Sun activities.
It was noted City construction projects planned during the next three years, to include construction of the Memorial Causeway Bridge, the Main Library, and streetscaping on Mandalay,
will cause traffic delays. Ms. Arasteh said staff will try to schedule most road closures at night. It was recommended educational efforts take place soon.
ITEM #49 - Other Commission Action
Commissioner Hibbard and Mayor Aungst thanked Paint Your Heart Out Clearwater participants for their hard work.
Commissioner Hibbard welcomed Jerry Tidwell, new pastor at Calvary Baptist Church.
Commissioner Gray requested residents drop off donations of clothing, shoes, nonperishable food, etc. this week, on April 6, 2002 at City Hall, and at concerts on April 5 and 6, 2002,
to benefit 211, run by Pinellas Cares. Volunteers are welcome.
Commissioner Jonson and Mayor Aungst wished Jack Alvord a speedy recovery.
Commissioner Jonson reported attending the school volunteer presentation this week at Ruth Eckerd Hall, which honored the City Manager as a senior volunteer at Clearwater High School.
The Mayor’s son, Brian, also was recognized.
Commissioner Jonson encouraged Commissioners to view a tape of yesterday’s DDB (Downtown Development Board) meeting, where the speaker encouraged cities to value their history and care
for the environment.
Commissioner Jonson presented photographs, showing the aesthetic differences between a strip shopping center and a retail area that reflects more of a traditional downtown. He also
presented a photograph of the newly completed landscaping project at Countryside Mall and thanked the mall management for their efforts in this regard.
Commissioner Hamilton said Spring Training is over and the teams have begun their regular season.
Mayor Aungst said on April 5, 2002 at 11:00 a.m., he will attend the national unveiling of the Longleaf Pine Forest Stamp Pane at the Harborview Center.
Mayor Aungst said the Clearwater Phillies Opening Night is on April 5, 2002 at 7:00 p.m.
Mayor Aungst said a concert scheduled for Coachman Park on April 5, 2002, will feature Jars of Clay.
Mayor Aungst said the Freebie Weebie Concert at Coachman Park is scheduled for April 6, 2002.
Mayor Aungst said the City will honor Friends of the Library volunteers at a tea at the East Library on April 7, 2002.
Mayor Aungst said Commissioners will be attending the April 11, 2002, Employee Achievement Awards Lunch at the Harborview Center.
Mayor Aungst wished speedy recoveries to Bob Brumback and Tim Garvey.
Mayor Aungst announced the next Work Session is on April 15, 2002 at 9:00 a.m.
Mayor Aungst thanked the Teals for addressing the City Commission tonight.
ITEM #50 - Adjournment
The meeting adjourned at 8:44 p.m.