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CITY COMMISSION MEETING CITY OF CLEARWATER October 3. 2002 Present: Brian J. Aungst Whitney Gray Hoyt P. Hamilton William C. Jonson Frank Hibbard Mayor/Commissioner Vice"Mayor/Commissioner Commissioner Commissioner Commissioner Also present: Garry Brumback Ralph Stone Pamela K., Akin Cynthia E. Goudeau Brenda Moses , Assistant City Manager Assistant City Manager City Attorney City Clerk Board Reporter The Mayor called the meeting to order at 6:04 p.m. at City Hall. The invocation was offered by Rabbi Arthur Baseman, Temple B'nai Israel. The Mayor led the Pledge of Allegiance. ' To provide continuity for research, items are in age'nda order although not necessarily discussed in that order. ITEM #3 - Introductions and Awards: a. Proclamation: Public Natural Gas Week - October 6-12,2002 b. Proclamation: Put the Brakes on Fatalities Day - October 10, 2002 ITEM #4 - Presentations: a. Nagano Trip Report Linda Damsky, Program Coordinator, gave an overview of the process, schedule, and itinerary for the Nagano trip. Students who were selected to go on the trip spoke about what the trip meant to them. b. American Rose City Award to Mayor " .. Russ Bowermaster, Chair of the Deep South District Rose Convention, presented the Arnerican Rose City Award to the Mayor. c. Taste of Clearwater Best of Taste and Best Themed Booth Awards The Best of Taste Award was presented to Shepards and Island Way Grill. The Best Themed Bc\oth Award was presented to Ward's Seafood. ITEM #5 - Approval of Minutes - ReQular Me~tinQ September 19. 2002 , Commissioner Gray moved to approve the minutes of the regular meeting of September 19, 2002. as recorded and submitted in written summation by the City Clerk to each Commissio.ner. The . motion was duly seconded and carried unanimously. me::;. 1 Oa02 l' ,10/03/02 , I '~ .. I ~. . >\ . t :,' " . . . . ITEM #6 - Citizens to be heard re items not on the Agenda Socretes Pimedes said Clearvvater has its own opera company at Royalty Theater. Jack Alvord reported on progress at environmental park. David Little suggested when time on parking meters expire, a 15-minute warning be issued prior to a ticket. ' John Doran said the roundabout is working fine. This is the time of year when it's Clearwater's beach. There are paved streets on Clearwater beach and plenty of things to do., Jav Keves reported the leftovers from Taste of Clearwater were donated to Tampa Bay Harvest and were much appreciated. , ITEM #7 - Public Hearing & First Reading Ordinance 7020-02 to vacate the Southerly 5 feet of the 10 foot drainage and utility easement lying along the north property line of Lot 16, Countryside Tract 60, (AKA 2880 Meadow Wood Drive), as recorded in Plat Book 80, Pages 78-81, of the Official Records of Pinellas County, Florida. (V2002-09 Dohrman-Wood) The applicant is seeking vacation of the south 5 feet of the 10-foot drainage and utility easement and proposes to construct an in-ground swimming pool and pool deck in the subject easement portion. The applicant received flex standard approval on September 12, 2002 from the Development , Revi~w Committee to permit the pool/pool deck closer than the required 10 feet setback from the rear property line as required by the Community Development Code. Florida Power Corp., Time Warner Communications, Verizon Media Ventures and Verizon have no objections to the vacation requested. No City utilities are present in the easement portion. Pubic Works Administration has no objections to ~.he vacation request. Commissioner Jonson moved to approve vacation of the Southerly 5 feet of the 10 foot drainage and utility easement lying along the north property line of Lot 16, Countryside Tract 60, (AKA 2880 Meadow Wood Drive), as recorded in Plat Book 80, Pages 78-81, of the Official Records' of Pinellas County, Florida. The motion, was duly seconded and carried unanimously. The City Attorney presented Ordinance #7020-02 for first reading and read it by title only. CClmmissioner Hamilton moved to pass Ordinance #7020-02 on first reading. The motlon was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson. Hibbard, and Aungst. "Nays": None. mcc10a02 2 1 0/03/02 . . . ITEM #8 - Public Hearing & First Reading Ordinance 7021-02 to vacate the 15-foot alley that lies along the west property line of Lots 11 and 12, Block 48, Mandalay Subdivision, (AKA 908 and 914 Narcissus Avenue), as recorded in Plat Book 14, Pages 32-35, of the Official Records of Pinellas County, Florida, and vacate the alley lying along the south property line of Lot 12, bounded on the east by the west right-of-y.'ay line of Narcissus Avenue and bounded on the west by a line 15 feet west of and parallel to the west property line of said lot 12. (V2002-10 Epley) The applicant proposes to construct a privacy fence in the vacated alley portions adjacent to Lot 12. The subject alley portions are unimproved and no city utilities are present. Florida Power has o\/erheadpower lines in, the north-south alleyway portion and does not object to the vacation request if a utility easement is retained over the full width of the alley. Time Warner Communications, Verizon Media Ventures and Verizon have no objections to the vacation requested. No City utilities are present in the subject alley portions. Public Works Administration has no objections to the vacation request. Commissioner Hibbard moved to approve vacation of the 15-foot alley that lies along the west property line of Lots 11 and 12, Block 48, Mandalay Subdivision, (AKA 908 and 914 Narcissus Avenue), as recorded in Plat Book 14, Pages 32-35, of the Official Records of Pinellas County, I Florida, and vacate the alley lying along the south property line of Lot 12.' bounded on the east by the west right-of-way line of Narcissus Avenue and bounded on the west by a line 15 feet west of and parallel to the west property line of said Lot 12. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #7021-02 for first reading and read it by title only. Commissioner Hamilton moved to pass Ordinance #7021-02 on first reading. The motion was duly seconded and upon roll call.' the vo'te was: ' "Ayes": Gray, Hamilton. Jonson, Hibbard, and Aungst. "Nays": None. Public Hearing - Second Reading Ordinances ITEM #9 - Ordinance 7003-02 - Annexing property located on the east side of South Bavview Drive and on the north and south sides of PenmarDrive, north of Old Tampa Bay, 'consisting of a portion of Tracts Band C, Myron Smith's Bayview Sub, whose post office address is 3024, 3018, and 3022 pemmar Drive, 721 and 723 Bayview Avenue, together with that portion of the southerly 275 feet 'of South Bayview Ave, into the corporate limits of th,e City and redefining the boundary lines of the City to include said addition. (OUf Lady of Divine Providence ANX 2002-05007) , The City 'Attorney presented O~dinance #7003-02 for second reading and read it by title only. One person spoke in opposition. In response to a question, City Attorney Pam Akin said the City does not need an engineer's signatur~ stating the intersection w,ould be safe. The City has ~o liability. mcc 1 Oa02 3 1 0103/02 - I'" "'4 . ~.;' >:" . " . . . . Commissioner Jonson moved to pass and adopt Ordinance #7003-02 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 #10 - Ordinance 7004-02 - Amendina the Future Land Use Plan Element of the Comprehensive Plan of the City to change the Land Use Designation for certain real property designating initial land use category for annexed property located on the east side of South Bayview Dr and on the north and south sides of Penmar Dr, north 'of Old Tampa Bay, consisting of a portion of Tract Band C, Myron A. Smith's Bayview Sub, whose post office address is (multiple addresses) from Residential Low (RL) to Institutional (I). (Our Lady of Divine Providence LUZ 2002-05006) (To be continued) AND ITEM #11 - Ordinance 7005-02 - Amending the Zonina Atlas of the City bv rezoning certain property designating initial zoning for annexed property located on the east side of South Bayview Dr and on the north and south sides of Penmar Dr, north of Old Tampa Bay, consisting of a portion of Tract B and 'C,' Myron A. Smith's Bayview Sub, whose post office address is (multiple addresses) from Low Density Residential (LDR) to Institutional (1). (Our Lady of Divihe Providence LUZ 2002-05006) (To be ' continued) The City Attorney said the titles for Items #10 and #11 were incorrect and the items should be tabled. Commissioner Gray moved to table Items #10 and #11. ,The motion was duly,seconded and carried unanimously. , , ITEM #12 - Ordinance 7009-02 - Third Quarter Amended Operatinq Budaet for FY endinq September 30,2002. ' The City Attorney presented Ordinance #7009-02 for second reading and read it by title only. Commissioner Hibbard moved to pass and adopt Ordinance #7009-02 on second and fin. a I reading. The motion was duly seconded and upon roll 'call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard and Aungst. "Nays": None. IT~M #13 - Ordinance 7010-02 - Third Quarter Amended CIP Budget for FY ending September 30, ,2002.' . The City Attorney presented Ordinance #7010-02 for second reading and read it by title' onlly. Commissioner Hamilton moved to pass and' adopt Ordinance #7010-02 on second and finial reading. The motion. was duly seconded and upon roll call, the vote was: "Ayes" : Gray, Hamilton, Jonson, Hibbard and Aungst. , "Nays": None. rnc:=10a02 4 10103/02 . . :.,. I , " , , .: '" , .. l ' 'J 'I" ., ."' . ~. ' . ~ . , . . ' . ...' '. ! " I . ' : . .. I ' ";. , .' I > , ..', ......,. .' . \ .. . ~'",.. , . . .. ITEM #14 - Ordinance 7014-02 - Vacate the drainaQe and utility easements retained over the vacated portions of Park Street and Ewing Avenue as described in Exhibit tlA" and vacate that part of the utility easement retained over the north 10 feet of the vacated alley lying adjacent to the south property line of Lot 9, Tack and Warren Sub. (V2002-11 City of Clearwater) The City Attorney presented Ordinance #7014-02 for second reading and read it by title only. Commissioner Jonson moved to pass and adopt Ordinance #7014-02 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 - Ordinance 7036-02 - Increase the City's contribution to the City of Clearwater's Money Purchase Plan from 60/0 to 80/0 for all members except the City Manager, City Attorney, and Police Chief, and to increase the City's contribution for the Police Chief from 12% to 14%, effective October 1 , 2002 The City Attorney presented Ordinance #7036-02 for second reading and read it by title only. Commissioner Gray moved to pass and adopt Ordinance #7036-02 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 #16-22) - Approved as submitted. ITEM #16 - Authorize the City of Clearwater to enter into aQreements with Subrecipients that were approved allocations during the FY2002-03 Consolidated Action Plan funding cycle. Also, authorize the City enter into agreements for amounts under $50,000 for those organizations that did not receive funding allocations during FY2002.,03 Consolidated Action Plan process should additional funds become available. ITEM #17 - Approve acceptance of grant fundina in the amount of $'34.510 from the State of Florida, Office af the Attorney General, 2002/2003 Victims of Crime Act (VOCA) Grant Program. , , ' ITEM #18 - Accept orant and approve the carrespondinq aareement from the Florida Department of Transportation totaling $62,065 for 1000/0 funding FY 03 for a Pedestrian Bikeway Coordinator and ,75~/o funding in FY 04 and 500/0 funding in FY 05, and establish one FTE. ITEM #19 - Award a contract to Automated Presort. Inc.. Tampa. Florida in the amount of $400,000 (estimated) from November 1,2002 to October31 , 2003, for mail processing services and postage for the City of Clearwater. ' ' ITEM #20 - Ratify & Confirm Chanoe Order #2 and Final in the amount of $24,947 to Angle & Schmid. Inc. of 51. Petersburg for the construction of the Consolidated Laboratory (99-0042-UT) mc..'"; 1 Oa02 5 10/03/02 . . . ITEM #21 - Approve the final plat for "Clearwater Villas One and Two" located at the Southwest corner of Missouri Avenue and Druid Road. ITEM #22 - Authorize appeal of circuit court's award of fees and costs in Jeffrey Arthur Jones Corp. v. Oakhurst Construction Co.. Inc. v. City of ClealVlater. 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 #23 - Approve a work order to Parsons Enqineering Science. Inc. an Engineer of Record. to provide engineering design and permitting services for the Glen Oaks Stormwater Management Project for the sum of $649,792. This project is the highest ranked capital improvement project for the Stevenson Creek Watershed Management Plan. The project consists of two stormwater management areas totaling, approximately 22 acres in size. It will provide flood protection from a 1 DO-year design storm for 33 structures (78 dwelling units) within the middle Stevenson Creek Basin, create approximately seven acres of vegetated wetland habitat, and provide water quality treatment for 1,193 acres of drainage area. In addition, the project will reduce the rates of downstream creek erosion and sediment deposition. The Chi Chi Rodriquez Youth Foundation has an agreement with the city regarding the operation and maintenance of the course through March 1, 2010. Stormwater improvements to this site prior to, March 1, 2010 will have an impact on this lease. There is a provision in the lease that , allows the City to terminate the le'ase for any municipal purpose consistent with City Charter by giving one (1) year written notice to the foundation. A public meeting was held at the Glen Oaks Golf Course on August 29, 2002. Approximately 30 people attended and expressed their opinions. While most did not want to see changes, many felt that if changes were made a park with trailhead would be nice. Some of the concerns were regarding so.ccer field lights and possible noises from soccer use. Other concerns included increased transient issues due to no golf course. The City of Clearwater Real Estate Services Coordinator, estimates the property value of the Gl.an Oaks Golf Course at $1,360,000, which is 1.9 times its current $716,100 tax assessed value. The 'appraised land value will be used to offset the Parks and Recreation design and construction pOlltion of the project. ' Total estimated project construction cost is $4,384.490 with $2.611.896 for the Stormwater portion anc::i $1,772,594 for the Parks and Recreation improvement portion. , . Sufficient budget and 02 Stormwater Revenue Bond proceeds are available in project 377- 96 i 44, Stevenson Creek Implementation Phase I. to fund this work order. The project design is estimated to take one year to complete from the notice to proceed date anc the construction phase is estimated to take one year from the time plans are complete. Ten persons spoke regarding this item. Concerns included: 1) lack of public notification; 2) safety in the neighborhood; 3) noise and bright lights after dark; 4) hours of operation; 5) parking; 6) the small golf course should remain and 7) decreased property values. In response to a question, Parks and Recreation Director Kevin Dunbar said this property is a 13-acre dry retention pond with limited possibilities for development. Staff explored alternative uses mcc 1 Oa02 G 10103/02 . . for this site and feels as there is a high demand for soccer fields, they are the most practical use of this property. Appropriate signage in the neighborhood to advertise public meetings regarding this project included a flashing sign on Court Street and a notice placed in the local newspaper. Mr. Dunbar said the lights on the soccer fields would automatically turn off a\.9:00 p.m. Activity on the fields would prevent homelessness. ' Assistant Director of Engineering Al Carrier said this project would cleanse the stormwater, improving the water quality for boaters and anglers. It will trap sediment and prevent pollution that ends up in the estuary. It was remarked that currently, there is no problem with vagrants at this site. This project was originally a stormwater treatment project and the park is an added bonus for the , neighborhood Mr. Carrier said the watershed plan has been on the City's website since August 2001 and can still be found under the Engineering Department's homepage. The project has been publicized and supported several times by the St. Petersburg Times. He said the City is striving to remove homes from the 1 OO-year flood plain as stated in the Comprehensive Plan. Although homes in the Glen Oaks Subdivision have not flooded, this project would alleviate flooding for 78 homeowners upstream from the Glen Oaks Subdivision. In response to a question, Mr. Dunbar said soccer organizaHonsare assigned fields for play in accordance to signed agreements with the City. There are three or four fields in, ClealVlater that are designated "open play" fields. The majority of fields require scheduling and a permit. He said the Glen Oaks Go'f Course does not receive much business and is a small Par 63 course. He said when the new soccer fields are constructed, a total of 120 parking spaces would be constructed to support both fields and prevent on-street parking. Mr. Carrier said a public meeting would be held regarding the project at the 300/0 design stage. He said trees would be saved and landscaping added to buffer the fields from the neighborhood. Activity would be monitored to determine if increased police patrols would be necessary. The fields , would be fenced to control access. In response to a question, Mr. Carrier said the fields would be 15 feet below grade. Discussion ensued and it was felt that as a public meeting would be held at the 300/0 design stage, it was imperative for the stormwater aspect of the project to move forward. It was remarked that the neighborhood and citizens who spoke tonight need to be notified of that meeting. Commissioner Gray moved to approve a work order to Parsons Engineering Science. Inc. an Engineer of Record, to provide engineering design and permitting services for the Glen Oaks Stormwater Management Pr9ject for the sum of $649,792 and the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. The meeting recessed from 8: 19 to 8:28 p.m. ITEM #24 - Adopt Resolution #02-46 to approve the transfer of the franchise to operate a cable television system in the City of Clearwater from Time Warner Entertainment-Advance/Newhouse Partnership to a wholly-owned subsidiary and management, TWEAN (Time Warner Entertainment Advance Newhouse) Subsidiary, LLC. The Mayor stated ,he had a conflict and recused himself from discussion. . On November 21, 1996. the City of Clearwater adopted Ordinance #6108-96, granting a cable franchise to Time Warner Entertainment - Advance/Newhouse Partnership (d/b/a Time Warner mcc 1 Oa02 7 10103/02 . . Communications). The Ordinance granted the use of the City of Clearwater rights.of~way for a term of fifteen (15) years. Time Warner Communications submitted documents. dated July 18. 2002, to the City of Clearwater requesting approval of the transfer of the cable franchise to a wholly~owned subsidiary of Time Warner Entertainment~Advanced/Newhouse, enabling Advance/Newhouse to take a more active role in the daily management of the cable system. Per the docum,ents submitted. the transfer should have no significant impact on the cable system within Clearwater including the decentralized management structure. The local management and staff will remain the same, but will become employees of Advance/Newhouse. Customers will not see,any changes in customer service, the commitment to continue high~quality programming choices, or the provision of new services. Commissioner Hibbard moved to approve the transfer of the franchise to operate a cable television system in the City of Clearwater from Time Warner Entertainment~Advance/Newhouse ' Partnership to a wholly~owned subsidiary and management, TWEAN (Time Warner Entertainment Advance Newhouse) Subsidiary, LLC. The motion was duly seconded and carried unanimously. . The City Attorney presented Resolution #02~46 and read it by titre only. Commissioner Hamilton moved to pass and adopt Resolution #02.46 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll, the vote was: "Ayes": Hamilton, Gray, Jonson, and Hibbard. "Nays": None. Abstained: Aungst. ITEM #25 - First Reading Ordinance #6935~02 amendinQ the building code requirements to provide regulations for construction of buildings to support adequate radio coverage for, City Emergency Service Workers. including Firefighters and Police Officers. (T~ be ~ontinued) , This' item was pulled. ITEM #26 ~ Other Pending Matters - None.' CITY ATTORNEY REPORTS ITEM'#27 - Other City Attornev Items ~ None. ITEf..' #28 - City Manager Verbal Reports a. November 4 Worksession conflict with TBRC The City Clerk said there is a TBRC meeting the same day as the November 4 Clearwater City Worksession. Consensus was to reschedule the November 4. 2002. Worksession to 1 :00 p.m. JTE".' #29 - Commission Discussion Items '. The City Manager reported concern has been expressed regarding the 'lack of median cuts on the '.~,andalay streetscape project. Public Works ~dmi':1istrator Mashid Arasteh provided a history of . , mcc10a02 8 10/03/02 . . . the project. She said 27 public meetings were held. Designs after 1997 showed the median had no cuts. As construction is nearly 50'% complete and the medians have already been constructed, she felt it would be 'costly to incorporate median cuts at this stage. She said it also would prolong the project. In response to a question, Assistant City Manager Ralph Stone said in order to make this area "a great pedestrian place" the original design was for two traffic lanes with wide sidewalks, generous landscaping, traffic calming, and parking on both sides of the street. When the Commission made a decision to retain 4 traffic lanes a compromise design was developed. Discussion ensued regarding the intent of the project. Concerns were expressed that the lack of curb cuts was not fully understood. Concerns were also expressed regarding theimpact on tourists and businesses in the area. Assistant City Manager Garry Brumback said appropriate signage would be incorporated into the project. In response to a question, Ms. Arasteh estimated the requested change could cost $20,000 - 530,000 and set the project back further, possibly into Spring Break. Concern was expressed that incorrect information regarding granting a curb cut had been given to a business owner. City Manager Bill Horne said that business owner has been informed that he was given premature information, and that a final decision had not been made by the Commission. It was remarked that staff is working with another business owner regarding access to and from his parking lot. Consensus was that the project should continue as designed. a. City Manager Evaluation The Mayor and Commission evaluated the City Manager on his performance over the past year, stating overall he is doing an outstanding job. ' b. City Attorney Evaluation The Mayor and Commission evaluated the City Attorney on her performance over the past year. stating they were pleased with her excellent performance. 11 ~~, #30 - Othet Commission Action Commissioner Jonson complimented the Beach Association for their meeting. He said South Clear\vater Citizens for Progressive Action Say No to Drug March was excellent. He attended Safety Viillage Open House. He said next week is Commuter Choices week and urged everyone to use PSTA and other modes of transportation. Commissioner Hamilton said this year's Taste of Clearwater was outstanding. He acknowledged Jay Keyes and Tampa Bay Harvest for their efforts in donating the leftover food to chtarity. He said this Saturday is Make a Difference FishingTournament at Pier 50~ Mavor AunQst congratulated Kristi Cottier qf CGS 'and the committee for efforts with Taste of C1fearw~ter. He thanked Clearwater Housing and sponsors for seminar last Saturday on lending and Hr:Jmeownership. He thanked everyone involved in the South Clearwater Progressive Action C(:lmmittee's Say No to Drugs march. He thanked Marion Rich and committee and the Morton Plant ,Mease Foundation for participation in Caring Times Luncheon regarding breast cancer awareness, la!:;: Wednesday. He reminded everyone that October 5 is Make a Difference Fishing Tournament at PiF-!750; October 5 from 10 am to 12 noon is a tour and Public Meeting at the former Clearwater Mall rr:c::: 1 Oa02 9 10/03/02 ,',. ,~. . ""~'..' . . ":..' '" I,~:.....I.'L .1 'f, r~"'.')' ""':' 'j',I.,' .;~~. ~.,". '. >..!...._~,L ',. ..... ,'" .~.:~,!. ."....~.. ",' ." .:.... l"j. ..... ....r...:.~:.~.- . . " . site; Animal Planet is at Coachman Park this Saturday and Sunday to educate people about a'nimal rescue, etc.; a town meeting at Countryside Recreation Center is scheduled for October 9 at 7 p.m.; October 11 at 9:00 am is the Belle Harbor groundbreaking; and the Jazz Holiday is October 17 - 20. 'He wished Denise Wilson, Assistant to City Manager a Happy Birthday. He congratulated his son on his election to student senate. He said the Mayor's Council is October 31 and a joint' meeting with the , County Commission is scheduled for 10:00 am. The groundbreaking for the new sports complex is October 16. The Am,erican Heart Walk is October 13 at Troplcana Field. He said it was good to see neighbors come' out to tonight's 'meeting. ' City Clerk Cvndie Goudeau reminded everyone the October 17 Commission meeting begins at 5:00 p.m. ' , ITEM #31 - Adiournment rhe meeting adjourned at 9:58 p.m. ~~? Cit ler~' , L,{1 D~ ,~ , I, mcc10a02 , i " 10 " I " ", , , , 1 0/03/02'