10/21/2004
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CITY COUNCIL MEETING
CITY OF CLEARWATER
October 21, 2004
Present: Brian J. Aungst
Frank Hibbard
Hoyt P. Hamilton
William C. Jonson
Carlen Petersen
Mayor
Vice-Mayor
Councilmem ber
Councilmember
Councilmember
Also present: William B. Horne II
Garry Brumback
Pamela K. Akin
Cynthia E. Goudeau
Patricia O. Sullivan
City Manager
Assistant City Manager
City Attorney
City Clerk
Board Reporter
The Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation was
offered by Reverend Jay Sloan, Central Church of the Nazarene. The Mayor led the Pledge of
Allegiance.
To provide continuity for research, items are in agenda order although not
necessarily discussed in that order.
4 - Introductions and Awards
4.1 2004 International Economic Development Council ProQram Award
Acting Economic Development Director Geri Campos presented the City Council with
the 2004 International Economic Development Council Program Award for the Economic
Development Department's special purpose brochure for the Jack Russell Stadium RFP
(Request for Proposals).
4.2 2003 Life Safety Achievement Award - Chief Jamie Geer
Fire Chief Jamie Geer presented the City Council with the Fire Department's 2003 Life
Safety Achievement Award for zero residential fire deaths.
5 - Presentations:
5.1 Jazz Holiday Appreciation
Jane Olds presented the City with a poster and each Councilmember with a plaque in
appreciation of their support of Jazz Holiday and thanked staff for their efforts.
5.2 Thank yOU for support of Clearwater Classic - Bud Elias
Bud Elias presented the City Council with a plaque thanking them and staff for their
support of the premier Clearwater Classic bicycle race event.
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5.3 NeiQhborhood of the Quarter Presentations
. Neighborhood of the Quarter Award for Fall 2004 was presented to the Old Clearwater
Bay Neighborhood Association. Home of the Quarter Awards for Fall 2004 were presented to
Robert Ham of 1254 Franklin Street, Teri Anello of 1429 Ambassador Drive, and the Hampseys
at 1031 Bay Esplanade, and was announced for Scott Crellin at 212 Richards Avenue.
6 - Approval of Minutes
6.1 City Council - October 7. 2004
Councilmember Peterson moved to approve the minutes of the October 7, 2004,
meeting, as recorded and submitted in written summation by the City Clerk to each
Councilmember. The motion was duly seconded and carried unanimously.
7 - Citizens to be Heard re Items Not on the Agenda: - None.
Public Hearings - Not before 6:00 PM
8 - Administrative public hearings
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8.1 Approve applicant's request to vacate Harold Court street rioht-of-wav from the west
property line of Lot 10. Block 20. Maonolia Park to a line parallel to and 20 feet west of the east
property line of Lot 10. Marshall and Brandons, (AK.A 608 - 611 Harold Court), subiect to
retainino a drainaoe and utilitv easement over the full width of the rioht-of-wav to be vacated,
and pass Ordinance #7347-04 on first readino, (VAC2004-14 Harold Court Villas. LLC).
The applicant seeks this vacation to utilize the vacated right-of-way as part of an 18-unit
townhouse development to be known as Harold Court Villas. Progress Energy, Verizon,
Knology and Brighthouse Cable have no objections, provided that the right-of-way is retained as
a drainage and utility easement.
Presently, the City has gas, water and sanitary sewer facilities in the right-of-way portion
to be vacated. Public Works Administration has no objections to the vacation request provided
that a drainage and utility easement is retained over the full width of the right-of-way to be
vacated.
Councilmember Hamilton moved to approve the applicant's request to vacate Harold
Court street right-of-way from the west property line of Lot 10, Block 20, Magnolia Park to a line
parallel to and 20 feet west of the east property line of Lot 10, Marshall and Brandons, (A K.A
608 - 611 Harold Court), subject to retaining a drainage and utility easement over the full width
of the right-of-way to be vacated. The motion was duly seconded and carried unanimously.
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Ordinance #7347-04 was presented for first reading and read by title only.
Councilmember Jonson moved to pass Ordinance #7347-04 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Hibbard, Hamilton, Jonson, Petersen, and Aungst.
"Nays": None.
8.2 Approve the applicant's request to vacate Wilson Boulevard street riaht-of-way from the
south riaht-of-way line of Sedeeva Street to the westerly extension of the south property line of
Lot 22, Block "B". Floridena Subdivision, (AK.A 1071 Sedeeva Street). subiect to the retention
of a drainaae and utility easement over the full width of the riaht-of-way to be vacated. and
approve Ordinance #7348 on first readina. (VAC2004-15 Lindahl/Powers).
The applicants own the adjoining properties located on either side of the subject right-of-
way. The subject street portion is unimproved and both of the applicants propose to use the
right-of-way as a way of expanding their yards. Progress Energy, Verizon, Knology and
Brighthouse have reviewed the vacation request and have no objections, provided that the right-
of-way is retained as a drainage and utility easement.
Presently, the City has water and sewer facilities in the right-of-way portion subject of
this request. Public Works Administration has no objections provided that a drainage and utility
easement is retained over the full width of the street right-of-way to be vacated.
Councilmember Petersen moved to approve the applicant's request to vacate Wilson
Boulevard street right-of-way from the south right-of-way line of Sedeeva Street to the westerly
extension of the south property line of Lot 22, Block "B", Floridena Subdivision, (AK.A 1071
Sedeeva Street), subject to the retention of a drainage and utility easement over the full width of
the right-of-way to be vacated. The motion was duly seconded and carried unanimously.
Ordinance #7348-04 was presented for first reading and read by title only.
Councilmember Hibbard moved to pass Ordinance #7348-04 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Hibbard, Hamilton, Jonson, Petersen, and Aungst.
"Nays": None.
8.3 Approve the applicant's request to vacate the north one-half of Dempsey Street more
particularly described in Exhibit "A" (AK.A 721 Lakeview Road). subiect to the retention of a
drainaae and utility easement over the full width of the riaht-of-way portion to be vacated. and
pass Ordinance #7349-04 on first readina. (VAC 2004-16 City of Clearwater).
Engineering Manager Scott Rice reported a flexible development application for this
property has been submitted. He requested this item be continued to December 2, 2004.
One person presented a petition and spoke in opposition to this item.
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Councilmember Hamilton moved to continue Item 8.3 to December 2, 2004. The
motion was duly seconded and carried unanimously.
8.4 Approve amendments to the Clearwater Downtown Redevelopment Plan and Pass
Ordinance #7343-04 on first readinq.
The City Council amended and approved the Clearwater Downtown Redevelopment
Plan on December 4,2004 through the adoption of Ordinance #7231-03. The Plan also was
approved by the Board of County Commissioners and Countywide Planning Authority and was
made effective on February 3, 2004. At that time, the Design Guidelines had not been
developed, although holding places were inserted into the Plan in anticipation of their adoption.
To assist in the development of these Guidelines, a steering committee was formed with
representatives from the Main Street Design Committee, Downtown Development Board,
Chamber of Commerce, affected neighborhood associations, business owners, local architects
and contractors. This Committee met on a regular basis between December 2003 and June
2004 to develop provisions that require quality site and building design and the use of quality
materials, while also providing for design flexibility. In addition, a series of presentations was
made to the Downtown Development Board, Chamber of Commerce, and the Main Street
Combined Committees to garner input and suggestions. Finally, as these Guidelines were
developed, they were presented to the City Council for the purpose of gathering suggestions
and input and conceptual approval.
Proposed Ordinance #7343-04 amends the Plan to incorporate the Design Guidelines.
Additionally, the Planning Department has identified several needed modifications, which are
included in this ordinance and outlined: 1) Make a variety of editorial changes and clarifications
in the Goals, Objectives and Policies Section of Chapter 3 Land Use Plan/Redevelopment Plan;
2) Clarify Transfer of Development Rights provisions of Policy 7 in the Goals, Objectives and
Policies section in Chapter 3 Land Use Plan/Redevelopment Plan; 3) Change all references to
the Town Lake to Prospect Lake Park in all text and graphics throughout the Plan; 4) Add adult
uses as a prohibited use within the Downtown Core character district; 5) Revise the intensity
standards by adding permitted heights for multi-family buildings and permitted density for
overnight accommodations within the East Gateway character district; 6) Revise Appendix 2
Downtown Milestones to reflect correct County approval dates and public review of the Plan; 7)
Add a new Appendix 9, entitled "Design Guidelines Glossary"; and 8) Add a new Appendix 10,
entitled "City of Clearwater Representative Downtown Architecture."
On September 21,2004, the CDB (Community Development Board) reviewed and
recommended approval of the proposed amendments to the Clearwater Downtown
Redevelopment Plan in its capacity as the Local Planning Agency (LPA).
The steering committee was thanked for their efforts.
Councilmember Hamilton moved to approve amendments to the Clearwater Downtown
Redevelopment Plan. The motion was duly seconded and carried unanimously.
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Ordinance #7343-04 was presented for first reading and read by title only.
Councilmember Jonson moved to pass Ordinance #7343-04 on first reading. The motion was
duly seconded and upon roll call, the vote was:
"Ayes": Hibbard, Hamilton, Jonson, Petersen, and Aungst.
"Nays": None.
9 - Quasi-judicial public hearings - None.
10 - Second Readings - public hearing - None.
City Manager Reports
11 - Consent Agenda - Approved as submitted.
11.1 Approve funding for Fire & Rescue training initiatives in the amount of $421,547.36 to be
funded from FY 2003/2004 General Fund retained earnings.
11.2 Authorize the appropriation of $500,000 from Central Insurance fund retained earnings into
proiect 181-99927 to provide funding for storm related damage repair and city-wide debris clean
.!dQ.
11.3 Re-appoint Bob Shipp to the Board of Trustees, Clearwater Police Supplementary Pension
Plan.
11.4 Approve acceptance of FY 2004 Local Law Enforcement Block Grant (LLEBG) funding for
two years in the amount of $68.383 from the U.S. Department of Justice/Bureau of Justice
Assistance, and that the appropriate officials be authorized to execute same.
11.5 Award contract to Aegis Mail Services. Inc. in the amount of $1.200,000 (estimated) from
November 1.2004 through October 31,2007 for mail processing services and postage for the
City of Clearwater and the appropriate officials be authorized to execute same.
11.6 Award a contract for the cleaning of the 90-foot diameter digester at the Northeast APCF
(Proiect #03-0022-UT. Biosolids Treatment Implementation - Diqester Cleaninq) to Trimax
Residuals Management (USA). Inc. of Edmonton. Alberta. Canada. in the amount of
$479.776.64. which is Items A1. A2, and A3. of the lowest responsible bid received in
accordance with plans and specifications. including a 10% Contingency, and that the
appropriate officials be authorized to execute same.
11.7 Approve a work order to McKim & Creed, in the amount of $93.500 for engineering design
services related to the Elevated Water Storage Tanks Modifications Proiect (04-0048-UT), and
that the appropriate officials be authorized to execute same.
11.8 Award a contract for the Area "F" Gravity Sewer Improvements (02-0049-UT) to Rowland.
Inc. of Pinellas Park. FL. in the amount of $415.286.30. which is the lowest responsive bid
received in accordance with plans and specifications. and that the appropriate officials be
authorized to execute same.
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11.9 Approve increasino the part-time staff assistant position in the Official Records and
Leoislative Services Department to full-time.
11.10 Approve the 2005 State Leoislative Packaoe.
Councilmember Hibbard 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.
12 - Other Items on City Manager Reports
Councilmember Hibbard moved to hear Item 15.1 out of agenda order. The motion was
duly seconded and carried unanimously.
12.1 Task Force Report re Public Enoaoement.
Public Communications Director Doug Matthews stated the report reviewed the City's
public communication methods, including town hall meetings, project presentations, and citizen
notification. He requested the City Council review the report and provide feedback and direction
before a final discussion is scheduled.
Discussion ensued with suggestions to improve public input via nontraditional methods.
In response to a question, Mr. Matthews said a selection process, that also considered
applicant zip codes, determined membership in this year's citizen academy. The City of St.
Petersburg has reserved the 311 service for Pinellas County. It was recommended that staff
work with the City of St. Petersburg to establish a 311 service that provides independent menus
for each municipality. Mr. Matthews said it may be difficult for smaller communities to fund the
311 system infrastructure requirements.
Discussion ensued regarding youth interest in government and it was recommended
Clearwater develop a youth advisory council.
Consensus was to schedule further discussion for the November 1, 2004 Work Session.
12.2 Approve a Hiohway Landscape Maintenance Memorandum of Aoreement with the Florida
Department of Transportation (FDOT), District Seven. so FDOT can relocate (transplant)
existino palms as part of the FDOT S.R. 60. Memorial Causeway resurfacino proiect. and Adopt
Resolution #04-30 authorizino execution of said Hiohway Landscape Maintenance
Memorandum of Aoreement.
FDOT (Florida Department of Transportation), District Seven, will be resurfacing the
roadway on the Memorial Causeway (SR. 60), between the Clearwater Harbor Channel Bridge
and the Memorial Causeway Bridge, adding a 5-foot asphalt paved shoulder to both sides of the
roadway, and lengthening the westbound turn lane to Island Way by 240 feet. FDOT, District
Seven, as part of the asphalt resurfacing project desires to transplant 98 existing palms and to
remove 16 existing palms within the right-of-way area of the Memorial Causeway (S. R. 60).
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FOOT's contractor will be responsible for the proper transplanting or removal of the
palms to be impacted by this project. The City will continue to maintain the area at its sole
expense and in a reasonable manner, but will review and report any deficiencies in palms'
condition to the Department. The resurfacing of the roadway, the lengthening of the turn lane,
and the continued maintenance of the landscape enhancements of the Memorial Causeway
(SR. 60) will leave a positive impression on visitors and residents alike. FOOT requires a
Memorandum of Agreement to allow landscaping within their right-of-way.
Assistant Engineering Director Glen Bahnick reported lengthening the right turn lane at
Island Way will not impact any trees.
Councilmember Hibbard moved to approve a Highway Landscape Maintenance
Memorandum of Agreement with the Florida Department of Transportation (FOOT), District
Seven, so FOOT can relocate (transplant) existing palms as part of the FOOT S.R. 60, Memorial
Causeway resurfacing project. The motion was duly seconded and carried unanimously.
Resolution #04-30 was presented and read by title only. Councilmember Hamilton
moved to pass and adopt Resolution #04-30 and authorize the appropriate officials to execute
same. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Hibbard, Hamilton, Jonson, Petersen, and Aungst.
"Nays": None.
12.3 Adopt Resolution #04-16 approvinq the Floodplain Manaqement Plan.
The City of Clearwater's current Floodplain Management Plan was adopted in
September 2000. During the City's recent five-year verification review, the Insurance Services
Office, Inc. (ISO) determined that the Plan did not meet the requirements of the current
Community Rating System (CRS) Coordinator's Manual due to changes in the Manual. In order
to continue to receive CRS points, the Plan had to be updated in compliance with a new 10-step
CRS process that addresses the four components of mitigation planning as required by the
Federal Emergency Management Agency (FEMA): planning process; risk assessment;
mitigation strategy; and plan maintenance.
The proposed Floodplain Management Plan was developed in conjunction with the
Floodplain Management Planning Committee established by the City Council in June 2004 and
includes: 1)'A description of the planning process used to develop the Plan, including the public
participation gained throughout the process; 2) A risk assessment section that provides
geographic and demographic information, identifies hazards and past storm events that
impacted the City, discusses the numbers and general locations of repetitive loss properties,
City facilities in the floodplain, and an analysis of development trends; 3) A hazard mitigation
strategy that includes an evaluation of the previous plan's activities, planning goals related to
floodplain management (from the Comprehensive Plan), mitigation measures centered on
preventive, property protection, natural resource protection, emergency services and public
information activities. This section also includes a list of funded stormwater projects and an
implementation schedule for all identified activities in the Plan; and 4) A Plan maintenance
section that requires a yearly evaluation of the Plan to be reviewed by the City Council.
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The Floodplain Management Plan must be approved and submitted to FEMA no later
than November 1, 2004.
Councilmember Jonson moved to approve the Floodplain Management Plan. The
motion was duly seconded and carried unanimously.
Resolution #04-16 was presented and read by title only. Councilmember Petersen
moved to pass and adopt Resolution #04-16 and authorize the appropriate officials to execute
same. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Hibbard, Hamilton, Jonson, Petersen, and Aungst.
"Nays": None.
12.4 Adopt Resolution #04-31, supportinq the County-wide Local Mitiqation Strateqy.
This is an updated version of the initial document adopted by City of Clearwater
Resolution #99-31 on June 17, 1999. The Pinellas Board of County Commissioners adopted
this revised document on September 21,2004. This document establishes a plan and priorities
to reduce the impact of disaster events upon all of Pinellas County and each of its
municipalities. State and federal authorities require that each county have such a plan
document to remain eligible for federal and state grants and FEMA reimbursements. The
mitigation strategy forms the basis for validation of emergency management grant applications
to the various state and federal authorities.
The Strategy is being provided to Council on disk and a hard copy is in the Council
Office for review. Critical information includes: 1) Appendix 4 identifies goals and objectives; 2)
Appendix 8 establishes evaluation priorities; 3) Appendix 9 identifies mitigation initiatives; and 4)
Appendix 10 identifies previous initiatives accomplished.
Council member Hibbard moved to support the County-wide Local Mitigation Strategy.
The motion was duly seconded and carried unanimously.
Resolution #04-31 was presented and read by title only. Councilmember Hamilton
moved to pass and adopt Resolution #04-31 and authorize the appropriate officials to execute
same. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Hibbard, Hamilton, Jonson, Petersen, and Aungst.
"Nays": None.
12.5 IAFF Union neqotiations update.
Human Resources Director Joe Roseto reported the City has resumed negotiations with
the IAFF (International Association of Fire Fighters) union and a meeting is scheduled for
tomorrow. Assistant City Manager Garry Brumback reported staff has developed a standard
response to related correspondence.
13 - City Attorney Reports - None.
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14 - City Manager Verbal Reports
The City Manager said attending the 98th ICMA conference in San Diego had been a
renewing experience. He reviewed resonating themes: 1) earnest effort to determine how
organization equips managers to perform their roles, and 2) increased concern over issues of
public involvement.
15 - Council Discussion Items
15.1 US 19 aesthetics issue for the interchanQe at Enterprise
Photographs of existing conditions in the vicinity of the Countryside overpasses were
presented.
FOOT representative Dwayne ~ Kile, said the department's Livable Communities
chapter provides guidance for the design of low speed facilities. Context sensitivity applies to
the US 19 overpass planned for Enterprise Road due to that intersection's high speeds and
volumes. While FOOT does not fund the undergrounding of utilities, the agency will work to
incorporate independently subsidized efforts with road construction projects.
He said FOOT will work with the City and pay to install decorative designs at crosswalks.
The City must maintain the crosswalks. An independent structure included in the project can be
completed as part of the Progress Energy Trail, when that is constructed. Decorative and
imprinted panels will be used on the overpass. Safety lighting will be installed underneath.
PST A (Pinellas Suncoast Transit Authority) will determine the correct locations for bus stops.
Overpass lighting will be consistent with other projects. This project will be more attractive than
the one at Countryside Boulevard.
A black vinyl fence will surround the stormwater detention pond. Opportunities to
enhance the area include flattening the pond's slope and adding landscaping or unique
boulders. A maintenance agreement with the City may be added. Landscaping for the project
has been budgeted at $586,000, excluding irrigation.
Concern was expressed litter will build up in the retention areas and near the fence. Mr.
Perez said the project will not remove current landscaping unnecessarily. In response to a
question, Public Works Administrator Mahshid Arasteh said the Beautification Committee was
not involved with this project. Information regarding Hillsborough County's livable roads
committee was requested.
Ms. Arasteh expressed concern this project not be delayed. Landscape plans will be
available for City Council review. If a briefing of the Beautification Committee occurs, it was
recommended the committee be provided a clear understanding of what is realistic. Ms.
Arasteh said no City funds have been budgeted for this project's landscaping or future
maintenance.
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16. Other Council Action
16.1 City Attorney Yearly Evaluation
Councilmembers presented individual evaluations of the City Attorney's performance for
the year and rated her Job Performance as "Excellent."
16.2 City ManaQer Yearly Evaluation
Councilmembers presented individual evaluations of the City Manager's performance for
the year and rated his Job Performance as "Excellent."
Councilmembers thanked Jazz Holiday volunteers, staff, and participants for wonderful
entertainment over four days.
Councilmember Hibbard congratulated the YMCA and Clearwater Classics for their
successful bicycle race.
Councilmembers Hibbard and Jonson thanked the Old Clearwater Bay Homeowners
Association for inviting Councilmembers to attend their annual meeting. Both supported
revisiting the City visioning process.
Councilmember Petersen reported two Sister Cities teachers from Nagano are visiting
Clearwater. Plans are underway for the Spring arrival of a large Nagano delegation. Farewells
were held at the last TBRPC (Tampa Bay Regional Planning Council) meeting for Barbara
Sheen Todd and Jan Platt. TBRPC is making efforts to reestablish its role.
Councilmember Jonson reported the PST A (Pinellas Suncoast Transit Authority)
governance issue will not be on the general election ballot until 2006. He restated direction
regarding these issues of supporting a Countywide Authority and being flexible re the
governance model to optimize public trust regarding authority finances. He attended a PSTA
function in St. Petersburg related to the "Looper" and reviewed that city's renaissance efforts.
He reported Coastal Clean-up is scheduled this Saturday as is a Say No to Drugs March. His
wife hosted a surprise birthday party for him on October 8, 2004.
Councilmember Jonson and Mayor Aunqst encouraged people to vote in the upcoming
election.
Councilmember Hamilton reported City staff provided an excellent update regarding the
Memorial Causeway Bridge at today's Beach Rotary Club meeting. He acknowledged the
passing of Wally Blackburn.
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Mavor AunQst wished happy birthday to Garry Brumback, Carolyn Brink, and Cyndie
Goudeau.
17 - Adjourn
The meeting adjourned at 8:24 p.m.
IJ,.- J 4---
Mayor (J
City of Clearwater
A/test:
~~[ )1.., D.~. ~
Cit Clerk
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