11/04/2004
.
.
.
CITY COUNCIL MEETING
CITY OF CLEARWATER
November 4, 2004
Present: Brian J. Aungst
Frank Hibbard
Hoyt P. Hamilton
William C. Jonson
Carlen Petersen
Mayor
Vice-Mayor - departed at 8:39 p.m.
Councilmember
Councilmember
Councilmember
Also present: William B. Horne II
Garry Brumback
Pamela K. Akin
Cynthia E. Goudeau
Mary K. (Sue) Diana
Patricia O. Sullivan
City Manager
Assistant City Manager
City Attorney
City Clerk - departed at 8: 17 p.m.
Assistant City Clerk - arrived at 8:17 p.m.
Board Reporter
The Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation was
offered Pastor Steve Kreloff, of Lakeside Community Chapel. 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 - None.
5 - Presentations:
5.1 Naqano Teachers
Two teachers from Nagano, Japan were introduced and they offered greetings.
5.2 Florida Main Street Awards
Acting Economic Development Director Geri Campos and Economic Development
Coordinator Anne Fogarty presented awards the City received at the Main Street Program
annual conference: 1) outstanding sign display project; 2) outstanding image campaign; and 3)
outstanding retail sales.
5.3 FNGA Donald Napier Operation Person of the Year - Ron Hamm
CGS (Clearwater Gas System) Managing Director Chuck Warrington presented the
award received by Gas Supervisor Ron Hamm at the Florida Natural Gas Association annual
conference for Outstanding Operation Person of the Year.
Council 2004-11-04
1
.
.
.
5.4 Update on Economic Development and Redevelopment SteerinQ Committee - Pinellas
County Commissioner Karen Seel
Pinellas County Commissioner Karen Seel reported more public and elected official
input is scheduled before the Economic Development and Redevelopment Steering Committee
draft report is issued in February 2005. The program will offer many tools for cities to use. PPC
(Pinellas Planning Council) Executive Director David Healy said the steering committee is a joint
project of the PPC and Pinellas County Economic Development Department. He reviewed the
draft process to date.
County Commissioner Seel said the report considers job issues, increasing the average
wage, tourism and related businesses, and land uses, including Brownfields and the conversion
of motel units to condominiums. The escalating replacement of mobile home and recreational
vehicle parks with new development increases the need for affordable housing. She said
Pinellas County continues to support CRAs (Community Redevelopment Agency) and reviewed
incentives to attract high tech/high wage jobs. County regulatory tools will include urban design.
The County will rewrite its land development regulations to encompass the direction reflected in
Clearwater's Code. The County already has reviewed and made changes to its permitting
process. Landscaping will be a major element of the new Code. A planned monitoring program
will determine if the County is accomplishing related goals.
Richard Gehring said the City Manager has been provided a community input guide
request. He said planned local summits will target the needs of that locale and residents will
decide if they wish to participate. The report will join redevelopment issues with economic
development.
6 - Approval of Minutes
6.1 City Council - October 21. 2004
Councilmember Jonson moved to approve the minutes of the regular meeting of October
21, 2004, as corrected by the City Clerk. The motion was duly seconded and carried
unanimously.
7 - Citizens to be Heard re Items Not on the Agenda
Loren WestenberQer suggested the City lease Bayview Park to a 501 (C)3 Native
American Organization to lower City maintenance costs and work with the native plant society to
label park plants.
Bill Read thanked City paramedics for saving Jack Alvord's life at a recent meeting,
thanked Councilmember Petersen for the compassion she showed Ms. Alvord, said Bayview
Park always was to be an environmental park, and encouraged its completion.
Socrates Charos and Mya Morres expressed concern they have received customer
complaints about Downtown parking personnel.
Mya Morres invited the Council to attend the Clearwater Downtown Art Stroll.
Council 2004-11-04
2
.
.
.
Public Hearings - Not before 6:00 PM
8 - Administrative public hearings - None.
9 - Quasi-judicial public hearings - None.
10 - Second Readings - public hearing
10.1 Adopt Ordinance #7348-04 on second readino. vacatino Wilson Boulevard street rioht-of-
way from the South rioht-of-way line of Sedeeva Street to the Westerly extension of the South
property line of Lot 22, Block B. Floridena Subdivision. subiect to a Drainaoe and Utility
Easement which is retained over the full width thereof.
Ordinance #7348-04 was presented for second reading and read by title only.
Councilmember Jonson moved to pass and adopt Ordinance #7348-04 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Hibbard, Hamilton, Jonson, Petersen, and Aungst.
"Nays": None.
10.2 Adopt Ordinance #7347-04 on second readino, vacatino Harold Court street rioht-of-way
from the West property line of Lot 10, Block 20. Maonolia Park. West to the Northerly extension
of a line parallel to and 20 feet west of the East Property line of Lot 10. Marshall and Brandon's.
subiect to a Drainaoe and Utility Easement which is retained over the full width thereof.
Ordinance #7347-04 was presented for second reading and read by title only.
Councilmember Petersen moved to pass and adopt Ordinance #7347-04 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Hibbard, Hamilton, Jonson, Petersen, and Aungst.
"Nays": None.
10.3 Adopt Ordinance #7343-04 on second readino, amendino the Downtown Plan and addino
Deskm Guidelines to the Downtown Plan.
Ordinance #7343-04 was presented for second reading and read by title only.
Council member Hibbard moved to pass and adopt Ordinance #7343-04 on second and final
reading. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Hibbard, Hamilton, Jonson, Petersen, and Aungst.
"Nays": None;
Council 2004-11-04
3
.
.
.
City Manager Reports
11 - Consent Agenda - Approved as submitted
11.1 Accept grant funding and approve the corresponding agreement from the Juvenile Welfare
Board totaling $105.616 for funding of three teen programs.
11.2 Award a contract to Broyhill, Inc., Dakota City, NE. for the purchase of one, new Load N
Pack Refuse Collection vehicle at a cost of $103,160, in accordance with Section 2.564(1 )(b).
Code of Ordinances-Sole Source; increase the Capital Improvement Program proiect lease
purchase budget increase the Solid Waste Operating budget for debt service expense;
authorize funding under the City's Lease Purchase agreement and that the appropriate officials
be authorized to execute the same.
11.3 Approve the final plat for "Murphy's Place," located at 322 Jasmine Way.
11.4 Approve the final plat for "Ewing Place," located at 415 Ewing Avenue.
11.5 Reappoint Councilmember Hamilton to serve as Representative to Pinellas Planning
Council for the two-year period. January 2005 through December 2006.
11.6 Appoint Dana K. Tallman to the Community Development Board with the term expiring on
February 28, 2005.
11.7 Appoint Frank L. Dame to the Marine Advisory Board with the term expiring on November
30, 2008.
Purchasing
11.8 Don Reid Ford - 20 each 2005 Ford Crown Victoria Police Cruisers.
11.9 Zabatt Power Systems - 18 each Generac 80kw portable generators.
11.10 Water Specialist Technologies LLC - T-50 copper precipitant during the contract period:
November 5.2004 through November 30.2007.
11.11 Pinellas County Solid Waste. Management Department - Disposal of normal solid waste
and storm debris during the period: November 5,2004 through October 31.2005.
11.12 Angelo's AgQreQate Materials. dba Angelo's Recycled Material - Disposal of construction
and demolition debris during the period: November 5.2004 through October 31.2005.
11.13 Angelo's Aggregate Materials, dba Angelo's Recycled Material - Increase the City
Manager's award from $100.000 to $350.000 for disposal of storm debris during the period
October 1, 2004 through November 30. 2005.
Councilmember 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
Council 2004-11-04
4
. 12 - Other Items on City Manager Reports
12.1 Consider Parks and Recreation Board recommendation naminq City property located at
3035 Gulf-to-Bay Boulevard to "Bavview Park."
In partnership with Pine lias County, the City entered into a Grant Award Agreement in
November 2002 with Florida Communities Trust (FCT), a State of Florida agency, for the
purchase of 4.2 acres of land located at 3035 Gulf-to-Bay Boulevard. Since the purchase of the
property, the City has methodically accomplished the various tasks set forth in the Management
Plan and, if included in the FY (Fiscal Year) 2004/05 CIP budget, will begin construction during
2005. On August 19, 2004, the City Council approved a Recreational Easement Agreement
between the City of Clearwater and Pinellas County, in accordance to the management plan.
On April 17, 2003, the City Council directed the Parks and Recreation Board to hold
public hearings for the purpose of naming this parcel. While several unofficial names for the
park have been used in the past as part of the grant application and for location recognition, an
official name for the park has never been determined. Therefore, in accordance with Resolution
#94-12, the Parks and Recreation Board advertised and conducted a public hearing to consider
recommendations for park names. Public meetings were held on June 28, and August 23,
2004.
.
The Board received a total of 3 names for consideration and ranked them in the
following order: 1) Bayview Park; 2) Myron A. Smith Park; and 3) Historical Bayview
Environmental Park. Based upon information gathered at this hearing, and on criteria in the
Resolution, the Parks and Recreation Board approved a motion to recommend the City Council
name the park "Bayview Park."
On October 7,2004, the City Council continued this item.
Three people supported including the word "environmental" in the name of the park and
one person recommended the park be completed soon.
Parks & Recreation Director Kevin Dunbar said the City has committed to make
improvements to the land and follow a schedule. The City continues to remove remnants of the
previous mobile home park, including many septic tanks. The City has requested and received
a six-month extension from the state to complete the park's design. The City then has three
years to complete construction.
The City Manager noted the City has a naming process that was followed.
Discussion ensued and it was noted the City Council never intended to develop the land
with an active park. Discussion ensued with comments in support of recognizing the historic
value of Mr. Smith's contribution to this community.
Councilmember Hamilton moved to name City property located at 3035 Gulf-to-Bay
Boulevard the "Myron A. Smith Bayview Park." The motion was duly seconded.
.
Council 2004-11-04
5
It was suggested the park's name could be subtitled "Environmental Education
. Experience." The environmental aspect of the park could be used as a marketing tool.
Discussion ensued in regard to selecting a name that reflects on Clearwater history and
it was recommended the process to name City parks be changed.
In response to a question, Mr. Dunbar said staff does not advocate constructing
restrooms in the park. A passive park has lower maintenance costs and less traffic. Mr. Dunbar
said according to the City's contact with the State, the grant to purchase the land would be
rescinded if the park is used for active recreation. It was suggested the park be named "Myron
A. Smith Park at Historic Bay View."
Upon the vote being taken, Councilmembers Hibbard, Hamilton, Petersen, and Mayor
Aungst voted "Aye"; Councilmember Jonson voted "Nay." Motion carried.
The City Manager said staff is willing to partner with groups whose activities fit within the
scope of the park. The City first will complete items addressed in the application before working
with non-profit groups regarding the park.
.
12.2 Adopt Resolution #04-27 and authorize appropriate City officials to execute Subordination
of Utilitv Interests aareements with the Florida Department of Transportation (FOOT) reaardina
portions of blanket water and aas main and utilities easements in Sec. 17-29-16 conveyed to
the City bv Trizec Properties. Inc. as recorded in O. R. Book 7172, Paae 1500. and bv New Plan
Excel Realtv Trust. Inc. in the plat of Clearwater Mall as recorded in Plat Book 125. Paaes 21
throuah 29, all in the Public Records of Pinellas County. Florida. as said easements may
encumber FOOT parcels 800.02.801.02 and 802.02. WPI/SEG 4149981. State Road 55.
Prerequisite to redevelopment of Clearwater Mall, New Plan Excel Realty, Inc. conveyed
right-of-way to the Florida Department of Transportation (FOOT) to construct a right turn lane
and sidewalk along the west boundary of mall property from northbound US 19 to eastbound
Gulf-to-Bay Boulevard.
Following construction of the turn lane, a field survey indicated the right-of-way was
insufficient to accommodate the planned six-foot sidewalk. To construct the sidewalk segment
as planned, engineering consultant Post, Buckley, Schuh & Jernigan is securing additional 4-
foot wide right-of-way easements from Costco, Lowe's, and Clearwater Mall, LLC to facilitate the
project. The City has blanket utility easements over all of the mall property. FOOT has
requested the City subordinate its easements to the sidewalk project as the easements
encumber project parcels 800.02 (1,323 square-feet), 801.02 (560 square-feet), and 802.02
(1,070 square-feet).
Upon subordinating the easements, the City agrees to accept FOOT control over the
easement parcels, and comply with FOOT standards established in its Utility Accommodation
Manual for any present or future transportation facility project. FOOT covenants to bear any
excess costs the City may incur to maintain or relocate its facilities as a result of subordinating
its easements for the subject project. The City and FOOT will determine and establish such
excess costs for each specific project by separate agreement.
.
Council 2004-11-04
6
.
.
.
Councilmember Jonson moved to authorize appropriate City officials to execute
Subordination of Utility Interests agreements with the Florida Department of Transportation
regarding portions of blanket water and gas main and utilities easements in Sec. 17-29-16
conveyed to the City by Trizec Properties, Inc. as recorded in O. R. Book 7172, Page 1500, and
by New Plan Excel Realty Trust, Inc. in the plat of Clearwater Mall, as recorded in Plat Book
125, Pages 21 through 29, all in the Public Records of Pinellas County, Florida, as said
easements may encumber FDOT parcels 800.02,801.02 and 802.02, WPI/SEG 4149981, State
Road 55. The motion was duly seconded and carried unanimously.
Resolution #04-27 was presented and read by title only. Council member Petersen
moved to pass and adopt Resolution #04-27 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 IAFF Union neqotiations update.
Human Resources Director Joe Roseto said the City met with the IAFF (International
Association of Fire Fighters) on October 22, 2004, and both sides exchanged proposals. No
significant progress was made. The City has provided the union with dates for additional
negotiations.
13 - City Attorney Reports
The City Attorney reported training is scheduled for the CDB (Community Development
Board) on December 10,2004 at 9:00 a.m.
14 - City Manager Verbal Reports
14.1 Jack Russell Stadium RFP
The City Manager reported the neighborhood committee had recommended the City not
accept either proposal submitted in response to the City's RFP/Q (Request for Proposals/
Qualifications). The City Manager supported that recommendation.
Ms. Campos said the responses did not meet the needs of the community or City. She
recommended the City hire a consultant, go back to the community for input, and develop a
master plan, which would increase job opportunities and improve the neighborhood's quality of
life. In response to a question, she said the 2003 market study had considered the site's total
16 acres. The City Manager said any project done there should be market driven.
Six residents encouraged the City to continue to work on redeveloping the site and
improving neighborhood conditions.
RFP/Q responder Tom Kennedy, of Grubb and Ellis, reviewed the benefits of his firm's
proposal, indicating the public/private project would result in a quality business park and provide
diversity in the redevelopment of Downtown, growth opportunities, and tax revenues to the City.
Council 2004-11-04
7
.
.
.
He requested the opportunity to meet with staff and the community to dialog regarding project
benefits.
Opposition was expressed to hiring another consultant and it was felt residential
development would be a poor use of the site. Support was expressed for a project that would
create jobs and/or provide training and education. It was recommended the City and community
meet with Grubb and Ellis to dialog.
In response to a suggestion, Ms. Campos said the consultant would be used to facilitate
meetings and gather input from the community.
The City Manager said staff has embarked on a strategy to try to listen to many voices in
the area. He said the NAACP has offered to marshal all neighborhood voices. The City has
built facilities in the neighborhood and reduced crime. He said staff is willing to sit down with
interested parties to develop something that will work. The City will look into obtaining federal
funding to help create jobs.
NAACP efforts were commended. Support was expressed for continuing to work with
Grubb and Ellis. In response to a question, the City Attorney said there is not a problem with
continuing the dialog with one or both of the responding firms. Currently, no incentives exist to
attract people to the area. If no agreement is reached, the City can release an additional
RFP/Q.
Consensus was to reject the proposals and to continue dialogue with the community and
interested parties.
Town Hall Meeting
The City Manager reported the December 7, 2004 Town Hall Meeting will be
rescheduled for January 2005.
15 - Council Discussion Items
15.1 American Public Gas Association - Public Gas Policy Council Member
Councilmember Hibbard moved to appoint Councilmember Hamilton as Public Gas
Policy Council Member. The motion was duly seconded and carried unanimously.
16. Other Council Action
16.1 City ManaQer's Salary Adiustment
Discussion ensued in regard to the City Manager's salary and comparisons with other
comparable cities. It was felt a 3% increase was appropriate as it reflects raises given other
City management.
Councilmember Jonson moved to approve a 3% increase to the City Manager's salary.
The motion was duly seconded. Councilmembers Jonson, Hamilton, Petersen, and Mayor
Aungst voted "Aye"; Councilmember Hibbard voted "Nay." Motion carried.
Council 2004-11-04
8
~. ..'
. ~ ffiM!tL
C,,~ity
.
.
.
16.2 City Attorney's Salary Adiustment
Discussion ensued in regard to a 3% salary adjustment for the City Attorney and she
indicated she would be pleased to receive that percent of increase.
Councilmember Hamilton moved to approve a 3% increase to the City Attorney's salary.
The motion was duly seconded and carried unanimously.
Councilmembers Hibbard, Petersen, and Jonson attended the Lake Belleview walk
against drugs.
Councilmembers Hibbard, Petersen, and Hamilton attended the retreat sponsored by the
Greater Clearwater Chamber of Commerce.
Council member Petersen reviewed issues discussed at the recent Underground Utilities
Task Force meeting in Tampa and invited residents to support the Farmers Market on
Wednesdays at City Hall.
Council member Jonson said he was happy the CDB training has been scheduled;
requested the City sponsor the Suncoast League of Municipalities Meeting on March 19, 2005
at the Harborview Center; congratulated Councilmember Petersen's son for being recognized
as Volunteer of the Year at the Dunedin Library; reviewed Main Thing activities on Thursday
nights at the Main Library; attended the official dedication of Dunedin Middle School; invited
residents to attend the Historical Society Fish Fry on November 6, 2004; invited residents to
attend the Downtown Arts Stroll on November 13, 2004; and attended the Ruth Eckerd Hall
Harvesting for Scholarships Dinner on November 3, 2004.
Councilmember Hamilton complimented the Blues Bash hosted by the Clearwater
Threshers at Bright House Networks Field on October 31,2004.
Councilmember Hamilton and Mayor Aunast announced a Jaws of Clay Concert is
scheduled at Bright House Networks Field on November 5, 2004 and sent prayers and best
wishes for recovery to FSU students who are hospitalized following a vehicular accident on their
way home.
Mayor Aunast reported a car show is scheduled at Bright House Networks Field this
weekend; the Junior League of Clearwater/Dunedin is hosting the Art Harvest at Highlander
Park on November 6, 2004; a Sayonara Party for Nagano teachers is scheduled at the roof top
terrace of the Main Library on November 10, 2004; many events are scheduled for Veterans
Day; and the next Work Session is scheduled for November 15, 2004, at 9:00 a.m.
17 - Adjourn
The meeting adjourned at 8:58 p.m.
Council 2004-11-04
9