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11/03/2016 City Council Meeting Minutes November 3, 2016 City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 e d s w r' �mu Meeting Minutes Thursday, November 3, 2016 6:00 PM Council Chambers City Council Page 1 City of Clearwater City Council Meeting Minutes November 3, 2016 Roll Call Present: 5 - Mayor George N. Cretekos, Vice Mayor Bill Jonson, Councilmember Doreen Caudell, Councilmember Bob Cundiff and Councilmember Hoyt Hamilton Also Present: Jill Silverboard — Deputy City Manager, Pamela K. Akin - City Attorney, Rosemarie Call - City Clerk, and Nicole Sprague — Official Records and Legislative Services Coordinator To provide continuity for research, items are listed in agenda order although not necessarily discussed in that order. 1. Call to Order— Mayor Cretekos The meeting was called to order at 6:00 p.m. at City Hall. 2. Invocation — Pastor Akil Thompson from New Destiny Worship Center. 3. Pledge of Allegiance — Councilmember Caudell 4. Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by governmental agencies or groups providing formal updates to Council will be limited to ten minutes.) — Given. 4.1 Nagano Exchange Teacher Atsushi Katsuyama Presentation - Chris Hubbard, P&R 4.2 Juvenile Welfare Board Day Proclamation, November 5, 2016 — Judith Warren, Juvenile Welfare Board 4.3 World Pancreatic Cancer Day Proclamation. November 17, 2016 — Suzy Swenson, World Pancreatic Cancer Action Network 4.4 Suncoast Jazz Classic Weekend Proclamation, November 18-20, 2016 — Joan Dragon, Suncoast Jazz Classic Weekend 4.5 Marine Advisory Board Presentation - Paul Lightfoot, Marine Advisory Board Chair Mr. Lightfoot reviewed the Board's accomplishments over the past year. Page 2 City of Clearwater City Council Meeting Minutes November 3, 2016 5. Approval of Minutes 5.1 Approve the minutes of the September 29, 2016 Special Council Meeting and the October 20, 2016 City Council Meeting as submitted in written summation by the City Clerk. Councilmember Cundiff moved to approve the minutes of the September 29, 2016 Special Council Meeting as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. Vice Mayor Jonson requested a correction on the October 20, 2016 council meeting minutes as he was unable to provide a fully positive evaluation this year. He provided the following proposed correction (page 14): "11.1 City Attorney Evaluation: Councilmember Cretekos, Hamilton, Caudell and Cundiff gave positive oral evaluations to the City Attorney. Vice Mayor Jonson said he provided feedback to the City Attorney via the SAMP 4-6 Performance Evaluation Form which included the rating of "Exceeds Expectations." 11.2 City Manager Evaluation: Councilmembers Cretekos, Hamilton, Caudell and Cundiff gave positive oral evaluations to City Manager. Vice Mayor Jonson said he provided feedback to the City Manager via the International City/County Management Association format, copies of the forms were provided to Council's Executive Assistant for distribution. He reported he was disappointed with progress on at least two of the three development targets identified in the previous year's appraisals." It was stated that the purpose of minutes is to provide a brief summary, not a detailed or a descriptive account of what each councilmember said. It was suggested that the minutes be amended by replacing "positive" with "their." Vice Mayor Jonson moved to amend the October 20, 2016 minutes (page 14, line 4) to read, "Councilmembers gave their positive evaluations to the City Attorney and City Manager." The motion was duly seconded and carried unanimously. Councilmember Hamilton moved to approve the October 20, 2016 minutes as amended. The motion was duly seconded and carried Page 3 City of Clearwater City Council Meeting Minutes November 3, 2016 unanimously. 6. Citizens to be heard re items not on the agenda Suzy Swenson said as a survivor of pancreatic cancer and representative of the Tampa Bay Affiliate of the Pancreatic Cancer Action Network she thanked the City Council for the proclamation. Marilyn Turman thanked the Council, staff and Clearwater Police Department for their continued support of the Clearwater Community Council's annual Community Family Fun Night. Martin Hughes thanked Council for providing a proclamation for pancreatic cancer day. 7. Consent Agenda — Approved as submitted. 7.1 Declare as surplus backup Compressed Natural Gas (CNG) fueling compressor and obsolete gas appliances and repair parts to the needs of the City, authorize disposition through sale to the highest bidder through open market and authorize the appropriate officials to execute same. (consent) 7.2 Approve the purchase of License Plate Recognition equipment, in the amount of $100,642.00, from Vetted Security Systems of St. Petersburg, Florida, pursuant to City Code Section 2.564 (1)(d) and authorize the appropriate officials to execute same. (consent) 7.3 Approve Change Order 1 to Rowland, Inc. in the amount of$750,000 for Emergency Repairs associated with Water Reclamation Facilities (WRFs) as part of the 2013-14 Sanitary Sewer and Manholes Rehabilitation Project and authorize the appropriate officials to execute same. (consent) 7.4 Approve the first amendment to the Stevenson Creek Project Partnership Agreement (PPA) with the Department of the Army to increase the amount of Federal funds that may be contributed towards a project from $5,000,000 to $10,000,000 and authorize the appropriate officials to execute same. (consent) 7.5 Ratify and confirm a change order increasing the not-to-exceed amount of the Gator Dredging contract for the dredging of Clearwater Point to $430,000.00 to cover the cost of dredging an additional 7,081 cubic yards of sand. (consent) 7.6 Approve a proposal from Construction Manager at Risk, Cathey Construction and Development, LLC of Mexico Beach, FL, in the amount of$194,689.95 for improvements to General Services/Garage Offices Project (CC-1701); and authorize Page 4 City of Clearwater City Council Meeting Minutes November 3, 2016 the appropriate officials to execute same. (consent) 7.7 Request for authority to settle the case of Christopher Kakalow v. City of Clearwater Case No. 16-002350-CI for $60,000. (consent) 7.8 Request for authority to settle the case of Neiman Nix v. City of Clearwater Case No. 16-002387-CI for $37,000. (consent) Councilmember Caudell moved to approve the Consent Agenda as submitted and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. Public Hearings - Not before 6:00 PM 8. Second Readings - Public Hearing 8.1 Adopt Ordinance 8948-16 on second reading, annexing certain real properties whose post office addresses are 2130 and 2192 Bell Cheer Drive, all in Clearwater, Florida 33764, into the corporate limits of the city and redefining the boundary lines of the city to include said additions. Ordinance 8948-16 was presented and read by title only. Councilmember Cundiff moved to adopt Ordinance 8948-16 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Jonson, Councilmember Caudell, Councilmember Cundiff and Councilmember Hamilton 8.2 Adopt Ordinance 8949-16 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real properties whose post office addresses are 2130 and 2192 Bell Cheer Drive, all in Clearwater, Florida 33764, upon annexation into the City of Clearwater as Residential Low (RL). Ordinance 8949-16 was presented and read by title only. Councilmember Hamilton moved to adopt Ordinance 8949-16 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Jonson, Councilmember Caudell, Councilmember Cundiff and Councilmember Hamilton Page 5 City of Clearwater City Council Meeting Minutes November 3, 2016 8.3 Adopt Ordinance 8950-16 on second reading, amending the Zoning Atlas of the city by zoning certain real properties whose post office addresses are 2130 and 2192 Bell Cheer Drive, all in Clearwater, Florida 33764, upon annexation into the City of Clearwater as Low Medium Density Residential (LMDR). Ordinance 8950-16 was presented and read by title only. Vice Mayor Jonson moved to adopt Ordinance 8950-16 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Jonson, Councilmember Caudell, Councilmember Cundiff and Councilmember Hamilton 8.4 Adopt Ordinance 8951-16 on second reading, annexing certain real property whose post office address is 3041 Merrill Avenue, Clearwater, Florida 33759, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance 8951-16 was presented and read by title only. Councilmember Caudell moved to adopt Ordinance 8951-16 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Jonson, Councilmember Caudell, Councilmember Cundiff and Councilmember Hamilton 8.5 Adopt Ordinance 8952-16 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 3041 Merrill Avenue, Clearwater, Florida 33759, upon annexation into the City of Clearwater as Residential Low (RL). Ordinance 8952-16 was presented and read by title only. Councilmember Cundiff moved to adopt Ordinance 8952-16 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Jonson, Councilmember Caudell, Councilmember Cundiff and Councilmember Hamilton 8.6 Adopt Ordinance 8953-16 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 3041 Merrill Avenue, Clearwater, Florida 33759, upon annexation into the City of Clearwater as Low Medium Density Residential (LMDR). Page 6 City of Clearwater City Council Meeting Minutes November 3, 2016 Ordinance 8953-16 was presented and read by title only. Councilmember Hamilton moved to adopt Ordinance 8953-16 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Jonson, Councilmember Caudell, Councilmember Cundiff and Councilmember Hamilton 8.7 Adopt Ordinance 8954-16 on second reading, annexing certain real property whose post office address is 1846 Pineland Drive, Clearwater, Florida 33755, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance 8954-16 was presented and read by title only. Vice Mayor Jonson moved to adopt Ordinance 8954-16 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Jonson, Councilmember Caudell, Councilmember Cundiff and Councilmember Hamilton 8.8 Adopt Ordinance 8955-16 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1846 Pineland Drive, Clearwater, Florida 33755, upon annexation into the City of Clearwater as Residential Urban (RU). Ordinance 8955-16 was presented and read by title only. Councilmember Caudell moved to adopt Ordinance 8955-16 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Jonson, Councilmember Caudell, Councilmember Cundiff and Councilmember Hamilton 8.9 Adopt Ordinance 8956-16 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1846 Pineland Drive, Clearwater, Florida 33755, upon annexation into the City of Clearwater as Low Medium Density Residential (LMDR). Ordinance 8956-16 was presented and read by title only. Councilmember Cundiff moved to adopt Ordinance 8956-16 on second and final reading. The motion was duly seconded and upon Page 7 City of Clearwater City Council Meeting Minutes November 3, 2016 roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Jonson, Councilmember Caudell, Councilmember Cundiff and Councilmember Hamilton 9. City Manager Reports 9.1 Approve a Memorandum of Understanding (MOU) between Westfield Property Management, LLC, a Delaware limited liability company, in its capacity as agent for the owner of the premises known as Westfield Countryside (Shopping Center), located at 27001 US Highway 19 North, Clearwater, Florida, and the City of Clearwater Police Department for the purpose of accessing the video surveillance systems located at the Shopping Center and authorize the appropriate officials to execute same. Westfield Property Management, LLC and the Clearwater Police Department have entered into a cooperative agreement to allow the police department immediate access to the video surveillance systems at Westfield Countryside (Shopping Center) during an incident involving an active shooter or other significant life-saving event. The property manager, however, has requested that the Clearwater Police Department (CPD) agree to the terms and conditions outlined in the MOU between Westfield Property Management, LLC, and CPD. Additionally, the property manager has requested that CPD hold harmless Westfield and its affiliates (including without limitation, the owner of the Westfield Countryside shopping center) from and against any and all loss liability, damage, cost or expense arising out of or related to CPD's use of the video surveillance systems. Nothing in the MOU, however, shall be deemed a waiver of the limitations on liability contained in Section 768.28, Florida Statutes, or the doctrine of sovereign immunity. There are no costs associated with this Memorandum of Understanding. Police Chief Daniel Slaughter said the item before Council is restricted to emergency situations only. The department will not be able to use the cameras for crime prevention. There are no signs on the premises indicating the Clearwater Police Department will have access to the video surveillance. Chief Slaughter said the retailer must balance the security measures with shoppers'sense of security. Councilmember Hamilton moved to approve a Memorandum of Understanding (MOU) between Westfield Property Management, LLC, a Delaware limited liability company, in its capacity as agent for the owner of the premises known as Westfield Countryside (Shopping Center), located at 27001 US Highway 19 North, Page 8 City of Clearwater City Council Meeting Minutes November 3, 2016 Clearwater, Florida, and the City of Clearwater Police Department for the purpose of accessing the video surveillance systems located at the Shopping Center and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. Complete Streets Grant Program Deputy City Manager Jill Silverboard said at the October 20 council meeting, a group of residents approached Council regarding a grant application for a portion of Drew Street, which is currently the responsibility of the Florida Department of Transportation. Council authorized staff to divert up to 20 hours of staff time, or$1,000 of consultant time, to determine whether a proposal could be written within the time limits and submit the grant application. Ms. Silverboard said staff has researched the grant opportunity and has determined a consulting firm can be used to prepare and submit the grant application within the required timeframe. The consultant's fee exceeds Council's authorized amount, the estimated fee is $1,500. Staff is requesting Council authorize a not to exceed amount of$2,000 to cover any incidentals. In response to questions, Ms. Silverboard said staff does not have a list of potential corridors that has been shared with Council. Council has approved a number of area plans that speak to the types of improvements and infrastructure one would find in a complete streets program. Two potential candidates for the Complete Streets Grant Program in the next couple of years are N. Ft. Harrison Ave., based on the N. Marina Area Master Plan, and the East Gateway Area for Streetscaping on Cleveland Street Phase 3. The portion of Drew Street being submitted for the grant is owned and maintained by FDOT. A concern was expressed that the grant request was unexpected, not part of the City's work plan or identified as a priority. Councilmember Caudell moved to authorize the City Manager direct the diversion of up to 20 hours of staff time, or an amount not to exceed $2,000 of consultant time, to determine whether a grant proposal can be written within the time limits, to include working with Forward Pinellas regarding the application and return to Council with findings. The motion was duly seconded. Discussion ensued with comments made that the requested section of Drew Street is in need of maintenance. It was stated that FDOT Page 9 City of Clearwater City Council Meeting Minutes November 3, 2016 subscribes to Complete Streets. Upon the vote being taken, Vice Mayor Jonson and Councilmembers Caudell, Hamilton and Cundiff voted "Aye"; Mayor Cretekos voted of Nay." Motion carried. 10. City Attorney Reports — None. 11. Other Council Action 11.1 City Manager and City Attorney salary increases The performance evaluation discussion for the City Manager and City Attorney were conducted by City Council at the October 20, 2016 City Council meeting. The discussion and decision on salary increases for the City Manager and City Attorney are conducted at the subsequent council meeting. Human Resources Director Joe Roseto reviewed the comparative data provided to Council. In response to questions, Mr. Roseto said historically, the cost of living and salaries on the east coast of Florida are 10% higher than the west coast of Florida. Staff provided salary information for cities in southeast Florida because the jurisdictions had similar populations and FTE counts as Clearwater. Mr. Roseto said the City historically has fallen below the average salary for the city attorney and city manager positions. The City's police officers received a 4% wage increase effective October 1, 2016; the City's Fire employees did not receive an across the board salary increase but rather a step increase for the first seven years with a 5% increase, more senior employees received a 2.5% increase, the CWA represented employees a 2.5% increase effective October 1, 2016. The City Manager has not determined the salary increase for SAMP employees, which typically takes effect on January 1. Mr. Roseto said the City's pay philosophy for the employee groups is that Clearwater will not have the highest pay in the area but will be above the average. The City Manager and City Attorney have been with the City for a while, if the city had to recruit for their replacement, a significant salary increase would be considered as part of the recruitment process. It was stated that the City Attorney and City Manager chose not to Page 10 City of Clearwater City Council Meeting Minutes November 3, 2016 receive an increase while employees'salaries were frozen during the economic downturn (2008 - 2011). A concern was expressed with providing the city attorney and city manager a salary increase that was greater than the lowest paid employee. Councilmember Hamilton moved to provide the City Manager a 3% salary increase effective October 1, 2016. The motion was duly seconded. Discussion ensued with comments made that the city manager position for Clearwater is not a stepping stone for a bigger position and that the City Manager performs his job well. Concerns were expressed that providing a salary increase now would not be looked well upon and that some residents and business owners are concerned that visible progress on implementing ULI recommended priorities is not evident. It was stated that a 3% increase is greater for the city manager than an employee who earns much less. Upon the vote being taken, Councilmembers Caudell, Cundiff, and Hamilton voted "Aye;" Mayor Cretekos and Vice Mayor Jonson voted ay. Motion carried. Councilmember Caudell moved to provide the City Attorney with a 3% salary increase, effective October 1, 2016. The motion was duly seconded. It was stated that the City Attorney has exceeded expectations during the past and a concern was expressed that a 3% increase is greater for the city attorney than an employee who earns much less. Upon the vote being taken: Councilmembers Caudell, Cundiff, and Hamilton voted "Aye;" Mayor Cretekos and Vice Mayor Jonson voted ay. Motion carried. 12. Closing comments by Councilmembers (limited to 3 minutes) Vice Mayor Jonson congratulated the Chicago Cubs and Coach Joe Maddon on their World Series Championship. He congratulated Councilmember Caudell for the excellent technical workshop earlier in the day at Forward Pinellas regarding waterborne transportation, and acknowledged her presence at the downtown gateway banner dedication. He said he took his grandchildren to the Long Center playground and commented on the age Page 11 City of Clearwater City Council Meeting Minutes November 3, 2016 capability of the equipment and hopes to see similar activities provided in Coachman Park to enhance the downtown area. Councilmember Caudell said Clearwater Arts Alliance is taking on a lot of different projects and commented on the signal box art that is at many intersections in the area including a Jazz Holiday wrapped box located on Alt. 19 coming into Clearwater. She expressed the importance of the arts and art education. She reported that on November 20, 2016, the Clearwater Regional Chamber of Commerce will be creating a dolphin reunion at Westfield Mall of all the dolphins that were on display across the state. She commented on crosswalk art along Gulf Boulevard that is painted like a fish with bones. She invited the public to go to the Clearwater Historic Society's webpage and Facebook page. Lowe's is working in partnership with the Society and are taking donations to build the Historic Society's and the Clearwater Bombers museum at the South Ward Elementary site. 13. Closing Comments by Mayor Mayor Cretekos reviewed recent and upcoming events. 14. Adjourn The meeting adjourned at 7:21 p.m. _cteorkencr At. �of Attest City of Clearwater Mayor City of Clearwater Page 12